HomeMy WebLinkAbout2006 City Council Minuteswow
At 7:30 [znn. Mayor K8oxvve\l called the regularly scheduled evening rnmethlo of
January 3, 2006 to order.
Ms. Wanda Johnson, City Cherk, administered the Oath of Office to Mayor Maxwell. The at -
large Counoi|nlernbena. Erica Pickett, Bill Turner, Cynthia Richardson, and Brian Geer were then
sworn in.
Roll call found Loren Hoboy, Nick Petrish.Erica Pickett, Brad Adams, Bill Turner,
Cynthia Richardson, and Brian Geer. The Pledge of Allegiance followed roll call.
Minutes of Previous Meetinq
K8c Richardson rnoved, seconded by K8c Pethohto approve the minutes of December 12, 2005
and December 19. 2005 as if read. Vote: Avea—Petheh. Adams, Richardson, and Hoboy.
Abstain: Pickett, Turn8r, and Geer. Motion carried.
Citizen Hearoqs
Anocortes School District Presentation: Replacement Levv
Mr. Chris Borgen, Anacortes School District Superintendent, thanked the Mayor and Council for
support of the long-term positive partnership between the City and the AnaoorteS School
District. Mr. Bor0en then asked to share information on the District's upcoming four-year
maintenance and operations replacement levy. As part ofhis presentation, Mr. Borgen referred
to an analysis provided by the Citizens for/\nacurtee Schools — he answered four significant
questions: (1) why is the levy needed; (2) how is the Anacortes School District using their funds;
(3) what are the benefits of quality schools; and /4\ boVV can senior citizens receive special
exemption from school levies. Aspart ofthe planning process, a23-nnamberCitizen Committee
was formed with the mandate to study the financial condition of the district and to develop a
budget incorporating a4-yeorlevy. Mr. Bmrgen highlighted that local tax dollars provide 1996 of
school revenue sources. With regard to ependin0, even though Washington ranks below the
national average, Anacortes District is completely focused on the classroom. |nAnacorteo.O596
of the District's budget is earmarked for doemruomn instruction. This positive focus has brought
about learning success aeevidenced by SAT scores and national placement indicators. A /oxv
drop-out ro&a and highly qualified teachers are also o District plus. Mr. BorQen also emphasized
the significant after -graduation eVCCea5 experienced by Anacort8a students. Mr. Kirk
Kennedy, Committee rnenlbar, spoke in favor of the levy. He then discussed the changing
national work place and the critical need for young people to acquire professional skills. M[.
Borgen thanked the Mayor and Council and reported that in this Anaoorteo High School
Centennial year, the District is committed to passing on a legacy of excellence.
cilCorDDlun�abon
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Mayor Maxwell announced that there will be a Port/City Liaison Committee Meeting at 10:00
a.m.onJanuary 8=. Counoi|nlemberaRichardson, Adams, and Hnboywill beattending.
The Mayor was pleased to announce that the Conservation Easement Program '
pecent�
au the $1.000.000 mark.mark.Established in 1998. the goal of this ouCoeaafu| fund raising
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program is to raise sufficient monies to support the Forestlands management in perpetuity.
Mayor K8axvve|| recommended the reappointments of Clay Leming, Laurie Gens. and Martin
LgumbattuStOthe Planning Commission. Mrs. Richardson moved, seconded bv�[Geer h}
confirm the reappointments: Vote: AveG—PiCkett Adams, Turner,Ridlardson.^ Hoboy,
and Petrish. Motion carried.
Mr. Pethah asked that a Council retreat be organized to exchange ideao, policies, and goaka
&4[ HoboyeUggBStad that the Council [neetvv�h the Planning Commission as well. /\ bus trip
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toview development sites was also recommended. The Mayor directed staff hJfacilitate these
Consent Aqenda
K8c Pethah moved' seconded by Mc Ho6nx, to approve the following Consent Agenda items.
Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and Pickett. Motion carried.
Approval CfVouchers/Cancellation ofWarrants
Council voted unanimously that the following vouchers/warrants audited and certified by the
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Council Finance Committee on December 22, 2005 and December 29, 2005 for payment as of
this date January 3, 2006.
Claims Warrants for the month of December and January
Warrant Numbers 34519 through 34663 in the total amount of $574,636.86
Prewritten Claims for the month of December
Warrant Numbers 34515 through 34518 in the total amount of $96.56
In the same motion Council: Accepted the 41St Street Sidewalk Improvement project (04-049-
TRN-001) as complete thereby initiating the mandatory 30 -day lien period; if no valid liens are
filed any retainage now held by the City will be returned to the contractor, Schwetz Construction,
Inc.
Final Plat: The Orchards Planned Unit Development
Mr. Ian Munce, Planning Director, presented the procedural aspects for Final Plat approval of
The Orchards, a 60 -lot Planned Unit Development at 41St Street and "H" Avenue. Approval shall
be granted if the applicant has addressed all the issues and conditions placed on the project by
City Council. If the developer meets those conditions they are entitled to Final Plat approval.
The Final Plat stage is not an opportunity to revisit earlier decisions, but rather, to
administratively review the details of the completed project. If approved, the City of Anacortes
would accept the plat of the Orchards and the entire infrastructure as public improvements; the
City will maintain the improvements in perpetuity. No lots can be sold until this final approval is
in place. The Planning Commission reviewed this application on December 14th and
recommended approval subject to bonding; Public Works itemized those remaining tasks to be
done and recommended a bond in the amount of $143,265. Mr. Adams asked for clarification
on condition 30 regarding the Heart Lake Road connector, specifically, the applicant's proposal
to construct the first 434 I.f of this road in lieu of payment. Mr. Munce explained that the City
has awarded a contract to secure permits for the associated wetland crossing; permitting could
take from 2-3 years. A Council -approved conditional use permit for the stream crossing would
also be required. The Applicant asked that they not be required to wait the 2-3 years for these
environmental approvals and have proposed certain improvements to cover their "fair share" of
the street extension costs. Questions followed regarding the sidewalk construction completion
schedule. Staff recommended Final Plat approval subject to the receipt of an acceptable bond
in the amount of $143,265.00. Mr. Hoboy asked for more information regarding the "fair share"
equation of Condition # 30. After discussion, Ms. Pickett called for this question to be placed
before the Council. Vote: Ayes - Turner, Richardson, Gere, Petrish, Pickett, and Adams. No —
Hoboy. Motion carried.
Appeal: Zoning Administrator's Decision to ADprove a Home Occupation Permit at 2027
"N" Avenue
Mr. Ian Munce, Planning Director, described the Home Occupation administrative process;
neighbors within 300 feet are notified of the proposed use, staff reviews the application,
comments are submitted, and a decision is made. An appeal of the Zoning Administrator's
decision can made to the City Council. Home Occupation permits are specific to the person
who secures the permit, and are subject to an annual review to address any complaints. The
application before Council was made by Christopher Steckler at 2027 N Avenue for his
Acupuncture and Chinese Herbal Medicine Practice. The application package forwarded to
Council included the application, attachments, and all correspondence with the appellant, Mr.
Richard Weyrich. Due to a delay in setting an appeal date, Mr. Steckler was given permission
to operate his Practice on a temporary basis. The review criterion is: will this activity have a
detrimental affect on the surrounding neighborhood.
Mr. Weyrich, the appellant, was not present. Mr. Christopher Steckler, 2027 N Avenue, said
that he is prepared to open his practice and would like to move forward; the circumstances are
well within the guidelines for Home Occupations. Additionally, the home is located in the high
density, mixed-use R 4 zone. The traffic volume will be low with 1-6 patients per day. Mr.
Steckler reported that the property next door owned by Mr. Weyrich, has been vacant for the
last 3 years. Mrs. Richardson pointed out that the Steckler's home is only one block away from
the busy 22"d Street arterial. Mr. Steckler then answered questions regarding potential odor
from the herbs, customer volume, pick up and delivery of the herbs, and location of the herb
grinder. Mr. Hoboy suggested reviewing decibel level at the property line. Mr. Adams said that
the proposed use is well within the code guidelines and moved, seconded by Mrs. Richardson,
to deny the appeal. Vote: Ayes — Gere, Hoboy, Petrish, Pickett, Adams, Turner, and
Richardson. Motion carried.
Presentation: Tree Preservation Ordinance
1983
Mr. Ian Munce, City Attorney, presented a draft of the Tree Preservation Citizen's Committee
proposed Tree Conservation Ordinance. The Committee will meet again on 5:00 on January
17th to finish the review. The Planning Commission will hold a Public Hearing on February 22"d
Mr. Munce underscored that this is a significant citywide ordinance and involves a tree credit
system that will apply to property larger than half an acre. When development activity occurs a
one tree credit per thousand square feet of property will be required. The draft Ordinance will
be on the City's website with copies available at the Planning Department. Mr. Munce then
reviewed the Tree Unit Credits Table (17.80.120(E)3); March is the target date for adoption of
this legislation as an Interim Ordinance. Mr. Munce also said that written and oral testimony will
be taken at the Public Hearing in February.
Ordinance: Providinq for Alternates on the Board of Adjustment
Mr. Ian Munce, City Attorney, presented an Ordinance to Council for review and adoption. By
way of background, Mr. Munce explained that the Board of Adjustment is made up of 5
members. The Board hears variance requests dealing with height, setback, lot coverage, and
dimension. The Board meets at least once a month and securing a quorum for those meetings
has been a challenge. According to the draft Ordinance, alternates to the Board would sit at the
meeting but wouldn't vote unless they were asked at the beginning of the meeting to participate.
Board of Adjustment members, staff, and Municipal Research have reviewed this Ordinance.
Mrs. supported this action. With that, Mr. Hoboy moved, seconded by Mr. Turner to adopt
Ordinance No 2728 Providing for Alternates on the Board of Adjustment. Vote: Ayes — Hoboy,
Petrish, Pickett, Adams, Turner, Richardson, and Geer. Motion carried.
At approximately 9:30 p.m. Mayor Maxwell announced that this meeting will be continued to
Monday, January 9, 2005 to hear the following items: Closed Record Meeting: The Highlands
Preliminary Plat; On -Call Public Works Contract Arrangements; and an Executive Session on
the Critical Areas Ordinance (legal issues).
Wanda P. Johnson, Xity Clerk -Treasurer �, H. Dean Maxwell, Mayor
quncilmember
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Continued from January 3, 2006
Mayor Maxwell called the continued meeting b}order at7:3Op.[D. Roll call found present: Nick
PEdr\oh, Cynthia Fl\chendaon' Loren Hoboy, Brad Ada[nS, Erica Piokett, Brian Geer and Bill
TUOle[ The Pledge of Allegiance followed nJU call.
Mayor/Council {�mmmx�mnic��xxm,
Mayor' Maxwell passed - ' ^' ' '- request fromfromBoeing and the Seattle P| for the community to
suggest ��
a�et nnmin a for a Jefferson Award. The contact number is 1-877-293-3025 or Seattle
F,|.corn/Jefferson. Submittals can be made through the City offices.
Mayor K8aXVve|| then reviewed the current procedures for council committee appointments; he
asked that the Council provide input regarding changes to these procedures.
On -Call Public Works Co
Mr. Bob Hvde,Public \&orhs[>inaotV�addressed the Council regarding the benaf�eofusing on-
o@U consulting contracts rather than a roster method. Four Dnne are recommended for on-call
projects: Gray& (]nboFD. Leonard BoudinCt & Shndie. CHS Engineers (a Pacific Northwest
regional firm), and HDR (an international firmwith 8 local office in Mount Vernon). Any project
under $30,000 can be approved by the Mayor. Proposals over $30'000 will need Council
approval. There is no current work being performed VO any projects but staff expect to begin
work on the Transportation Comp Plan, Sewer Design, and Annual Paving Program soon. Mrs.
Cynthia Richardson moved for approval, seconded by Mr. L0[8D HOboy, and passed
unanimously.
Closed RecordHearinct: HiahUamdsPms|[mmimarVPlat
|@D N1UDce. P!oDOiOg Director, initiated the closed record hearing by describing the current
application p[OCedUnBg for property specific applications. The procedure Used to consist of two
public hearings - one before the Planning CD[OnliSSiOD and one before the City COUOoi|. The
Legislature changed the process to only one hearing (open record) and then a closed record
naVieVv. The Planning CoD101iosiOO holds open record public hearings, then transcripts are
pnepared, and the full application goes to City Council with m recommendation. 7-hena is one
week to file an appeal of this recommendation. He indicated there are no appeals tonight but
Council is not bound tVfollow the Planning CVD101\Sa\OO recommendations. M[ K8uOQe asked
the Council to revisit when and how they want t0 n8CaiVe complete packages, i.e.' early on,
vvEtGh DVOo, early transcript, vV2tCh Channel 10. He asked that they (8t Joann St3VV8d kOOVx
how they would prefer receiving the information. Mr. LOF8D HOboy requested DVDs be recorded
So they can be viewed VD both a computer and mte|evisioO. Mrs. Cynthia Richardson asked
that the Council receive advanced notice Ofsite visits bythe Planning Commission.
Mr. K8UocetheO proceeded with the description of the process for 8 standard subdivision. The
subject property is 16 acres which could hold Up to 84 units; this aotV@| application is for 47
units.
' This is the second time that this acreage has been to the Planning Committee and the
City Council. The first application was for the (�|u[e property. An additional property has been
added 10this theLovejoy prOpe�»). Approval xv8Sgranted DhgiD8\\y. |tinvolved GcO[np\io@ted
switchback coming up the hill. The City {|oUOd\ approved that very reluctantly after a lot of
discussion about getting better access tothat area. Mr. Strandberg and Mr. VVooding have
taken over that project fnorn the Clunes and they now propose an expanded project. Access to their project comes all the way over from "D" Ave. on 17 th Street. This is a substandard street
with gravel portions. The layout provided in the {}OunCi| packet follows the comprehensive plan
directive from about 10 years ago which was to connect streets where reasonable and practical.
The proposal would be to come in from 17m Street, COrne up the hill with a full city street and
connect tOGeorgia, The record from the Planning Commission meeting indicates the neighbors
on 17m street started out being very skeptical and opposed tOthe project because there are @ lot
of existing drainage problems on 17m Street and the street is not designed for the intensity that
is planned.
Without committing the City Council to anything, the City staff worked with neighbors and
Planning C0rn0iSSioD to come Up with a package that will vxVrk, i.e.' fixing existing drainage
problems before continuing, and developing @ cost sharing on the road. The applicant would do
some blocks, the City vVOu|d do some blocks. This VvOV|d be Si0i|o[ to cost sharing on the
Kansas project and the 28th Street extension from ''H^tm ^J.'' but it is o major cost of approx
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$4OO'OOOtothe City. A O�nOr8ndunfrom B� Wanda Johnson, Finance Director, outlines the
cost sharing. Mr. Fred BuCkenmeyer, City Engineer, has met with the neighbors and developed
a design that works with the neighbors of 17 m 8tnaet, keeping some significant trees, jogging in
certain areas, sidewalks in certain configurations, aidevvo\ke on one side of the street, and also
some proposed traffic calming measures. A final decision is not required tonight. The Public
\Kk][hS Committee reviewed this last Friday and the Finance COrnnnh±ae vvaOto to look at finance
issues. The purpose of presenting this information tonight was to get started on the process.
Another feature Mr. K8unoe pointed out is that the project does include the requested 30 ft.
forest land buffer zone. There are noappeals because the neighbors have agreed tothe street
configuration and the regional drainage nyS1e/D. The Planning Commission recommended
approval of this project subject to 30 conditions. Mr. K8unca stated he does not believe action
tonight iaappropriate but rather that the project shVu|dbeputontheo0endaforna»tN1ondayao
that the Finance Committee can look atitnext week and perhaps the Public Works Committee
can have another meeting. Both Fred BuChennleyarand Mr. K8unne will be available to answer
any questions.
Mr. Adams expressed concerns about transportation and drainage. |fCity Council did not agree
regarding the funding from A to D Avenue, would the development still have adequate drainage
without that work being done? Mr. MUDQeresponded that itwould not and the neighbors would
be opposed to the project based on their testimony because it had not solved the existing
problem. Mrs. Richardson expressed concern with blocks B to [} in that those blocks already
have reasonable drainage and she did not see anything in the record that those people in those
two blocks had any concern. She believes it is really those people in the upstream blocks that
had the most concern and asked that if those two blocks were separated out for later
consideration in funding, would solve most problems inthe neighborhood? M[ Buoken[neyer
responded that during the three meetings with the neighbors, the concerns were vehicle safety,
drainage, and pedestrian safety. If the last section is left out, there will not be o sidewalk
connection to [}Avenue, Mr. Hoboy raised a question regarding the section from Bto D and
asked what the Cost is for doing that piece. He stated that this is a cost that the City bears
directly and voiced his concerns regarding the City's funding priorities.
Mr. Adams added another point to consider in that this does create a connection between D
Avenue and the west side even though that is not the primary intention. He explained that in
case of an ennergency, someone could get from D Avenue up to Georgia and Up to West 7 if
necessary. Mayor Maxwell agreed that consideration should really begiving to completing this
project now as opposed to later because of the connection to D Avenue. He added that there (s
a lot of water on that hill and that it would be wise to take oana of it now. He also commented
that costs are going tVgoupand probably not by@small amount. Mayor Maxwell stated that it
would be helpful to get more detailed cost breakdown even if we have to do some guessing
and maybe obtaining information from g couple of different sources just to provide o good idea
of the costs. Mrs. Richardson asked Mr. Buckenmeyer if it was possible to gat engineering
done on an entire length and more detailed costs estimates and then determine atthat time if
the entire project should be completed at one time or save last piece for the funding season.
Mr. Buokennmeyerresponded that this was definitely possibility and that before proceeding
with a developer agreement, definite numbers would have to be provided. The City will not
enter into any kind of an agreement until the exact numbers for cost are known.
Mrs. Richardson then asked Mr. BVokenrneyerwhether there is any vxmy to know what fraction
of the total project cost is eaten up by things like writing the contract and getting equipment on
site. Mr. Buckennneyer responded that the City generally allocates 20-25 percent to contract
administration. He also added that in this particular case the savings would come from the
contractor doing the project. Mr. Pethgh added that at the Public Works Committee meeting on
Friday Mr. Buohenrneye[anevverad all questions and Mr. Petrieh sees no problem except for
final tweaking for financial information. Mr. HObOy added that major positive e|e0aDtS of this
project are the drainage improvements on the Georgia Street aide because it deals with
deteriorated storm water drainage and offers e good alternative. Mr. Hoboy'a auQQontjon is that
the project andinfnaatructunebeinstal)edaubotanUa||yaepreeentedtocounci|aodofferngood
value tothe community. Healso expressed concern about adriveway Urnarrow road that isnot
a city road and believes that if this road een/ao 4 or 5 houses, it should be a city rood. Mrs.
Richardson responded access tothe houses from the front would betoo steep and that builders
are trying tomake the best out ofwhat they have towork with. She believes some fine tuning is
needed and ask fellow council rnennbenS to review her suggestions for inclusion in the project
plan. Also parking spaces should beinserted ifpossible.
Mr. &1unms reiterated that if this does not work then it should go back to Planning Commission
for further public hearing and give the neighbors m chance to appeal. &1r. Hoboy again raised
the question that if part of the project is postponed, it does not change the scope, justthe time
frame. Heiaconcerned that other places need the money more now than later. Mayor Maxwell
stated that he believes we are getting way ton far into the details and that if the CoUncil
members d0 not aQree, then it should be sent back to Planning. Mr. Adams proposed not to
take action tonight and tnbring this back next week. The Finance Committee can take alook at
the costs and the Council members will consider the project next week. Mrs. Richardson asked
if there is a finance committee to look at this.
Cap Sante Historic Property Report
Gary Robinson, Parks Director, introduced the members of the Historic Preservation Board. He
then introduced Julie Koler who reported on history of historic preservation in Anacortes and
registered buildings on Cap Sante. Ms. Koler thanked the Historic Preservation Board for their
volunteer efforts and then reported on the survey and inventory procedure and the
documentation of historic properties including 27 new properties, 13 updated older properties as
well as 90 properties outside Cap Sante. She explained that Inventory is just pool from which
landmark properties are drawn and that landmarking is a volunteer effort. She added that the
Board is developing incentives to encourage people to participate.
Ms. Koler reviewed her recommendations to the Board for future work. She stated that there
are many administrative types of recommendations that will ease work at the city level. Ms.
Koler reviewed the long term such as amendments to existing city code regarding landmark
nomination and designation. She stated there are a number of things in the code that could be
revised that would make it easier for the applicant and for the Board to process. One change is
to allow for Board membership outside the city limits of Anacortes. She stated this is a problem
everywhere and gave as example the need for a preservation architect who may be difficult to
find within the city limits. She also suggested amending the code to allow for creation of historic
districts as Anacortes does have historic districts. The Board has two landmark nominations —
Eagles Hall and Bank of Pacific Building. The Eagles organization is running into problems due
to the property taxes on the building. She informed the Council that there is a program called
Current Use Taxation for Open Space Program that needs to be implemented locally. It is
adopted in Skagit County, but it can be expanded to include locally registered historic landmark
properties as eligible categories. This would allow the owner to apply for and reduce their
property taxes. Identifying and implementing additional incentives to encourage individuals to
preserve their properties is something you can do as elected officials.
Mr. Petrish let the Board know that he met a lot of new people that live in the Old Town area
and that they enjoy this area for convenience (shopping, mail, etc.). He added that he did not
think we were going to have to think about redevelopment until we reached build out, but was
informed by a couple that have a house on the waterfront area of Old Town that they been
contacted by a contractor who wants to buy their house to tear it down and build condominiums.
He concluded by saying that we are going to have to take a hard look at declaring Old Town
(22nd Street North) as a historic district.
Ms. Koler then concluded that regular meeting of the Historic Preservation Board are held on
the 3rd Tuesday of every month which anyone can attend (at city hall).
Marine Resource Committee
Ms. Erica Picket presented the Marine Resource Committee report. She introduced members
of Marine Resource Committee and thanked Dr. Paul Dinnel for putting the presentation
together. She explained who the Committee is and their background. Volunteers are appointed
by the Skagit County Commissioners. In 1997 and 1998 it was obvious something needed to
be done for our fisheries resources. Various proposals were made but rejected and then
Representatives Jack Metcalf and Senator Patty Murray got together and suggested an
experimental process be set up and funded by Congress. She stated we have good
representation from a whole variety of fields. There is funding attached so they can do the
projects. One of the first projects was the possibility of setting up bottom fish reserves. What
we know about bottom fish now and what we used to know are entirely different. There have
been eight sites identified for possible preserves. The MRC compiled information regarding
populations and locations.
Spartina eradication is another project the MRC has been working on. Spartina is a cord grass
and is not native to this area. It is as invasive and destructive as English Ivy and chokes out
clams. Eradication is accomplished by digging up the grass and volunteers work on that.
Derelict gear is another big problem. An abandoned net or trap continues to fish for years and
years. The MRC funded a major undertaking with professional divers and professional gear.
They brought back 694 crab pots and 196 gill nets. If we would have stretched them out, we
would have covered 45 acres. We also brought up 2 purse seines and an aqua culture net. To
give an idea of just how destructive these nets can be, one was brought up from near Lopez
Island and there was a pile of bones three feet deep from underneath it. Fish bones, bird
bones, seal bones.
Another project is the forage fish in our area (the little fish that the big fish eat). They are
absolutely essential to the survival of Orcas and salmon as well as to our economy. Trees are
1987
very important for the survival of forage fish eggs. Ms. Pickett presented slides of the tree
plantings on the Tommy Thompson trail that the MRC organized in cooperation with the Parks
Department in the City of Anacortes and the Skagit Conservation District who supplied the
trees. The overhanging vegetation such as the trees is vital to keep the eggs of the forage fish
from being burned in the sun.
Another project is the native oyster restortation. She explained that the native oyster is called
the Olympic oyster and that the MRC planted 90,000 oyster sets in 2002 and 162,000 in 2003.
They were performing some monitoring to see what the survival rate is and how things are
coming along. She explained the history of the Olympia oysters in that they were almost
decimated due to harvesting in the middle 1800's. Pacific oysters were introduced for culture
and are more numerous in these areas. Ms. Pickett described the planting of Pacific oysters in
March Point. She explained the benefits of a healthy oyster supply. They are good to eat and
also improve beach habitat for other oysters. Oysters also help improve water quality.
Ms. Pickett described another project which is the Freestad Lagoon on Samish Island and the
Lone Tree Point Lagoon on the Swinomish Reservation on the south end of the Island. One of
the major discoveries is that the salmon fry have a better survival rate if they transition in
brackish water (half salt/half fresh water) prior to entering the Sound. Lagoons are also good if
they are connected as they offer protection for the little fish.
Another project the MRC has been working on is the removal of treated timber. This timber is
coated with creosote which is very harmful to the fish population. Research has shown that
very small concentrations of creosote will weaken their life expectancy. Efforts are being made
by volunteers to remove creosote logs from beaches. To date, the MRC has hauled 75 tons to
eastern Washington to a hazmat site.
Ms. Pickett reviewed Skagit Bay's Blueprint project which was an early project of the MRC. This
project categorizes the inventory of the shorelines and identifies the projects for future
conservation and restoration work. She added that the process that the MRC works under is to
take inventory, analyze the data, prioritize the projects and determine the feasibility of a project.
Mr. Petrish stated that he does not believe that planting trees along the Tommy Thompson Trail
will provide any benefit because the sunlight stays on the trail from morning to night. He also
added that the trees could also pose a problem in that the roots will eventually destroy the trail.
Ms. Pickett explained that the trees also attract bugs which is a major source of food for the
forage fish. Dr. Dinnel added that this is not the ideal situation along the Tommy Thompson
Trail and a better location is out on March Point and that they are working with Tesoro on that.
It was just an opportunity to add a few trees to make the habitat just a bit better. It is not so
much to restore but to rehabilitate our shorelines that have been changed.
There being no further business at 9:15 p.m. Mayor Maxwell continued the meeting in order to
reconvene in Executive Session on Critical Areas Ordinance (legal issues) (approximately 1
hour). No action was taken and the meeting adjourned at 10 p.m.
41J/1 71 �, 4LZnY
Wanda P. Johnson, Ci Clerk -Treasurer H. Dean Maxwell, Mayor
�o ri '
I'
cilmem�er
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At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Tuesday,
January 17, 2006 to order.
Roll call found present: Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner,
Cynthia Richardson, and Brian Geer. The Pledge of Allegiance followed roll call.
Minutes of Previous Meetinq
Mr. Turner moved, seconded by Mrs. Richardson, to approve the minutes of January 3, 2006 as
if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and Hoboy. Motion
carried.
Citizen Hearinqs
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication.-
Election: Mayor Pro-Tem/Sub-Committee ADDointments
Mr. Hoboy moved, seconded by Mr. Adams to nominate Mr. Petrish for Mayor Pro -Tem. Vote:
Ayes — Pickett, Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried. Mr.
Petrish asked for staff recommendations and for a current list of all Council committees and
committee members. Mr. Petrish said his goal as Mayor Pro -Tem is to work closely with the
Mayor to continue moving Anacortes forward.
Appointment: Planning Commission
Mrs. Richardson moved, seconded by Mr. Hoboy, to confirm the appointment of Mr. Bertis
Rascoe to the Planning Commission. Mrs. Richardson added that Mr. Rascoe brings an
architectural background and experience in community development to the Planning
Commission. Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and Pickett.
Motion carried.
Proclamation: Salvation Armv Celebratinq 100 Years in Anacortes
Mayor Maxwell read a Proclamation proclaiming January 21, 2006 as Salvation Army Day in the
City of Anacortes in recognition of 100 years of service and faithful ministry to the community.
A celebration of this significant event will be held on January 21St at Brodniak Hall.
ADpointments: Board of Adiustment Alternate Members
Mayor Maxwell said that based on recent Council action, two alternate Board of Adjustment
positions can now be filled. In that regard, the Mayor received letters of interest from Mr. Stuart
Janke and Mr. J.B. Smith which were forwarded to Council for review. With that, the Mayor
asked for Council to confirm the appointment of Mr. Stuart Janke and Mr. J.B. Smith as
alternates to serve on the Board of Adjustment. Mr. Petrish so moved, seconded by Mrs.
Pickett. Vote: Ayes — Turner, Richardson, Geer, Hoboy, Petrish, Pickett, and Adams. Motion
carried.
Mrs. Richardson asked the Council and audience to recognize one of the many organizations
and individuals who have contributed to the Forestlands Conservation Easement program; the
Program has now reached the $1,000,000 mark. Mrs. Richardson invited Ms. Nancy Chapman
of the Plymouth Congregational Church to tell how their small organization worked for 5 years to
contribute $5,000 to adopt a 5 -acre grove through the Easement program. Ms. Chapman
challenged other small groups and congregations to participate. The Mayor and Council
expressed appreciation for this noteworthy effort.
Mr. Adams then noted the significant sidewalk projects recently constructed throughout the City.
In particular, Mr. Adams said that the new 41St street sidewalk from "A" to "O" Avenue makes for
safer pedestrian travel.
Hiqhlands Preliminary Plat: Deliberation and Action
Mayor Maxwell introduced the Highlands Preliminary Plat deliberation phase. The Council held
a Closed Record Meeting on the Plat application on January 9th and continued the matter to
discuss project conditions and development agreement details. The project, a 2 -phase 47 -lot
residential subdivision located east of Georgia Place, was reviewed by the Planning
Commission in Public Hearing. The Commission recommended approval subject to 30
conditions including upgrades to 17th Street and cost sharing arrangements between the
applicant and the City for 17th street and associated drainage improvements.
Mc Fred Buckenmeyer, Assistant City Engineer, recapped the meetings of the Public Works
Committee subsequent to the Council meeting of the 9"' The Committee discussed the
Planning Commission recommendation that the entire portion of 17m Street be completed. The
Committee determined that this project is worthwhile and warranted shared costs with the
developer with aspecific target of835O,UOOofCity funds. The owners then worked diligently to
hold down costa and offered a revised project cost of $378,000; staff recommends approval.
AddidonaUy, the owners are guaranteeing that there will be no increase in the contract amount
over time even though the cost of materials may go up during construction. Additional
considerations are that the engineering work for the improvements will be provided at no cost to
the City and there will be no mobilization charges. Again, Staff recommends approval of this.
Further. the City will have an opportunity to place a latecomers agreement on a portion of the
project to recoup a portion of the funds; plat fees, stonnxvatmr General Facility Chmrges, and
transportation impact fees will also offset costs. The finished project will provide for o
continuous sidewalk from the plat to^[]"Avenue.
Mrs. Richardson re-emphasized that with this proposal, over time the City will recoup significant
project costs. MrHoboy pointed out that the improvements provide analternate emergency
connection tothe west end. Mr. Adams and Mr. Turner spoke iDfavor ofthe project and ofthe
efforts by both the applicant and the Public Works Committee tomove this project fonwand. With
that. K8na. Richardson moved, seconded by Mr. Hoboy, to approveThe Highlands Preliminary
Plat application subject to the conditions recommended by the Planning Commission as
modified in a January 11, 2006 Memorandum from Fred Buckenmeyer, Assistant City Engineer,
entitled "Staff Proposed Revisions to Planning Commission Recommendations"; and to
authorize the Mayor toenter into aproject Oeve|opment/4greennentinanannountnCttoe»oeed
$378,000.00. Vote: Auee—p{ichardoon. Geer, Hmboy, Petheh. Pickett, Adams, and Turner.
Motion carried.
Consent Aqenda
K8c Pethah moved' seconded by YWc Adams, to approve the following Consent Agenda items.
Vote: Ayes — Geer, Hoboy, Petrish, Pickett, Adams, Turner, and Christiansen. Motion carried.
Approval ofVouchers/Cancellation ofWarrants
Council voted unanimously that the following vouchers/warrants audited and certified by the
City's Auditing (]ffioar (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on January 5. 2006 and January 13. 2006 for payment as of this
date January 17,2OO6.
Claims Warrants for the month of.anuary
Warrant Numbers 3467Othrough 34O75inthe total amount of$1.167.247.44
EFT for the Month ofJanuarY
EFT Numbers 34004through 34O69iOthe total amount of $490.00
Poyrn))#1for December 3O.2OO5inthe total amount of$644.O47.S3
Warrant Numbers 28461through 2853Ointhe total amount of$21S'2O1.63
Direct Deposit Numbers form 17O24through 17125iDthe total amount of$23S.828.O4
EFT Numbers from 486through 4Q7inthe total amount of185.557.30
In the same motion Council:
Accepted the Thompson Trail Trestle Retrofit project (NM-20as complete thereby
initiating the mandatory 30 -day lienperiod; if no valid ikano are filed any retainage now held by
the City will be returned to the contractor, Wilder Construction Company;
Accepted the "T^ Avenue Overlay and Sidewalk Improvement project /05-058-TRyJ-001\ as
complete thereby initiating the mandatory 30 -day lien period; if no valid liens are filed any
retainage now held by the City will be returned to the contractor, CJ Construction (Corey
Johnson); and
Accepted the Marine Drive Safety Improvements as complete thereby
|D0@UOg the mandatory 30 -day lien period; ifn0valid liens are filed any retainage now held by
the City will be returned to the contractor, Island Construction Site & Utilities.
Ana#ortes Familv Shelter Pmmiect: Update
Mr. Ian K8unce. Planning Director, briefly described the Federal Department of Housing and
Urban Development Community Development Block Grant pnogn3nl to fund city rehabilitation
projects that benefit the low income. Through this program the City has earmarked grant funding
for the Housing Authority asour contribution tothe New Wilson Hotel project 8ndbmaagreedto
hold the Community Action Agency harmless for Agency social service programs in Anacortes.
1990
With regard to an additional request for community development block grant funds, Mr. Eric
Johnson and many others have been working to develop a family shelter project in the City of
Anacortes. Mr. Munce explained that a Public Hearing will be scheduled for March to consider
this and other requests for next year's grant monies. Prior to that, however, Mr. Johnson has
asked the Council for a draft letter from the City confirming that the Shelter Project will be
considered for funding; however, the Council decision to fund would come after public hearing
and input. Mr. Eric Johnson, proponent, said that the property at 1011-1017 27th Street is an
appropriate location for a shelter close to schools and other facilities. The program to help
those in need includes case management, an action plan, and support. Mrs. Richardson
remarked on the considerable effort by Mr. Johnson and others to make this critical facility a
reality. In response to a question from Mrs. Pickett, Mr. Johnson explained that a high
percentage of homeless families find themselves in difficulty due to unexpected and inordinate
medical expenses. By consensus, a letter of encouragement for the Shelter Project was to be
prepared that that every consideration will be given to this project through our regular
hearing/public input process.
Library Director Appointment: Geraldine Veenstra
Ms. Emily Schuh, Human Resources Director, was pleased to introduced Ms. Geraldine
Veenstra, the new Library Director for the City of Anacortes. Ms. Schuh described the extensive
recruitment process used to fill this position. From that process, Ms. Veenstra was selected as
the top candidate and has accepted the position as Library Director subject to Council approval.
With that, Mrs. Richardson moved, seconded by Mr. Hoboy, to approve the appointment of Ms.
Geraldine Veenstra as the Library Director for the City of Anacortes. Vote: Ayes — Hoboy,
Petrish, Pickett, Adams, Turner, Richardson, and Geer. Motion carried. The Mayor thanked
both Mr. Doug Everhart, outgoing Director, for his 33 years of dedicated service and the Library
Board for its diligence and commitment to the Library and to the community.
Forest Board Request Zoning on South Fidalqo
Mr. Rick Haley, 1804 Lea Place, Chair of the Community Forestlands Advisory Board,
presented a request to the City Council from the Board. The Board has asked the City Council
to consider urging the County to retain the current 10 -acre zoning on the land adjacent to the
Anacortes Community Forest Lands in order to preserve and protect the forestland habitats.
Mr. Petrish suggested hearing from proponents of the 2.5 acre zoning. Mr. Turner as a former
member of the Citizens Advisory Committee , reported that surveys have indicated that
landowners on south Fidalgo Island were not in favor of the 2.5 zoning. Mr. Ian Munce,
Planning Director, explained that legislation already exists to protect fish and wildlife habitat
conversation areas (City forestlands). In light of that, the Board's goal could be achieved with a
letter to the County underscoring that there is no justification to change existing zoning next to a
fish and wildlife habitat conversation area.
Resolution: Personnel Policv Update
Ms. Emily Schuh, Human Resources Director, presented a Resolution to Council for review and
approval. If adopted the Resolution would update the City Personnel Policies Section 606 to
accommodate legislation that establishes designated smoking outside areas. Under 1-901,
smoking outside is prohibited within 25 feet of entrances and exits, windows that open, and
ventilation intakes. On a question from Mr. Adams, Ms. Schuh reported that employees have
been notified of this new restriction. With that, Mr. Hoboy moved, seconded by to adopt
Resolution No. 1716 regarding personnel policies and benefits for the City of Anacortes
employees. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and Hoboy.
Motion carried.
At approximately 9:30 p.m. the Mayor continued the meeting to Monday, January 23, 2006 at
7:30 p.m. for the purpose of reviewing Airport planning documents and the Airport Perimeter
Buffer Encroachment Mitigation plan.
aP 6,p4h
Van rk-v' 1
da P. Johnson, C yClerk-Treasurer H. Dean Maxwell, Mayor
Counc-ilmember
1991
January 23, 2006
Continued Meeting of January 17, 2006
At 7:30 p.m. Mayor Maxwell called the continued meeting of Tuesday, January 17, 2006 to
order.
Roll call found present: Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner,
Cynthia Richardson, and Brian Geer. The Pledge of Allegiance followed roll call.
Ian Munce, Planning Director, described in some detail the recently adopted sub -area plan,
zoning regulations, and development agreement covering the Anacortes Airport. Mr. Munce
explained that these documents had been agreed to between the City and the Port with the
explicit concurrence of the Federal Aviation Administration. Additionally, no appeals were filed
to these documents and so they can be expected to control development at the airport over the
next 20 to 30 years. Finally, Mr. Munce described the additional mitigation work that would be
done at the Anacortes Airport this year and next.
Mr. Munce then presented a January 13, 2006 counter -proposal from the Port of Anacortes as
to mitigation for an airport buffer incursion that occurred last fall. The Council discussed the
adequacy of this mitigation in the context of their overall working relationship with the Port of
Anacortes. The Council accepted this January 13, 2006 mitigation proposal with the stipulation
that the adequacy of the mitigation would be reviewed a year from now with a view to the City
requesting additional work from the Port if appropriate. This action was taken on a motion by
Mr. Adams and seconded by Mr. Geer. Under discussion, Mr. Hoboy argued that the buffer was
being placed in an undesirable location and should be moved up closer to the city street in order
to take advantage of the additional elevation next to the street. Vote: Ayes — Richardson, Geer,
Pickett, Turner, Petrish, and Adams. No — Hoboy. Motion carried.
At approximately 8:30 p.m., the meeting was continued to February 3, 2006 at the W.T. Preston
Snagboat Heritage Center at 8:30 a.m. for the purpose of conducting the 2006 Mayor and
Council Retreat.
Wanda P. Johnson, Cit C -TreasureY H. Dean Maxwell; Mayor
bbuncilmem6er
At7:30p.0.Mayor Maxwell called the regularly scheduled meeting of February 0.2006 to
order. Roll call found present: Nick Petrish, Brad Adams, Loren Hoboy, Cynthia Richardson, Bill
Turner, and Erica Pickett. Absent: Brian Geer.
Minutes of Previous 0Yeetio�q
After making corrections, the'minutes of January Q` January 17. and January 23. 2006 were
approved in a motion by Ms. Richardson, seconded by Mr. Adams, and passed unanimously.
Citizen Hearinas
None.
Mayor/Council Communication�
Mayor Maxwell announced t.e had signed the Benevolent and Protective Order ofElks
"Patriotism Week Proclamation" for the Week of February 2ObJ24.2OO8.
W1[. Turner thanked all \Ov0|Ved for organizing last Friday's retreat. He commented that he
thought itwas very useful.
Unfinished Business
None.
Consent Aqenda
The vouchers were approved 8Sfollows:
Council voted that the following vouchers/warrants audited and Certified by the City's Auditing
Officer (Finance Director) and subsequently F8Viavv8d and approved by the Council Finance
Committee on January 20, 2006. January 27, 2006. and February 3. 2008 are approved for
payment 2sOfthis date, February O,2OO6. Council vote was unanimous.
!
Claims Warrants
!
�
January, 2O0G:Warrant Numbers 34884through 35O8Ohnthe total amount of$748'429.0O
/\CH # 34876 in the total amount of $164.587.85
Pavroli # 1 of January 13, 2006 in the total amount of $441,472.11
Warrant Numbers 28531 through28582inthe total amount of $63'070.80
Direct Deposit Numbers 17105through 17328iOthe total amount Vf$237,232.93
i
EFT Numbers 490through 5O5iDthe total amount of$141.168.38
Payn}U#2ofJ8nUarV31.2OO6iOthe total amount Of$836.2O3.28
Warrant Numbers 28593through 28O02iOthe total amount Of$237'S8S.S1
Direct Deposit Numbers 17327through 1742OiDthe total amount Df$244'330.59
i
EFT N be 5OOthnD h�11iOthe�t@|@0OUOiof�15387O78
|nthe same motion Council:
Cancelled Claims Warrant # 34260 in the amount of $33.89; Claims Warrant # 34712 in the
amount of$2.453.58; Claims Warrant #32510inthe amount of$1OO.00; and Claims Warrant #
31S27inthe amount of $78.20; and
Resolution No. 1717 was adopted setting K8anoh 0. 2006 as the date of Public Hearing on o
proposal toVacation aPortion ofUAvenue. This action was taken oO3motion byMr. Turner,
seconded Ms. Richardson, and passed unanimously.
