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January 7, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of January 7, 2008 to order.Roll call
found present: Kevin K8cKoovvn' Nick Pethoh, Erica Pickett, Brad Adarna, Bill Turner, Cynthia
Richardson, and Brian Geer. Roll call was followed by the Pledge of Allegiance.
Minutes ofNovember 5'2OO7,November 18,20Q7.and December 3'3UD7
Mrs. Pickett moved, seconded by K8c Gear, to approve the minutes ofNovember 5. 2007' November 19.
2007' and December 3, 2007 as if read. Vote: Ayeo— Pothsh. Pickett, Adams, Turnor, Richardson, Geer.
and McKeown. Motion carried.
CitizenHmarinqs
No citizens present wished to testify on matters not on the agenda.
KAavmr/CoumcdCnnmnounicatkzn
K8c Steve Hoglund, Finance [Urector, administered the Doth of Dffioe for Counoi|mennbera Kevin
McKeown, Nick Petrish, and Brad Adams.
K8c Pethah. outgoing Mayor pro tem' called for nominations for Mayor pro tern for a two-year term. K8r.
Adams nnoved, seconded by Mrs. Pickett to nominate Mrs. Richardson. Vote: Ayes — Pickett,Adonna.
Turner, Richardson, Geer, KAoKeovvn. and Pathsh. Motion carried. W1na. Richardson will appoint Council
committee members otthe next regularly scheduled meeting.
The Mayor announced that there will be a Port/City Liaison Committee meeting tomorrow morning at 8:30
a.m. at the Port office; K8c Turner, yWna. Richardson, and Mrs. Pickett (interim only) will attend the
meeting.
Looking forward to a successful 2008. the Mayor thanked all community volunteers for their continuing
support of this great community.
Old Town DasimnStandards: Consultant Contract
W1c Ian K8unce. Planning Oinecbzr, presented a draft contract and scope of work with LK8N Architects
(Mark Hinshaw) for the "Old Town" design standards project. &1r. K8unme explained that when the City
adopted its new Comprehensive Plan policies were put in place preserving the character of older
neighborhoods. In keeping with that goal, the Council will hold o Public Hearing on January 28th tn review
the interim oonbn(a put in place regarding "{}|d Town" Mr. K8unoo clarified that the design standards
reviewed thus tar relate to pitched moot character of the buUding, alley accoms, and basic zoning
considerations. Mrs. Richardson said that the consultant can help gather information to start the
discovery process. Staff recommends approval of the contract with Mr. Hinehaw, a recognized leader in
design standards. This contract expenditure is not in the budget; however, based on the groundswell of
support from the oornrnunity, the proposal hos been placed before Council for support. Discussion
followed regarding the definition ofa"historic diatriot'
With that, Mrs. Richardson moved, seconded by Mrs. Pickett, to authorize the Mayor to enter into a
contract with LK8N Architects in the onlourd of $30,000 for the "Old Town" design standards project. Mrs.
Pickett emphasized that, as a result of this effort, the City will have an assessment of the character of the
district and will be able to develop some overarching objectives and principles - all useful tools in the
planning process. Mr. McKeown inquired into the consultant selection pnomaeo and contract details. Mr.
Pethsh spoke in favor of the motion. Mr. Adams suggested that the scope of work include all of
Anmoortes; Mr. K8unne supported that concept but responded that it was important to start this process
with a defined area. Vote: Ayes —Adanno. Turner. Riohandaon, Gaer, McKeown, Petrish. and Pickett.
Motion carried,
ConmantA#eoda
K8r. Petheh moved, seconded by K8c Geer to approve the following Consent Agenda items.
Vote: /\vaa — Turner, Riohardaon, Geer, McKa0vvn, Psthoh. Pickett, and Adams. Motion
carried.
