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HomeMy WebLinkAbout1999 City Council Minutes1433 January 4, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of January 4, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mrs. Robinette recommended the following amendment to the minutes: page 3, Final Plat Forest Hills Planned Unit Development. "Mr. Carlisle moved that the final plat be accepted subject to a $12,500 bond being posted to cover completion of items including the sidewalk along 41St Street and the following note added..." With that correction, Mr. Christiansen moved, seconded by Mr. Brown to approve the minutes of December 21, 1998. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, Rock, and Carlisle. Abstain: Sizemore. Motion carried. Citizen Hearinqs There were no citizens present who wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell announced that the Association of Washington Cities will hold its Legislative Conference in Olympia on the 24th and 25th of February. Three openings have been reserved for Council members and the Mayor encouraged those members interested in attending to contact his office. Mr. Christiansen reported that Council procedures call for the appointment of committee members at the second regularly scheduled Council meeting of each year. Mr. Christiansen asked to be notified of any committee changes; otherwise the Council committees will continue as established. Ordinance: 1998 Amendments to Comprehensive Plan Mayor Maxwell introduced an Ordinance for adoption incorporating the proposed amendments to the 1998 Comprehensive Plan. Mr. Ian Munce, Planning Director, summarized the three major amendments: (1) incorporation of the Capital Facilities into the Comprehensive Plan; (2) adoption of a Citizens Participation Program; and (3) ratification of the rezone at 10th and Commercial. With that, Mr. Carlisle moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2481 entitled "1998 Amendments to the City Comprehensive Plan". Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Ordinance: 1998 Amendments to Development Requlations Mayor Maxwell introduced an Ordinance for adoption incorporating the proposed amendments to the Zoning and Subdivision Ordinances. Mr. Ian Munce, Planning Director, reported to Council that previously recommended amendments by Council have been incorporated into the text of the Ordinance. Mr. Christiansen assisted in development of definitions for public, private, and commercial parking. Other amendments included language regarding accessory building in rear set -back area, sight -obscuring fences to include hedges. Mr. Munce suggested that the setback, parking, and hedge issues be reviewed in depth in 1999. During the ensuring review it was recommended that Section 17.46.010 (B) be changed to "...residential orretaillservice use will..." Discussion followed regarding the definition of "an improved public street". Under 16.04.080 DEFINITIONS, Street, Improved Public, reads, " A platted public street, paved to City specifications (minimum residential width 32 feet edge to edge). Under 17.06 the minimum improved street width is 28 feet." Table 1, Minimum Street Standards shall read, "Minimum residential street construction width shall be 32 feet edge to edge. Text was amended in 16.32.030 deleting a sentence under Pedestrian Facilities. With those changes, Mr. Rock moved, seconded by Mr. Petrish, to adopt Ordinance No. 2482 entitled "Ordinance Amending the Development Regulations for the City of Anacortes (Zoning and Subdivision Ordinances). Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Approval of Vouchers On a motion by Mr. Christiansen, and second by Mr. Carlisle, 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 31, 1998 were approved for payment as of this date, January 4, 1999. Council vote was unanimous. Claims Warrants Jan, 1999: Warrant Numbers 839 through 966 in the total amount of $338,814.94 Prewritten Claims Dec, 1998: Warrant Numbers 56721 through 56726 in the total amount of $5,488.51 January 4, 1999 - continued With this motion Council also cancelled Claims Warrant No. 668 in the amount of $129.80. Public Hearina: Extension of Interim Zonina Ordinance on Cellular Towers Mayor Maxwell opened the Public Hearing to review and take public comment on a Resolution authorizing a 6 -month extension of the effective date of Ordinance No. 2470 (Telecommunication Ordinance). Mr. Ian Munce, Planning Director, explained that interim regulations are only effective for 6 -months and the Resolution now before Council authorizes the necessary extension. There were no public comments and the Mayor declared the Public Hearing closed. With that, Mr. Christiansen moved, seconded by Mr. Rock, to adopt Ordinance No. 2483. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Sewer Line Emernencv Repair - Resolution Mr. Jim Pemberton, Public Works Director, presented a Resolution to Council referencing two sanitary sewer line emergencies. Mr. Pemberton described the nature of the emergencies and steps taken to repair the collapsed lines. Because the repair had to be done immediately to main essential city services there was insufficient time to follow the normal bidding process. The Resolution now before Council resolves that an emergency existed necessitating immediate repair. With that, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Resolution No. 1493, entitled "A Resolution Declaring an Emergency Under RCW 39.04.280 (1) c." Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. At approximately 8:40 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, January 11, 1999 at 7:30 p.m. for the. purpose of considering a land sale. ge K aian, ity Clerk -Treasurer H. Dean Maxwell, Mayor <_� uncilmember Continued Meeting of January 4, 1999 - January 11, 1999 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll Call found present: Councilmembers Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Absent: Bud Rock. Ian Munce, City Planning Director, presented two competing proposals to purchase the two acres of surplus City property at the northwest corner of Whistle Lake and Haddon Roads. One proposal was from, the Lark Corporation for $80,000 and one from Mr. Dale Herrigstad for $92,000. Both proposals had contingencies. It was noted that the high bidder also had the most straightforward contingencies, namely subject to financing and suitability for a septic system. After discussion, Mr. Sizemore move that the Resolution No. 1494, authorizing the sale of the subject property to Mr. Dale Herrigstad, be adopted. The motion was seconded by Mr. Carlisle. Vote: Ayes - Petrish, Robinette, Christiansen, Sizemore, Brown, and Carlisle. The meeting adjourned at approximately 7:45 p.m. Geese Khta6an, City Clerk -Treasurer H. Dean Maxwell, Moor Cou-ncilm ember 1434 1435 January 19, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of January 19, 1999 to order. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Nick Petrish. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mrs. Robinette recommended the following amendment to the minutes of January 4, 1999, page 1, Ordinance: 1998 Amendments to Development Regulations: after the sentence beginning "Under 16.04.080 DEFINITIONS, ...." add the sentence "Under 17.06 the minimum improved street width is 28 feet." With that correction, Mr. Sizemore moved, seconded by Mr. Brown, to approve the minutes of January 4, 1999 and January 11, 1999. Vote: Ayes — Brown, Christiansen, Robinette, Rock (Mr. Rock abstained from the vote on the minutes of the 11th), Carlisle, and Sizemore. Motion carried. Citizen Hearincis There were no citizens present who wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell presented the 1999 Capital Facilities Plan and Budget schedule. Mayor Maxwell then read from Resolution No. 1495 honoring Tommy Thompson and dedicating a portion of the former Burlington Northern Right -of -Way in his name. In acknowledgement of Mr. Thompson's selfless dedication to this community, a portion of the former Burlington Northern Railroad right-of-way as it now exists or may hereafter be relocated from 9th Street southward shall be known as the Tommy Thompson Parkway. Mr. Brown moved, seconded by Mr. Rock, to adopt Resolution No. 1495. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Sizemore, and Brown. Motion carried. Closed Record Hearina — Conditional Use Application — Four-plexes in R 3 Zone — 22"d & I Ave Mayor Maxwell continued this closed record meeting to Monday, February 1, 1999. "V" Place Clean -Up — Acceptance of Improvements Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce explained that this project entailed the removal and disposal of contaminated soils from City property east of the former plywood mill. Mr. Munce further reported that the project was completed under budget. Additionally, since closure of this project a covenant has been recorded describing the fact that the property has been cleaned -up to industrial levels and is suitable for reuse. Mr. Munce concluded by reporting that project reimbursement funds have already been received from the State Department of Ecology. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to accept the project as complete thereby initiating the mandatory 45 -day lien period. If no liens are filed retainage now held by the City will be released to the contractor. Vote: Christiansen, Robinette, Rock, Carlisle, Sizemore, and Brown. Motion carried. Quarry Policv Discussion Mayor Maxwell discussed the procedure to follow to identify various issues on a Conditional Use application received from the Anacortes Parks Department for a Lakeside Industries mining proposal on 16 acres of Anacortes City Forest Lands. If Council so chooses, three public hearings will be held; one before the Planning Commission, one before the Board of Adjustment, and one before the City Council. Mr. Ian Munce, Planning Director, reported that the Planning Commission has scheduled a Public Hearing for Wednesday, January 27, 1999. Based on Council input, Mr. Munce will clarify with the Planning Commission that they will be reviewing this merits of this proposal from a land issue perspective and that financial issues will be reviewed and acted upon by the Council. With regard to the financial aspects, Mr. Christiansen said that based on information received thus far, he would have no objection to using revenues for forestland, park, and open space. Mr. Carlisle supported the meeting schedule as it would allow ample time for any other negotiations with Lakeside Industries to conclude. After discussion, Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt the hearing schedule as presented. Vote: Ayes — Robinette, Rock, Carlisle, Sizemore, Brown, and Christiansen. Motion carried. Approval of Vouchers On a motion by Mr. Carlisle, and second by Mr. Rock, 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 7, 1999 and January 14, 1999 are approved for payment as of this date, January 19, 1999. Council vote was unanimous. January 19, 1999 —continued Claims Warrants Jan, 1999: Warrant Numbers 974 through 1149 in the total amount of $655,967.93 Payroll Dec, 1998: Warrant Numbers 13683 through 13829 in the total amount of $342,616.57 Appointment: Library Board Trustee Appointment: Ann Moore Mayor Maxwell announced his appointment of Ms. Ann Moore as trustee on the Anacortes Library Board. Ms. Moore has been appointed to serve the unfilled term of Mr. John Moody. Mr. Sizemore moved, seconded by Mr. Rock, to confirm the appointment of Ms. Ann Moore to the Library Board. Vote: Ayes — Carlisle, Sizemore, Brown, Christiansen, and Rock. No — Robinette. Motion carried. Stormwater Rates Mr. Jim Pemberton, Public Works Director, began a discussion on storm water utility rates by referencing his January 12, 1999 memorandum to Council. The memo contains a detailed summary and discussion of the issues facing the City with regard to a storm water utility. Mr. Pemberton pointed out that the last stormwater rate ordinance was passed in 1985 setting an amount of $1.50 per Equivalent Residential unit (ERU) based on 2,000 square feet of impervious surface for commercial, industrial, and residential development. Subsequent to that Ordinance a Surface Water Quality Management Plan was generated to identify all aspects of the development of a comprehensive program for management for surface water including financing. Mr. Pemberton then reviewed a proposed rate increase to $3.00 per month. Based on Council direction an Ordinance implementing the new rate could be brought back to Council for adoption. Discussion followed regarding the level of maintenance required for this utility. Mr. Pemberton also discussed the rate and impervious surface calculations. He explained that the increased revenue would be used for maintenance of stormwater facilities and for providing the personnel and equipment necessary to accomplish this. Additional revenue would be earmarked for capital projects. Council directed staff to develop an Ordinance reflecting the proposed rate increase. Clearidae Lot 140: Establishina Minimum Sale Price Mr. Ian Munce, Planning Director, directed Council's attention to his memo proposing a minimum sale price for the surplused, City -owned Lot 140 in the Clearidge subdivision. One modest proposal has been received as an offer. In light of this proposal the Planning Director recommends that Council set a minimum sale price of $40,000. Mr. Christiansen discussed the assessed value/fair market price of the lot. At the conclusion of Council discussion, Mr. Sizemore moved, seconded by Mr. Brown, to set a minimum sale price in the amount of $58,000 for Lot 140, Clearidge. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. There being no further business, at approximately 8:40 p.m. Mayor Maxwell adjourned the meeting. Ge a Khta' n, City Clerk -Treasurer H. Dean Maxwell, Mayor r' Councilmember 1437 February 1, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of February 1, 1999 to order. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Nick Petrish. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Rock, that the minutes of January 19, 1999 be approved as if read. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearincis There were no citizens present who wished to testify on matters not on the agenda. Mavor/Council Communication In response to a request from Mrs. Erica Pickett, Mayor Maxwell announced that the Governor has declared the week of January 31St through February 6th as Toastmasters Week in Washington Sate. The local Toastmasters Club meets at noon, every Monday at the Elks. Mayor Maxwell then presented an Ordinance to Council for review and approval. The Ordinance would, under certain circumstances, allow for utilities to be disconnected without utility charges accruing. An example would be if a customer were unable to occupy the premises due to extended illness or advanced age. With that, Mr. Carlisle moved, seconded by Mr. Brown, to adopt Ordinance No. 2484 entitled, "An Ordinance Providing for Discontinuance of Utility Billings for Premises Having Utility Services Discontinued Under Special Circumstances.". Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and Sizemore. Motion carried. Ordinance: Amendina the Capital Facilities Plan by Addina the Ben Root Skate Park as an Additional Proiect Mr. Gary Robinson, Director of Parks and Recreation, presented an Ordinance amending the Capital Facilities Plan with the addition of the Ben Root Skate Park. Mr. Robinson pointed out that Council reviewed this issue previously in Study Session. The estimated construction cost is $100,000. After discussion, Mr. Rock moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2485 entitled, "An Ordinance Amending Ordinance No. 2467 which is an Ordinance Adopting the Capital Facilities Plan (CFP) for the Six Year Period 1999-2004 by Adding the Ben Root Skate Park as an Additional Project". Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Sizemore, and Brown. Motion carried. Consent Agenda Mr. Brown moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items. Vote: Ayes — Rock, Carlisle, Sizemore, Brown, and Mr. Christiansen. Abstain: Mrs. Robinette. Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on January 21, 1999 and January 28, 1999 are approved for payment as of this date, February 1, 1999. Council vote was unanimous. Claims Warrants Feb, 1999: Warrant Numbers 1154 through 1335 in the total amount of $329,794.61 Prewritten Claims Jan, 1999: Warrant Numbers 967,971-972 in the total amount of $1,377.12 Prewritten Claims Dec, 1998 Warrant Numbers 970, 973 in the total amount of $5,014.92 Draw Pavroll Jan, 1999 Warrant Numbers 13830 through 13884 in the total amount of $29,445.43 Council cancelled Warrant No. 882 in the amount of $64.68 Council confirmed the appointment of Mr. John Conlee to the Library Board of Trustees. Closed Record Meetina — Conditional Use Permit — Two (2) Four-plexes at 22"d Street and "I" Avenue Mayor Maxwell initiated the Closed Record meeting on a Conditional Use application submitted by Lakota, Inc. for the construction of two four-plexes and the removal of two duplexes at 22nd Street and "I" Avenue. Mr. Ian Munce, Planning Director, addressing procedural issues, explained that the Planning Commission held a public hearing on this matter. Transcripts of that hearing, meeting minutes and all exhibits have been forwarded to Council together with the February 1, 1999 - continued Commission's recommendation to approve the application subject to conditions. Reading from the Zoning Ordinance, Mr. Munce explained that this zone is designed to accommodate a mix of single family, duplexes, and multi -family residences up to a four-plex. Mr. Munce then used an overhead display to point out the project location in relationship to other community facilities and traffic arterials. The surrounding neighbors expressed concern that the existing single -story, residential neighborhood would be negatively impacted by this project, and that a through alley would provide for particularly troublesome traffic problems. In summary, Mr. Munce said that the recommended conditions reflect these neighborhood concerns, i.e., the structures shall not exceed 29' in height. No appeals were filed. Questions followed from Council regarding alley access, hearing process including ability of Council to make an independent determination and to modify Commission recommendations, and parking on 22nd Street. Following discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the Conditional Use application subject to the conditions recommended by the Planning Commission. Mr. Rock addressed the impact this project would have on the neighborhood. Vote: Ayes — Rock, Carlisle, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Agreement on Watershed Planning: Resolution speak to our interests as to guantity and uali Mr. Ian Munce, Planning Director, summarized the proposal before Council. Mr. Munce explained that the existing Coordinated Water System Supply Plan of Skagit County, which allows jurisdictions to establish service areas throughout Skagit County will not be affected by the Agreement now before the Council. Neither does it affect those established service areas, the existing Memorandum of Agreement between the City of Anacortes and PUD, or ongoing instream flow studies. The current Governor's initiative encourages jurisdictions to build on existing watershed work and to go beyond instream flows to address water quality and watershed protection issues. Mr. Munce said that there are three watersheds that affect Skagit County. The Agreement now before Council would ensure that Anacortes is one of the initiating governments that would assist in the development process. The Mayor has worked with the City of Mt. Vernon to highlight the involvement of the City of Anacortes. The agreement before Council includes Anacortes as one of the initiating governments and includes tribal participation. At the conclusion of the staff summary, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Resolution No. 1496 entitled "Authorizing a Memorandum of Agreement Regarding Tribal Participation in Washington State Water Resources and Watershed Management Program". Vote: Ayes — Carlisle, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. There being no further business, at approximately 8:30 p.m. Mayor Maxwell adjourned the meeting. G ge Klian, City Clerk -Treasurer H. Dean Maxwell, Mayo} OCouncilmember 1439 February 16, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of February 16, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Brown moved, seconded by Mr. Rock, that the minutes of February 1, 1999 be approved as if read. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Abstain: Petrish. Motion carried. Citizen Hearings Reading from a letter to the Mayor and City Council Ms. LaRue, 3419 M Avenue discussed the sidewalk improvement project on "M" Avenue south from 32nd Street to 41St Street. Ms. LaRue reviewed the steep grade at various locations along the project area including her own driveway. Because of the downward slope of the land a grade will be created that could potentially cause vehicle damage. Also, Ms. LaRue asked why the newly installed curb cuts and wheelchair ramps on 33rd, 34th and 35th Streets were replaced. The Mayor said he would review this matter with the Director of Public Works. Mr. Carlisle suggested employing the method used to correct a similar situation at 13th Street and "D" Avenue. Mavor/Council Communication None. Skate Park Communitv Service Work Contract Approval Mr. Gary Robinson, Director of Parks and Recreation, presented a Community Service Work Contract for Council review and approval. The contract outlines an agreement between the City of Anacortes and the Anacortes Parks Foundation for the construction of the Ben Root Skate Park at Alice Newland Park. Mr. Christiansen moved, seconded by Mr. Brown, to authorize the Mayor to enter into this Contract. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Residential Parkinq Ordinance Mayor Maxwell introduced an Ordinance to Council for review and approval. Previously considered by the Council in Study Session, this Ordinance, a citizens initiative, addresses parking restrictions in areas surrounding the Anacortes High School. Generally, the Ordinance limits parking to one hour between the hours of 7:00 a.m. and 3:00 p.m. on days when the High School is in session. Discussion with the City Attorney followed regarding implementation of this Ordinance before the end of this school year. Mr. Rock expressed concern regarding the implementation process. Mr. Gary Wargo, representing the Anacortes Scholl District, said that the parking situation would probably be relieved with a future proposal for 120 parking stalls. Police Chief King discussed enforcement issues. After deliberation, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2486 entitled "An Ordinance of the City of Anacortes Establishing Residential Parking Zones within the City." Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Consent Aqenda Mr. Carlisle moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Ai)Droval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 4, 1999 and February 11, 1999 are approved for payment as of this date, February 16, 1999. Council vote was unanimous. Claims Warrants Feb, 1999: Warrant Numbers 1339 through 1523 in the total amount of $281,998.04 Payroll Jan, 1999 Warrant Numbers 13885 through 14021 in the total amount of $304,175 Council adopted Resolution No. 1497 entitled "Resolution Amending Resolution No. 1463, dated February 2, 1998 by Adjusting Various Petty Cash and Change Funds." Council adopted Findings of Fact and Conclusions of Law regarding the Conditional Use Permit for two fourplexes at 22nd Street and "I" Avenue in the R 3 Zone. Closed Record Meetinq — Preliminary Plat — Rosewinds Mayor Maxwell announced that the Closed Record review of the Rosewinds Preliminary Plat application has been continued to March 1, 1999. Wilmoor Short Plat: Appeal — 2215 41st Street Magor Maxwell announced that a site visit has been scheduled for March 1, 1999 at 3:00 p.m. at 2215 41s Street. The site visit is to be held in conjunction with an appeal of the Subdivision Administrators' decision to approve an 8 -lot short plat at 2215 41st Street. The Council will then hear the appeal at the regularly scheduled 7:30 p.m. Council Meeting on the evening of March 1st. February 16, 1999 - continued DNR Lease: Fidalqo Bav Mr. Ian Munce, Planning Director, provided background information on a 5 -acre piece of property owned by the State of Washington north of 28th street at the waterfront. There are two water -dependent proposals for this property, one from the Port of Anacortes and the other from MJB properties. With regard to these proposals the City has been discussing writing a letter of recommendation to the Department of Natural Resources. Mr. Munce then reviewed the recommended criteria for DNR's use in the decision making process. On a question from Council Mr. Munce said that the MJB phase I proposal does not impact existing eelgrass beds. However, the Port proposal, tied to possible expansion of Fidalgo Boat Yard, has not provided the necessary detailed engineering work to determine whether or not the Port's project meets or exceeds the % acre threshold. Mrs. Robinette submitted an amendment to the Director's draft letter to DNR. Mr. Munce then reported that this matter would be brought back to Council on March 1 St for review and approval. Bankina Services Bids Mr. George Khtaian, Finance Director, presented this item to Council. Mr. Khtaian explained that four local commercial banks responded to the call for bids for the renewal of the current banking contract with the City. Low bid was received from Skagit State Bank and Mr. Khtaian recommended that the Mayor and City Clerk -Treasurer be authorized to sign the contract on behalf of the City. Mr. Sizemore so moved, seconded by Mr. Carlisle. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Interlocal Aareement: Purchase Front Load Garbage Truck Mr. Jim Pemberton, Director of Public Works, presented a request to Council for approval of the purchase of a new front load garbage truck. Staff recommends the purchase of the vehicle though an interlocal agreement with the City of Mt. Vernon. Mr. Pemberton gave a detailed description of the vehicle and also described the financial impact and impact to the crew from the purchase of this 3'd front -load truck. Mr. Sizemore offered that used vehicles might be available through auction. Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the purchase of a new front load garage through an interlocal agreement with the City of Mt. Vernon. The motion is made subject to a review of the previously referenced used vehicles. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Award of Contract: Chlorine. Pump Installation - WWTP Mr. Jim Pemberton, Director of Public Works, explained that the request before Council is for the upgrade of the equipment at the wastewater treatment plant with an automated chlorine feed rate control. Bids were received with the low bid from Total Western, Inc. in the amount of $9,386.45. Mr. Christiansen moved, seconded by Mr. Brown, to accept the low bid from Total Western, Inc. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Authorization to Advertise for Bids: Public Works Protects Mr. Dave Lervik, City Engineer, presented a list of proposed Public Works projects for 1999. Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the Public Works projects as outlined in a February 11, 1999 Memorandum from Mr. Lervik to the Mayor and Council. On a question from Mrs. Robinette, Mr. Lervik reported on the "Q" Avenue reconstruction project and described the grant process. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Ordinance: Condemnation on Waterline Easements Mr. Jim Pemberton, Director of Public Works, reported that the proposed Ordinance authorizing the City to being the condemnation process on those easements needed for the waterline replacement project between LaConner/Whitney Road and Swinomish slough is not available at this time. The Ordinance together with draft correspondence will be brought to Council at the March 1 St meeting. Executive Session At approximately 8:30 p.m. Mayor Maxwell announced that the Council would reconvene in Executive Session for 30 minutes to discuss property disposition. At approximately 9:00 p.m. the Council reconvened and without taking any further action continued this meeting to Monday, March 1, 1999 at 3:00 p.m., 2215 41St Street for a site visit. 7/. Ao, 74k,� GFge Khtan, City Cle k -Treasurer H. Dean M ell, Mayor Councilmember 144 : March 1, 1999 At approximately 3:00 p.m. Mayor Maxwell reconvened the continued meeting of February 16, 1999. A site visit was conducted in conjunction with an appeal of the tentative approval of an 8 - lot short plat at 2215 41St Street. Councilmembers, applicants, and appellants were in attendance. No new testimony was taken and at approximately 3:30 the site visit concluded. The Mayor then adjourned the continued meeting of February 16, 1999. At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of March 1, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Ken Brown. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Petrish, that the minutes of February 16, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication None. Washinaton Park Policies Mr. Gary Robinson, Director of Parks and Recreation, presented the Council with new Washington Park Policies. Previously reviewed in Study Sessions, the document now before Council reflects changes recommended by Council. Mr. Petrish asked for clarification on bicycles/Loop Road uses. Mrs. Robinette suggested that, in the future, recommended policies for "group parking" and "commercial use of the boat ramp" be brought before the Council for consideration. Mr. Carlisle suggested the installation of a sign with bicycle travel requirements. Discussion followed regarding disabled boat trailer parking. Mr. Carlisle recommended that two parking stalls be designated specifically for use with disabled parking permits. After discussion, Mr. Carlisle moved, seconded by Mr. Rock, to approve the Washington Park Policies as amended. Vote: Ayes — Sizemore, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. --------------------------------------------------------------------------------------------------------------------------- i Consent Agenda Mr. Carlisle moved, seconded by Mr. Christiansen, to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore . Motion carried. Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 18, 1999 and February 23, 1999 are approved for payment as of this date, March 1, 1999. Council vote was unanimous. Claims Warrants Mar, 1999: Warrant Numbers 1527 through 1742 in the total amount of $416,558.31 rrewraxen uiaims Feb, 1999 Warrant Numbers 1150-1152, 1336-1337 in the total amount of $6,332.14 Draw Pavroll Feb, 1999 Warrant Numbers 14022 through 14076 in the total amount of $29,878.80 Council adopted Resolution No. 1498 setting the Public Hearing date on a Petition to Vacate a portion of the alley in Block 56, Anacortes Original Council adopted Resolution No. 1499 setting the Public Hearing date on a Petition to vacate a portion of 2nd Street, 1st plat of Ship Harbor. Closed Record Meetina — Preliminary Plat — Rosewinds Mayor Maxwell initiated the Closed Record Review of the Rosewinds Preliminary Plat application submitted by Vintage Investment for a 30 -lot subdivision on 7.87 acres northeast of the intersection of 41St Street and "H" Avenue. The Mayor first introduced the Planning Director, Mr. Ian Munce. Mr. Munce listed the complete set of materials forwarded to Council for review of this application; materials included meeting transcripts, minutes, correspondence from neighbors, wetland delineation, and a detailed site plan. Using an overhead display, Mr. Munce pointed out the project site and surrounding properties. An extensive staff review was made of this proposal relative to connecting through streets where reasonable and practical. In that regard staff recommended that the proposed 39th street be connected through to "J" Avenue as March 1, 1999 - continued part of the plat. This became the major discussion point during the Planning Commission public hearing. The major features of the plat are the two flag lots, Lots 21 and 22, conditions regarding wetland buffer, and detention pond design. The Planning Commission vote on the through street connection was split 3-3 with full development of 39th street versus bike/pedestrian path. The recommendation from the Planning Commission is approval of the project subject to 21 conditions. Mrs. Robinette inquired as to site data gathered during summer months. Mr. Munce explained that there are valid scientific reasons for conducting soils testing during the summer with regard to vegetation and soils. On questions from Council Mr. Munce explained that the detention pond will be engineered through final design process using the City's stormwater ordinance requirements. At the conclusion of the Council discussion Mr. Christiansen moved, seconded by Mr. Sizemore, that the Rosewind Preliminary Plat be approved subject to the 21 conditions recommended by the Planning Commission and with the proviso that the only connection to 39th Street shall be a bicycle/pedestrian path with approximately 6' of hard surface. Mr. Rock and Mr. Petrish both concurred with the motion. Mrs. Robinette submitted a proposed rewording of Condition # 10 suggesting that the applicant submit a more comprehensive stormwater analysis. Mrs. Robinette then spoke in favor of connecting streets and proposed a street with an island design to slow traffic. Mr. Christiansen pointed out that the neighboring subdivision was built with small lots, narrow streets and one -car garages thereby making a connection unreasonable. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Christiansen. No — Robinette. Motion carried. Mrs. Robinette then moved, seconded by Mr. Rock, that Condition # 10 be amended to read: "Proponent shall develop a detailed Hydrological Study, carried out with field work during the wet winter season, to further delineate winter water table, nature of artesian sources and water flows, nature of perched water table as it would affect foundations and drainage from each site. During development of the Large Parcel Stormwater Management Plan, in accord with Ordinance # 2441, proponent will define for the approval of the City Engineer specifically how downstream property owners will be protected, how the detention will be handled and what restrictions will be placed on home foundation and drainage ditch design to assure a year round livable neighborhood with no surprises for home buyers (sump pumps necessary, etc.). This Preliminary Plat may be revised to meet required conditions. The Hydrology Study and Stormwater Management Plan will be approved by the City Engineer and completed before final plat is approved." Vote: Ayes — Rock, Christiansen, Robinette. No — Carlisle, Petrish, Sizemore. Faced with a tie -vote, Mayor Maxwell cast an "aye" vote for the motion. Motion carried. Wilmoor Short Plat: Appeal — 2215 41st Street Mayor Maxwell announced that a 3:00 p.m. site visit was conducted at 2215 41st Street. The site visit was held in conjunction with an appeal of the Subdivision Administrators' decision to approve an 8 -lot short plat at 2215 41st Street. The applicant is Wilmoor Development. The Planning Director, Mr. Ian Munce, discussed the procedural review of the short plat process. Short Plat approval, made at the administrative level, can be appealed to the City Council. Two appeals were filed. The project is for an 8 -lot short plat in the R 1 zone with 15,000 square foot minimum lots. Dr. Stephen J. Miller, 4303 E Avenue, appellant, spoke first. Dr. Miller presented detailed description of the drainage problems in his neighborhood located "downstream" from the Wilmoor project. He briefly described the traffic/pedestrian situation on 41St Street. He also suggested that the drywell proposed will not adequately handle drainage. Both issues were the basis for his appeal. Mr. Bob Ford, 4305 E Avenue, also submitted an appeal. Mr. Ford described hazardous traffic speed/sight visibility on 41st Street and the effect of water runoff on Mr. Ford's neighborhood. Mr. Greg Wilson, Wilmoor Corporation, stated that with the required City improvements the project access meets safety guidelines. Mr. Wilson added that he agreed to participate as a property owner in working on the existing drainage problems in the area. Mr. Wilson suggested that his project would have a positive impact on downstream property. Mr. Dale Herrigstad, project engineer, using an overhead display, showed drainage breaks in the property before and after development. Mr. Herrigstad also described soils tests taken in the dry well area. Based on the proposed improvements the site will drain to the detention pond, to the 41St Street improved drainage ditch, and to the interceptor drain/dry well. Mr. Petrish discussed the site distance at the entrance to the project, and discussed the impact to the existing neighborhood. Detailed discussion followed regarding soil conditions and drainage mitigation. Mr. Ted Parrish, 2215 41st Street, stated that the proposed project entrance would be safer than the existing driveway onto 41 st Street. Having heard from the appellants and applicants, Council then discussed how the applicant would have to accomplish each of the proposed improvements through the detailed review and approval of the Public Works Department. Mr. Christiansen said that an alternative should be 1443 March 1, 1999 - continued developed if the proposed dry well does not function as suggested. Mr. Sizemore emphasized the traffic safety issues and drainage. Mr. Rock discussed the effects of directing flow from the curtain drain to a single point. After discussion Mr. Carlisle moved, seconded by Mr. Petrish, to deny the appeals. Vote: Ayes — Carlisle, Petrish, Sizemore, Christiansen, and Robinette. No — Rock. Motion carried. Letter to DNR on South Dock Lease Proposals Mr. Ian Munce, Planning Director, suggested that this item be brought forward as an action item at the March 8, 1999 Council meeting. Mrs. Robinette distributed a March 1, 1999 memorandum outlining 3 recommendations. Mr. Christiansen moved to table this item to March Stn Mr. Rock seconded the motion and Council vote was unanimous. Ordinance: Establishina the Implementation Date for Monthly Stormwater User Fees in the March 1999 Annexation Area Mr. Ian Munce, Planning Director, presented this Ordinance to Council. Mr. Munce discussed the detailed tasks necessary to accomplish implementation of the March 1St annexation. One such detail is to develop a list of programs together with an implementation plan for stormwater improvements to the South March Point Area. The Ordinance before Council would initiate a 3 - year waiting period for establishing monthly stormwater user fees in the annexation area so that the programs can be developed. Mr. Carlisle suggested that the effective date of the Ordinance shall be 3/2/99 until 3/1/02. With that Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2487. Vote: Ayes — Sizemore, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Contract with HDR for March Point Sewers Mr. Ian Munce, Planning Director, presented a contract for Council review and approval. The contract between the City and HDR Engineering, Inc. is for professional engineering services for March Point sewer service. Mr. Munce described the upcoming annexation activities that will require a completed sewer system design; those activities include grant and loan funding for capital construction, coordinating design of sewer lines relative to the new 36" water line, and the opportunity for property owners to design their side sewer connections and sign hook-up agreements with the City. Monies for the project will come from revenue from the annexed area. Mr. Rock questioned the $456,000 project costs. Mr. Dave Lervik, City Engineer, explained the expertise required in the design of this project. Mr. Carlisle asked that new City limits signs be installed. After discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to authorize the Mayor to enter into the contract with HDR Engineering, Inc. for design of the March Point sewer service. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Water Treatment Plant Y21K Emeraencv Generator Mr. Ed Capasso, Plant Manager, presented this request to Council. Mr. Capasso explained that the plant now has a 480 -volt generator that provides flood protection only for the Plant. The request before Council is for a 4,160 volts that will provide an average day's production of water. This action would be part of the plant contingency plan for Y2K. Discussion followed regarding the City's preparation with the refineries and water contract users for continued electrical services during Y2K. Mr. Sizemore moved, seconded by Mrs. Robinette, to execute an agreement with NC Machinery for a standby generator for the Water Treatment Plant for the Y2K event. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Christiansen. Motion carried. Street Sweeper Purchase _ Mr. Doug Terry, Maintenance Supervisor, presented a request to Council for the replacement of the current street sweeper. Mr. Terry described the Tymco Regenerative Air Sweeper, a sweeper with a design superior to the vacuum currently operated by the City. Discussion followed regarding sales tax computation. Mr. Terry explained that the old sweeper will be sold. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the interlocal agreement with the City of Walla Walla and to authorize the purchase of the sweeper based on the letter of confirmation from Clyde West. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Christiansen, and Robinette. Motion carried. Resolution — Authorizina Condemnation Action — 36" Water Transmission Line Mayor Maxwell presented a Resolution to Council that would authorize condemnation action to be initiated against certain lands for failure of negotiations for that project commonly referred to as 36" water transmission line. Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Resolution No. 1500. Vote: Ayes — Carlisle, Petrish, Sizemore, Christiansen, Robinette, and Rock. Motion carried. March 1, 1999 - continued 1444 At approximately 10:30 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, March 8, 1999 at 7:30 p.m. /eorgeaian, City Clerk -Treasurer HAD n Maxwell, Mayo( ` Councilmember Continued Meeting of March 1, 1999 -- March 8, 1999 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Mayor Maxwell introduced a draft letter that he had proposed to send on behalf of the City to the State Department of Natural Resources relative to the DNR property located on Fidalgo Bay at approximately 28th Street. It was noted that both the Port of Anacortes and MJB Properties had submitted competing applications to the State Department of Natural Resources. The Council then reviewed the February 4, 1999 draft letter together with Attachments A -D. Mayor Maxwell requested that the Council defer action on this matter until he had had an opportunity to discuss the issues involved with Ms. Jennifer Belcher, Commissioner of Public Lands, at a meeting scheduled for March 16, 1999. After discussion, Ms. Robinette moved that the Council table the matter until the next City Council meeting after March 16. The motion was seconded by Mr. Rock. Vote: Ayes — Robinette, Rock. No — Petrish, Christiansen, Sizemore, Brown, and Carlisle. After further discussion, Mr. Carlisle moved that the City Council send the letter as presented with the addition of a recommendation paragraph that reads as follows: "The Anacortes City Council, during a regular meeting on March 8, 1999, expressed its strong support for the lease application submitted by MJB Properties and urges you to conclude your deliberations in their favor as quickly as possible. In addition, we encourage you to approve MJB's proposal to place fill on 60 acres of Fidalgo Bay to enhance the existing Fidalgo Bay eelgrass mitigation project. Please consider the above as the official position of the City of Anacortes." This motion was seconded by Mr. Petrish. Vote: Ayes — Petrish, Christiansen, Sizemore, Brown, and Carlisle. No — Robinette, Rock. Mayor Maxwell declined to sign the letter and it was agreed that the letter would go forth under Mayor Pro-Tem's signature. The meeting adjourned at approximately 8:30 p.m. Geo g htaia, City Clerk- reasurer Councilmember 'tAJA6.:M� H. Dean Maxwell, May9( 1445 March 15, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of March 15, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Christiansen, that the minutes of March 1, 1999 and March 8, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell read a Proclamation proclaiming March 18, 1999 as Absolutely Incredible Kid Day in the City of Anacortes. The Proclamation commended the Camp Fire Boys and Girls for the valuable programs offered to young people in the City of Anacortes. Mr. Christiansen spoke to the hazards for pedestrians crossing Commercial at approximately 16th Street. He urged both drivers and pedestrians to exercise caution at all intersections and street crossings. Mrs. Robinette reported on meeting held with the Museum Foundation to discuss the preservation of historic buildings in Anacortes. While the Foundation is proposing long-range projects, Mrs. Robinette suggested in a letter to the Foundation that steps could be taken now to highlight this issue. Her suggestions included honoring the people already using the historic buildings and encouraging the use of nameplates identifying eligible homes. The Mayor reported that a survey will be conducted of those buildings 50 years and older to determine the owner level of interest in a preservation program. Mr. Petrish offered that a map exists identifying historic buildings. Water Treatment Plant (Y2K) Standbv Generator Mr. Jim Pemberton, Director of Public Works, referred to action previously taken by Council for the lease of a standby generator for the Water Treatment Plant to provide emergency backup during the Y2K transition. Additionally, the City is responsible for the setup, testing, and wiring of this generator. In that regard the proposal before Council, from Apparatus Service & Engineering Technology, Inc. (ASET), is to furnish those services needed to make the power generation operational. ASET will provide this scope of work in the amount of $15,000. Discussion followed regarding project costs. Mr. Christiansen moved, seconded by Mr. Brown, to approve the expenditure. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Stormwater Rate Ordinance Mr. Jim Pemberton, Director of Public Works, presented an Ordinance to Council establishing a storm and sewer surface water utility including a system of charges, billing and collection. The Ordinance has been developed over time in Council Study Sessions. Mrs. Robinette recommended that the words "since the effective date of this ordinance." be deleted from Section 1.9, definition, Undeveloped Parcel. Mrs. Robinette further recommended that in Section 2, System of Charges, 2.2 [c] be amended to include language that each duplex be assessed one ISU per month per unit. Mr. Pemberton asked that before such action is taken, time be allowed for staff and Public Works Advisory Board to review the existing duplex water and sewer rate structure. Mr. Christiansen then discussed the appeal process in Section 7. He suggested that appeals should be heard and decided by Council. The Mayor offered that the Storm and Surface Water Hearings Board hear all appeals and then make a recommendation to Council for final action. Lengthy discussion followed regarding the development of a monthly user fee and the use of funds generated by the rate increase. Mr. Pemberton described the benefits already experienced by the community as a result of the improved drainage facility system. He reported that flooding has been reduced, property damage has decreased, and new standards for development have been implemented. With that, Mr. Rock moved, seconded by Mrs. Robinette, that Ordinance No. 2488 be adopted subject to amendments to Section 1.9, Section 7, and Section 2.2 [b] "The minimum monthly fee shall be $3.00/ISU, and shall..." Vote: Ayes — Brown, Christiansen, Robinette, Rock, Petrish, and Sizemore. No — Carlisle. Motion carried. Concession Aareement: Volunteer Park - Scoreboard Mayor Maxwell summarized this issue for the Council and audience. Proposals from Pepsi and Coke were presented regarding a concession agreement for Volunteer Park. The proposals contain provisions for a scoreboard, product, term, contributions for facility improvements, and advertising. Mr. Tony Tappin, Walton Beverage Co., answered questions regarding the Pepsi March 15, 1999 - continued proposal. Mr. Carlisle discussed the differences in product costs. Discussion followed regarding the School District contract with Coke and slots for advertisements on the scoreboard. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to approve the 3 -year contract with Walton Beverage Co. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, and Petrish. No — Sizemore, Brown. Motion carried. ---------------------------------------------------------------------------------------------------------------------------- Consent Aqenda Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 4, 1999 and March 11, 1999 are approved for payment as of this date, March 15, 1999. Council vote was unanimous. Claims Warrants Mar, 1999: Warrant Numbers 1746 through 1928 in the total amount of $273,720.10 Payroll Feb, 1999 Warrant Numbers 14077 through 14214 in the total amount of $303,059.26 Council adopted Findings of Fact and Conclusions of Law for the Rosewinds Preliminary Plat. ------------------------------------------------------------------------------------------------------------------------- Closed Record Meeting — Conditional Use Application - Quarry Mayor Maxwell announced that the Closed Record Meeting for the Anacortes Parks Department Conditional Use Application for the Quarry has been continued to Monday, April 19, 1999. CERB Application: Authorization Mr. Ian Munce, Planning Director, presented a Resolution to Council that would authorize an application to the Community Economic Development Board for the South March Point Sewer project. Mr. Munce explained that the funding request was for an up -to $500,000 grant for water quality improvement and economic development purposes, and for a low-interest loan in the amount of $500,000. Pointing out that Council has extensively reviewed this matter in Study Session, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Resolution No. 1501. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Forward Possible 1999 Zoninq Amendments to Planninq Commission Mr. Ian Munce, Planning Director, reported that several items have been submitted as potential amendments to the Zoning and Comprehensive Plans. In particular, Mr. Munce highlighted a recent Council discussion regarding surplus of City cemetery property. In that regard Mr. Munce requested that Council consider clarifying Section 17.26.020(2) of the zoning code "Single family residential units will be permitted only on property contained in the public use district that is in private ownership on November 18, 1991.). The suggestion is that the restriction applies only to City forest and park lands that are located in the Public Use District. Mr. Brown moved, seconded by Mr. Sizemore, to move this issue forward to the Planning Commission for inclusion in the zoning/comprehensive plan annual review and update. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Police Patrol Boat Replacement Motor Mayor Maxwell introduced a request to Council for permission to enter into an interlocal agreement with Whatcom County for the purchase of a replacement motor for the Police Patrol Boat. By way of background, Mr. Sizemore, on behalf of the Public Safety Committee, presented a description of the last 8 years of service from the Police Patrol Boat. He explained that the City has a boat program in place certified by the State of Washington. This status requires participation in certain educational and community programs. Mr. Sizemore also outlined the numerous functions of the marine patrol unit; particular emphasis was given to staffing, training, new policies and procedures, public education, and care and maintenance of the boat. Mr. Sizemore then discussed the motor and attached warranty. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to authorize the Mayor to enter into the interlocal agreement with Whatcom County for the purchase of a Police Patrol Boat replacement motor. Police Chief King answered questions about man-hours dedicated to the patrol boat, boat response time, firefighting capabilities, and maintenance schedule for the boat including engine flushing. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. 1447 March 15, 1999 - continued At approximately 9:40 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, March 22, 1999 at 7:30 p.m. in order to review IFIM results — minimum flows for the Skagit River. Zorge7taLian,<00y' rk-Treasurer H. Dean Maxwell, Mayor C�Ou ?ilmlber Continued Meeting of March 15, 1999 -- March 22, 1999 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll Call found present: Councilmembers Bud Rock, Nick Petrish, Terry Christiansen, Ray Sizemore, and Ken Brown. Absent: Jeanne Robinette and Bill Carlisle. Mayor Maxwell introduced Mr. Pete Rittmueller from Duke Engineering Services to review progress on the in -stream flow study that the City of Anacortes was conducting jointly with the Skagit PUD pursuant to their Memorandum of Agreement with state agencies, the County, and Tribal governments. After questions from the Council and discussion, Mr. Pemberton, City Public Works Director, recommended that the Council accept the study and authorize City staff to support the Washington State Department of Ecology's rule making to establish in -stream flows in the lower Skagit River as currently recommended. It was pointed out that establishing the in -stream flow would permit the City and the State Department of Ecology to complete the paperwork necessary to confirm the City's water rights. Additionally, it was noted that for considerable portions of the year the existing in -stream flows were needed for habitat and would, accordingly, not be readily available for major new withdrawals. Mr. Christiansen moved that the City Council approve staff moving forward with setting the in -stream flow as presented. The motion was seconded by Mr. Brown. Vote: Ayes — Rock, Petrish, Christiansen, Sizemore, and Brown. The motion carried. The meeting adjourned at approximately 8:30 p.m. A Ge a Kht . n, City Clerk -Treasurer n 49/r • W. - - Councilmember April 5, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of April 5, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Ray Sizemore. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Brown moved, seconded by Mr. Rock, that the minutes of March 15, 1999 and March 22, 1999 be approved as if read. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, and Rock.. Abstain: Carlisle. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell announced that a $1.4 million grant was awarded to the City of Anacortes from the Transportation Improvement Board. The funds are earmarked for the for "Q" and "R" Avenue reconstruction project from 11th Street to 22nd Street. This reconstruction plan was one of the three Western Washington projects chosen as a grant recipient. The Mayor then expressed appreciation for the funding and for the Engineering Department's preparation of the grant application. The Mayor then referenced a dialogue held last week with the Commissioner of Public Lands, Ms. Jennifer Belcher, regarding the City's Fidalgo Bay Plan. Generally supportive of the Plan and the City's 6 -acre mitigation process, Ms. Belcher reported that credits will not automatically be assigned for the 6 -acre mitigation proposed but the City can move forward to the next step in the Fidalgo Bay Plan process. The Mayor thanked Mrs. Robinette for her efforts as Chair of the Fidalgo Bay Committee. Mr. Petrish asked why the tracks were removed along Q Avenue in the generally vicinity of 15th Street. The Mayor reported that in order to accommodate Sun Healthcare Systems project improvements at that general location the rails need to be removed. Mr. Petrish also announced that he will be stepping down from participation in the Alley Vacation Public Hearing, agenda item 7c. Mrs. Robinette reported that April is the last month for any design changes to the "Q" Avenue widening project. Regarding the community use of the Burlington Northern corridor along "Q" Avenue (including a tourist train), all interested citizens are invited to attend a meeting on April 15, 1999 7:00 p.m., Fidalgo Center, to discuss the potential uses of this corridor. Mr. Brown asked the Mayor for a Skate Park update. The Mayor reported that the majority of the funding is available with a projected mid -summer completion date. Filter Media Replacement Project for Water Treatment Plant: Bid Award Mr. Jim Pemberton, Director of Public Works, summarized activity centered on the City's 1992 filter media pilot study to see if the water treatment plant capacity could be increased hydraulically without making structural changes. Referencing a March 29, 1999 Memorandum from William LaRue, Project Manager, Mr. Pemberton said that the proposal now before Council is the segment of the project that includes media replacement in filters 2, 4, and 6 as well as structural coating. Diamaco, Inc., Bellevue, submitted the low bid for this project in the amount of $115,765.34. Mr. Christiansen moved, seconded by Mr. Brown, to award the bid to Diamaco, Inc. Vote: Ayes — Christiansen, Brown, Robinette, Rock, Carlisle, and Petrish. Motion carried. Library Consultant. Mr. David Smith. Library Update Mr. Doug Everhart, Library Director, introduced Mr. David Smith, Library Consultant. Mr. Smith then presented a summary of the Library Building Program Detail. Using a series of overheads, Mr. Smith highlighted the building program (nearly completed) and architect selection process. Six architectural firms will be interviewed and a recommendation will be presented to the Library Board and Council for approval. The next phase is the schematic and cost estimate phase concluding with a fund drive in May of 2000. Construction is to be complete in February of 2002. In response to a question from Mr. Petrish, Mr. Everhart named the selection committee members and explained that the Architect Selection Committee and the Building Program Committee are part of the larger Library Building Advisory Committee which provides recommendations to the Library Board. Mr. Rock asked for a list of the 6 architects selected for interview. Mr. Smith pointed out that the selection process is open to observers. Detailed assessments were discussed and an illustration of spaces planned for the library building was made available. Documentation will be completed soon. Mr. Christiansen asked if operation and maintenance costs were factored in to the overall costs. Total project costs could reach $6,000,000. With regard to site acquisition, property adjacent to the Library could serve parking 14 q8 April 5, 1999 -continued and expansion needs. The existing children's park has not been relocated. In conclusion, Mr. Smith suggested that this building will serve the community for many decades to come. ----------------------------------------------------------------------------------------------------------------------------- Consent Agenda Mr. Brown moved, seconded by Mr. Petrish, to approve the following Consent Agenda items. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 18, 1999, March 25, 1999 and April 1, 1999 are approved for payment as of this date, April 5, 1999. Council vote was unanimous. Claims Warrants Apr, 1999: Warrant Numbers 1940 through 2174 in the total amount of $371,037.30 Prewritten Claims Mar, 1999 Warrant Numbers 1338, 1524-1526, 1743-1745, 1929-1934 in the total amount of $38,739.08 Payroll Mar, 1999 Warrant Numbers 14270 through 14412 in the total amount of $357,281.99 Council cancelled three warrants: Warrant # 985 in the amount of $48.00; Warrant # 14153 in the amount of $549.34; and Warrant # 832 in the amount of $51.90 --------------------------------------------------------------------------------------------------------------------------- Closed Record Meetina — Conditional Use Application — Western Wireless Mayor Maxwell announced that the Closed Record Meeting for the Western Wireless Conditional Use application has been continued to Monday, May 3, 1999. Mr. Ian Munce, Planning Director, explained to Council and audience that the site was donated to the City by the local Kiwanis Club for a wide range of public benefits including advantages to the Park System. Mr. Munce then referred to reversionary language in the land transfer deed; subsequent to this action the City entered into a lease with Puget Sound Energy . Terms in lease govern the site at the top of Mt. Erie. The Kiwanis Club is active in protecting community's interest in the existing site and how is it operated. The Kiwanis Club will be providing a detailed chronological history of the site together with additional information necessary to make future decisions about the site. Once that information is available the City Attorney will correspond with PSE staff, will meet again with the Kiwanis, and will bring a recommendation back to Council. Western Wireless is currently operating at the Mt. Erie on a temporary permit. Closed Record Meetina — Bed & Breakfast Conditional Use — Cline — 21st Street Mr. Ian Munce, Planning Director, presented an overhead showing the location of the proposed Bed & Breakfast (B&B) on 21St Street. Mr. Munce then explained the land use permit process. A Public Hearing was held by the Planning Commission; transcripts of that meeting, letters both in favor and in opposition of the project, and Planning Commission recommendation for approval with a series of conditions were forwarded to the Council. The conditions focused on how the B&B could better fit within the neighborhood. Mr. Munce pointed out that there are approximately 10 Bed & Breakfasts operating in Anacortes; this proposal involves a new structure proposed to be built to include accommodations for a Bed & Breakfast facility. The general sense after the Public Hearing was that this proposal would not be a highly intrusive activity. Mr. Petrish began the discussion of neighborhood integrity expressing concern that approval of this application would encourage this type of building in other neighborhoods. He asked what other uses this house could be put to; Mr. Munce responded with child care and adult family homes that meet certain specifications. Mr. Munce pointed out that by Ordinance the owner is required to live on the premises. Mrs. Robinette inquired about future development of "C" Avenue and suggested that a letter of non -opposition to an LID be required. She also had questions about the building dimensions. On a question from Mr. Brown, Mr. Munce clarified that each B&B application is reviewed on a case-by-case basis. Mr. Carlisle questioned the economic feasibility of this proposal. Mr. Christiansen suggested that this project is a small hotel in a residential setting and expressed concern that approval would set a precedent on similar activity. At the end of the discussion, Mr. Carlisle moved, seconded by Mr. Petrish, to deny the application. On a question from Mr. Christiansen, the City Attorney explained that each B&B application is reviewed on its face would not set any binding legal precedent by action on this application. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Brown. Motion carried. April 5, 1999 - continued Public Hearing: Allev Vacation — Wixson — Block 56, Anacortes Oriqinal Mr. Petrish left the Council Chambers. The Mayor then opened the Public Hearing to review and discuss a Petition to Vacate the alley in Block 56 for the purpose of expanding Chandler's Square to provide contiguous access to and from the existing facility to the new building. The property is generally located at the intersection of 12th Street and "O" Avenue. Mr. Pemberton then directed Council to a memorandum from the Building Official recapping the Board of Adjustment's recommendation to deny the Petition. There is a sanitary sewer line in the alley between "N" and "O" Avenues. The Council also received copies of the Petition, letters, and drawings with regard to this project. Mr. Lanney Wixson, petitioner, 1300 "O" Avenue, also introduced Mr. Bob Hitchcock, director of Chandler's Square. Mr. Wixson submitted a letter of support from Ms. Joann Hoover, Coordinator Island Health Resource Center. Mr. Wixson then presented slides showing the building connection alternatives: a bridge versus a main floor connection should the vacation be granted. Mr. Wixson then explained the building traffic pattern, the complexities of building a bridge, existing alley traffic flow, and parking, Mr. Wixson then addressed City staff comments. Mr. Pat Mooney, 2019 40th Street, owner of a business at 12th Street and "O" Avenue opposed the vacation suggesting that it would restrict traffic. Joan and Andy Pitts, 1201 12th Street, opposed the vacation and described the traffic patterns of the alley. Mr. Stan Mundhan, spoke in opposition to any alley vacation citing potential safety issues. Mrs. Maria Petrish, 1107 9th Street, spoke in opposition to the vacation of right-of-way citing previously vacated City right-of- way and the resulting traffic pattern problems. Mrs. Petrish pointed out that 13th street was already vacated to allow for the construction of Chandler Square. Mr. Andy Mayer, Chamber of Commerce, 819 Commercial, spoke in support of the alley vacation to enable Chandler Square to expand in a logical way. He also spoke in support of the housing industry for the aging population. Mrs. Maria Franulovich, 1004 13th Street spoke against the vacation and discussed how the existing building is site -obscuring. Ms. T. McCallum, Housing Authority Director, said traffic now goes the wrong way down the alley; she then spoke in support of the vacation to add parking and housing for the elderly. With that the Mayor closed the Public Hearing. Mrs. Robinette said that alleys are important to traffic circulation and supported the Board of Adjustment recommendation to deny the Petition. Mr. Brown suggested that patrolmen should not use the alley as access to 12th Street and that the adjacent property owners need the alley for sanitation service. Mr. Carlisle then moved, seconded by Mrs. Robinette, to deny the request for vacation. Vote: Ayes — Robinette, Rock, Carlisle, Brown, and Christiansen. Motion carried. Mr. Petrish returned to the Council Chambers. Public Hearina: Street Vacation — Portion of 2nd Street - Meacham Mayor Maxwell opened the Public Hearing to review and discuss a Petition to Vacate a portion of 2nd Street in the First Plat of Ships Harbor Addition to provide setbacks for a previously built house construction circa 1930. For review of this proposal the Council received the petition, minutes of the Board of Adjustment meeting and recommendation to approve the petition. Mrs. Robinette inquired into access for surrounding property. There were no comments from the audience and the Mayor declared the Public Hearing closed. In light of the favorable recommendation from the Board of Adjustment and no objections from neighbors, Mr. Carlisle moved, seconded by Christiansen, to approve the vacation of the east 8' of 2nd street lying west of lots 9, 10, 11 and 12, Block 16, First Plat of Ship Harbor. Vote: Ayes — Rock, Carlisle, Petrish, Brown, Christiansen, and Robinette. Motion carried. Public Hearina: Renamina Certain Streets: Ordinance Mayor Maxwell opened the Public Hearing to take comments and recommendations on an Ordinance renaming certain streets in the City of Anacortes. Mr. Ed Frank, Building Official, summarized that with the new 911 system existing duplication of street names requires name changes. Previously reviewed by Council in Study Session, Mr. Frank listed the streets to be renamed. There were no questions from Council or audience and the Mayor declared the Public Hearing closed. Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance No. 2489'entitled, "An ordinance Changing the Names of Certain Streets". Vote: Ayes — Carlisle, Petrish, Brown, Christiansen, Robinette, and Rock. motion carried. March Point Stormwater Comorehensive Plan: Award Contract Mr. Jim Pemberton, Director of Public Works, introduced a draft proposal for engineering services for South March Point Annexation area drainage basin study. The proposal, from Leonard, Boudinot & Skodje, addresses surface water management issues in the annexation area. Staff recommends that the Mayor be authorized to enter into a contract with Leonard for an amount not to exceed $15,000 to complete the study. Discussion followed regarding assessment of development fees and regarding the stormwater pump station adjacent to the golf course. Following question and answers, Mr. Carlisle moved, seconded by Mr. Carlisle to authorize the Mayor to enter into the contract with Leonard, Boudinot, and Skodje for the South March Point Annexation Area Drainage Basin Study in an amount not to exceed $15,000. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, Rock, and Carlisle. 