New Business
Parks Oinector, Gary Robinson, andAnaoortea Parks Foundation President, Doug Co|g|@zier,
presented a draft Memorandum of Agreement between their two organizations for
consideration. Mayor Maxwell thanked the Parks Foundation for all Vftheir efforts on behalf of
the community and expressed 8willingness to continue to provide some limited staff support.
M[. Robinson explained that the agreement satisfies auditors' coOC8[Ds in that 0UtUa| benefits
are secured. After making some editorial changes in the Memorandum of Agreement Ms.
Richardson moved that the Mayor be authorized to sign the K8arnonandunn of Agreement as
presented. The motion was seconded byMr. Pethahand passed unanimously.
19 " Lruary 6, 2006 & February 13, 2006 - continued
At 7:45 p.m. the Mayor continued the meeting to 7:00 p.m. on February 13, 2006 in the
Municipal Building Council Chambers for the purpose of holding an executive session on labor
negotiations.
Wanda P. Johnson, C' Clerk-Treas rer H. bean Maxwell, Mayor
I?P-
C( CuunciIrL
Continued Citv Council Meetinq from February 6, 2006 to February 13, 2006,
All Council members were present. At 7:00 p.m., the City Council convened in Executive
Session to consider labor negotiations (commissioned police arbitration). At approximately 7:35
the Council reconvened and without taking any further action the meeting was adjourned.
k10 " q) a. -74- 4L- M-'4�
nda P. Johnson, it Clerk -Treasurer H. Dean Maxwell, Wayor
i
A
�Council ember
February 21, 2006
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Tuesday, February 21,
2006 to order. Roll call found present: Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams,
Bill Turner, Cynthia Richardson, and Brian Geer.
Minutes of Previous Meetinq
Mr. Petrish moved, seconded by Mrs. Richardson to approve the minutes of February 6, 2006
and February 13, 2006 as read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson,
Geer, and Hoboy. Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication',
Mayor Maxwell read a Proclamation naming May 4, 2006 as the Day of Prayer in the City of
Anacortes.
Resolution: Police Barqaininq Aqreement
Mayor Maxwell introduced Resolution 1718 authorizing the execution of the Bargaining
Agreement between the City of Anacortes and the Anacortes Commissioned Police Guild
effective January 1, 2004. Mrs. Richardson moved, seconded by Mr. Hoboy, to adopt
Resolution 1718. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, Hoboy, and
Petrish. Motion carried.
.......... ............ . . . . .... ........... .................. - .............. .............. .......................
......... .
Consent Aqenda
Mr. Adams moved, seconded by Mr. Hoboy, to approve the following Consent Agenda item.
Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and Pickett. Motion carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the
City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on February 10, 2006 and February 17, 2006 are approved for
payment as of this date February 21, 2006.
Claims Warrants
February 2006: Warrant Numbers 35088 through 35275 in the total amount of $255,103.40
Prewritten Claims
February 2006: Warrant Number 35087 in the total amount of $14,522.25
Pavroll # 1 for January 15. 2006 in the total amount of $434,373.76,
Warrant Numbers 28663 through 28723 in the total amount of $62,833.63
Direct Deposit Numbers 17488 through 17630 in the total amount of $233,962.46
EFT Numbers 512 through 517 in the total amount of $137,577.67
Cancellation of Warrants:
Warrant Number 31325 in the amount of $366.80; Warrant Number 32939 in the amount of
$8.00; Warrant Number 32473 in the amount of $14.00; Warrant Number 33830 in the amount
of $8.53; Warrant Number 34904 in the amount of $8,338.10
;.-- .... ...... ........... . ........... . ...... .......... ............ .......................
1995
February 21, 2006 - continued
Ordinance: Establishinq Public Works Citizen's Advisors+ Committee
Mr. Bob Hyde, Public Works Director, presented a draft Ordinance to Council that would
establish a Public Works Citizen's Advisory Committee and terminate the existing Public Works
Advisory Board (PWAB). Mr. Hyde explained that the PWAB, established in 1994, has been an
important asset in helping establish water rates and utility policies. However, as configured, the
PWAB cannot be utilized to support other Public Works services. In light of that, the draft
Ordinance now before Council would create a Public Works Citizens Advisory Board to consist
of 5 residents who would assist the Mayor, Council, and staff on matters relating to the function
and operations of public infrastructure, evaluate existing services, and perform studies and
special projects. Councilmembers supported this concept; Mrs. Richardson recommended a
number of language clarifications. After discussion, Mrs. Richardson moved, seconded by Mrs.
Pickett to approve the establishment of a Public Works Citizen's Advisory Committee. Vote:
Ayes — Turner, Richardson, Geer, Hoboy, Petrish, Pickett, and Adams. Motion carried. Mr.
Hyde said that an Ordinance incorporating the proposed modifications would be brought back to
Council for review and adoption.
Arts Commission Update
Mr. Gary Robinson, Director of Parks and Recreation, introduced Ms. Rita James, Chairperson
for the recently formed Anacortes Arts Commission. Mr. Robinson explained that the
Commission is charged with the responsibility for helping facilitate the arts in the community. In
that regard, the Commission has been inventorying public art and studying associated
maintenance issues. A Charles Smith sculpture has recently been discovered and the
reconstruction of the piece will soon be underway. Also, the Commission will oversee the
restoration of a Kenneth Callahan painting located at the Post Office. Other projects include the
seagull artwork project at the Tommy Thompson Trail, and working with Island Hospital and the
Port of Anacortes to incorporate public art into their facilities. Ms. James also reported to the
Council that the Parks Department support has been invaluable. With that, the Mayor and
Council thanked Ms. James for her stewardship of this noteworthy endeavor.
There being no further business, at approximately 8:30 p.m. the Mayor adjourned the meeting of
February 21, 2006.
in & "'6' �, \M ))`n TJ _ 7 G2t��
Wanda P. Johnson, City , erk-Treasurer H. Dean Maxwel% Mayor
1
C� '�, � s
Councilmembier
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, K8an:h G. 2008
to order. Roll call found Loren Hnbov, NkkPetrish. Erica Pickett, Brad Adams, Bill
Turner, Cynthia Richardson, and Brian Geer. The Mayor recognized K8c Keith Rubin. port
Commissioner. Roll call was followed by the Pledge of Allegiance.
Minutes of PrevioumQ8eetinq
K8c Petheh nnoxed, seconded by K8c Geer to approve the minutes of February 21` 2006 as if
read. Vote: Avee—Pethsh. Picket, Adanls, Turner, Richardson, Geer, and Hoboy. Motion
carried.
Citizen Hearncis
No citizens present wished to testify on matters not on the agenda.
Mayor/Council
Mayor N1aXvveU introduced a FznJC|annation naming Ma[Ch, 2006 as N8tk}D8} \8/VDleD'S History
Month iDthe City Of/\D@c0rteS. |O1S87Congress established this tribute t2recognize the many
strides, occmmp\iehments, and contributions that women have made in the past century and the
great expectations, challenges, and success for women inthe future.
The Mayor read a card from the Anacortes Farmers Market vendors thanking the Mayor and
Council for the Market's tourism fund grant; the note also reaffirmed the Market's goal toattract
tourists to our area and to encourage them to stay a while.
Public Works Citizens Advisory Ordinance
K8[ Bob Hyde, UineCtV[ of Public Works, introduced o revised Ordinance for Council approval
and adoption. By vV@y Of b@ckVnDUOd. yW[ Hyde explained that at 2 pF8ViOUS meeting the
Council approved, in concept, establishing a revised Public Works Citizen's Advisory Committee
Ordinance. Following that meeting, the Public \8/o[kS COnDDlitt8e' 81@ff' and Mrs. Richardson
reviewed and revised language inthe Ordinance now before Council. With that, Mr. Turner
moved, seconded by Mr. HVbVy, to adopt Ordinance No. 2729 entitled "An Ordinance
Establishing a Public Works Citizen's Advisory Committee, and Repealing Ordinance No. 2333
Passed and Approved the 3 rd day of October 1894.^ Vote: Ayee— Piohatt, Adams' Turner'
Richardson, Geer, H0bOy.and P8trish. Motion carried.
South Fidaiqo Sub -Area Plan: Proposed Comment Letter hmSkaqit County
K8c Ian K8unce. Planning Director, presented adraft letter LoSkagit County regarding Council
COnO0eOtS on the South Fid@|gO Sub -Area Plan. The letter emphasizes: SUppOd OfAD@COrteS
Community Forest Lands (ACFL) Advisory Board recommendation to retain the 10 -acre zoning
on land adjacent tothe ACFL; supports securing a 304bot Native Growth Protection Easement
(NGPE) buffer around the ACFL- and supports a Sub -Area Plan policy requiring that any open
apace provided as part of the oVbdivision process be adjacent to the ACFL The letter also
restates the City's position that South Fidg|go |3\@Dd retain its rural character; further, the City is
adamantly opposed to creeping urbanization. In oOndVaion. the letter urges the County
Planning Commission and Board of County Commissioners to properly address the City of
Anocortea' issues and interests. Mr. Turner and Mr. Petrieh expressed concern regarding the
1O-oorazoning with regard to the rights of property owners in this Area. Mr. Adams, K8[ H0bOy'
W1[G. Pickett, and &4[S. Richardson spoke in favor of the letter. Mrs. Richardson suggested that
Copies of the letter be mailed to the County Commissioners. With that. Mr. Gee[ 0Oved,
seconded by Hoboy. to authorize the Mayor to Sign and distribute the March 7' 2000 letter to
N1[ Gary Christensen, Director, Skagit County Planning Dapadment, regarding comments on
the South Fida|gn Sub -Area Plan. Vote: Ayes —Admmo. Turner, R}ohmnJson, Geer, Huboy,
Petrioh.and Pickett. Motion carried.
_____ ____
�Consent Aclenda
Mr. Adams nnoved, seconded by Mr. Hoboy, to approve the following Consent Agenda items.
Vote: Ayes —Turner, Richardson, C3eer, Hoboy, Potrish, Pickett, and Adams. Motion carried.
Approval ofVouchers/Cancellation ofWarrants
Council voted unanimously that the following V0U audited and certified by the
City's Auditing Officer (Finance [}iraobzh and subsequently reviewed and approved by the
Council Finance Committee onFebruary 24.2OO6 and March 3.2OOOare approved for payment
a8Cfthis date March O. 2006. |
MARCH GL2006-CONTINUED
Claims Warrants
March 2OO8:Warrant Numbers 35276through 3543Ointhe total amount of$5O7,830.81
PavnoU#1for Februarv28.2000inthe total amount of$GO8.23370
Warrant Numbers 28724through 28785inthe total amount of$231.834.35
Oinaot Deposit Numbers 17631 through 17792 inthe total amount of$237.752.O7
EFT Numbers 518through 523inthe total amount of$138.547.37
Paymo||APD retro inthe total amount of $194.791.18
Warrant Numbers 28786through 28817inthe total amount of$1S4.781.1O
In the same motion Council adopted Resolution No. 1719 entitled "Authorizing a Contnacti
Amendment with the Skagit County Community Action Agency" in the amount of $16,350 for the �
year 2006. �
�����
Public Hearinci: Vacation mfa Portion of"KX" Avenue
Mayor Maxwell opened the Public Hearing on a Petition to Vacate a portion of^U^Avenue
submitted by Mrs. Ann Firkins and K8c Thomas Hole. Using an overhead display, K8c Ian
K8unoe. Planning Director, highlighted the proposed "U" Avenue right-of-way vacation between
34m m and 35 Streets; 10 feet of the right-of-way was previously vacated to each abutting
property owner. The Petitioners are each requesting permission to purchase the remaining 30
feet of U" Avenue abutting their property. The Board of Adjustment held a Public Hearing on
this matter and on a 3-2 vote, recommended approval. The Public Works [}epartnnent, citing
concerns regarding the 2O" waterline in the right-of-way and a potential ^U" Avenue street
connection between 34m m and 35 . recommended that Council deny the Petition.
K8c Mike Thompson, 5505 \/aka Stnaet, representing Petitioner Ann Firkns, said her intent is to
landscape, to provide driveway aooeos, and that no permanent structures will be constructed in
the vacated right-of-way.Mr.Thomas Hole, 401 B 34m Gtnaet. Petitioner, stated his intent to
use the hght'of+mayfor parking. Although Mr. Hole currently has on Encroachment Agreement
with the [|ity, his future plans are to Petition the City to rezone his pnopedy, demolish the
existing houso, construct a buoinmse, and use the vacated ri0ht-of-vvayfor parking. Mr. KAunce
clarified that the rezone request will beconsidered with the 2OOGproposed Comprehensive Plan
amendments. There were nofurther comments and the Mayor declared the Public Hearing
closed.
Discussion followed regarding encroachment oQnsemaut and ub|kv easement po|icism, and
potential residential development inthis area. With that, K8c Pethoh moved, seconded by Mrs.
Pickett, to deny the Petition to Vacate a portion of "U" Avenue submitted by Ms. Ann Firkins and
Mr. Bob Hole. Vote: Ayeo—Richordoon, E)ear, Hoboy' Pethmh. Pickett, /\da[no. and Turner.
Motion carried.
Closed R&ecordMeetina: GrimmmmConditionaUUse—Residencein CN@Zone
Mayor K8axvvo| iOUUotod the Closed Record Meeting on m Conditional Use Permit Application
submitted by K8c Don Grimm for the construction of single family residence at 4205 Fida|go
Bay Road in the Cornnneroim| Marine (CM) zone. Mr. Ian Munne. Planning [}ireotor, first
presented m procedural question regarding on appeal form submitted by Mr. Ross Barnes. Mr.
Barnes asked to speak on behalf of the Planning Commission recommendation and conditions
should Mr. Grimm file an appeal. Mr. K8uno8recommended that, aonoappeal was forthcoming,
the Barnes request is out of order. After the Planning Commission hearing Mr. Grimm's
representative, K8[ Ne|s 8trandberQ, clarified that the applicant could not accept the project as
conditioned but Mr. Grimm neither withdrew the application nor appealed the Planning
Commission recommendation. By way of background, Mr. &1unce explained that in 2001 the
City Council issued a Conditional Use Permit for the development of a single family residence at
4205 Fida}go Bay F|mod. During the land use hearings access toTommy Thompson hght-of-
vvayand other critical access issues were negotiated. Now, security issues have prompted the
application before Council for the construction of m caretaker's residence on the property. &1r.
K8unomthen discussed Condition #Srequiring a 25'vegetatedshaded buffer tobeapplied along
the shoreline; Condition # 11 requiring that the caretaker's quarters be setback at least 20 feet
from the Tommy Thompson Parkway; and CoDditioO# 12 requiring public access along the
parcel's entire beach frontage m/atenmardofthe rock bulkhead.
Council addressed the issue regarding K8c Barnes' appeal; K8na. Richardson rnoved, seconded
bvMr. Adams, that the Barnes appeal ioout oforder and will not boheard. Vote: Avea—Geer.
Hobov, Pethsh. Pickett, /\danns. Turner, and Richardson. K0cdiDn carried. It was reiterated that
those with standing can rebut an appeal without filing a fonn@| appeal before Council.
Discussion then followed regarding the p|aoarnant or removal of the existing RV; beach access
in the CK4zone; consideration of the Grimm property as a marine protection area; rerouting
MARCH 6, 2006 - CONTINUED
existing stream into the lagoon; protection of the habitat as a condition; the appropriateness of
pursing public access on this property; preservation versus access with regard to the public; and
application of residential standards in the CM zone. After discussion, Mr. Hoboy moved,
seconded by Mr. Turner, to approve the Grimm Conditional Use Permit for the construction of a
caretaker's house at 4205 Fidalgo Bay Road subject to the Findings of Fact and Conclusions of
Law recommended by the Planning Commission with modification to condition # 12 as follows:
"Public access, as established by the City Park Director, shall be provided along the parcel's
entire beach frontage waterward of the rock bulkhead. Vote: Ayes — Hoboy, Petrish, Pickett,
Adams, Turner, Richardson, and Geer. Motion carried.
Public Hearinq: CDBG (HUD) 2006 Action Plan
Mayor Maxwell opened the Public Hearing to take public comment on the 2006 Action Plan for
the Community Development Block Grant (CDBG) program. The 2006 CDBG funding allocation
is estimated to be $109,000. Mr. Ian Munce, City Attorney, presented a overview of the first
three years funding totaling $249,177 — this leaves approximately $12,000 for allocation in the
2006 Action Plan. There were no public comments and the Mayor declared the Public Hearing
closed. Council directed Mr. Munce to draft an Action Plan including commitments to the
Housing Authority for the New Wilson Hotel project; allocations to Skagit County Community
Action Agency; and allocations to assist the Anacortes Family Center Project. The Mayor urged
the community to contact their congressional delegation and ask that these funds be continued
so that the City can better serve its low income citizens.
Contract Award: Aerial Photo Update
Mr. Bob Hyde, Director of Public Works, presented a request to Council to update the City's
aerial photographs. Significant economic and development activity has occurred over the last
few years and the 2001 aerial photos are now outdated. Mr. Hyde said that updated photos
would include tracking the waterline along SR 20; once compiled new detailed digitized
information will be available to the public. David & Smith Associates, prepared the 2001 data
and would be better able to update the previous survey; total project cost is $48,500. After
discussion, Mr. Turner moved, seconded by Mr. Hoboy, to authorize the Mayor to enter into a
professional services contract with David Smith & Associates in the amount of $48,500 for a
new over flight and aerial maps of the City of Anacortes. Vote: Ayes — Petrish, Pickett, Adams,
Turner, Richardson, Geer, and Hoboy. Motion carried.
Contract Award: Kansas/Oakes Task Order to HDR
Mr. Bob Hyde, Director of Public Works, explained to the Council that a new roadway on
Kansas Avenue from West 2nd to Oakes was a requirement of the Isles Planned Unit
Development plat approval. As of January of this year the Kansas connection has been
constructed; in order to proceed with the connection from Kansas to Oakes the City must design
the intersection and receive approval from the Washington State Department of Transportation
(WSDOT) to make the connection. This work will require analysis, surveying, design, and
construction support. Planning and Public Works staff recommends awarding this Task Order
to HDR Engineering. If approved, a Budget amendment will come before Council to provide
funding for this design project. After discussion, Mr. Hoboy moved, seconded by Mr. Petrish, to
authorize the Mayor to enter into a contract with HDR Engineering in the amount of $49,914 for
the Kansas and Oakes intersection Task Order. Vote: Ayes — Pickett, Adams, Turner,
Richardson, Geer, Hoboy, and Petrish. Motion carried.
Contract Award: Odor Control Proiect to HDR
Mr. Jeff Miller, Assistant City Engineer, presented a request to Council to award a Task Order to
HDR Engineering for an odor control project at the wastewater treatment plant. Mr. Miller
explained that the ductwork at the plant is experiencing significant corrosion; in addition other
metallic surfaces within the headworks are corroding. Also, the ventilation rates within the
headworks are inadequate to remove moisture and corrosive gases. As a result, the City must
evaluate the ventilation and odor control systems for improvements. The associated 2 -phase
Task Order will evaluate and prepare plans and cost estimates for the selected solution.
Without this work the City would be subject to fines from the Northwest Clean Air Agency and
would continue to experience erosion at the Plant. After discussion, Mrs. Richardson moved,
seconded by Mr. Geer, to authorize the Mayor to enter into a contract with HDR Engineering for
Phase I in the amount of $35,882 for the Wastewater Treatment Plant Odor Control Evaluation.
Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and Pickett. Motion carried.
Modification of Ambulance Ordinance — Establishinq Fees
Fire Chief Richard Curtis presented a request to Council to modify the existing City of Anacortes
Ambulance Ordinance by directing City and Island Hospital staff to set ambulance rates. This
has been a long-standing practice; however the Ordinance adopted in 2003 requires that the
1999
MARCH 6, 2006 -CONTINUED
City Council establish this annual rate. The recommended modification clarifies that staff will
determine this rate due to past practice and the routine administrative nature of the task. The
Public Safety Committee has reviewed this modification and endorses its passage. With that,
Mr. Geer moved, seconded Mr. Turner, to approve the amendment to Municipal Code Section
13.54.160 setting ambulance service fees at the discretion of the Mayor and thereby adopting
Ordinance No. 2730 entitled "Ambulance Service Fees Ordinance # 2612 for Ambulance
Services". Vote: Ayes — Turner, Richardson, Geer, Hoboy, Petrish, Pickett, and Adams.
Motion carried.
There being no further business, at approximately 9:40 p.m. the Mayor continued to the meeting
to Monday, March 13, 2006 to consider Ship Harbor Residential Community (Gilbane) next
steps (procedure). The matter will then come before Council for deliberation and possible
action on March 20, 2006.
-Y/\-;� Id _..
lt
P. Johnson Chi Clerk -Treasurer
H. Dean Maxwell, Mayor
a�ncilme=
2000
March 13, 2006
Continued from March 6, 2006
The Mayor called the continued meeting to order at 7:30 p.m. Roll call found present: Erica
Pickett, Loren Hoboy, Nick Petrish, Brad Adams, Bill Turner, Cynthia Richardson, and Brian
Geer.
Gilbane Conditional Use 1 PUD at Ship Harbor.
The Council turned to consideration of three appeals that have been filed on the Gilbane
Conditional Use / PUD at Ship Harbor. The Planning Director, Ian Munce, reported that the
Planning Commission had taken no action after the Council's remand of this issue to them and
stated his opinion that under these circumstances, the appeals were not in order. Mr. Munce
added that the Council heard appeals on the original Planning Commission recommendation
and that the entire record could be reviewed and a decision reached at the Council's meeting on
March 20, 2006. After discussion, Ms. Richardson moved that the new appeals not be heard.
The motion was seconded by Mr. Adams and passed unanimously.
Approval — 2006 Small Diameter Water Main Replacement Project
The City Public Works Director, Mr. Bob Hyde, then introduced the bids submitted on the "2006
Small Diameter Water Main Replacement Project." Mr. Hyde explained the specific segments
of line included in this project and reviewed the three bids submitted together with the
engineer's estimate. After discussion, Mr. Turner moved that the bid be awarded to the low
bidder, C. Johnson Construction, in the amount of $136,256.12. The Motion was seconded by
Mr. Geer and passed unanimously.
There being no further action, the continued meeting of March 13, 2006 was adjourned at
approximately 7:45 p.m.
Wanda P. Johnson, Ci Clerk -Treasurer H. Dean Maxwell, Mayor
a
C:)uncilme ber
March 20, 2006
At 7:30 p.m. Mayor K8oxxvaU oo|kad the regularly scheduled meeting of K8onday. March 20. 2008
to order. Roll call found present: Loran Hobov, Nick Pethoh, Erica Pickett, Brad Adams, Bill
Turner, Cynthia Richardson, and Brian Geer. Roll oo!l was followed by the Pledge of
Minutes of Previous Meetinq
Mr. Hobnv asked that the following sentence be added to page 3. paragraph 2 of the March 6t"'
minutes: "it was reiterated that those with standing can rebut an oppao| without filing a formal
appeal before Council." With that amendment, Mr. Adams moved, seconded by Mr. TU[ner, to
approve the minutes of March O' 2008 and March 13. 2008 as if read. Vote: Avee— Petriah,
Pickett, Adams, Turner, Richardson, Geer, and HVbVy. Motion carried.
CitizenHearnas
K8c John KJUingovvorth, 2404 Highland Drkxa, representing the Anaoortes Museum, gave the
Mayor and Council a progress report on the John Sabe||a & Associates documentary on the
fishing heritage ofAMaoortao. The fi|nl has been a 5 -year collaborative effort and is nearing
completion. When the film is in hand the KAusaurn will organize a premiere showing both now
and again inthe fall. The film title, "Perfect Port" was coined by local muralist and historian, Bill
Mitchell. Mr. Ki||(Dgsvvorth then distributed @ copy of the film jacket artwork to CnUOCi) and
concluded with expressing appreciation to the Mayor and Council for support of this activity,
' noi8C�m�mmumicaton
—'
Mayor Maxwell presented M[ Rob Hcxie with the Mayor's Award of Merit. M[ Hoxia was
nominated by his co-workers and selected by the Mayor for this award becaUm8, in p@rt, of his
exceptional work in coordinating the geographical information SySteOnS and developing City
comprehensive overlays and nO@pm of the various City utilities. Of particular note are K8..
Hoxia's organizational sKi||o, professional work athic, and sense of humor. Because of Mr.
HoXie'o expertise, the City is on the forefront in graphical information and data collection. In
recognition of his outstanding efforts, the Mayor presented Mr. Hoxie with a gift certificate to a
local restaurant.
McPetrish remarked onthe rapid response from the Parks and Public Works Departments in
repairing recent storm damage to the Tommy Thompson Trail.
Ship Harbor RemidentiaUCo0mmmunitv (GiUbano): Deliberation and Possible Action
K8c Turner stepped down from deliberation on this matter. KAc Ian Munce. Planning Director,
described the planning process leading to tonight's deliberation. In 2005 the Manning
Commission held Open Record Public Hearings on Planned Unit Development and Conditional
Use applications submitted by Gi|bang Development Company to develop the Ship Harbor
Residential Community iOthe CK8Zone. After completing the Hearing process the Commission
recommended that Council deny the project and reopen Comprehensive Plan Public Hearings
toconsider rezoning this property from CK8toR2. The Council reviewed the ex1enaiveGi|bane
file including tronschnts, exhibits, and Planning Conlnline/on recommendation. Rather than
follow that recommendation, the Council voted to ask the Planning Commission to review and
recommend proposed conditions should the Council elect to approve these permit applications.
The limited remand Public Hearing was scheduled specifically for the purpose of considering
this one question. However, the Planning CoDlrniSSiDn heard testimony on the DlehtS of the
project, did not address the oonditiune, and reasserted its previous position. Therefore &1r.
K8unca viewed this as an optional Public Hearing that did not generate the action required by
Council. Although appeals were filed after the remand hearing the Council subsequently
dismissed them. The Council must now decide how to prooead, npenUica||y, with regard to the
new record and exhibits created at the remand hearing and who can appropriately respond to
the new mateho|. Also, if site visit is schedu|ad, would the original appellants be able to
comment on the information gathered at the site visit. Mr. Pethsh then addressed a February
15. 2008 letter he received from Gene and Marilyn Oerig and Barbara VVe|/a. Mr. Petriah
reviewed each key point ofthe Dorig'eletter and responded toeach issue. Discussion followed
regarding procedural issues. K8nS. Richardson spoke infavor ofa site visit suggesting that
Council first review the conditions and then see the property. The Mayor emphasized that the
Council cannot receive e-mails or letters on land use issues once a Public Hearing is closed.
After discussion the Council elected to conduct a site visit on K8oOday. March 27. 2000 at 5:00
p.m. No testimony will be taken; key features will be pointed out by applicant/appellants.
Transcripts, exhibits and all material from the February 8' 2006 Planning Commission hearing
will be forwarded to Council phO[ to the April 3' 2006 meeting. The deadline for written
MARCH 20, 200G -CONTINUED
comments uDthe February nmmaterial from the applicants, original and respondents
is Thursday, March 30, 2006 at noon.
The Council then reviewed the 43 conditions proposed by City staff; included are modifications
to the original conditions recommended by PNna. Richardson and K8c Hobov. The Port of
Anac0desSnd Gi|bgn8 have also reviewed the 43 modified conditions and have no objections.
W1[ MUODe reviewed the first 8 standard C0OditiOOo and highlighted key features of the project.
Condition # 8 ShOU|U be 8[neOdad to read "...both G small large p@[c8| StoF[OVVater...^
Condition # 9 states that all streets shall meet City standards: 50 foot right-of-way with 32 foot
pavement. The exemption is to sidewalks: Edwards Way on both sides; all other sidewalk on
one side offset by 1'670 If of public access trail system through parks to vv8ta[frODt. This trail
system shall be open to the public. Regarding condition # 15' K8[ HOboy inquired about
appropriate review of the geo-tech work. Condition # 18' item (g) should read: "...if approved
by the P4apmigg Co0mOhs}ien City Council as 2 part..." The Mayor highlighted Condition # 17
requiring the applicant to release any and all interests in the achauaRt abandoned Burlington
northern Railroad right-of-way to the City. Condition # 34 transfers approximately 22 acres of
wetland and wetland buffer tothe City. |nCondition #25the Port shall transfer "Tract /Y'tothe
City. Park impact fees shall be $1,000per lot rather than the current figure Cf $600. The Native
Growth Protection Easement shall be 20 feet. Condition #20 will give the option of excepting 5
lots from the 3Ofoot frontage requirement. Condition# 30 addresses lot size and density. It
was also suggested that the issue of front porches and detached garages being @||ovved in the
setback beclarified during the Final Development phase. View corridors and landscaping were
addressed. K8[o. F|iChgrdSOD suggested adding to Condition # 31C: ".....sufficient p|oOtS to
substantially obscure..." K8F. Hoboy raised the issue ofetonnvvateFdrainage and asked that
language be added to Condition # 35 regarding the Clearidge stormwater system. CoOdition#
36 should be amended by deleting "portions of'. Condition #43 should contain a reference to
"preliminary plat". Mr. PsthSh suggested some baseline reporting be prepared prior to
development. Again, the site visit is scheduled for Monday, March 27. 2006 at 5:00 p.0. The
proponents were asked tostake the property prior tothe site visit
Final Plat — the Isles Planned Unit Development
K8r. Ian K8unca. Planning Director, presented G Final Plat application for The Isles Planned Unit
Deve|opnlant- o17-|otdevelopment adIsle Way and Cottage Place off ofAnacopparRoad. As
part of the review package the Council received minutes from the Planning Commission
meeting, a memo from staff regarding punch list items, the applicant's response tOthe project
omnditionS, and a final plat drawing. The Planning Commission recommended that the Fina)
Plat be approved subject to bonding in the amount of $42,750. Mr. Hoboy expressed concern
over the steepness of the gr@ws| path to (}mhee /4venue, and potential drainage problems. Mr.
Bob Hyde, Public Works Director, clarified that the bonding does cover vegetation and the berm.
Also, the design for the straight gravel path has been approved and the applicant has complied
with all requirements. The City will look into stabilizing the grade. With that, M[ Geer moved,
seconded by K8nS. Richardson to approve The Isles Planned Unit Development final plat
application subject tobonding inthe amount Of$42.75O. Vote: Ayes — Pickett, Adams, Turner,
Richardson, Geer, Hoboy.and Petrioh. Motion carried.
Conservation Easement Proqrmmm: Final Approval of145Acres
Conservation EasemneoƒK»roqramm: Next 100 Acres
Mr. Jonn Lunsford, Park and Forestlands Manager, presented (1) a request to permanently
place m conservation easement on 145 acres (previously reviewed by Council) bringing the total
number ofacres conserved to 1.005; and (2) o request for approval of 100 acres to be made
available for non -grove donations — this area is known as Sugarloaf \/oUoy, north of Mt. Erie.
With that, Mr. Turner moved, seconded by Mr. Geer to approve the Conservation Easement
Program requests as outlined in March 13. 2006 memorandums from Jonn Lunsford, Park and
Forestlands Manager. Vote: Avea—Adarna. Turner, Riohandeon, Geer, Hmboy. Petrish' and
Pickett. Motion carried.
Ordinance: Final 2005Budoet Amendments
K8a. Wanda Johnson, Finance Director, presented an Ordinance to Council representing the
final 2005 Budget Amendment to reflect additional expenditures from the Sanitation (450) Fund.
With that, Mr. Geer moved, seconded by Mrs. Pickett to adopt Ordinance No. 2732 entitled An
Ordinance Amending Ordinance NO. 2679 Approved and Adopted on November 1. 2004 and
entitled "An Ordinance Adopting the Budget and Salary Schedule for All K8unio}pm\ Purposes
and Uses for the Year 2OO5." Vote: Ayes —Turner, Riohardson, Geer, Hoboy, Pethoh. Pickett,
and Adams. Motion carried.
MARCH 20,2006 -CONTINUED
Ordinance: Short-term Imterfund Financinq
K8a. Wanda Johnson, Finance Dir8ctor, presented an Ordinance to Council that, if adopted,
would authorize a short-term loan from the General Fund 001 to be made tothe Arterial Street
Fund 105 for $148.000. for the duration of 3 montha, at e market nate of 5.5%. After
discussion, Mr. Turner moved, seconded by Mr. Adams, to adopt Ordinance No. 2733 entitled
"4n Ordinance Authorizing a Short Term Loan from the General Fund 001 to the Arterial Street
Fund 105 for $148,000". Vote: Avem— RiohondaOn, Gee[, Hoboy, PetriGh, Picket. Adams, and
Turner. Motion carried.
ConsentAcieodm
Mrs. Richardson moved, seconded by K8[ Goer, to approve the following Consent Agenda
items. Vote: Ayes — Geer. Hoboy, Petheh, Pickett, Adams, Turner, and Richardson. Motion
C@[[i8d.
/\nurovg|ofVouchers/Cancellation ofWarrants
Council voted unanimously that the following vouchers/warrants audited and certified by the
City's Auditing Officer (Finance [Vneot0h and subsequently reviewed and approved by the
Council Finance ConnnlU1ae on March 10. 2006 and March 17. 2000are approved for payment
mSofthis date March 20, 2008.
Claims Warrants
March 2000:Warrant Numbers 35441through 35O45inthe total amount of$293.513.75
Prexvhttan {}|minls
March, 2006: Warrant Numbers 3543Sand 3544Ointhe total amount of$13.7S2.38
PaYro||# 1 for March, 2006 in the total amount of$523.O34.18
Warrant Numbers 28818through 28883inthe total amount of $83'000.80
Direct Deposit Numbers 177S3through 17S38inthe total amount of$237.287.87
EFT Numbers 524through 528iOthe total amount of$222.745.52
|nthe same motion Council:
Approved the /\nacortesAntique Machinery Show @1naet Fair Application: the event will be
held on September9. 2006 on both sides ofMarket Street and 6 m Street; staff recommended
approval subject to applicant's submitted plan including street closures;
Approved the /\O@cDrtes\8/8terf[OFt Festival Street Fair Application: the event will be held on
Saturday May 20. 2006 and 8undgy. May 21. 2008 at the Port ofAnaoDrteo Cap Sante Boat
Haven; staff recommended approval subject to applicant's submitted plan including street (
|o|oSuneS; and �
|
I adopted Resolution
# 1720 entitled "A Resolution Naming Official City Newspaper for Year
|2006^(AolacOrteoAnlehC@D). |
ESCI Presentation of Cooverative Effort and Strateoic Plan Studies
Fire Chief Richard Curtis reported to the Mayor and Council that last fall the City contracted for
consultant services tnview two aspects ofthe Fire Department operations: (1)development ofo
strategic plan (internal document) for the organization to operate from for the next 3-5 yeare,
and (2) to investigate how the City, together with other agencies, could explore cost savings and
expansion oflevel ofservice inamore efficient manner. Consultants Riley and Karen Caton of
E8C|prepared the study. The Chief then recognized Mr. Mike Noyes, Fire Chief District #11;
Chief Noyes has worked with the City in support of this cooperative effort study, Mr. Caton then
explained Phase | 1oah: to investigate cooperative efforts and feasibility study for fire sen/ice
resources on the island to work together to batter serve the citizens. Mr. Caton reviewed the
purpoae, observations, findings, options, and recommendations associated with the Study. He
emphasized that the trust level between the City of Anacortes and other fire districts is a critical
issue. Also, methods of communication need to be identified and codified in an agreement; this
action could potentially alleviate future obstacles. Rather than dwelling on past issues Mr.
Caton suggested identifying ways to avoid repeating past actions as a way for everyone to
move forward. Additiono||y, communication between firefighters themselves is a key factor; the
City was encouraged toidentify parallel labor and management goals.
All agencies one facing future financial shortfalls; options include increasing taxes, cutting
oen/oes, and generating new rax8nWo. Recommendation: Enhance mutual aid and
standardize emergency operations procedures and guidelines between the agencies. Expand
joint purchasing and encourage coordinated training (underway). Healso suggested sharing
training officers amongst the organizations and sharing facilities at March Point. Option 1 has
2004
MARCH 20, 2006 -CONTINUED
the greatest success potential. Phase II is the strategic plan for the Fire Department to develop
a new mission statement, a new vision statement, and a new set of value statements.
Discussion followed regarding established performance measure and response time including
the existing service delivery gap. Chief Curtis reported that in the March Point area part time
service and joint mutual aid with Fire District # 13 are now in place. Mr. Geer pointed out that
steps are well underway to improve communication and performance. The Mayor and Council
thanked Mr. Caton for his presentation.
Ordinance Declarinq Public Use and Necessitv for New York Avenue Drainaae
Mr. Ian Munce, City Attorney, presented an Ordinance to Council that if adopted, would
condemn property generally located at 3904 Oakes Avenue for the improvement and extension
of the City's storm water drainage system in that area. Mr. Bob Hyde, Director of Public Works,
pointed out the key features of the very steep property on an overhead display; he emphasized
that the property is necessary to prevent erosion and to affect better control of storm water. In
that regard, the City has determined to establish rights in or acquire an easement to extend the
New York Avenue storm water drainage line across private property to the Guemes Channel. A
previous public/private arrangement to secure the right-of-way did not develop. The City will be
required to pay fair compensation for this property; if an amount cannot be agreed upon the
Courts will establish the value. Mr. Hyde emphasized that this property is essential to the
drainage system for that entire part of the City. After discussion, Mr. Hoboy moved, seconded
by Mr. Geer to adopt Ordnance No. 2731 relating to the City's Stormwater drainage system and
providing for the condemnation of certain property located generally at 3904 Oakes Avenue.
Vote: Ayes — Hoboy, Petrish, Pickett, Adams, Turner, Richardson, and Geer. Motion carried.
Contract Award: Minnesota Storm Drainage
Mr. Bob Hyde, Director of Public Works, introduced a contract award proposal for the Minnesota
Avenue storm project. The existing system along Minnesota Avenue and West 6th and
Minnesota storm pond to the outfall into Guemes Channel at New York Avenue has been a
long-term maintenance problem. Also, the West 6th storm water pond has been viewed as a
possible area to construct a City park. After discussion, Mr. Turner moved, seconded by Mrs.
Richardson, to authorize the Mayor to enter into a contract with Gray and Osborne Engineers
for the engineering design and plans needed for construction for the Minnesota Avenue storm
water project in the amount of $59,900.00. Vote: Ayes - Petrish, Pickett, Adams, Turner,
Richardson, Geer, and Hoboy. Motion carried.
Sanitation Trucks Purchase: Authorization
Mr. Bob Hyde, Director of Public Works, reported to Council that the City is on a 7 -year
replacement cycle for the garbage trucks. The City's Capital Facilities Plan includes
replacement of refuse Truck # 502 with the purchase of one 2006 frontload refuse truck through
a bid extension with the City of Tacoma. In its present condition Truck # 502 has a trade-in
value of $26,000. An additional unit can be purchased at the same base price of $225,747.81;
with a $30,000 deposit the second unit could be purchased in 2007 for this price. With that,
Mr. Geer moved, seconded by Mr. Adams, to accept the Western Peterbilt, Inc. bid in the
amount of $225,747.81 for the Frontload Refuse Truck and to approve a $30,000 deposit for an
additional unit for delivery in 2007. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer,
Hoboy, and Petrish. Motion carried.
Contract Award: Commercial Business District Sidewalk Replacement
Mr. Bob Hyde, Director of Public Works, reported to Council that two bids were received for the
sidewalk replacement between 8th Street and 9th Street, including sewer work in alley behind the
Wilson Hotel. This project also wraps around the Wilson Hotel and the sidewalks on the south
side of 8th adjacent to the Hotel will be replaced. The low bid was received from Schwetz
Construction in the amount of $221,191.30. With that, Mr. Turner moved, seconded by Mr.
Hoboy, to award the Commercial District Sidewalk Replacement project to Schwetz construction
in the amount of $221,191.30. Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish,
and Pickett. Motion carried.
There being no further business, at approximately 10:30 p.m. the Mayor continued the meeting
to Monday, March 27, 2006 to Edwards Way and Oakes Avenue to conduct a site visit for the
Ship Harbor Residential Community. No testimony will be taken. The matter will then come
before Council for d liberation and possible action on April 3, 2006.
Wanaa P. Johnson, Ci Clerk-`Treasurelouncilm
H. Dean Maxwell, Mayor
4Z
q 4'
er
2005
MARCH 20, 2006 - CONTINUED
Citv Council Continued Meetinq of March 20, 2006 - March 27, 2006
Mayor Maxwell reconvened the continued meeting of March 20, 2006 in order at 5:00 p.m. in
order to conduct a site visit in conjunction with the Ship Harbor Residential Community PUD and
Conditional Use applications. No testimony was taken and at the conclusion of the site visit the
continued meeting of March 20, 2006 was adjourned.