AiDorov@|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 December 20, 2007. December 27, 2007. and January 3' 2008 are approved for payment
asofthis date January 7,2OO&
Claims Warrants
Dec.2007: Warrant Numbers 44241through 44408inthe total amount of$9Q1.888.81
PrevvhttenC|airns
Jan.2008: Warrant Number 4424Ointhe total amount ofS1.228.35
Pavro||December 2O.2007inthe total amount of$478.726.73
Warrant Numbers 3174Othrough 31788inthe total amount of$40.024.23
Direct Deposit Numbers 24724through 24887inthe total amount of82G7^S75.14
EFT Numbers 7Q4through 7QQinthe total amount of$1GO.827.3G
PaYvo||Jmnuan/4.20O8inthe total amount of3719.288.5O
Warrant Numbers 3178Sthrough 31851inthe total amount of$23S'O88.21
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JANUARY 7, 2008 - CONTINUED
Direct Deposit Numbers 24888 through 25002 in the total amount of $273,879.93
EFT Numbers 769 through 805 in the total amount of $206,320.36
Cancelled Warrants:
Claims Number 40757 in the amount of $56.00; Claims Number 43257 in the amount of $3,348.00; and
Claims Number 43078 in the amount of $500.00
In the same motion Council:
Accepted the Paving for Pump Station 12 Project at 5th Street/Cap Sante (07-031-TRN-001) as complete
thereby initiating the mandatory lien period; and
Accepted the Northwest Pipe Company pipe procurement contract (Segments 5 and 6) as complete
thereby initiating the mandatory lien period.
Chandler Encroachment Appeal
Mr. Ian, City Attorney, initiated the review of an appeal of his decision to deny an Encroachment
Agreement application submitted by Mark and Sharon Chandler, 3004 West 3'd Place. The Chandlers
installed landscaping to the north of their home on the adjacent portion of undeveloped West 3`d St.
Concerns from the neighbors regarding height and access issues necessitated an Encroachment
Agreement between the Chandlers and the City. If approved, the Agreement would give assurances that
the City has a right to require the improvements be removed if necessary, and assurances to the
Chandlers that the landscaping can be installed with some expectation that the improvements can
remain. Neighbors were notified of the application and invited to respond; two letters of objection were
received regarding landscaping. The neighbors wanted to know: if the trees grew to a substantial height
would the City be responsible for maintenance? Mr. Munce asked for Council's direction regarding due
process and public notice considerations with regard to this appeal. Having reviewed the background
material, Mr. McKeown suggested removing the 4 trees and that the Chandlers prepare a restrictive
maintenance easement. Mrs. Pickett pointed out that access was also an issue raised by a neighbor.
Mr. Geer suggested that a Public Hearing and site visit should be part of the decision process. Mr.
Munce offered that a site visit could be held on the afternoon of January 22nd with notices to those in the
vicinity and on the record. With that, Mr. Adams moved, seconded by Mr. McKeown, table this matter in
order to hold a site visit at 3:00 p.m. on Tuesday, January 22, 2008 at 3004 West 3`d Place, and to notify
appropriate property owners of a Public Hearing on the evening of January 22nd. Vote: Richardson,
Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
Marine Heiahts Prot)erty Disposition
Gary Robinson, Parks Director, explained that the Marine Heights Development approval included a
provision for access to the forestlands between 4209 and 4213 Marine Heights Way. This particular
access is not in use and more favorable access points in the area have been established. The City has
discussed the possibility of selling this property to adjacent land owners; the Forest Board supports
selling a small portion of the property and recommends securing an Encroachment Agreement over the
remaining piece. In that regard, Mr. Jim Fourness, 4213 Marine Heights Way, would like to purchase a
30' x 15' piece in the amount of $8,865.00; this proposal was previously reviewed by Council in Executive
Session. Also, the Homeowners Association supports this action. With that, Mr. Turner moved,
seconded by Mr. Adams, to approve the sale (to Mr. Jim Fourness) of a 30' x 15' portion of the Marine
Heights access between 4209 and 4213 in the amount of $8,865.00. Mr. Robinson answered Mr.
McKeown's question regarding other parking access points in the area. Vote: Ayes — Geer, McKeown,
Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
Resolution: Promotina Use of LEED Standards and Green Buildina
Mr. Don Measamer, Assistant Planning Director, presented a Resolution to Council that responds to a
growing community interest in green building issues. With adoption of this Resolution, City staff would be
able to put together resources for home owners, developers, and builders to encourage them to go further
than what the codes now require to address environmental concerns; the City's current adopted codes
include minimum design standards. This would provide an opportunity for developers to take a new
development path with energy saving techniques. On a question from Mr. Adams, Mr. Measamer
explained that LEED stands for Leadership in Energy and Environmental Design. With that, Mr. Turner
moved, seconded by Mr. Geer, to adopt Resolution No. 1752 entitled "A Resolution Promoting the Use
of LEED Standards in the Construction and Renovation of City Buildings and in the Construction
Practices of the Private Sector." Vote: Ayes — McKeown, Petrish, Pickett, Adams, Turner, Richardson,
and Geer. Motion carried. Mrs. Richardson suggested that a resource center could be established at the
Library containing this type of information. The Mayor and Mrs. Pickett complimented Mr. Measamer and
the Building Department for bringing this issue to the forefront.