14,50 ,451 51 April 5, 1999 - continued Welk Latecomer's on Heart Lake Road: Waterline Extension Mr. Dave Lervik, City Engineer, presented this item to Council. Referencing a March 30, 1999 memorandum to Council, Mr. Lervik explained that the agreement is applied to a waterline extension constructed by David and Kenneth Welk along Heart Lake Road from 41St Street approximately 550 feet to the south. Mr. Lervik discussed the cost-sharing discussions held with the affected property owners. Mr. Brown moved, seconded by Mr. Rock, to approve the Welk Latecomer Agreement. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Concession Agreement — Volunteer Park Mr. Gary Robinson, Director of Parks and Recreation, discussed the restroom/concession stand at Volunteer Park. A proposal from M & M Baseball concessions was received by the Parks Department and reviewed by the Park Board. The proposal received a favorable recommendation from the Board. The Park Department advertised for additional proposals; no new proposals were submitted. Discussion followed percentage of concession profits to the City and the use of the stand by other community groups. Ms. Myra Nibarger answered questions from Council. Mr. Carlisle recommended that item 12 of the agreement read "tobacco" rather than "cigarettes"; recommended that the City and Concessionaire review the method for establishing the Park Department's fee after the first year of activity; and recommended that the percentage of net profits to community groups also be reviewed. The Mayor pointed out that after a year's experience with the concession stand a fee schedule could be created. With that, Mr. Carlisle moved, seconded by Mr. Brown, to enter into the concession agreement between the City of Anacortes and M & M Baseball Concession services at Volunteer Park. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Brown. Motion carried. At approximately 10:00 p.m. Mayor Maxwell announced that this meeting would be continued to April 12, 1999 to discuss a possible land sale. Mr. Petrish complimented the Parks Department for work at Causland Park and reported that there's cyclone fencing discarded at "N" Avenue park. 4gjeK aian, City'Clerk-Treasurer -NC� -LAq "_j�4 Councember IT * x4g2�� ftz:",P H. Dean Maxwell, Mayor/ Continued Meeting of April 5, 1999 —April 12, 1999 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. The Planning Director reviewed a proposed sale of surplus City property at 36" and "D". The Anstensens were proposing that they provide road access and utilities and complete subdivision of the City's property into seven developed lots in exchange for the City deeding two of these seven lots to them; the two lots to be deeded to the Anstensens would be determined by the City. It was noted that the sale of the City property as developed sites would generate four to five times the value that selling the property as undeveloped property would generate. Additionally, the Anstensens had originally asked to be compensated with three building sites, the City had countered with one building site of the Anstensens' choice, and the compromise proposal presented this evening was for two lots of the City's choice to be deeded to the Anstensens. After discussion, Mr. Brown moved that the Mayor be authorized to finalize the transaction as presented. The motion was seconded by Mr. Sizemore and passed unanimously. Mr. Carlisle then returned to the subject of the Cline conditional use application for a bed and breakfast establishment. Mr. Carlisle moved that the City Council reconsider the action it took on April 5, 1999 on this matter. The motion was seconded by Mr. Christiansen and passed unanimously. The Council then discussed the manner in which reconsideration would be handled. Mr. Christiansen moved that the entire matter be remanded to the Planning Commission for a new public hearing, after all appropriate notices had been provided, and with the Planning Commission addressing all the questions filed by the City Council with the Planning Director; the filing to be done by April 19, 1999. The motion was seconded by Mr. Carlisle and passed unanimously. The Council also agreed. to review their delegation of the public hearing responsibility to the Planning Commission. The meeting adjourned at approximately 8 p.m. /rgeain, City Clerk -Treasurer :_. ` 1 -� H. D -Maxwell, Councilmember 1458 April 19, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of April 19, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Ken Brown. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mrs. Robinette asked that the minutes of April 5, 1999 be amended as follows: Concession Agreement — Volunteer Park, sentence 6 — "...recommended that the City and concessionaire review the rationale for establishing the Park Department fee after the first year of activity." With that amendment Mr. Christiansen moved, seconded by Mr. Petrish, to approve the minutes of April 5, 1999 and April 12, 1999. Vote: Ayes — Petrish, Sizemore, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings Mr. Ian Munce, Planning Director, addressed the Mayor, Council, and audience. Mr. Munce announced a proposed amendment to the meeting agenda, item # 7(g), Forest Ridge Planned Unit Development. Closed Record Meetina/Appeal. The appellant, Mr. Ron Woolworth, has requested that this issue be remanded to the Planning Commission for further public hearing and deliberation. Mr. Munce explained that If the Council approves this request the new hearing dates will be May 12, 1999 for the Planning Commission Open Record Public Hearing, and June 7, 1999 for the City Council Closed Record Meeting/Decision. Mr. Sizemore so moved, seconded by Mr. Rock. Vote: Ayes — Sizemore, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. No citizens presented wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell read a Proclamation designating the week of May 2nd as Youth Week in honor of America's junior citizens. The Anacortes Elks Lodge # 1204 will sponsor observance during the week. The Proclamation further urged all departments of civic, fraternal, and patriotic groups to participate in honoring the achievements of our young citizens. The Mayor asked Mr. George Khtaian, Finance Director, to step forward. The Mayor presented Mr. Khtaian with Anacortes' Government Finance Officers Association of the United States and Canada (GFOA) annual award for excellence in financial reporting for the year ending December 31, 1997. This Certificate of Achievement (COA) is the highest form of recognition in the area of governmental accounting and financial reporting. Mr. Khtaian then introduced Mrs. Jenifer Troxel, Assistant Finance Director. Mrs. Troxel is the recipient of the Award of Financial Reporting Achievement (AFRA), an award given to the individual designated by the local government as primarily responsible for the City having earned the (COA). Reading from a prepared statement, Mr. Khtaian in turn recognized the efforts of both Mr. Jerry Knutsen, City Comptroller, and of the City's financial support team. Mr. Khtaian concluded with appreciation for the support from the Mayor and City Council. Mr. Petrish reported to the Public Works Director that he noticed water was accumulating on both sides of the railroad tracks at approximately "V" Place. Mr. Petrish asked that staff review this matter. Amendment # 4 Consultant Services Agreement: Montoomery Watson Mr. Jim Pemberton, Director of Public Works, summarized the City's contract with Montgomery Watson Americas, Inc. to provide plans, specifications and estimates for the three phase 24 - inch pipeline replacement project. Mr. Pemberton then referenced his April 13, 1999 Memorandum to Council outlining 4 new issues raised by the City that necessitate Amendment No. 4 to the Montgomery Watson contract. Briefly, the issues involve changes to contract drawings for segment 1 of the pipeline, increased level of effort to provide qualification requirements to address Swinomish Channel crossing using horizontal directional drilling, preparation of a Geo -technical Baseline Report for the Channel crossing, and additional construction monitoring assistance for the horizontal directional drilling. The total amendment costs are $33,594 and staff recommends that the Mayor be authorized to execute the amendment. Mr. Christiansen so moved, seconded by Mr. Rock. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Consent Aaenda Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Christiansen. Motion carried. April 19, 1999 - continued Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on April 8, 1999 and April 15, 1999 are approved for payment as of this date, April 19, 1999. Council vote was unanimous. Claims Warrants Apr, 1999: Warrant Numbers 2178 through 2405 in the total amount of $205,224.29 Council cancelled Warrant # 1613 in the amount of $58.59 and Claims Warrant # 55550 in the amount of $4.00 Council adopted Ordinance No. 2490 vacating a portion of 2nd Street, First Plat of Ship Harbor Council adopted Resolution No. 1502 entitled "Resolution Amending Resolution No. 1463, dated February 2, 1998 by Adjusting Various Petty Cash and Change Funds". Open Record Public Hearing — Conditional Use Application — Anacortes Parks Department - Quarry Mayor Maxwell announced that the Open Record Public Hearing for the Anacortes Parks Department Conditional Use application for the Quarry has been continued to Monday, May 10, 1999 at 7:30 p.m. in the Municipal Building Council Chambers. Resolution: Adoptinq Purchasing/Asset Disposal Policies Mr. Ian Munce, Planning Director, explained to the Council and audience that the major portion of this project has been prepared by the Finance Department and has been presented to Council in Study Session. However, Mr. Munce asked to highlight a specific issue for the Council; State law provides that the City can award a bid to not only the lowest bidder but to the lowest responsible bidder as well. With support for the new policies, Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Resolution No. 1503 entitled "Adopting Purchasing/Asset/Disposal Policies". Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Christiansen. Motion carried. Ordinance: Quarterly Budget Amendment Mr. George Khtaian, Finance Director, presented an Ordinance to Council for approval and adoption. The Ordinance, entitled "An Ordinance Amending Ordinance No. 2477 Approved and Adopted on December 14, 1998 and entitled 'An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 1999' ", was reviewed and discussed by Council in Study Session. Mr. Khtaian then briefly reviewed each of the funds to be amended for the first quarter, 1999. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2491. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Christiansen, and Robinette. Motion carried. Ordinance: Amending Ward Boundaries Mayor Maxwell presented an Ordinance to Council for approval and adoption. Mr. Ian Munce, Planning Director, explained that the Ordinance, "An Ordinance Establishing Wards and Precincts within the City of Anacortes and Repealing Ordinance No. 2404, Passed and Approved on the 1s' day of July, 1996", encompasses the citizens living in the South March Point Annexation Area. These individuals will become members of Ward # 2 and will be represented by Mr. Ken Brown. Mr. Carlisle moved, seconded by Carlisle, to adopt Ordinance No. 2492. Vote: Ayes — Carlisle, Petrish, Sizemore, Christiansen, Robinette, and Rock. Motion carried. Approval of EMS Contract Amendment Mayor Maxwell then asked Council for formal approval of an amendment to the EMS Contract providing revenue for a second paramedic unit for the Anacortes Fire Department. This issue was reviewed and discussed by Council in Study Session. Mr. Sizemore reported that the Public Safety Committee having reviewed this item and having met with Fire Chief Curtis, recommends approval. With that, Mr. Sizemore moved, seconded by Carlisle, to approve the amendment to the EMS Contract. Vote: Ayes — Petrish, Sizemore, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Police Buildina: Authorizing Desian and Construction Mr. Mike King, Police Chief, presented a request to Council for review and approval of the next step in the construction process for the police/court facility. This next phase involves the full development of the design plans together with the call for bids for the completed design plans. Bids received would be brought to Council for approval prior to construction. Chief King then introduced Mr. Marc Estvold, 3110 Commercial Avenue, architect for the project. Mr. Estvold presented a series of 3 drawings including site plan showing building location and layout. Mr. Estvold also discussed public parking; there will be 122 parking spaces around the project site 1 4 5J April 19, 1999 - continued including on -street spaces. The one-story building will contain a courtroom/multi-purpose room and will be designed at 125% of normal building standards. In keeping with the adjacent view property the building will have a low slope roof design. Mr. Rock and Mr. Petrish expressed concern about a sufficiency of parking. Mr. Estvold described the cooperative uses of the parking spaces by adjacent facilities. Mrs. Robinette expressed concern at the cost and size of the building. Mrs. Robinette also pointed out that the current contract calls for a 2 -step process with Council approval of the construction drawings as the first step only. Mr. Sizemore emphasized that the Public Safety Committee has thoroughly researched and reviewed the plans now before Council and it is anticipated that only minor adjustments to the plans would be made. The Mayor pointed out that we are now in the construction season. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the development of the full design plans for the combined police/court facility and to approve the request for bids for the construction of this project. On a question from Mr. Rock, Mr. Steve Mansfield, City Attorney, explained that with regard to the 2 -phase Council approval issue, the existing agreement between the two parties can be modified. Mr. Rock expressed his concern over proposed costs. Vote: Ayes — Sizemore, Christiansen, Rock, Carlisle, and Petrish. No — Robinette. Motion carried. Police Building: Authorizing Bond Issue/Refunding On a related matter, Mayor Maxwell introduced the matter of non -voted $2,000,000 General Obligation Bonds (bond issuance is for the construction of the Public Safety Building) together with the refunding of $1.4 million remaining GO Bonds for the two fire stations. Mr. George Khtaian, Finance Director, having already reviewed this matter with Council in Study Session, asked for any questions from Council. Discussion followed regarding funding. Mr. Christiansen moved, seconded by Mr. Carlisle, to authorize the Mayor and the Finance Director be authorized to issue new Public Safety Building B.O. bonds in the amount of $2,000,000 and a refunding of current outstanding 1992 G.O. Bonds. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. The Mayor expressed appreciation for Council support for moving forward to update an older municipal facility that no longer meets the needs of the community. Mr. Petrish and Mrs. Robinette asked for clarification on the action taken by Council to remand the Forest Ridge PUD to the Planning Commission. Mr. Munce, Planning Director, explained that he would forward any Council concerns/questions on projects returned to the Planning Commission for further public/staff review. There being no further business, the Mayor adjourned the meeting at 8:40 p.m. Ge a Khtaian, City Jerk -Treasurer -;v SX4,5n P;4zor H. Dean Maxwell, ,N/YlQ Councilmember May 3, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of May 3, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mr. Sizemore moved, seconded by Mr. Brown, that the minutes of April 19, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas Mrs. Erica Pickett encouraged anyone who might be interested in learning effective public speaking to join the local Toastmasters Club, Mondays, noon, at Village Pizza. Mavor/Council Communication Mayor Maxwell read a Proclamation designating May 8, 1999 as National Association of Letter Carriers Food Drive Collection Day. Mr. Christiansen explained that the food collected during the Letter Carriers Food Drive is distributed to the local Salvation Army, and Anacortes Food Bank. Mayor Maxwell followed with a Proclamation entitled "Skip a Meal for the World's Children". The program is sponsored by the Kiwanis in order to raise money to assist in eliminating Iodine Deficiency Disorder (IDD) by the year 2,000. The Proclamation encourages that people donate the one day's lunch money toward this cause. Mr. Petrish reported to the Public Works Director on a drainage issue. Mr. Petrish then suggested a thorough review of the TCI Franchise in light of the recent policy and procedure changes enforced by the cable company. In that regard Mr. Christiansen expressed concerned for the public access channel programming in reference to First Amendment Rights. The City Attorney said he would review the revised TCI schedule and report to Council. Other Councilmembers expressed similar concerns. Mr. Carlisle pointed out that there will be outstanding Internet service provided by TCI. Approval: Library Architect Selection and Contract Mr. Doug Everhart, Library Director, started his overview of the Architect Selection process by presenting Council with a Library Building Advisory Committee membership list. Mr. Everhart then reviewed the history of this process; the architect selection was unanimously approved by the selection committee and by the Library Board. The proposed contract will include a not -to - exceed clause, and time line. He concluded with a discussion of the Phase I contract elements. Mr. Everhart then introduced the Mr. John Conlee, Library Board Trustee. Mr. Conlee recognized the great contribution of Mrs. Margaret Studer, former chair of the architect selection committee. Mr. Conlee described the painstaking and exacting methods used by the committee in the selection process. Mr. Everhart then introduced the selected architect, Mr. Rich Cardwell of Cardwell/Thomas & Associates, Seattle. Mr. Cardwell listed the public buildings designed by his firm. Using visual aids Mr. Cardwell reviewed the time line chart with Council and presented detailed drawings. He also answered questions regarding the funding process. On a question from Mrs. Robinette, Mr. Cardwell explained the level of detail for the contract drawings. At the conclusion of the presentation, Mr. Everhart opened the discussion on funding and the community survey. With that Mr. Everhart requested Council approval of the contract as presented. Mr. Carlisle so moved, seconded by Mr. Brown. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Approval of Vouchers Mr. Carlisle moved, seconded by Mr. Sizemore, 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, 1999 and April 29, 1999 are approved for payment as of this date, May 3, 1999. Council vote was unanimous. Claims Warrants May, 1999: Warrant Numbers 2409 through 2629 in the total amount of $543,656.91 Prewritten Claims Apr, 1999 Warrant Numbers 1935-1936, 1938-2175, 2176-2407 Draw Payroll Apr, 1999 Warrant Numbers 14413 through 14465 in the total amount of $27,651.80 Resolutions: Annual Water Contracts Rate Adiustments Mrs. Robinette asked that this item be removed from the Consent Agenda. Mr. George Khtaian, Finance Director, explained the rate comparison charts prepared for Council review. Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Resolutions 1504-1509, Annual Water Contracts with the Swinomish Tribal Community, Skagit Council PUD # 1, Town of LaConner, 1456 1457 457 May 3, 1999 - continued City of Oak Harbor, Tesoro, and Equilon. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Closed Record Meetina — Conditional Use/Western Wireless Mayor Maxwell announced that the Conditional Use closed record meeting for Western Wireless has been continued to Tuesday, July 6, 1999. Closed Record Meetina — Preliminary Plat Application Mayor Maxwell announced that the Preliminary Plat closed record meeting for Rock Ridge West has been continued to Monday, June 21, 1999. Street Fair Applications — Arts Festival, Ovster Run. Waterfront Festival Mr. Dave Lervik, City Engineer, presented three requests for street fair closures: Waterfront Festival, (May 14-16 and including closures at "T' Avenue and Fidalgo Bay Road for the SeaBear 5K Fun Run); Anacortes Arts Festival (August 7 and 8); and the Oyster Run (September 26, 1999). Mr. Brown asked if a representative from the Arts Festival could address the Council on Festival issues. Mr. Lervik verified that the closures/activities are the same as previously approved by Council. Mr. Sizemore asked that the traffic volunteers for the Fun Run be properly trained in traffic control. With that, Mr. Sizemore moved, seconded by Mr. Carlisle to approve the three Street Fair applications. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. There being no further business, the Mayor continued the meeting to Monday, May 10, 1999 at 7:30 p.m. in the Municipal building Council Chambers in order to conduct the Public Hearing on the Quarry Conditional Use application. Geor Khtaian ity Clerk -Treasurer H. Dean Maxwell, M or a'Vv..Q_ Councilmember Continued Meeting of May 3, 1999 — May 10, 1999 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Mayor Maxwell opened a public hearing on a conditional use application by the City Parks & Recreation Department to allow Lakeside Industries to remove rock from the City forestland property. Ian Munce, City Planning Director, explained that both the Planning Commission and the Board of Adjustment had held their own hearings on this matter. The Planning Commission had recommended approval on a 4-2 vote and the Board of Adjustment had recommended denial on a 3-1 vote. Transcripts of both hearings and all the materials submitted to both hearings had been forwarded to the City Council. Four additional letters had been received since these public hearings were held and forwarded to City Council. Finaily, Councilmember Robinette had submitted two additional letters into the record. Mr. Munce added that the application package itself consisted of the following: (A) conditional use application, (B) SEPA Checklist, (C) possible contract for removal of quarry rock, (D) wetland evaluation and delineation, (E) schedule of reclamation, (F) DNR Standard Reclamation Plan (Site #5), (G) DNR Standard Reclamation Plan (Site #6), (H) backfill plan (Site #6), (1) Stormwater System Plan, and (J) maps of the area and landowners. Mr. Rod Gilmore, manager of Lakeside Industries, Anacortes division, described the importance of the proposal to his company, the local economy, and forestland management programs. Mr. Forrest Lane, environmental manager for Lakeside Industries, gave a brief overview of the history of Lakeside Industries, the need for rock, the location of the properties involved, the transportation and congestion cost savings from not importing rock onto Fidalgo Island, the proposed rock removal operation, the reclamation plan, the stormwater management plan, and the wetland protection and maintenance plan. Mr. Rick Haley, member of the Anacortes Community Forest Board, stated his opposition to the proposal based on conflicts with the ACFL Plan, wildlife displacement, negative impacts on recreation activity, and negative impacts to the conservation easement program. Mr. Richard Preston, of Friends of the Forest, argued that the proposal, if approved, would undermine the conservation easement program and would set a bad precedent. Mr. Jim Davis stated that the rock involved with the application was needed locally and that Lakeside ran a sound, environmentally conscious operation. Mr. Richard Bergner, chair of the education committee of Friends of the Forest, stated that a quarry operation on 16 acres of City forestlands for a 20 year period was contrary to the aesthetic and recreational goals set forth in the ACFL Plan. Ms. Erica Pickett stated that it was important for the 160 acres of City sewer fund property to be transferred to the forestland fund with appropriate reimbursement, that the 16 acres involved was considered to be surplus property when the forestland management program was originally set up, that the rock involved was needed locally, and that the revenue generated from the proposal would allow for the acquisition of additional property. Mr. Dennis Knoch argued that the proposal was contrary to the ACFL Management Plan. Mr. Dennis Treblaine stated that the rock was needed locally and that there would be a major environmental savings in terms of reduced transportation. Mr. Bret Lunsford argued that alternative private lands are available for rock extraction and these should be utilized. Ms. Cynthia Richardson argued that the proposal does not meet the City's conditional use criteria, was contrary to the ACFL Plan, and set a bad precedent. Ms. Dorothy Austin stated that the revenue generated does not justify the proposal. Mr. Phil Burton stated that the Anacortes Community Forestlands were not an appropriate site for resource extraction, that public opinion was strongly against the project, that adjacent lands outside the ACFL should be utilized, that the revenue was not needed, and that it was more important to preserve the natural environment on Fidalgo Island. Mr. Bill Wooding stated that the material was needed locally, that Lakeside had long supported community projects, that the rock on adjacent property was not of the same high quality as that on the City property, and that it would cost 35% more to import rock from the Mount Vernon area. Ms. Marcia Hunt stated that the aesthetic and recreational value of the ACFL should control, but if the project was to go forward the royalties earned should go into the ACFL easement purchase program to avoid this program being undermined. Mr. Randy Pepper, a quarry neighbor, stated that Lakeside ran a quality operation. Mr. Tracy Powell, ACFL Advisory Committee member, stated that the public lands involved needed to be protected and that the proposal would set a bad precedent. Mr. Wayne Brookins stated that some parcels of property 1459 Continued Meeting of May 3, 1999 — May 10, 1999 - continued are more valuable than others and that the proposal presented represented a "good deal" for the City. Mr. Bob Vaux testified that the property should be left in its current state. Mr. Ken Michael, a Lakeside employee, stated that most of the 70 employees involved in the quarry operation live locally and make significant community contributions. Mr. Ross Barnes, environmental consultant for Lakeside Industries, provided design details as to stormwater management and wetland protection. Mr. Forrest Lane, Lakeside's environmental manager, stated that the quarry would not result in a hole in the ground, that the availability of adjacent properties was not a "sure thing", and that Lakeside was open to participating in the easement program and addressing other contract issues. The public hearing was closed. After discussion, Mr. Sizemore moved that the City Council issue the conditional use permit with the conditions recommended by the Planning Commission and subject to the final terms being set forth in a contract document. The motion was seconded by Mr. Christiansen. Vote: Ayes — Brown, Petrish, Sizemore, Christiansen, and Robinette. No — Carlisle and Rock. The motion carried. It was noted that the next step was for the Council to work on possible contract terms. The meeting adjourned at approximately 10:30 p.m. Georg htai�,City Clerk- reasurer H. Dean Maxwell, Mayor r' Council ember May 17, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of May 17, 1999 to order. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Jeanne Robinette, and Bud Rock. Absent: Nick Petrish and Terry Christiansen. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Brown moved, seconded by Mr. Carlisle, that the minutes of May 3, 1999 be approved as if read. Vote: Ayes - Sizemore, Brown, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication Addressing the Council and the community, Mayor Maxwell introduced Mr. John Small as the recipient of the Mayor's Award of Merit. As the Dare Officer and Crime Prevention Officer for the Anacortes Police Department, Mr. Small has worked with youth, teen, and police auxiliary groups. The Mayor explained that this award recognizes exceptional employee performance. To commemorate his achievements the Mayor presented a gift certificate and plaque to Mr. Small. Mrs. Robinette suggested that comments and suggestions from the community be incorporated into the Council deliberation on the Quarry contract. The Mayor responded that Council will hold a Study Session on this matter and suggestions received from the public would be part of the dialogue. 33`d Court - Acceptance of Improvements Mr. Dave Lervik, City Engineer presented a request for Council approval to -.accept ,the 33rd Court construction improvements as complete. Constructed by Jenkins, Inc., Arlington, and inspected by the City and Leonard, Boudinot & Skodje, the improvements are in compliance with project plans and specifications. With that, Mr. Sizemore moved to accept the project as complete thereby initiating the 45 -day line period required to release the retainage. Vote: Ayes - Brown, Robinette, Rock, Carlisle, and Sizemore. Motion carried. r(50---,AQ;rda---------------------------- - - - - - i nsent i Mr. Sizemore moved, seconded by Mr. Brown, to approve the following Consent Agenda Items. i Vote: Ayes —Robinette, Rock, Carlisle, Sizemore, and Brown. Motion carried. t t t i Approval of Vouchers t Council voted that the following vouchers/warrants audited and certified by the City's Auditing t Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on May 6, 1999 and May 13, 1999 are approved for payment as of this date, May 17, 1999. Council vote was unanimous. Claims Warrants i May, 1999: Warrant Numbers 2632 through 2857 in the total amount of $349,683.12 i t Payroll I Apr, 1999 Warrant Numbers 14466 through 14609 in the total amount of $312,734.87 i Council cancelled Warrant # 14323 in the amount of $61.90 Council adopted Resolution No. 1510 setting June 21" as the Public Hearing date on a Petition � to Vacate a portion of "V" Avenue Council adopted Resolution No. 1511 setting June 21St as the Public Hearing date on a Petition to Vacate a portion of the alley in Block 1114 Northern Pacific Addition to Anacortes. � t t Council confirmed the nomination of the Street Tree Committee membership as outlined in a i i May 5, 1999 memorandum from the Office of the Mayor. t - ----------------------------------- - - - - -- Horizon Heiqhts: Park Planning Contract Mr. Gary Robinson, Director of Parks and Recreation, submitted a proposal to Council for review and approval. The proposal, from Susan Black and Associates, is for planning assistance for the open space area at Horizon Heights. Additionally, Mr. Robinson summarized the Planning Commission proposal for its participation in the park planning process. Initial neighborhood comments request improvements scaled for the neighborhood rather than for a community facility. Speaking to the need for such a project, Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the contract between the City of Anacortes and Susan Black & Associates for planning assistance for the Horizon Heights Park Master Plan. Discussion followed regarding park impact fees, budgeting for the proposed park improvements, and WWI 1461 May 17, 1999 -continued wetland enhancement efforts. Mr. Matthew Latsha, 3302 Field Avenue, summarized the neighborhood park planning participation to date including distribution of a neighborhood newsletter, and communication with City staff. Mr. Paul Peterson spoke in favor of a neighborhood playground project and spoke in favor of the cooperative effort exhibited to make the playground a reality. With that, the Mayor called the roll. Vote: Ayes — Rock, Carlisle, Sizemore, Brown, and Robinette. Motion carried. "Q" Avenue Status Report Mr. Dave Lervik, City Engineer, presented a "Q" Avenue reconstruction progress report. Mr. Lervik detailed the Biological Assessment task as part of the pre -construction process. With the recent listing of Chinook salmon on the Endangered Species Act a number of environmental certification request are now under review pushing construction schedules back. Discussion followed regarding winter construction schedule and improvement of water runoff. Streetscape conceptual drawings will be brought to Council for review. The Mayor asked that such a drawing be left in the Council Chambers as an exhibit. Al Fidalqo Bav Plan Public Hearinq The Public Hearing for the Fidalgo Bay Plan (originally scheduled for May 24, 1999) has been continued to Monday, July 19, 1999. There being no further business, the Mayor adjourned the meeting at 8:15 p.m. ge Kh ian,'Citjr lerk-Treasurer _ S" H. Dean Maxwell, Mayo G_ODA K'\A0 Cound member June 7, 1999 1462 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of June 7, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Brown moved, seconded by Mr. Rock, that the minutes of May 10, 1999 and May 17, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Mr. Petrish abstained from voting on the minutes of May 17, 1999. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication (The TC/ presentation is on tape and filed at City Hall.) At the invitation of the Mayor and City Council, Mr. Dan Crocker, TCI General Manager, stepped forward to answer questions regarding the recent changes in local cablevision servIce. Mr. Crocker first announced that the official name change from TCI Cablevision to AT&T will be effective July 1, 1999. Mr. Crocker then reviewed the various channel upgrades and described the technological equipment deployed to support enhanced technology. Responding to Council questions, Mr. Crocker discussed the need to identify Channel 10 as a government access channel; tendency toward abrupt changes in level of service; need for the new premium channel boxes; addition of shopping channel revenues, soon to be offered At -Home high speed internet service; less than effective notification process on recent changes; improved system for trouble calls; VCR recording with new system, and inadequate channel guides. In conclusion, Mr. Crocker said that with the merger of TCI and AT&T communication and customer service improvements will be forthcoming. Mr. Petrish discussed viewing the tapes of the Planning Commission meeting. He asked that the tapes be edited or tagged so that his viewing time can be reduced; he stated his preference for the use of transcripts. Planning Director, Mr. Ian Munce, said that the tapes can be labeled for easier viewing. The purpose of the tapes is so that Council questions and concerns can be addressed before the conclusion of the Planning Commission Open Record Public Hearings. Mr. Petrish submitted transcription cost information to the Planning Department. Mr. Petrish also reported on a portion of railroad track that is overgrown. He also asked about public use of the track corridor located along the beach. The Mayor said that this issue will be brought back to Council for review. Mrs. Robinette submitted a memorandum on her ideas for the 2000 budget. Consider Accepting Recoverinq 36" Transmission Line/Swinomish Channel Mr. Jim Pemberton, Director of Public Works, presented Council with a request to accept as complete work done to recover a portion of the 36" water transmission line on the east side of Swinomish Channel. Culbertson Marine Construction completed the work and the line has been inspected by Anacortes Underwater Services. Total project cost is $26,478.38. Mrs. Robinette so moved, seconded by Mr. Brown. Mr. Rock asked if it was understood why or how the line was uncovered. Mr. Pemberton reported that City staff will be meeting on-site with representatives from the Department of Fisheries and with a hydrologist to further investigate. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. 32nd Street and Anacopper Road Reconstruction — Acceptance of Improvements. Mr. Dave Lervik, City Engineer, presented Council with a request to accept the 32nd Street Reconstruction and Anacopper Road Emergency Repair projects as complete. Referencing his June 2, 1999 memorandum to Council, Mr. Lervik outlined both the breakdown of costs and grant funds associated with this project. Awarded to Schwetz Construction in 1998, the project was to reconstruct 32nd Street between Commercial and "R" Avenues. During the construction of this project the finalization of the emergency repairs to Anacopper Road was added. Both the Washington State Department of Transportation and the City determined that the project could be included in the current 32nd Street contract with Schwetz Construction. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to accept the improvements as constructed by Schwetz Construction, thereby beginning the 30 -day lien period for release of retainage. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Petrish. Motion carried. Consider Bids 1999 Small Diameter Waterline Replacement Mr. Jim Pemberton, Director of Public Works, asked Council to refer to a May 26, 1999 memorandum from Mr. Gordon Bruchner, Project Engineer. The memorandum includes a roster of the bids received for the 1999 Small Diameter Waterline Replacement Project. References from the low bidder, Larry Brown Construction, Bellingham, have been contacted and results are included in the May 26th memorandum. Mr. Christiansen pointed out that all bid figures are exclusive of sales tax. Mr. Brown moved, seconded by Mr. Sizemore, to accept the Larry Brown Construction bid in the amount of $104.731.15. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 14 bduSe 7, 1999 - continued Pump Station Upqrade/Engineerinq Contract Mr. Jim Pemberton, Director of Public Works, presented a request to Council for authorization to modify the existing contract with Semrau Engineering to prepare plans and specs for the pump station upgrades. The modification adds SEPA compliance, additional surveying, and geotechnical work. With that, Mr. Christiansen moved, seconded by Mr. Brown, to authorize the contract modification as outlined in a May 19, 1999 memorandum from John Franz, Wastewater Treatment Plant Manager. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Approval of Vouchers/Cancellation of Warrant Mr. Christiansen moved, seconded by Mr. Rock, 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, 1999, May 27, 1999 and June 3, 1999 are approved for payment as of this date, June 7, 1999. Council vote was unanimous. Claims Warrants Jun, 1999: Warrant Numbers 2863 through 3106 in the total amount of $295,522.39 Prewritten Claims May, 1999 Warrant Numbers 2408-2409, 2630-2631, 2858-2680 in the total amount of $9,572.89 Payroll May, 1999 Warrant Numbers 14663 through 14797 in the total amount of 4303,686.84 Draw Payroll May, 1999 Warrant Numbers 14611 through 14662 in the total amount of $27,682.70 Council cancelled Warrant # 356 in the amount of $190.00 Findings of Fact and Conclusions of Law — Conditional Use Quarry Before approval of the Quarry Findings Mr. Christiansen asked to discuss the environmental determination which specifically addresses moneys generated from, the rock removal contract. Councilmembers then initiated a discussion on the issuance of a land use authorization while contract issues on that project are undecided. Mr. Ian Munce, Planning Director, clarified that procedurally, after Council negotiations on the Quarry contract MDNS amendments can be made. After further discussion, Mr. Munce was directed to add language to the General Background and SEPA sections of the Findings of Fact and Conclusions of Law clarifying potential amendments after contract agreement. Mr. Rock moved to table this matter for two weeks. Mrs. Robinette seconded the motion. Vote: Ayes — Rock, Petrish, Sizemore, Brown, Christiansen, and Robinette. No — Carlisle. Motion carried. Public Hearing — Capital Facilities Plan Mayor Maxwell opened the Public Hearing on taking comments on the Capital Facilities Plan. Mr. Jim Pemberton, Director of Public Works, initiated the detailed review of proposed Public Works Department projects. He described the review process using the updated utility Plans for the City; he also submitted a proposal for new vehicles. Councilmembers stated their preference for first reviewing this material in Study Session. Mrs. Robinette asked for a report on the staffing and operation of the two existing 1 -man trucks. With that, Mr. Petrish moved, seconded by Mr. Brown, to hold a Study Session on the Public Works portion of the Capital Facilities Plan on July 12, 1999 and to continue the CFP Public Hearing to July 19, 1999. Council vote was unanimous. Bond Ordinance Adoption and Underwriter Purchase Aareement (Police Facilitv) Mr. George Khtaian, Finance Director, presented Ordinance # 2493 to Council for approval and adoption. The Ordinance provides for the issuance of $3,540,000 Limited Tax General Obligation Improvement and Refunding Bonds for the new police building and for refunding of a 1992 General Obligation bond for the Fire Stations. Mr. Khtaian then introduced Ms. Jane Towery, Banc of America, securities underwriter. Ms. Towery explained rates, rating, and significance of the Bond Ordinance adoption. Mr. Khtaian then introduced Mr. Mark Greenough, Foster Pepper & Shefelman, the City's Bond Attorney, discussed the steps taken to secure the bond rating, drafting of the Bond Ordinance, and difference between principal and interest cost over the life of the Bonds. With that, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2493. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Mr. Sizemore then moved, seconded by Mr. Brown, to authorize the Mayor to enter into the agreement with the Banc of America Securities for the purchase of the bonds. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Closed Record Meeting — Forest Ridge Planned Unit Development Mayor Maxwell initiated the review of the Forest Ridge PUD by introducing Mr. Ian Munce, Planning Director. Mr. Munce described the procedural background for this second closed record meeting on the preliminary development plan for the Forest Ridge PUD, a 17 -duplex (34 unit) residential project at approximately 23`d Street and "B" Avenue. On April 19, 1999 the Council remanded this issue to the Planning Commission for further public hearing and deliberation. The Planning Commission, having first denied the project, centered discussion at the second Public Hearing around access, public versus private streets, wetland protection, and buffer area issues. Also available during the second hearing was a revised site plan submitted by the project architect, Mr. Marc Estvold. At the conclusion of the public hearing the Commission voted to recommend approval subject to the following revisions to the project conditions: 23`d Street should be paved to a 28 -foot width from "D" Avenue to the project June 7, 1999 - continued entrance, the applicant shall post at their expense a "No Outlet" sign at the project entrance, that the project's center private street shall have a sidewalk on the east side and a trail around the development outside the native growth protection easements. Mr. Fred Abelman filed an appeal of the Planning Commission recommendation. All documentation was forwarded to Council prior to this meeting. In his appeal letter Mr. Abelman suggested that due to the increased development, both as proposed by Forest Ridge and as anticipated in the surrounding area, 23`d Street be built in compliance with current standards. Mr. Marc Estvold, project architect, discussed disposition of the Native Growth Protection Easement, parking concepts, Condominium Association responsibilities, and street width research. Mrs. Robinette began the Council discussion by suggesting that 23`d Street be developed to full City standards. Mr. Christiansen spoke in support of utilizing adopted standards. Mr. Carlisle questioned the necessity, in these circumstances, for full street development. Mr. Sizemore concurred. Discussion followed regarding LID non -participation by existing 23`d Street residences. Mrs. Robinette discussed language in condition # 2 and condition # 9. With that, Mrs. Robinette moved, seconded by Mr. Rock, to approve the project as conditioned with the following amendment to Item # 12: ,23`d Street shall be paved to a 32 -foot width from "D" Avenue to the project entrance with curbs, drainage system as per City standards, and sidewalks on both sides. The applicant shall pay the City one-half the value of the net right-of-way. The applicant shall post at their expense a "no outlet" sign at the project entrance. The applicant is encouraged to establish a Latecomers Agreement for 23`d Street." Vote: Ayes — Robinette, Rock, and Petrish. No — Brown, Christiansen, Carlisle, Sizemore. Motion failed. On a question from Mr. Christiansen, Mr. Steve Mansfield, City Attorney, explained that for vacated right-of-way the City can assess an amount up to equal one-half the appraised value and that an adjustment can be made on the amount charged for the net square footage being vacated. Mr. Sizemore suggested tabling this issue to investigate costs of the additional 4' of 23`d Street improvements versus vacation revenues. After further discussion and concurrence from the application Mr. Sizemore moved, seconded by Mr. Rock, to approve the projects subject to the conditions outlined in the Findings of Fact with the following amendment to Condition # 12: "23`d Street shall be paved to a 32 -foot width from "D" Avenue to the project entrance with curbs, an open drainage system as per City standards, and sidewalks on both sides. The applicant shall pay the City one-half the value of the net right-of-way surrendered by the City minus the cost of 4' of pavement and sidewalks on both sides. The applicant shall post at their expense a "no outlet" sign at the project entrance." Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Solid Waste Franchise: Annexation Area Mr. Ian Munce, Planning Director, presented a recommendation from staff for approval of the Franchise Agreement between the City of Anacortes and Waste Management for the South March Point Annexation Area for solid waste. This agreement does not affect any existing contract between the City and Waste Management for handling recyclable materials within the City limits. Mr. Carlisle moved, seconded by Mr. Christiansen, to authorize the Mayor to enter the Franchise Agreement. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. At approximately 11:00 p.m. Mayor Maxwell continued the meeting to Wednesday, 5:00 p.m., June 9, 1999 in order to conduct a site visit in conjunction with the Cedar Springs Planned Unit Development. At the conclusion of the site visit the continued meeting of June 7th will be adjourned. ,;/ O 1ge Kytaian, Cit Clerk -Treasurer, VA W's,12 e- - Councilniember 14 ®&e 21, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of June 21, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of June 7, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings Mayor Maxwell introduced the President of Puget Sound Refining Company, Ms. Judy Moorad. Expressing appreciation for the opportunity to address the Mayor and Council, Ms. Moorad presented the City of Anacortes with a $350,000 contribution for the purchase of a fire truck. With the addition of the new truck fire safety and protection will be enhanced for the entire community. With regard to the recent tragic incident at the refinery, this donation is made out of respect and honor for the victims and their families. Mavor/Council Communication The Mayor then distributed a June 21, 1999 Report to the Council members. Reading from the report Mayor Maxwell announced that a complaint charging unfair labor practices had been received from the International Association of Fire Fighters Local 1537. The complaint is centered on the City's student volunteer program. By way of background Mayor Maxwell listed the City achievements over the last year to provide increased fire and medical services to Anacortes including additional fulltime, volunteer support for the purchase of a ladder truck, and the implementation of a Student Volunteer Program through Skagit Valley College. The Mayor followed with a list of the many ways in which the Student program can increase firefighter safety and service delivery. The Mayor praised the professionalism and dedication of the firefighter/paramedics employed by the City and concluded by saying that it would be a disservice to this community and to the Anacortes Fire Department to discontinue the student program. Extension/Interim Zoning Controls/Cellular Towers: Public Hearinq/Ordinance Mayor Maxwell opened the Public Hearing to determine if a six-month extension of the City's Telecommunication Ordinance is appropriate. The City is scheduled to adopt permanent cellular tower regulations by the end of this year; interim regulations are in place but State law limits the adoption of interim regulations to 6 -month increments. There were no comments from the audience and the Mayor declared the Public Hearing closed. With that, Mr. Sizemore moved, seconded by Mr. Christiansen to adopt Ordinance No. 2494 entitled, "An Ordinance Amending ordinances #2470 and 2483 (Telecommunication Ordinance) by Extending the Effective Date for Six Months". Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Confirmation of Tourism Contracts: Resolution Mr. Ian Munce, Planning Director, explained that Council action taken earlier this year authorized the Mayor and City Clerk to enter into contracts with thirteen projects selected to received grant monies from Motel/Hotel Taxes. The Resolution now before Council confirms that action taken by Council. Mr. Brown moved, seconded by Mr. Christiansen, to adopt Resolution No. 1512 entitled "A Resolution Authorizing Execution of Tourism Promotion Fund Contracts by and between the City of Anacortes and Eleven Agencies for Thirteen Projects." Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrant Mr. Carlisle moved, seconded by Mr. Sizemore, 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, 1999 and June 18, 1999 are approved for payment as of this date, June 21, 1999. Council vote was unanimous. Claims Warrants Jun, 1999: Warrant Numbers 3110 through 3292 in the total amount of $447,509.95 Draw Pavroll Jun, 1999 Warrant Numbers 14798 through 14848 in the total amount of $26,282.80 Findings of Fact and Conclusions of Law — Forest Ridqe Planned Unit Development Mr. Carlisle asked that this item be removed from the Consent Agenda. Mr. Carlisle moved that before adoption of the Findings, Council conduct a site visit to view 23`d Street as it currently exists. Mr. Steve Mansfield, City Attorney, advised that the Council is bound by the record produced at the Planning Commission level and can not add to that body of material through personal visitation or observation. Motion died for a lack of a second. Mrs. Robinette asked that Condition #9 be corrected with the addition of item "(F)". There were no other comments and Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt the Findings of Fact and Conclusions of Law for the Forest Ridge Planned Unit Development. Vote: Ayes — Christiansen, Robinette, Rock, Petrish, Sizemore, and Brown. No — Carlisle. Motion carried. Findinqs of Fact and Conclusions of Law — Quarry Conditional Use Permit Mrs. Robinette asked that this item be removed from the Consent Agenda. The request was made so that Mrs. Robinette could highlight the issue that the Conditional Use Permit may be modified at the conclusion of the Council's Quarry contract negotiations. Mr. Carlisle discussed outstanding contract issues and suggested that approval of the Findings of Fact and Conclusions of Law on the land use decision be approved after contract settlement. On a question from Mrs. Robinette, Mr. Ian Munce, Planning Director, explained that the land use decision and contract negotiations are separate actions and that the Findings are designed to represent the City's position on the land use issue. The City Attorney also explained that the Findings reflect environmental issues as presented in the original land use application. Additional environmental review at the staff level as well as proposed changes in zoning regulations may be necessary at the conclusion of contract negotiations. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to move this matter forward to a Study Session. Vote: Ayes — Rock, Carlisle, and Petrish. No — Sizemore, Brown, Christiansen, Robinette. Motion failed. Mr. Sizemore then moved, seconded by Mr. Brown, to approve the Findings of Fact and Conclusions of Law for the Quarry Conditional Use Permit with addition of Condition # 11: "Approval of this Conditional Use Permit merely authorizes, but does not June 21, 1999 - continued commit, the City to contract for rock removal; contract terms will at a minimum incorporate the conditions set forth on pages 10-12."Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, and Robinette. No — Carlisle, and Rock. Motion carried. Continuation of Public Hearinas: Mayor Maxwell announced the following hearing continuations: Alley vacation, Blocks 1114, 1115, Northern Pacific Addition - continue to August 2, 1999; Street vacation, west 12 feet of "V" Avenue - continue to August 2, 1999. Closed Record Meetina: Cline Bed & Breakfast Conditional Use Mayor Maxwell opened the second closed record meeting on the Cline conditional use application for authorization to operate a 4 -room Bed & Breakfast at 2301 21St Street. One appeal of the Planning Commission recommendation has been filed. Mr. Ian Munce, Planning Director, provided procedural background. The applicant wishes to construct a single family home on two building sites and to use 4 rooms for a Bed & Breakfast establishment. Mr. Munce explained that generally, Bed & Breakfast establishments involve the conversion of portions of older, existing homes. Initially, the Planning Commission held an open record public hearing on this matter and forwarded a recommendation for approval subject to 11 conditions to the Council. Some of the site- specific conditions centered around fencing, lighting, and parking; all issues raised during the public hearing process. After deliberation Council remanded the application back to the Planning Commission for further review and with a request that specific information be made part of the record. The Planning Commission held a second Open Record Public Hearing, gathered testimony, and forwarded a second recommendation to Council for approval subject to the same 11 conditions. Characterizing her concerns, the appeal letter stands as Ms. Marcia Heller's formal appeal of the Planning Commission recommendation. Mr. Mike Underwood, 2319 2151 St., representing the applicant, confirmed that the living space is approximately 4,000 square feet which is consistent with the size of neighborhood homes, including the home of the appellant. Mr. Underwood further explained that there are no private room entrances, the home will be two-story, and that the applicants have determined to be courteous neighbors. The project conditions for screening and fencing were suggested by the appellant; parking is on-site for the convenience of the neighborhood and is screened with landscaping. The applicants have stated that this home will be the primary residence and offered to verify this with a reasonable waiting period before B & B operation. On a question from Mrs. Robinette, Mr. Underwood clarified that the living space is 4,250 square feet plus a 966 square foot garage. Mr. Christiansen pointed out that the proposal meets all code requirements including size and lot coverage. Mr. Petrish discussed his concerns about the intent of this proposal. Mr. Carlisle suggested that the project be put on hold for three to four years so that the applicant can come back at that time and reapply for a Bed & Breakfast permit. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to table this matter for a maximum of 3 years at which time the application can be revisited by the Council. The City Attorney explained that this motion is in effect denying the applicant with the only advantage to the applicant that new application fees may not be required; he also explained that the order of business is to first address the appeal. The motion and second were withdrawn. Mr. Petrish moved to approve the appeal and to deny the Conditional Use for a Bed & Breakfast. Mr. Sizemore seconded the motion. Mr. Brown, pointing out that this is the first application of this nature, spoke against the motion and in support of the Planning Commission recommendation. Vote: Ayes — Petrish, Sizemore, and Rock. No — Brown, Christiansen, Robinette, and Carlisle. Motion failed. Mr. Christiansen moved, seconded by Mr. Brown, that the appeal be denied and the conditional use application be approved subject to the 11 conditions recommended by the Planning Commission. Vote: Ayes — Sizemore, Brown, Christiansen, and Carlisle. No — Robinette, Rock, and Petrish. Motion carried. Closed Record Meeting — Conditional Use Application — Private Street as Access. Mayor Maxwell opened the Closed Record review of a Conditional Use application to use a private street as access submitted by Mr. John Prosser at 27th Street and "E" Avenue. Mr. Ian Munce, Planning Director, initiated the review of this project by describing the procedural history of this application. The Planning Commission held an Open Record Public Hearing on this matter and concluded with a tie vote with one abstention. Before proceeding, Mr. Carlisle asked that, in light of the regulatory reform regulations, what is the appropriate hearing procedure in a tie - vote situation. After discussion Council agreed to continue in the format proposed by the Planning Director. Using an overhead, Mr. Munce continued with his presentation by describing the street development in the area surrounding Mr. Prosser's property. Rather than developing "E" Avenue or 27th Street as access, Mr. Prosser proposes to put in a private driveway to his property without a requirement to development "E" Avenue. Mr. Nick Petrish stepped down from participating in this matter. Mr. John Prosser, 404 2nd Street, applicant, presented an outline to Council highlighting the purpose of the temporary driveway from 28th and "E" to property located at 27th and "E". The outline also reviewed utility location, future area development, benefits of the conditional use permit, non -opposition to future street development, and neighborhood concerns. He also used an overhead to point out potential development of surrounding property including vacation of surrounding streets and a possible replat proposal. Mr. Prosser concluded with a discussion of the uncertainty of future Pleasant Slope and that the development the temporary drive is appropriate. Mr. Jay Tomasko, 2703 "E" Avenue, asked that as both Mr. Tomasko and a neighbor, Mr. Terry Neils were required to develop access according to City standards and to not waive those requirements for Mr. Prosser. Mr. Terry Neils, 210628 1h Street, discussed utility location and location of 28th street improvements that he was required to install. Mr. Neils also discussed garbage trucks turnaround and use of private drive by utility vehicles; Mr. Munce answered that the driveway would be public right-of-way and available to utility vehicles. Mrs. Robinette initiated Council discussion by proposing a solution as follows: applicant be required to develop 28th Street to the intersection of "E" and 28th Street; she would support a private drive if it connects to a paved intersection. Mr. Munce explained that this proposal is a site specific improvement and within the purview of this conditional use; Condition # 8 would be amended to read: "The remainder of 28th Street between "D" and the east side of "E" Avenues shall be developed to the same standards as that portion of 28th Street recently improved." Mrs. 14 9�ne 21, 1999 - continued Robinette moved to approve the Conditional Use application for a private street as access subject to the conditions recommended by the Planning Commission and as amended. Mr. Brown seconded the motion. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and Sizemore. Motion carried. Mr. Petrish returned to the Council Chambers. . Street Fair Applications Mr: Dave Lervik presented a June 15, 1999 memorandum to Council outlining the street applications received to date: 4'" of July Extravaganza; Shipwreck Days; Eagles Salmon BBQ; Street Dance'99. Mr. Lervik explained that staff will meet with each of the applicants for pre event meetings to discuss applicant responsibilities. Mr. Sizemore moved, seconded by Mr. Rock to approve the Street Fair Applications as presented. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Transportation Plan Ur)date Mr. Ian Munce, Planning Director, addressed the Council. At a previously held Study Session Mr. Munce and Mr. Dave Lervik, City Engineer, presented a draft scope of work and budget to update the City's Transportation Plan. After Study Session discussion on what was appropriate and necessary for the update, a revised proposal was developed and is now before Council to review. Under this proposal, Mr. Munce and MZ. Lervik would coordinate with the County, State, and Regional Transportation Planning organizations and rely more' on City staff working with Planning Commission and volunteers. The goal is to have the technical information available this fall in preparation for funding/grant proposals. Mr. Carlisle proposed that the update be handled as it has in the past with volunteer community participation and in keeping with the $15,000 budget. Mrs. Robinette suggested that the data analysis and collection would be better handled professionally with citizen input at specific intervals in the process. With that, Mrs. Robinette moved, seconded by Mr. Sizemore, to approve the $29,840 budget for the technical update of the transportation plan. Further discussion followed regarding citizen review/input and details of the proposal. Mr. Petrish asked for an update from staff on the "Q", "R" Avenue safety crossing. Vote: Ayes — Robinette, Petrish, and Sizemore. No — Rock, Carlisle, Brown, and Christiansen. Motion failed. West End Reservoir: Cell Pole Lease Mr. Ian Munce, Planning Director, referring the City's Cell Tower Ordinance that encourages the use of facilities away from residential areas and co -location of facilities. US West Wireless has proposed locating on a standard utility pole. The proposal is for $250 a month rising to $437 a month. Mr. Sizemore moved, seconded by Mrs. Robinette to accept US West Wireless proposal to install a utility style pole on the Skyline water reservoir property in order to provide cellular service to the west end of the city. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. There being no further business the Mayor announced that the Council would convene in Executive Session for 45 minutes to discuss personnel issues. At approximately 11:00 p.m. the Council reconvened and without taking any further action adjourned the meeting. G95 ge taian, City Clerk -Treasurer H. Dean Maxwell,Mayor ZfXC"ou�niImeVrnbe4r WE July 6, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of July 6, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mrs. Robinette asked that several corrections be made to the minutes of the meeting of June 21, 1999. Those corrections were to change the reference to Forest Hills on page 2 of the minutes to Forest Ridge, which is the proper name for the Planned Unit Development referenced therein. The other correction was on page 3, paragraph 2 on line 10 following "4,250 square feet" to add "plus a 966 square foot garage". It was moved by Mr. Brown and seconded by Mr. Sizemore that the minutes with the corrections noted by approved. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings No citizens present wished to speak on items not on the agenda. 4 Mavor/Council Communication The Mayor announced that former City of Anacortes employee Kenneth Kinzel had passed away. Mayor Maxwell expressed appreciation for Mr. Kinzel's numerous contributions to the City while he was employed and extended condolences to Mr. Kinzel's family. Ms. Kathy Larson of Puget Sound Energy addressed the Council regarding the potential loss of a credit currently allowed on electrical bills amounting to about 15% of electrical service. She explained that the Northwest Power and Conservation Bill of 1980 gave small electrical users in the Northwest the benefit of the power produced in the Northwest in the form of a credit against the electrical bill. A proposal is now being considered that would reduce this credit substantially. Ms. Larson submitted a letter and resolution to the Council, which the Council indicated they would review and discuss at their next regular meeting. Mr. Christiansen asked that a funding request from the Anacortes Baseball Club be added to the agenda under New Business. Mrs. Robinette reported that she now had the trail landscape plan for the "Q" Avenue project as prepared by Perteet Engineering. Mrs. Robinette asked that a discussion of this matter be placed on the next Study Session agenda. Mr. Petrish asked for a report from Traffic Safety regarding the July 4th activities. In response, Police Chief Mike King reported on number and types of emergency calls. The Ordinance passed by Council restricting fireworks to July 0 did have a positive impact on inhibiting unauthorized fireworks use. Reconsideration of Council Decision —Transportation Plan Highlighting the potential for an increasing number of traffic issues in Anacortes, Mr. Christiansen moved, seconded by Mr. Carlisle to reconsider its decision to deny approval of the staff/Perteet Engineering scope of work for the development of the City of Anacortes Transportation Plan. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Mr. Christiansen then moved, seconded by Mr. Sizemore, to approve the full Perteet proposal for the Transportation Plan for the City of Anacortes. Mr. Carlisle detailed the development of the past citizen -driven transportation plans. He suggested that community volunteers and professional engineering support from the State of Washington be utilized in the development of the Plan. Mr. Petrish asked that "Q" Avenue and Commercial Avenue pedestrian traffic be highlighted in the study. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Consent Agenda Approval of Vouchers/Cancellation of Warrant Mr. Carlisle moved, seconded by Mr. Rock 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, 1999 and July 1, 1999 are approved for payment as of this date, July 6, 1999. Council vote was unanimous. Claims Warrants Jul, 1999: Warrant Numbers 3298 through 3522 in the total amount of $361,779.71 Payroll Jun, 1999 Warrant Numbers 14849 through 14997 in the total amount of $349,772.16 Prewritten Claims Jun, 1999: Warrant Numbers 2861-2862, 3106-3109, 3293 in the total amount of $59,414.31 Council cancelled Warrant Number 1728 in the amount of $45.00 and Warrant Number 2925 in the amount of $156.00 Council adopted Resolution No. 1513 entitled "Resolution Authorizing Execution of a Franchise Agreement by and between the City of Anacortes and rural Skagit Sanitation for the purpose of Solid Waste Collection in Annexed Areas." 1 4-IQly 6, 1999 - continued Council adopted Ordinance No. 2495 vacating a portion of an alley between 16th and 17th Streets and Commercial and O Avenue. Closed Record Meetina — Woods Addition Preliminary Plat Mayor Maxwell opened the Closed Record meeting for the Woods Sunset Cove Preliminary Plat application. This is a proposed 35 -lot replat of a portion of the Woods Addition of Anacortes together with the reconfiguration of Warren Avenue to connect with Sunset Avenue to Observation Avenue as well as to the Sunset Cove Planned Unit Development to the north. The application is made by Sunset Cove Development LLC and the property is zoned R 2. Mr. Ian Munce, Planning Director, reported to Council that this project was initiated in 1985. Using an overhead Mr. Munce pointed to neighboring Shannon Point Lab, Washington Park, and the Skyline Subdivision. Also noted was the fact that Council had recently approved in concept a Sunset Cove easement that will result in an expanded public access along shoreline to beach area. The easement approval was subject to the developer following up with the Planning Commission with a new design that incorporated that access. The new design went back to the Planning Commission. One condition associated with the Sunset Cove project was the requirement that a new access road be developed from Sunset Avenue to the project area. The applicant has offered to reconfigure the Warren Avenue access with the benefits accrued to the Woods addition property to the south. The reconfigured boulevard will have center area landscaping to be maintained by the homeowners association. The location of the 20' wide emergency access to Shannon point road shown on the project map is tentative. With these new road configurations the Planning Commission added a condition that abutting property owners must sign off on any street vacations before development can proceed. There were no appeals to the Planning Commission recommendation to approve the project subject to 25 conditions. In addition, the applicant will install curbs, gutters, and sidewalks along project frontage to connect with Washington Park. Mrs. Robinette suggested two amendments to the conditions. With that Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the Woods Addition Preliminary Plat application subject to 25 conditions recommended by the Planning Commission and amended as follows: (24) A 10 -foot wide public access easement for the Cross -Island Trail shall be provided through the southerly buffer along the south property line from Warren Avenue to Puget Way and along Observation Avenue between Warren Avenue and Shannon Point Road"; add, (26) Warren Avenue shall be constructed to full City standards from Sunset Avenue to Observation Avenue, Observation Avenue, shall be paved to full City standards as shown on the final development plan drawing, Warren Avenue shall be used for all construction traffic, and a 20 -foot fire and emergency access lane connection shall be installed to the Fire Chief's specifications from the end of the proposed paving on Observation Avenue to Shannon Point Road. This 20 -foot lane shall be located at the south edge of the right-of-way and shall be posted as a fire and emergency access lane only." Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Public Hearina: Appeal of Traffic Safetv Committee Decision on Kansas Mayor Maxwell opened the Public Hearing on an appeal of a Traffic Safety Committee decision. The Committee voted to deny a neighborhood request to stop traffic on Kansas with the installation of a 4 - way stop at Kansas Avenue at 6th Street West in the Northern Pacific Addition. Instead, on June 6, 1999 the Committee voted to install stop signs on the side streets of 5th and 6th Street west. Mr. Pemberton then characterized the purpose and authority of the Traffic Safety Committee. Mr. Pemberton further referenced the State of Washington Model Traffic Ordinance with regard to the authority of the City Engineer. Mr. Jerry Trumbell, 3607 West 6th, said that the traffic hazards in the area have worsened since the installation of the stop signs by the City. Ms. Patsy Broussard, 1620 Kansas Avenue, described the housing development history of the area. Ms. Broussard strongly emphasized the safety hazards for the children in the area and recommended a traffic transition stop from one development to the other. Ms. Broussard also questioned the outlet truck route for the Rock Ridge West project. She asked that the Council approve the 4 -way stop request. Mr. Mike Ferrett, 3513 West 7th Place, asked for a 4 -way stop suggesting that this would make a natural transition from an arterial to the secondary streets. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Christiansen outlined the functions of the City staff and the Traffic Safety Committee to enforce the code and various regulations. Having reviewed the situation Councilmembers spoke in favor of the 4 - way stop. Mrs. Robinette highlighted the conditions imposed on adjacent developments and emphasized the need for another traffic outlet. With that, Mr. Petrish moved, seconded by Mr. Brown, to install a 4 - way stop at Kansas and West 6th Street. Mr. Carlisle moved to amend the motion to have the stop signs be installed no later than 5:00 p.m. Wednesday, July 7th. Motion died for lack of a second. Mr. Sizemore said he would support the 4 -way stop but that additional access must be addressed. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. For purposes of public comment on these issues, Mr. Ian Munce, Planning Director, described the hearing schedule for the Rock Ridge Preliminary Plat. Surplus: Citv Vehicles Mr. Carlisle moved, seconded by Mr. Petrish, that the four City vehicles listed in 'a June 16, 1999 memorandum from Mr. Doug Terry, Manager of Facilities and Equipment be surplused. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Mrs. Robinette asked for a report on the revenue from the sale of the vehicles. July 6, 1999 - continued 1470 Shop Storaae Garaae Doors Mr. Jim Pemberton, Director of Public Works, presented a request to Council to award the maintenance shop overhead electric door bid to Mount Baker Door for replacement doors in six bays. Mr. Doug Terry, Manager of Facilities and Equipment described the type of door to be installed and described the need for the door replacement. With that Mr. Sizemore moved, seconded by Mr. Carlisle, to award the bid to Mount Baker Door for new doors for the maintenance facility shop. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Closed Record Meetina : Western Wireless Conditional Use Mayor Maxwell announced that the closed record meeting for the Western Wireless Conditional Use Permit application has been continued to Tuesday, September 7, 1999. Fundina Request Mr. Christiansen presented a funding request of $2,500 from the Anacortes Baseball Club to defray costs for the promotion of a baseball tournament that will bring 8-10 teams to Anacortes starting July 23, 1999. Mr. Petrish moved, seconded by Mr. Rock to approve the funding request. The City Attorney, Mr. Steve Mansfield, said that he will review the statute with regard to the use of Hotel/Motel tax revenue source. Mrs. Robinette suggested that other groups be given the opportunity to make funding requests from the Hotel/Motel Tax revenue. Mr. Brown clarified that the tournament will bring in tourist to the community. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Rock, and Carlisle. No — Robinette. Motion carried. At approximately 9:20 p.m. the Mayor announced that this meeting would be continued to Thursday, July 8, 1999 at 5:00 p.m. for the purpose of conducting a site visit in conjunction with the proposed Anacortes School District parking lot conditional use application. No testimony will be taken and the continued meeting will be adjourned at the conclusion of the site visit. /org7etaia?n,City Clerk -Treasurer H. Dean Maxwell, M or _ � n Councilmember 147' July 19, 1999 Meeting was called to order by Mayor Dean Maxwell at 7:30 p.m. Roll call. Present: Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Absent: Rock. Minutes of Previous Meetinq It was moved by Brown and seconded by Sizemore that the minutes of the July 6, 1999, City Council Meeting be approved. Ayes- Petrish, Sizemore, Brown, Christiansen, Robinette, Carlisle. Citizen's Hearings None. Mavor/Council Communication Mayor Maxwell handed out to the City Council a tentative schedule for budget meetings. He pointed out that the meetings would be held in the day time unless City Council members felt differently. He asked for input from the City Council if they had any problems with the proposed meeting schedule. Mrs. Robinette indicated she had received comments from citizens regarding the proposed Rock Quarry Contract. She had prepared a memo which she distributed to Council members at this time. Mr. Petrish asked questions of Dave Lervik concerning correspondence between Mr. Lervik's office and the Highway Department. He was concerned that references in the letter were to a traffic signal at Q Avenue and R Avenue when it should be Q Avenue and Commercial Avenue. Mr. Lervik indicated that matter would be corrected. Mr. Sizemore expressed concern about the recent newspaper article relating to an offensive sign and dismissal in District Court of charges against the person holding the sign. Mr. Mansfield indicated he was reviewing the problem. Mr. Mansfield will report back to the City Council at a future study session. Unfinished Business: Contract Modifications to the Waste Manaqement Franchise. A resolution was introduced to modify the Franchise Agreement between the City of Anacortes and Waste Management, Inc. to provide for weekly curbside recycling collection and to modify the yard waste collection provisions. This franchise will be presented for final action to the City Council on August 2, 1999. Resolution Declarino Obiection to Bonneville Powers' Allocation Plan. A resolution objecting to Bonneville Powers proposed power allocation plan was introduced by Mayor Maxwell. It was moved by Carlisle and seconded by Brown that Resolution No. 1514, entitled "A Resolution Declaring the Anacortes City Council's Objection to the Bonneville Power Administration's Current Power Allocation (subscription plan, and insisting that the Bonneville Power Administration fulfill its statutory obligation to provide equitable power benefits to all residential and small farm utility customers in the Pacific Northwest" be adopted and approved. Ayes: Sizemore, Brown, Christiansen, Robinette, Carlisle, and Petrish. 1999 Street Overlav Bids. Mr. Lervik presented the bids received for the 1999 Street Overlay Project. The low bid received was CSR Associated from Everett, in the amount of $241,200.18. In response to a question from Mrs. Robinette, Mr. Lervik outlined the process used to select the streets which will be overlaid. It was moved by Sizemore and seconded by Brown that the low bid of CSR Associated in the amount of $241,200.18 be accepted. Ayes: Brown, Christiansen, Robinette, Carlisle, Petrish, and Sizemore. Consent Aaenda Mrs. Robinette requested that item 6C, Findings of Fact and Conclusions of Law for the Cline Bed & Breakfast Conditional Use be removed from the consent agenda. It was moved by Carlisle and seconded by Sizemore that the Consent Agenda be approved. Consent Agenda consists of the following: 1. Approval of claim warrants for the month of July in the amount of $361,100.43 2. Approval of Resolution No. 1515, entitled "A Resolution Fixing a Time When a Petition for a Vacation May be Heard and Determined by the City Council and Setting a Public Hearing Date" which sets a public hearing date of August 16, 1999, for the vacation of a portion of the alleyway in Block 59, map of the City of Anacortes. 3. Approval of Findings of Fact and Conclusions of Law and decision thereon on John Prosser's Conditional Use Permit for a private street access to one single family home. 4. Approval of Findings of Fact and Conclusions of Law and decision thereon on Sunset Cove's development proposal for the preliminary plat of Wood's Sunset Cove addition together with a new final development plan for Sunset Cove Planned Unit Development. 5. Approval of Ordinance No. 2496 entitled "An Ordinance Authorizing and Directing the Establishment of a Four -Way Stop at the Intersection of West 6`h and Kansas". 6. Approval of Ordinance No. 2497 entitled "An Ordinance Adopting the Washington Model Traffic Ordinance "MTO" as Contained in the Washington Administrative Code, Chapter 308-330 WAC to Regulate Traffic in the City of Anacortes and Repealing Section 1 and Section 2 of Ordinance No. 2324". Ayes: Christiansen, Robinette, Carlisle, Petrish, Sizemore, and Brown. July 19, 1999 - continued After discussion, in which Mrs. Robinette pointed out several corrections that needed to be made to the Findings of Fact and Conclusions of Law and decisions thereon on Roger and Jean Cline's Conditional Use Permit for a bed and breakfast establishment in the R2 Zone, it was moved by Mrs. Robinette and seconded by Brown that said Findings of Fact and Conclusions of Law and decision thereon be approved. Ayes: Robinette, Carlisle, Petrish, Sizemore, Brown, and Christiansen. New Business Closed Record Meeting/Anacortes School District Conditional Use — Parkinq Lot at Hiqh School. Mayor Maxwell advised the Council that said closed record meeting was continued to August 16, 1999. Public Hearing for Capital Facilities Plan (CFP). Mayor Maxwell opened the public hearing on the proposed Capital Facilities Plan. No public comment was offered and said public hearing was closed by Mayor Maxwell. Mr. Khtaian explained the process that has been followed in developing the Capital Facilities Plan. After discussion it was moved by Mr. Christiansen, and seconded by Mr. Brown that Ordinance No. 2498, entitled "An Ordinance Adopting the Capital Facilities Plan (CFP) for the six year period 2000-2005" be approved. Ayes: Carlisle, Petrish, Sizemore, Brown, Christiansen and Robinette. 1999 Budoet Amendment Ordinance. It was moved by Brown and seconded by Carlisle that Ordinance No. 2499 entitled "An Ordinance Amending Ordinance No. 2477 approved and adopted on December 14, 1998 and entitled "An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 1999" be approved. Ayes: Petrish, Sizemore, Brown, Christiansen, Robinette, and Carlisle. Street Fair Applications. Mr. Lervik explained that two applications for street closures were in front of the Council. The first application was for Steam and Gas Engine Day which requests the use of R Avenue from 7`h Street to 91h Street from 7:00 a.m. on Saturday, September 18`h to 6:00 p.m. on Sunday, September 19th. The second application was from the Vintage Chevrolet Club of American which is requesting to close off N Avenue from 7th Street to 8th Street to display vehicles to be held on August 611. It was moved by Sizemore and seconded by Carlisle that permission for the requested street closures be granted. Ayes: Sizemore, Brown, Christiansen, Robinette, Carlisle, and Petrish. Saturdav U -Haul Garbage Proposal. Mr. Terry explained a proposal to provide garbage disposal services to Anacortes City residents on the second Saturday of each month from March through October of each year. City residents would be allowed to bring waste materials to the shop facility and dispose of it at a cost of $15 per loose cubic yard which costs would be billed to the residents on their utility bills. The City would also receive larger items such as sofas, washing machines, etc. but would not accept items such as refrigerators that might contain hazardous substances. It was moved by Sizemore and seconded by Christiansen to approve the proposed program. Ayes: Brown, Christiansen, Robinette, Carlisle, Petrish, and Sizemore. Executive Session Mayor Maxwell announced that a 15 minute executive session would be held to discuss a proposed land sale and that the meeting would be adjourned immediately following the executive session with no action being taken. G ge Khtq(an, City erk-Treasurer �A M H. Dean Maxwell, Mayor / Q.. Councilmember 147-2 1 0 gust 2, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of August 2, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of July 19, 1999 be approved as if read. Vote: Ayes – Petrish, Sizemore, Brown, Christiansen, Robinette, and Carlisle. Abstain: Rock. Motion carried. Citizen Hearinas No citizens present wished to speak on items not on the agenda. Mavor/Council Communication The Mayor announced that there will be a Public Hearing on the evening of Wednesday, August 4, 1999, 7:00 p.m. in the Municipal Building Council Chambers. The Hearing will be held to take public comment on the City of Anacortes Transportation Plan update. The Hearing will be, facilitated by Perteet Engineering. Mayor Maxwell then introduced Michelle Deaton, recipient of the Mayor's Award of Merit. As an exceptional employee Mrs. Deaton has displayed outstanding qualities with regard to customer service and Building Department support; additionally she has pursued advancement in her field and has been certified as a permit technician. In recognition of her service to the City the Mayor presented Mrs. Deaton with a gift certificate. Mrs. Deaton's name will be added to a commemorative plaque at City Hall. Mr. Christiansen reported that City Council/Planning Commission working group met last week to finalize revisions to the Fidalgo Bay Plan, focusing in particular on Subarea 3. Mr. Christiansen also recognized the participation and expertise of Council member Robinette and Commission member Mrs. Cynthia Richardson. Mrs. Robinette reported that the Planning Commission will hold a Public Hearing on the Fidalgo Bay Plan on Wednesday, September 1, 1999 at 7:30 p.m. in the Municipal Building Council Chambers. Ordinance/Franchise for Curb Size Yard Waste Collection Mayor Maxwell introduced Ordinance No. 2500 entitled "An Ordinance Granting a Franchise for Curb - Side Yardwaste Collection within the City Limits." Having previously reviewed this matter in Council Study Session, Mr. Sizemore moved, seconded by Mr. Carlisle to adopt Ordinance No. 2500. Vote: Ayes – Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Ordinance/Customer Haul Garbaae Disposal Mayor Maxwell introduced Ordinance No. 2501 entitled "An Ordinance Creating a New Category of Solid Waste Disposal Service and Amending Section 3 and Section 7 of Ordinance No. 2439, passed and approved on the 17th day of November, 1997, and entitled 'An Ordinance Setting Fees for Pickup of Residential and Commercial Refuse and Yard Waste.' " In order to provide expanded refuse pickup service the City shall operate a waste disposal collection center at the City's Maintenance Facility, 37th Street and "D" Avenue. Discussion followed regarding dumping refrigerators/freezers. The collection center will be open on the 2"d Saturday of each month for five months beginning on August 14th. With that, Mr. Brown moved, seconded by Mr. Rock, to adopt Ordinance No. 2501. Vote: Ayes – Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. PSE Transformer Uoarade – Water Treatment Plant Mayor Maxwell presented a July 22, 1999 Memorandum from Jim Pemberton, Director of Public Works, to Council. The Memorandum outlines the background, financial impact, and recommendation regarding a Service Voltage Conversion Agreement between the City of Anacortes and Puget Sound Energy to upgrade the electrical supply to the Water Treatment Plant to 115 kilovolts. The upgrade, in effect, would result in a new electrical substation at the Treatment Plant. Following discussion of contract language and reimbursement costs, Mrs. Robinette moved, seconded by Mr. Carlisle to authorize the Mayor to enter into the Service Voltage Conversion Agreement with Puget Sound Energy for the electrical supply upgrade. Vote: Ayes —Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Consent Aaenda Approval of Vouchers/Cancellation of Warrant Mr. Christiansen moved, seconded by Mr. Rock, 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, 1999 and July 29, 1999 are approved for payment as of this date, August 2, 1999. Council vote was unanimous. Claims Warrants Aug, 1999: Warrant Numbers 3722 through 3909 in the total amount of $296,985.13 Draw Payroll Jul, 1999 Warrant Numbers 14998 through 15049 in the total amount of $26,637.80 August 2, 1999 - continued MEW Council cancelled Warrant Number 14885 in the amount of $450.87 and Warrant Number 3190 in the amount of $478.16 Bid Award: Foam Iniection Svstem — Fire Department Fire Chief Richard Curtis presented a request to Council to approve the low bid of $25,256 from United Fire Service for the installation of two foam injection systems. The request comes as a result of meetings held over the last year with the Fire Department, Port of Anacortes representatives, and private marina owners to discuss more effective foam delivery on marina docks. The City has received financial commitments from the Port, a ship builder, and various marina owners for the purchase and installation of the two systems. Although to date total contributions fall short of the needed $25,256, Chief Curtis explained that additional funding will be actively pursued so that both systems can be installed. Emphasizing the need for this additional safety feature, Mr. Sizemore moved to accept the low bid from United Fire Service for the purchase and installation of two foam injection systems. Money is currently available for the purchase of one system with funding to come for the second. Mrs. Robinette seconded the motion. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Public Hearina: Street Vacation —12' of "V" Avenue Mayor Maxwell opened the Public Hearing on a Petition to Vacate filed by Don McKee and Edna Kilgore for the vacation of 12' of "V" Avenue abutting the Kilgore property in Block 30, Beale's Maple Grove and the Mc Kee acreage to the east in the general vicinity of 35th Street to the Highway 20 right-of-way. Mr. Ian Munce, Planning Director, used an overhead to highlight the existing "V" Avenue 80' right-of-way; there are no utilities involved, and "V" Avenue can not be extended south because of Highway 20. In any future development the maximum right-of-way needed would be 50'. Using the overhead Mr. Munce drew attention to the separately owned property to the south of McKee's parcel; this parcel contains a few feet of access on the existing "V" Avenue right-of-way. The Board of Adjustment recommended to Council that the vacation petition be granted. There were no comments from either the petitioner or members of the audience and the Mayor declared the Public Hearing closed: Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the Board of Adjustment recommendation to vacate the following right-of-way: The west twelve feet of "V" Avenue abutting Block 30, Beale's Maple Grove Addition to the City of Anacortes, except alley and the east 12 feet of "V" Avenue, Beale's Maple Grove Addition, lying g south of the south right-of-way line of 35th Street to a point lying 133 feet south of the centerline of 36t Street extended, except that the small triangular piece of property at the south be provided access as required. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Public Hearing: Allev Vacation — Cranberry Heights Phase I — Hawkinas Mayor Maxwell opened the Public Hearing on a Petition to Vacate filed by Mr. and Mrs. Ed Hawkings to vacate the alley lying between Blocks 1114 and 1115 of the Northern Pacific Addition, and lying within Lot 22 of Cranberry Heights Phase I. Mr. Ian Munce, Planning Director, through a series of overhead displays, described the two elements of this proposal. The first part involves the re -surveyed portions of the Northern Pacific Addition plat now known as Cranberry Heights Addition, Phase I. The subject alley was incorporated into Lot 22 of Phase I but was not formally vacated at the time the re -survey was recorded. As compensation for the alley, Mr. Hawkings has offered to convey stormwater detention pond and wetland area with walking path to the City in public ownership. There were no public comments or testimony and the Mayor declared the Public Hearing closed. On a question from Mr. Petrish, the Petitioner, Mr. Ed Hawkings, 1102 Markwood Road, Burlington, said that the remainder of the alley between Blocks 1114 and 1115 is improved and alternate access from the east would be provided. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the Board of Adjustment recommendation to vacate the alley between Blocks 1114 and 1115 of the Northern Pacific Addition and to accept the compensation proposal to convey the detention pond and wetland to the City. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Quarry Contract Mayor Maxwell initiated a review and discussion on finalizing the contract between the City of Anacortes and Lakeside Industries for the removal of quarry rock. The Mayor pointed out that the terms of the contract have been studied and discussed during previously held Council study meetings and workshops. Referencing her Memorandum of August 2, 1999 Mrs. Robinette proposed $50,000/year minimum, a 15 -year maximum contract length, and a dollar/yard multiplied by the PPI over the last five years. Discussion followed regarding an appropriate length of contract. Mr. Sizemore pointed out that the distance to the marketplace determines value of dollar/yard amount. Mr. Carlisle suggested that in Section 3.02 Fixed Minimum Annual Pavment, next to the last sentence should read: "If 'Blank' worth of material is not removed in one year the advance payment can carry over to future years." The last sentence in that Section should read: "At the end of the contract no money will be refunded to the purchaser if they have not extracted all the material paid for in advance." Referencing Section 3.03 Rer)ortinq., Mr. Carlisle asked how much a photogrammetric survey would cost. In response to Council questions Mr. Munce explained that the basic agreed-upon terms will remain in draft form for Lakeside review. The contract will come back to Council for any language changes and to determine where the 14 A'g ust 2, 1999 - continued money shall be distributed. Mr. Christiansen moved to propose: $50,000 per year minimum, a 20 -year maximum contract length, a dollar/yard for material, and a transfer of 10 acres. Mr. Brown seconded the motion. Vote: Ayes — Carlisle, Sizemore, Brown, Christiansen, and Rock. No — Robinette, and Petrish. Motion carried. Bid Award — Depot Restoration Proiect Mayor Maxwell asked Mr. Petrish to leave the Council chambers during the deliberation/decision on this matter. Mr. Dave Lervik, City Engineer, then presented Council with a request for a bid award to M & M Building and Design, Inc. in the amount of $79,940 for the Depot Art Center restoration work specified. In 1996 the City, as Lead Agency, successfully applied for a $32,000 ISTEA grant for this project. The Depot Art Center has secured a line of credit through InterWest Bank for the project costs in excess of the ISTEA funds. In light of the historic significance of this community building Mr. Rock asked for a more detailed description of the work to be done. Mr. Lervik will circulate this information to Council. With that, Mrs. Robinette moved, seconded by Mr. Carlisle, to award the contract. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Mr. Petrish returned to the Council Chambers. 4 36" Waterline Assessment - Contract Mr. Ian Munce, Planning Director, opened this item by explaining that the primary water supply for Fidalgo Island, the refineries, and the City of Anacortes is the 36" waterline that comes off the Skagit River underneath the Swinomish Channel to Sharpes Corner.' Some 20 years ago Mr. Ken Youngsman proposed a marina adjacent to that 36" line. Most recently, work done via Mr. Youngsman's grade and fill permits has placed fill over the 20' City waterline easement with approximately 11' of cover over the waterline. The City raised issues with the County relative to holding the applicant accountable with regard to the integrity of the waterline. The County declined and deferred the matter to the City. Mr. Youngsman now would like to maintain eelgrass beds adjacent to the waterline, build structures close to the waterline, and locate his septic tank drainfield in the 20' easement. The City has filed a lawsuit relative to the current easement encroachments continuing to raise environmental issues with the County, Department of Ecology, and Corps of Engineers regarding future encroachments. These circumstances give rise to the question, what is the current status and integrity of the waterline. The proposal before Council is to retain Montgomery Watson for an assessment of the waterline in the contract amount of $53,964. Mr. Munce pointed out that this is a ratepayer issue and the costs shall be shared. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to enter into the assessment agreement with Montgomery Watson in an amount not to exceed $53,964. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. "Q" Avenue Construction Contract — Construction Phase Supplement Mr. Dave Lervik, City Engineer, announced that awarding the "Q" Avenue Reconstruction Project Contract has been scheduled for August 16, 1999 rather than for August 9, 1999 as previously announced. Mr. Lervik then explained that the design and right-of-way acquisition phase of the "Q" Avenue reconstruction project is complete. Mr. Lervik also said he would distribute to Council an updated construction schedule. The project will occur in 4 segments with each segment to be completed and open to traffic before the next segment begins. Specific attention will be paid to Ace Hardware access. The Perteet Engineering contract supplement now before Council will provide for construction administration services for the "Q" Avenue project. Mr. Carlisle moved, seconded by Mr. Brown, to approve the contract supplement. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Van Buren Easement Mayor Maxwell announced that this item will be rescheduled from the August 9, 1999 Study Session to the August 23, 1999 Study Session. The August 9th meeting has been cancelled. There being no further business, at approximately 9:20 p.m. the meeting was adjourned. Geor ht ' n, Ci Clehk-Treasurer H. Dean Maxwell, M14yor G�p g�� (,P1 \r r�nAAN D Councilmember 147-7 August 16, 1999 1478 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of August 16, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Petrish asked that the following correction be made to the minutes of August 2, 1999: Quarry Contract, last sentence — Vote: Ayes — Carlisle, Sizemore, Brown, Christiansen, and Rock. No — Robinette, and Petrish. With that change, Mr. Sizemore moved, seconded by Mr. Brown, that the minutes of August 2, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to speak on items not on the agenda. p' ?O/a/A/O/� O/:J/ i✓:.I;�:f'/ %a/.q/O/00/�C/OY O/O/.,a olVlayor/Council C:ommun�ca�iono 7%a:�iaioioov sunra:.a raiv.,�/oviaioiai /oovi� Mavor's Award: Library Summer Readinq Proqram Mayor Maxwell invited Ms. Rae Kozloff, Assistant Director for Children's Services and4Community Programs, to introduce the recipients of the Mayor's Award for the Library Summer Reading Program. Ms. Kozloff first announced the Channel 10 broadcast schedule of the Award Ceremony, and then announced that new library design plans are on display at the library and comments and suggestions are welcome. Ms. Kozloff then explained !_ t�iat the summer reading program is designed for beginning readers so that their newly acquired skills will be retained over the summer. 75 students, ages 5-13 qualified for the Mayor's Award. Funding is provided by the Friends of the Library together with donations of time and energy. Additionally, the Anacortes Fidalgo Island Rotary Club also donated funds to purchase books to be awarded as prizes. Mr. Kelly Larkin of the Rotary Club presented this donation to Ms. Kozloff. With that, Ms. Kozloff called the names of the award winners who then came forward to shake the Mayor's hand and to receive their award. A group photo concluded the ceremony. Recoqnition of Volunteer Contribution In an effort to recognize the many contributions of community volunteers, Mayor Maxwell publicly thanked: Mr. ,:)ordon Bruchner with the City Engineering Department for the installation, on his own time, of over 400 blue reflectant hydrant markers; Mr. Ryan Austin who, as part of an Eagle Scout project, conducted an inspection and light maintenance of 678 fire hydrants within the City; and Mr. Bill Wooding, who donated the excavation and removal of fill at the Skate Board Park and recently completed the excavation for the new Police facility. Council and the audience applauded the three volunteers. Board Appointments The Mayor announced his appointment of Mrs. Laura Burton to the Museum Board and of Mr. Rick Boge to the sorest Board. Mr. Christiansen reported on the success of the first Self -Haul collection Saturday at the City Maintenance Facility. This is collection site provides an opportunity for citizens to haul refuse away without having to go to the County mcility. The next collection date is September 11, 1999, 9:00 a.m. to 1:00 p.m. IM r. Carlisle encouraged Anacortes citizens driving down Oakes Avenue/12`h Street to slow down and let drivers waiting on the side streets to enter the flow of traffic. This would send a message of consideration during heavy ferry traffic flows. Conservation Easement Approval (5 Memorial Groves) Mr. Gary Robinson, Director of Parks and Recreation, presented this item to Council. Mr. Robinson explained that program exists for individuals donating $5,000 or more towards the Conservation Easement Program. In return the City will place a Conservation Easement on a select piece of the Forestlands. These easements ensure that the ;property will be restricted and will not be sold, logged, or mined. The first five Easements are now before Council for approval. Mrs. Robinette complimented the package of information given to the donors; the Skagit Land Trust prepared the material. With that Mr. Brown moved, seconded by Mr. Rock, to approve the Five Memorial Grove Donations. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. 110r. Robinson expressed appreciation to the Mayor, Council, Skagit Land Trust, and Friends of the Forest for their support of this program. Mr. Robinson then directed attention toward a map posted in the Council Chambers depicting the Memorial Groves. Mr. Robinson then recognized Sun Healthcare Systems, William and Harriet Knudson, Betty Knudson, Jean Copeland, Glen Dobers, and E.M. Strump; Jim and Kay Eberhardt; and Jay Hamm and Kathryn Alexandra. At the invitation of Mrs. Robinette, Mr. Richard Treston, on behalf of the Friends of the i=orest, thanked the donors for their vision to preserve the forestlands for future generations. Consider Cape Seal Bids Mr. Jim Pemberton, Director of Public Works, presented a recommendation to Council to award the Cape Seal Bids to Blackline, Inc., Spokane, in the amount of $26,090.00. The 1999 Cape Seal Project consists of a portion of Goon Way and Kingsway east of Anaco Beach Road. Mr. Rock so moved, seconded by Mr. Carlisle. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Consider Bids "Q" Avenue Mr. Dave Lervik, City Engineer, referencing his August 12, 1999 memorandum to the Council, reported the bid results for the "Q" Avenue Reconstruction Project. The apparent low bidder is NW Construction in the amount of $1,703,470.55. Mr. Lervik then described two bid irregularities; (1) signature space not provided on the proposal, and (2) the low bid contained a mathematical error which has been corrected and does not affect the low bid. Further, the unusually low unit price of $0.01/ton of "Select Borrow, including haul" is in order. References have been checked with positive results. The Mayor emphasized that this project is funded primarily through grant funds. If the bid is awarded a pre -construction meeting will be held to determine suggested street closures and overall schedule. This information will be brought back to Council. With that, Mr. Brown moved, seconded by Mr. 1474616, 74616, 1999 - continued Sizemore to accept the NW Construction bid in the amount of $1,703,470.55. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Petrish to approve the following consent agenda items. The vote was unanimous. Approval of Vouchers/Cancellation of Warrant 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, 1999 and August 8, 1999 are approved for payment as of this date, August 16, 1999. Claims Warrants Aug, 1999: Warrant Numbers 3916 through 4065 in the total amount of $262,616.87 Prewritten Claims Jul, 1999 Warrant Numbers 3294-3297,3523-3525 in the total amount of $38,829.63 Payroll .. Jul, 1999 Warrant Numbers 15050 to 15193 in the total amount of $284,377.47 1. Council cancelled Warrant Number 3721 in the amount of $295.00 Council adopted Resolution No. 1516 entitled "Resolution Amending Resolution No. 1463, dated February 2, 1998 by Adjusting Various Petty Cash and Change Funds." Council adopted Ordinance No. 2502 entitled "An Ordinance Vacating a Portion of "V" Avenue within the City of Anacortes." Council adopted Ordinance No. 2503 entitled "An Ordinance Vacating a Portion of the Alley between Blocks 1114 and 1115, Northern Pacific Addition to the City of Anacortes." Public Hearinq — Vacation Petition — Portion of Allev in Block 59, Anacortes Oriqinal Mayor Maxwell opened the Public Hearing on a Vacation Petition submitted by Daniel Sands, 1110 10th Street, to vacate the alley abutting the East 10' of Lot 15, and Lots 16 and 17 to the south, and the East 10' of Lot 6 and Lots 4 and 5 to the north, all in Block 59, Anacortes Original. The Board of Adjustment conducted a Public Hearing on this matter and voted to recommend approval of the vacation subject to an easement to be provided for the sanitary sewer, and subject to the condition requiring Mr. Sands to guarantee accessibility of the sanitary sewer clean-out if he constructs outbuildings in the vacated alley. Staff reported that there were no impacts to sanitation schedule or pickup from this vacation petition. As a side issue Mr. Pemberton discussed the sewer line on the US Bank property. After discussion, Mr. Petrish moved, seconded by Mr. Carlisle, to approve the Vacation Petition subject to the conditions recommended by the Board of Adjustment. Council asked Mr. Pemberton to report to the Council on the sanitary sewer line and sanitation service issues. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Closed Record Meetina: Conditional Use — Bed & Breakfast —1811 9th Street Mayor Maxwell initiated the Closed Record meeting on a Conditional Use Application submitted by Carlton and Creamola Manning to add a 3rd room to their 2 -room Bed & Breakfast (B&B) establishment at 1811 9th Street. Mr. Ian Munce, Planning Director, explained that Bed & Breakfast establishments are allowed in any residential zone in Anacortes provided a Conditional Use Permit is secured. The owner must live on the premises and up to 6 rooms can be used for the B&B. If the proprietor wishes to add rooms to the permitted allocation, a Conditional Use permit is again required for the additional room or rooms. The Mannings are asked for a third room allocation. Neighbors within 300 feet were notified of the application and an Open Record Public Hearing was held before the Planning Commission. The Planning Commission voted to recommend approval subject to standard conditions together with specific language regarding the required 5 off-street parking spaces. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to approve the Conditional Use Permit to add a 3rd room to the Blue Rose Bed & Breakfast at 1811 9'h Street. Councilmembers commented on the success of this Bed & Breakfast Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Closed Record Meetina: Conditional Use — Hiahwav Sian — San Juan Pools Mayor Maxwell initiated the Closed Record Meeting on a Conditional Use Application submitted by San Juan Spas & Pools for a Highway Sign at 12549 Christenson Road, an area recently annexed by the City of Anacortes. By way of background, Mr. Ian Munce, Planning Director, explained that specific signage and landscaping standards for the annexed area will be developed by the Planning Commission over the coming year; however, there are established retail uses in this area that pre -date the City's zoning control. The San Juan Spas and Pools is just such a business. The Planning Commission reviewed the application in an Open Record Public Hearing and recommended that the use be allowed on a temporary basis for two years. Questions followed regarding signage on State Highways and the need for development of a joint City/State review process. Mr. Petrish spoke against this type of "balloon" sign. After discussion of Highway 20 billboard signs, Mr. Carlisle moved, seconded by Mr. Sizemore, to authorize temporary approval the Conditional Use application for a "blimp" advertising sign at 12549 Christenson Road for a period of two years. Vote: Ayes — Carlisle, Sizemore, Brown, Robinette, and Rock. No — Petrish, and Christiansen. Motion carried. Closed Record Meetina — Conditional Use — Hiahwav Sian — Sevieri & Co. Mayor Maxwell initiated the Closed Record Review of a Conditional Use application submitted by Sevieri & Co. for a pole sign at 627, Summit Park Road, an area recently annexed into the City. Sevieri & Co., is a log home business located along Highway 20. The scale and scope of the proposed advertising sign is based on the higher 1� August 16, 1999 - continued speed limit along the Highway thereby requiring a larger sign. The Planning Commission held an Open Record Public Hearing on this matter and voted to recommend approval of the sign. Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the sign as presented in the April 2, 1999 application and attachments. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. No — Petrish. Motion carried. Closed Record Meetina — Conditional Use — School District — High School Parkinq Lot Mayor Maxwell initiated the Closed Record Review of a Conditional Use application submitted by the Anacortes School District for a 100-125 space parking lot for the Anacortes High School on 3.2 acres with access from 17th Street and "K" Avenue. The Planning Director, Mr. Ian Munce, reviewed the long history of the parking relationship between the High School and the surrounding neighborhood. The District is proposing to build the upper half of a large vacant parcel adjacent to the existing parking lot to provide for parking with significant setbacks from the wetland area. Mr. Munce then used an overhead display to illustrate that this new lot will also provide parking for Volunteer Park and then turned to the issue of stormwater improvements. The Planning Commission held an Open Record Public Hearing and recommended approval. Mrs. Robinette asked that Condition # 5, Findings of Fact be amended with the addition of the sentence, "These requirements include storm drainage improvements in the vicinity of 11th and "B" Avenue, including modification of manhole and lowering of outfall line to increase outfall capacity of stormdrain, as described in Fakkema and Kingma, Inc. March 1999 and July 29, 1999." Complimenting the School District and City staff on this application and the joint effort to solve storm drainage issues in this area, Mr. Sizemore moved, seconded by Rock, to approve the Conditional Use application for a 100-125 parking lot for the Anacortes High School subject to the conditions contained in the Findings of Fact and Conclusions of Law as amended. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Appeal — Southlands 8 -Lot Short Plat This item has been taped, tapes are available at City Hall. Mayor Maxwell opened the Public Hearing on the appeal of the Subdivision Administrator's approval of an 8 -lot Short Plat at Haddon Lane just east of "O" Avenue known as Southlands. Mr. Ian Munce, ,Planning Director, provided. the background on this issue. State law requires that before lots can be sold, the property has to be formally divided and public facilities provided. Short plats from 5-9 lots are a more comprehensive short plat process requiring SSPA review, notice to neighbors, with an expanded public process providing for clear opportunity to appeal the decision to the City Council. Mr. Munce then provided an overhead display showing the 8 -lot configuration on approximately 9 acres. This project has met the minimum City requirements. The applicant initially considered a full subdivision of 20 of more lots. After the applicant discussed this project with the neighbors the proposal was reduced to 8 -lots and processed administratively through staff review and Subdivision Administrator decision with opportunity for appeal. Mr. Munce then reviewed access, buffer areas, City sewer and water, fire protection. The street will be 28' which was the standard at the time of the application; offsite improvements would have been called for with the full 20 -lot subdivision. On a question from Mrs. Robinette, Mr. Munce explained that even though the decision is administrative, all City standards shall apply. However, in comparison to the 4 -lot standard review the 5-9 lot short plat review provides for more Council discretion on weighing project impacts. Harold and Marvel Wells, 4102 R Avenue, used the overhead drawing to point to their home site. Mr. Wells discussed the proposed use of a 10' easement at the end of the cul-de-sac, drainage problems caused by previous logging, concern over blasting, increased traffic on roads with safety hazards to pedestrians. Mrs. Wells also asked if the easement next to her property will be used for utilities, and spoke of drainage problems and potential disruption to the driveway into the garage. Ms. Julie Powers, 4211 "O" Avenue, expressed concern over potential contamination to the wells, and over increased traffic creating hazardous conditions for children and pedestrians. Mr. Jim Morgan, 805 Haddon Road, said he has lived at this location since 1939 and will not speak against the project as he did not object to the existing residences as they were building. Mr. Morgan did express concern over hazards due to a narrow "O" Avenue for pedestrians, horses and bicyclists that frequently use on this road. Mr. Bob Doop, appellant, 4300 "O" Avenue, asked that the City consider locating utilities down "O" Avenue so that others can benefit from this development. In a response to a question from Mrs. Robinette, Mr. Doop said that he would be willing to pay his appropriate portion of the development costs. Mr. Dick Threet, 2801 17th Street, was asked by one of the appellant, Mrs. Ron Sherin, to assist in the appeal process. Mr. Threet suggested that a grass- roots effort be organized to study this issue and make a presentation. Mr. Threet then discussed the steepness of the detention pond tract and the effects of the deep excavation for this pond on wells. He also asked about locating a reservoir at the top of the property. Mr. James Anderson, attorney for the developer, Mr. Ron Woolworth, while sympathetic to the concerns of the neighbors, addressed some misconceptions about this project. The property is not being rezoned and is subject to applicable zoning laws. Mr. Woolworth initially proposed a Planned Unit Development with the potential of up to 26 building sites but after meeting with the neighbors agreed to reduce the density to 8 lots. Mrs, Robinette mentioned that other City projects have required full street improvements. Mr. Dale Herrigstad, engineer for the project, said that there have been several design element phases on this project including two separate reductions in project size. Mr. Herrigstad then discussed: the proposed pump station and how it will improve pressure for the area; storm drainage improvements; and sanitary sewer system from "O" Avenue and 41St" Street to the easement at the end of the cul-de-sac. He described the storm drainage system, shallow ditches for laying of the pipe, road grade not to exceed 12%, minimal blasting for roadway, consulting geologist can be on site during blasting, proposed minimal impact to adjacent home owners. Mr. Dick Threet, 2801 17th, answered the question on the source of water in the area with, "precipitation", but added that not enough information is available to answer the question definitively. Mr. Herrigstad explained that the easement reads utility, ingress/egress, but the proponent does not intend to use it for ingress/egress. Mrs. Barbara Jackson, 1318 Haddon lane, discussed impact on adjacent wells should blasting have an effect and recommended a site visit. The Planning Director explained that each building permit in a geologically hazardous area will require the geological expertise. He also explained that the County had no comment when notified of this project. Mr. Wells spoke again regarding impact on an existing sewer system and waterflow. Mr. Bill Folmer, 1114 Happy Valley Road, stressed safety issues for people who live in this area with regard to increased traffic on a substandard road, Whistle Lake residents also use Haddon Road for daily driving trips. He suggested that another egress be opened up, perhaps St. Mary's Drive. Mrs. Norma Sherin, "O" and Haddon Road, appellant, invited to visit the site stating • 1gist 16, 1999 - continued that the neighborhood concerns have not been addressed. Mr. Al Swapp, 1100 Haddon Lane, spoke to increased runoff from development in this area. Ms. Jean Larue, 3419 M Avenue, spoke generally about the goals of the City's Comprehensive Plan and repeated concerns raised by the neighbors. Mr. Doop spoke again of using "O" Avenue for the utility installation. Mr. Herrigstad corrected comments made about location of utilities and scope of proposed blasting. Ms. Julie Powers, 4211 "O" Avenue, stated that the storm drain backs up each year and with the increased run-off the wells will be impacted. Mr. Threet recommended that a geophysical consultant be on aboard to assess conditions before development. Mrs. Barbara Jackson, 1318 Haddon Lane, asked about assessing economic impact of developments. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Munce answered questions regarding County participation in road improvements as well as requirement to the developer for off-site improvements. Mr. Brown asked the City Attorney to research the need or provision for bonding with regard to disturbing the wells in the project area. With that Mr. Brown moved, seconded by Mr. Christiansen, to set August 25, 1999 at 5:00 p.m. at the intersection of "O" Avenue and Haddon Road for the purpose of a site visit. The Council will take this matter up at the regularly scheduled meeting of September 7, 1999. Mrs. Robinette asked Mr. Pemberton to discuss what type of and where a reservoir may be located serve this end of town; she also asked Mr. Munce to investigate road improvement options in this area. Contract with Battelle: Fidalqo Bay Eelqrass Mitiqation Proiect Mr. Christiansen moved, seconded by Mr. Carlisle, to authorize Battelle to fulfill additional contract work to develop a more explicit development and monitoring plan for an eelgrass demonstration project in Fidalgo Bay. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. At approximately 11:00 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, August 23, 1999 for the purpose of awarding the Skyline Reservoir Repainting Contract, Chemical Bid Award, and Supplemental Agreement Chlorine Deluge Contract. At the conclusion of this meeting, the meeting will be continued to Wednesday, August 25, 1999 at 5:00 p.m. at the intersection of "O" Avenue and Haddon Lane for the purpose of conducting a site visit. Geor tai4K, City Clerk -Treasurer --- ILL,7n46" 'V_ H. Dean Maxwell, Mayor Councilmember 14.82 Continued Meeting of August 16, 1999 -- August 23, 1999 Mayor Dean Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Skvline Reservoir Recoatina Proiect The Mayor and City Council considered an August 23, 1999 memorandum from Mr. Dave Lervik, City Engineer, describing the bid submitted for the Skyline Reservoir recoating project. Mr. Lervik noted that this item was in the budget in the amount of $30,000, that the engineer's estimate was $28,000, and the apparent low bidder was Western Industrial in the amount of $23,300. Mr. Lervik recommended that the bid be awarded to the low bidder, Western Industrial. After discussion, Mr. Christiansen moved that the City award the bid to Western Industrial in the amount of $23,300. The motion was seconded by Mr. Sizemore and passed unanimously. Chemical Bid Award Mr. Ed Capasso, Water Treatment Plant Manager, introduced an August 16, 1999 memorandum from the City Public Works Director presenting the department's chemical bid recommendation for 1999-2001. After discussion, Mr. Carlisle moved that the bids be awarded as recommended by City staff. The motion was seconded by Mr. Brown and passed unanimously. Water Treatment Plant Chlorine Deluae Svstem Desiqn Mr. Ed Capasso, Water Treatment Plant Manager, introduced an August 18, 1999 recommendation from the Public Works Department recommending that the City's existing Consulting Agreement with RH2 Engineering be amended in the amount of $16,740 in order to redesign the chlorine deluge system in a manner that has been determined by the City Public Works Department to produce major short and long term operating efficiencies and savings. After discussion, Mr. Carlisle moved that the City Council approve the Consulting Contract amendment as presented. This motion was seconded by Mr. Sizemore and passed unanimously. Voucher ADDroval. Front End Sanitation Loader Mayor Maxwell asked that the City Council approve the voucher for this budgeted item in the amount of $168,735.73. Noting that this item had been properly budgeted and authorized, Mr. Sizemore moved that the voucher be approved in the specified amount. The motion was seconded by Mr. Christiansen. Vote: Ayes — Rock, Petrish, Christiansen, Sizemore, Brown, and Carlisle. No — Robinette. At approximately 7:50 p.m. this meeting was continued to Wednesday, August 25, 1999 at 5:00 p.m. at the intersection of "O" Avenue and Haddon Road for purpose of a site visit to the proposed Southlands 8 -lot short plat. Gee Kh ian, City Clerk -Treasurer H. Dean Maxwell, MOyor Q AXM-R PJ5_1e� CTCouncilmember � 1483 September 7, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Tuesday, September 7, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetings Mr. Petrish moved, seconded by Mr. Rock, that the minutes of August 16, 1999 and August 23, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings No citizens present wished to speak on items not on the agenda. "Mayor%Council,Cuca ommnition- :01. Mr. Christiansen encouraged the use of the Saturday Self -Haul refuse collection program at the City Maintenance Facility. People can bring refuse (except yard waste) to the collection site; a picture ID and proof of residence will be required. Proclamation Mayor Maxwell read from a Proclamation declaring September, October, and November as "United Way Campaign Months" in Anacortes. The Mayor urged everyone in the community to step forward by volunteering and contributing financially to the United Way. Board Appointments The Mayor announced his appointment of Mr. John Killingsworth to the Museum Advisory Board. Recoqnition of Citv Emplovee Performance Mayor Maxwell publicly thanked Mr. Rob Hoxie, Engineering Department, for providing technical support in updating the E-911 addressing system. The Mayor also thanked Mr. Kit Gerwels, Forest Lands Department, who assisted authorities in apprehending a suspected car -prowler. Census 200: Information Mayor Maxwell introduced Ms. Leslie Gilkey, Skagit Council of Government (SCOG), Coordinator for the Census 2000 marketing efforts. Ms. Gilkey explained that every ten years the United States counts every individual; she also outlined the financial impact of that count on government structures. Our area receives approximately $700.00/person/year. To avoid Census count omissions SCOG is campaigning to get the word out to the communities to encourage participation. Southlands 8 -lot Short Plat Appeal: Next Steps (This item is on tape and filed at City Hall) Mayor Maxwell initiated the Council review of an appeal of administrative staff approval of an 8 - lot short plat known as the Southlands. Council previously held a Public Hearing on the appeal and a site visit was conducted. After clarifying meeting protocol, Council and staff discussed the broader issues of development in this area. Areas of dialogue included condition, use, and width of "O" Avenue right-of-way; locating sewer on "O" Avenue, location of the existing utility easement adjacent to homes and the potential liability issues from blasting; closure of "O" Avenue to 41St Street; development of sewer systems in this area; safety issues at corner of Haddon and "O" Avenue; costs for utility extension on "O" Avenue; operation and maintenance of pump station; storm drainage; and pond drainage. Mr. Munce clarified that the options before Council are to deny the appeal, deny the project on specific grounds, or to approve the project with additional development conditions. Before decision on this matter, Councilmembers asked that the applicant further discuss use of "O" Avenue for utilities with the adjacent property owners. Mr. Rock moved, seconded by Mr. Brown, to table this matter to October 4, 1999. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Consent Agenda Mr. Carlisle moved, seconded by Mr. Rock to approve the following consent agenda items. The vote was unanimous. Approval of Vouchers/Cancellation of Warrant 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, 1999, August 26, 1999 and September 2, 1999 are approved for payment as of this date, September 7, 1999. September 7, 1999 - continued Claims Warrants Aug, 1999: Warrant Numbers 4079 through 4348 in the total amount of $634,258.93 Prewritten Claims Aug, 1999 Warrant Numbers 3910-3915, 4071-4075 in the total amount of $248,417.32 Payroll Aug, 1999 , Warrant Numbers 15249 through 15395 in the total amount of $288,825.34 Draw Pavroll Aug, 1999 Warrant Numbers 15194 through 15248 in the total amount of $29,616.80 Council cancelled Warrant Numbers 3890 in the amount of $63.97 and 4037 in the amount of $84.54 Council adopted Findings of Fact and Conclusions of Law on the Blue Rose Bed & Breakfast Conditional Use Permit Council adopted Findings of Fact and Conclusions of Law on the Anacortes High School Parking Lot Conditional Use Permit Council adopted Ordinance No. 2504 entitled "An Ordinance Vacating a Portion of the Alley Adjacent to Lots 15, 16, and 17, Block 59, Anacortes Original Addition to the City of Anacortes" Closed Record Meetina: Western Wireless — Continued to November 1, 1999 The Closed Record Meeting on the Western Wireless Conditional Use Application has been continued to November 1, 1999. Mr. Ian Munce, Planning Director, reported on the cell tower issue to date. He reviewed the original Kiwanis agreement to transfer property on the top of Mt. Erie to the City for park purposes. In addition to park purposes the property has been used for the location of telecommunication facilities. The City and Puget Sound Energy (PSE) (PSE is the lease holder for the telecommunication companies now in place on Mt. Erie) have been discussing the development of a Master Plan for telecommunication use at this site with particular focus on public benefit and safety. The Kiwanis will also review the Master Plan proposal. Closed Record Meetina — Shoreline Permit # 244 MJB Dry Stack Storaqe — Height Limit Mayor Maxwell initiated the Closed Record Review of a Shoreline Permit Substantial Development/Conditional Use Permit for the MJB Dry Stack Storage proposal at the 2600 Block of "T" Avenue. The Planning Commission issued Shoreline Permit # 244 for this project and there were no appeals from the Department of Ecology or from the public. The Mayor then introduced Mr. Ian Munce, Planning Director, who provided the background overview for the Council and audience. Using an overhead display of the dry stack storage project, Mr. Munce explained that although there is some outside storage the basic facility will include lifts and racks in order to store boats inside. This facility will accommodate the same number of boats as the Anacortes Marina to the north except the boats won't all be in the water at the same time. The Planning Commission held a Public Hearing on this matter and approved the project subject to conditions regarding viewpoint, 24-hr/day public access across the waterfront except during working hours for boat traffic, support parking, together with specific environmental conditions. The issue now before Council is the building height. City Zoning standards require that the buildings be set perpendicular to the shoreline and that they have a pitched roof. With these standards in place the peak of the roof will be 62' thereby requiring Council approval. In consideration that the applicant will be installing the esplanade, working with the City on the parkway and will be subject to all applicable fees the Planning Commission recommends approval. The specific issue before Council is to approve the 62' height limit. Mrs. Robinette asked that specific height language be incorporated into the decision. Mr. Sizemore moved, seconded by Mr. Christiansen to approve the Conditional Use for a 62' roof as presented in Shoreline Permit # 244 with formal Conditional Use Findings of Fact to be forwarded to the Council for adoption. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Final Plat - Rosewinds Mr. Dave Lervik, City Engineer presented the Final Plat approval of Rosewinds for Council approval. Mr. Lervik distributed a Memo to Council outlining 7 items left to complete on this project with a bond amount of $5,000. The developer has met with the City to determine mutual responsibility in a regional detention pond; the developer is required to post a $40,000 bond for the construction of the pond. On a question from Mr. Christiansen, Mr. Lervik spoke in favor of the effectiveness of the regional detention pond design. With that, Mr. Christiansen moved, seconded by Mr. Brown, to approve the Rosewind Final Plat. Mrs. Robinette asked to see copies of the stormwater management plat and drawings of the detention facility. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. 1485 September 7, 1999 - continued Consideration of Bids: W.T. Preston Dry Berth Improvement Proiect Ms. Karen Marshall, Museum Director, introduced bid proposals received for the W.T. Preston dry berth improvements. The low bid was received from Hurlen Construction Company in the amount of $99,866.00. Mr. Paul Zankich, architect with Columbia -Sentinel Engineers, project management, spoke in favor of the Hurlen Construction Company. Ms. Marshall also tallied the grant/donations and budgeted funds available to complete the work. With that, Mr. Brown moved, seconded by Mr. Carlisle, to approve the low bid from Hurlen Construction Company. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Sanitation Container Hauler: Permission to Award Contract Mr. Jim Pemberton, Director of Public Works, addressed the Council and audience. Mr. Pemberton explained that the City's new front-end loading garbage trucks pick up and deliver containers using a specially designed truck. In order to run the solid waste operation more effectively and with greater safety bids were solicited for a container hauler and for packer removal and installation of the hauler. Low bids were received from Solid Waste Systems, Inc. in the amount of $8,427.80 for the container hauler and Pacific Marine Service in the amount of $2,032.03 for the packer removal and installation of hauler. Mr. Sizemore discussed the bid time frame. Mr. Carlisle moved to award the Solid Waste Systems bid in the amount of $8,427.80 and to reject the bids for the packer removal and hauler installation and to rebid when the new equipment has arrived. Mr. Carlisle withdrew his motion. Mr. Christiansen moved, seconded by Brown, to award the container hauler bid to Solid Waste Systems, Inc. in the amount of $8,427.80; to award the packer removal and installation of hauler bid to Pacific Marine Service in the amount of $2,032.03, that the work be completed within budget and within 60 days from the date of approval, and to declare the packer for vehicle # 506 as surplus. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. No — Carlisle. Motion carried. Emeraencv Generator: Three Million Gallon Reservoir Mr. Jim Pemberton, Director of Public Works, reported to Council that background evaluation for the purchase of an emergency generator at the Whistle Lake pump station has been completed. Costs are estimated to be $76,913.00 for equipment with approximately $12,000 for installation and pad. Using an overhead display, Mr. Pemberton highlighted the different pressure zones in the City. Prompted by the Y2K issue, staff investigated the broader issue of disaster preparedness should the water supplies be compromised. Staff recommends authorization for a budget amendment for the purchase and installation of a permanent emergency generator at the Whistle Lake pump station. Discussion followed regarding the need for this level of backup. After discussion, Mr. Sizemore moved, seconded by Mr. Brown, to approve the purchase of the emergency generator. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. No. — Carlisle. Motion carried. Executive Session At approximately 9:30 p.m. the Mayor announced that the Council would convene in Executive Session to discuss 4 land transactions and the quarry contract with Lakeside Industries. At approximately 10:30 p.m. the Council reconvened and without taking any further action the meeting of September 7, 1999 was adjourned. Y14V71-�� Geos e Kh� ian,`City lerk-Treasurer H. Dean Maxwell, Mayor Councilmember September 20, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Tuesday, September 20, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetings Mr. Brown moved, seconded by Mr. Rock, that the minutes of August 16, 1999 and August 23, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to speak on items not on the agenda. '0,1111ayo�%Counc-1rCommunica t iono Mrs. Robinette asked to add the Draft Quarry Contract to the Executive Session agenda. Mr. Petrish raised the issue relative to tree retention at the Anstensen Plat at 36th Street and "D" Avenue. In response to a question from Mr. Sizemore, the City Attorney, Mr. Steve Mansfield explained that he has been researching a different approach to nuisance issues. The City's existing Nuisance Ordinance that has served the City well; however, Mr. Mansfield will continue his study of this issue. Findinqs of Fact and Conclusions of Law — MJB Dry Stack Storaqe Height — Conditional Use Mr. Ian Munce, Planning Director, presented Findings of Fact and Conclusions of Law for the Conditional Use Permit associated with Shoreline Permit # 244. At the last meeting the Council voted to approve the 62' building height for the MJB open boat storage yard and dry stack storage buildings generally located at 2600 block of "T" Avenue. The Findings of Fact and Conclusions of Law reflect the detailed roof dimensions. Mr. Carlisle discussed Condition # 2 which requires that construction or substantial progress toward construction must be undertaken within two years after the approval of this permit. In light of the many and varied permits this project will require, this condition could be unnecessarily restrictive. Mr. Munce responded that as long as progress is being made on the securing of those permits, the City does not count that time against the two-year period. With that Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt the MJB Building Height Conditional Use Permit Findings of Fact and Conclusions of Law. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Ordinance: Revision Rates: — Curbside Recvcling Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2505 entitled, "An Ordinance Amending Section 5 of Schedule A to Ordinance No. 2439, Passed and Approved on the 17th day of November, 1997". The Mayor pointed out that this Ordinance clarifies collection rates for residential recycling. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. "H" Avenue Detention Facilitv Mayor Maxwell presented a request to Council to approve the "H" Avenue Detention Facility. This facility is part of the stormwater management plan, has undergone SEPA review, and prohibits construction in the wetlands. Mr. Dave Lervik, City Engineer addressed the issue of Rosewinds Lots with access off of "J" Avenue. On a question from Mr. Rock, Mr. Lervik explained that the detention pond is designed to fit with the wetlands as they exist. Discussion followed regarding future development of the adjacent City property. Some field reconnaissance will be conducted to confirm wetland dimensions and locations. Engineering drawings are almost complete and no construction will be allowed until final design approval. Mr. Carlisle asked to review the drawings before work begins. After discussion Mr. Sizemore moved, seconded by Mr. Christiansen, that the City proceed with the implementation of the "H" Avenue Region Detention Pond. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. CONSENT AGENDA Mr. Christiansen moved, seconded by Mr. Carlisle to approve the following consent agenda items. The vote was unanimous. Approval of Vouchers/Cancellation of Warrant 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, 1999 and September 16, 1999 are approved for payment as of this date, September 20, 1999. Claims Warrants Sep, 1999: Warrant Numbers 4349 through 4537 in the total amount of $433,794.06 Draw Pavroll Sep, 1999 Warrant Numbers 15396 through 15444 in the total amount of $26,132.80 Council cancelled Warrant # 3925 in the amount of $7.00 Council adopted Resolution No. 1517 setting October 18, 1999 at the Public Hearing date on a Petition to vacate a portion of "A" Avenue. 14 v September 20, 1999 - continued Closed Record Meeting — Rock Ridge Preliminary Plat: Planninq Commission Recommendation and Apgeals (3) (This item is on tape and filed at City Hall) Mayor Maxwell initiated the Closed Record Review of a Preliminary Plat application submitted by Mr. Tony Malo for a 21 -lot subdivision located on 6.14 acres, generally located between 29th and 32nd Streets and between West K and West L Avenues. Mr. Ian Munce, Planning Director, initiated the project background review. He explained that the application, drawings, technical documents, transcripts, and Planning Commission recommendation for approval were all forwarded to the City Council prior to this meeting. Mr. Munce then used an overhead display to focus attention on project site access and adjacent land use including Rock Ridge Phase I. The Phase 2 application now before Council constitutes a replat of portions of the Northern Pacific Addition. Mr. Munce highlighted both the proposed access road linking the project to Anacopper Mine Road, and the right-of-way pattern between this project and Rock Ridge adjacent properties. The Planning Department held an Open Record Public Hearing on this matter and forwarded a recommendation to Council for approval subject to 27 conditions. Three appeals have been filed. The Mayor introduced Mr. Alan Souders, attorney for the appellants, Curt and Dulcie Bowman. Mr. Souders then addressed the two concerns outlined in the Bowman appeal. Using a detailed overhead display, Mr. Souders pointed to the 30th Street and Oregon Avenue (formerly "M" Avenue) rights-of-way that abut the Bowman's corner property. He pointed to the tree in 30th street and the pond in Oregon Avenue; the Bowmans are asking that those rights of way be designed to accommodate the tree and the pond. Because of the pond size a 15' shift will not save the entire pond but will minimize the effect of the street improvements. It is the Bowmans' position that the wording of that Condition # 25 does not address retaining both the tree and the pond. The second issue relates to Lots 13, 14, and 15, Block 11 of the Tuttle & Buckley plat. With the replat proposed access to the three lots in Block 11 is in effect eliminated. Mr. Souders then proposed a street and alley grid pattern that would secure their access. On behalf of Mr. Tom Preston, appellant Number 2, Mr. Souders explained that Mr. Preston's sole concern is if the proposed layout is revised in such a way as to effect his property. Mr. Souders confirmed that as presented, the Bowmans' proposed modifications do not affect Mr. Preston. The third appellant, Mr. Ross O. Barnes, 13695 Harbor Lane, submitted his appeal based on two issues: retention of a trail corridor through Rock Ridge West, and protection of steep slopes with a Native Growth Protection Easement in areas with slopes greater than 60%. Mr. Barnes proposed a condition: "A 30' corridor will be retained through Rock Ridge West suitable for multi-purpose trail use connecting to the intersection of 32nd Street and Oregon Avenue." Mr. Barnes said that material he presented at the first submittal on this project was not distributed to Council. Using an overhead display Mr. Barnes described his proposed route for the trail corridor to the high point view property. Mrs. Robinette suggested to Mr. Barnes that he prepare a drawing showing the proposed route and submit it to Council for review. On behalf of the applicant, Mr. De -En Lang, Subdivision Management addressed the appeals. Addressing the tree/pond issue, Mr. Carlisle wanted to discuss designing the streets to accommodate the ponds. Mr. Lang discussed the safety and design issues associated with alignment of the streets to protect the tree and pond, project layout with regard to steep slopes, and development of the stormdrainage plan. As part of the presentation Council asked questions of Mr. Lang, appellants, and staff regarding the appeals. Mr. Carlisle moved, seconded by Mr. Rock, that the applicant will provide access to Lots 13, 14, 15, block 11, Tuttle & Buckley's Addition to Anacortes with the completion of 29th/30th Street. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Oregon Avenue and 30th Street will be aligned to save the pond and tree. Mr. Dave Lervik, City Engineer, discussed signage and location of the road bed; he said that are aligned as close to 900 angles as possible because of traffic/safety concerns. Detailed engineering drawings will be reviewed. Mr. Christiansen moved, seconded by Mr. Brown to amend Condition # 25 to read: Oregon Avenue and 30th Street are to be realigned to minimize the impact on the pond and on the tree to the extent possible given the terrain and traffic safety considerations. Mr. Sizemore inquired about liability should the road diversion create a safety hazard. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. With regard to the Barnes Cross Island Trail appeal, in answer to the appeal Mrs. Robinette asked for a specific route showing key connections. Mrs. Robinette moved, seconded by Mr. Rock to deny the Barnes appeal on the Cross -Island trail and to add Condition # 29, "Areas of steep slopes greater than 60% shall be protected in accorded with the Regulated Slopes Chapter of the Anacortes Zoning Code. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Carlisle. No — Rock. Motion carried. With that, Mr. Christiansen moved, seconded by Mr. Brown, to approve the Rock Ridge West Preliminary Plat subject to conditions recommended by the Planning Commission as amended. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Closed Record Meeting — Cedar Springs Planned Unit Development Mayor Maxwell initiated the Closed Record Meeting for the Preliminary Development Plan application for the Cedar Springs Planned Unit Development for 14 duplex residential units on 7.24 acres on the west side of "H" Avenue 603 feet north of 41St Street. Mr. Ian Munce, Planning Director, initiated the project background review by pointing out that the project site is acreage adjacent to existing subdivisions. The Preliminary Development Plan is a conceptual submission and detailed engineering drawings will be submitted at a later stage. The significant issues on this project are narrow "H" Avenue, Ace of Hearts Creek, artesian wells, and runoff. With the proposal now before Council, the project access will not cross the stream, a potential access connection to acreage is provided, "H" Avenue will be widened, runoff will be diverted to the regional detention facility. The Planning Commission held a Public Hearing, and forwarded the project to Council with a recommendation for approval subject to 29 conditions. September 20, 1999 - continued Mr. Ross Barnes, 13695 Harbor Lane, appealed this project in order to clarify that the project biofiltration system will meet stormwater Ordinance standards for bioswale length. Mr. Munce clarified that this is the Planned Unit Development concept stage and detailed engineering drawings will be submitted at the next step. Mrs. Robinette pointed out that the applicant has responded to each and every suggestion for modification. Mr. Carlisle addressed the restricted parking for lots 27 and 28. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to approve the Preliminary Development Plan for the Cedar Springs Planned Unit Development subject to the Conditions recommended by the Planning Commission together with Condition # 30, "A biofiltration system shall be built in this project to meet City Stormwater Ordinance standards." Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Bid Award: Pump Station Upqrades — Wastewater Treatment Plant Mr. John Franz, Wastewater Treatment Plant, referenced his September 15, 1999 memorandum to Mr. Jim Pemberton outlining the overall project to upgrade sewer pump stations numbers 1, 3, 6, and 10. Recently bids were solicited for substantial upgrades at all four pump station locations. Udelholven General, Inc. submitted the low bid in the amount of $257,706 including tax. Background and financial checks were conducted with positive results. With that, Mr. Sizemore moved, seconded by Mr. Rock, to award the bid to Edelholven General, Inc. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Interlocal Aqreement — Sedro Woolley STP Funds - Resolution Mr. Dave Lervik, City Engineer, presented a request for authorization for the Mayor to enter into an interlocal agreement between the City of Sedro-Woolley and the City of Anacortes. The agreement formally outlines an exchange of federal dollars for City of Anacortes funds at an exchange rate of $.80 local dollars for each federal dollar. The City would use the federal funds for the "Q" Avenue reconstruction project and the City of Sedro-Woolley would be able to complete a smaller Ferry Street Sidewalk Improvement Project. Council and the City Attorney discussed the legal aspects of such an exchange. The contract stipulates that we do not disperse funds until we receive the STP funds from Sedro-Woolley. After discussion, Mr. Christiansen moved, seconded by Mr. Brown, to authorize the Mayor to enter into an Interlocal Agreement with Sedro-Woolley for an Exchange of STP Funds. Vote: Ayes — Robinette, Rock, Petrish, Sizemore, Brown, and Christiansen. No — Carlisle. Motion carried. i Ordinance: Prohibitinq Aqqressive Begging and Pedestrian Interference Mr. Steve Mansfield, City Attorney, explained that he has been crafting an Ordinance that would not prohibit panhandling or begging but would control the manner in which it is done. The maximum penalty for such an offense would be a $5,000 fine and/or a year in jail unless otherwise authorized or unless the State has a lesser penalty for a similar crime. Discussion followed regarding the nature of assault. Mr. Christiansen initiated the Ordinance development based on recent incidents in downtown Anacortes. On a question from Mr. Sizemore, Mr. Mansfield said that has there been a situation that would constitute a violation of the Ordinance. The current situation contains aggressive and intimidating behavior. Mr. Gary Sawyer, 710 Commercial Avenue, described the recent spate of bullying behavior from one individual. The Sawyers now have a sign in their business stating they have the right to refuse service. Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No. 2506 entitled "An Ordinance Prohibiting Pedestrian Interference, Providing Definitions, and Penalties." Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. No — Robinette. Motion carried. Executive Session At approximately 10:40 p.m. the Mayor announced that the Council would convene in Executive Session to discuss the Lakeside Quarry Contract and Labor Negotiations. At approximately 11:30 p.m. the Council reconvened and without taking any further action the meeting of September 20, 1999 was adjourned. G e Kht an, CityCTreasurer H. Dean Maxwell, Mayor®— C /% Councilmember 1 4 v 9ctober 4, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of October 4, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mr. Christiansen moved, seconded by Mr. Rock, that the minutes of September 20, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings No citizens present wished to speak on items not on the agenda. or Diol . ..,_„_.,..,....., ;.., o ayor/Council Communication'o, �,000�,,�00000--------- ,. -- Mr. Christiansen reminded everyone of the upcoming Saturday garbage self�*haul program. He explained that on that day household waste can be taken to the Maintenance Facility and disposed of for a$15.00 fee. Mr. Christiansen then reported on the associated costs of providing a musical background on the Government Access channel. Southlands 8 -Lot Short Plat: Appeal Mayor Maxwell introduced the Southlands 8 -lot short plat appeal discussion. Mr. Jim Pemberton, Director of Public Works, reported that at the previous meeting Council requested specific information regarding the appeal: (1) applicant to provide cost estimates to extend water and sewer up "O" Avenue from 41St Street south to Haddon Road then easterly along Haddon Road into the Southlands project; (2) applicant to contact the abutting property owners to determine interest in financial participation in the utility extensions; and (3) staff to investigate cost of installation of utilities by the City and associated Latecomer's Agreement. Mr. Pemberton then referenced his September 29, 1999 memorandum outlining the costs of the potential utility extensions; the memorandum also contained a recommendation that the City not participate in extending the utilities along "O" Avenue. Mr. Ian Munce, Planning Director, then reported that the developer contacted the property owners fronting "O" Avenue. Out of the ten contacts made nine responses were received; five were interested in discussing financial participation and four said no. A meeting will be set up with the five interested property owners and Council directed that Mr. Munce attend this meeting. In further discussion Mr. Munce highlighted that recent Washington court cases clearly support that there be a direct connection between project impact and offsite improvements. Stormwater issues will have to be addressed as discussed and there will need to be a walking path to the extent that right-of-way is available to do so. Mr. Munce clarified that northerly 20% of the street south of 41St Street along "O" Avenue is wider because of previous short plat activity. With that Mr. Sizemore moved, seconded by Mr. Brown, to continue this matter for two weeks. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Consent Agenda Before activity on the Consent Agenda Mr. Munce pointed out that there was a typographical error (corrected) on Condition # 25 of the Findings of Fact and Conclusion of Law for Rock Ridge West. With that, Mr. Christiansen moved, seconded by Mr. Rock to approve the following consent agenda items. The vote was unanimous. Approval of Vouchers/Cancellation of Warrant 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, 1999 and September 30, 1999 are approved for payment as of this date, October 4, 1999. Claims Warrants Oct, 1999: Warrant Numbers 4541 through 4750 in the total amount of $487,550.13 Prewritten Claims Sep, 1999 Warrant Numbers 4076-4078, 4538-4539 in the total amount of $8,235.49 Council adopted Resolution No. 1519 setting November 1, 1999 as the Public Hearing date on a Petition to vacate a portion of the alley in Block 229, City of Anacortes Council adopted Findings of Fact and Conclusions of Law for the Cedar Springs Planned Unit Development, Preliminary Development Plan. Council adopted Findings of Fact and Conclusions of Law for the Rock Ridge West Preliminary Plat. October 4, 1999 - continued 1490 Approval: Police Buildina Bid Police Chief Mike King presented the 12 bids received for the Police/Court Building Construction project. The apparent low bidder is Ebenal General of Bellingham in the amount of $2,633,500.00 Mr. Marc Estvold, architect for the project, 3110 Commercial Avenue, said that all reference checks have been positive. Additionally, the construction superintendent of the Fidalgo Center building will also be assigned to this project. As Chairman of the Public Safety Committee, -Mr. Sizemore moved, seconded by Mr. Carlisle, to accept the low bid from Ebanal General in the amount of $2,633,500.00. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Appointment of Tourism Fund Selection Committee Mayor Maxwell announced that it was time to select the Council members to serve with him on the Tourism Fund Selection Committee. Mr. Sizemore, Mr. Christiansen, and Mrs. Robinette volunteered to serve on this Committee. Council Compensation Mayor Pro -Tem Christiansen introduced the matter of a pay increase for Councilmembers. Mr. Christiansen summarized the varied commitments and expenses associated with Council responsibilities and then opened the matter up for discussion. Mrs. Robinette proposed an increase commensurate with the cost of living index. Mr. Sizemore and Mr. Petrish spoke in favor of the compensation increase. Mr. Christiansen clarified that the proposed increase would affect future Councilmembers. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to increase the Councilmembers salaries to $600.00/month effective January 1, 2000 and to $800.00/month effective January 1, 2002. Mrs. Robinette suggested bringing this item back in two weeks for further study. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, and Christiansen. No — Robinette, Rock. Motion carried. There being no further business the Mayor adjourned the meeting at 8:30 p.m. 0 Ge a Khtai n, City Clerk -Treasurer a� H. Dean Maxwell, Ma or OCouncilmem ber 1491 October 18, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of October 18, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetings Mr. Petrish moved, seconded by Mr. Sizemore, that the minutes of October 4, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings Mr. Richard Stockwell, representing Anacortes Train and Rail, reported that there are over 275 volunteers working in conjunction with the Depot Art Center to raise funds towards the purchase of a train for the City of Anacortes. The committee together with City staff have worked together to move the railroad ties from Q avenue back to the City parkland. The i6yor and Council thanked the group for its efforts. .. ,.. �..,..• o ayorfCouncif Commuriiicationc Mayor Maxwell read two Proclamations: (1) proclaiming Census 2000 as a top priority for stakeholders and leaders within our community and urging full staff participation in technical preparation for Census 2000; and (2) proclaiming the week of October 24, 1999 as United Nations week. Mr. Carlisle and Mrs. Robinette discussed the function of the United Nations. Mr. Carlisle discussed the administration of an 80 -member committee to study Highway 20 safety issues. Nine meetings have been held and Mr. Carlisle encouraged the public to attend the following meeting on October 28, 1999 from 9:00 a.m. to noon downstairs in the Municipal Building. Southlands 8 -Lot Short Plat: Appeal Mrs. Robinette requested that the public hearing on the appeals of the Southlands 8 -lot short plat be reopened. Mr. Ian Munce, Planning Director, pointed out that informal discussions are taking place between the applicant and neighbors and that results of those negotiations will be brought before the Council on November 1St. Mrs. Robinette asked that the hearing be reopened to review any information submitted after the appeals public hearing was closed. Mrs. Robinette moved, seconded by Mr. Rock to open a public hearing on the Southlands. In response to Council questions, Mr. Munce outlined alternative action. The City Attorney, Mr. Steve Mansfield, stated that as long as all parties receive adequate notice that a hearing could be held to gather facts. The hearing will be held on November 15, 1999. Mr. Munce pointed out that the hearing could be withdrawn if there is a settlement between the appellants and proponent. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. H Avenue Detention Pond Desian Mr. Dave Lervik, City Engineer, said that the "H" Avenue regional detention pond is a facility that was recommended in the City's Stormwater Comprehensive Plan to treat the basin southwest of this site located on "H" Avenue near 38th Street. The proposed facility would have brought the Ace of Hearts Creek out of the existing culvert, created an open stream channel approximating what would be a natural stream channel with a biofiltration swale to treat runoff from the Rosewinds development and nearby properties. The design now before Council for review was developed in response to citizen comments to the SEPA determination on this project. At the request of the City, David Evans & Associates performed a second on-site wetland delineation to verify the boundaries of the wetland. Mr. Lervik presented an overhead display using the Evans delineation and showing the characteristics of the surrounding area. This revised proposal accomplishes the main goals of providing detention and quality treatment while not precluding future work to bring the stream out of the channel. Because individuals contacted the Department of Engineers and the Department of Ecology the City cannot deviate from our full procedural standards. There is a lot of disagreement as to how to take the Ace of Hearts of Creek out of the culvert thereby putting off deliberation on that issue for several months. Mr. Ross O. Barnes, 13694 Harbor Lane, discussed the City's review procedure, how to go through the stream restoration process and how to do that in a staged fashion. He asked if the time lines could be extended for Rosewinds? Mr. Brian Wetcher, 814 26th St., member of Evergreen Islands, offered to take the wetland restoration issue back to Evergreen Islands to develop a model restoration project. After discussion Mr. Sizemore moved, seconded by Mr. Christiansen, to proceed with the storm drainage plan as presented in an October 14, 1999 memorandum from Dave Lervik, City Engineer. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 1492 October 18, 1999 - continued Sunset Cove Public Access/land Exchanqe: Resolution Mr. Ian Munce, Planning Director, presented a Resolution to Council entitled "Authorizing the Conveyance of a Small Triangular Piece of Upland Property to the Estates of William D. and Anne M. Suryan in Exchange for Upland Property and Tideland Property from Suryans, as well as, Upland. and Tideland Property from Sunset Cove Development LLC and Granting Easements to SCDLLC." Mr. Munce then presented an overhead display showing the surrounding land uses. Mr. Munce explained that the land exchange project was approved by Council in 1988. The proposal will increase public access opportunities adjacent to Washington Park and the Shannon Point Marine Lab. With that, Mr. Carlisle moved, seconded by Mr. Brown to adopt Resolution No. 1520. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Consider Accepting 1999 Cape Seal Project Mr. Gordon Bruchner, Project Engineer, presented a request to Council for approval for cape seal work on the easterly portions of Doon Way and Kingsway. The project was awarded to Blackline, Inc. Accepting this project as complete will begin the mandatory 30 -day lien period. If no liens are filed the retainage now held will be paid to the Contractor. Mr. Christiansen so moved, seconded by Mr. Rock. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Consider Bids 1999 Sewer Line Replacement Work Mr. Gordon Bruchner, Project Engineer, requested that Council consider the low bid for the replacement of approximately 1,000 feet of existing sanitary sewer line with new plastic pipe. There are five locations identified by the sewer crew to require above average maintenance. The low bid was received from Harkness Contracting, Acme in the amount of $68,300.40. References have been checked and Contractor Qualifications reviewed. With that Mr. Brown moved, seconded by Mr. Rock, to accept the Harkness Contracting bid in the amount of $68,300.40. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Rock. Motion carried. Consider Acceptance: Quotes Pump Station Transfer Switch Gear Mr. John Franz, Wastewater Treatment Plant Manager, presented a request to Council to consider the low bid from Dahl's Valley Electric in the amount of $33,325 (without sales tax) for the installation transfer switches at the sewer pump stations for the trailer mounted engine generators. Mr. Sizemore so moved, seconded by Mr. Rock. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Rock, and Carlisle. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Carlisle to approve the following consent agenda items. The vote was unanimous. Approval of Vouchers/Cancellation of Warrant 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, 1999 and October 14, 1999 are approved for payment as of this date, October 18, 1999. Claims Warrants Oct, 1999: Warrant Numbers 4757 through 4975 in the total amount of $556,814.99 Payroll Sep, 1999 Warrant Numbers 15445 through 15582 in the total amount of $327,980.29 Council adopted Resolution No. 1521 setting December 6, 1999 as the Public Hearing date on a Petition to vacate a portion of "C" Avenue South March Point Sewer Line Easements: Resolution Mrs. Robinette asked that this item be removed from the Consent Agenda. In response to Mrs. Robinette's question Mr. Ian Munce, Planning Director explained the easement negotiation process. With that, Mr. Christiansen moved, seconded by Mr. Brown, to adopt Resolution No. 1522 entitled "Securing Easements for the South march Point Sewer Line." Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. 1493 October 18, 1999 - continued Council Compensation Ordinance Asking to vote specifically on this item Mrs. Robinette asked that this item be removed from the Consent Agenda. With that, Mr. Sizemore, seconded by Mr. Christiansen, to adopt Ordinance No. 2507 entitled "An Ordinance Increasing Compensation Pay to Anacortes City Council Members and Amending Section 1 of Ordinance Number 2360 passed and approved on the 21St day of May; 1995". Vote: Ayes - Brown, Christiansen, Carlisle, Petrish, and Sizemore. No - Robinette, and Rock. Motion carried. Public Hearina: Street Vacation - Portion of "A" Avenue Mayor Maxwell opened the Public Hearing on a Petition to Vacate a portion of "A" Avenue submitted by Mr. and Mrs. Dave Manz. Mr. Ian Munce, Planning Director, used an overhead display to show the right-of-way requested for vacation. The Board of Adjustment held a Public Hearing on this matter and expressed concern over vacating a portion of the right-of-way that may be needed to accommodate future growth in the area. Mr. Munce then used an overhead to show the Engineering Department's recommendation on the portion of the street to be vacated to allow for this future growth. The Manz' agreed to the Engineering Department recommendation. There was no further comment and the Mayor declared the Public Hearing closed. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the vacation of "A" Avenue as recommended by the Engineering Department. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Waiver of Street Standards - Ekern and Kellv Mr. Ian Munce, Planning Director, presented the first of two requests for Council waiver of street standards. Mr. Richard Ekern has proposed to develop the westerly half of Blocks 230 and 229 at 20th Place and "C" Avenue and will need to construct a cul-de-sac. Mr. Ekern suggests that the potential future extension of 20th Street could make the cul-de-sac a temporary improvement and asks that the sidewalk requirement around the cul-de-sac be waived. Detailed discussion followed regarding various development possibilities. Mr. Sizemore moved, seconded by Mr. Carlisle, to install sidewalks on the south side of the cul-de-sac to the southernmost point of the perimeter of the cul-de-sac. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, and Christiansen. No - Robinette, and Rock. Motion carried. The second request, from Jay Kelly, 1520 "B" Avenue, asks that he be allowed to continue the existing road on 16th Street road extension to mid block adjacent to 1520 "B". Staff recommends extending the existing road all the way to "B" Avenue and that an "LID No -Protest Agreement" for future roadway improvements in this area be signed. Mrs. Robinette suggested that the roadway be 28'. Detailed discussion followed regarding various development possibilities. Mr. Brown moved, seconded by Mr. Christiansen to adopt staff recommendation. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Public Hearina: Year 2000 Propertv Tax Levv (This Hearing is on tape and filed at City Hall) Mayor Maxwell opened the Public Hearing on the Year 2000 Property Tax Levy. Mr. George Khtaian, Finance Director, reviewed the revenues on the general fund, and property tax revenue increase for next year. Council directed specific revenue questions to Mr. Khtaian. Police Chief King responded to a question regarding concealed weapon permit revenues. The Mayor then opened the discussion on a property tax increase. Based on budget preparations, staff recommends a 3% increase in the property tax levy. The maximum allowed is 6%. Discussion followed regarding current legislation affecting future tax increases. Mr. Christiansen suggested a zero increase. There was no public comment and the Mayor declared the Public Hearing closed. The Council will forward their tax levy recommendation to the Mayor Pro -Tem for adoption by Resolution on November 1, 1999. Year 2000 Tourism Contract for Ferry Promotion Mr. Ian Munce, Planning Director, presented a Resolution and Contract to Council authorizing execution of the second 2% tourism promotion fund contract between the City and the Anacortes Chamber of Commerce for the promotion of Anacortes relative to the Sidney, B.C. Ferry Run. Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Resolution No. 1523. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. There being no further usiness the Mayor adjourned the meeting at 11:00 p.m. G o e Khan, City Clerk-Treasur an Maxwell, Mayor council -member 1494 November 1, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 1, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the .Pledge of Allegiance. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Christiansen, that the minutes of October 18, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to testify on items not on the agenda. oMayor%Counci�Communicationo There were no items to address under Mayor/Council Communication. Chlorination Svstem Improvements: Bid Recommendation Mayor Maxwell announced that this item would be continued to Monday, November 8, 1999 at 7:30 p.m. Resolutions (2) Property Tax Summarizing this issue for the Council and audience, Mr. George Khtaian, Finance Director, explained that on October 18, 1999 the City held a Public Hearing for review and approval of Property Tax Resolutions. At that time the General Fund, Revenues and Expenditures, and General Levy were discussed. The first Resolution now before Council requires a majority plus one and sets the limit factor. Both Resolutions were prepared on the basis of a proposed 3% increase. The second Resolution takes that percentage and states the amount of increase. Mr. Khtaian concluded with a review of a Property Tax fund distribution list. Mr. Khtaian then responded to Council questions regarding the School District and County decisions to wait until after the election to determine the property tax levy. With that Mr. Sizemore moved, seconded by Mr. Carlisle to table decision on these Resolutions until November 8, 1999. Approval of Vouchers/Cancellation of Warrants Mr. Christiansen moved, seconded by Mr. Rock, 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, 1999 and October 28, 1999 are approved for payment as of this date, November 1, 1999. Council vote was unanimous. Claims Warrants Nov, 1999: Warrant Numbers 4979 through 5129 in the total amount of $497,311.96 Prewritten Claims Oct, 1999 Warrant Numbers 4570, 4751-4756 in the total amount of $27,291.34 Draw Pavroll Oct, 1999 Warrant Numbers 15586 through 15633 in the total amount of $25,632.80 Closed Record Meetinq- Western Wireless — Continue to January 3, 2000 Mr. Ian Munce, Planning Director, reported that before this item can not go forward until the City receives the related Puget Sound Energy proposal for review. Ordinance: Chanaina Street Names Mr. Ed Frank, Building Official, presented an Ordinance to the Mayor and Council for review and discussion. Mr. Frank explained that the proposed street name changes are designed to help clarify locations for the 911 dispatch center. Four street name changes are highlighted at this time: (1) west end of 37th Drive (Horizon Heights Division I Addition) extending south to be changed from 37th Drive to Fircrest Lane; (2) extending north from the west end of 39th street (Horizon Heights Division I Addition) to be changed from Spruce Avenue to Bullock Court; (3) extending south from 41St Street to the City limits to be changed from Heart Lake Road to "H" Avenue; and (4) Kings Court (Skyline Division 14) to be changed to Kingsway. Mr. Sizemore moved, seconded by Mr. Christiansen to adopt the Ordinance changing the names of these certain streets. On a request from Council Mr. Frank used overhead displays to help visualize the proposed changes. Discussion followed centering on the need for a change to 37th Drive. Mr. Frank pointed out that the name changes are proposed for safety issues. Vote: Ayes — Christiansen, Carlisle, and Sizemore. No — Robinette, Rock, Petrish, and Brown. Motion failed. Mr. Christiansen then moved, seconded by Mr. Rock, to adopt Ordinance No. 2508 entitled "An Ordinance Changing the Names of Certain Streets". All references to 37th Street are to be deleted from the Ordinance. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore; Brown, and Christiansen. Motion carried. Mr. Rock suggested that the 37th Drive name change be brought back to a City Council Study Session for review. 1495 November 1, 1999 - continued Public Hearina: Vacation of Allev — Block 229. Map of Citv of Anacortes Mayor Maxwell opened the Public Hearing on a Petition to vacate a portion of the alley in Block 229, Map of the City of Anacortes generally located at 21St Street and "B" Avenue. The petition was submitted by Mr. Herbert Mayer. Mr. Jim Pemberton, Director of Public Works used an overhead display to highlight the vicinity and specific alley to be vacated. The Board of Adjustment held a Public Hearing on this matter and voted to recommend approval of the alley vacation. There was no testimony from the audience and the Mayor declared the Public Hearing closed. On a question from Council Mr. Pemberton confirmed that there is no Public Works need for this alley. With that, Mr. Christiansen moved, seconded by Mr. Brown, to grant the petition to vacate the alley in Block 229 between Lots 8, 9, 10, and the west 20 feet of Lot 7, and Lots 11, 12, 13, and the west 20 feet of Lot 14. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Closed Record Meetinq — Samish Preschool Expansion Conditional Use�Application Mr. Ian Munce, Planning Director, provided the background summary for this project. A long- established day care center has been located at the project site, 1618 "D" Avenue. The current tenant, the Samish Indian Nation leases the property and has expressed interest in purchasing the facility with expansion in mind. Using an overhead display, Mr. Munce pointed out the current facility as well as the proposed addition and parking. Also featured is a 17th Street entrance. Neighborhood comment was generally positive with drainage and screening issues raised. Project conditions address these concerns. The new facility will be offering a senior lunch program. The Planning Commission reviewed this matter in an Open Record Public Hearing and voted to recommend approval subject to 6 conditions. With that Mr. Carlisle moved, seconded by Mr. Rock, to approve the Conditional Use Permit subject to the 6 conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Closed Record Meetinq — United Methodist Church Expansion Proiect Mr. Ian Munce, Planning Director, provided the background summary for this project. The project site, 2201 "H" Avenue, is adjacent to the Fidalgo Senior Center and Fidalgo Pool facility. Using an overhead display Mr. Munce highlighted the existing facility and addition. No new sanctuary space is planned and parking is available through a shared parking agreement between the church and the pool. The Planning Commission reviewed this matter in an Open Record Public Hearing and voted to recommend approval subject to standard conditions. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the Conditional Use Permit subject to the 4 conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Contract with Lakeside Industries: Quarry Initiating the first public discussion of the final Quarry contract proposal the Planning Director, Mr. Ian Munce, highlighted the key contract features previously discussed by Council: base price ($1.00 per cubic yard); an annual producer price index adjustment; a 25 -year term, and the transfer of 10 acres from Lakeside to the City at no cost to the City to provide an alternative disposal site to the existing Forestlands site. Mr. Munce pointed out that there is a proviso that if after 20 years rock can no longer be produced Lakeside has the option to cancel the contract. Mrs. Robinette highlighted what she considered to be outstanding administrative contract issues including restoration planting; payment for water quality monitoring by Lakeside, and wetland boundary markings. Mr. Munce clarified that the contract language now before Council is both specific and enforceable but further modification could be made. Mr. Carlisle moved seconded by Mr. Petrish, be brought back to Council Study Session and back to Council for action in December. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Contract with CERB for March Point Sewer: Resolution: s Mr. Ian Munce, Planning Director, presented a Resolution to Council entitled "A Resolution of the City of Anacortes, Washington, Authorizing and Directing the Mayor to Execute, on Behalf of the City of Anacortes, an Agreement between the Washington State Community Economic Revitalization Board and the City of Anacortes for Aid in Financing the Costs of Public Facilities Consisting of "South March Point Sewers"'. Mr. Sizemore moved, seconded by Mr. Brown, that Resolution No. 1524 be adopted. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Purchase ,of Detention Pond Site: Clvde River, Skvline Mr. Jim Pemberton, Director of Public Works, prefaced discussion on this item by referencing a recommendation made by the RW Beck Stormwater Quality Management Plan for the City to look to regional detention in the upper basin of the River Clyde watershed. Mr. Pemberton then used an overhead to display available property adequate in both topography and area to provide water quantity mitigation. Mr. Pemberton then answered questions from Council on 1496 November 1, 1999 - continued drainage basin and development in this area. Discussion followed regarding financial participation and allocation of costs. Following discussion, Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the purchase in the amount of $45,000 of Lot B as shown on the attached Exhibit A to October 27, 1999 memorandum from Dave Lervik, City Engineer. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss a real estate purchase. At 9:30 p.m. the Council reconvened and took the following action: Purchase of Prooertv in the Northern Pacific Addition Mr. Carlisle moved, seconded by Mr. Sizemore, to purchase approximately 15,000 square feet, Lots 7-11, Block 1109 of the Northern Pacific Addition. Vote: Ayes - Brown, Christiansen, Rock, Carlisle, Petrish, and Sizemore. No — Robinette. Motion carried. At approximately 9:35 p.m. Mayor Maxwell announced that this meeting will be continued to Friday, November 5, 1999 at 1:00 p.m. for the purpose of reviewing possible access route(s) to the Diller and VanBurep/Bell properties. Council will meet on Heart Lake Road at the Mt. Erie Road intersection. At the conclusion of the November 5th site visit the meeting will be continued to Monday, November 8, 1999 to complete action on the Chlorination System Improvements: Bid Recommendation, Bid Award: Bryce Drive Stormwater; and Property Tax Resolutions. There being no further business the Mayor adjourned the meeting at 11:00 p.m. Geor htai , City C rk-Treasurer H. Dean Maxwell, Mayor Councilmember 1497 Continued meeting of November 1, 1999 -- November 8, 1999 Meeting was called to order by Mayor Dean Maxwell at 7:30 p.m. Roll Call: Present: Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Absent: none. Chlorination Svstem Improvements Jim Pemberton presented a report on bids received for the chlorine deluge system at the Water Treatment Plant. It was recommended by Mr. Pemberton that the low bid submitted by Impero Contracting Company of Bellingham in the amount of $455,940.10 be accepted. Motion was made by Councilman Brown and seconded by Councilman Sizemore that the low bid of Impero Contracting Company in the amount of $455,940.10 be approved. Vote: Ayes: Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Nays: none. Motion passed. Bid Award: Clvde River Storm Outfall Prosect David Price, Project Engineer, presented a description of the Bryce Drive Stormwater Project and reported on the bid award for the project. The low bid was Callen Construction Company, Inc. in the amount of $124,098.70. Mr. Price recommended acceptance of the low bid. It was moved by Councilman Sizemore and seconded by Councilman Carlisle that the low bid submitted by Callen Construction Company, Inc. in the amount of $124,098.70 be accepted. Vote: Ayes: Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Nays: none. Motion passed. Propertv Tax Resolutions George Khtaian presented background information on the two proposed resolutions setting the percentage increase in the property tax for the year 2000. After discussion it was moved by Councilman Carlisle and seconded by Councilman Brown that the City take no percentage increase in the year 2000 property tax regular levy. Vote: Ayes: Rock, Carlisle, Brown. Nays: Sizemore, Christiansen, Petrish, and Robinette. Motion failed. Motion was made by Councilman Brown and seconded Councilman Christiansen that the City increase the year 2000 property tax regular levy by 1.5%. Vote: Ayes: Brown, Christiansen, Robinette. Nays: Rock, Carlisle, Petrish, Sizemore. Motion failed. After further discussion it was moved by Councilman Sizemore and seconded by Councilman Petrish that Resolution No. 1525, entitled "A Resolution of the City Council of the City of Anacortes, Setting the City's Year 2000 Property Tax Regular Levy Increase" and Resolution No. 1526, entitled "A Resolution of the City Council of the City of Anacortes, Setting the City's Year 2000 Property Tax Regular Levy Limit Factor' be approved. Vote: Ayes: Christiansen, Petrish, Sizemore, and Brown. Nays: Robinette, Rock, and Carlisle. Motion passed. With no further business to come before the City Council, the City Council was adjourned into a regularly scheduled study session. Geor Khtai�% City Clerk -Treasurer H. Dean Maxwell, Mayor Councilmember November 15, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 15, 1999 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mayor Maxwell asked that Page 1, Paragraph 6, next to last sentence read: ...the School District and County decisions to wait..." With that change Mr. Brown moved, seconded by Mr. Sizemore that the minutes of November 1, 1999 and the continued meeting of November 8, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wi$hed to testify on items not on the agenda. oMayor%Council Corn. unicationo Mayor Maxwell read a Proclamation proclaiming November 21-27, 1999 as Family Week. Fire Department Ladder Truck: Authorization to Tan on Bid Fire Chief, Richard Curtis, presented a summary of the steps taken to secure bids for the purchase of Ladder Truck. At present the City of Newberg, Oregon purchased an American LaFrance truck ladder;, the City of Anacortes can, under the inter -local cooperation act, tag onto another agency bid if the two agencies bidding rules are similar. Mr. Sizemore reported on the Public Safety Committee research efforts to find the apparatus to meet City needs. With that, Mr. Sizemore moved, seconded by Mr. Rock, enter into an interlocal agreement with the City of Newberg, Oregon to purchase a Quint/Ladder Truck in the amount of $588,638. Mr. George Khtaian, Finance Director, explained the funding sources for the truck. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Public Hearina: Southlands 8 -lot Short Plat Aggeals — Additional Testimonv Mayor Maxwell opened the Public Hearing to take additional testimony on the Southlands 8 -lot Short Plat appeals. Mr. Ian Munce, Planning Director, explained that Southlands is an 8 -lot short plat reviewed by staff under City ordinances and given administrative approval. Using an overhead display Mr.: Munce pointed out the development pattern in the Haddon Road/41St Street area. Mr. MUnce highlighted project amenities including a waterline booster pump installed at applicant's expense improving the water pressure for approximately 30 homes. Additionally, Mr. Munce reported on negotiations held between property owners along "O" Avenue and the applicant for utility extensions. City staff have recommended approval subject to 17 conditions. Eight "O" Avenue property owners have presented a signed Agreement with detailed conditions on utility installation and financial responsibility. After reviewing the agreement the applicant proposed two clarifications. To accommodate these modifications, Mr. Munce suggested that an 18th condition be added: "The agreement shall adhered to with the clarification that (1) the walking path referred to in Item 1 shall only be required "at existing grades" and (2) Item 7 shall be expanded to read "One water and one sewer lateral will be extended to each of the 8 "O" Avenue property owners signing this proposal." Mr. Munce answered questions regarding the formula used to calculate the applicant's financial responsibility. The meeting was then opened up for public comment. Mr. Bob Doop, 4300 "O" Avenue, testified representing the 8 property owners and spoke in favor of accepting the agreement. Mr. Richard Threet, 2801 17th Street, thanked the Council for enabling the local property owners to develop a solution to complicated development issues. Marvel Wells, 4122 "R" Avenue, expressed appreciation for efforts to resolve these issues and suggested that a fence or greenbelt between the properties would be appreciated. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Christiansen thanked the neighbors and developer for arriving at the agreement and moved to deny the appeals and to approve the Southlands 8 -lot Short Plat application subject to 18 conditions. Mr. Rock seconded the motion. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried, Consent Agenda Mr. Carlisle moved, seconded by Mr. Sizemore, that the following Consent Agenda items be approved. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 1499 November 15, 1999 - continued Aooroval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on November 4, 1999 and November 10, 1999 are approved for payment as of this date, November 15, 1999. Council vote was unanimous. Claims Warrants Nov, 1999: Warrant Numbers 5146 through 5379 in the total amount of $619,155.19 Payroll Oct, 1999 Warrant Numbers 15643 through 15763 in the total amount of $272,205.98 Council cancelled Warrant # 4908 in the amount of $34.00 Council adopted Ordinance No. 2509 vacating a portion of "A" Avenue Council adopted Ordinance No. 2510 vacating a portion of the alley in Block 229, Map of the City of Anacortes Council adopted Findings of Fact and Conclusions of Law for the Samish Pre -School Expansion Conditional Use Permit Council adopted Findings of Fact and Conclusions of Law for the Methodist Church Expansion Conditional Use Permit Chamber of Commerce: Tourism Promotion Contract Amendment Mr. Munce, Planning Director, explained to the Council and audience that the State of Washington rebates 2% of sales tax for tourist promotion. Locally, the Chamber of Commerce was awarded monies from the tourism fund for, a $6,600 signage project. The Chamber presented a request to substitute the $6,600 signage project with a $2,680 tree lighting project for the holiday season. Mr. Andy Mayer, Chamber Executive Director, described the logistics of the downtown tree lighting plan. Speaking in favor of the project, Mrs. Robinette moved, seconded by Mr. Carlisle, to approve the Tourism Contract Amendment. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Mrs. Robinette asked if the lights could stay up until mid-February. Ordinance: Budget Amendment/1999 Mr. George Khtaian, Finance Director, presented an Ordinance to Council amending the 1999 Budget for the 3rd quarter. Mr. Khtaian then reviewed each of the Funds to be amended; General Fund (001), Tourism Fund (135), and Community Development Fund (180). With that, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No. 2511 entitled "An Ordinance Amending Ordinance No. 2477 Approved and Adopted on December 14, 1998 and entitled 'An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 1999.' " Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Public Hearing: Year 2000 Proposed Budget (This item is on tape and filed at City Hall.) Mayor Maxwell opened the Public Hearing to review and take comments on the proposed 2000 City of Anacortes Budget. Mayor Maxwell then read from a prepared statement highlighting specific areas of the 2000 Budget and a narrative on the preparation of the Budget itself. The Mayor then invited the Department Heads and Managers to share goals, objectives, and performance measures. There were no comments from the audience and the Mayor declared the Public Hearing closed. Readoption of Propertv Tax Resolutions — Suvermaiority Vote Required Mr. George Khtaian, Finance Director, presented two Resolutions for Council review and approval. These Resolutions, previously adopted by Council, require a supermajority vote instead of the majority vote received at the previous Council meeting. With that, Mr. Sizemore moved, seconded by Mr. Petrish, to adopt, with a 3% increase, the Resolutions entitled "A Resolution of the City Council of the City of Anacortes, Setting the City's Year 2000 Property Tax Regular Levy Limit Factor', and "A Resolution of the City Council of the City of Anacortes, Setting the City's Year 2000 Property Tax Regular Levy Increase." Discussion followed a wide variety of budget and economic factors and Council members restated their positions on this issue. Vote: Ayes — Petrish, Sizemore, and Christiansen. No — Rock, Carlisle, Brown, and Robinette. Motion failed. Mr. Carlisle moved, seconded by Mr. Rock, to adopt the Resolutions with a 1.00% increase (0% increase). Vote: Ayes — Carlisle, Brown, and Rock. No — Petrish, Sizemore, Christiansen, Robinette. Motion failed. Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt the Resolutions with a 3% increase. Vote: Ayes — Petrish, Sizemore, and Christiansen. No — Brown, Robinette, Rock, and Carlisle. Motion failed. Mrs. Robinette moved, 1500 November 15, 1999 - continued seconded by Mr. Christiansen, to adopt the Resolutions with a 1.5-% increase. Vote: Ayes — Brown, Christiansen, and Robinette. No — Sizemore, Rock, Carlisle, Petrish. Motion failed. Mrs. Robinette moved, seconded by Mr. Christiansen, to adopt the Resolutions with a 1.5-% increase. Discussion followed regarding parliamentary procedure. Vote: Ayes — Christiansen, Robinette, Petrish, and Sizemore. No — Brown, Rock, Carlisle. Motion failed. Public Heirinq: 6 -Year Transportation Improvement Plan (Resolution) Mayor Maxwell opened the Public Hearing on the adoption of the 2001-06 Transportation Improvement Plan. Mrs. Robinette asked to add a signal at 12th Street and "D" Avenue to the Plan. Mr. Carlisle discussed the Thompson Road signal. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt Resolution # 1527 entitled, "Adopting a Comprehensive Six -Year Transportation Improvement Plan". Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizerpore, and Brown. Motion carried. Mr. Rock thanked the Mayor and staff for the Budget presentation. " At approximately 10:30 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, November 22, 1999 at 7:30 p.m. for the purpose of holding a Public Hearing on the Fidalgo Bay Plan. /ge aian, City clerk -Treasurer H. Dean Maxwell, M or �A`� l Coucilmember 1501 Continued Meeting of November 15, 1999 -- November 22, 1999 Roll call found present: Councilmembers Jeanne Robinette, Bill Carlisle, Nick Petrish, Ken Brown, Bud Rock, and Terry Christiansen. Absent: Ray Sizemore. The Mayor opened the public hearing on the Revised Final Integrated Fidalgo Bay -Wide Plan. The Planning Director presented the Plan, dated September 29, 1999, together with a November 2, 1999 memorandum setting forth additional requirements proposed by the Planning Commission. Additional exhibits were submitted into the record: a November 16, 1999 letter from Mr. Philip Sharpe, attorney for Fidalgo Bay Investors; a November 11, 1999 letter from Mr. Dan Dingfield, Development Manager for MJB Properties; a November 18, 1999 letter from Mr. Richard Stockwell of Fidalgo Bay Resort; a November 22, 1999 letter from Mr. Don Yankacy; a November 22, 1999 letter from Mr. Philip Burton; a November 22, 1999 letter from Ms. Carol Frantz; an annotated set of photographs from Mr. Robert Tull, attorney for some downtown property and business owners; and a November 22, 1999 letter from Mr. Robert Tull. The Planning Director described the procedure involved with the adoption of the Fidalgo Bay Sub -Area Plan and key aspects of the proposed Plan itself. Mr. Bob Everitt, Regional Director for the State Fish and Wildlife Department, stated his department's support for the Plan as currently drafted with its emphasis on bay -wide planning and restoration. The following individuals spoke in favor of the Council adopting the Planning Commission recommendation as presented: Mr. Steve Clark, President of Evergreen Islands; Mr. Phil Sharpe, representing Fidalgo Bay Investors; Mr. Phil Burton; Mr. Don Yankacy; Mr. Brian Wetcher; Mr. Robert Tull; Ms. Cynthia Richardson; Mr. Don McKee; Mr. Ross Barnes; and Mr. John Killingsworth. Several of these individuals referred to the Planning Commission recommendation as a compromise that they could 'accept. The City Councilmembers then informally agreed to entertain the following three amendments to the Planning Commission's proposed language for the CM1 zone: Moving "eating and drinking establishments" from conditional use to permitted use status. 2. Moving "retail and commercial establishments permitted outright in the commercial district" from conditional use to permitted use status "if they are under 20,000 square feet in size." 3. Moving "Condominiums and/or multi -family residences through the PUD process" from prohibited to permitted status "provided the housing is part of a master planned, mixed-use development." Mayor Maxwell then continued this public hearing on the Fidalgo Bay Plan to December 13, 1999 at 7:30 p.m. in the Municipal Building Council Chambers for the purpose of taking additional testimony on these three possible amendments. The meeting adjourned at approximately 10:00 p.m. Gea Kh ian, City Clerk -Treasurer `,/ AZ.., _n 14VZ11 H. Dean Maxwell, May6r ,,,OuncilmeWber 1502 December 6, 1999 Mayor Maxwell called the December 6 meeting to order at 7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Bud Rock, Ken Brown, Jeanne Robinette, Bill Carlisle, Terry Christiansen, and Nick Petrish. Minutes of previous Meeting The Minutes of November 15, 1999 and November 22, 1999 City Council meetings were approved on a motion by Mr. Brown, seconded by Mr. Rock, and passed unanimously. Citizen Hearings No citizens present wished to testify on items not on the agenda. Mavor/Council Communication Mayor Maxwell recognized 274 youth volunteers by presenting them with a certificate and making the following statement: The Anacortes Eagles Community Thanksgiving Dinner is an example of a great cause. This year 300 people were served a traditional Thanksgiving Dinner. One hundred of those dinners were take-out dinners, going to those unable to make their way to Eagles Hall. We are here tonight to recognize the commitment of the Anacortes Eagles for making this dinner possible and we are here to thank them. They could not have put this dinner on alone, and that is the reason we are here tonight. Specifically we want to acknowledge and praise the 274 youth of this community who stepped up, volunteered their time, and helped prepare and present, serve and cleanup, and most important of all, show that they care very much about their neighbors, this community, and the commitment to help make this work a kinder place in which to live. The Mayor then issued a Proclamation entitled "City of Anacortes Proclamation: Bill of Rights Day." This Proclamation established December 15 of each year as the designated Bill of Rights Day in the City of Anacortes. Also under Mayor/Council Communications, Mr. Christiansen questioned the expenditure of funds involved with the state auditor mailing a questionnaire to each City Councilmember and Mr. Carlisle questioned the high cost of the parking fees recently established for the Mount Vernon multi -modal facility. Quarry Contract Approval Mr. Gary Robinson, the City Parks and Recreation Director, presented a proposed Quarry Contract with Lakeside Industries. Mr. Robinson described the lengthy negotiations that had led up to this latest proposal. After discussion, Mr. Brown moved that the Contract be approved as presented. The motion was seconded by Mr. Sizemore. Vote: Ayes - Brown, Sizemore, Carlisle, Christiansen, Robinette, Rock, and Petrish. The motion carried. Consideration: Acceptance of 1999 Street Overlays and 1999 Waterline Replacements Mr. David Lervik, City Engineer requested acceptance of the 1999 street overlays and the 1999 waterline replacements. After discussion, Mr. Sizemore moved that the City accept these improvements. The motion was seconded by Ms. Robinette. Vote: Ayes - Sizemore, Carlisle, Christiansen, Robinette, Rock, Petrish, and Brown. The motion carried. Voucher Approval Mr. Christiansen moved, seconded by Mr. Brown, that the following Consent Agenda item be approved. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. The motion carried. Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on November 18, 24, and December 2, 1999 and approved for payment as of this date, December 6, 1999. Council vote was unanimous. Claims Warrants: Dec. 1999 -- Warrant Numbers 5383 through 5668 in the amount of $965,876.24 Prewritten Claims: Nov. 1999 -- Warrant Numbers 4976-4978, 5130-5145 in the amount of $156,853.08 Payroll: Nov. 1999 -- Warrant Numbers 15810-15936 in the amount of $276,339.08 Draw Payroll: Nov. 1999 -- Warrant Numbers 15764 through 15809 in the amount of $25,237.80 Findinqs of Fact and Decision: Southlands Short Plat The City Council reviewed the Findings of Fact and Decision for the Southlands Short Plat. After discussion, Mr. Christiansen moved that the Findings of Fact be adopted with the following addition to proposed Condition #18: "Additional conditions added and approved by the City Council as enumerated in 1503 December 6, 1999 - continued the November 10 letter from "O" Avenue property owners (attached) become part of these adopted Conclusions of Law." The motion was seconded by Mr. Sizemore. Vote: Ayes - Christiansen, Sizemore, Robinette, Rock, Carlisle, Petrish, and Brown. The motion carried. Ordinances -- 2000 Budaet and Salary Schedule Adoption The Council then considered the following Ordinances: Ordinance No. 2512 ("An Ordinance Adopting the Budget for All Municipal Purposes and Uses for the Year 2000") and Ordinance No. 2513 ("An Ordinance Establishing a Compensation Plan for the Mayor of the City of Anacortes and Repealing Ordinance No. 2478, Passed and Approved on the 14th Day of December, 1998"). Mr. George Khtaian, City Finance Director summarized the budget for the year 2000, the associated Salary Schedule, and the Salary Ordinance for the Mayors position. After discussion, Mr. Sizemore moved that these two Ordinances be adopted and assigned a number. This motion was seconded by Mr. Christiansen. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Carlisle, Petrish, and Brown. The motion carried. Budget Recommendation for the Year 2000 (Tourism Fund) The Council considered the recommendation from the City Council's Tourism Fund Committee (Councilmembers Christiansen, Robinette, and Sizemore and Mayor Maxwell). This committee recommended allocating $72,639 to 15 local groups to use moneys rebated from the state from the sales tax on lodging to promote additional tourist visits to Anacortes. After discussion, Mr. Carlisle moved that Resolution No. 1528 ("A Resolution Authorizing Execution of Tourism Promotion Fund Contracts By and Between the City of Anacortes and Fifteen Agencies for Seventeen Projects") be passed and that the Sub -Committee's recommendation be accepted and included in the year 2000 budget. The motion was seconded by Mr. Christiansen. Vote: Ayes -- Christiansen, Robinette, Rock, Carlisle, Petrish, Brown, and Sizemore. Public Hearina: Vacation of Portion of "C" Avenue The Mayor opened a public hearing on a proposed vacation of a portion of "C" Avenue. The City Public Works Director, Mr. Jim Pemberton, provided some background information on this subject. Mr. Larry Lemons, the applicant, described his reasons for seeking this partial street vacation. There was no further public testimony. The public hearing was closed. After discussion, Mr. Christiansen moved that the street vacation be granted as requested. The motion was seconded by Mr. Brown. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Brown, Sizemore, and Christiansen. The motion carried. Anstensen Final Plat Approval The Planning Director, Mr. Ian Munce, presented the final plat for the Anstensen subdivision. Mr. Munce explained the background to this submission and the Planning Commission's recommendation for approval subject to the posting of a performance bond in the amount of $19,000. It was noted that this amount was recommended by the City Engineer and will cover the sidewalk installation along the "D" Avenue/37th Street curve. There was discussion relative to the landscaping installed and Ms. Robinette, in particular, expressed major reservations about the installation of the detention pond at the expense of losing existing trees. After discussion, Mr. Carlisle moved that the final plat be accepted subject to the posting of a performance bond in the amount of $19,000. The motion was seconded by Mr. Sizemore. Vote: Ayes - Rock, Carlisle, Petrish, Brown, Sizemore, and Christiansen. No - Robinette. The final plat was approved. Executive Session The Mayor then continued the meeting into Executive Session for labor discussions. Then, at approximately 9:00 p.m., the meeting was continued to Monday, December 13, 1999 at 7:30 p.m. in the Municipal Building Council Chambers for the purpose of holding the continued public hearing/deliberations on the proposed Fidalgo Bay Plan. GeorVIhtaiar,/,City Clerk -Treasurer H n Maxwell, Mayof l Councilmember 1504 Continued Meeting of December 6, 1999 December 13, 1999 The Mayor opened the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Bud Rock, Terry Christiansen, Jeanne Robinette, Ken Brown, Bill Carlisle, and Nick Petrish. The Mayor opened a continued public hearing on the Revised Final Integrated Fidalgo Bay - Wide Plan. Mayor Maxwell explained that the November 22 public hearing on this subject had been continued to take additional public testimony on the following three amendments to the Planning Commission's proposed language for the CM 1 zone: 1. Moving "eating and drinking establishments" from conditional use to permitted use status. 1* 2. Moving "retail and commercial establishments permitted outright in the commercial district" from conditional use to permitted use status "if they are under 20,000 square feet in size." 3. Moving "Condominiums and/or multi -family residences through the PUD process" from prohibited to permitted use status "provided the housing is part of a master planned, mixed-use development." Written submittals were noted from the following: a December 3, 1999 letter from Mr. Don McKee, a December 6, 1999 letter from MJB Properties, a December 10, 1999 letter from Mr. Robert Knowles, and a December 11, 1999 letter from Cynthia Richardson. Oral testimony expressing objections or concerns to the above referenced three amendments were received from the following: Mr. Don Yankacy, Mr. Bob Tull, Mr. Doug Thurber, Mr. John Killingsworth, Mr. Phil Sharpe, Mr. Ross Barnes, Ms. Cynthia Richardson, Ms. Erica Pickett, and Mr. Jack Mayer. Mr. Don Yankacy resubmitted "A petition Against the MJB Rezone." The public hearing was closed. Mr. Rock established, with the concurrence of the other Councilmembers, that the matter now under consideration was the current recommendation from the Planning Commission as to the final content of the Fidalgo Bay Plan and whether or not to make any or all of the three amendments as presented above. After discussion, Mr. Christiansen moved that the City Council move "eating and drinking establishments" from conditional use to permitted use status. The motion was seconded by Mr. Sizemore. Vote: Ayes -- Christiansen, Sizemore, Rock, Brown, Robinette, Carlisle, and Petrish. The motion carried. After discussion Ms. Robinette moved that "retail and commercial establishments" permitted outright in the Commercial district, be changed from conditional use to permitted use status "if they are under 20,000 square feet in size." The motion was seconded by Mr. Carlisle. Vote: Ayes -- Sizemore, Rock, Brown, Robinette, Carlisle, Petrish, and Christiansen. The motion carried. After discussion, Mr. Carlisle moved that "condominiums and/or multi -family residences through the PUD process be changed from prohibited to permitted use status "provided the housing is part of a master planned, mixed-use development." The motion was seconded by Mr. Petrish. Vote: Ayes -- Carlisle, Petrish, Christiansen, and Sizemore. No -- Brown, Rock, and Robinette. The motion carried. The Planning Director was directed to prepare a final ordinance adopting the Fidalgo Bay Sub - Area Plan as presented by the Planning Commission and as modified at this evening's meeting. The meeting adjourned at approximately 9:00 p.m. 3 ge K ian, City Clerk -Treasurer H. Dean Maxwell, May r Couna member 1505 December 20, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of December 20, 1999 to order. Roll call found present: Nick Petrish, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Bill Carlisle, Ray Sizemore. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Petrish moved, seconded by Mr. Rock, that the minutes of December 6, 1999 and December 13, 1999 be approved as if read. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, and Rock. Motion carried. Citizen Hearinas Mrs. Linda Newbrough, 1101 "F" Avenue, addressed the Council regarding Ordinance No. 2438 relative to the 4th of July discharge of fireworks within the City limits. Mrs. Newbrough suggested that the City Council continue discussion on the Ordinance enforcement as substantial numbers of the illegal fireworks are still being used. As evider1ce Mrs. Newbrough displayed various rockets and firework debris found on her property after the 1999 July 4'h celebration. The Mayor thanked Mrs. Newbrough for her comments and concerns. Mayor/Council Communication; . >Oli FA.a .. r.p J.4.d'v A'•1 In light of the various changes and revisions to the Fidalgo Bay Plan, Mrs. Robinette suggested staff prepare one document highlighting current language in bold type and strike -out through discarded text. Also, this document should be made available one week before the Tuesday, January 18, 2000 City Council discussion on this item. Ordinance —Travel Policv Mayor Maxwell introduced an Ordinance for Council approval entitled "An Ordinance Repealing Ordinance No. 2262 dated January 4, 1993, entitled City of Anacortes Travel Policies and Procedures, and Repealing Amending Ordinance No. 2332 dated October 3, 1994, and adopting New Travel Policies and Procedures for the City of Anacortes." Previously reviewed by Council in Study Session, this Ordinance is adapted from the 1998 State Auditor's Office Travel Manual. With that, Mr. Brown moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2514. Mrs. Robinette requested that a 2000 year-end report be provided comparing the new system costs as compared to the former method. Vote: Ayes — Brown, Christiansen, Robinette, Rock, and Petrish. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock, that the following Consent Agenda items be approved. Vote: Ayes — Christiansen, Robinette, Rock, Petrish, and Brown. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 9, 1999 and December 16, 1999 are approved for payment as of this date, December 20, 1999. Council vote was unanimous. Claims Warrants Nov, 1999: Warrant Numbers 5669 through 5866, and 5875 in the total amount of $523,553.89 Prewritten Claims Dec, 1999 Warrant Numbers 5380 through 5382 in the total amount of $7,215.37 Council cancelled Warrant # 5293 in the amount of $67.50 Council adopted Ordinance No. 2515 vacating a portion of "C" Avenue Board Reappointments Mayor Maxwell thanked all the community volunteers who have stepped forward to participate on the City's Boards and Commissions. With that the Mayor submitted the following names for consideration for various Board reappointments: Rick Haley, Forest Advisory Board; Brad Adams, Park and Recreation Board; Clay Leming and Laurie Geer, Planning Commission; Dottie Seward, Library Board of Trustees. With that, Mr. Christiansen moved to confirm the Mayor's reappointments. Mr. Brown seconded the Motion. Vote: Ayes — Robinette, Rock, Petrish, Brown, and Christiansen. Motion carried. December 20, 1999 - continued Ordinance: 0 Quarter Budaet Amendments Mr. George Khtaian, Finance Director, presented an Ordinance to Council reflecting the 4th quarter amendments to the 1999 budget together with a summary listing budget amendments for all four quarters. Mr. Khtaian then reviewed each expenditure and revenue history. After discussion Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance No. 2516 entitled "An Ordinance 'Amending Ordinance No. 2477 Approved and Adopted on December 14, 1998 and entitled 'An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 1999' ". Mr. Rock thanked Mr. Khtaian for initiating the quarterly review process. Vote: Ayes — Rock, Petrish, Brown, Christiansen, and Robinette. Motion carried. Fidalcio Bav Habitat Restoration: Proiect Desian Mr. Ian Munce, Planning Director, presented a proposed Statement of Work prepared by Battelle Marine Sciences Laboratory designed to identify a prioritized list of habitat restoration projects for Fidalgo Bay together with associated project costs. The Mate Department of Community, Trade and Economic Development will fund $25,000 of the projected costs. Additionally, the Port of Anacortes will share in the plan costs. With that, Mrs. Robinette moved, seconded by Mr. Rock, to authorize the Mayor to enter into a contract with Battelle Northwest for the Development of Additional Natural Resource Elements for the Revised Final Integrated Fidalgo Bay -Wide Plan and EIS. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, and Rock. Motion carried. Ordinance: Minor in Possession Mr. Ian Munce, Assistant City Attorney, presented an Ordinance to Council that would amend the City's criminal code dealing with furnishing liquor to persons under the age of 21 and possession, purchase and consumption of liquor by persons under the age of 21 years. The new ordinance restates the state law and brings our ordinance into conformity with the state code. Discussion followed. Mr. Brown moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2517 entitled "An Ordinance Amending Section 12.4 and Section 12.5 of Ordinance No. 2017 Relating to Furnishing Liquor to Persons Under the Age of twenty-one and Possession and use of Liquor by Persons Under the Age of twenty-one Years." Vote: Ayes — Brown, Christiansen, Robinette, Rock, and Petrish. Motion carried. Mr. Rock asked for a "Q" Avenue paving update from Mr. Jim Pemberton, Director of Public Works. There being no further business adjourned this meeting at approximately 8.00 p.m. The Mayor then announced that there would not be a Study Session on Monday, December 27, 1999. G City Cl rk-Treasurer H. Dean Maxwell, May r 6ouncirmember