Wanda P. Johnson, CiYClerk-Treasurer H. Dean Maxwell, Mayor
o ncilmember
April 3,2006
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, April 3. 2006 to
order. Roll call found present: Loren Hobov` Nick Pathoh, Erica Pickett, Brad AdarOo, EUU
Turner, Cynthia Richardson, and Brian Geer. Roll call was followed by the Pledge of
Allegiance.
Minutes of Previous Meetinq
Mrs. Richardson nloved, seconded by K8c /\dorno, that the minutes of March 20. 2000 and
W1ench 27. 2008 be approved as if read. Vote: Avaa — Pethmh, Pickmtt, Admms, Turner,
Richardson, Geer, and H0boy. Motion carried.
Citizen Hearinqs
K8[ EHU K8itoheU, 807 27 1h StReet, gave the Council copies of the 2005 M8CGFeQor'S NevvCODlerg'
and Visitors' Resource Guide bzAnacorteo. He also reported on the recent "Zig-zag" tour of
historical and doxVOtoVVO sights. He's also working OD other projects related to the waterfront
and salmon industry including a campaign to put replicas of salmon |obe|S on the City's
trmohcaOa. Mr. Mitchell than extended an invitation to the Council to oonOo to his home to
discuss his mural project andtoseehis unique antique collection.
Mayor/Council
The vayor ' ^' `reported
'o'rthe =`~-` ^ ' SSfU| opening ceremony for the /\nacOrtee to Sidney B.C.
international ferry [un. On that day over 5OAoacodao Sister City members rode the ferry and
were greeted by 200 people on the Sidney side. Mayor Maxwell remarked on the strong
community ties fostered by the Sister City program, and on the cooperative relationship
between both cities and the Washington State Ferry System.
The Mayor then asked for Council's confirmation of Ms. Cynthia Harrison as Library Director for
the City of Anaoortee. K4c Richardson rnoved, seconded by K8r. Hobov, to confirm the
appointment VfMs. Cynthia Harrison. Vote: Aveg— Pickett, 8d8nlS` TUrner, RiChGrds0D, Gee[.
HnbOy, and P8t[iSh. Motion carried. K8G. Harrison then addressed the Mayor, COunni|,
0e0boFS of the CO0Dlunitv, and Library staff; she thanked the {}OUnci| for this appointment and
is looking forward to being part of the Anauortes community. In a related matter, Mrs. Pickett
moved, seconded by Mr. Pet[ioh, to confirm the appointment ofMs. Dianne Moritz t4the Library
Board of Trustees. Vote: Ayes —Adomns. Turner. Richardson, Gaer, Hoboy. Petriah. and
Pickett. Motion carried.
The Mayor then presented oseries nfProclamations:
Proclamation - Honoring Gloria Shelton asthe Depot Farmer's Market manager for the past five
years — Ms. Shelton accepted this honor and spoke of the Market's development and
contribution to the community. The Market opens on May 20" and the Mayor encouraged
everyone to stop by; Proclamation - April 12i 2000 as the City's celebration of Arbor Day
Library —there will be e ceremony on April 13 t».11:OO a.m. at the Library (the City has been
designated a Tree (City USA for consecutive ya�ra\� Proclamation - June 3rd and 4 mgh8|{
be observed as the Relay for Life, American Cancer Society event; and Proclamation - the week
of April 9' 2006 through April 15. 2006 Sh@(| be designated as N@tiODm| Communications VVoeh
in Skagit County — the Mayor thanked those men and women whose diligence and
professionalism mePublic Safety Dispatchers keep our County and citizens safe.
KH[. Turner announced that the dedication for the bathroom facilities at Washington Park was
held On April 1". The construction of this facility was brought about by a 2 -year
conntruction/|abVrpar[nerahip between Rotary Club volunteers and the City. The Mayor added
that this work was well done and at a considerable savings for the public. The Mayor and
Council thanked all the contractors and volunteers who made this outstanding public amenity
possible.
As Chairman of the Relay for Life Cempoign, Mr. Geer thanked the Mayor for the Proclamation
highlighting this annual event. He shared that to date volunteers have raised over $20,000
toward this year's fundraising goal. Anyone looking for additional information Can e-mail K8[
Geer atBrian G (a)-citynfanaonrtea.orq.
ShiD Harbor Residential CommmunitV(GiYbane): Deliberation and Possible Action
Mc Turner stepped down from deliberation On this matter. The Mayor convened the
deliberation/ possible action portion of the Ship Harbor Residential Cn0rnVnitv Planning United
APRIL 3,2006 -CONTINUED
Development (PUD) and Conditional Use permit approval; a site visit was held on the afternoon
of March 27th.As part of the proceedingsthe Mayor added that the Council will hear closing
remarks from those appellants who participated in the original appeal action.
Mr. Ross 0. Barnes,1004 7 th Street #202.spoke on behalf of himself and Evergreen Islands.
Mc Barnes emphasized that the project conditions should be accurate and address all
substantive issues raised during the PUD hearing process. In particular hesuggested that 25Y6
of the land area for Commercial Marine zone permitted uaao be set aeide, and that a shoreline
permit application be submitted with the PUD Final Development Plan. Referencing his March
30. 2006 memorandum to Council, Mr. Barnes then recommended three new conditions: (44)
regarding an easement for the shoreline @ocaaS trail; (45) the trail easement from Oakes
Avenue Sh@|| iDC!Ud8 the fU|/ 20' width of the underlying utility easement; and (40) existing
atormvvatarbiofiltration evva|ashall be moved.
Mr. Jon Briggs, 280Morrison Court, suggested the following amendments: M\delete proposed
condition # S and adopt K8[ Hobovo condition # 13^ and yWne. FUuhardsoD'e condition A—the
proposed street standards do not support the proposed average daily trips for this and adjacent
projects.; (2) delete the |mot sentence of Proposed Condition 31C and adopt Mr. Hoboy's
condition #11 requiring that the Oakes Avenue right-of-way be preserved for future expansion�
(3) delete proposed conditions 31A and 31B and adopt Mrs. RiChardsoD's condition # 1
requiring R 2 and R 3 standards be applied to lots; (4) adopt Mr. Hoboy's condition #3 and K8nS.
F<ichapdson'e conditions K and L regarding shoreline trail, 81onn drgin@ge, and shoreline permit;
(5) delete proposed condition # 30 and adopt Councilman Hoboy's condition # 2; (6) require that
20% of the property be reserved for CM permitted uses; (7) revise Condition # 24 to add "Upon
approval of the Preliminary Development Fz|mn" language; (8) replace condition #43 with KAna.
Richardeon'econdition V;and (S)add acondition regarding concurrency.
Ms. Phyllis Dolph, 2320'6th St..submitted several condition revisions inaMarch '0th e-mail.
/\ddhdonoUy' she suggested that the Ship Harbor wetlands, wetland bufer, and the path along
the shoreline be transferred to the City; that a 30-40' greenbelt between Oakes Avenue and the
Gi|bana project be established; that homes be set into natural surroundings; and that the City
make use ofarchitectural rules and standards along Oakes Avenue.
Mr. Ross Lindquist Development Manager for the Ship Harbor Residential Community PUD,
spoke infavor ofthe project and ofthe 43revised conditions now before Council. He reported
that the appUoai|on, together with comprehensive engineering, drainage, geotechnical, and
traffic studies was presented tothe City inJune of2UO5. Through the detailed staff and public
review process, the applicant has thoroughly addressed all required information OamaaSary at
this stage of the application process. Mr. Lindquist said that the project demonstrates that the
single family concept with parks, open space, landscaping and public acoeos, will enhance the
surrounding neighborhood. Although implementation of the proposed conditions is not without
difficulty and would also require o reduction in the number of |ots, the project could be
completed as envisioned. Key project features ana: pedestrian friendly; extensively landscaped;
harmonious in o highly livable neighborhood setting. There will also be: on extensively
landscaped buffer along Oakes Avenue, saving as many trees as possible with a trail leading to
the waterfront and open to the public; two association maintained parks open to the public;
1.700 linear feet of trails linking the parks and the community to the waterfront. Also, the
existing Edwards Way will be completed to City standards and Ship Harbor will pay its share of
the Ship Harbor lift station latecomers fees. The applicant has also agreed todouble its impact
fees tohelp fund the S.H.|.P.interpretive trail. Further, the applicant has purchased anadjacent
3 -acre parcel and will donate it to the City to buffer and enhance the Ship Harbor wetlands. Mr.
Lindquist concluding by thanking all those who participated in the hearing and review process.
CounoUmembarethen discussed project conditions. K8c Hoboydiocueoed paving the shoreline
trail on its adjacent property and submitted a proposed condition, in part requiring that the City
seoUna @ shoreline permit for trail improvements within 3 years of Final Development Plan
approval. He also discussed the traffic Level of Service on Oakes Avenue Level and put forth a
future roundabout approach; in that ragond, he suggested that the following amendment to
condition # 10: ''the selection and details of the intersection design shall be determined as an
integral part of Final Development plan approval; the intersection shall meet Leve) of Service C^
K8na. Richardson discussed the issue of concurrency; Mr. K8unce confirmed that this project, as
conditioned, is in compliance with the City's Transportation Plan and concurrency standards.
Because this project contains elements of public access and parhs, it also is in compliance with
the Comprehensive Plan and Zoning Code. Although marine -associated uses might be
appropriate at this site due tnthe terrain, water -dependent uses would not be viable. Mrs.
APRIL 3, 2006 - CONTINUED
Richardson then turned to the process under which preliminary plats must be reviewed. &0[S.
Pickett remarked that this project brings with it the rare opportunity for the City to acquire
considerable public amenities including: GVannes Channel trail, access to the water, wildlife
COnDeCtivitv, and public parks. N1[. Adams Said that, while he has had CDnceOla about the
Conditional Use pPDCeSs' the revised conditions added by Council will bring the project into
CDDhonD\tv. He also pointed out that the Port VfADaC0rtes will reinvest proceeds from the g@|e
of this project intO other community projects. Mr. Petheh pointed out that, although this property
has been marketed bvthe Port for over 2Oyears, noother viable proposal has been submitted.
Mr. Geer suggested that, as conditioned, this project will ofhar considerable benefits for future
generations.
Council recommended revisions to the Conditions are as h]UoxVG: Condition # 18 odd
..."together with the face of the bluff'. Condition # 43 should read: "The details Of the
homeowners association structure shall be aUb0hƒed with the Final Development Plan
8ubrniogion, together with draft covenant that address all of the permit conditions." Add to
Condition # 10: "The selection and the details of the intersection design shall be determined as
an integral part of Final Development Plan approval; the intersection shall meet level of service
C." K8na. Richardson suggested that Conditions 1, 3, 4. 48 should refer to Preliminary Plat
and/or Final Development Plan approval; level of detail of the [)ohea Avenue frontage
improvements; add "...prior to any construction beginning" to Condition # 17; (z) of Condition #
18 ShOU\d read "...landscaping D/GD eE*de,'; Condition # 25 ghOU|d read ..."preliminary plat
rather than final development plan". Condition # 31 A should read "...twenty /201
with hen /100 feet..."; {|DDditiDD # 31 C add: "Existing nlatUnB trees shall be saved wherever
possible."; Condition #41 add "..chemical pesticides, and herbicides". Discussion of design
details followed regarding gatbacke, organic ferti|izane, etOnnvvoter disoharge, restricted access
to the Vv8UaDdS, design options for the project; ShOPe|iD8 anDSion. drainage; native growth
protection easements; balance of conditions Ve[gUs private property issues. With that, K8nS.
Richardson rnoved, seconded by Mr. Pethoh to approve the Preliminary Development Plan
(PUD) and Conditional Use permit applications for the Ship Harbor F{eoidanL\a| Community
'�� subject Vote: Richardson, (�e�[ Hoboy, Pethah
project _, � � , - . . , .
Pickett, and Adams. Motion carried. The revised conditions will be brought back to Council for
final review OnApril 1Om Mr. Turner returned tothe Council Chambers.
Consent AcIenda
Mr. Adams rnovad' oeoondad by Mr. Geer, toapprove the following Consent Agenda items.
Vote: Ayes —Geer, HobDy' Pethsh. Pickett, /\d8[OS' Turner, and Richardson. Motion carried.
Approval OfVouch ena/Cance||atiVnofWarrants
Council voted unanimously that the following VOUch8[S/N/@[r@DtS audited and certified by the
City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on W1annh 24, 2000 and March 31, 2000 are approved for payment
|aSDfthis date April 3,2OOO.
Claims Warrants
March 2OO6:Warrant Numbers 35847through 35829inthe total amount of$431.25O.14
Pnevxrh±an Qa\rns
March, 2006: Warrant Number 35G4Ointhe amount of$1.2S5.OD
payno\\#1for March, 31.2OOOinthe total amount cd$O70.O3O.00
Warrant Numbers 28888through 28S05inthe total amount of$235.389.O4
Direct Deposit Numbers 17S39through 1OO41iOthe total amount of $238.811.11
EFT Numbers 499through 535inthe total amount of$2OO.837.85
Cancellation 0fWarrant
Warrant Number 353OOinthe total amount Df$180.1O
In the same motion Council:
Approved the Interlocal Joint Purchasing Agreement between the City of Tacoma and the City \
OfAnacOrt8Sfor the purchase OfSolid Waste Trucks. 1
Closed RemcomdBQeetinq: Conditional Use—Triplex in R 3 Zone -
Mr- Pethah stepped down from deliberation onthis matter. Mayor Maxwell initiated the Closed
Record Meeting on a Conditional Use application submitted by Howard Rogero, et oi for a
Conditional Use Permit for the development of one tri-plex at 1820 28"' Street. Triplexes are
listed osa conditional use inthe R3zone and as such, are reviewed on a case-by-case basis
to determined if the proposal will or will not have a detrimental impact on the neighborhood. Mr.
APRIL 3, 2006 - CONTINUED
Ian K8unoe.Planning Director, used anoverhead display topointoutthehevfeaturmointheanaa
including recent paving improvements to 28th Street. The current lot size' would accommodate a
duplex and single family home outright; no additional density will be created with ath-p\er. If
appn7vad, the building footprint and 22' height are less than what could be permitted. The
Planning Commission held two public hearings on this proposal and recommended approval of
the project; five appeals were filed. The @pp|ication, tngnsoriots, minuten, appem|s, and all
exhibits were forwarded to Council for action.
As part of the review packet the Council received copies of all appeals and supporting
documents; there was no testimony from the appellants. On a question from K8ny. Richandaon,
Mr. Don K8eaoarner, Assistant Planning Director, explained that the applicant does not have
enough square footage to apply for afour-p}ex. [Nr. Turner spoke in favor ofthe design and
moved to approve the Conditional Use application fora thm-p|�� at 1G2O 28 Street subject to the
Findings of Fact and Conclusions ofLaw and to deny the appeals. Mr. Geer seconded the
motion. Mr. Adams spoke against the motion and in support of the appellants. Discussion
followed regarding the appropriateness of the use at this location and daneity. character of
adjacent structures, and landscaping. Mr. Hoboysuggaeted mature vegetation as part ofthe
landscaping plan. Mr. K8unca said that this would be a good topic for the upcoming Tree
Preservation Ordinance discussion. Vote: Ayes — Hoboy' F`iohot, Turner' Richardson, and
Geer. No —Adamo. Motion carried. Mr. Patheh returned to the Council Chambers.
Contract Award: 2006 SanitarVSem/er Replacement
Mc Bob Hyde, Director of Public Works, presented a request to Council for approval to proceed
with the replacement ofcertain eevvedinesand manholes aepart ofongoing maintenance ofthe
City's Sanitary Sewer System. This project will replace blocks of sanitary savvar main and 4
manhole and 3c|oanoUts. Staff recommends that the bid baawarded toCallen Construction in
the amount of$2O7.331.00. With that, Mr. Hoboymoved, seconded byMr. Geer toaward the
2OO8Sanitary Sewer Replacement project toCeUenConet[untionintheamoun[cf $207.331.00.
Vote: Ayes —Pethsh.Pickett, Adams, Turner, Richardson, Geer, and Hoboy.
Contract Award: West 8 mStreet Q@iticiation9mroiect
W1c Ian K8unme. Planning Director, introduced a contract award proposal for the West nm Street
Wetland Enhancement project. The work will provide offsite wetland mitigation for the Jasper
VVoy extension project and provide wetland credits for future mitigation work at the \8/eat 81h
Street and Minnesota Avenue wetland complex. Contract language includes 3 -year
performance criteria. The area isunder City ownership and includes anexisting wetland area.
The low bid was received from Sky Native Plant Nursery in the amount of $62.064. After
discussion, Mr. Hoboy rnoved, seconded by Mr. Turnar, to award the West Om Street Mitigation
Project to Sky Native Plant Nursery in the amount of $62,064. Vote: Aveo— Pioked, Adams,
TVnner, Richardson, Geer, Hoboy, andPstrish. Motion carried.
Resolution: Shoreline Master Plan Update Schedule and Committee Appointments
K8r. Ian K8unoe. Planning Director, presented a Resolution to Council for review and adoption. If
adopted the Resolution xvOu/d establish m Citizens Advisory CononnU±ee (CAC) to assist in
updating the City's Shoreline Master Plan/Critical Area Regulations /|S/ � \ prior to
December 1, 2006. With this deadline in mind. the City determined that combining CA(]
shoreline protection and restoration measures with a complete rewrite of the GMP would be
most effective. Review of wetland exemptions and wetland buffers issues are already
underway. Of significant importance is the issue of imposing m 200' forested vegetative buffer
along the shorelines. In that regard, Mr. K8unoe explained that decisions on fonaei|mnd buffers
can be made on a case-by-case basis; this individual approach can be applied to ohuna|inaa
through an updated Shoreline Master Plan, A new draft shoreline master plan is on the City's
vv
website for public navi�. l-he[�`��vvou|dbocon*poeedof1Omernberseach �Vmthe [}itvand
�
Port: the PopadicipantsareEtema HDp|ey, Pat D. Mooney, Bob Elsner, C�onnieThman.
Anne Farr, Mike Ne|aDn, David Aahbach, James Tay|or, Patrick Banet, Brenda Lavender with
Keith Rubin, aeonAlternate. The City's participants are Nick Petriah` Brian Geer, Erica Pinkatt,
Bob Hyde, K8ody Laurnbattus, Jeff Layton, [}ae Oliver, Don VVick, Howard E3emO. and Mike
Trafton. After discussion, Mrs. Richardson 0oved, seconded by Mr. Geer, to adopt Resolution
No. 1721 entitled "A Resolution Establishing m Citizens Advisory Committee /�A��\ to Assist in
Updating the City's Shoreline Master Plan/Critical Area Regulations Prior to December 'be[ 1. 2006^
(Attachments /\ and D outline the hearing/adoption schedule and CAC participants). Vote:
Avea—R��h�. Adams, Turne[, Richardson, Geer. Hnboy. and F»etheh. Motion carried.
APRIL 3, 2006 - CONTINUED
There being no further business, at approximately 10:00 p.m. the Mayor continued the meeting
to Monday, April 10, 2006 for the purpose of a final review of the Ship Harbor (Gilbane) project
conditions and to conduct a Public Hearing on the City Comprehensive Plan.
ML V G"Ax_'na� w a-,.
Wanda P. Johnson, City Clerk -Treasurer H. Dean Maxwell, Ma- or
3
Couicilmember/
April 10,2006
Continued Meeting of April 3, 2006
At 7:30 p.m. Mayor Maxwell called the continued meeting of Monday, April 3, 2006 to order.
Flo\\ call found present: Loren Hoboy' NichPethgh, Erica Pichett, Brad Adams, Bill Turner,
Cynthia Richardson, and Brian Geer. Roll call was followed bythe Pledge DfAllegiance.
&8emaod Bank Stabilization Proiemt
Ian K8unco. Planning [)ineotOr. described the Morand property situation VnAnocV Beach Road.
He informed the Council that he has put together a package for their review on the situation that
may require some emergency action. A site visit is scheduled at Tugboat Park at 5:00 p.m. on
Monday, April 17, 2008. The site visit and rnatehm| provided will a|}ovv the Council the
opportunity totake action to expedite the Washington State Department of Fish and Wildlife's
response and allow construction before June 15.2DO6.
Acceptance of Ship Harbor Residential CommmmunitV(KS0bane)Conditions
The editorial work reflecting adjustments tothe conditions made at the previous meeting was
accepted.
Public HearinqComprehensive Plan Update
Mayor Dean K8oxvveU opened the public hearing on the Comprehensive Plan. He informed the
public that they would have 3minutes tostate their opinions and the comment period would bG
open until April 21. 2006, for additional written comments. Ian Munme explained the process of
updating the Comprehensive Plan and the work the Planning Commission has completed to
date in reviewing the public comments and incorporating many oornrnento in their proposed
Comprehensive Plan update. Mr. K8unce pointed out that there are two issues that are
generating the most comments: large-scale retail and the MJB property north of22nu Street.
With that, the open comment session commenced.
Warren Tessier argued that allowing retail development in areas currently zoned for industrial
and light manufacturing such as March's Point will take away from the dOVvntOxVO and
businesses that are currently expanding there.
John Briggs spoke on the inappropriate use of the conditional use process and basically agreed
with Mr. Teaa|er.
Ross Barnes, speaking on behalf ofhimself and Evergreen Islands, argued that the existing
industrial and light manufacturing zoned areas ofAnaoortea should be preserved to eeouna
future job expansion.
Dams KAa|seed, speaking on behalf of the K8ahna Trades Aaaocimtion, pointed out that if the
industrial zoning is changed to allow residential housing, it will undermine a successful local
boat building and repair industry,
Don Yankgoyargued that large scale retail and the K8JBproject vvou/dundenninoexistinQretai|
business and views would be blocked by the hotel proposed for the MJB property.
Paul Suhxvaiaaspoke insupport ofthe K8JBplan todevelop their property.
Judy Ballinger argued that the MJB property should be developed as currently zoned.
Charles Tull talked about the review process and argued that the "appropriate studies" need to
beconducted prior iomaking any changes inthe Comprehensive Plan.
Patty Pattee described the stresses on the City that would result from construction of large retail
stores on Highway 20.
Kirk Kennedy presented his opinion regarding the need to continue the economic study and
include that new information in the Comprehensive Plan; "Phase 11" of the economic study would
evaluate alternatives for the City's economic needs.
Anna Nelson, a land use planner working for N1JB. reiterated K8JB's desire to amend the
Comprehensive Plan that would allow mixed-use development on their property.
April 17, 2006
At approximately 5:00 p.m. the continued Meeting of April 10. 2000 was reconvened at the
Skyline Tugboat Part in order to conduct a site visit relative to the K8ongOd property, 4801 Anaco
Beach Road. No bastirnmDy was taken and at the conclusion of the site visit the continued
meeting ofApril 1»mwas adjourned.
At 7:30 p.m. K8ayorF'ro4enl Pethah called the regularly scheduled meeting of Monday, April 17.
2006 to order. Roll call found present Nick Fzsthoh, Erica Pickett, Brad Adams, Bill Turner,
Cynthia Richardson, and Brian Geer. Absent: Loren Hoboy. F{o|| call was followed by the
Pledge ofAllegiance.
Minutes ofPrevious A8eetinq
Mrs. Richardson asked that the second paragraph, page 3 be amended to read: ''N1ns.
Richardson discussed the issue Of concurrency; K8[ MVnce confirmed that this project, as
oonditionad, is in compliance with the City's Transportation Plan and concurrency standards."
Mr. Adams asked that the last paragraph oDpage 4boamended tnread: "As part ofthe review
packet the Council received copies of all appeals and supporting documents; there was no
testimony from the appellants." With those amendments, Mrs. R\Ch@PdSOn DlOv8d, seconded by
K8[ Adomo, that the minutes of April 3. 2006 be approved. Vote: Ayes — P*thah. Adams'
Turner, Richardson, Geer, and Pickett. Motion carried.
Citizen Hemrinqs
&1r. Alan Jett, 3684 Rosario Crest Lmne, member of Save South Fido(go, addressed the Council
regarding the proposed rezone of rural reserve land on South Fida/go Island to runa(, and the
proposed 2 1/2 acre lot size. Mr. Jett suggested that these plans and the current
recommendations of the Citizens Advisory Committee are flawed and do not refect the wishes
of the citizens involved in the proposed rezone area, To support this viewpoint, 2.000 advisory
ballots were mailed to property owners of South Fidm|Qo; of the 999 received 902 were opposed
to the rezone and 87 were in favor of the rezone and increased development. With the
increased demand in services that the rezone would encourage Mr. Jett asked the City Council
to adopt a resolution opposing the rezone of south Fida|go and supporting the majority of
affected property owners. Mr. |8n K8unoe. City Attn[Dey, clarified that a previous letter from the
Mayor and COUOCi| to the County COOlnli8sioOe[a on this matter included specific cO[OrneDt8
regarding concern about providing urban services and about the property around the forestlands
designated as fish and wildlife habitat conservation anama. Discussion followed regarding a
public 6nrunn to develop a brooder consensus on these issues. If m public hearing was to be
held, K8[ Adams asked that information regarding the G[Omdh Management Act in relationship to
these issues be part of the hearing process; Mrs. Pickett asked that Washington State Health
Department procedures relative to failed sewer systems be included in the review. Mr. Turner
spoke in favor of o public h]runn and 0oxed, seconded by yW[. Geer to hold a Public Hearing on
the evening of June 12. 2008 to take public testimony on South Fida|go Zoning and associated
issues as they pertain to the City of AnacoUaa. \/o1a: Ayes — Pickett, Pethoh. /\darne. Turner.
Richardson, and Geer. Motion carried.
,Mayor/Council CommmmunicaKxxn'
,
Mr. Scott Thomas, President of the Skagit County Bar Association, presented a Proclamation to
the Council that would celebrate May 1. 2006 as Law Day. Law Day has been celebrated for
the last 45 years in recognition of our nation's heritage with a focus on the theme of Liberty
Under Law: Sapanshs Branches, Balanced Powers. This year m commemorative luncheon will
be held at McIntyre Hall and Mr. Thomas invited the Mayor and Council to attend. K8ayorPn3-
te�rn Petrieh then read the Proclamation that otatee, in part' that our system of separation of
powers and checks and balances stands as a model for other nations of the world.
The Mayor then turned tomsecond Proclamation declaring the week of April 30 through May O.
2OOOaaNative Plant Appreciation Week. All citizens were encouraged tmlearn more about our
native o}ante, how to protect them, and to enjoy and appreciate our native flora's value and
Mr. Geer reported that the City's April 15 thSpring Clean-up program was well -attended and
2013
APRIL 10, 2006 - CONTINUED
Bill Reading stated his support for retail development on the MJB property and opposition to
residential use.
Brent Morrison stated his support for keeping the MJB property as a CM -1 zone due to the
problems caused by conflicts between industrial use and residential use and the loss of jobs if
the area is rezoned.
Jack Rosellini reiterated MJB's proposal for the change in the Comprehensive Plan to allow
mixed-use residential and multi -residential use on the MJB property.
Ross Barnes asked that the language pertaining to the industrial zone under the commercial
goal 1 policy (g) be stricken.
The Public Hearing was closed, except for written comment that will be accepted through April
21, 2006.
Councilmember Petrish added that he would like to have the council members sit down for a
round table discussion without pressure from any side on the Comprehensive Plan issues.
At approximately 8:45 p.m. Mayor Maxwell announced that this meeting will be continued to
Monday, April 17, 2006 at 5:00 p.m. wherein the City Council will meet at the Skyline Tugboat
Park to conduct a site visit in conjunction with the Morand bank stabilization project. No
testimony will be taken. At the conclusion of the site visit, the regularly scheduled meeting of
April 10, 2006 will be adjourned.
�N)CkAIJ el � 6t -A �A --I/-
Wanda P. Johnson, City Clerk -Treasurer , H. Dean Maxwell, Ma or
`Councilmem r
ApriX17,2006
At approximately 5:00 p.m. the continued Meeting of April 10. 2008 was reconvened at the
Skyline TUgbootP3� in order to conduct site visit relative to the Morand property, 4801 AnaCo
Beach Road. No testimony was taken and at the conclusion of the site visit the continued
meeting of April 1 Ot' was adjourned.
AJ7:3Op.rn.Mayor Pro -tem Pethshcalled the regularly scheduled meeting of Monday, April 17,
2006 to onJer. Roll ooU found present Nick Petrish, Erica Pickett, Brad /\do[no. Bill Turner
Cynthia Richardson, and Brian Geer. Absent: Loren Hoboy. Roll call was followed by the
Pledge CfAllegiance.
Minutes of Previous Meetinq
Mrs. Richardson asked that the second paragraph. page 3 be amended to read: "Mrs.
Richardson discussed the issue Of concurrency; Mr. K8Unc8 cOOUOned that this project, as
conditioned, is in compliance with the City's Transportation Plan and COOCUrnaOCV at8Dd8PdS.^
Mr. Adams asked that the last paragraph onpage 4boamended toread: "As part ofthe review
packet the Council received copies of all appeals and supporting documents; there was no
testimony from the appellants." With those amendments. Mrs. Richardson mDved, seconded by
K8[. Adams, that the nninu1aa of April 3. 2006 be approved. Vote: Ayes — Pethoh. Ad8[ns,
Turner, Richardson, Geer, and Pickett. Motion carried.
Citizen Hearincis
Mr. Alan Jett, 3804Rosario Crest Lane, member of Save South Fida|0o.addressed the Council
regarding the proposed rezone of rural reserve land on South Fida|gm Island to rura|, and the
proposed 2 1/2 acre lot size. Mr. Jett suggested that these plans and the current
recommendations of the Citizens Advisory Committee are flawed and do not reflect the wishes
Ofthe citizens involved iRthe proposed rezone area. TOsupport this viewpoint, 2,0OOadvisory
ballots were mailed to property owners of South Fidalgo; of the 999 received 902 were opposed
to the rezone and 97 were in favor of the rezone and increased development. With the
increased demand in services that the rezone would encourage KX[. Jett asked the City C0VOCi)
to adopt a resolution opposing the F8zVOe of south Fid2|go and supporting the majority Of
affected property OVvO8rs. K8[ Ian K8Unoe. City Attorney, clarified that 8 previous letter from the
Mayor and Council to the County Commissioners on this matter included specific cO[nOleDtS
regarding concern about providing urban services and about the property around the forestlands
designated as fish and wildlife habitat conservation areas. Discussion followed regarding m
public forum to develop o broader consensus on these issues. If a public hearing was to be
held, M[ Adams asked that information regarding the Growth Management Act in relationship to
these issues be part of the hearing process; K8rG. Pickett asked that Washington State Health
Department pnooadunaa relative to failed sewer systems be included in the review. Mr. Turner
spoke in favor of a public forum and nnoved, seconded by Mr. Geer to hold a Public Hearing on
the evening of June 12. 2000 to take public testimony on South Fida|go Zoning and associated
issues aathey pertain tnthe City of/\nocortaS. Vote: AvoS—PiCkett. Petriuh.Adams, Turner,
Richardson, and Geer. Motion carried.
,Mayor/Council Communication,
M[ Scott Thomas, President nt othe Skagit County Bar Association, presented o Proclamation to
the Council that would celebrate May 1' 2006 as Law Day. Law [J8y has been celebrated for
the last 45 years in recognition of our nation's heritage with o focus on the theme of Liberty
Under Law: Separate Bnanohaa, Balanced Powers. This year a commemorative luncheon will
be held at McIntyre Hall and Mr. Thomas invited the Mayor and Council to attend. Mayor Pro -
tem Petrish then read the Proclamation that stateo, in part, that our system of separation of
powers and checks and balances stands as a model for other nations of the world.
The Mayor then turned toosecond Proclamation declaring the week ofApril 3Othrough May O.
2OOOasNative Plant Appreciation Week. All citizens were encouraged tolearn more about our
native p|ante, how to protect Ulenn, and to enjoy and appreciate our native flora's value and
beauty.
Mc Geer reported that the City's April 15 th Spring Clear-up program was well -attended and
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APRIL 17, 2006 - CONTINUED
Morand Property (4801 Anaco Beach Road): Request for Imminent Threat Declaration.
Mr. Ian Munce, Planning Director, recapped the jurisdictional issues, emergency work, and
future applications connected to the Morand bulkhead project along the shoreline at 4801 Anaco
Beach Road. During this winter's storms extensive erosion occurred on Mr. Morand's property;
Mr. Morand contacted State and local agencies for approval to conduct emergency work. The
City approved a temporary access road and some stormwater work. This approval does not
cover the balance of the site which may be subject to future development applications. To verify
that the current situation is an imminent threat to the existing single family homes the City
commissioned its own geotechnical work. That report verified that a serious threat exists.
During this time, Mr. Tom Sheehan, Director of Skagit County Department of Emergency
Management, reported to Mr. Munce that the County has approved an Ordinance declaring an
imminent threat at this site, subject to the City's concurrence. However, the Ordinance was
approved and forwarded to the Department of Fish and Wildlife without further approval from
the City. Mr. Munce underscored that this declaration does not relieve the applicant of
mitigation requirements; nor does the County's action cover the balance of the site which may
be subject to future development applications. Mr. Munce also discussed the Fisheries
Department's trend toward soft armoring to prevent further degradation of our shorelines.
Again, any future subdivision of land or shoreline use proposals will be processed through
public hearings before both City staff and the Planning Commission.
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Consent Aqenda
Mr. Adams moved, seconded by Mr. Geer, to approve the following Consent Agenda items.
Vote: Ayes — Adams, Turner, Richardson, Geer, Pickett, and Petrish. Motion carried.
Approval of Vouchers/Cancellation of Warrants,
Council voted unanimously that the following vouchers/warrants audited and certified by the
City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on April 6, 2006 and April 13, 2006 are approved for payment as of
this date April 17, 2006.
Claims Warrants
April 2006: Warrant Numbers 35831 through 36070 in the total amount of $527,946.41
Prewritten Claims
April, 2006: Warrant Number 35830 in the total amount of $16,284.40
Cancellation of Warrants
Warrant Number 33120 in the amount of $84.00
Warrant Number 35717 in the amount of $107.90
Warrant Number 3381 in the amount of $117.60
In the same motion Council:
Adopted Resolution No. 1722 setting May 15, 2006 as the Public Hearing Date on a Petition to
vacate a portion of 3rd Street.
........................................ _ ..........................
Ordinance: 30th Street Public Access Float
Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption.
If adopted the Ordinance would limit parking to four hours in any 24 hour period at the Public
Boat Float located at the 30th Street Public Access Float. Violations of the Ordinance would be
subject to penalties and impound fees. Mr. Munce explained that the Shoreline Permit and
Lease Agreement with Fidalgo Marina restricts boat and/or watercraft to the four (4) hour
maximum. With that, Mrs. Richardson moved, seconded by Mrs. Pickett, to adopt Ordinance
No. 2734 entitled "An Ordinance Setting a Maximum Time Limit of Four Hours to Use the 30th
Street Public Access Float to be Enforced and Punishable as a Civil Infraction." Vote: Ayes —
Turner, Richardson, Geer, Pickett, Petrish, and Adams. Motion carried.
Contract Award: West End Parks Consultant Contract
Mr. Gary Robinson, Director of Parks and Recreation, introduced a contract award proposal for
the planning and design of two west end neighborhood parks generally at West 6th Street and
West 12th Street. Using the open selection process for bid review, staff recommends Barker
Landscape Architects for the design process. The contract cost will be $45,975 and will include
planning, permitting, design, and some construction monitoring for the two multi -generational
parks. With that, Mr. Turner moved, seconded by Mr. Adams, to award the West End Parks
Consultant Agreement to Barker Landscape Architects in the amount of $49,975. Vote: Ayes —
Richardson, Geer, Pickett, Petrish, Adams, and Turner. Motion carried.
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APRIL 17, 2006 - CONTINUED
Contract Award: 13th Street CSP Upgrade
Mr. Bob Hyde, Director of Public Works, introduced a professional services contract proposal to
eliminate a known Combined Sewer Overflow (CSO) located in the 13th Street corridor between
"Q" Avenue and Commercial Avenue. In order to accomplish this, the City will need to acquire
additional and better information on the existing storm and sanitary infrastructure located in this
area, to design improvements to accommodate the CSO elimination, and to construct the
proposed improvements. Staff recommends contracting with Gray and Osborn to use modern
pipeline technologies to locate the storm water system so that sound decisions can be made to
accomplish these tasks. After discussion, Mr. Adams, moved, seconded by Mr. Geer, to award
the Phase 1 13th Street CSO/Storm Project to Gray & Osborn, Inc. in the amount of $38,100 for
field work and mapping of the storm system. Vote: Ayes — Geer, Pickett, Petrish, Adams,
Turner, and Richardson. Motion carried.
Budget Amendment: Clvde Creek Monitorinq and Adoptive Manaqement Proiect
Mr. Ian Munce, Planning Director, presented a proposal from Mr. Jim Wiggins, ATSI, for the
Clyde Creek Monitoring and Adaptive Management Project. The Scope of Work will include, in
part, site assessment including walking the stream corridor, taking photographs, mapping the
site, and collecting data on existing conditions. Findings will be reported, meetings will be held
with adjacent property owners to discuss findings and recommendations, and
mitigation/mitigation banking will be identified and quantified. After discussions, Mrs.
Richardson moved, seconded by Mr. Turner, to approve the expenditure of $13,200 to contract
with Aqua-Terr systems, Incorporation (ATSI) for the Clyde Creek Monitoring and Adoptive
Management Project. Vote: Ayes — Pickett, Petrish, Adams, Turner, Richardson, and Geer.
Motion carried.
Budqet Amendment: Water Treatment Plant Telemetry Control Award
Mr. Bob Hyde, Director of Public Works, presented a proposal from Technical System
Incorporated for the Water Treatment Plant 2006 Telemetry Upgrade Project. Mr. Hyde
explained that in 2004, the City began a multi-year project to update and upgrade the Water
Treatment Plant telemetry systems. The project now before Council will provide telemetry
improvements on the Fidalgo Bay Pump Station, "A" Avenue pump station, Whistle Lake Pipe
Arch, 33rd and "R" PRV, Castilleja Bluff Pump Station, and the Water Treatment Plant intake.
Mr. Hyde then used an overhead display to illustrate the telemetry screen as it appears at the
Plant. After discussion, Mr. Geer moved, seconded by Mr. Turner to award the Water
Treatment Plant 2006 Telemetry Upgrade Project to Technical System Incorporated in the
amount of $102,930.00. Vote: Ayes — Petrish, Adams, Turner, Richardson, Geer, and Pickett.
Motion carried.
Aqreement: Charlie's Restaurant: Pavment of Sewer Hook-up Fee Over 5 Years
Mr. Ian Munce, City Attorney, reported that Charlie's Restaurant hooked up to the City's sewer
system in 2002. The hook-up was made without payment of a General Facilities Charge. The
City's current Ordinance authorizes staff to establish 3 -year agreements for payment. Charlie's
restaurant has offered to pay the full amount due (the 6% interest would be waived) but over a
5 -year period. After discussion, Mrs. Pickett moved, seconded by Mrs. Richardson, to approve
the agreement with Charlie's Restaurant for time payment of sewer hook-up fees in the amount
of $47,782 over 5 years. Vote: Ayes — Petrish, Adams, Turner, Richardson, Geer, and Pickett.
Motion carried.
Comprehensive Plan Review Schedule
Mayor Pro -tem Petrish encouraged the public to review the wide variety of comments that the
City received regarding the Comprehensive Plan update. In that regard, the upcoming Council
round -table discussions will be open to the public but no further public testimony will be taken.
Starting May 17th, the roundtable meetin js will be held the first and third Wednesdays of the
month.
There being no further business, at approximately 10:00 p.m. the Mayor Pro -tem Petrish
adjourned the regularly scheduled meeting of April 17, 2006.
�,.'1-74
Wanda P. Johnson, y Clerk-Treasu%er H. Dean Maxwell, Mayor'
CC'ouncilmembe
2017
4
City Council Minutes — May 1, 2006 9'�oR2
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, May 1, 2006 to order.
Roll call found present Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Cynthia Richardson,
and Brian Geer. Absent: Bill Turner. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinq
Mr. Petrish moved, seconded by Mr. Adams, that the minutes of April 17, 2006 be approved as if
read. Vote: Ayes — Petrish, Pickett, Adams, Richardson, and Geer. Abstain — Hoboy. Motion
carried.
Citizen Hearinqs
No citizens present wished to testify on matters not on the agenda.
.Mayor/Council Communication;
Mayor Maxwell reported that the recent opening of the Museum's historical retrospective was an
outstanding success. The Mayor and Council thanked the museum staff who worked so hard tc
create and organize this display. The program will be available to the public for approximately 2 years.
Mr. Jon Lunsford, Operations/Forest Lands Manager, clarified a recent newspaper article referencing
the multiple recreational uses at Mt. Erie in light of environmental concerns. The article references a
work party organized by Mr. Dallas Kloke, member of a climbing organization. This small group of
climbers have set out to help clean the Mt. Erie trails and pick up trash. Concerns were raised when it
was thought that so many people would participate in the work party that the park area could sustain
damage. Mr. Lunsford explained that this was not the case and that he would be at the event to
assist. During the month of May the Forest Board, Park Board, and Council sub -committee will meet
to discuss how to serve the public as well as how to protect Mt. Erie as a vital resource.