At approximately 8:30 p.m. Mayor Maxwell continued the January 7th meeting to Tuesday, January 22,
2008 at 3:00 p.m. in order to conduct a site visit at 3004 West 3`d Place relative to the Chandler
Encroachment appeal.
dim ter.
Steven D. oglund, City Clerk -Treasurer H. Dean Maxwell, Mayor
Councilmember
City Council Minutem-January 22, 2008
Continued from January 7, 2008
The continued meeting of January 7, 2008 was reconvened at 3:00 p.m. on Tuesday, January 22, 2008 in
order to conduct a sitevisitrelative to the Chandler Encroachment Appeal. Participants et at 3004
West 3rd Place; no testimony was taken. At the conclusion of the site visit the continued meeting of
January 7. 2008 was adjourned. Deliberation on this matter will resume at the regularly scheduled
nu
evening meeting of January 22
City Council Minutes -January 22' 2008
At 7:30 p.m. Mayor K8axvveU na||ad the regularly scheduled meeting of January 22. 2008 to order. Roll
call found present: Kevin McKeown, Nick Petrish, Erica Piokett, Bred Adarno, Bill Turner, Cynthia
Richardson, and Brian Geer. Roll call was followed bythe Pledge ofAllegiance.
Minutes ofPrevious K8eat\nqs
Mr. Geer moved, seconded by Mr. Adams, that the minutes of December 17. 2087 be approved as if
read. Vote: Ayes - Pethsh' Piokett, Adenne, Turner, Richardson, Geer. and McKeown. Motion carried.
CitizanWemrimqo
No citizens present wished to testify on nnottena not on the agenda.
K8avor/CmuncO Communication
Annual Excellence inInfrastructure Awards
Mr. Fred Buokenmeyer, Public Works Director, explained that the City recognizes one public and one
private development project each year with an Excellence in Infrastructure Award. (The recipients of this
year's private project will be recognized at the next City Council meeting). As part of the selection
process, the City's Development Review Group nominates o series of projects; this year's nominee for a
public project is the Sunset Avenue Improvements. For e number of years, Sunset Avenue has been a
popular route toWashington Park for joggers, bikens, and campers. During cnnotruntinn, e geotechnical
investigation showed that the north side of the road was not solid nooh and all utilities had to be moved,
Addidona/|y, o new 4" gas line was installed; radi-rockvvaa used for the wall construction; the storm newer
was nep|aoed� the City partnered with private developers to design the project; and the entrance to the fire
station was revamped. Ater showing before and after slides of the finished project, Mr. Buokonmeyar
recognized K8s. Tani Stafford and CE(] Tom Zarke| of Gray and Osborne; Mr. Hugh Davis, Co|oourcio
Brothers Construction; and Mr. Lyle Davis' the City's Project Manager. They were all presented with
commemorative plagues together with u standing ovation for their contributions to this outstanding
project. Mayor KAaxvvaU said these upgrades have vastly improved pedestrian and vehicles safety; he
also thanked all the neighbors in the Sunset Avenue vicinity for their tolerance and cooperation during the
project development.
Council Committees 2OU8-2O0g
Mayor pro tem Richardson appointed the following Council Committees: Pub|ioSafetvCommittee- Nick
Petheh, Brion Gaer, Bill Turner; Public Works Committee - Brad Adonns, 8i|\ Turner, Brian Geer;
Personnel Committee - Brian Geer, Brad Adams' Nick Petrish; Parks and Recreation Committee- Kevin
K8cKenvvo, Nick Petrieh, Brad Adams; Port/Citv Liaison Committee - Cynthia Riohandnnn, Bill Turnor,
Erica Pickett; FinanoeConnrnittee-Ehco Pickett. Kevin McKeown, Brad Adams; and P|anninm Committee
- Bill Turner, Ehoe Piokett, Cynthia Richardson. In addition to these responsibilities, Council members
serve nnthe following committees and groups: Solid Waste Municipal Committee - Bill Turner Tourism
Promotion Grant Prnqnenn - Nick Petrioh, Cynthia Riohnrdonn, Brien Geer; Traffic Safety Connmittee -
Kevin K8oKaovvn' Brian Gaer, Erica Pickett; Historic Districts P|anninn Gnouos- Cynthia Riuhnrdaon, Nick
Pethsh; Depot Site Development Committee -Cynthia Richardson; Street free Adviaon/ Board - Erica
Pickett; Marine Resources Committee - Erica Pickeft� Communitv Land Trust, - Erica Pickett.