The Mayor then turned to series of Proclamations:
Proclamation establishing the month of May, 2006 as Conservation Easement Month in the City of
Anacortes. The Conservation Easement Program was established by the Mayor and City Council in
1998 for the purpose of protecting the Anacortes Community Forest Lands and generating revenues
for their protection. To date, more than $1,066,000 has been donated to the program and easements
have been placed on 1,015 acres thereby protecting them in perpetuity.
Proclamation establishing May 29 — June 4, 2006 as Capidalgo Week in the City of Anacortes.
Capidalgo is an annual event involving the Anacortes Fidalgo Yacht Club of Anacortes and the Capital
City Yacht Club of our sister city, Sidney, B.C. Mr. John Killingsworth, 2006 Rear Commodore for the
Fidalgo Yacht Club introduced Mr. Don Hill, Commodore, and Mr. Bob Rendleman, Fleet Captain.
This year the Fidalgo Club will host the 25th anniversary of this 3 -day event; the Mayor thanked the
members for fostering the true spirit of the Sister City program.
Proclamation establishing May 2006 as National Preservation Month in the City of Anacortes. The
Proclamation states, in part, that it is important to celebrate the role of history in our lives and the
contributions made by those individuals helping to preserve our heritage. In that regard, Ms. Margaret
DeLourme, Anacortes Historic Preservation Board member, presented awards for Project Excellence
to the City of Anacortes for the Tommy Thompson Trail; Project Excellence to the Anacortes Museum
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MAY 1, 2006 - CONTINUED
Foundation for development of the City's Historic Walking Tour; and Individual Award of
Excellence to Bill Mitchell for the Anacortes Mural Project.
Proclamation recognizing the commissioning of the R/V Hugh R. Sharp on May 7, 2006. Built
by Dakota Creek Industries of Anacortes, the RN Hugh R. Sharp is the nation's most advanced
coastal research vessel. The ship will make its way from Anacortes to the University of
Delaware; the Mayor and Council conveyed best wishes from the City where the ship was built.
Mrs. Pickett volunteered to sit in for Mr. Turner at the Port/City Liaison meeting on May 2"a
Mr. Petrish announced that the City Council will have the first Comprehensive Plan Work
Session on Wednesday, May 3, 2006 at 7:00 p.m. in the Council Chambers.
_.._..............._._................................................................................................................................................ ....... _............................... ............................................................. ......................................................... _........_... _..................
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Consent Acienda
Mr. Adams moved, seconded by Mr. Geer, to approve the following Consent Agenda item.
Vote: Ayes — Pickett, Adams, Richardson, Geer, Hoboy, and Petrish. Motion carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the
City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on April 20, 2006 and April 27, 2006 are approved for payment as
of this date May 1, 2006.
Claims Warrants
April, 2006: Warrant Numbers 36071 through 36212 in the total amount of $350,831.95
Pavroll # 1 for April 14. 2006 in the total amount of $442.702.77
Warrant Numbers 28966 through 29033 in the total amount of $67,458.73
Direct Deposit Numbers 18103 through 18250 in the total amount of $235,498.80
EFT Numbers 536 through 543 in the total amount of $139,745.24
Cancellation of Warrants
Warrant Number 29932 in the amount of $21.10; Warrant Number 30058 in the amount of
$2.65; Warrant Number 30607 in the amount of $28.00; Warrant Number 30828 in the amount
of $25.00; Warrant Number 31655 in the amount of $4.00; Warrant Number 31706 in the
amount of $9.60; Warrant Number 32578 in the amount of $5.00; and Warrant Number 33572 in
the amount of $14.00
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ACFL Land Acquisition
Mr. Jon Lunsford, Operations/Forestlands Manager, presented a request to Council for
authorization to purchase property in the Anacortes Community Forest Lands owned by Ms. Iva
Ewing. Ms. Ewing owns six lots (approximately 18,000 square feet) on the east shore of Little
Cranberry Lake; the purchase price is $2,300. Staff recommends approval; this action would
further diminish private ownership within the ACFL. Funds are available for the purchase. With
that, Mr. Hoboy moved, seconded by Mr. Petrish, to approve the purchase of the six Ewing lots
in the amount of $2,300. Vote: Ayes — Adams, Richardson, Geer, Hoboy, Petrish, and Pickett.
Motion carried.
Contract Award: Pump Station 15 Rehab -Telemetry
Mr. Bob Hyde, Director of Public Works, presented a request for authorization to move forward
with renovation of the sewer pump station # 15 on 12th Street and "B" Avenue. City staff will act
as the prime contractor on this project resulting in significant cost savings and less risk for the
City. However, the City will have to contract for electrical and telemetry work. This renovation
project will also provide secondary benefits in energy conservation. Technical Systems
Incorporated is the provider for installation and programming assistance. After discussion, Mr.
Geer moved, seconded by Mrs. Richardson to award the Pump Station 15 telemetry project to
Technical Systems Incorporated in the amount of $43,000.00. Vote: Ayes — Richardson, Geer,
Hoboy, Petrish, Pickett, and Adams. Motion carried.
Aldridqe Final Plat Approval
Mr. Ian Munce, Planning Director, presented the Final Plat Application for the Aldridge 2 -lot plat
at 28th Street and "H" Avenue. Normally, a 2 -lot subdivision of land would be handled
administratively; however, the Aldridge property was subdivided less than five years ago via
Short Plat # ANA 03-010/Evans. The City's Subdivision Ordinance prohibits the further division
of land within a short plat within a five year period without filing a standard plat. Previously, the
Planning Commission held public hearings on this matter and the Council voted to approve the
Preliminary Plat application. The last step in the approval process is Final Plat review; the
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MAY 1, 2006 - CONTINUED
Planning Commission recommends approval. With that,Mr. Adams moved, seconded by Mc
Hobov, to approve the Aldridge Final Plat application. Vote: Ayes —Geer, Hobov. Pickett,
Adams, and Richardson. Abstain: Pethsh. Motion carried.
Closed RecoxdY0eetinq: "J"Avenue Cottacies PmmlimminarVDevelxxpmment Plan (PUD)
Mayor yWaxmoU initiated the Closed Record meeting for the ''J^ Avenue Cottages Preliminary
Development Plan (PUD). The proposal isfor a 10-|ot PUDPUDat28 m 8tnaetand ^J" Avenue. Mr.
Ian K8unce. Planning Director, explained that "cluster housing" means homes clustered around e
courtyard. He discussed the associated F{ 3zoninQ. The Planning Commission held Public
Hearings on this matter and all tranocricta, exhibito, and appeals have been forwarded to
Council. The Planning Commission recommended approval but reduced the number of units to
8 and required sidewalk extensions to meet existing eidmvva|ho at the entrance of the project.
Two OgiQhb0nS have appealed the Planning C0[DnOiSGioO recommendation citing incompatibility
of the cluster housing with the existing character of the neighborhood. The Public Works and
Fire Departments have filed an appeal regarding access ienueo, and the applicant filed an
appeal ofthe lot reduction and off-site improvements.
Mr. Greg VVi|oon, applicant, said that as oubrnU1ed, this project is in the right location for cluster
housing; it's oioa8 to toxvn, in g predominately single family neighborhood, and amenities are
dose by. The proposed 20' of driving surface meets minimum fire department requirements
allowing for emergency vehicle access to the homes even if parking occurred in the "no parking"
street. Private utilities will be within the project. The cul-de-sac staff proposal eliminates the
cluster concept. He spoke in support of the 10-|ot concept offering that intensity rather than
density is the essential issue. The small scale project includes lower building heights and will
be marketed at a moderate price. Mr. Wilson also spoke against extending off-site sidewalks
suggesting that it was unjust and unreasonable requirement for a project of this size. He asked
for Council's authorization to demonstrate that cottage housing Can be successfully built in
/\nacOrteS and spoke in support for the original concept Of 1.000-1,200 square foot units with 8
22foot maximum height.
Mr. Pat Robinson, 1304 "1" Avenue, suggested that 2-atory houses on 2.500 square foot lots are
not appropriate for Anacortes. One acre and half acre parcels are on either aide of the
proposal. School traffic is heavy at this location and garbage containers on ^'J" Avenue would
create safety issues. The impacts tothe neighborhood would be detrimental and Mr. Robinson
asked Council todeny the project.
K8[ Gerald Watson, 2702 "J" Avenue, submitted on appeal but was not in the audience. His
appeal spoke tmthe increased density and safety issues.
Mr. Bob Hyde. Director of Public Works, said there were two major issues at hand' alternative
housing and alternative public infrastructure. Hesuggested that the alternative housing should
not come at the expense of infrastructure. There's no opposition from staff regarding cluster
housing; however, objections are centered on substandard utilities. Mr. Hyde spoke of safety
issues associated with increased density on "J" Avenue. Staff recommends a cul-de-sac with
on -street parking. Fire Chief Richard Curtis spoke against the project as designed because of
limited fire apparatus access and restricted area for equipment deployment in this development.
Also, he expressed further concern regarding private oversight of fire hydrant maintenance.
AdditionaUy, on a private street there's no way to enforce the no parking restrictions. Mr. Fred
Bucken[neyer. Assistant City Engineer, highlighted studies on cluster housing projects from
neighboring communities and researched traffic data on comparative projects. Eosentia||y, the
project would create 80q6 of normal single family development traffic. Staff recommends public
infraotrucfure, bmm+may traffio, and parking ota||s, with parking in lots or on the street. Mr.
Buckan0eyerpointed out that there are several short cu(-de-oacdevelopments already inplace
inAnacorteo. He concluded byadding that ininitial development conferences with the applicant
staff requested public utilities.
Questions from Council centered on parking enforcement and road vvidth, aidexva|hG, and safety
issues. Mr. PGtriah suggested that there is in fact need for cottage housing in the community;
however, he wants to address staff concerns. After further discussion, Mr. Petrieh moved,
seconded by M[. Geer, to deny the Greg Wilson appe@|, to uphold the appeals from staff, Mr.
Robinson, and Mr. Watson, and to deny the "J" Avenue Cottages Preliminary Plat application.
Mrs. Richardson spoke iDfavor ofthis development. She said that 1Ounits are consistent with
zonimg, o market exists for variety of housing Choioes, cluster hVuSaS around oonnDnon area is a
positive community design, and that a loop road provides more flexibility than cul-de-sac. After
discussion, Mr. Petrish and Mr. Geer withdrew their motion and second. Mr. Pethsh then
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MAY 1, 2006 - CONTINUED
moved, seconded by Mr. Geer to remand the matter back to the Planning Commission after the
applicant has conferred with City staff and submitted a revised drawing. Vote: Ayes — Hoboy,
Petrish, Pickett, Adams, Richardson, and Geer. Motion carried.
Public Hearinq: Tree Preservation ordinance Proposal
Mayor Maxwell opened the Public Hearing to take comments on the Tree Preservation Citizen's
Committee proposal for a Tree Conservation Ordinance. Mr. Ian Munce, Planning Director,
explained that some time ago a tree preservation proposal was submitted to Council as part of
the annual Comprehensive Plan amendment process. A detailed tree preservation Ordinance
was submitted at that time. After review, the Council appointed a Citizens Advisory Committee
to further study and analyze the Ordinance. By way of background, Mr. Munce explained that
the City currently requires new commercial, industrial, or residential projects of any size to set
aside 10-20% of the project site for landscaping. Although there is encouragement in the
landscape Ordinance to do so, there is no requirement to retain large, existing, significant trees.
Significant trees have been retained in residential developments over the years through the
Native Growth Protection Easement program. Key issues of the tree preservation ordinance are:
it covers commercial, and industrial property as well as residential; sets an exemption level at Y2
acre; provides a tree credit formula; and adds an incentive system.
Rachel Griffin, Ariel Gould, Sarai Gould, and Mary Ellen Reyna, school students, spoke in favor
of saving trees to preserve the environment and animal habitats. Ms. Kathleen Brown, 5314
Quiet Cove Road, pointed out that existing trees adjacent to developments can be a hazard.
Ms. Barbara Jackson, 1318 Haddon Lane, introduced several native plants and encouraged the
Council to move forward with the Tree Ordinance. Ms. Kristi Hein, 3100 "B" Avenue, speaking
on behalf of her husband, Casey Bazewick and as a member of the Citizens' Advisory
Committee, clarified the term "tree unit" credits and read from a May 1, 2006 letter. Mr. Jon
Briggs, 2808 Morrison Court, said that lots don't have to be clear cut and listed the trees on his
property. He suggested a change in the tree unit on page 14, asked for an appeal procedure to
be included in the Ordinance, variance section should be amended, and suggested declaring
this an emergency ordinance. Ms. Carol Meek, 3636 Rosario Crest Lane, encouraged the
Council to take care of the planet. Mr. Don Power, 3739 Birch Way, said that trees on his
property provide a noise barrier and encouraged Council to place value on our trees. Mr. Bob
Barry, 1914 22"d Street, said that mature trees enhance the marketability of property and
contribute to the neighborhood. Mr. Paul Sund, 4819 Green Hills Court, spoke in favor of the
Tree Ordinance. Mr. Tony Malo, 3809 W. 11th St, clarified that shrubs are not included in this
Ordinance and that the Ordinance is cumbersome and lacks pragmatism. Mr. and Mrs. Gene
Derig, 1302 "K" Avenue spoke in favor of the Tree Ordinance. Ms. Anna Torgeson, 4910
Paisley Place, submitted a May 1, 2006 letter and used an overhead display to illustrate the tree
unit credit formula. Ms. Betty Kuehn, CAC Chair, spoke in favor of the Ordinance. Mr. Terry
Christiansen, 3302 "K" Avenue, spoke in favor of the CAC but suggested that the Ordinance, as
written, is cumbersome, difficult to read, and lacks a clear threshold definition. Ms. Phyllis
Dolph, 2320 26th Street, shared the 4 -year history of the Tree Ordinance development and
spoke in favor of adoption. Ms. Rosette Dawson, 4210 Owen Way, submitted a May 1, 2006
letter and said that although the Ordinance was not very restrictive she encouraged adoption.
Mr. Norman Ainsley, 18008 Piper Circle, asked about enforcement. There were no further
comments and the Mayor declared the Public Hearing closed. Written public comments may be
submitted until May 15, 2006.
Resolution: Authorizinq 6 -Acre "Q" Avenue Land Purchase from the Port of Anacortes
Mayor Maxwell presented a Resolution to Council regarding the purchase of a six -acre parcel of
Commercial Marine 1 zoned property east of "Q" Avenue at approximately 15th Street. If
adopted the Resolution would authorize the Mayor to: purchase services necessary to evaluate
the site, including an appraisal and to execute an option to purchase agreement with the Port of
Anacortes to purchase the site at a price to be set by an appraiser mutually agreed upon by the
Mayor and the Port. Mrs. Richardson asked that the Resolution clarify that the purchase price is
subject to Council ratification. Mr. Petrish pointed out that, as part of the Comprehensive Plan
review, a number of citizens have asked for additional retail in the City. After discussion, Mr.
Geer moved, seconded by Mr. Petrish, to adopt Resolution No. 1723 entitled "A Resolution
Authorizing Six Acre "Q" Avenue Land Purchase from the Port of Anacortes". Vote: Ayes —
Petrish, Pickett, Adams, Richardson, Geer, and Hoboy. Motion carried.
2021
MAY 1, 2006 - CONTINUED
There being no further business, at approximately 10:30 p.m. the Mayor continued the Meeting
to Wednesday, May 3, 2006 at 7:00 p.m. to conduct the Council's Comprehensive Plan work
session.
Ork Ar,,kG �
Wanda P. Johnson, qty Clerk -Treasurer
H. Dean Maxwell, Mayor
i
Councilmefnber
2022
May 15, 2006
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, May 15, 2006 to
order. Roll call found present Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner,
Cynthia Richardson, and Brian Geer. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetina
Mr. Petrish moved, seconded by Mr. Geer, that the minutes of April 10, 2006 and May 1, 2006
be approved as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and
Hoboy. Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication
Mayor Maxwell reported that the City Council Comprehensive Plan Work Session for
Wednesday, May 3rd will include pages 13-17 (Manufacturing and Commercial).
The Mayor read a Proclamation declaring May 20-26, 2006 as National Safe Boating Week and
the start of a year-round effort to promote safe boating; in that regard, the boating public was
encouraged to make use of the more comfortable life jackets now available.
The Mayor introduced a Resolution to Council that would support the City's application for the
Preserve America community designation. Mr. Garry Cline, Museum Director, explained that
this designation stems from a White House initiative encouraging communities to participate in
preserving the country's irreplaceable cultural and natural heritage assets. The Resolution is
the final step in the application process. With that, Mrs. Richardson moved, seconded by Mr.
Adams, to adopt Resolution No. 1724 entitled "Resolution for Preserve America Community
Designation." Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, Hoboy, and Petrish.
(Motion carried.
Mr. Hoboy said that it appeared that the latest revisions to the Comcast franchise agreement
are consistent with previous Council discussions. He suggested that the final version could be
reviewed by the Council sub -committee or brought back to the Council for action.
iGilbane Findings (adoption)
Mr. Turner stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director,
presented the final Findings of Fact and Conclusions of Law for the Ship Harbor Residential
Community (Gilbane) Preliminary Development Plan (PUD) and Conditional Use for Council
review and approval. The Findings represent action previously taken by the City Council to
approve the Ship Harbor Residential Community subject to conditions. Mrs. Pickett and Mrs.
Richardson pointed out misspellings. Mrs. Richardson asked that condition # 12 be deleted
(duplication), and that condition 31 B should refer to "two lots" rather than to specific lot numbers
as the design configuration may change during the preliminary plat phase. With those
amendments, Mrs. Richardson moved, seconded by Mr. Hoboy, to adopt the conditions and
Findings of Fact and Conclusions of Law for the Ship Harbor Residential Preliminary
Development Plan (PUD) and Conditional Use Permits. Vote: Ayes — Adams, Richardson,
Geer, Hoboy, Petrish, and Pickett. Motion carried. Mr. Turner returned to the Council
chambers.
Tree Conservation Ordinance: Next Steps
Mr. Ian Munce, Planning Director, explained that, as part of a previous annual comprehensive
update, a group of citizens proposed a tree preservation ordinance. The City Council reviewed
the proposed document and then asked that a citizen's advisory committee review and revise
the proposal. The Planning Commission held a public hearing on the matter, comments were
incorporated, and the current recommended draft was reviewed at a May 1St Public Hearing.
The deadline for written comments is May 15th and all letters were submitted to Council. Mr.
Munce pointed out that the City's Municipal Code contains comprehensive tree/land clearing
and landscaping regulations that already address a number of the tree conservation issues.
Additionally, the landscaping code allows shrubs and ground cover; the tree ordinance does not.
The proposed legislation addresses incentives to retain larger trees.
Mr. Petrish disclosed that a member of his family owns an undeveloped acre and a half of
property. Mr. Hoboy discussed uniformity of threshold figures; Ordinance language should say
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�~ K� �� ��
'� — °� _
MAY 16, 2006 - CONTINUED
require document submittal of development proposals; and consensus on a maintenance
threshold that would trigger permitting. Mr. Petheh suggested an oone threshold. He said that
Parks and Forestlands trees belonging to citizens; trees on private property belong to the
owners. Mefu�hersuggested that arbitrary rules to save ornanlovetrees 'on't necessarily
factor safety issues. He then catalogued the 30 trees and numerous shrubs in his backyard
habitat. Mrs. Pickett thanked the Committee for the hours of work involved in developing this
draft Ordinance. She then discussed current landscaping credits versus the credits proposed; a
reduction in the 20' height requirement; the wide variety of landscaping eh/|es in the community;
and the proposed language limited tolarge trees. She also spoke infavor oftheuseofaT
Board assessment sothat the City and public can review official inventories on development
projects; she also referenced securing a Native {3n]mdh Protection Easement around a
development so that public trees can be retained. Mr. AdoOle discussed the safety aspect of
retaining trees in developments; his family experienced significant damage totheir home from a
tree downed during awinter storm. Mr. Turner expressed appreciation for the rational thought
and increased community awareness associated with the deVa|VpDnont of the draft Ordinance.
He spoke in favor of safely saving large trees. He also supported the use of an arborist to
identify hazardous trees. Mrs. Richardson suggested that the Council Planning sub -committee
(Mr. Hoboy, Mrs. Pickett, and K8a. Richardson) meet to review and incorporate Council and
citizen suggestions. Mr. Geer supported fair legislation that also protects private citizens; he
supported the sub -committee review concept. Mayor Maxwell said that the City has set aside
significant parks and foreot/ands, has worked to pnaoen/e tneao, and has �rnp/mrnentad a
backyard wildlife habitat program. He suggested that the taller trees targeted in the proposed
Ordinance may not provide the habitat that works best inthese environs. The Mayor also had
other administrative questions on the application of the restrictions and on regulating phvGb*
property. He supported identifying those areae where the larger trees can be saved. Mr.
K8uDoe suggested that a xvod« session of the Committee of the VVho|e, with support from the
Planning GUb-oonnnlittee, would allow for a broader range of citizen input. Council agreed to
this process.
Resolution: Street Vacation Compensation Policies
Mr. Ian K8unoe. Planning Director, presented @ Resolution to Council for review and adoption, If
adopted, the Reao|uUonvvou|destablish anodminietrabveprocess for calculating compensation
for vacated right-of-way; the Resolution was previously reviewed by Council in Study Session.
Subsequent tothe Study Session, Mrs. Richmrdaon, via e-mail to Councii, discussed the need
for G definition of "properties in the immediate " Section 2; a reduced square footage
threshold; and more detailed language in Section 3 regarding appraisals. Mr. Munce explained
that with this Resolution in place, the Council would be able to review compensation values prior
to o vacation Public Hearing. Mr. Turner suggested that a 50-7596 value would be more
appropriate. After discussion, Mrs. Pickett moved` seconded by Mr. Adams' to adopt
Resolution No. 1724 entitled "A Resolution Establishing Policies for Establishing
Compensation for Street and Alley Vaoa1ione.^ Vote: Ayes -Turner. Geer. Hoboy` Petriah,
Pickett, and Adams. No—Riohordoun. Motion carried.
Ordinance (2)Budqet Amendment 2006:2005 Capital Proiew:tsRollover
K80. Wanda Johnaon, Finance Dineotor, presented two Ordinances for Council review and
adoption. The first Ordinance references Public Works and Parks Department projects �s that
were budgeted and fully funded in 2005 but have been delayed into 2006 thereby requiring re -
appropriation of funds. The second Ordinance references projects that were not fully
anticipated at the time of the 2006 budget and are now requiring additional appropriations. /\fta[
discussion, Mr. Adams moved, seconded by Mr. Turner tomdootOrdinance No. 2736 entitled
"2005 Capital Projects Rollover Amending Ordinance No. 27�5 Adopted on November 7 of
2005. entitled 'An Ordinance Adopting the Budget and Salary Schedule for All Municipal
Purposes and Uses for the Year 2008' ^ and Ordinance No. 2735 entitled ')4n Ordinance
Amending Ordinance No. 2725 Adopted on November 7 of 2005. entitled 'An Ordinance
Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the Year
2006' ". Vote: Ayes—Richondaon. Geer, H0boy, Pethsh. Picket. /\darna, and Turner. Motion
carried.
2024
MAY 15, 2006 - CONTINUED
......................................................................... ............ __._.......................... ............ ...................... ....................... ............................................... _....... .............................................. ---- .... _.....
........
Consent Agenda
Mr. Hoboy moved, seconded by Mr. Petrish, to approve the following Consent Agenda items.
Vote: Ayes — Geer, Hoboy, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
j Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the
City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on May 4, 2006 and May 11, 2006 are approved for payment as of
this date May 15, 2006.
Claims Warrants
May, 2006: Warrant Numbers 36213 through 36446 in the total amount of $578,380.28
Pavroll # 2 for April 28. 2006 in the total amount of $619.114.73
Warrant Numbers 29034 through 29111 through $237,271.04
Direct Deposit Numbers 18251 through 18353 in the total amount of $239,870.11
EFT Numbers 544 through 549 in the total amount of $141,973.58
In the same motion Council:
Approved the Anacortes Car Show Street Fair Application and associated downtown street
closures for July 16, 2006 from 8:00 a.m. to 4:00 p.m. The applicant and City staff has agreed
to conditions regarding parking, sanitation, and street services;
Approved the Shipwreck Days Street Fair Application and associated downtown street closures
for July 15, 2006 from 6:00 a.m. to 6:00 p.m. The applicant and City staff has agreed to
conditions regarding parking, sanitation, and street services;
Approved the Fourth of July Extravaganza Street Fair Application and associated downtown
street and park closures for July 4, 2006 from 8:00 a.m. to 2:00 p.m. and from 8:00 a.m. to 5:00
p.m. Staff recommends approval subject to applicant's submitted plan and conditions regarding
services.
Ovster Run Street Fair Application
Mrs. Richardson asked that this item be removed from the Consent Agenda. After having read
the Oyster Run Street Fair proposal Mrs. Richardson noted that the applicants propose to place
signs on Highway 20 warning about potential ferry delays on the day of the Oyster Run. In light
of that, Mrs. Richardson suggested temporarily re-routing ferry traffic down 32nd Street to "D"
Avenue. Police Chief King said that he will be in contact with the Department of Transportation
regarding this alternative. Mr. Ian Munce, Planning Director, pointed out that this issue could be
brought to the attention of the Ferry Citizen's Advisory Committee at their May 18th meeting.
With that, Mrs. Richardson moved, seconded by Mr. Geer, to approve the Oyster Run Street
Fair Application subject to parking and Public Works services recommended by City staff; the
closures will occur on September 24, 2006 from 6:00 a.m. to 7:00 p.m. Vote: Ayes — Hoboy,
Petrish, Pickett, Adams, Turner, Richardson, and Geer. Motion carried.
Public Hearinq: Vacation of Portion of 3rd Street and "R" Avenue — Port of Anacortes
Mayor Maxwell opened the Public Hearing on a Petition submitted by the Port of Anacortes to
Vacate a portion of 3rd Street and "R" Avenue. Mr. Ian Munce, Planning Director, explained
that the Mayor and Council have established a transfer of property at several locations between
the City and Port. The Council sub -committee and staff will be working with the Port to develop
compensation proposals. The Petition now before Council is part of this overall proposed street
plan exchange. Using an overhead display, Mr. Munce highlighted the existing Dakota Creek
office and boatyard adjacent to the right-of-way to be vacated. The Board of Adjustment held a
Public Hearing on this matter and recommended approval with the following conditions: that
adequate parking arrangements to protect City infrastructure through easements, relocation
and/or replacement is addressed; that public parking lost by vacation is, to the extend feasible,
provided in public accessible areas; and that adequate off-street parking be provided as
necessary to accommodate employment needs of the Port and Dakota Creek Industries.
Mr. Ross O. Barnes, 1004 7th Street, suggested that Dakota Creek employee parking be
provided off-street, and that public transportation needs be met, including the Tommy
Thompson Trail extension to the Guemes Channel, via 3`d and 4th street frontage. Ms. Margaret
Schwertner, Port of Anacortes, described the proposed truck route to Pier II, property
2025
MAY 15, 2006 - CONTINUED
ownership, and number of employee parking spaces and locations. Mr. Munce pointed out that
those issues raised by the Board of Adjustment will be addressed by the Council Planning
Committee and City staff; the matter will come back to the full Council for disposition. There
were no further comments and the Mayor declared the Public Hearing closed.
Closed Record Meetinq: LDS Church Expansion — Conditional Use
Mayor Maxwell initiated the Closed Record Meeting for the LDS Church expansion Conditional
Use application to expand the existing church complex by adding a 3,100 square foot addition to
an existing 12,274 square foot church, and to add 23 parking stalls to the existing 133 stalls.
The project is located at 3720 "H" Avenue. Mr. Ian Munce, Planning Director, reported that the
Planning Commission held a Public Hearing on this matter and recommended approval subject
to conditions. All hearing exhibits and transcripts were forwarded to the Council prior to this
meeting.
Based on neighbors' testimony Mrs. Richardson recommended adding a 14th condition: "The
dumpster shall be moved to a location near the center of the property to reduce noise impacts
on neighbors; location to be approved by the Public Works Department." Mr. Bob Hyde,
Director of Public Works, described the associated private waterline and hydrant maintenance
issues. With the addition of Condition # 14, Mrs. Richardson moved, seconded by Mr. Hoboy
to approve the LDS Church expansion Conditional Use and Findings of Fact and Conclusions of
Law. Vote: Ayes - Petrish, Pickett, Adams, Turner, Richardson, Geer, and Hoboy. Motion
carried.
Closed Record Meetinq: Prutzman — Conditional Use — Residences in the CM Zone
Mayor Maxwell initiated the Closed Record Meeting for a Conditional Use Permit application
submitted by David Prutzman (Channel Landing) to develop 9 residential units on 3.93 acres
generally at 4406 and 4408 Oakes Avenue; the property is located in the CM Zone. Mr. Ian
Munce, Planning Director, reported that the Planning Commission held a Public Hearing on this
matter and recommended approval subject to conditions. During the hearing process, Mr.
Prutzman expressed an interest in keeping Lots 7 and 8 for Commercial Marine use; however,
the Planning Commission recommended the 9 lots be approved for residential use. Mr.
Prutzman is committed to working with the City on retaining as many significant trees as
possible. Additionally, the potential street access has been coordinated with the Woolworth
property to the east and the Gilbane property to the west.
Discussion followed regarding safety issues associated with access onto Oakes Avenue. Mr.
Munce explained that, if approved, the Oakes access will be subject to intersection
improvements including channelization and traffic signal preparation to be coordinated with the
Department of Transportation. After discussion, Mr. Turner moved, seconded by Mr. Geer, to
approve the Prutzman Conditional Use Permit for a 9 -lot residential project in the CM Zone
together with the 24 conditions outlined in the Findings of Fact and Conclusions of Law. Vote:
Ayes — Pickett, Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried.
Contract Award: Pump Station 15 Electrical Contract, 03 -070 -SEW -003
Mr. Bob Hyde, Director of Public Works, presented a request for Council approval of a contract
between the City of Anacortes and Seven Sisters, Inc. for the necessary electrical work for the
reconstruction of Pump Station 15 at the intersection of 12th Street and "B" Avenue. Bids were
distributed to companies that are experienced with pump stations and can provide
instantaneous response. The low bid was received from Seven Sisters, Inc. in the amount of
$26,105.76. After discussion, Mr. Hoboy moved, seconded by Mr. Geer, to award the Pump
Station 15 electrical work contract to Seven Sisters, Inc. in the amount of $26,105.76. Vote:
Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and Pickett. Motion carried.
There being no further business, at approximately 9:50 p.m. the Mayor continued the Meeting to
Wednesday, May 17, 2006 at 7:00 p.m. to conduct the Council's Comprehensive Plan work
session.
Wanda P. Johnson, City)Clerk-Treasurer H. Dean Maxwell, m6yor
CV
'C uncllmembe
June 5, 2006
At 7:30 pm. Mayor Maxwell called the regularly scheduled meeting of Monday, June 5. 2086 to order.
Roll uoU found present Loren Hoboy, Nick Petrish' Erica Piokett, Brad Adanns, EUU Turner, Cynthia
Richardson, and Brian Geer. Roll call was followed bythe Pledge ofAllegiance.
Minutes ofPrevious K0emtinq ,
Mrs. Richardson recommended that the following sentence be deleted from page 2:
Ordinanceio|| hczar�nes-trees.^ With that correction, Mr. , that minutes of 15 20OS be approved as if naed Vote'
Pathshnnovod. seconded by Mr. 6a�r' a the �y . � �
Ayee-Petriah. Pickett, Adanns, Turner, Richardson, Geer, and Hobny. Motion carried.
CiiizeoHamrin-qs
Nncitizens present wished totestify onmatters not onthe agenda.
K0 dCounciYConnmmmmicatmm/
Mayor�'^. '`''xp`'presented '"''�, �ngCoonnnendmbonfor Police OfDcer(�hadPruie�vvhoeabnaveryand
selflessness was responsible for saving a life and the prevention ofatragic drowning. He is to be
commended for placing his own life at risk to assure the safety of member ofour community. Officer
Pruitt received the Commendation to a standing ovation. Police Chief Mike King added that it was a
p|eeauna and honor to award this commendation; Officer Pruiett's actions were representative of the
City's officers who, when na||ed, are willing to take the hake and make the sacrifices that are being
honored this evening.
Ms. Nicole Johnston, the Recreation Coordinator for the Parka and Recreation Departmont, reported on
the 14m annual Kids All American Fishing Derby at Heart Lake. Of the 83 participants, 53 caught fish.
K8o Johnston said that the event would not have been possible without the support of the Fidalgo Chapter
of the Puget Sound Anglers. The club members used their boats and equipment to take the children
fishing; they also fed the families and participants. yWo. Johnston then presented o Certificate of
Appreciation to Angler club member, Mr. Karl Frantz together with thanks from the City ofAn000rten
Parks Department. Mr. Frantz said he took two young nnan out in his boat and they both caught their first
fish. Mr. Fnantc, an employee of the City otthe Water Treatment P|ont, thanked the Parks Department
personnel for allowing the Anglers to participate in this positive event.
The Mayor then read the first of two Proclamations: A Proclamation designating Annoortes as "A City of
One" participating in o global movement to significantly reduce poverty in 2006; the Mayor thanked
Anocortes High School student' Ma. Lindsey Hearn, for her advocacy and for this noble cause and for
bringing community focus hnthis significant campaign.
The Mayor read o Proclamation designating June 2006 as Hire-o4/etenan Month in the City nfAnacodea;
the Proclamation ready, in part. "VVheraam, we recognize those who have responded without hesitation tn
the oa|| to duh/ and have aen*ad to make our country fnae, and those men and women that are serving
today to keep our country free, especially our troops in troubled spots around the world."
The Mayor asked for Council confirmation of the reappointment of Mr. David Sbston as the third ward
representative on theAneoortes Improvement Board. Mr. Parrish an moved, seconded by Mr. Hoboy.
The vote was unanimous.
There will be a Public Safety Committee meeting June 6 th 4:00 p.m. at the Anacortes Police Department.
Mr. Geer thanked the K8ayor. City ofAnomartes. and the citizens who participated in the Relay for Life
fundraising emant- total donations to date: $82.000This significant effort tn carry on the fight against
cancer will continue through August 31st
Mrs. Richardson wished the Mayor oHappy Birthday.
Tree Ordinance: P]amnimq Sub -committee Recommendation
By way of background, Mr. Ian K8unce, Planning [>irector, explained that the Council's subcommittee met
to review how the proposed tree preservation element can be incorporated into existing land clearing and
landscaping statutes. Discussions have been held on updating land clearing provisions to include
expanded environmental reviews, larger performance bonds, and arborist assessments. Additiono||y,
significant restrictions will be placed on new development: If property is subdivided, those actions will
trigger tree preservation requirements. Mr. yWunon added that the landscaping coda specifies that
shrubbery alone is acceptable as ground cover; in the proposed language half ofplantings would typically
be trees that grow to over 20' at maturity. It was agreed that drafts of the modified ordinances will be
brought back toCouncil for review and possible adoption.
JUNE 5, 2006 - CONTINUED
ConsenAcienda
Mrs. Richardson moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote:
Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and Pickett. Motion carried.
AoDroval ofVouchers/Cancellation ofWarrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on May 18. 2006, May 25, 2008, and Juno 1. 2006 are approved for payment os of this date
June 5.2UO8. !
Claims Warrants
May, 2006: Warrant Numbers 3G450through 3G7O2inthe total amount of$73U.2O9.25
PrewhttenVVernanbs:
May, 2006: Warrant Numbers 3G447.38448.38440inthe total amount of$5.830.S4
PnvnnU#1for Mav15.2OOGinthe total amount uf$45U.198.0B
Warrant Numbers 2Q112through 2Q17Sinthe total amount of$GG.784.8O
Direct Deposit Numbers 1841Othrough 185GOinthe total amount of$241'743.15
EFT Numbers 550through 555inthe total amount of$141.67O.U3
|nthe same motion Council:
Approved the Anacortes Arts Festival Street Fair application and associated downtown street closures for
August 4, 2006 and August 5, 2006 from 10:00 .nn. to 8:30 p.m., and August 6, 2006 from 10:00 a.m. to |
5:00 p.m. Staff recommends approval subject to applicant's submitted plan and conditions regarding '
services. Mrs. Pickett asked that the City streets remain open until 6:00 p.m. on Thursday night.
Award: Stevenson Road Sewer Contract
Mr. Fred Buokenrnoyer, Assistant City Engineer, explained to the Council and audience that portions of
the City in the yWan:h point area south ofHighway 2O are currently on septic systems. The City initiated
the design for sanitary sewer in this area in 2002; the City has also worked with several property owners
inthe area toseek grant money for economic development. The request before Council istnaward the
construction contract for the Reservation, Stevenson, and Thompson Roads Sanitary Sewer extension
construction project, Contract #03-012-GEVV-DU5. |ƒ awarded, afuture budget amendment for the project
will berequired. Additionally, a Conditional Use application has been submitted for a small wetland buffer
encroachment. Approximate project cost is $710,000. VVith that, Mr. Turner moved, seconded by Mr,
Gear, to award Cnntnynt# 83-012-SEVV-005 to Trico Contracting in the amount of $682.412.04. Vote:
Ayes—Tunner. Richardson, Gear, Hoboy, Pethsh' Pickett, and Adams. Motion carried.
Interlocal Aqeementvvith Port of Commission
Mc Gary Robinson, Park and Recreation Dinautor, presented an |ntadouo| Agnaanoant for Council review
and adoption. The agreement establishes a structure for the Arts Commission to assist the Port in
selecting artwork for their central plaza at the Cop Sante Boat Haven. Mr. David Corte|you, od
commission nnernber, reported that the Commission has worked with the Port, with Island Hospital in
acquiring fine art for their remodel project, and has had discussions with the State relative to the Ferry
Terminal artwork selection process. The Commission has encouraged various types of artwork
throughout the community. Mr. Adams commended the work of the Commission. With that, Mr. Hoboy
nnoved, seconded by &1r. Gaer, to authorize the Mayor to enter into an Interlocal Agreement with the Port
of Anacorteo regarding the City of Anaoortes Arts Commission — Selection of Artist and Conceptual
Design for Central Plaza P|ooemarkerotthe Cap Sante Boat Hoven." Vote: Ayes - Richardson, Geer,
Hoboy.Petriah,Pickett, Adams, and Turner. Motion carried.
Closed Record KOeetoq: Woods atSunset Cove Planned Unit Development NF&0Uand Conditional
Use Permits
Mr. Gear said that he lives on Shannon Road near this project. Neither the applicant nor the appellant
objected to Mr. Geer's participation. Mayor Maxwell initiated the Closed Record Meeting for the Woods
mtSunset Cove Planned Unit Development and Conditional Use Permit applications. Mr. Ian K8unoo
outlined the procedure for this PUD project. The Planning Commission held Public Hearings, took public
testinnony, and conducted o site visit; all the extensive and complete application nnateria|o, exhibits,
transcripts, and recommendations were forwarded to Council for review.
K4c K8unoe then outlined the features of the project. Substantial buffer averaging is requested. The
property was platted many years ego and the preliminary proposal re -designs rather than uses the old
grid system; as a result the Woods lot layout better suits the terrain and works around the wetland areas.
Mr. Munce then used a series of overheads to highlight the project area located off of Sunset Avenue and
adjacent to Sunset Cove. Staff supports buffer area averaging in exchange for the wetland and buffer
area oust over 7 acres) being deeded to the City; in that ragord, half the site would be in protected open
space. While current zoning would allow for 52 units, the Woods proposal is for 25 units. No deviations
from City standards were requested; small !oto are proposed; infrastructure will maintain the existing
water balance; and Public Works will manage the detention levels and discharge rates. Final engineering
will be brought back atthe preliminary plat process. The Planning Commission recommends approval
subject to37conditions. One appeal was filed.
2028
JUNE 5, 2006 - CONTINUED
Mr. Ross O. Barnes, 1004 7th Street, referred to his appeal and supporting documents. Speaking on
behalf of himself and Evergreen Islands, he addressed issues that are not clarified in the existing
conditions. In particular, lots on the north are reverse frontage lots and he recommended revisions for
lots 1, 7, and 8 setbacks. He then challenged the water balance calculations submitted as part of the
application; Mr. Barnes also discussed his concerns regarding water flow with regard to drainage basin C.
He asked for clarification on the methods to be used.
Mr. Glenn J. Amster, attorney with Lane Powell, 420 5th Avenue, spoke on behalf of the applicant, Chaffey
Homes. Mr. Amster underscored that while the property is platted for 52 lots, the proposed lot layout
adds design flexibility as the code suggests. That, together with a buffer averaging and reduced setbacks
proposal, will provide for quality home sites. None of the next door neighbors filed an appeal of the
Planning Commission recommendation. Further, the City's code establishes that the setbacks are to be
determined by the Planning Coordinating Committee during the Final Development (Preliminary Plat)
phase. With regard to the drainage issue, Mr. Barnes has introduced a new argument with his criticism of
the hydrological analysis. Mr. Amster asked Council to reject Mr. Barnes' interpretations of the reports
submitted with respect to retaining a predevelopment water regime.
Mrs. Richardson asked for a clarification of the proposed setbacks. Ms. Marianne Manville-Ailles of
Skagit Surveyors, said that reduced setbacks were requested so that design flexibility can be maintained;
she referenced the project narrative for more detail. The proposal also includes upgrades to the drainage
system in order to maintain the existing flows but not to exceed them. Mr. Fred Buckenmeyer, Assistant
City Engineer, using an overhead display, described the water flow/drainage system in the project area.
An increase in flow is not anticipated with the proposed mitigation. Mr. Hoboy suggested that "storm" be
deleted in condition # 15. Mr. Adams emphasized the flexibility of this proposal and benefit to the
community. Mrs. Richardson suggested certain amendments: add to Condition # 16 "... and shall also
be subject to a Native Growth Protection Easement."; add to Condition # 23 ".. trees shall be included
along all street frontages;" various typos were addressed; add to Condition # 37 "...and herbicides"; add
two Conditions # 38 "Building setbacks adjacent to the wetland buffer shall be 20' minimum."; and
Condition # 39 "front yard setbacks shall be 20 feet; rear yard setbacks shall be 10'; side yard setbacks
shall be 5'; except 10' side yard setbacks on corner lots; and lot coverage shall not exceed 45%."
Mrs. Pickett responded that it was clarified earlier in the discussion that setbacks would be designated at
the Preliminary Plat stage. Mr. Hoboy supported Mrs. Richardson's buffer setback suggestion. Mr.
Munce responded that these proposed changes may well cause a loss of the unique public benefit
provided by this project. Mr. Turner suggested the use of an arborist to monitor lots adjacent to the
buffer. After discussion, Mr. Adams moved, seconded by Mrs. Pickett, to approve the Woods at Sunset
Cove Preliminary Development Plan together with the Findings of Fact and Conclusions of Law as
recommended by the Planning Commission. Mr. Hoboy moved to amend the motion to include Mrs.
Richardson's amendments. Mrs. Richardson seconded the motion. Vote on the amendment: Ayes —
Hoboy, Richardson No - Geer, Petrish, Pickett, Adams, and Turner. Motion failed. Vote on the main
motion: Ayes — Petrish, Pickett, Adams, Turner, Richardson, and Geer. No — Hoboy. Motion carried.
Public Hearing: 2006 Development Regulations (referral to Planning Commission)
Mayor Maxwell opened the Public Hearing to consider which proposals should receive further
consideration as part of the 2006 Comprehensive Plan (CP) and Development Regulation (DR)
Amendment process:
Mr. Ian Munce, Planning Director, reviewed the three new proposals: (1) De -list the Anaco Bourn as a
stream protected under the City's Critical Area Ordinance. (2) Delete the requirement that wetlands only
be delineated by a professional wetland scientist. (3) Add a specific "Reasonable Use" exemption to
stream regulations. Staff recommends that all three items be brought forward for Planning Commission
consideration. The Planning Commission will also consider the remaining items from 2005 at that time.
There were no further comments and the Mayor declared the Public Hearing closed. With that, Mrs.
Pickett moved, seconded by Mrs. Richardson, to move these three items forward for further consideration
by the Planning Commission. Vote: Ayes - Petrish, Pickett, Adams, Turner, Richardson, Geer, and
Hoboy. Motion carried.
Executive Session
At approximately 9:45 Mayor Maxwell announced that the City Council would convene in Executive
Session to discuss City water rights litigation. At approximately 10:30 p.m. the Council reconvened and
without taking any further action, continued the meeting to June 7, 2006 for the purpose of conducting the
City Council Comprehensive Plan Work Session; Council then continued the meeting to June 12, 2006 for
the purpose of conducting a Public Hearing: South Fidalgo Zoning and asso .ated issues.
c f Y 1
Wanda P. Johnson, City Clerk -Treasurer H. Dean Maxwell, Mayor
"�o
uncilmember
2029
June 19, 2006
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, June 19, 2006 to order.
Roll call found present Loren Hoboy, Nick Petrish, Brad Adams, Bill Turner, Cynthia Richardson, and
Brian Geer. Absent: Erica Pickett. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinq
The minutes of June 5, 2006 will be available on July 3, 2006.
Citizen Hearinqs
Mr. Bill Mitchell, 807 27th Street, addressed the Mayor and Council regarding the Tommy Thompson Trail
and the Depot Master Plan. Mr. Mitchell recently conducted informal community surveys regarding
"Parkway" versus "Trail" to the Tommy Thompson Trail; regarding two designs for the Trail signage
including a blue heron and Tommy Thompson's train; and regarding the use of Tommy Thompson's car
house adjacent to the Depot as a Museum and as a place to present Bill Lowman's gill-netter, the 'Zig
Zag." Mr. Mitchell suggested that the car house should be used for display not for storage; the building is
ground level with easy public access. The Council received copies of a biography of Mr. Loman. Mr.
Adams suggested that Mr. Mitchell work with the Museum Board and Parks Department for further
support of his proposals. Mrs. Richardson pointed out that Mr. Mitchell's recommendations have been
discussed as part of the Depot Master Plan development. Mr. Petrish suggested that a purse -seiner be
preserved and included in the overall plan.
Mayor Maxwell then introduced Mr. Randy Brackett, member of the Board of Directors, Washington
Chapter of the American Public Works Association. Mr. Brackett was pleased to honor the City, Public
Works Director, Mr. Bob Hyde, and the Public Works Department for the Tommy Thompson Trail project.
It was reviewed along with a dozen other projects statewide and was selected as the best project of the
year for those projects under $2,000,000. Mr. Brackett then presented a commemorative plaque to Mr.
Hyde.
Mayor/Council Communication'
Mayor Maxwell introduced Ms. Wanda Johnson, Finance Director. Ms. Johnson reviewed the CFP and
2007 Budget calendar with the Council. The Budget process begins with the September 5th Mayor's
address. Work sessions, Public Hearings, and Ordinance adoptions have also been scheduled; Mr.
Hoboy supported a similar procedure as last year's. Mr. Petrish said his two areas of interest are historic
district classification and the funding for the Depot Arts Center. Mrs. Richardson suggested starting the
CFP plan discussions with the Depot Master Plan improvements; she also inquired about the Cemetery
Master Plan implications with regard to the CFP. Mr. Hoboy asked to discuss economic development.
Ordinance: Vacatinq Portions of New York Avenue, 2nd Street, and Ohio Avenue — The Isles
Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. If
adopted, the Ordinance would vacate those rights-of-way associated with off-site improvements included
in The Isles Planned Unit Development project; Mr. Munce added this action constitutes compliance with
the Development Agreement between the City of Anacortes and The Isles. Using an overhead, Mr.
Munce highlighted those portions of West 2nd Street and New York Avenue to be vacated. Mr. Hoboy
suggested that a reference to the Ohio access issue be included in the Ordinance. With that
amendment, Mrs. Richardson moved, seconded by Mr. Geer, to adopt Ordinance No.2737 entitled "An
Ordinance Vacating Certain Portions of New York Avenue adjacent to Blocks 1305 and 1405, west
Second Street between Blocks 1503 and 1504, and Ohio Avenue lying within the extended northerly and
southerly right-of-way of Section Street, all in the Northern Pacific Addition to the City of Anacortes."
Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried.
........... .................... _................... ........... _.................. .............. __._............................... _........................ ............... .................................... _............................ ..... ......... ...
Consent Aqenda
Mr. Hoboy moved, seconded by Mrs. Richardson, to approve the following Consent Agenda items. Vote:
Ayes — Petrish, Adams, Turner, Richardson, Geer, and Hoboy. Motion carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on June 8, 2006 and June 15, 2006 are approved for payment as of this date June 19, 2006.
Claims Warrants
June, 2006: Warrant Numbers 36709 through 36921 in the total amount of $434,907.81
Prewritten Warrants:
June, 2006: Warrant Number 36703 in the total amount of $20,548.72
EFT
June, 2006: EFT Numbers 36704 through 36708 in the total amount of $687.00
Pavroll # 2 for Mav 31, 2006 in the total amount of $651,569.53,
Warrant Numbers 39181 through 29262 in the total amount of $246,946.53
Direct Deposit Numbers 18567 through 18670 in the total amount of $252,761.60
EFT Numbers 556 through 561 in the total amount of $151,861.40
JUNE 19, 2006 - CONTINUED
Cancelled WarrantWarrant Number 36503 in the total amount of $102.01In the same motion Council:Accepted the 2006 Waterline Replacement project (05-002-WTR-002) as complete.
Final Plat The Breeze
Mr. Turner stepped down from deliberation on this matter. Mayor Maxwell introduced the Final Plat
application for The Breeze. Mr. Ian Munoe, Planning [}ineotur, explained that the project infrastructure
and improvements have been installed, all conditions have been met, and a standard 2 -year Maintenance
Bond inthe amount of$18.572.50isproposed. Additionally, City staff and the applicant worked together
to meet the challenges of adverse site conditions not anticipated at the preliminary plat stoge, in
particular, the need for a"small ou|-da-aac^ The Planning Commission reviewed haFinal Plat documents
and recommended approval. Mr. Petrish inquired about the content of the Covenants and Restrictions for
the Homeowners Association. After discussion, Mrs. Richardson nnoved, seconded by Mr. Petriah to
approve the Rno\ Plat application for The Breeze as pnaaented, subject to the Maintenance Bond in the
amount ofS18,572.5O. Vote: Ayes - Richardson, Geer, Hoboy.Pethsh,and Adams. Mr. Turner returned
tothe Council Chambers.
Closed Record H0eetmq: Cooditiona|UmePennit—CKck—Dupkyx inR2Zone,
Mayor Maxwell initiated the Closed Record Meeting for Conditional Use application submitted by W1c
Randy Click for a duplex to be located at 710 Fida|go Avenue. An existing house at this site has been
removed. The Planning Commission held Public Hearings on this matter and all testimony, transcripts,
and application materials have been forwarded tothe Council. During the Hearings the neighbors raised
concerns over the layout and overall appearance of the proposed duplex; they felt it was not in keeping
with the neighborhood atmosphere. Mr. Click responded with o revised design showing access for each
unit from a different street (Fida\go Avenue and "S" Avenue) and with an architectural look similar to
single family homes. The Planning Commission voted to recommend approval subject to conditions. No
appeals were filed.
K4c Randy Click, 806 Haddon Rnad, answered oquestion from yWc Hoboyregarding the evergreen trees
located in the northwest corner of the property. Mr. Adams thanked K8c Click for responding to the
neighborhood issues. Questions followed regarding vehicle off-street parking spaces. Mr. Turner also
complimented the proposed design. W1m. Richardson said that the revised layout creates the look of two
annaU houses. After discussion, Mrs. Richardson moved, seconded by Mr. Pstrioh' to approve the
Conditional Use Application for the Click duplex project at 702 Fidalgo subject to the conditions contained
in the Findings and Fact and Conclusions of Law recommended by the Planning Commission. Vote:
Ayes—Geer, Hnboy, Pethsh, Adams, Turner, and Richardson. Motion carried.
Closed Recerd8Oeetimq: Conditional Umn—StevenmmmRmmd—VVetlandBwffer
Mayor Maxwell initiated the Closed Record meeting on aConditinma| Use application submitted by the
City ofAnacortos Public Works Department. The sewer construction project on Stevenson/Thompson
Roads will require a directional bore under the adjacent wetlands thereby disturbing proximally 1,400 feet
ofwetland buffer. Mayor Maxwell added that while the directional bore procedure is more expensive it is
the preferred method. The mitigation plan will be monitored and managed by professional wetland
scientist. The Planning Commission held Public Hearings on this matter; there was no public testimony
and the Commission voted to recommend approval subject to conditions outlined in the March 31, 2006
K8DNS issued by the City ofAnaomrtee. Vote: Ayes — Hoboy. Potriah, Adaona, Turner. Richardson, and
Geer. Motion carried.
Closed Record K8eetnm:Knutson Repbat
Mayor Maxwell initiated the Closed Record Meeting for a Preliminary Plat (replat)application submitted by
Douglas Knutson for an 8 -lot subdivision generally located at 5318 Sunset Avenue. The Rep|ot
application includes a request for the vacation of the south 30' of Park Avenue adjacent to the subject
property; the proposed hght-nf-vvoy. Grady Lane, will bededicated tothe City. Mr. Ian K8unco. Planning
Dinaotor, used an overhead display to highlight the property location and to show the lot layout. The
Planning Commission held Public Hearings on the matter and voted to recommend approval subject to 30
conditions. Also, g site visit was held and as o result, the Planning Conomniea\oo added Condition #2Q
"Lots 7 and 8 shall not be sold separately as long as the garage remains on Lot 8." One appeal was filed
with n portion of the appeal dedicated to o property line disputeIn that response to the appellants
concerns, Mr. Knutson volunteered a 10` natural vegetation landscaping strip along that subject property
The appellant was not av�|ob\efor comn1ente�houghher appeal forn�and non�rnentevvenaforwarded to
the Co'mj| prior to this meeting. Having reviewed the appeal, K8c Turner nnoved, seconded by Mrs.
Richardson, todeny the appeal. Vote: Ayoa-Pethoh. Adams, Turner, Richardson, Geer, and Hoboy.
Motion carried.
2031
JUNE 19, 2006 - CONTINUED
Questions followed regarding the Sunset Avenue plans in relationship to this project. Mr. Hoboy inquired
about the center cul-de-sac landscape island referred to in Condition # 27. Mrs. Richardson asked about
the enforcement of future ownership relationship for the 10' easement. Mr. Munce explained that a
landscaping plan with easement language will be brought back to Council at the final plat stage. It was
also explained that the inclusion of the vacated right of way into the project area, vacating of the
underlying plat, and the resulting dedication of a City street have all triggered the replat process. With
that, Mr. Hoboy moved, seconded by Mr. Petrish, to approve the Knutson Replat subject to the conditions
and Findings of Fact and Conclusion of Law recommended by the Planning Commission. Vote: Ayes —
Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried.
There being no further business, at approximately 9:00 p.m. Mayor Maxwell adjourned the regularly
scheduled meeting of June 19, 2006.
Wanda P. Johnson, Ciify Clerk -Treasurer
_&AA4"V�
Cduncilmember
(:W�L 044��
H. Dean Maxwell, Mayor
2032
July 3, 2006
The Mayor called the regularly scheduled meeting of July 3, 2006 to order at 7:30 p.m. Roll call
found present: Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, and Cynthia
Richardson. Absent: Brian Geer Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinq
Mr. Petrish moved, seconded by Mr. Adams, to approve the minutes as corrected. Vote: Ayes
— Richardson, Picket, Hoboy, Turner. Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
Mavor/Council Communication '
American Red Cross — Carina for Kids:
Mayor Maxwell presented the program by the American Red Cross — Caring For Kids. This is a
program to help assure that every child on Fidalgo Island starting the first day of school is
equipped with clothing, shoes and supplies. Caring for Kids is run through the local Red Cross.
They have a list of items they are seeking. Anyone wishing to help should contact either Kelly
Highberg or Michele Hanson at the Anacortes American Red Cross.
Comprehensive Plan — Transportation:,
The Mayor emphasized that the City Council will be going though the transportation element of
the Comprehensive Plan and making revisions. The 2006 Comprehensive Plan has not been
approved by the City Council as of yet.
Kisakata. Japan:
Mr. Petrish presented a letter from the Mayor of Kisakata, Japan, inviting Brian Geer to
represent the City of Anacortes to a ceremony to celebrate the building of a monument in honor
of the sister city relationship between Anacortes and Kisakata.
Unfinished Business
Public Works Citizens Advisory Board:
Mr. Hyde, Public Works Director, asked to reactivate the Public Works Citizens Advisory Board
that would help Public Works and Mayor determine the effectiveness and functions of public
works projects. A new committee consisting of five people has been approved. The nominees
include Lynn Folsom as Chair along with John Polk, Kirk Kennedy, Jim Pemberton and Ken
Wilson. Ms. Folsom will also be a member of the Public Works Sub -Committee (in addition to
the three council members) that meets once a month on the first Friday. She will be the link to
the Public Works Committee. Mr. Petrish moved to appoint the nominees, seconded by Mr.
Hoboy. Ayes: Richardson, Pickett, Turner and Adams. Motion carried.
I—_ ............... ......................................... ................................... ............ ............... ... . . ..............................
Consent Agenda
Mr. Adams moved, seconded by Ms. Pickett, to approve the following Consent Agenda items.
Vote: Ayes — Turner, Richardson, Petrish and Hoboy. Motion carried.
Approval of VoucherslCancellation of Warrants:
Council voted unanimously that the following vouchers/warrants audited and certified by the
City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on June 22, 2006 and June 29, 2006 are approved for payment as
of this date April 17, 2006.
Claim Warrants
June, 2006: Warrant Numbers 36927 through 37086 in the total amount of $541,901
EFT Claims
June, 2006: EFT Numbers 36922 through 36926 in the total amount of $448.00
Payroll Warrants
Payroll #1 for the June 16, 2006 in the total amount of $462,100.93
Warrant Numbers 29263 through 29334 in the total amount of $71,289.15
Direct Deposit Numbers 18737 through 18887 in the total amount of $245,854.80
EFT Numbers 562 through 567 in the total amount of $144,956.98
Cancellation of Warrants
Warrant Number 36754 in the amount of $4.00
Warrant Number 36815 in the amount of $14.00
Warrant Number 36823 in the amount of $5.00
Warrant Number 36917 in the amount of $25.00
.............. ............. ............
.......................... .......................... ........ . .
10
2033
JULY 3, 2006 - CONTINUED
New Business
Technical Corrections to the Buildinq Codes Ordinance:
Mr. Ed Frank presented a revised building codes Ordinance. Technical errors and omissions
were recently discovered which include coordinating with the language in the Zoning Ordinance
and a clause to establish an inspection fee in those instances where the applicant failed to pick
up their permit prior to starting their work. Mr. Hoboy moved to approve the technical
corrections as presented (Ordinance 2738, Adopting the International Building Code,
International Building Code Standards, International Mechanical Code, International Fire Code,
Uniform Code for the Abatement of Dangerous Buildings, Uniform Plumbing Code, Providing for
the Issuance of Permits and Collection of Fees Therefore, Providing Certain Changes to Said
Codes, Providing Penalties Therefore, and Repealing Ordinance Number 2669, Passed and
Approved on the 21St day of June 2004) seconded by Mr. Petrish. Vote: Ayes — Pickett,
Turner, Richardson and Adams.
Assistance to the Homeless:
Mr. Munce presented a request for continued support of the Skagit County Community Action
Agency Homeless Assistance Program. After discussion, Mr. Turner moved to go forward with
the proposed interlocal agreement, seconded by Mr. Hoboy. Vote: Ayes — Richardson, Pickett,
Adams and Petrish.
Ordinance Identifvinq an Aqent to Receive Damaqe Claim:
Mr. Munce presented the issue regarding naming the person within the City that accepts service
of lawsuits filed against the City. Currently Wanda Johnson, as City Clerk, accepts any claims
against the City. Wanda Johnson has officially changed her last name to Phillips and will be
signing all documents as Wanda Phillips. Mrs. Richardson voted to adopt Ordinance 2739
entitled An Ordinance Repealing Ordinance No. 2684 Identifying an Agent to Receive Damage
Claims and Identifying City Clerk Wanda Phillips as Agent to Receive Damage Claims. The
motion was seconded by Mr. Adams. Vote: Ayes — Turner, Hoboy, Petrish and Pickett.
The Mayor reported that the fireworks donation fund is currently up to approximately $15,000 for
the 4th of July display; he thanked all those who contributed time and money to this community
event.
There being no further business, at approximately 8:45 p.m. Mayor Maxwell adjourned the
regularly scheduled meeting of July 3, 2006.
Wanda P. Johnson, Citi Clerk -Treasurer H. Dean Maxwell,/Mayor
*ucilm�eZer
2034
July 17, 2006
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, July 17, 2006 to order.
Roll call found present Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia
Richardson, and Brian Geer. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinq
Mayor Maxwell pointed out that the minutes of July 3, 2006 should note that Mr. Geer was absent. With
that correction, Mr. Petrish moved, seconded by Mr. Adams, that the minutes of July 3, 2006 be approved
as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and Hoboy. Motion carried.
Citizen Hearinqs
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication
Mayor Maxwell announced that Mr. Allen Lindbo is the current recipient of the City's Safety Incentive
Award. The Mayor explained that the Wastewater Treatment Plant operators have to maneuver heavy
and cumbersome equipment during maintenance and repair. This moving process is slow and has led to
injuries. With that in mind, Mr. Lindbo suggested the City purchase a portable hydraulic roll -around table
to help move the heavier equipment. The purchase was made, and the new table provides for a more
efficient process, and more importantly, for a safer working environment. Ms. Becky Fox, Treatment
Plant Lab Supervisor, accepted the award on Mr. Lindbo's behalf.
Ms. Nicole Johnston, Recreation Supervisor, announced that the first annual Art Dash Half Marathon and
5K Fun Run will be held on July 29 h; children 12 and under can run for free. The Run will start at City
Hall and end at the Port warehouse for closing ceremonies and awards. The event will also kick off the
Fire Art Show at the Port; in that regard, Run participants are encouraged to dress artistically.
Registrations will be taken up to the day of the event. The Mayor and Council thanked Ms. Johnston for
this and other excellent Recreation programs.
Mr. Petrish shared that the Seattle Times picked Tommy Thompson's Trail as the "Hike of the Week".
Also, Mr. and Mrs. Petrish recently spent time in the Bellingham Fairhaven District and Port of Bellingham
facility. A business owner in the Fairhaven area said that the successful revitalization program was due,
in part, to the significant number of condos in the Fairhaven neighborhood.
........................................................................................ ................... .... ... .................................. ............._............. _................................ _............................. ..................................... ................................. _... _...... .........................................................
ConsentAgenda
Mr. Hoboy moved, seconded by Mr. Geer, to approve the following Consent Agenda items. Vote: Ayes —
Pickett, Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried.
Approval of Vouchers/Cancellation of Warrants,
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on July 6, 2006 and July 13, 2006 are approved for payment as of this date July 17, 2006.
i
Claims Warrants
July, 2006: Warrant Numbers 37094 through 37338 in the total amount of $983,397.34
EFT
July, 2006: EFT Numbers 37088 through 37093 in the total amount of $1,511.00
Prewritten Warrants:
July, 2006: Warrant Number 37087 through $501.43
Pavroll # 1 for June 30. 2006 in the total amount of $686.199.52
Warrant Numbers 28335 through 29421 in the total amount of $241,306.40
Direct Deposit Numbers 18888 through 18991 in the total amount of $245,484.09
EFT Numbers 537 through 573 in the total amount of $199,409.03
Cancelled Warrant
Warrant Number 37011 in the amount of $264.00
In the same motion Council:
Approved the Eagles Annual Barbecue Street Fair Application; the event will take place on August 18, 19,
and 20, 2006 from 7:00 a.m. to 8:OO p.m. each day.
..........................................................................................................................................................
Tourism Committee Appointments/Schedule
Mr. Ian Munce, Planning Director, presented the proposed annual cycle for the 2007 Tourism Promotion
Fund program. Applications will be due to the City's Legal Department by September 15, 2006;
applications will be reviewed by the Council Committee on September 29, 2006; and Committee
recommendations will be presented to the Council on October 16, 2006. The Fund supports projects
which bring tourist dollars to the City's economy; the grant funds must be used for costs associated with
promotion/advertisement of the project. The Mayor, 2 representatives from the hospitality industry, and
Councilmembers Geer, Petrish, and Adams will form the 2007 Committee. Mr. Adams asked for some
flexibility regarding the September 29th meeting time. With that, Mrs. Richardson moved, seconded by
JULY 17, 2006 - CONTINUED
Mrs. Pickett to approve the 200Tourism Promotion Fund Time Line and Committee participants. Vote:
Ayes — Adams, Turner, Richardson, Geer, Hoboy.Pehish.and Pickett, Motion carried.
Closed RmomrdKAeetimq: Comdddona|UsoPemnit—Pattenson—TwoDoplexamin the 2 Zone —
3S'n Street and '^D',Avenue
Mrs. Richardson characterized her previous conversations with the Testermano. property owners hothe
east ofthe Patterson project. Mayor Maxwell then initiated the Closed Record Meeting for mConditional
Use application submitted by Mr. Chuck Patterson todevelop two duplexes generally located along the
east side of "D" Avenue, south of the 35m Street right-of-way; the duplex property is in the R-2 Zone. &1r.
Ian Munce, Planning Director, used an overhead display to identify the condominium developments in the
adjacent R-4 high density zone. Mr. Patterson also owns R-4 zoned property to the south of the duplex
{oto and, as part ofhis ovansU development plan, proposes to develop o 12 -unit condominium building at
that location. ''D" Avenue 000esa and sight visibility were initial concerns and staff encouraged the
applicant to develop 35mStreet to the north. Neighbors suggested that increased density could be an
issue; however, the duplexes will provide a transition from high density to residential housing. Conditions
were recommended regarding temporary access and easements to the Testmnnan property. The
Planning Commission held Public Hearings and recommended approval subject to 17 conditions.
Although the applicant expressed some reservations about the additional proposed condition regarding
sidewalk development, noappeals were filed.
Council questions followed regarding required parking, zoninQ, and easements. In that regard, K8na.
Richardson recommended: amending Condition No. 10: "Prior to Building Permit issuance for the
duplexes permanent easements shall be provided for ingress and egress to the existing single family
residence easterly of the project site and to the multi -family and duplex units."; adding Condition # 18:
"The applicant shall provide a City water connection, at no charge, to the Testerman property easterly of
the project site." With those changes, Mrs. Richardson moved, seconded by Mr. Hoboy. bnapprove the
Patterson Conditional Use application for the development of two duplexes subject to 18 conditions, and
toadopt the Findings ofFact and Conclusions ofLaw amamended. Vote Ayea—Turner. Richardson,
Geer, Hoboy.pethah.Pickett, and Adams. Motion carried.
Tree Preservation Ordinance
Mr. Ian YNunoe, Planning Director, presented an Ordinance to Council for review and adoption. This
Ordinance represents interim zoning and subdivision controls for tree preservation. Mr. K8unma recapped
the intensive City and public participation in the development of new code language to protect trees. As
the public hearings and committee meetings prognaaeed. Counoi|nnemnbans noted that the City's existing
Lend Clearing and Landscaping Ordinances will contribute to and be affected by the new tree
preservation controls. Mr. K8unce highlighted key features of the new code language: tougher land
clearing requirements; controls will be triggered by subdivision activity; half ofnew plantings shall be
trees. The use of all components (landscaping, land deahng, and tree preservation) and the overall
application process will bereviewed and evaluated. Staff recommends moving forward with adopting the
immediate protections provided by this interim Ordinance. Mr. Turner recommended to the community
tomake use ofanarborist during the planning phase ofland development. APublic Hearing will beheld
in GOdays toconsider a progress report onthe new code language. Mr. Adams clarified that private
property owners can take action to protect their property from hazardous trees. With that. Mrs.
Richardson nnovod, seconded by Mrs. Pickett, to adopt Ordinance No. 2741 entitled "An Ordinance
Adopting Interim Zoning and Subdivision Controls for Tree Pneservation." Vote: Ayes — Richardson,
Geer, Hoboy, Psdhoh, Pickett. Adams, and Turner. Motion carried. Mrs. Pinkett thanked all the
volunteers who worked over the last two years toward the preservation of trees.
publicBamrina: Wetland Ordinance Amendment
Mayor K8oxvveU initiated the Public Hearing to consider staff proposed changes to City Critical Area
Ordinance provisions regarding VVet|and Exemptions and Wetland Buffers. Mr. Ian K8unca. P|onn�.nQ
Director, explained that this contested issue will be brought before the Growth Hearings Board; the
Council has received all public comment submitted thus far. Mr. K8unoeexp\ained that beginning with the
adoption of the wetland Ordinance in 1990, the Qty ofAnacortea has consistently protected wetlands,
Under the current statute revievv, two key issues have emerged: what size wetland could be exempted
from the Drdinonoe, and what is the appropriate buffer width. The Department of Ecology naoomonnenda
using Best Management Practices guidelines in defining a wetland's quality of habitat. That assessment
would then determine the buffer width; yNc Knunoe used an overhead chart to i||umtrobs the proposed
buffer characteristics and width ranges. Property owners ofwetlands ofless than 4.O0Osquare feet are
entitled to fill with mitigation. Mr. K8unce said that the Ordinance before Council balances both
environmental preservation and development community interests.
Ms. Margaret Studer, 1114 20th Street, on behalf of Evergreen Islands, stated that wetlands are a vital key
hxhealthy habitat nomatter what their size. She then spoke against exempting the small wetlands. She
spoke for wildlife corridor protections and to keep stornnvvater nutfa||a out of wetland buffer areas. Mr.
Ross {}. Barnes, 1OO47 t»Street.onbeho|fofhimoe|fandEvergreen|s|ands.pnaaanteda|etternagarding
minimum wetland exemptions. He said that the proposed Ordinance omits wildlife corridor protections;
column 3 should be added back to Table 1 -a; categories of sensitive wetlands should be added back into
the Ordinance; and that buffer averaging be removed from the proposal. Mr. Gene Derig, 1302 K
Avenue, spoke against the City's proposal. Ms. Ellen Gray, Futurevvise.submitted aletter toCouncil; she
then offered that the staffs proposal under protects important wetlands and overprotects unimportant
wetlands. The Ordinance should incorporate wetiand protections based on variety of land use intensities
2030
JULY 17, 2006 - CONTINUED
and incorporate protections based on that intensity. Exempted wetlands should require mitigation for the
values that they hold. There were no further comments and the Mayor declared the Public Hearing
closed. Mr. Petrish asked for a map showing available information regarding wetlands and buffers. Mrs.
Richardson asked to consider a more gradual difference between points and associated buffer widths.
This matter will be brought back to Council for further study.
Proposed Ordinance for Communitv Advertising on Solid Waste Trucks
Mr. Bob Hyde, Director of Public Works, presented an Ordinance to Council for review and adoption. If
adopted the Ordinance would provide a process whereby non-profit organizations could advertise on the
sides of solid waste trucks. Charge for advertising would be $50.00/month/side. The organization would
provide the sign; the same sign review process/criteria for the Commercial Banner would be used. After
discussion, Mr. Geer moved, seconded by Mr. Hoboy to adopt Ordinance No. 2740 entitled "An
Ordinance Establishing a Solid Waste Truck Public Service Advertising Program." Votes: Ayes — Geer,
Hoboy, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
There being no further business, at approximately 9:20 p.m. Mayor Maxwell continued the meeting to
Monday, July 24, 2006 for the purpose of considering the Lehman Appeal.
Wanda P. Phillips, -pity Clerk -Treasurer H. Dean Maxwel , Mayor
64
JULY 24, 2006 - CONTINUED FROM JULY 17, 2006
The Mayor called the continued meeting of July 17, 2006 to order at 7:30 p.m. Roll call found
present: Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, and Cynthia Richardson. Absent:
Loren Hoboy and Brian Geer Roll call was followed by the Pledge of Allegiance.
Contract Award HDR for Phase II — Transportation Comprehensive Plan
Mr. Bob Hyde, City Public Works Director, introduced a proposed contract award to HDR for
Phase II of the Transportation Comprehensive Plan update. Mr. Hyde explained the details of
the scope of work presented and explained that $45,000 of the total negotiated price of
$139,972 would be reimbursed from the Washington State Department of Transportation.
Finally, Mr. Hyde explained the detailed public participation process that had gone into this
scope of work. After discussion, Mr. Turner moved that the contract be awarded to HDR as
presented. The motion was seconded by Mr. Adams and passed unanimously.
Construction Contract Award Rinker Materials — Skvline Division Six Overlays,
Mr. Hyde, City Public Works Director, then presented the bids that have been received for the
Skyline Division Six Street Overlays. One bid was from Rinker Materials of Everett in the
amount of $403,622.50. The other bid was from Lakeside Industries in the amount of
$501,851.50. After discussion, Mr. Adams moved that the contract be awarded to the low
bidder, Rinker Materials of Everett. The motion was seconded by Ms. Pickett and passed
unanimously.
This continued meeting of July 17, 2006 was adjourned at 7:45 p.m.
(Al iViol P -- ., � L A4,
Wanda P. Phillips, CitV Clerk -Treasurer H. Dean Maxwell, Mayor
Coun ilmember
August 7, 2006
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, August 7, 2006 to order.
Roll call found present Loren Hnboy, Nick Pethsh, Erica Pickett, Brad Adams, Bill Turner, Cynthia
Richardson, and Brian Geer. Roll call was followed bythe Pledge ofAllegiance.
Minutes of Previous 8#eetinq
Mr. Petrish moved, seconded by Mr. Geer to approve the minutes of July 17, 2006 and July 24, 2006 as if
read. Vote: Ayes —Pethah'Pickett, Adams, Turner, Richardson, Geer, and Hoboy. Mr. Hoboyabstained
m
from voting onthe minutes ofJuly 24 . Motion carried.
CitizemHemri=cis
Nocitizens present wished totestify nnmatters not nnthe agenda.
Communication,
`'� - -
Cities for Climate Protection
Mayor Maxwell introduced Ms. Coley Gibaon, Program Assistant for the Cities for Climate Protection
Campaign (CCP). Through this program, KAe. Gibson provided o baseline emissions analysis for the City
and community. Ms. Gibson explained that |CLB —Looa| Governments for Sustainability, is avvoddvvide
movement dedicated to achieving innpnovonnonte in global environmental conditions through cumulative
local action. The CCP Campaign, the largest /CkB program, has been made possible through a
partnership with the Northwest Clean Air Agency in Mt. Vernon. yWa. Gibann'a presentation to the K4oynr
and Council included the following information: overview of the science regarding greenhouse gas
amiaaiona� regional impacts of climate change including reduced snow pack in the Washington
Caacoden, increased risk offorest fires and pest invoaionn, coastal arosion, and elevated levels of air
pollution and smog. Ms. Gibson reported that the base year emissions inventory is oonnp/ete, and an
emissions reduction target and timeframe has been recommended together with a local action plan. The
recommended emissions reduction target is 15% below 2000 levels by 2020.
Ms. Gibson also inventoried the measures already underway otthe City horeduce emissions including the
new boiler atCity Hall, energy efficient |ighUng, hybhd vehio|es, and a residential recycling program.
Recommendations were submitted for future action and methods for achieving these measures.
Suggested actions included development ofa trip reduction program with incentives for people to drive
less; lighting retrofits; promotion of green building practices; expansion of the recycling program to include
the commercial sector. The City was encouraged to adopt a reduction target; to further develop an action
plan; to utilize a PSE resource conservation manager program; to form a community committee to support
the conservation manager; and to incorporate these policies and regulations into the City's
Transportation, Comprehensive, and Capital Facilities Plans. K8a. Gibson concluded by thanking the
K8mymr and Council for the opportunity to work with the City ofAnaoortea on this exciting program. [We.
Gibson also thanked Mr. Russ Pittis, Facilities K4onager, for his support during her internship. The Mayor
and Council expressed appreciation for Ms. Gibaon's well thought out presentation and for her
professionalism and enthusiasm ingathering this significant data.
Reaopointnnent Museum Board — Lewis Jones
The K8uaeunn staff has recommended the reappointment ofMr. Lewis Jones to the Museum Advisory
Board. The Mayor asked for Council confirmation of that appointment. Mrs. Richardson so nnoved,
seconded by Mr. Hoboy. Vote: Ayem— Piokatt, Adams, Turner, Richardsnn, Geer. Hoboy. and Petriah.
Motion carried.
K8c Geer just returned from participating in the 1nm anniversary of the Sister City relationship between
Kjnakate. Japan and Amncortea. K8c Geer presented the Mayor with n gift from K8ayorYokoyamo. The
Mayor thanked Mr. Geer for his representation atthis significant event.
Mrs. Richardson remarked on the successful Ahs Festival and congratulated the event organizers and
clean-up crew. K8ernbena of the Wrestling Club he/pad with clean-up and behind the scenes support
throughout the festival. Pn|ioa Chief King said there was just one minor incident reported during the
entire weekend.
Ordinance: |normmsinqWetland Protections
Mc|onK8unoo.PkanningOinacto[praeantedanOndinanoehoCounoi|fnrreviexwnndadopdon, If
adopted, the City's wetland protection levels would be increased. With regard to protection levels, the
Department of Ecology said that if performance measures were added to the Ordinance the City could
require slightly smaller buffers. Other features include significant habitat function ranking, and the
reduction ofthe regulatory exemption to1,0OOsquare feet. Mr. KAunoeadded that the changes reflected
inthe Ordinance meet DOE requirements. Mr. K8unoealso pointed out that these new vvet|and
protections will be reviewed during the City's annual Comp Plan and Development Regulation
amendment/review process. With that, K8c Psthsh rnoved, seconded by K8c Adams, tnadopt Ordinance
No. 2743 entitled "An Ordinance Amending Critical Areas Ordinance No. 2702 Passed and Approved
April 18,2O05with Respect toWetland Exemption and Wetland Buffers"Vote: Ayae—Adanno.Tunnar.
Richardson, Geer, Hoboy, Pethsh.and Pickett. Motion carried.
1
AUGUST 7, 2006 - CONTINUED
............... ... I .................. _....... ........ ........................... ............... .................... ............... _.................................... ...................... ................................. ...............................
............
Consent Aqenda
Mr. Geer moved, seconded by Mr. Petrish, to approve the following Consent Agenda item. Vote: Ayes —
Turner, Richardson, Geer, Hoboy, Petrish, Pickett, and Adams. Motion carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on July 19, 2006, July 26, 2006, and August 2, 2006 are approved for payment as of this date
August 7, 2006.
Claims Warrants
July, 2006: Warrant Numbers 37346 through 37633 in the total amount of $661,781.53
EFT
Aug, 2006: EFT Numbers 37341 through 37345 in the total amount of $1,125.00
Prewritten Warrants:
July/Aug, 2006: Warrant Number 37339, 37340 in the total amount of $367.00
Pavroll # 1 for Julv 14. 2006 in the total amount of $467.720.62
Warrant Numbers 29422 through 29497 in the total amount of $71,117.14
Direct Deposit Numbers 19058 through 19208 in the total amount of $245,284.25
EFT Numbers 574 through 581 in the total amount of $151,319.23
Pavroll # 2 for August 1, 2006 in the total amount of $644.283.39
Warrant Numbers 29498 through 29583 in the total amount of $242,429.48
Direct Deposit Numbers 19209 through 19311 in the total amount of $247,605.47
EFT Numbers 582 through 587 in the total amount of $154,248.44
Cancelled Warrants
Warrant Number 36409 in the amount of $1,489.13
Warrant Number 34790 in the amount of $51.00
.__..............................................................................................__...
........................................................................._................. ...................
:
Ordinance Adoptinq 2007 CFP (Public Hearing)
Mayor Maxwell opened the Public Hearing to take comments on the City's 2007 Capital Facilities Plan
(CFP). Written comments on the CFP are welcome; a Public Hearing will be held at a later date for the
adoption of the 2007 Budget and CFP. Copies of the Plan are available at the information desk at City
Hall. There were no comments from the audience and the Mayor declared the Public Hearing closed.
Mr. Hoboy asked if the Pennsylvania Avenue improvement design plan schedule could be moved up.
The Mayor explained that with extensive permitting and environmental work still to be done construction
won't be scheduled until 2008. Mr. Jeff Miller, Assistant City Engineer, reported that a design contract for
the Pennsylvania Avenue improvements will be brought to Council for approval; however, wetland
mitigation work and right-of-way issues will put the project outside the 2007 schedule. After discussion,
Mr. Petrish moved, seconded by Mr. Geer, to adopt Ordinance No. 2742 entitled "An Ordinance
Adopting the Capital Facilities Plan (CFP) for the 6 -Year Period 2007-2012." Vote: Ayes — Richardson,
Geer, Hoboy, Petrish, Pickett, Adams, and Turner. Motion carried.
San Juan Passage Planned Unit Development (Gilbane): Preliminary Plat Phase
Mr. Turner stepped down from deliberation on this matter. Mayor Maxwell initiated Council review of the
Preliminary Plat of the 100 residential lot San Juan Passage Planned Unit Development. Mr. Ian Munce,
Planning Director, explained that earlier this year the Council approved the concept for the San Juan
Passage PUD; the transfer of wetlands to the City, funding for the Ship Harbor Interpretive Preserve, and
access issues have been addressed through conditions. The applicant has submitted detailed drawings
and has been working with City staff to make sure the conditions were addressed in the revised
submission; staff recommends approval. The Planning Commission held a Public Hearing and all
comments and exhibits were forwarded to the Council. Mr. Munce pointed out that the intersection at
Edwards Way and Oakes and signalization issue was to have been addressed at the Preliminary Plat
stage; that has not been done. Staff recommends that the implementation of the intersection
improvements be deferred to the Final Plat stage. One appeal was filed by Mr. Jon Briggs.