Ordinance: Vacatinq Allev in Block 3. Stewart's First Addition - San Juan Care
Mr. Ian K1unue. Planning Oinautor, presented an Ordinance to Council for review'and adoption The
vacation of this right-of-way was approved by Council in November 2003 with the proviso that two areas
of concern be resolved prior to final adoption: (1) sanitary sewer main; and (2) sanitation pick-up. The
applicant, Son Juan Cane Center, requested the alley vacation tnaccommodate a much needed facility
expansion. Pursuant to Ordinance No. 1734, compensation for the right-of-way vvms set at $42,264 - and
vvi|| be due and payable prior to finalization, Following the Council's decision for tentative approval, Gan
Juan Care worked on the facility design and financing. In a January 2. 2008 memorandum, --'-'ven
Lange of the Public Works Department indicates that the two areas of concern have been resolved.
'��� -'~K8s
Pioke�pointed out that she vvou|dlike tofocus onefuture park orgreen area for the vvasher--'`�fthi'
alley. With that. yNc Geer mowsd, seconded by Mr. Pathah, to adopt Ordinance No. 2777 -�- ~ "A~
Ordinance Vacating a right-of-way of Certain Portion ufthe AUey of Block 3, Stewarts First Addition
together with Portion of the Alley of Nelsons First Addition to the City of An �e Skagit
' ~~ ''
aco a kagt County
Washington." Vote: Ayeo' Pioke�, Adanna, Turner, Richardson. Geer,` McKeown, --d' -`thmh. ~ Motion
Solid Waste Interlocal AmreemnemtAmendment
K8c Fred Buokennneyor, Public Works Dinsobor, reported that the proposed Solid Waste Interlocal
JANUARY 22, 2008 - CONTINUED
Session. Mr. Buckenmeyer explained that at the urging of the Municipalities Committee, Skagit County
Commissioners proposed a revision to the current method of decision making related to Solid Waste
Management within Skagit County. Members of City and County staff have jointly drafted this proposed
Interlocal Agreement. A new body called the Solid Waste System Governance Board would be created to
oversee significant aspects of the County's solid waste system. Mr. Buckenmeyer then outlined the
duties and authority of the new Board. The County veto right was also discussed. With that, Mr. Turner
moved, seconded by Mr. Petrish, to authorize the Mayor to enter into the Solid Waste Interlocal
Agreement Amendment substantially as presented. Vote: Ayes — Adams, Turner, Richardson, Geer,
McKeown, Petrish, and Pickett. Motion carried.
Appeal: Chandler Encroachment Aqreement
Mr. Ian Munce, Planning Director, presented an appeal to his decision to deny an Encroachment
Agreement for Mark and Sharon Chandler at 3004 West 3rd Place. A site visit relative to this matter was
held earlier in the day. The Chandlers planted four fir trees plus a small line of evergreens in the
undeveloped West 3rd right-of-way adjacent to their property. Some of the trees planted by the Chandlers
could grow to over 12' tall thereby raising maintenance issues. Mr. Munce proposed that a recorded
easement from the Chandlers to the City for the right to remove trees over 7' tall would resolve the
maintenance issue. Neighbors have expressed concerns over height and access and are available to
testify this evening.
Mr. Mark Chandler, 3004 West 3rd Place, said that their original intent was to improve the neighborhood;
he referred to photographs taken before the plantings. He has cleared brush for years and planted trees
to improve the neighborhood. With regard to view loss, he explained that if the trees were to exceed 7'
his own water view would be blocked. Most of the neighbors thought the plantings were an
enhancement; he agreed to the 7' height limitation and appreciated Council's considering his comments.
Ms. Kim Saterlee, 3008 W. 3rd Place, said the enhancements do make the property look better and that
the height issue would be addressed with a recorded easement to the City. She also expressed concern
should the trees grow over the road beds; she asked that the roads be kept open and clear for safety
vehicles.
Mr. John Keeler, 1310 Erie Avenue, said the pine trees were planted in a bottleneck so that he can't
access the back of his property; also, a utility drop is located at the corner of his property and access to
that has been limited. His access is blocked and he asked that the subject trees be removed.