Mr. Jon Briggs, 2808 Morrison Court, appealed the Planning Commission recommendation because the
preliminary plat submittal does not incorporate all of the approved conditions nor does it provide the
required information for preliminary plat submittals. He suggested that more detailed information should
be provided verifying that the trail can be constructed as shown; without that verification the sidewalk
exception should not be granted. Mr. Briggs then turned to Condition # 10 regarding improvements to the
intersection of Edwards and Oakes Avenue; he pointed out that there was no detailed intersection design
or any evidence that the intersection will meet level of service "C". Also, two lots have 20 feet of frontage
rather than the 30' minimum required in Condition # 29. Condition # 31 (c) states that existing mature
trees shall be saved where feasible. The Plat does not include the tree clearing plan indicating the site
vegetation to be removed as required by Code. Mr. Russell Lindquist, Gilbane Development, stated that
the applicant will comply with all the conditions of the PUD approval. The trail referred to by Mr. Briggs is
currently used by the public and can be navigated. Again, the applicant will comply with City and
Department of Transportation requirements for the intersection improvements. Trees will be saved where
feasible and when they will not create a hazard; the applicant will continue to work with the State of
2039
AUGUST 7, 2006 - CONTINUED
Washington on a clearing plan. Mr. Lindquist concluded that the Preliminary Plat is in compliance with
the project conditions.
Mrs. Richardson emphasized the need for a connecting trail to Portalis; Mr. Lindquist will work with the
Portalis subdivision for the development of a common connection. Discussion followed regarding the
pedestrian trail characteristics and the channelization plan. On a question from Mr. Hoboy, Mr. Fred
Buckenmeyer said that the large parcel stormwater plan addresses staff issues. Staff recommends that
the conditions clarify that final plat approval will not be issued without complete compliance with all
development requirements. After discussion, Mr. Geer moved, seconded by Mrs. Richardson to deny the
appeal and to approve the San Juan Passage PUD Preliminary Plat with the following amendment to
Condition # 10: "...The selection and the details of the intersection design shall be determined as an
integral part of Final Plat approval; the intersection shall be level of service C." Vote: Ayes — Geer,
Hoboy, Petrish, Pickett, Adams, Richardson. Motion carried. Mr. Turner returned to the Council
Chambers.
Resolution: International Ferry Tourism Marketinq,
Mr. Ian Munce, Planning Director, presented a Resolution to the Council for review and adoption. If
adopted, the Resolution identifies expenses properly incurred by the Chamber of Commerce under its
contract with the City for the allocation of tourism promotion funds for International Ferry Marketing for
2005. In that regard, the Resolution directs that the 2005 marketing contract be extended through
December 31, 2006. After discussion, Mr. Adams moved, seconded by Mrs. Richardson, to adopt
Resolution No. 1726 entitled "A Resolution to Authorize Extending the Term of the International Ferry
Marketing Contract with the Anacortes Chamber of Commerce." Vote: Ayes — Hoboy, Petrish, Pickett,
Adams, Turner, Richardson, and Geer. Motion carried.
Amendment to Consultinq Contract for Water Transmission Line Proiect — Segments 5 and 6
Mr. Gordon Bruchner, Special Projects Engineer, presented the new design parameters and related work
necessary to cover approximately 3,300 feet of the 16,600 foot length of the Segments 5 and 6 of the 36 -
inch water transmission pipeline. Difficulties in easement acquisition and potential construction concerns
regarding proximity to existing buildings have prompted modifications to the pipeline alignment route.
The total increased cost to the City is $41,321.00. After discussion, Mr. Turner moved, seconded by Mrs.
Pickett, to approve Change Order # 4 to the Segments 5 and 6 Design Contract (MWH Americas, Inc.).
Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and Hoboy. Motion carried.
Sunset Avenue Construction Contract Award
Mr. Jeff Miller, Assistant City Attorney, presented a request to Council to approve the Construction
Contract with Colacurcio Brothers for the Sunset Avenue Improvement Projects. Four bids were
received; approval of the contract award will require a Budget amendment. The project will improve
pedestrian safety, roadway connectivity, and enhance the area; additionally, two water quality structures
to treat the storm water prior to being discharged into Burrows Bay will be provided. With that, Mrs.
Richardson moved, seconded by Mrs. Pickett, to authorize the Mayor to enter into an agreement with
Colacuricio Brothers for the Sunset Avenue Improvement Projects in the amount of $2,049,783.00. Vote:
Ayes — Pickett, Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried.
Service Agreements) with Skaqit Countv
Mayor Maxwell read a July 31, 2006 letter from the Skagit County Board of Commissioners seeking
funding support from Cities in Skagit County; the funding will be necessary as the County proposes to cut
certain regional programs as part of the County's 2007 Budget process. The letter offered that cities
within the County derive benefits from these programs thereby justifying the request for additional city
support. The Commissioners hoped to discuss this matter at the next SCOG meeting and to investigate
means to share revenues including redistributing sales tax revenue from the current percentages. Mayor
Maxwell then reviewed a letter responding to these issues. The letter states that the City has always
been open to discussing ways to improve services to our residents and businesses. The letter drew
attention to the following City services: libraries, EMS, water, and solid waste; it also emphasized that
RCW 36.115 envisions a process in which both City and County issues are addressed. Ultimately the
necessary work could be completed in time for the City's 2008 budgets. In the interest of good faith
discussions it is essential that programs important to cities not be cut in the County's 2007 budget and
that no general tax increase over 1 % is imposed on City residents and business.
There being no further business, at approximately 9:20 p.m. Mayor Maxwell adjourned the meeting of
August 7, 2006.
Wanda P. Phillip, City Clerk-reasurer H. Dean axwell, Mayor
Council member
City Council Minutes — August 21, 2006
4d7:3Oprn.WlaynrK8axvveUoak*dthenagu|adyeuheduledmeatngnfK8onday.Au0ust21.20O8tnorder
Roll md| found present Loren Hoboy, Nick Pethsh, Erica Pickett, Brad Adenns, Bill Turner, Cynthia
Richardson, and Brian Geer. Roll call was followed bythe Pledge ofAllegiance.
Minutes ofPrevious Meeting
Mr. Pethsh rnoved, seconded by Mr. Adams to approve the minutes ofAugust 7. 2006 as if read. Vote:
Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and Hoboy. Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
Communicatiow
Pnodonnation-Unit*dVVovCamPaiqn\nSkoqitCnuntV
Mayor Maxwell shared a document proclaiming September, October, and November 2006 as United Way
Campaign Months inthe City ofAoacortaa. The Proclamation reads, inpart, "The Mayor and City Council
encourage everyone in the community to step forward with vigor and generosity to help our fellow man by
volunteering and contributing financially tmthe United VVay.^
Comprehensive Plan, 200@(Next Stems)
K8c Ian K8unce Planning Director, reported that the City kscurrently engaged in o comprehensive update
of the City's GKAA-compliant 1903 Comprehensive Plan. In addition to this overall 10-ymar review, K8c
K8unoaoxp|ained that the City Council considers changes/revisions tothe Comp Plan and Development
Regulations every year, and that key elements of the Plan are amended every five or six years. This year
alone the Qh/ has been reviewing the transportation, parks and nenneotion, and stonnvvabere\ennents. An
part of the 10 -year review cycle, citizen workshops were held, and the Planning Commission and Council
held public hearings generating significant public comment. The Council's open roundtable meetings also
helped organize the proposed changes included in the Draft Plan now before Council. Staff recommends
that this document be forwarded to the State for the mandatory 60 -day comment period and agency
review. Mr. W1unoe explained that the Council can also review changes during this 60-doy comment
period if the revisions are within the scope of the original notice. As an example, the Council could
consider the question orwhether or not the City should establish a process to allow retail stores greater
than 50.000 square feet. If the Council chooses to move this concept forward a Hearing should be
scheduled in September or October for public comment. The goal is for Plan adoption by the end of
2006. Mayor and Council thanked the considerable citizen input and support of this review process. With
that. Mr. Turner moved, seconded by Mr. Petrioh. toforward the Draft Comprehensive Plan update to
State agencies for the 80-doy review/comment period, and to hold a Public Hearing to review the retail
floor space issue as part of the Comprehensive Plan process. Vote: Ayes — Pickett, Adnnno' Turner,
Richardson, Geer, Hoboy.and Petrioh. Motion carried.
&nmoortas Chamber ofCommerce Tourism Presentation —2O06 Contract Amendment,
W1c Ian K8unma. City Attorney, recapped recent action token by the Council to extend the Chamber of
Commerce 2005 Contract to allow for appropriate reimbursements not billed. Mc K4unmythen introduced
Mr. Mitch Everton, the new Chamber Director, with a follow-up request for authorization to spend $14,000
on expenditures in 2006 (the money was earmarked for use in 2005). N1c Everton explained that the
funds will be used for essential newspaper, ha|evis|on, and interned advertising all in support of the
International Ferry Run. After discussion, Mrs. Richardson nnoved, seconded by Mr. Geer, to authorize
the Anacortas Chamber ofCommerce Contract and budget amendment for the use of 2005 budgeted
monies ($14.00O)inthe year 2OO6. Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy.Pathsh.and
Pickett. Motion carried.
Special Events (Omdinamum)
yWc Ian K8unue. City /N±onnay, presented an Ordinance to Council for review and adoption. The
Ordinance was reviewed in detail at an earlier Study Session; if adopted the Ordinance would adopt
permit procedures for use of public streets and public perks. After discussion, Mr. Adnnna, moved,
seconded by Mr. Hoboy' to adopt Ordinance No. 3744 entitled ''An Ordinance Adopting Permit
Requirements for Special Events to be Held in the [)hy ofAnaoortes. Creating Tide 7 of the Anaoortea
Municipal Coda." Vote: Ayes—Turner, Riobondeon, Geor, HVboy, Petriah. Pickett, and Adams. Motion
carried.
Public Records Act (Ordinance)
k8c Ian Munoe. City &ttomney, reported to Council that the State of Washington recently updated the
Public Records Act; inthat regard, the Attorney General's Office provided K8nde| Rules and guidelines for
the City to consider when drafting its own rules, The City followed these guidelines while tailoring some
procedures to local processes and issues. The City has incorporated the default charge per page of
copying; the Ordinance language also highlights the responsibilities of both the citizen requesting
2041
AUGUST 21, 2006 - CONTINUED
information and the City staff member responding. Mr. Munce added that the Ordinance can be modified
as the City studies the application of the Ordinance and as the State authorizes further amendments to
the Act. With that, Mr. Hoboy moved, seconded by Mr. Turner, to adopt Ordinance No. 2745 entitled "An
Ordinance Adopting Public Records Act Rules for the City of Anacortes." Vote: Ayes — Richardson,
Geer, Hoboy, Petrish, Pickett, Adams, and Turner. Motion carried.
......................
! Consent Aqenda
Mr. Geer moved, seconded by Mr. Hoboy, to approve the following Consent Agenda items. Vote: Ayes —
Geer, Hoboy, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
Approval of Vouchers/Cancellation of Warrants.
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on August 10, 2006 and August 17, 2006 are approved for payment as of this date August 21,
j 2006.
Claims Warrants
Aug, 2006: Warrant Numbers 37640 through 37826 in the total amount of $472,473.87
EFT
Aug, 2006: EFT Numbers 37635 through 37639 in the total amount of $923.00
Prewritten Warrants:
Aug, 2006: Warrant Number 37634 in the total amount of $20,578.66
Pavroll # 1 for Auqust 17, 2006 in the total amount of $470,960.06
Warrant Numbers 39584 through 29654 in the total amount of $66,403.89
Direct Deposit Numbers 19058 through 19208 in the total amount of $245,284.25
I EFT Numbers 574 through 581 in the total amount of $151,319.23
Pavroll # 2 for Auqust 1, 2006 in the total amount of $644,283.39,
Warrant Numbers 29498 through 29583 in the total amount of $242,429.48
Direct Deposit Numbers 19378 through 19533 in the total amount of $251,046.27
EFT Numbers 588 through 593 in the total amount of $153,509.90
Cancelled Warrants
Warrant Number 37554 in the total amount of $47.37
In the same motion Council:
Accepted the 2006 Sewer Replacement Contract with Callen Construction Co., Inc. (06 -011 -SEW -001) as
complete.
Woods at Sunset Cove Planned Unit Development (Preliminary Plat Phase)
Mayor Maxwell initiated the Council review of the Planning Commission recommendation regarding the
Preliminary Plat of the 25 -lot Woods at Sunset Cove PUD. Mr. Don Measamer, Assistant Planning
Director, explained that the City Council previously approved the Woods Preliminary Development Plan
with conditions. A subsequent Public Hearing was held before the Planning Commission to determine if
the Preliminary Plat submittal met those conditions. A key feature of this project, explained Mr.
Measamer, is the 7.5 acres the applicant proposes to dedicate to the City at Final Plat stage. Concerns
regarding wetland recharge and storm drainage were addressed at the Hearing. In response, the
Planning Commission recommended Condition # 38, "The monitoring plan shall include a contingency
plan for control of water elevations in the wetlands." Staff will continue to work with the applicant on this
matter. AdditionallYt concerns were raised regarding public notice and sufficient comment period. The
meeting of July 26 was continued to August 9 to accommodate the required comment period and a
revised notice was published, posted, and mailed to property owners within 300'. The total public
comment was 21 days. Mr. Scott Thomas, Attorney, advised staff that this provided adequate time for
notice. No appeals of the Planning Commission recommendation were filed. After discussion, Mrs.
Richardson moved, seconded by Mr. Geer, to approve the Preliminary Plat for the Woods at Sunset Cove
PUD together with the addition of Condition # 38. Vote: Ayes — Hoboy, Petrish, Pickett, Adams, Turner,
Richardson, and Geer. Motion carried.
There being no further business, at approximately 8:30 p.m. Mayor Maxwell adjourned the meeting of
August 21, 2006.
0 n w.b 61,1�Pau�Qr�%,X44
Wanda P. Phillips, City Clerk -Treasurer H. Dean Maxwell, Mayor
�-� 7 �'��
Councilmember
d
2042
September 5, 2006
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Tuesday, September 5, 2006 to
order. Roll call found present Loren Hoboy, Nick Petrish, Brad Adams, Bill Turner, Cynthia Richardson,
and Brian Geer. Absent: Erica Pickett. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinq
Mrs. Richardson suggested that on page one, "Anacortes Chamber" should be changed to read "The
Anacortes Chamber of Commerce." With that correction, Mr. Petrish moved, seconded by Mr. Turner to
approve the minutes of August 21, 2006 as if read. Vote: Ayes — Petrish, Adams, Turner, Richardson,
Geer, and Hoboy. Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication
Mayor Maxwell reported that the City's annual audit process has been successfully completed and
received an unqualified audit. The Mayor thanked Mrs. Pickett for her support and participation in this
significant review of the City's financial statements.
Mavor's Budaet Message
Honorable City Council Members
The budget for the City of Anacortes as proposed for the year 2007 is submitted for your review,
comment and action.
The proposed 2007 budget for the City of Anacortes is $49,259,628 and reflects a balanced budget with
substantial capital investment. In 2007 the capital budget increases to $16,857,221. This increase is
driven by several major utility infrastructure projects such as the replacement of the last sections of our
24" main transmission waterline segment from Bradshaw Road to the water treatment plant, sections 5 &
6, for $10,546,400. The proposed 2007 budget again utilizes real estate excise tax, impact fees, and
general facility charges to fund and build new parks, improve streets and intersections, continue our
substantial street overlay program, pour sidewalks, improve existing parks, and continues to fund our
strong investment in our utility infrastructure.
Our operational budget for 2006 increases in 2007 to $32,402,407 and includes new positions for a 12 -
hour per day 7 -day per week ambulance service and fire response from March Point beginning in July of
2007. By staging and deploying ambulance response from March point we are able to better serve
Shelter Bay, the fifth most concentrated residential area in Skagit County, we will also be able to provide
a quicker response to the residents of South Fidalgo Island. These residents rely on Anacortes and our
paramedics for their Advanced Life Support ambulance service as we serve this region. This additional
service is dependent upon the Emergency Medical Service Levy passing this November.
In 2007, the Public Employees Retirement System has increased contribution rates from both the
employer and employee to rectify under funded pension programs. This state mandate has an impact on
the operating budgets of all the departments.
In 2006 we reduced a position in the Finance Department by consolidating a position after a retirement.
We are currently down a Directors position in our Public Works Department. Fred Buckenmeyer has
assumed a Deputy Director role and Jeff Miller has assumed an Assistant Deputy role until we decide
how we will ultimately structure PW administration.
I would once again like to thank the department heads and departments who have worked closely with
Finance and my office to prepare a prudent yet progressive, balanced budget that provides high levels of
service to our community within the parameters of Initiative 747 and a 1% property tax increase. We
continue to focus on ensuring that our budgets remain balanced and we continue our practice of retaining
healthy fund balances for future years. Anacortes remains the lowest taxing city in Skagit County.
Property tax revenues largely fund operations of the City's general government departments; Police, Fire,
Museum, Parks, and Library. We will continue to review user fees during 2007, but no increases are
proposed in this budget except for improved paramedic service. In addition, there are no general rate
increases proposed for our utilities in 2007. At this time I would like to point out some highlights related to
this year 2007 -projected budget.
(Public Works
The City of Anacortes has experienced substantial growth in the past decade. That growth has led to an
increase in the amount of monies received from both development impact fees and real estate excise tax.
The 2007 budget takes advantage of these increases and will allow us to undertake some much-needed
projects. The Growth Management Act set aside specific fees and taxes to enhance those communities
absorbing the impacts of growth. The City has received substantial revenues in Impact Fees for Streets
and Parks and Real Estate Excise Tax on the sale of homes within our city limits. The 2007 budget takes
SEPTEMBER 5, 2006—CONTINUED
advantage of these moneys, and uses them on projects that will greatly enhance our city streets,
infrastructure, and parks.
The Kansas and Oakes connector
Th /venue, allowingn�ore direct access tothe VVeat2�.
West
Pennsylvania Avenue improvements
This project will irnprove the existing temporary gravel road to full city standards. This will result in much
more convenient and safer travel from the Gkv|ine/Kingaxvay area to Anaoopperond Oakes Avenue.
Design in2OO7Projected Cost $7D.ODO
17 mstmset improvements
This project will improve 17 m street from D Avenue, west to full city standards. Construction 2007
Projected Cost $3DD'UOD
Thompson Road traffic signal
This project will install a tnyfho signal on Hwy 20 at Thompson Rd. Washington Stade Department of
Transportation iaour partner inthis project. Cnnstmuotion2OO7P jeotedCoat$21O,O0U
Guanmes Channel water front trail
This project will build on the success of the Tommy Thompson Trail with an extension from the
Washington Park / State Ferry terminal area easterly into the Downtown area. This first phase will 000ur
in the Ship Harbor Area in partnership with Washington State Ferries, SHIP and Gi|bone in 2007. In
addition we will be seeking grant funding for other sections of the trail. Initial design 2007 P auted Coat
$375,000
'
Sidewalk program and Street Overlay program
We are looking forward to another successful year with both programs being fully funded. P aoied Cost
$543'5OO '
The City continues its commitment to the Community Business District with $227,000 in the budget for a
S`' block ofinfrastructure and sidewalks.
Water Treatment, Transmission and Distribution:
24"Waterline Replacement Projects Segments &G.
This project anticipates replacement of the final section of 1920'm vintage water transmission main with
construction starting in20O7. The budget anticipates orevenue bond bosupport this project.
Pn�entedCost $i0,54G,4OO.
Sedimentation basin and filter addition
The 2007 budget includes the design, aaeements, and permitting for the new sedimentation process that
will reduce turbidity loading on the existing filters.
Projected Cost $650,000
Deception Pass 10" waterline
The 2007 budget will finish construction on the DeceptionPass 10" waterline replacement for $500,000
Wastewater Treatment. Collection, and Connmvanoe:
Pump station #1fand #12replacement:
The 2OU7budget will provide $5OO.0UOfor replacement ofpump stations #11 and #12.This project will
replace anaging sanitary sewer pump station located on 5mstreet in the Cap Sante area and rebuild
another located atEast Park Drive, also onCap Sante.
Odorous Air Duct Reolacement
$500,000 is budgeted for design, replacement and construction of odorous air ducts at the WWTP.
Storm Drainacie:
NYhmoesmta Ave Storm Drain construction.
This project will improve the drainage system on Minnesota Avenue, downstream to the Oakes Avenue
area. The 2007 budget has funding for the Minnesota Ave Storm Drain construction for $180,000
Dakota Ave storm line.
This project will improve the drainage system on Dakota Avenue including the aging outfall to Guemeo
Channel
Projected Cost $75,000
Public Safety
Police: The Police Department anbans 2007 with all budgeted positions filled. Updating equipment and
training in areas of communications, patno|, and investigation continues. 2007 will see the second half
pnoQnannrned implementation of Mobile Data Computers in our patrol vehicles. Crime prevention and
associated community policing activities continue to have high priority.
Fire: The Fire Department continues hmmaintain ahigh level and qua|Uxservice. VVeare responsible
for ourconnnnun�v residents and serve the residents ofFida|go and (�ua' es Island with medical service,
SEPTEMBER 5,2006—CONTINUED
The department has been able to serve our region, funded in part, through the countywide EMS Levy and
ambulance billing system. The added value to our citizens is a high level of EMS service. but Fina
Protection services are also provided by crossed -trained dual role Firefighter/Paramedics.
Reflected in this years budget as touched upon for the Fire/Medic Department is an additional 12 hours
of fire suppression and EMS services delivered from the March Point area. VVeare continuing todiscuss
options with Fire Districts #11 and #13for possible options holocate our personnel atajoint facility. We
annexed the March Point area in 1999 and have been working steadily toestablish aevvor, po|ima, and
fire/emergency medical service as the revenue from that area has been generated. This additional
service will predominately be funded by ao|ee tax revenue from the March Point area we've set-aside for
Fire/EMSservioes. on appreciably higher negotiated EMS suboidy, and a modest increase in ambulance
billing rates.
Library
The Library has two significant capital purchases in 2007 that will be funded from the Library Construction
Fund. ACD/DVD self -checkout machine for $36,650, which will house and dispense 1.500 of the most
heavily borrowed C[] and DVD's in the library's collection. The yNanierh Foundation will match the City's
contribution 50/50. The Library will also be upgrading the integrated library system from the Dynix to
Sira\Dynix; and the forecasted coatis $58,251. The Library is a great source of pride for our community
and it is experiencing heavy use so these upgrades will greatly assist the Library in its operations.
Legal/Courts
The 2007 Court budget is relatively unchanged from 2DOG. Cost containment continues towork due to
sound contracts for services with Skagit County District Court. a City Prnsouutor, and a Qty Public
Defender. No significant increases in the budget despite continual annual case load increases.
Planning
No major new planning iniUadveaana refected inthe 2OO7 budget. The Comprehensive Plan, Shoreline
Master Plan and Development Regulations Update should be complete by the end of the year. The
Planning Department continues under heavy workloads with our building activity, in 2007 the focus will
beoneconomic development projects nangingfronnp|ymoodnniUoitec|eonuptoeconomniodave|opnnent
of the 6 acre parcel of property we hope to acquire from the Port of Anacortes. The 2007 planning budget
a�so sets aside $25,000 for Historic Preservation of established neighborhoods.
Human Resources
Eadvin2OO6U`eCKxreoe�edthede�a�nofsmarb�ercmthePo|�eCon�oot2UO4-2OOG.fo|�vvnghwo
years
of negotiations. The City is currently in contract negotiations with the Police Guild for our next
contract. The City istaking aproactive approechtoconta\noostsvvithaotivepnrbcipationonthendvisory
benefit committee of our Benefit Trust. The 2007 budged provides the option of partial medical benefits
for regular part-time employees for positions that are afull time equivalency of5096to7Q96. This benefit
is limited to employees only; hovvever, this provides an option for family members to join on to the City's
plan with nnCity contribution.
Museum
The yWusounn'o 2007 budget is very similar to the 2008 budget. This department continues to provide
stellar service while holding their budget growth at almost zero. TheVVa||ie Funk Exhibit will remain in the
Museum through 2007 and the Museum will continue to add displays at the Snagboat Heritage Center.
Parks
The growth in Anaoortes has provided additional Park Impact fees and the Real Estate Excise Tax that
are used in2OO7tofund several major Park projects. The 2OO7budget provides $175.008hoexpand and
improve our existing cemetery. $25.00Oiaincluded tobegin Depot Area improvements. The City hopes
to obtain grants and donations to do major improvements including an expanded plaza area, landscaping,
and wetland and rnodrone grove preservations. The SHIP Wetland Interpretive Trail is started in the
budget with $275.000. This project will build on interpretive/education tnyU through the Ship Harbor
wetlands and iafunded through park impact fees onnew construction.
The ACFL Conservation Easement Fund continues to be e huge suonaae. This community has n*a|}y
stepped up and supported this program to the tune of over $1,020,000 to date.
Administration/General
The City continues to maintain strong Restricted Reserves in all the funds. We maintain our policy of 5%
of budgeted
dexpenditures held inreserve for each fund. The City has continued toexperience increasing
medical costo and pension contributions. Departments have worked to absorb these costs in their
budget. The City continues to be a strong supporter of the Senior Services with $23.500 contributed to
Skagit County Senior Services and $100.000 budgeted toward our Fida|Qo Center for maintenance and
operation.
»��� � ��
~~ � , _
SEPTEMBER 5, 2006—CONTINUED
The 2007 budget is capital strong but fiscally prudent, reflecting these times. All major capital projects will
have been funded through the accumulation Impact Fees, Real Estate Excise Tax, and Utility General
Facilities Chargee. The street projects, pocks, and utility enhancements will continue toenhance our
community, its infrastructure and will ensure thetAnacodes nannaina n beautiful place to live today and
tomorrow.
Proclamation: The Mayor shared a document proclaiming September 15-17. 2006 as the City's
celebration ofthe /\nacortesJazz Festival. The Mayor and Council urged all citizens toattend one nfthe
best gatherings ofjazz talent inthe Pacific Northwest.
Passports: Mr. /on K8unoe. City /#tunney, reported that the City's Municipal Court staff will be able to
process passport applications and renewals naofSeptember 12.2OO&
Mrs. Richardson announced that the annual Antique Gam and Steam Engine Show will be held on
Saturday, September gth on Market Street behind the Depot; there will be a public event/Library fundraiser
onSunday, September 1»m The K8onienicollection will boshowcased atthis time.
Interim Tree Preservation Ordinance: PobUicHmarina
Mayor Maxwell opened the Public Hearing h7take comments on Ordinance No. 2741' the interim zoning
and subdivision controls for tree pnaaervation, and to consider Administration's progress report on
developing new code language. NYc Ian YWunms. Planning Director, provided an overview of the CounoJ,
shaft and connrnunhx process to develop this Ordinance. At this current stage, one option would be to
move the Ordinance into permanent regulation status; the Ordinance could aUU be amended through the
City's annual Development Regulation review process. The Mayor then opened up the meeting for
comments.
Ma. Ann Oursoh, 3618 Oakes Avenue, emphasized that Section 16.50.010 (E) clarifies the individual
homeowner's ability to choose and manage their own landscaping without the necessity of obtaining
permits. However. Section 16.50.050 Tnsa Preservation Plans — APD/imabi|ib/. stmhao that a tree
preservation plan shall be required as part of the application for subdivision of residential land. Also, an
exception is also provided for hazardous tree removal. K80. AnnnTorgenaan. 4910 Paisley P|aoa. o 3-
yearvolunteer with the tree preservation ordinance deva|opmant, clarified the committee's primary focus
of protecting eximting, healthy trees. With regard to the table on Page O. K8a. Torgensen recommended
that the Council give one half credit for any replacement tree. (Ms. Torgernen submitted her written
comments). Ms. GoUy Turner, 4401 Anano Beach Place, m tree conservation committee member,
emphasized that this proposed legislation protects large trees that provide multiple benefits to the
community. Ms. May Ho|oy, 1804 Lea P|aoa, spoke in support of the proposed Ordinance; she also
offered that committee rnennbara are available for community educational outreach. There were no
further comments and the Mayor declared the Public Hearing closed. The Ordinance will be brought
back toCouncil for any further revisions and/or permanent adoption.
Public Records Ordinance: Uoda%e
Mr. Ian [Nunma^ City Attorney, recapped recent action taken by the Council to adopt new public records
ordinance. Recent correspondence from Mr. Greg Overetreat, office of the Attorney General,
compliments the City for adopting the rnoda| rules and for being the first municipality in the State of
Washington to comply with the Public Records Act; however. the letter further discusses the Ordinance's
lack of compliance with the deliberative process exemption from disclosure. In that regard, Mr. K8unco
will be developing proposed language that will satisfy both statutory n*qu/rarnanto and City Council
concerns.
ConsmotAcieuda � --
K8cAdannamoved'aeonndadbvWYcGaer,hoapprovethefo|lovvngConsentAoende�enno. Vote: Ayes
—Adanns.Turne�Richardson, <�ea�Hobov'and Petheh. Motion carried.
-
Approval ofVouchers/Cancellation ofWarrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
|Auditing Officer (Finance Director) and subsequently reviewed and approved by Council Finance
Commi�aeonAuguot23.28OGandAuguet3O.2O0Ganeopprovedforpaymontasof ^ this date September
5,2006.
Claims Warrants
|Aug'2006: Warrant Numbers 37O34through 37087inthe total amount of$327.768.A0
�
EFT
Aug.2006: EFT Numbers 37828through 37833inthe total amount of$1.O8O.0O
| PrevvhttenVVarrants:
Sept, 2000: Warrant Number 37827 inthe total amount of$1.210.78
( PeYroU#1 for September 1.20OSinthe total amount of$G47.481�88
|
Warrant Numbers 2S855through 2Q735inthe total amount of$23558S.11
| '
| Direct Deposit Numbers 1S534through 1BG38inthe total amount cf $257,373.08
�
EFT Numbers 5S4through 5SSinthe total amount of$154,522.7S
Cancelled Warrants
Warrant Number 371G4inthe total amount of$24.21
2046
SEPTEMBER 5, 2006 — CONTINUED
In the same motion Council:
Adopted Resolution No. 1727 setting October 2, 2006 as the Public Hearing date on a Petition to Vacate
aportion of "V" Avenue.
........... ...... ...... ......................... ................................................................... .................. __._................................................................. ............. .......... ...................... ............. ......................... ................................................................................................................ ........................................................ .................................
Consideration of Bids for 36" Pipeline Reinforcement
Mayor Maxwell initiated the Council review of the 36" waterline backfill reinforcement bids. Mr. Fred
Buckenmeyer, Deputy Public Works Director, explained that the project is located at the intersection of
SR20 and 536; WSDOT will expand SR 20 into 4 lanes toward 1-5 beginning at this intersection. The new
roadway will cover a portion of the City's 36" waterline that is currently without a casing. The
reinforcement project includes keeping the pipe in place and encasing it with Controlled Density Fill
(CDF). Two bids for the work were received; the low bid was from Snelson-Company, Sedro Woolley.
Questions followed from Council regarding the maintenance, inspection, and life expectancy of the 36"
line, and appropriate fund/budget amendment. Mr. Gordon Bruchner, Project Engineer, described the
condition of the various sections of the pipeline. After discussion, Mr. Geer moved, seconded by Mr.
Hoboy, to award the 36" pipeline reinforcement project to Snelson Company, in the amount of
$211,270.68. Vote: Ayes — Turner, Richardson, Geer, Hoboy, Petrish, and Adams. Motion carried.
Noise Variance Request: Kiewit (Pier 2)
Mrs. Richardson disclosed a potential appearance of fairness issue; however, no one objected to her
participating in this matter. Mayor Maxwell opened the Public Hearing to take testimony on a Noise
Variance Request submitted by Kiewit Pacific. Mr. Ian Munce, Planning Director, explained that Kiewit
Pacific contracted with the Port of Anacortes for the use of Pier II to off-load the 6-24 ton armor stone
used for completing repairs for the Columbia River entrance south jetty. Kiewit has been loading on a 24-
hour/day basis; neighbors complained about the nighttime noise. The Port and Kiewit made some
modifications to their operations but the complaints have continued. In response to the concerns, Kiewit
proposes to eliminate loading between the hours of 11:00 p.m. and 6:00 a.m. However, in spite of this
measure Kiewit suggests that noise will be generated above permissible levels and is requesting a
variance from WAC, Section 173.60-0040, Maximum Permissible Environmental Noise Levels. A
neighbor, Mr. J.B. Smith, submitted an August 16, 2006 letter responding to the Variance outlining his
issues with the project, the variance, and the Port's oversight. The Port submitted an August 28, 2006
letter suggesting that, according to WAC 173-60-050, Port operations at Marine terminals, including Pier
2, are exempt from WAC standards. Mr. Munce said that the WAC, interpretations of this section, and a
review of administrative rulings will have to be conducted. The Mayor then opened the meeting for public
comment.
Mr. J.B. Smith, 414 3rd St., said he would like to have more time to respond to the Port's exemption issue.
Mr. Smith agreed the Kiewit modified their operations based on neighborhood concerns; he felt that any
variance granted should be temporary. He thought that Kiewit should have been better informed that they
would be operating adjacent to a residential neighborhood. Discussion followed regarding decibel
readings. Mr. Bob Hyde, Port Executive Director, Mr. David Collentine, Kiewit, and Mr. Hachey of the
Port were available for comments and questions. Mr. Hyde confirmed that Port operations are
conducted 24 hours/day. In response to the neighbors, Kiewit has also removed backup alarms and
lighting has been redirected. The Project Manager for Kiewit Pacific explained the barge loading
schedule with a 3 d week in October completion date. Other noise muffling options, and future Kiewit
contracts were discussed. The matter will be further researched and brought back to Council.
There being no further business, at approximately 9:00 p.m. Mayor Maxwell adjourned the meeting of
September 5, 2006.
I 10 j t h _Rokv) vl?'
Wanda P. Phillip, City Clerk-*reasurer H. Dean Maxwell, aayor
Co nu cilmem er
September 18,200G
At 7:30 p.m., Mayor Pro -Tern Nick Petrish called the regularly scheduled meeting of Monday, September
18, 2006 to order. Roll call found present Erica Pickett, Loren Hobny, Nick Pathmh, Brad Adams, Cynthia
Richardson, and Brian Geer. Absent: Mayor Maxwell and Bill Turner. Roll no|| was followed by the
Pledge ofAllegiance.
Minutes of Previous 01eetimq
Mrs. Richardson moved, seconded by Mr. Adams to approve the nninubaa ofSeptember 5. 2006 as if
read. Vote: Ayes — Pethsh. Adorne, Riohardson, Geer and Hoboy. K80. Pickett abstained. Motion
carried.
CitioemHearinqs
Bob Hvde, Executive Director of the Port ofAnaoo�es. announced that he had signed the closing
donum'nts on the Ship Harbor land transaction which deeds 26 onnas over to the City to incorporate it
into the park system. Mr. Hyde also expressed n special thank you to Ian K8uncafor his work on this
complex transaction.
:Maymr/Cmmmci;Commmumioatiom
^ -
Tulip Festival Presentation:
Kathy Larson, a former president and current representative of the Skagit Valley Tulip Festival, discussed
the upcoming trip toAustralia to attend the Tulip Festival World Summit. Ms. Larson and two others from
Skagit County will be part ofagroup ofrepresentatives from the United States attending the World
Summit, She explained the reasons for attending this festival in Australia are to promote agritnuriom
possibilities in Skagit County as well as to observe and prepare for the 2010 World Summit which will be
held here inSkagit County during the local tulip festival.
Proclamation: Constitution Week:
Mayor Pro -Tern Pethsh read the Constitution Week Proclamation designating September 17 through
September 23ooConstitution Week.
Unfinished Business
Oakes Avenue Vacation Compensation,:
Mr. K8unoe provided o brief explanation of the request to address right-of-way vacation compensation.
The vacation itself has already been approved. The property in question is City right-of-way that edone
time lined up with Oakes Avenue right-of-way. This is part ufan old plat that does not need to be built.
Mr. K8unoe pointed to the new road that will be extended together with a cui-de-oao, full city street
standards, curbs, Qutters, eidavvo|ks, and drainage improvements. It is not an exact square foot for
square foot issue, but Mr. Woolworth will release any claim to the shoreline strip where the City wants to
put the Gunnnea Island trail, plus an additional 20 feet south from that strip. In searching the title, Mr.
Woolworth does not appear to have a claim on that railroad right-of-way; however, we would like to get a
release ofinterest just incase. VVoare not completely sure vvaneed itbecause the design work has not
been completed yet, but it would give the City greater flexibility. Mr. K8unoe reournnnmnda that the City
Council authorize vacation of Oakes Avenue in exchange for the dedication of the new hght-of+way, an
easement along Oakes Avenue for utUiUea, the release of interest along Guemnea Chenna|, and the
additional 2Ofoot easement,
K8c Hoboy asked if the strip going to Oakes would be a secondary ecoaoa. Mr. Munoe stated it would be
an emergency access for the fire department and most \\he|y would be gated. Mr. Hoboy asked for
clarification of initial access through the adjacent parcel. Access will be from Edwards Way through
Gi|bane to Mr, Woolworth's and Mr. Prutcnnon'e projects. Mr. Hoboy suggested that the City work to
direct the construction traffic through the permanent entrance.
Mrs. Richardson stated that it would be foolish for the City to pass up this opportunity because even if the
trail could be built without the extra 20 feet. it would be very nice if periodically along the trail there was a
wider spot for picnic tables and seating areas.
Mr. Adams secured a clarification on the subdivision process and the Port ownership of the shoreline
right-of-way. The Port has indicated as part of the whole Gilbane discussion that they will give the City an
easement along the entire hnnbyga that they own. Mr. Adams atohad his belief that this is o fair trade,
Mayor Pro Tern asked \sthere was any further discussion. Mr. Hoboy called the question. N1c Adams
requested a call for the vote. Mr. K8unne called fora vote. Vote: Avaa - Adams, Rjchondson, Geer.
Hoboy, Pickett andPathsh. Motion carried
FidalqoBan88itiqadomSite: Interlocal with Port pfAnocmrtes:
Mr. K8unca provided background information. This project has been 10 years in the making. The whole
issue on the Fida|Qn Bay waterfront \a having industrial activity (nnahnas, boat repair, ship building, and
boat launching) adjacent to significant habitat areas. The issue in the early 90's was that we were locked
inand nopermits were being issued because it was essentially impractical todevelop the site and dothe
t
SEPTEMBER 18, 2006 -CONTINUED
mitigation for the development on the same property. The leadership back then (the Port, the City, the
Chamber, private property owners) approached the State and asked how to get out of this box. The
question was how to have an economy and activity on the waterfront while being sensitive to the
environment, work on restoration projects, and perform mitigation. The answer was to work with all the
state agencies, tribes, and federal agencies to come up with a baywide approach. The document that
came out of this is the Fidalgo Bay Subarea Plan. It was adopted into our City Comprehensive Plan.
There is significant science looking at where the marine critical areas are. What happened in the plan is
that the public and private sectors and environmental community looked at how to do some development
and still be protective of marine resources, particularly water dependent uses. The Guemes Channel is
part of the study area and it does have eelgrass but no herring spawn. The sensitive, more critical areas
are in Fidalgo Bay. The outcome of the research proved why it was reasonable to allow for some
development and mitigation and why it was important to secure more protection and restoration.
Mr. Munce described the Fidalgo Bay Mitigation Project. The City will lease from the State Dept. of
Natural Resources and then sublease to the Port of Anacortes. The Port wants to capitalize the lease
and provide full cash contribution up front. The City would be able to invest these funds against the
possibility that the State may have some modest increases over the 30 year period.
Mr. Munce then discussed in detail the work that would be done regarding dredging, filling, and planting
of eelgrass. Permits are in place from all the state and federal agencies. Mr. Munce asked the City
Council to authorize the lease with DNR and then address the specific terms of the sublease with the Port
at a later stage.
Mr. Bob Elsner, Director of Planning, Projects & Environmental Affairs, Port of Anacortes, presented the
history of the Port working on this project since the mid-1990s. The Port's work will impact 1 acre of
eelgrass at the Dakota Creek Shipyard and they will plant 6 acres in Fidalgo Bay. The Port is doing
compensatory mitigation as well as some advanced mitigation in preparation for future work that might
occur either at the ship yard or Cap Sante. The work is scheduled to begin in October and the contractor
has already been selected to begin the dredging in Swinomish Slough. Mr. Hoboy asked Mr. Elsner
about the whether the log pocket is being used for eelgrass mitigation. Mr. Elsner pointed out that is it not
being used for eelgrass but for intertidal mitigation.
Mr. Hoboy asked what the lease payment would be with DNR. Mr. Elsner responded that it would be
approximately $2,300 per year and they are working on the capitalization numbers and will provide those
numbers soon. Mr. Hoboy then asked how long the lease term is and was informed the lease is for 30
years. Mr. Elsner added that at the end of the term, the property reverts back to the State of Washington.
The Port has a duty to perform and cannot default on the lease.
Ms. Pickett discussed the history of the Fidalgo Bay Plan and councilmember Jeanne Robinette's work to
get all the agencies together using a set of rules of engagement that helped them work together.
Mr. Munce said that they were really breaking this into two pieces. One is authorization to sign a lease
with DNR and then the second would be to come back and sign an interlocal with the Port of Anacortes.
Mrs. Richardson moves to authorize the Mayor to sign the lease with DNR and then direct the City staff to
finish the fine points to the agreement with the Port and then back to City Council. Motion seconded by
Brian Geer. Vote: Ayes — Petrish, Pickett, Adams, Richardson, Hoboy and Geer. Motion carried.