In answer to questions from Council, Mr. Chandler said that the trees were planted in the right of way with
the permission and at the request of the adjacent property owners. After discussion, Mr. Geer moved,
seconded by Mrs. Pickett to approve the encroachment agreement subject to: (1) a recorded easement
granting the City the right to remove tress over 7' tall; and (2) the two trees blocking the Keeler access
shall be moved to a location that allows access to Mr. Keeler. Mrs. Richardson suggested that this is a
reasonable compromise to the situation; Mr. Geer commended the neighbors for their cooperative
approach. Vote: Ayes - Turner, Richardson, Geer, McKeown, Pickett, and Adams. No — Petrish. Motion
carried.
Consent Agenda
Mrs. Richardson moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote:
Ayes — Richardson, Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on January 10, 2008 and January 17, 2008 are approved for payment as of this date January
22, 2008.
Claims Warrants
Jan 2008: Warrant Numbers 44472 through 44688 in the total amount of $1,641,212.64
EFT
Jan 2008: EFT Numbers 44470 through 44471 in the total amount of $420.00
Prewritten Claims
Warrant Number 44469 in the total amount of $13,410.36
Pavroll January 18. 2008 in the total amount of $504.874.69
Warrant Numbers 31852 through 31903 in the total amount of $51,594.72
Direct Deposit Numbers 25069 through 25231 in the total amount of $281,036.99
EFT Numbers 806 through 813 in the total amount of $172,242.98
In the same motion Council:
Authorized the Mayor to approve the Sunset Avenue Improvements (04-016-TRN-003) contract quantities
shown in the final Contract modification 05 dated January 16, 2008.
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JANUARY 22, 2008 - CONTINUED
Adopted Resolution No. 1753 setting February 19, 2008 as the Public Hearing date on a Petition to
vacate a portion of 25th Street; and adopted Resolution No. 1754 setting February 19, 2008 as the Public
Hearing date on a Petition to vacate a portion of the alley in Block 3, Hensler's First Addition.
Resolution: Special Market Condition Purchase of Bucket Truck,
Mr. Steve Hoglund, Finance Director, presented a Resolution to Council for review and adoption. If
adopted, the Resolution would waive the bidding requirement for the purchase of a bucket truck for City
operations. An opportunity now exists for the City to purchase a used truck for $19,500, a great discount
below the price charged for new models. Under these circumstances, the Council can invoke "A Special
Market Condition" and a "Sole Source" supplier, and waive the bidding requirement via Resolution. With
that, Mr. Turner moved, seconded by Mr. McKeown, to adopt Resolution No. 1755 declaring the
purchase of a bucket truck. Vote: Ayes — Geer, McKeown, Petrish, Pickett, Adams, Turner, and
Richardson. Motion carried.
The Highlands Final Plat
Mr. Ian Munce, Planning Director, presented a request to Council for approval of the Highlands Final Plat.
Preliminary Plat approval was granted subject to a number of conditions being met. The applicant then
installed the infrastructure and public improvements; lots cannot be sold without Council final approval of
the project. The Planning Commission reviewed the application and recommended approval subject to a
performance bond in the amount of $283,132.50. Mr. Munce drew attention to one of the project
conditions: The applicant and City were to share the costs of off-site improvements to 17th street from "D"
to "A" Avenue; subsequently the City negotiated a fair price for the developer to install all the
improvements. The State Auditor's office has raised a question as to whether or not the City should have
bid the public portion of the project; the City responded that proper practices and State Law were
followed. With that, Mrs. Richardson moved, seconded by Mr. Turner, to approve the Highlands Final
Plat subject to a Performance Bond in the amount of $283,132.50 as defined in a January 2, 2008
memorandum from Steven Lange, Public Works Department. Vote: Ayes — McKeown, Petrish, Pickett,
Adams, Turner, Richardson, and Geer.
Closed Record Meetinq: Click Conditional Use — Private Street as Access,
Mayor Maxwell initiated the Closed Record Meeting on a Conditional Use application submitted by Mr.
Randy Click to use a private drive as access for a single family residential building site at Lot E, Block
1512, Northern Pacific Addition, generally at West 6th Street and Anacopper Road. Mr. Ian Munce,
Planning Director, reviewed the criteria for the use of a private street as access. The Planning
Commission held a Public Hearing on this matter and recommended approval; staff concurs. All
exhibits, transcripts, and Findings of Fact were forwarded to Council prior to this meeting. After
discussion, Mr. Adams moved, seconded by Mr. Petrish, to approve the Findings of Fact and Conclusions
of Law for the Click Conditional Use Permit to use a private street as access. Ayes — Petrish, Pickett,
Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Closed Record Meetinq Citv Conditional Use - Pennsvlvania Park
Mayor Maxwell announced that the City has been asked to reschedule the Closed Record Meeting (and
appeals) for the City of Anacortes Pennsylvania Park Conditional Use application to Tuesday, February
19, 2008.
Ordinance: Water Rate CPI Adiustment
Mr. Fred Buckenmeyer, Public Works Director, explained that prudent fiscal planning and sound utility
management have resulted in the City's ability to keep the same water rates for almost 10 years.
However, our current and projected capital improvement plan necessitates a small increase in our rates in
order to help pay for scheduled plant expansion. The plant upgrade will cost in the range of $35 million.
Staff recommends incorporating the U.S. All City Average Consumer Price Index (CPI) adjustment to our
current water rates on an annual basis. This would increase the average residential water bill
approximately $0.30 per month. On an average, commercial customers will experience a $2.00 monthly
increase. Mr. Turner commented on the great taste and quality of our water; he commended the Mayor,
administration, and staff, on the City's efficiently run water systems. With that, Mr. Turner moved,
seconded by Mr. Geer, to adopt Ordinance No. 2778 entitled "An Ordinance Amending Chapter 13.32 of
the Anacortes Municipal Code to Increase Rates Charged for Furnishing and Sale of Water by the City of
Anacortes". Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. Motion
carried.
Bid Award: Kansas/Oakes Intersection Improvements
Mr. Fred Buckenmeyer, Public Works Director, reported that 13 bids offers were received for the Kansas
and Oakes Intersection Improvement project. The low bid was received from GG Excavation in the
amount of $155,308.95. The engineering estimate for this project is $195,386.00; work on the project is
slated to begin in the spring. Of note to the residents of the west end, the contractor will be working as
much as possible, from the upper end rather than from Oakes Avenue. After discussion, Mr. Turner
moved, seconded by Mr. McKeown to award the Kansas/Oakes Intersection Improvement project to GG
Excavation in the amount of $155,308.95. Vote: Ayes — Adams, Turner, Richardson, Geer, McKeown,
Petrish, and Pickett. Motion carried.
13th Street Outfall — Port of Anacortes Aqreement
Mr. Fred Buckenmeyer, Public Works Director, explained that at high tide sea water can back up into the
13th Street stormwater system; also, during heavy rainfall events this system has experienced surcharges
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JANUARY 22, 2008 - CONTINUED
resulting in surface contamination. After more investigation, significant amounts of petroleum
contaminate soil were discovered. In seeking a solution to these circumstances, the City and Port
partnered together to take advantage of a Department of Ecology matching fund program. A further
benefit was the utilization of the Port's existing contractor who was performing adjacent related work.
Under the matching fund program, DOE would pay 50%, the Port 25%, and the City 25%. The City's
obligation under this program is $55,000; in addition, an opportunity exists to install a much needed water
quality device estimated to cost $45,000. Mr. Buckenmeyer then gave a detailed report on the work to
be done. After discussion, Mr. Geer moved, seconded by Ms. Pickett, to authorize the Mayor to
reimburse the Port of Anacortes for the 13th Street outfall program, through our Interlocal Agreement, in
an amount not to exceed $100,000. Vote: Ayes — Turner, Richardson, Geer, McKeown, Petrish, Pickett,
and Adams. Motion carried.
At approximately 9:10 p.m. Mayor Maxwell continued the meeting to January 28, 2008 at 7:00 p.m. in
order to conduct a roundtable meeting with the recently formed South Fidalgo Community Council. At
7:30 p.m. Council will hold a Public Hearing on the Old Town Interim Standards.
,14,611--e .
Steven D. Hoglund, City Clerk-TreasurerAA H. Dean Maxwell, ayor
- ", a"
Councilmember
January 28, 2008
Continued Meetinq of January 22, 2008
Mayor Maxwell called the continued meeting to order at 7:00 p.m. Roll call found present: Kevin
McKeown, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and Brian Geer.
South Fidalqo Communitv Council / Joint Meetinq
Mayor Maxwell asked the members of the Anacortes City Council and the South Fidalgo Community
Council ("SFCC") to introduce themselves. Mr. Tom Carson thanked the City Council for the invitation
and for the letter of support. Mr. Carson discussed the draft plan the SFCC has been working on and
provided a brief overview of the plan. Mayor Maxwell stated that he is grateful that this community has
put together this council and extended an invitation for help from the City.
Ms. Cindy Walters provided information regarding a website for citizen access. The website address is
southfidalgo.org and each councilperson's e-mail address is listed for any citizen input. Ms. Walters also
stated that there will be meetings held the second Tuesday of each month at Mt. Erie Fire Station.