...... . .......................................................................................................................................... .......................... ................. ._..................................................................... _... __..... _._...........................
Consent Agenda
Mr. Adams moved, seconded by Mr. Hoboy, to approve the following Consent Agenda items. Vote: Ayes
—Adams, Richardson, Geer, Hoboy, Pickett and Petrish. Motion carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on September 6, 2006 and September 13, 2006 are approved for payment as of this date
September 18, 2006.
Claims Warrants
September, 2006: Warrant Numbers 37996 through 38212 in the total amount of $606,600.93
EFT
September, 2006: EFT Numbers 37990 through 37995 in the total amount of $1,057.00
Prewritten Warrants:
Sept, 2006: Warrant Number 37988-37989 in the total amount of $21,674.81
Pavroll # 1 for September 15, 2006 in the total amount of $466.434.87
Warrant Numbers 29736 through 29803 in the total amount of $62,597.57
Direct Deposit Numbers 19709 through 19863 in the total amount of $251,155.19
EFT Numbers 600 through 605 in the total amount of $152.682.11
Cancelled Warrants
Warrant Number 37546 in the total amount of $1,547.00
Warrant Number 33878 in the total amount of $138.24
..........I..._...................................................................................... ........................................... ................................................................................................................. .....................
2049
SEPTEMBER 18, 2006 -CONTINUED
In the same motion Council:
WSDOT Variance to Noise Ordinance — LM 1 Zone — 2007 Proiect:
Mr. Munce introduced the WSDOT variance request to the City Noise Ordinance. The WSDOT asks for
14 nights to perform construction from Sharpes Corner to Reservation Road instead of twice that many
days to complete the work. The noise levels will be exceeded and so the WSDOT needs Council
approval to perform this work.
Ms. Pickett pointed out that the work would be pretty much the same as the stripping work done on
Commercial Avenue a few years ago. Ms. Pickett moved to approve the variance to the Noise
Ordinance. Seconded by Mrs. Richardson.
Mr. Hoboy added that we gain more than we lose because we minimize the traffic problems that forcing
them to work in the daytime which would be a far worse situation by the citizens. He stated that we did
not receive any complaints from any of the neighbors.
Vote on Motion: Ayes — Pickett, Geer, Petrish, Richardson, Hoboy and Adams. Motion carried.
ORDINANCE: Formalizinq the Governance of the Firemen's Pension Board:
Ms. Emily Schuh introduced the Firemen's Pension Board issue. This has been in place for many years
but never formalized and put in City code. The proposed Ordinance formalizes the rules and
responsibilities of the pension board.
Mr. Petrish asked for clarification as to who this pertains to — working or retired firefighters. Ms. Schuh
stated that this pertains to two retired firefighters and explained the history of this pension board. This
Board predates Plan I and is only for employees hired prior to 1971.
Mr. Adams reiterated that this Ordinance is just a housekeeping issue for two retired firefighters. Mr.
Adams moved to adopt and assign a number to this Ordinance. Mr. Hoboy seconded. Vote on the
Ordinance: Ayes: Pickett, Petrish, Richardson, Hoboy, Geer and Adams. Motion carried.
Citizens Advisory Committee:
Mr. Munce introduced, with Council approval, a call for nominations for a citizen advisory committee to
work on the affordable housing issue. Mr. Munce pointed out that this issue is actually part of a much
broader goal of increasing housing opportunities as set forth in the Comprehensive Plan. The City
Council will make the appointments and outline the process for submitting nominations. Mr. Munce
discussed some of the many options as to what the committee could consider. Mr. Petrish believes that
someone from the Housing Authority should be included in the committee. Mrs. Richardson moved that
the Mayor formally appoint, with Council approval, a committee to consider housing opportunities in
Anacortes and encouraged anyone interested in serving on this committee to send their resume and a
brief statement of interest to the City. Vote: Ayes: Petrish, Richardson, Adams, Geer, Pickett, and
Hoboy. Motion carried.
There being no further business, at approximately 10:00 p.m. Mayor Pro -Tem Petrish adjourned the
meeting of September 18, 2006.
"Ji,
Wanda P. Phillips,ICify Clerk -Treasurer
,i
�Councilmember
H. Dean Maxwell, Mayor
October 2'20OG
At7:3Op.m,K8ovnr�WamwaUcalled the re0u�r�ochadu�dn�aet�gofK8onday Cx�ober2'2OOGtoorder.
RoUcaUfound 'raaontLonsn Hoboy, NichPethsh, Erica Pickett, Bill Turner, and Cynthia Richardson.
Absent: Brad Adamsand Brian Geer. Roll call was followed bythe Pledge ofAllegiance.
Minutes of Previous Nleetim�
The minutes of September 18, 2006 will be distributed to Council prior to the October 16, 2006 meeting.
CitizemHeerimqs
Noone present wished totestify nnmatters not onthe ogendo.
uoci|Cmnmrounbcotion
Park Board RamopViotmemt
Mayor Maxwell reported that Mr. Aaron M. Rasmussen's term on thaAnacurtes Parks and Recreation
Advisory Board will expire at the end of October, 2006. Mr. Rasmussen would like to serve another term;
the Mayor and City staff support this reappointment. With that Mr. Petriah nnomad, seconded by Mr.
Huboy, to confirm the reappointment ofMr. Aaron Rasmussen to the Anacortes Parks and Recreation
Advisory Board. Vote: Ayes —Patrinb,Pickett, Turner, Richardson, and Hoboy. Motion carried.
Phase 2—Economic StudY0Retai0
Mayor Maxwell distributed a September 29. 2006 Memorandum from Berk & Associates to Council
regarding retail sales potential and related development implications. In that nagand. Mr. Ian K8unce,
Planning [}ineubor.added that this evening's mneetinQwill beunn�nuedhoOctober D"'inorder toconduct a
Public Hearing regarding removing the cap on large retail stores. The Berk QAssociates Memorandum
contains key information regarding this issue; the material is available on the vvebsito, has been
distributed tothe Council's Advisory Committee, and ieavailable tothe public.
The Mayor shared that the September 30th recital by the Croatian dance troupe from KorkulaIsland was a
total success; the perfoonance, held at Bnodniak HaU, was an ancient avvond dance, Kurnpanya.
Representatives from Anacortes' Sister Chv, Vela Luka, were also in Anoozrtea for the event. An
additional performance is scheduled for Sunday, October 15 th at the Mt. Baker Theater, Bellingham.
The October vm Liaison Committee meeting will teheld in the Office.
Amendment toPublic Records Act Ordinance,
Mr- Ian N1unoe.Planning Director, explained that the Council previouslyadoptedanOrdinanoecnnoplying
with Washington State legislative directives that the City clarify and codify its policies about public
records. That Ordinance contained e blanket exemption for draft documents; the Attorney General's
office disagreed with this approach and recommended the language changes contained in the revised
Ordinance now before Council. The revision states, inpart, that \norder torely onanexemption the City
must show: that the nauonda contain pnedecisiona| opinions or recommendations of subordinates
expressed ospart ofodeliberative prnoeso�that disclosure would beinjurious tothede|ibenativefunction
of the process; that disclosure would inhibit the flow of recommendations; and that the materials covered
by the exemption reflect policy recommendations and opinions and not the raw factual date on which a
decision is based. Mr. Hoboy expressed concern regarding distribution of erroneous data; Mrs.
Richardson asked for clarification on the Council deliberative process. On a question from Mr. Petrish,
Mr. K8unce explained that the proposed language changes apply only to Section 5. Exemptions. /benn (3j
After discussion, Mr. Turner moved, seconded by Mr. Hoboy, to adopt Ordinance No. 2747 entitled ''An
Ordinance Amending Ordinance No. 2745(Adopting Public Records Act Rules for the City ofAn000rtee)'
Vote: Ayes — Pickett, Turner, Richardson, Hoboy.and Petrieh. Motion carried.
__
'ConaantAqenda
Mrs. Richardson nnoved, seconded by K8c Pathsh, to approve the following Consent Agenda item/. Vote:
Ayes — Turner, Richardson, Hoboy, Petrish, and Pickett. Motion carried.
Aoorova|ofVouchers/Cancellation ofWarrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on September 20, 2006 and September 27, 2006 are approved for payment as of this dote
October A.2OOG.
Claims Warrants
Saptember, 2006: Warrant Numbers 3822Othrough 3@3G7inthe total amount of$525.74731
EFT
September, 2006: EFT Numbers 38213through 38210inthe total amount of$1'770.O0
Cancelled Warrants
Warrant Number 35O58inthe total amount of$241�UO
I Warrant Number 2Q388 inthe total amount of$1.517.63
Final Plat: Eaqle Ridcie
Mr, Ian K8unce.Planning Director, explained that the Planning Commission recommended approval of the
Eagle Ridge final plat. However, K8c Tom Preston hos filed on appeal. The appeal and Planning
Commission recommendation will be brought back to the Council on October 16th
PobGmHmarimq: Vacation efaPortion mf''V"Avenue
Mrs. Richardson stepped down from deliberation on this matter. Mayor Kxoxwe|/ opened the Public
Hearing onmpetition submitted byLaOonnaK merfordhevaoationofopordonmf"V'Avanue(an
80' right-of-way) adjacent to her property at 401 3m Street. Mr. Fred Buokennneyer, Deputy Public Works
Director, presented the history of this request. The Petition initially requested the vacation of a pie -
shaped parcel along the full length ofLot 1. Additionally, the petitioners suggested that their building site
was compromised by a previous Board of Adjustment decision to allow a 40' long garage at zero setback
on the adjacent property. The Development Review Group and Public Works staff expressed concern
over a number of issues; for example, if granted, the vacation would leave less than 10' of public right-of-
way next to a water utility. In light of these ooncerns, the applicants amended the Petition to request
vacation nf1O'of^V°Avenue east of4O13rd street toadistance approximately 5Ofeet south, The Board
of Adjustment held a Public Hearing on the revised Petition and recommended approval; all Hearing
materials and exhibits were forwarded tothe Council for review.
W4e. La[Jonnn Knautknarnerand Mr. Dennis Cullen, petitioners, 404 4m Street, suggested that the vacation
would odd to this on)o|| building site thereby providing for more development options. An October 2, 2006
letter in support of the vacation request was received from Joe and Nancy Halton, 518 V Avenue. There
were no further comments and the Mayor declared the Public Hearing dosed. Questions from Council
followed regarding the configuration of the area to be vacated. After discussion, Mrs. Pickett moved,
seconded by Mr. Turnar, to approve the vacation as requested, and to authorize absff to calculate
compensation values and toprepare an Ordinance reflecting this action. Vote: Ayea—Hoboy. Petrish,
Pickett, and Turner. Motion carried. Mrs. Richardson returned tuthe Council Chambers.
Interim Ordinance: Stream Restoration and Monitoring:
Mr. Ian yWunoe, Planning Director, explained that the City has identified and mapped approximately 16
streams ospart ofthe Critical Areas inventory process. |fdevelopers choose tnsubdivide property near
any of these atroonn or wetland ansas, there shall be a 50' buffer set back from those streams; as an
alternative the developer can also apply fora conditional use permit for approval of mitigation plan.
However, most of those existing streams run through homeowner's backyards; in those situations the City
would work with the homeowners, on a voluntary basis, to develop an adaptive management process. If,
over time, no progress is being made under the adaptive plan other regulatory measures would have to
be taken by the City to protect the streams. yWc yNunma suggested that guidelines for this voluntary
program need tobedeveloped. The Ordinance now before Council would adopt interim standards via the
addition of Municipal Code Sections 17.70.540(7)b(iii) and 17.70.540(7)b/iv); both sections oa|| out all
adaptive management program documentation requirements. Council discussed annual tracking and
follow-up measures. After discussion, Mrs. Richardson nnovad, seconded by Mr. Patrish, to adopt
Ordinance No. 2748 entitled "An Ordinance Adopting Interim Adaptive Management for Streams." Vote.-
Ayes:
oba�Ayem: Pathsh, Piukett, Turner. Richardson, and Hoboy. Motion carried.
Procedural Issues: AomcmBourne Issue (October 1GmPublic Kearinq)
Mr. Ian K8unoe. Planning Director, reported that Anaco Bourne was one of the streams identified and
mapped in the City's Critical Areas inventory. As part of the annual Comp Plan and Development
Regulation updates, on An000 Bourne adjacent property owner asked that the stream be de -listed.
Detailed and expert testimony on this issue were put forward by the property owner through the Planning
Commission hearings; Mr. Floan Barnes, representing himself and Evergreen Islands also presented
detailed testimony to the contrary. The Commission recommended to Council that the stream not be de-
listed; the Hearing exhibits have been distributed toCouncil for review. The Public Hearing onthis
rnoUar has been scheduled before Council on October 16 m; the matter now before Council is what
hearing/deliberation procedure should the Council follow on the 1Gm. Mr. Munne outlined various options;
even if time limits are imposed on baetinnony. Council would still be able to ask questions. Mrs.
Richardson suggested that testimony take summary form. /#tar discussion, Mrs. Pickett rnoved,
seconded by Mr. Hoboy' to limit the testimony to either party on the Anaoo Bourne issue to 15 minutes.
Vote: Ayea—Piokett. Turnor' Richardson, Hoboy. and Petrish. Motion carried.
Shoreline Master Pmmqmamm,2O06: Consultant Services
Mr. Ian K8unca. Planning Director, explained that the Department of Ecology (DOE) has suggested that
the Qty retain a marine scientist to focus on some of the outstanding issues regarding the Shoreline
Master Program, 2OD0Update. Mr. K8uncefirst explained the background onthe Master Program update
schedule; other State agencies support keeping with the schedule hocomplete the update this year.
Ultimately, Council legislative action regarding Shoreline Plan updates must beendorsed by DOE. A
Public Hearing was held before the Planning Commission and recommendations and comments will be
incorporated into n new draft. With regard to hiring a marine consultant, Mr. K8unce summarized the
responses received from six firms; staff requests authorization to hire K8CK Environmental (Tracey
McKenzie) in an amount not to exceed $38.000. If approved, a budget amendment for this expenditure
will be required. With that. K8na. Richardson moved, seconded by yWna. piukett, to authorize the Mayor to
enter into o contract with K8CK Environmental (Tracey McKenzie) for professional services on the City's
Shoreline yNoabar Program update in an amount not to exceed $36.000. Vote: Ayes — Turner
Richardson, Hobwy, petrieh,and Piohe� y�otionu�ni�d. '
�
2052
OCTOBER 2, 2006 - CONTINUED
There being no further business, at approximately 9:00 p.m. Mayor Maxwell convened the Council in
Executive Session to discuss park property purchase (small inholding) and a real estate purchase (Public
Works). At approximately 9:30 p.m. the Council reconvened and without taking any further action, the
Mayor continued the meeting to Friday, October 6, 2006 at 4:00 p.m. at City Hall in order to conduct a site
visit relative to the Anaco Bourne issue (no testimony will be taken). At the conclusion of the site visit the
meeting will again be continued to Monday, October 9, 2006 at 7:30 p.m. in order to conduct a Public
Hearing: Large Scale Retail.
Wanda P. Phillips, ity Clerk -Treasurer H. Dean Maxwell, Mayor
97
Councllmember
2053
October 16, 2006
At 7:30 p.m., Mayor Maxwell called the regularly scheduled meeting of Monday, October 16, 2006 to
order. Roll call found present Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia
Richardson and Brian Geer. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinq
Mr. Petrish moved, seconded by Mr. Geer that the minutes of September 18, 2006 and October 2, 2006
are approved as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and Hoboy.
Motion carried. Mr. Adams abstained from voting on the minutes of October 2"d
Citizen Hearings
No one present wished to testify on matters not on the agenda.
Mayor/Council Communication;
Citizens Award — Ken Oakes:
Mayor Maxwell shared that Mr. Ken Oakes has continued to build and maintain trails in the Anacortes
Community Forest Lands for over 40 years. Mr. Oakes has served as a steward of our community lakes
and forests long before the City was able to provide staff to do so. The Mayor then presented Mr. Oakes
with a Citizen's Award from the Mayor, Council, and community; Mr. Oakes accepted to a standing
ovation.
Proclamation — United Nations Dav
Mayor Maxwell read a proclamation proclaiming October 22"d as United Nations Week in the City of
Anacortes as part of the UN's Year of Good Health and Peace. The proclamation touched on the UN
objectives of social progress, tolerance, maintenance of international peace and security, and promotion
of economic advancement of all people.
Skvline Marine Condo Association # 8.
Mayor Maxwell read from a letter commending City Engineering staff Rob Hoxie and Eric Pipkin. The
letter praised their assistance in the preparation of bathometric charts of Flounder Bay showing where
sedimentation has accumulated and the locations requiring dredging.
Initiative 933
Mayor Maxwell passed out copies of a summary from the Association of Washington Cities in reference to
Initiative 933. The summary highlighted cost estimates to the City if 933 were to pass on November 7m
The information will be made available on the City's website.
Special Events — Homecomina Parade
The Mayor let the community know that the Homecoming Parade will be held on October 20tH from 3:00 to
3:30 p.m. in the vicinity of 3rd Street on O Avenue; the route will follow Commercial to 20th. Public Works
and Public Safety departments reviewed the application and have no objections. The Mayor and Council
thanked the High School representatives in the audience for their support of this activity.
Anacortes Historic Preservation Board Appointments.
Mayor Maxwell listed the three candidates recommended by the Board interview committee: Robert
Harrison, Steve Cox, and Don McKee. Council received copies of the resumes and applications. With
that, Mrs. Richardson moved, seconded by Mrs. Pickett, to confirm the appointments of Robert Harrison,
Steve Cox, and Don McKee to the Anacortes Historic Preservation Board for 3 -year terms. Vote: Ayes —
Pickett, Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried.
Conservation Easement Program — Approval of Groves
Mr. Jonn Lunsford, Parks and Forestlands Manager, presented a request for Council's final approval of
additional acreage for the Conservation Easements Program. If approved, these 140 acres would bring
the total number of acres conserved through the program to 1,155. Council previously reviewed the legal
descriptions and maps showing where the groves are located via an August 1, 2006 Memorandum. With
that, Mr. Geer moved, seconded by Mr. Turner, to adopt the 140 acres to be protected through the
Conservation Easement Program. Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and
Pickett. Motion carried.
............................................. _.............. ....... ........................................ _.......................... ................... _...................... .............. _................... ...... .. ...............;
ConsentAgenda
Mr. Adams moved, seconded by Mr. Hoboy, to approve the following Consent Agenda items. Vote: Ayes
—Turner, Richardson, Geer, Hoboy, Petrish, Pickett, and Adams. Motion carried.
Approval of Vouchers/Cancellation of Warrants,
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on October 4, 2006 and October 11, 2006 are approved for payment as of this date October
16, 2006.
OCTOBER 1G.2006 -CONTINUED
Claims Warrants
October, 2006: Warrant Numbers 38373through 38578inthe total amount of$547.Q31.3Q �
EFT '
October, 2006: EFT Numbers 383G8through 38372inthe total amount of$758DU
PaYroU#1for October 2.2OOGinthe total amount of$S7U.40Q.G1
Warrant Numbers 398O4through 28878inthe total amount uf$228.O32.S8
Direct Deposit Numbers 1Q864through 19888inthe total amount of$242.478.37
EFT Numbers 575through G11 inthe total amount of$1SO.8S8.2O
Cancellation ofWarrants
Warrant Number 37065 in the total amount of $282.88
|nthe same motion Council:
Adopted Ordinance No. 2749 entitled "An Ordinance of the City Council of the City ofAnacnrtes
Authorizing n Service Award Recognition Program for Employees and Superseding Ordinance No. 2586
inits Entirety, passed and approved onthe 1 - day cfApril 2UUZ.'
Adopted Resolution No. 1728 entitled ''A Resolution Regarding Personnel Policies and Benefits for the
City ofAnaoortes Employees and Superseding Resolution No. 1718 in its Entirety, passed and approved
onthe 17 mday ofJanuary 2OOG.";and
Authorized the Mayor to proceed with easement acquisitions for the Segments 5 and G waterline
construction project; the total aggregate amount will not exceed $150,000.
Final Plat: Eamle RidQe
Mr. Ian Munce, Planning Director, explained that an appeal of the Planning Commission recommendation
to approve the Eagle Ridge Final Plat was filed by K8c Tom Preston. His issues regarding a gnova|
surface were addressed bythe applicant and the appeal was withdrawn. The Final Plat proposal isnow
before Council for approval; the Plat is a 14 -lot standard subdivision on a cul-de-sac. The staff reported
that plat conditions have been met and recommends approval subject to o 2 -year Maintenance Bond in
the amount of $28.642.50 and a Latecomer Fee payment for the sanitary sewer in the amount of
$1.882.00. With that, Mr. Turner moved, seconded byMrs. Richardson, toapprove the Eagle Ridge Final
Plat subject tothe Maintenance Bond and Latecomer Fee payment. Vote: Ayes - Richardson, Geer,
Hoboy.Petrish.Pickett, Adams, and Turner. Motion carried.
PubdicHearioq: 2OQ7Budoetand CaDitalFacilities Plan, 20S7 -2Q12)
Mayor Maxwell opened the Public Hearing totake comments unthe 2OO7 Budget and Capital Facilities
Plan, 2007-2012. The Mayor shared highlights of his Budget message; all Budget and Plan documents
were previously distributed to the Council and public. (See minutes of September 5. 2006 for complete
message.) The 2007 balanced budget is in the amount of $40.259.628 with a substantial capital
investment inthe community.
Ms Wanda Phillips, Finance Director, reported that adjustments were made to: the and Planning
Director's tnama| budgets; and to revenues reflecting the $18.000 Jazz Festival matching funds. Ms.
Phillips distributed a comment letter from K8c Terry Christiansen. On November G~' the Ordinance
adopting the Budget and the Resolution setting the levy limit will be before Council for review and
approval. Mr. Ed Fnank, Building Df5cia|, reported that the City pursued grant monies for seismic retrofit
of the Municipal Building; the Building Department recently received notice from the State that the grant
was awarded. in that regard, Staff requests permission to proceed with the retrofit design in an amount
not to exceed $50.000. There were no further comments and the Mayor declared the Public Hearing
closed. Mr. Hoboy suggested staff investigate street widths for 17 m Street, from "O" to "R" Avenue. Ms.
Pickett inquired about follow-up onarecent study ofways toreduce hazardous emissions.
Closed Record AQe*tinq: ''J" Avenue Cmftmqes PUD Remand:
Mayor Maxwell initiated the Closed Record Meeting onthe ^J^Avenue Cottages PUO remand. Mrs.
Richardson clarified anAppearance ofFairness issue. K0c Ian Munce. Planning Director, explained that
the Cottages PUD. for 10 lots onjust over an acre in the R 3 zone, was previously before Council for
review. The PUD process supports innovative development design within the parameters of the Zoning
Code and Comprehensive Plan; ie., in this case one entrance, small \ots, single car garages, and a
shared courtyard. The initial proposal was remanded back tothe Planning Commission to include
public rather than a private street; after the remand Hearing the Planning Commission recommended
approval subject to a maximum of O lots with e public street. Three appeals were filed. The nauond
developed by the Planning Commission, including transcripts and axhibits, was forwarded to the Council
prior tuthe Closed Record meeting.
K4c Pat Robinson. 1304 ^|^ /4/enue, appellant, suggested that the proposed density would not be an
appropriate use in this long-established neighborhood; parking on the street should be limited to 2 -hours;
the high density project would add to an already crowded right-of-vvny� and he reported that there are 25
trees on the subject property. Mr. Gerald Watson, 2702 ^J^ Avanue, oppeUont, resident at that address
for 32 yeora, spoke against the project; the narrow right-of-way; and suggested that the project is not
compatible with the neighborhood. Mr. Greg Wilson, applicant and appellant, was directed byCouncil ho
work with staff to address roadway issues. The proposed homes will be 1.000-1.200 square feet; Mr.
2055
OCTOBER 16, 2006 —CONTINUED
Wilson emphasized that density issues affect affordability, and that if the 8 -lots are approved he asked
Council to waive the requirement for connecting sidewalks on both sides of "J" Avenue. Mr. Adams
spoke against the proposal citing the marked reduction in lot size as not in keeping with the surrounding
development, and lack of neighborhood support. Mrs. Richardson reviewed alternative development
scenarios allowed under the current zoning versus benefits to be derived from the PUD process. Mr.
Petrish characterized the current trend to downsize living space. Mr. Turner underscored the need for
this type of housing choice in Anacortes. Mr. Hoboy spoke in favor of the Planning Commission
recommendation for 8 units. After discussion, Mr. Hoboy moved, seconded by Mrs. Pickett, to approve
the "J" Avenue Cottages Preliminary Development Plan (PUD), limited to 8 -lots and subject to conditions
recommended by the Planning Commission outlined in the Findings of Fact and Conclusions of Law, and
to deny the three appeals. After discussion, Mr. Turner moved, seconded by Mrs. Richardson, to amend
the main motion to eliminate the requirement for sidewalks to the south. Vote on the amendment: Ayes —
Turner, Richardson. No — Geer, Hoboy, Petrish, Picket, and Adams. Motion to amend failed. Mrs.
Richardson then moved to amend the main motion to establish a 5' side yard setback on all units and to
set back all units 10' from the right-of-way. Vote on the amendment: Ayes — Pickett, Turner, and
Richardson. No — Hoboy, Petrish, Adams, and Geer. Motion to amend failed. Vote on the main motion
to approve the "J" Avenue Cottages Preliminary Development Plan, limited to 8 -lots and subject to the
conditions recommended by the Planning Commission outlined in the findings of Fact and Conclusions of
Law, and to deny the three appeals. Vote: Ayes — Petrish, Pickett, Turner, Richardson, Geer, and
Hoboy. No — Adams. Motion carried.
Public Hearing: 2005/6 Comprehensive Plan and Development Regulations Amendments (The
Anaco Bourn portion will be continued to the City Council meeting of November 6, 2006
Mayor Maxwell opened the Public Hearing to take public comment on the 2005/6 Comprehensive Plan
and Development Regulation Amendments. Mr. Ian Munce, Planning Director, received public input from
Mr. Dave Malseed regarding proposal # 2, definition of temporary structure. Mr. Malseed is concerned
that this change may impact businesses in the industrial zone that make use of containers and boat
covers. Mr. Ross O. Barnes, 1004 7t" St., on behalf of himself and Evergreen Islands, spoke to proposal
# 10, reasonable use exemption to stream regulations. He suggested that the exemption should not
include destruction of the open stream channel; he offered alternative measures, and discussed proposed
language in the Shoreline Master Plan regarding streams. Mr. Barnes then discussed proposal # 11
deleting the requirement that wetlands only be delineated by a Professional Wetland Scientist, he then
read from his July 26th letter supporting # 11 with the proviso that the City implement the provisions of
AMC 17.70.300. There were no further comments and the Mayor declared the Public Hearing closed.
Pennsvlvania Avenue Design Contract
Mr. Fred Buckenmeyer, Deputy Public Works Director, presented a request to move forward with the
design contract award for Pennsylvania Avenue, part of the Kingsway and Anacopper Road connection.
Design would begin in early 2007 with an early 2008 construction start. Discussion followed regarding
street width; design updates will be reviewed with the Public Works Advisory Committee. Staff
recommends awarding the Design Contract for the Pennsylvania Avenue Road Improvements to HDR
Engineering in the amount of $106,807. Mr. Geer so moved, seconded by Mrs. Richardson. Vote: Ayes
— Pickett, Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried.
Bid Award: Deception Pass Waterline
Mr. Fred Buckenmeyer, Deputy Public Works Director, thanked Bob Clumpner and Gordon Bruchner, the
City's team that prepared the bid specs. This project will, in part, construct a new waterline on Miller and
Lunz Roads which will provide for abandonment of the aged 1 -inch asbestos cement waterline in WSDOT
right-of-way in those areas. After discussion, Mr. Hoboy moved, seconded by Mr. Adams, to award the
Deception Pass Waterline project to TRICO Contracting, Burlington, in the amount of $1,317.366.71.
Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and Pickett. Motion carried.
There being no further business, at approximately 10:30 p.m. the Mayor adjourned the regularly
scheduled meeting of October 16, 2006.
Wanda P. Phillips, 91ty Clerk-TreasIrer H. Dean Maxwell, Mayor
`� Councilmember /
2056
November 6, 2006
At 7:30 p.m., Mayor Maxwell called the regularly scheduled meeting of Monday, November 6, 2006 to
order. Roll call found present Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, and
Cynthia Richardson. Absent: Brian Geer. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetina
The minutes of October 16th and November 6th will be available for approval on December 4, 2006.
Authorization for Public Opinion Survev (Fred Mever) Aqenda Item # 7a.
Mayor Maxwell asked Mr. Ian Munce, Planning Director, to address this issue. Mr. Munce explained that
random sample survey could be done to address preferences on retail. However, he agreed that a more
realistic proposal would be to do a comprehensive survey addressing multiple issues.
Citizen Hearinas
Mr. Doug Thurber, Anacortes, suggested that the research and development for retail projects would be
best handled through the Chamber of Commerce rather than through local government.
Mr. Bill Mitchell, 807 27th St., discussed the Anacortes Mural project. He spoke against the Ants
Commission's decision to award the Wilson Hotel mural to an artist; he suggested that the Commission
reconsider its decision. The Mayor clarified that on this issue the Arts Commission is an Advisory Board
to the Housing Authority.
,Mayor/Council Communication;
Mayor Maxwell reported that the National Weather Service has issued a flood warning for the Skagit
River; the river will crest at 38' at 4:00 p.m. on Tuesday. The Water Treatment Plan continues to meet all
water quality standards. The Mayor thanked the NAS Whidbey Island Construction Battalion for its efforts
to protect the Water Treatment Plant; the Mayor also expressed appreciation to Willie LaRue and all the
plant personnel for their diligence.
Samish Indian Nation Award:
Mayor Maxwell presented Ms. Dana Matthews with a commemorative certificate dedicating 5 -acres of the
City Forestlands to the late Ken Hansen, Tsa-wac-ton, Chief of the Samish Tribe.
Certificate of Appreciation — GeorQe Mehler
Mayor Maxwell presented a certificate of appreciation to Mr. George Mehler who has served on the Board
of Adjustment since October of 1974.
Pride of the Neiahborhood Award: 801 Commercial Avenue
Mayor Maxwell presented the Pride of Neighborhood Award to Mr. Mike Trafton, Bank of the Pacific, to
recognize the beautification project at 801 Commercial
Mavor's Award of Merit — Doua Liddle
Mayor Maxwell presented the Mayor's Award of Merit to Officer Doug Liddle; Officer Liddle has served the
City as of police officer for over 30 years. Mr. Liddle was nominated by his co-workers and has
demonstrated his dependability in handling any task assigned. In particular, the Mayor highlighted Officer
Liddle's work to assist the Parks Department by patrolling the Anacortes Forestlands. Officer Liddle
received the award to a standing ovation.
The Port/City Liaison Committee Meeting has been postponed to November 14th
It was announced that Bill Turner recently became a grandfather.
Continued Public Hearinq: 2005/2006 Comprehensive Plan and Development Requlation
Amendments — Anaco Bourn
(This hearing is on tape and filed at City Hall.)
Mayor Maxwell initiated the continued Comprehensive Plan and Development Regulation Public
Hearing/Anaco Bourn. Mr. Ian Munce, Planning Director, explained that the City, under GMA, is required
to designate and protect critical areas; further, State statues and guidelines specify that streams of
particular interest are to be addressed with regard to protection. In response, the City's environmental
consultant, ATSI, inventoried City streams; the list was then incorporated into the City's Critical Areas
Ordinance (CAO). With regard to new subdivision a designated stream requires a 50' setback on both
sides of the stream; the City is also developing a voluntary stream protection program applicable to
existing homes. The matter now before Council is a request from Mr. Rob Seip to amend the Critical
Areas Ordinance by removing Anaco Bourn (on Mr. Seip's property); the request is made through the
annual Comprehensive Plan and Development Regulation amendment process. The Planning
Commission held a Public Hearing on this matter and recommended that Council not delist the stream.
Mrs. Richardson disclosed a potential appearance of fairness issue. There were no objections to Mrs.
Richardson participating in this matter.
MM,
NOVEMBER 6,2006—CONTINUED
Ms. Rosemary Larson, attorney with Ensley Best, 7771mthAvenue NE, Bellevue, represents Mr. Rob
Seip who is requesting that the City amend its critical areas ordinance toremove the water feature known
ooAuaoo Bourn from the list cfstreams that are protected as fish and wildlife habitat. K8e. KAerth Walker,
lead professional wetland scientist; Jinn Schammer' SchemmarEngineehng; J.B. Scott; andVKD. Punne|i
were available for questions on the existing and historical characteristics ofAnaou Bourn. Ms. Larson
added that o key component tothis matter iswhat is the appropriate definition of stream to be protected.
She referred to stream definition contained in WAC 222-16-030. Ms. Wa|ker, a wetland and water
scientist for over 16 yeans, was asked by Mr. Seip to investigate the existence ofAnaoo Bourn; she
applied scientific methods and considered weather conditions and any disturbance factors that might
affect the hydrogen|ogy, moi|o, or vegetation an the basis for her conclusions. She also reviewed
supplemental napoda including the City's A7S| naport, and assessments byJ.B. Scott andVV.D. Purnell
and incorporated those conclusions into her work. Based on this review, K8a. Walker concluded that the
Anauo Bourn is not stream; but rather short dry gully eroded by the original stornnvvaterdisoharge
from Marine Heights prior to 2004; plant data independently verified the soil data conclusions. Runoff
from Marine Heights created the drainage channels now visible. She also discovered 2channels newly
eroded, but noold continuous stream channels present onthe site. Her recent on-site work isconsistent
with prior onsite and uphill environmental investigations and reports; Anaon Bourn did not exist before
Marine Heights construction. WAC 222stream definition was used toanalyze findings. PNo. yWerthsaid
that the opposition's argument does not represent best available science nor has the information risen to
the level ofexpert.
Mr. Ross (}.Barnes, 1OO4fmGt..onbehalf onhimself and Evergreen Islands, read from oNovember 8.
2OOGletter (1)entitled "An000Bourn atAnaoortesCity Council — Part VI: The A.B.C'sofAnaooBourn."
The letter states that Mr. Barnes has "...the longest and most extensive professional relationship on the
record, to the whole watershed from the headwaters beaver pond, Merritt's Marsh, to the confluence with
River Clyde." Additional exhibits include (2) n November 8. 2006 letter entitled "Anauo Bourn at
Anaoortea City Council — Part V. The letter requesta, in pert. that Mr. 8eip's petition of October Q. 2006
be returned to the Planning Commission for review and recommendation prior to City Council
consideration; and (3) a November 6, 2006 letter entitled "Anaco Bourn at Anacortes City Council — Part
V||: Rebuttal" Mr. Barnes concluded that "...ewell-defined aboveground channel system in y0ohna
Heights conveys the type 5 portions of natural water Anaco Bourn directly into the downstream type 4
perennial portion of the stream, wherever that may begin' and it begins by the time it gets to the Seip
property." He also discussed protection standards for state waters; Anaco Bourn is a type 5 water body.
He also suggested that in the absence of a WAC 222 topographic definition of a channel, an appropriate
working definition would be"...a topographic pmofi|ethat confines surface flow toa defined area with e
defined OHVVK8 and this defined area can be identified on the ground topographically." Mr. Barnes
concluded that the Wiggins April 1, 2004 report definition of a natural stream supported this; he then used
photos to illustrate the water flows in the Marine Heights area and to naoep Council field trip routes.
In response, Ms. Walker offered that o ravine is not a natural or a defined stream channel. Flagging
sLreonna requires identification of defined bed and bank; further, o topographic impression does not
necessarily mean the existence ofanintermittent stream. Further surface flow to..."otype 4water does
nota type 5 water make; it has to be in a defined above ground channel." &1s. Larson stated that the
findings and opinions based on these presentations and all the information on record suggested that the
evidence supports the conclusion that the Anaco Bourn is not a stream as defined by WAC 222; that the
action to remove the stream is consistent with the disclaimers on the City's Critical Areas Map. The
evidence submitted by this individual property owner offers overwhelming evidence tosupport removing
Anaoo Boum from the CAO |iobad streams.
Questions followed from the Council regarding water quality that comes from a drainage ditch as opposed
to o stream. Ms. Walker described the environmental testing necessary to make such a determination.
Mr. Barnes answered questions regarding ground water infiltration from Marine Heights and highlighted
field characteristics of the Council's site visit. In answer to a question from Council, Ms. Walker said she
did not conduct a historic aerial photo analysis. On a 1094 site viait, during a drought. Mr. Barnes amvv
etnoarn channels but no water; he said he saw evidence of the three channels that exist today. Mr. J.B.
Scott, Geotechnical Engineer, first visited the site in 1992 or 1993 and photographed the site; he reported
that no channel orvvet|and existed in K8anoh of 1904. Mr. Purnell, President of geotechnical geology
and civil engineering firm, first visited the site in 1994 and continuously observed the property for 2 years.
He explained that the water flow is from e glacial channel with intermittent flow for excess surface water.
There is ground water recharge in back nfMarine Heights; itcollects water and excess flows through
Marine Heights.
Mr. Tom Glade, representing Evergreen |a|unds. submitted 31 articles regarding measures necessary to
protect the vital waterways ofPuget Sound. Mr. Gene Dehg. 1302 K Avenue, spoke in support ofMr,
Glade's and Mr. Barnes' comments. Mr. Brian Watcher, 814 20`n Gt., questioned the procedure;
emphasized the City's commitment to protect streams; and asked Council to consider the potential to
open up challenges to the existing CAO. Mr. Michael Sternberg, 2208 31m St., said that four scientists
have testified that there was not stream in 1894. K4a. Julie White, 3708 W. 12 m St., submitted a
November 6 t letter asking the Council not to remove Anaoo Bourn as @ protected stream. She
encouraged innovative planning through the Planned Unit Development pnn0000 to protect both the
environment and boallow for development. There were nofurther comments and the Mayor declared the
Public Hearing closed. Mr. K8unce reported that the Council will review this and all proposed 2005/2006
m
C�onnpnahenaiveP\anendDewe\npnnentRagu\otionchangaaonKAonday'Nnvennber13
NOVEMBER Gi2006—CONTINUED
ConomotAWeodm
Mc Petrish moved, seconded by Mc Adams, to approve the
Aveo— Pethsh' Picket Adanns, Turner, Richardson, and Hobov
onAgenda Item Gd.) Motion carried.
AoProva/ofVouchers/Cancellation of Warrants
following Consent Agenda items. Vote:
(Mrs. Richardson abstained from voting
Council voted unanimously that the audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on October 18. 2806, October 25, 2006 and November 1. 2008 are approved for payment as
of this date November 6, 2006.
Claims Warrants
�
October, 2006: Warrant Numbers 38583through 3880]inthe total amount of $661,920.83
BT
October, 2006: EFT Numbers 3D578through 38S82inthe total amount of$1.324.OU
Pnamritten C|einnn
October, 2006: Warrant Number 38577inthe total amount uf$3,S23.7O
PayroU#1for October 18.2OO8inthe total amount of$445.380.3D
|
Warrant Numbers 2987Qthrough 20937inthe total amount of$57.25O.11
Direct Deposit Numbers 20O35through 2U18Binthe total amount of$243.1G1�54
EFT Numbers O18through O23inthe total amount of$144,QO8.73
Payno|\#2for October 31. 2008 \nthe total amount of$G28.GO0.17
Warrant Numbers 2Q838through 3O008inthe total amount of$228'75S.75
Direct Deposit Numbers 2O18Othrough 2O2Q3inthe total amount of$248.844.52
|
EFT Numbers G24through 828inthe total amount nf$151'O55.gO
|nthe same motion Council:
Adopted Resolution No. 1730 entitled "Resolution Authorizing Execution of Tourism Promotion Fund
Contracts by and between the City of AnecoMtesand Twelve Agencies for Fifteen P ;
Adopted Ordinance No. 2750 entitled "An Ordinance Vacating a Portion of Oakes Avenue Contained in
The Baring Addition tothe City ofAnaumdes.Skagit County, VVoohington^;
Adopted Ordinance No. 2751 entitled "An Ordinance Vacating a Portion of V Avenue Adjacent to Lot 1 of
Block 286 Located in the /\naoortao Original Addition to the City of Ananurtes. Skagit County,
Washington";
Accepted the 2O00CBD Sidewalk Replacement Project aanomp|ete(PVV#05-O84-OEV);
Accepted the 3O"Waterline Backfill Reinforcement project asconnp|ete(PVV#O5-O68-VVTR-0O2);and
Awarded the 2OOOSidewalk Pnojmeot(�2 Street from ^L"Avenue tu"N"Avenue) toK8PConstruction inthe
amount of$37.74G.2O.
Ordinance: Adopt 2DD7Budqatand SaharySchedule and Resolution: Settinq2O07Lmvn
K80. Wanda Phillips, Finance Dhector, presented an Ordinance tothe Mayor and Council for review and
adoption. The 2007 Budget was reviewed by Council in Study Sessions and a Public Hearing was held.
The Ordinance aurnnnorizaa, by fund, the expenditures that have been set for the 2007 Budget; the total
budget is $40`471.865. In addition, K8e. Phillips presented e Resolution authorizing the 196 |irnihad levy
which will yield approximately $35,800.94. With that. Mr. Turner moved, seconded by Mr. Petrinh, to
adopt Ordinance No. 2752 entitled "An Ordinance Adopting the Budget and Salary Schedule for all
K8un(oipo| Purposes and Uses for the Year 2007^. and adopted Resolution No. 172$ entitled ^A
Resolution of the City Council of the city of Anacortes Setting the City's Year 2007 Property Tax Regular
Levy Increase". Vote: Ayes — Pickett, Adams, Turner, Richardson, Hoboy.and Petrish. Motion carried.
Closed Record K8eetn#: Conditional Use Application — Private Drive amAccess
Mayor Maxwell initiated the Closed Record Meeting on a Conditional Use application submitted by Ms.
Sara White to use a private drive as access to Lot 1 of Short Plat # ANA 86-003 (41~ Street and ^O^
Avenue.) Mr. Ian Nlunoe. Planning Director, explained that atthis time, the applicant intends to build one
house only on the entire 1986 4-|otshort plat. Without permission to use private drive as access, the
applicant would be required to develop the 000esa to full City standards. If approved, the authorization
would apply to this one residence. If any further development ocounn, the access would have to be fully
developed. The Planning Commission held a Public Hearing on this matter and recommended approval
subject to 12 conditions. No appeals were filed. With that. Mr. Turner nnoved, seconded by Mrs.
Riohnndson, to approve the Conditional Use Application subject to the Findings of Fact and Conclusions
of Law. Vote: Ayes — Adams, Turner, Richardson, Hoboy.Pethsh.and Pickett. Motion carried.
2059
NOVEMBER 6, 2006 — CONTINUED
Closed Record Meetinq: Preliminary Plat and Conditional Use: Marine Crest Preliminary Plat and.
Private Drive as Access:
Mayor Maxwell initiated the Closed Record Meeting on Todd Kirkpatrick's Preliminary Plat and
Conditional Use applications to further subdivide Lots 7 and 8 of Short Plat # ANA 04-003, generally at
4305 Marine Drive. The Marine Crest Plat will have 6 lots with a cul-de-sac and a private drive as access
to Lot 8A only. The Planning Commission held Public Hearings on this matter and all transcripts and
exhibits have been forwarded to Council; the Commission voted to recommend approval subject to 21
conditions. Staff also recommends acceptance of this project and conditions.
Mrs. Richardson discussed clearing and drainage improvements. In that regard, she proposed Condition
# 22: "No lot shall be cleared until a Building Permit is secured for that lot; and Condition # 23: "Final Plat
approval will not be granted until all necessary drainage improvements are either installed or bonded."
Mrs. Richardson moved, seconded by Mr. Hoboy, to approve the Marine Crest Preliminary Plat and
Conditional Use permits subject to the Findings of Fact and Conclusions of Law as amended by the
addition of Conditions 22 and 23. Vote: Ayes – Turner, Richardson, Hoboy, Petrish, Pickett, and Adams.
Motion carried.
Proposed Relinquishment of Easement/Paulson
Mr. Fred Buckenmeyer, Deputy Public Works Director, presented a request to Council to relinquish 15' of
a utility easement adjoining 2320/2322 11th Street, property owned by Mr. Bradley R. Paulson. The
applicant and staff have held discussions on this matter and finding no adverse impacts recommends
moving forward with the request. The subject 80' right-of-way was vacated a number of years ago; Mr.
Paulson owns 40' of that vacated right-of-way subject to a City utility easement. Mr. Paulson has
requested that the City relinquish 15' of that easement; negotiations regarding compensation were
successful. Questions followed from the Council regarding use of the remaining easement for public
access to the water as part of the Council's long range planning. Mrs. Pickett suggested that this access
could provide a link from the Guemes trail back to the neighborhood. Mr. Ian Munce, Planning Director,
said he would research the original easement language.
Public Hearinq: Revisions to Stream Manaqement Rules Interim Ord. # 2748)
Mayor Maxwell opened the Public Hearing to take comments on amendments to Ordinance No. 2748
adopting Interim Adaptive Management for Streams. Mr. Ian Munce, Planning Director, explained that
the Ordinance establishes a regulatory approach to streams in relationship to new development; there
shall be a 50' protective corridor on both sides of the stream. Conversely, the City has not taken a
regulatory approach to existing streams on developed property. In that regard the City has adopted an
adaptive management approach; i.e., community monitoring coupled with a net loss/ecological function
value if corrective action becomes necessary. An appeal of the Ordinance was filed; the Growth
Hearings Board determined that the City shall adopt detailed language on implementation.
Mr. Ross O. Barnes, 1004 7" St., did not object to the proposed language proposed but expressed
concerns about implementation. He raised two issues: (1) who will pay for the studies? (2) Who will
bear the burden of corrective action, if necessary? Mr. Tom Glade, Evergreen Islands, emphasized that
actions affecting streams do ultimately affect the waters of Puget Sound. Mr. Gene Derig, 1302 "K"
Avenue, supported the comments of Mr. Barnes and Mr. Glade; he asked if the hearing procedure was
appropriate. Mr. Ian Munce, City Attorney, said that the City is in compliance mode. Mr. Brian Wetcher,
814 26th St., asked that the standards set by this Ordinance be successfully implemented, and suggested
developing a process to address past damage to waterways.
There being no further business, at approximately 10:45 p.m. the Mayor adjourned the regularly
scheduled meeting of November 6, 2006.
\0 o_�k 0 �, 4,J Lio a— wvzo/�
Wanda P. Phillipe, ity Clerk-Trebsurer H. Dean Maxwell, Mayor
�ACoun2dlmem er /
At 7:30 p.m., Mayor K8@XVv8U called the [egU|3d« scheduled meeting Of K8Onday, NOV8[nb8[ 20'
2008 to On18[ Roll C8U found present Loren HOboV, Nick PetriSh, Erica Pickett, Brad /\d@nlS,
Cynthia RiChandsOD, and Bh8D Gee[, Absent: Bill Turner. Roll call was followed by the Pledge
of Allegiance.
Minutes of PrevioumMeetinq
The 0\nu�o����bgr16ma�No�m�r�will beavailable for approval 0nDecember 4.
2006.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
Mayor/Council
Mayor Maxwell
'reported
`^''- the []tv opened the Emergency Oo8[@tOOS Center last
Wednesday at 12:3[ p.m./\wind st0D0, with gusts Up to 74 m.p.h.,hit /�O@co�eG on the heels
of floods, oVv and ice. The Mayor and Council extended Gspecial thaDhs for all Public Works
and Public Safety employees who worked around the clock to respond to this 8rOerg8OCy
situation, The Mayor asked the community, during these difficult weather situations, to check on
the elderly and those unable tOcope with loss ofpower and transportation.
Mr. Adams reported tothe Council that h8had @ scheduling conflict and would be leaving the
meeting 8t8:30p.0.
2005/2006 Comprehensive Plan and Develooment Reaulatiom Amendments
2007 Comprehensive Plan Update
Mr. Ian K8unce. Planning Director, asked Council to direct staff to prepare an Ordinance
reflecting 2005/2000 annual amendments. The Ordinance would oddnaGa theAnaco Bourn
issue; specifically with the addition of use section regarding streams in ditches or culverts.
The added option VvOu|d 8||0vV @ property owner to take the Gtr8@0 out of the ditch or culvert
subject to o 10' setback. This category would be applicable to the review of any newsubdivision. If this new |@ngV2g8 is approved, no action vV0U|d be taken to de|iSt the An8oO
BnU[D Stream atthis time. Additionally, language regarding large scale nat@i| will be included in
an Ordinance adopting the Comprehensive P|8D 2007. After discussion, Mrs. Richardson
Rloved, seconded by Mrs. F/iCkett, to direct staff to prepare the two {}rd\D@UceS. Vote: Ayes —
F»ethsh.Pickett, Adams, Richardson, Geer, and Hoboy. Motion carried.
Consent Aqenda
M[ Adams 00ved, seconded by M[ Geer, to approve the following Consent Agenda hems.
Vote: Ayes — Pickett, Adams, Richardson, Geer, Hoboy, and Petrish. Motion carried.
/\Dorovg|OfVouchers/Cancellation Of
Council voted unmOinnouak/ that the following vouchers/warrants audited and codified by the
City's Auditing Office[ (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on November 15, 2000 and November 8, 2000 are approved for
payment aaofthis date November 2O.2OD0.
Claims Warrants
November, 2UU6:Warrant Numbers 38815through 38SS7inthe total amount of $945.823.28
EFT
---'November, 2OO6:EFTNumbers 388OSthrough 38O14inthe total amount of$845.DO
PrevxhttenC\mirne
November, 3OO6:VVmrraOtNumbers 38OO7-388O8iDthe total amount of $17,409.98
Pay[O||#1 for November 17. 2OD0iDthe total amount of$471.480.00
Warrant Numbers 3OOOSthrough 30004iDthe total amount Of$58.175.7S
Direct Deposit Numbers 2O3S3through 2O515inthe total amount of $256,438.28
EFT Numbers O3Othrough O35iOthe total amount of$156,854.02
!mthe same motion Council:
Approved the surplus of fleet vehicles listed in the "City of 8nacortes Surplus Request Report
for Calendar Year 2006^ doted November 16, 2006; the vehicles have been transferred or
2061 061
NOVEMBER 20, 2006 — CONTINUED
DoVxo1ommmGarbacie Cans and Bike Racks: Budqet Authorization
Mr. Gary Robinson, Director of Parks and Recreation, presented m request to Council for
authorization to purchase twelve garbage mane and six bike racks for placement in the
downtown area. The cans will be handsomely decorated with depictions ofdifferent antique
salmon can labels. /\ prototype garbage can and bike rack were in the Council Chambers for
viewing. Staff proposes that donors pay $550 per can and $300 per bike rack; the City would
pay the balance. Mrs. Richardson said that thanks should go to Bill Mitchell for his idea to
connect the City to its historic fishing industry in this way. After discussion, K4[ Goer moved,
seconded by Mrs. Richardson, to authorize the purchase of twelve garbage cans without |aba/s,
including shipping, at approximately $7'250. and six bike naoho at approximately $2.700. Vote:
Ayes —Adannm. Richardson, Gea[, Hoboy' PethSh. and Pickett. Motion carried.
Contract Award: Pilina Removal 30th Street
K8c Ian K8unoe. Planning background for this contract award request. The
C�` �mwnothebaqgedock atend of30th street; two finger piersare used by Cap Sante Marine to
launch boats. The City also owns the boat ramp for Industrial Park tenants to the south of� nm
street. The associated 15 existing pilings interfere with the ease of use by marine traffic at
these locations; removing creosote pile is also environmentally responsible. The {ow bid for the
project was raoeived from Culbertson Marine Construction in the amount of $47,100.60. After
discussion, Mr. Hoboy rnoved, seconded by Mr. PethSh, to award the Cap Sante South Pile
Removal Project # 06 -080 -|DS to Culbertson Marine Construction in the amount of $47.001.60
including tax. Vote: Avas—R\chardSon. Geer, Hoboy' Pethsh' Pickett. and Adams. Motion
carried.
Contract Modification: Sunset Avenue.:
Mr. Fred Buokennleyar, Public Works Deputy Director, presented a request for approval of
Change # 1 for the Sunset Avenue Road improvements Project (04-010-TRyJ). Mr.
Buckenmeyer explained that three new developments would be constructed at the same time as
the Sunset project; the City coordinated utility installation for these projects together with
Sunset Avenue improvements. To accommodate and nnstoh these innpnomsnnenta, staff
identified and quantified the necessary Contract changes including: frontage changes along the
Knuteen development; frontage changes along the Chmffey Homes development; and City
project additions and changes. AddidonaUy, agreements have been reached regarding
reimbursement of the dEwe|Ope/S portion of the improvements, With that. K8[S. Pickett moved,
seconded by Mr. Hoboy to approve Change Order # 1 to the Sunset Avenue Road
Improvement Project, and to authorize the Mayor to enter into a contract with Co|a:urcio
Brothers in the amount of $57,791.30. Vote: yea—Richmrdaon. Geer. Hoboy, PetriSh. Pickett.
and Adams. Motion carried.
Ordinance: BadQetAmendment for 2006
K8a. VVondo Phi||ipa, Finance Dinaotor, presented an Ordinance to Council for review and
adoption. If adopted, the Ordinance would reflect amendments to the 2000 Budget in the
General Fund /001\; Ambulance Fund (110); and Sewer Fund (440). Mr. Geer m0ved,
seconded by Mrs. Richardson, to adopt Ordinance No. 2753 entitled "An Ordinance Amending
Ordinance No. 2725 Adopted on November 7m of 2005, entitled 'An Ordinance Adopting the
Budget and Salary Schedule for all K8unioipe! Purposes and Uses for the Year 2006"'. Vote:
Ayes —Geer, Hoboy, Pethah, Pickett. Adan/a. and Richardson. Motion carried.
Resolution: Authorization: Master Licenainq Service Aqmeemmemt
K8u. VVondo Phillips, Finance Director, presented a Resolution to Council for review and
adoption. If adopted, the Resolution would authorize the Mayor to enter into a data sharing
agreement between the City of Anacortes and the State of Washington Department of Revenue
and Department of Licensing. Mr. Adams said that this action would increase efficiency by
authorizing the Department of Licensing Master License Service to act as the Cib/"o agent for
business licensing activities; he then moved to adopt Resolution No. 1731. Vote: Ayes —
Hoboy, Pathnh.Pickett, Adams, Richardson, and Geer. Motion carried.
Final Plat: Rock Ridqe South
K8nG. Richardson stepped down from deliberation on this matter. Mr. Ian K8UDce. Planning
DimeotOr, presented the F{ooh Ridge South Final Plat application. The 22 -lot preliminary plat
was previously approved bythe City Council; the decision was appealed toSuperior Court and
the City's planning process was upheld. The improvements have been constructed; the
Planning {}onnnnieoion reviewed the application and recommended approval subject to:
completion of the landscape installation; completion of the water pump station; provide a fire
flow report; project compliance with the 10-ym8[ VVGta[ C>Va|itv Monitoring Plan; a 1 -year
Maintenance bond inthe amount of$11O,763.18; final review and approval ofthe plat drawing
2
NOVEMBER 28'2006—CONTINUED 2062
assuring conformance tOthe project requirements; and geotechnical analysis shall be dome OD
each and every site prior to building pBrDitS being issued. The projects key fBEdu[eS include a
30' forestland buffer on this project total; this will he added to approximately S miles of forested
buffer in/\O000rteesecured through the plat process. Additionally, Tract Bwill bededicated to
the City outright, With that, Mr. |Xob0y nlVVed, seconded by K8[ Geer to approve the Final Plat
of Rock Ridge South subject to the 7 conditions recommended by the Planning Commission.
Vote: Aueo—Petrieh' P�ckett, Adams, Gear. and Hoboy. Mrs. Richardson returned tothe
Council Chambers.
Quail Run Planned Unit Development
Mayor K8a»xNeU initiated the Closed Record meeting On the Quail F{Vn Planned Unit
Development located off of ClU8i/ Drive and "H" Avenue. Mr. [)OO Me@moFn8r` Assistant
Planning Director, explained that (}Uai| Run is located on approximately 14 oCPeS with 28
pFDpOa8d single family lots; the project also includes 8 3.1 acre Category 1 wetland. The
Planning Commission held Public Hearings On this matter and necOnlnleDd8d app[OVo| of the
C)V8i| Run PUD'S Preliminary Development P|8O and Conditional Use permit for 8 wetland
urneainQ, both eubi����o conditions. Council r8ma\wad copies of all transcripts and exhibits from
Vo� 8o[O�S� two appeals Vx�
those H \ ' | re filed but were withdrawn. � K8K0r eae8[nerueed overhead
displays to show the project vicinity and lot layout.
The proposed wetland mitigation includes removal Ofan0�s�Og dvv�hthe wetlands to
be ' �red inthat area; buffer enhancement and mitigation will be provided as required by the
Chv'e (�hdoa| Area Ordinance. FurFurther,h�the wetlands and buffer will be dedicated as Native' Growth Protection Easements. The detailed Final Development Plan (Preliminary P|oM will
follow on approval of the project concept; Mr. KAeasanner clarified that the applicant has
proposed R 2 Setback neSthC[iODa. Council discussion fO||ovvod regarding St0[OOVYater and
runoff concerns were addressed; the application will retain the services of hydro, geologist to
review the site and to VVOrh with the GChoV| [}isihCt and City to develop @ atn[0vvat8r plan.
VVEt|and monitoring will be conducted- neighborhood connectivity was encouraged; the fence
issue will need to be F8So|V8d. With that, Mrs. Richardson moved, seconded by K8F. Hob0y. to
approve the Quail RVA Preliminary Development P\8D for the C}V@i\ FlVn PUD subject to the
Findings of Fact and CODC|USinOs Of Law as recommended by the Planning C0OlrDi8GiUO.
together with Condition # 33: '`N18XimU0 \oOd coverage by buildings shall be thirty-five percent
/35%\. Vote: AveS— Pickett, Adams, Richo[dSon, Geer, HDb0y, and Petrimh. K8oboD carried.
There being nOfurther business, atapproximately S:00p.m.the Mayor adjourned the regularly
scheduled meeting of November 20, 2006.
Steven D. H46nd, City Clerk -Treasurer
&V�JJ4,vi .61
Councilmember
V. 0., &J�IA
H. Dean Maxwell,/Mayor/
2063
DECEMBER 4, 2006
At 7:30 p.m., Mayor Maxwell called the regularly scheduled meeting of Monday, December 4,
2006 to order. Roll call found present Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams,
Bill Turner, Cynthia Richardson, and Brian Geer. Roll call was followed by the Pledge of
Allegiance.
Minutes of Previous Meetinq
Mr. Petrish moved, seconded by Mr. Adams, to approve the minutes of October 16, 2006 and
November 6, 2006 as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer,
and Hoboy. Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
'Mayor/Council Communication',
The Mayor announced that there will be a Port/City Liaison Committee meeting on December
5th at 8:30 a.m. in his office.
Mr. Rick Harvey, Operations Manager, reported to Council on the recent snow events. Mr.
Harvey explained that the crew maintains 120 miles of roadway within the City limits; during a
storm, the crew has a window of about 12-24 hours to remove the snow before it turns to ice.
City equipment includes two 5 -yard sanders and one 2 -yard sander; one sander has a plow and
a road grader. The streets are cleared using a priority system: priority 1 main streets are
cleared continually until they're passable. Priority 1 also includes entrances and exists for the
hospital, police and fire facilities, and schools. Priority 2 roads are neighborhood collectors,
hills, and curves; those streets are then cleared continually until passable. Priority 3 streets are
in residential neighborhoods. There are also emergency situations requiring that the equipment
be pulled off the priority jobs. After the event, the crews are then busy with sweeping the
streets. Mr. Harvey reported that in spite of the storm, sanitation crews were able to follow
through with their routes. The Mayor and Council sent a special thanks to all the members of
the Public Works crews who worked round the clock to protect the community.
Public Works Annual "Excellence in Infrastructure" Awards,
Mr. Fred Buckenmeyer, Deputy Public Works Director, presented the second annual Excellence
in Infrastructure Awards. One development and one capital improvement project are singled out
for this recognition. The private development award goes to the Orchards, a 60 lot -subdivision
at 41St Street and "H" Avenue. Notable project improvements are: regional detention facility;
1,000 lineal feet of forestland buffer; offsite sidewalk extension; dedication of 5 acres of open
space; and restoration of Ace of Hearts Creek. The developer, Mr. Scott Irving, maintained an
excellent relationship with the neighborhood and was quick to respond to Public Works
Department punch list items. Mr. Irving and Mr. Craig Decker accepted the award to a standing
ovation.
The capital project award goes to City of Anacortes sewer pump station # 15 at the intersection
of 12th Street and "B" Avenue. Improvements include a larger wet well, new manholes, and new
grinder. Mr. John Franz, Wastewater Treatment Plant Manager and plant staff took on this
project when the bids for this project came in over budget. Using the expertise of the plant
workers and other city employees, the project was completed under budget and on time. The
project was completed in the safest manner possible and saved the citizens over $200,000 in
construction costs; additionally, there will be ongoing energy savings. Everybody in the
wastewater, operations, and engineering divisions played a part in the success of this project.
Of particular note was Mr. Dave Walde, Public Works Construction Inspector, who ran the
excavator for this development. Mr. Franz accepted the award to a standing ovation.
Museum Advisory Board Appointment: Libbv Walqamott,
Mayor Maxwell introduced Ms. Libby Walgamott; Ms. Walgamott applied to the Mayor's office to
be considered for the Museum Advisory Board position vacated by John Killingsworth. The
Council previously reviewed Ms. Walgamott's application and resume. With that, Mrs.
Richardson moved, seconded by Mr. Hoboy, to confirm the appointment of Ms. Libby
Walgamott to the Museum Advisory Board. Vote: Ayes — Pickett, Adams, Turner, Richardson,
Geer, Hoboy, and Petrish. Motion carried.
Final Acceptance: Stevenson/Thompson Road Sewer Proiect
Mr. Fred Buckenmeyer, Deputy Public Works Director, presented a request to Council to accept
the Stevenson/Thompson Road Sewer Project as complete. The extension will serve over 90
�� o� �� �
� |0 �� ��
DECEMBER 4, 2006
acres ofund8Vo|ODedpn]pe�vvv�hinthe (�hv|iDl�s conl[debOQseVVa[Sen�c8hothe annexation
area. The area i� between SR2O and Stevenson Road from Reservation Road b3Thompson
RO8d, Mr. BuCkeOmey8rDoted that the property oVvDe[S cooperated with the City to secure
easements at no cost; approximately $42O.00Onfthe contract cost has been reimbursed by
Skagit County. The $32.597.81 Change order is attributable to the need to repave larger
portions of eVensoO Road than originally anticipated; also, addit\0n8l traffic control was
required to provide a larger safe work area. After discussion, Mr. Turner moved, seconded by
Geer, toapprove Change Order #1inthe amount of$32.597.81. Vote: Avea—Adams.Turner,
Richardson, Geer` HVboy, Pet[ish. and Pickett. Motion carried. K8[ P8triGh then DlOVad'
seconded by Mr. Hoboy, to accept the Steve naon/Thomp80n Road Sewer Project as complete.
Vote: Ayes —TVrner. Richardson, Geer, HOboy, Pet[ish. Pickett, and /\daOnS. Motion carried.
Final Acceptance: SkvDine Division GOverlavF»roiect
Mc Fred Buckenrneyer, Deputy Public Works Director, presented a request to Council to accept
the Skyline Division 0Overlay Project aeconlp|ete. The work has been inspected and the City
has full and unrestricted use and benefit ofthis facility. K8[. Buckenrneyerexp|ained that flat
gnsdea, difficult overlay for multiple driveways, improvements to the edge of the mopha\t, and a
lack ofdrainage conveyance all provided challenges. The City's Project Manager, &8r. Lyle
Davis, and the contractor, Rinke[ Materials, worked closely with the neighborhood; the work was
completed ontime and OObudget. The Mayor thanked the Skyline Division 8neighborhood for
their support and cooperation. After discussion, Mrs. Pickett moved, seconded by K8[ FzBt[ish'
to enoe[t the Skyline Division 6 Overlay Project as complete. Vote: Avee— Riohordaon, Geer,
HVbOy'pet[imh`Picket, Adams, and Turner. Motion carried.
Consent Aqenda
Mr. Hoboy moved, seconded by Mr. Geer, to approve the following Consent Agenda item. Vote:
Ayes — Geer, Hoboy, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
/\Dio[ova\of of
Council voted unanimously that the following vouchers/warrants audited and certified by the
{}Kv'S Auditing Officer (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee on November 30. 2000 are approved for payment as of this date
December 4.2QO6.
Claims Warrants
November, 2OOO:Warrant Numbers 39003through 39150iDthe total amount of $892'082.05
EFT
November, 2008: EFT Numbers 38998 through 89002 in the tote/ amount of$720.84
Payroll # 1 for December 1. 2006 in the total o0oUOt 0f$054.828.72
Warrant Numbers 3OD85through 3O13Ointhe total amount Of$23O.244.38
Direct Deposit Numbers 2O516through 2OO18iDthe total amount Vf$203.S11.85
EFT Numbers O8Othrough 641inthe total amount of$18O.67271
Ordinance: Limitinq Parkinq Impound '
Police Chief Mike King presented an Ordinance to Council for review and adoption; the
Ordinance was previously reviewed b«Council inStudy Session. Chief King explained that the
proposed technical correction would o\|Vvx Public Safety personnel to implement the City's
parking restrictions now in force. Without this amendment language, before impounding a
vehicle the City would be required towait an additional 24 hours beyond the current 72 -hour
waiting period. On a question from Mrs. Richardson, Chief King described the extensive staff
process used to encourage owners to bring a vehicle into compliance rather than have their
vehicle impounded. A number of questions fOUOvVed regarding the definition of "abandoned
vehicle." With that, Mrs. Richardson nnovad, seconded by Mr. Turnar, to adopt Ordinance No.
2754 entitled "An Ordinance Amending Section 1 of Ordinance No. 1830 Relating to Limiting
Parking on Streets and /\venV9S within the City ofAn@corteS." Vote: /4/e8 — HobOy` PethSh,
Pickett, Adams, Turner, Richardson, and Geer. Motion carried.
Affordable Housinci Committee: Next Steps
Mr. |@n N1Unce' Planning Director, Deported to Council that 13 nmDnoS togethervvbh supporting
information have been submitted in response to a call for volunteers to serve on the Affordable
Housing Citizen Advisory Committee; the 14m representative will o0nne from the Housing
Authority. Mr. KUunce said that [}@vo Prutznnan. Rex Orkney, Don CoVgh|in, and Terry
Christiansen have also submitted their names for consideration. Mr. K8unoa explained that the
Committee meetings will center on a specific work program and will be open to the public with
advance notice. Council discussion followed regarding establishing a balance of interests
amongst the Connrnh±ee membership. Mr. K8unoe suggested that spaces be held for the
DECEMBER 4, 2006
following categories: School District, Community Action, Hospital, and Anacortes Family
Sheltar. Council also discussed place holders for the Food Bonk and the nnohne trades. Mr.
Munce will follow up in two weeks.
Resolution: Adoption of Updated Barqaininq Aqreememtwith lAF1537
Fina Chief Richard Curda, presented a progress report on establishing port time fire
protection/EMS service in the March Point area. The City's 2007 Budget a|{0vvs for this
expansion toinclude additional personnel and temporary facilities; 5 additional personnel will be
hired to staff the new facility. The temporary 12- hour service from 8:00 a.m. to 8:00 p.m. will
improve the insurance ratings in that area and will significantly reduce response times. Through
a series of slides, the Chief highlighted the Fida|Qo Island 85 -square mile service area which
includes 25.000 residents (service is also provided to Guemmea Island residents). These
proposed improvements will support the current negations with other providers for even greater
oan/ioe levels. Further. Shelter Bay, an area with a high need of medical een/iceo, will be
greatly assisted bythe new services; response time will becut inhalf. Chief Curtis also referred
to the City -owned 4.3 acnes as a potential regional training site. Discussions are also ongoing
with Fire District # 13 to co -locate equipment at Fire District # 13. Another plus is the
opportunity for Boundary Drops with Summit Pork Fire [}apartment and Skagit Central Medic
One,
KVa. Emily Schuh, Human Resources Direcbxr, reported onthe successful negotiation pn»cmaa
on the updated Bargaining Agreement with IAF 1587. Ms Schuh pointed out that an executed
agreement will ai|ovv the [}Uv to move forward with hiring and implementing the expanded
services. After discussion, Mr. Geer 0oved, seconded by Mr. Admms, to adopt Resolution No.
1732 entitled ')4Resolution Approving o Revised Labor Agreement byand between the City of
Anacorteo and The International Association of Firefighters Local 1537." Vote: Avee— Petheh,
Pickett, Adams, Turner, Richardson, Geer, and HVboy. Motion carried.
Public Works Annual Year-end Brieknq
K8[ Fred Buckenmeyer, Deputy Public Works Director, reported that, during 2000. the
department held fast tothe mission statement to operate and maintain a robust infrastructure in
order to maintain and improve the quality of life for the community. Mr. Bucken0eyer gave m
detailed report ofthe following: organizotional chart; spring open house; substantial storm
impacts; use of emergency operations center; mmbar system updates; cooperation between
multiple departments on Pump Station # 15; incinerator feed line; sludge management u|oae;
etonnvvaberand 97 detention ponds; Ace of Hearts Creek; updating StormvvmterConnpraheneive
Plan; water quality improvements; 120 rn\>eS Of streets; Skyline 0ViSiVO # 6; Sunset Avenue;
sidewalk replacement; downtown aidavva\h replacement; development projects; Rock Ridge
South; Guemeo Channel Trail; developments on Oakes Avenue; solid waste; and fleet service.
Council thanked Mr. Buohenrneyarfor his presentation; Mr. Willie LaRue, Water Treatment
Plant Manager, fielded questions from the Council.
K4r. Ian K8unce' Planning Dirador, explained that the Council will be receiving a staff report prior
to the December 11 m Public Hearing on issues raised on the Shoreline Master Plan; K0c K8unma
also explained the dual Plan approval relationship between the City of Anacorteo and
Department ofEcology.
There being nofurther business, sdapproximately 9:00 p.m. the Mayor continued the regularly
scheduled meeting of December 4, 2006 to the evening of December 11, 2006 at 7:30 p.m. for
the purpose ofconducting the Shoreline Master Program Public Hearing.
December 11,20g8—Continued &OeeKncimfDecember 4L2006
Mayor K8axvveU reconvened the continued meeting of December 4, 2008. Roll call found
present: Loren Hnbov, Nick Fratrah, Erica Piohett, Brad Adorne, Bill Tunnar, Cynthia
Richardson, and Brian Goer. The Mayor then opened the Public Hearing to take testimony on
the Shoreline Master Program update. The proceedings are ontape and filed atCity Hall.
After all testimony, the Public Hearing was closed and the Mayor then continued the meeting ho
Monday, December 1O.2OOGai7:OOp.m.inorder toconduct an Executive Session for aPolice
negotiation update.
eve 9d, City Clerk-Treasu
St' n D. H H. Dean Maxwell, qayor
CAOUnci =;
2066
DECEMBER 18, 2006 — CONTINUED MEETING OF DECEMBER 11, 2006
At approximately 7:00 p.m. the Mayor opened the continued meeting of December 11, 2006. All Council
members were present. The Council then convened in Executive Session to discuss police negotiations.
At approximately 7:30 p.m. the Council reconvened and without taking any further action, adjourned the
continued meeting of December 11, 2006.
DECEMBER 18, 2006
At 7:30 p.m., Mayor Maxwell called the regularly scheduled meeting of Monday, December 18, 2006 to
order. Roll call found present Loren Hoboy, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia
Richardson, and Brian Geer. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinq
Mrs. Pickett moved, seconded by Mr. Petrish, to approve the minutes of November 20, 2006 as if read.
Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and Hoboy. Motion carried.
Citizen Hearings
Ms. Patti Pattee, 1302 6'" Street, program where an entire town reads the same book; this has proved to
be effective in promoting provocative community discussions. In the new year Ms. Pattee hopes to
recommend book titles for Anacortes to consider reading. In that regard, Ms. Pattee recently discovered
a book germane to some of the land use decisions the City Council now faces and recommended that the
Council read Stacey Mitchell's, The Big Box Swindle. Ms. Pattee then presented the Councilmembers
and Mayor with a copy of the book. The Mayor and Council thanked Ms. Pattee.
Mayor/Council Communication,
Planning Commission Reappointments
Mayor Maxwell explained that the Planning Commission terms of Bertis Rasco and Larry Nelson will
expire on December 31, 2006; both Commissioners are willing to serve if re -appointed. Thanking both
gentlemen for their service to the community, Mrs. Richardson moved, seconded by Mr. Adams, to
confirm the reappointments of Bertis Rasco and Larry Nelson to the Planning Commission. Vote: Ayes —
Pickett, Adams, Turner, Richardson, Geer, Hoboy, and Petrish. Motion carried.
The Mayor reported that the Public Works Department submitted a grant application through the
Pedestrian and Bicycle safety grant program; the application focused on the Guemes Channel Trail and
associated safety improvements. Anacortes ranked seventh in this very competitive statewide grant
process; the City anticipates funding in the 2007-2009 biennium.
The next update centered on last week's wind storm and Sugiyo fire; the Mayor reported that City crews
fought the fire in 60 mile/hour winds. With assistance from Mt. Vernon, and great response from the
Anacortes Fire Department, the fire was brought under control; Sugiyo plans to be operational within two
weeks. The Police Department and operations crews also spent a long night dealing with power outages,
a drifting Guemes Island ferry, and downed power lines. The Mayor was pleased to report there was no
infrastructure loss during the storm. The water and wastewater facilities functioned perfectly with backup
systems; additionally, PSE was very responsive during the outages and brought in out-of-state crews in
anticipation of storm damage. Also, Police Chief King warned those citizens without power to protect
themselves against carbon monoxide poisoning while using alternative heat sources.
Mr. Ian Munce, Planning Director, reported on the proposed Affordable Housing Citizens Advisory
Committee representation: 14 named individuals previously recommended and 7 reserved spaces from
the following groups: Anacortes Family Shelter; Anacortes School District; Skagit County Community
Action Agency; Island Hospital; Anacortes Food Bank; a representative from the marine trades; and a
representative from City Teamsters. Mr. Adams expressed an interest in participating on this Committee.
With that, Mrs. Pickett moved, seconded Mr. Turner, to approve the Affordable Housing Citizens Advisory
Committee comprised of the 14 named individuals, 7 additional groups, and Mr. Brad Adams
representing the City Council. Vote: Ayes — Adams, Turner, Richardson, Geer, Hoboy, Petrish, and
Pickett. Motion carried.
Ordinance: 2005/2006 Comprehensive Plan and Development Requlations
Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. The
Ordinance incorporates the Council approved amendments to the Comprehensive Plan and Development
Regulations. Mr. Munce drew attention to a clarification in the Land Clearing language: Attachment E,
item (D) adds: "Failure to comply will result in a ban on subdivision of the parcel in question for a period
of 5 years from the date of violation, in addition to other penalties under City Ordinances." Mr. Munce
then highlighted editorial changes submitted by Mrs. Richardson. With those clarifications, Mr. Hoboy
moved, seconded by Mr. Geer, to adopt Ordinance No. 2756 entitled "An Ordinance Amending the
Development Regulations for the City of Anacortes." Vote: Ayes — Turner, Richardson, Geer, Hoboy,
Petrish, Pickett, and Adams. Motion carried.
Ordinance: 2007 Comprehensive Plan Adoption
Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. Mr.
Munce explained that the last complete review of the City's Comp Plan occurred in 1993; there have been
DECEMBER 18, 2006
annual updates since that time. After several citizen group noeaUnQa. Planning Commission and City
Council public hearings, the draft document now before Council reflects the policy direction the
community will take. K8c W1unoe reported that the difficult issue was the question of large scale retail;
also, no comments on the draft Plan were received after the State of Washington 60 -day agency review.
The new Plan language would allow discussion next year Vn larger scale retail proposals; residential
zones can remain with their current character, These new policies will also lead toaseries ofworkshops
in which the Council and public can further develop and define development issues. After discussion, Mr.
Geer moved, seconded by Mr. Hnboy, tuadopt Ordinance No. 27S7 adopting a New Comprehensive
Plan. Vote: Ayes — Richardson, Geer, Hnbuy.Patriah.Pickett, Adams, and Turner. Motion carried.
Paulson Easement Purchase Reauamt
KAc Ian W1unce. Planning Director, introduced a December G. 2006 letter from Mc Brad Paulson outlining
his noepunes to the Council's proposal to forgive a portion of the $23'000 com 'aat n required for the
relinquishment of15'nfau�Utyeasement adjacent tohis pnope�yot232G11"Street. \nthe letter, Mr.
Paulson asks the Council to consider his original request to purchase the 15' easement. Mrs. Pickett
suggested that a site visit and further investigative work from staff will be needed in order to access the
potential at this location for public access. Council agreed and staff will prepare background information
prior toosite visit tnheheld later inJanuary. Cuunci/nnennberethanked Mr. Paulson for his thorough and
informative letter.
Consent Aqemdo
Mrs. Richardson moved' seconded by KAna. Pickett, to approve the following Consent Agenda hann. Vote:
Ayes — Geer, Hoboy, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
Approval nfVouchers/Cancellation ofWarrants
Council voted unanimously that the hdkmvino audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on December 14, 2006 are approved for payment as of this date December 18, 2006.
Claims Warrants
December, 2006: Warrant Numbers 3Q1G3through 3Q33Sinthe total amount of$7OG,87O.3O
EFT
December, 2006: EFT Numbers 39158through 3Q182inthe total amount nf$GO2.00
PnewrittonC|airns
December, 2006: Warrant Number 30157inthe total amount of$16'O52.g5
Warrant Cancellation:
Warrant Number 381O3inthe total amount of$15.00
Ordinance: 2006 Budiciet Amendments
Ms. Wanda Phillips, Finance Director, presented an Ordinance toCouncil for review and adoption. If
adopted the Ordinance would reflect additional expenditures from the following funds: Parks Fund (1O1);
Library Fund (103); Washington Park Fund (107); Tourism Fund (135); Sanitation Fund (450); Equipment
Rental Revolving Fund (SO1)-and Firemen's Pension Fund (G11). Ms. Phillips then presented mdetailed
narrative on each fund amendment. After discussion, W1c Turner rnoved, seconded by Mrs. Pickett to
adopt Ordinance No. 2755 entitled "An Ordinance Amending Ordinance No. 2725 adopted on November
7 m of 2005, entitled 'An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes
and Uses for the Year 2UO6."'Vote: Ayes— Hoboy, Petrish, Pickett, Adarna, Turner. Richardson, and
Geer. Motion carried.
AHRB—Wilson Hotel Nomination to AnaomrtesRecilisterefHistoric Places
Mr. Garry Cline, Museum Director, presented a request for Council action to place the Wilson Hotel on the
Anaoortms Local Register (ALR). TheAn000rtea Historic Preservation Board reviewed the application
from Wilson Hotel Housing, LLC and voted unanimously to raunnnnnend approval of the application, Mr.
Cline explained that the Wilson Hotel has been a prominent inoa/ landmark since 1880. With that. K8na.
Richardson mnnved, seconded by Mr. Petrish, to confirm the p|om*rnent ofThe Wilson Hotel on the
Anouortea Lnoe| Register (ALR). Vote: Ayea— Pathsh' Pickett, Adomna, Turner, Richardson, Geer. and
Hoboy. Motion carried.
Reamest for Approval: Consultants for Old Town@umev of Historic Places
Mr. Garry Cline, Museum Director, presented a request to Council for authorization to enter into a contract
for the development ofa aunxay of historic properties in the Old Town area. K8c Ian K8unme clarified that
homes will not be |iebyd on the survey without the permission of the home owner. Mayor Maxwell also
pointed out that the associated consultant costs will be paid for by o CLG grant from DAHP. With that,
Mr. Geer moved, seconded by Mr. Turner' to authorize the Mayor to enter into an agreement by and
between theAnocortea Historic Preservation Board, Julie Ko{orond Mildred Andress (consultants) in an
amount not to exceed $10,000 for the development of a survey of historic properties in the Anacortes Old
Town area, Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, Hohoy.and Perish. Motion carried.
Resolutions (3): Update Procurement PoOcv
K8n. Wanda PhiUips, Finance Director, presented three Resolutions to Council for review and adoption. U
DECEMBER 18, 2006
noted that this Council action would approve an updated Purchasing Policy and allow for Finance to
update policy yearly; would authorize the Mayor to execute contracts under $30,000, repealing Resolution
1301; and would establish a vendor list. All documentation was previously reviewed by the Council
Finance Committee. After discussion, Mr. Hoboy moved, seconded by Mr. Turner, to adopt Resolution
No. 1734 entitled "A Resolution Adopting the City Purchasing Policy"; Resolution No. 1735 entitled "A
Resolution Adopting Amendments to the Policy for City Contracts and Repealing Resolution 1301"; and
Resolution No. 1736 entitled "A Resolution of the Council of the City of Anacortes, Washington,
Establishing New Procedures Relating to Purchasing; Establishing a Vendor List Process for the
Purchasing of Supplies, Materials, and Equipment." Vote; Ayes — Adams, Turner, Richardson, Geer,
Hoboy, Petrish, and Pickett. Motion carried.
Resolution: 2007-2008-2009 Non -Commissioned Police Baraainina Agreement
Mr. Hoboy moved, seconded by Mr. Petrish, to adopt Resolution No. 1733 entitled "A Resolution
Authorizing Execution of Bargaining Agreement by and between the City of Anacortes and the
Noncommissioned Police Services Guild". Vote; Ayes — Turner, Richardson, Geer, Hoboy, Petrish,
Pickett, and Adams. Motion carried.
The Mayor said a decision would be forthcoming on the cancellation of the January 2, 2007 meeting.
There being no further business, at approximately 9:00 p.m. the Mayor adjourned the Anacortes City
Council meeting of December 18, 2006.
17/
Steven D. Hog4Gnd, City Clerk -Treasurer H. Dean IVIZ 1, /la or
Y
_ �
Councifinember