Mr. Bill Turner discussed a timeline for implementing the subarea plan. Mrs. Cynthia Richardson
discussed the connection between the City and South Fidalgo.
Public Works Annual "Excellence in Infrastructure" Awards
Mr. Fred Buckenmeyer, Deputy Public Works Director, presented the annual Excellence in Infrastructure
Awards for the Hillcrest short plat. Ted Anstenson of Construction Unlimited is being recognized by the
City of Anacortes for the use of a low -impact development design as part of his project. Dale Herrigstad
of Herrigstad Engineering, the engineer of record for this project, is being recognized for designing and
implementing the low -impact infrastructure in the development plans. Mr. Buckenmeyer stated that this
particular project met all criteria which is pretty unusual and went on to discuss the unique and innovative
design aspects implemented by this team. Mr. Buckenmeyer also commended Mr. Anstenson and Mr.
Herrigstad for maintaining excellent community and neighborhood relationships during this project.
Interim Zoning Ordinance 2776 "Old Town"
Mayor Maxwell commended the community for the efforts they have made to address the Interim Zoning
Ordinance 2776 regarding Old Town and the future of this area. Mr. Ian Munce, Planning Director,
provided a brief history behind the current efforts to address the "Old Town" section of Anacortes. Mr.
Munce stated that during the planning stages of the Comprehensive Plan, there was an emphasis to
recognize and preserve key parts of the historic fabric of Anacortes and the outcome was the adoption of
some explicit policies along those lines.
Mr. Munce stated that the boundaries of Old Town are up for discussion and to adopt some interim
controls that will perhaps prevent some damaging things from happening before the new design
standards are in place. Mr. Munce then discussed how interim controls work and explained the new
language of the interim ordinance and added that written comments will be taken after tonight's hearing.
With that, the open public hearing began:
Steve Cox, read a letter of support of Ordinance 2776 from the Anacortes Historical Preservation Board
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JANUARY 28, 2008 - CONTINUED
Dan Farmer, 10th & J — does not support the City Council's passing of Ordinance 2776 and asks that it be
repealed.
Eleanor Wright, 1619 6th Street - appreciates the efforts of the City Council and Planning Commission to
seek to protect the character of Old Town.
Virginia Heiner, 804 K Avenue. Supports Ordinance 2776.
Susan Mason and Richard Roth, 1609 8th Street. Support the Ordinance and moratorium. Believe the
City is on the right track.
Matt Lockney, 1211 5th Street. Supports Ordinance 2776.
Katrine Eagline, 1701 10th Street. Against the Ordinance.
Karolyne Deatley, owns 100 year old home on 6th Street. Supports the Ordinance.
Arlene French, 1411 8th Street, supports the Ordinance.
Beth Bell, 1514 7th Street, supports the Ordinance.
Warren Tessler, 1417 6th Street, asked for clarification regarding the 3,000 square foot restriction and
whether there was consideration of a height limit.
Dan Filler, 1502 7th Street. Does not agree with the interim Ordinance.
Brent Morrison, 1109 3rd Street, supports Ordinance 2776. Mr. Morrison also asked for consideration to
limit demolition as well.
Mark Nelson, 1701 10th Street. Does not support the Ordinance.
Kathy Stegman, 1319 6th Street. Supports the Ordinance
Richard & Cathy Storwick, 1510 9th Street, support the Ordinance.
Hal Rooks, 1219 10th Street, endorses Ordinance 2776 and views the Hinshaw contract as an essential
step to help develop guidelines. Mr. Rooks also requested the Ordinance be amended to include the 4
blocks that are bounded by 10th to 12 and M to O.
Susan Rooks, 1219 10th Street, supports Ordinance 2776 and the Hinshaw contract. Mrs. Rooks
submitted a petition signed by supporters of the Ordinance and discussed her research of the history of
Old Town.
David Revelle, 1220 6th Street, supports the Ordinance.
Boshee Morris, 1618 7th Street, supports the Ordinance.
Bill Lang, corner of "M" Avenue and 17th Street. Mr. Lang stated that he is not directly affected by the
Ordinance but do not support the Ordinance.
Vern & Virginia Klockzien, the corner of "F" and 8th, support the Ordinance.
Karen Marshall, 2408 26th. Ms. Marshall stated her support of the Ordinance.
Lonnie Heiner, 804 "K" Avenue, supports the Ordinance.
Mayor Maxwell stated that the City will be taking written comments through February 1, 2008, 5:00 p.m.
Mr. Munce added that this could be put on the first regular City Council meeting to decide whether to
retain or make changes.
The continued meeting was concluded at approximately 8:30 p.m.
Steven D. Hoglund, City Clerk-TreasureH. Dean Maxwell, Mayor
r
Councilmember
2
2152
February 4, 2008
At 7:30 p.m., Mayor Maxwell called the regularly scheduled meeting of February 4, 2008 to order. Roll
call found present Kevin McKeown, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia
Richardson, and Brian Geer. Roll call was followed by the Pledge of Allegiance.
The Mayor announced that this meeting will be continued to Monday, February 11, 2008 for the purpose
of reviewing: Year-end final Budget Reconciliation Ordinance; BHC Consultant Agreement/Quiet Cove;
and WSDOT Utility Construction Agreement/Quiet Cove.
Minutes of Previous Meetinq
Mr. Turner moved, seconded by Mr. Petrish to approve the minutes of January 7, 2008 as if read. Vote:
Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Citizen Hearings
Mr. Bill Mitchell, 807 27th St., encouraged the Council and community to acknowledge the shipwreck
Enchantress, built in 1944, as a potential park, marine habitat, and focal point for photographers. He
highlighted the boat's years of service and encouraged everyone to celebrate and capitalize on this
opportunity. He suggested that all those interested in preserving the Enchantress attend a Port meeting
on February 7th to discuss preservation options.
Mavor Council Communication
Mavor's Award of Merit — Karl Frantz
Mayor Maxwell introduced Mr. Karl Frantz, recipient of the Mayor's Award of Merit. Mr. Frantz has been
nominated for this award because of his outstanding and diligent performance as an operator at the
Water Treatment Plant. His supervisors and co-workers commend his attitude, ethics, ability, and
dedication over the last 20 years of service. During that time, Mr. Frantz has taken the lead on several
projects at the Plant in addition to training new staff. The Mayor also acknowledged the Water Treatment
Plant employees in the audience; the City of Anacortes is the largest regional purveyor in two counties
providing water for 56,000 residential customers and 1,000 businesses. Mr. Frantz accepted the award
and gift certificate to a standing ovation.
The Mayor shared that it takes 1 '/ billion barrels of oil to supply the United States with plastic bottles for
bottled water — a tremendous waste in light of the superior drinking water provided locally.
Public Hearinq: Transportation Comprehensive Plan
Mayor Maxwell opened the Public Hearing to take public comment on the City's Transportation
Comprehensive Plan. Mr. Fred Buckenmeyer, Public Works Director, explained that this Plan was
presented to Council in October of 2007. Prior to that time, 11 open public meetings were held on all
elements of the Plan; comments from citizens, other agencies, and staff have been incorporated into this
draft document. Mr. Buckenmeyer explained that this is a planning level document offering policies and
recommendations for moving forward. He then reviewed each of the Plan chapters. Chapter 1 contains
the different elements required; Chapter 2 includes a complete inventory of the street system, discusses
level of service analysis, traffic model development, and explanation of "level of service". Mr.
Buckenmeyer said it was important to note that, for concurrency purposes, the City uses a "corridor' level
of service (LOC) as opposed to an "intersection" LOC; in that regard, to date all segments meet LOC "C"
or better. By the year 2030 all corridors will meet level of service criteria. Chapter 3 contains a complete
inventory of pedestrian facilities; Chapter 4 provides an analysis of critical intersections. Staff will be
watching three intersections for potential deficiencies: 22nd and "R" Avenue, 32nd and "D" Avenue, and
32nd and "M" Avenue. The Commercial and Highway 20 intersection has the highest accident rate in the
City; a roundabout is recommended at that site. Other chapters include a complete maintenance
inventory and sub area planning.
Mr. Buckenmeyer then reviewed the errata sheet comments, including corrections and recommended
changes from City staff, Councilmembers, Port of Anacortes, Gordon Deer, LLP, WSDOT, and TSI. Mrs.
Pickett emphasized the inclusion of mid -block crossings. Mr. Ian Munce, Planning Director, said that he
has concerns regarding the Port of Anacortes language identifying the airport as both a "public use"
airport and an "essential public facility"; he would not support incorporating the Port's recommended
changes without first establishing criteria, definitions, and procedures for identifying "public use" and
"essential public facility". The Mayor noted that the Plan has been on the website for some time; there
were no further comments from the audience and the Public Hearing was adjourned. The City Council
will review the Plan in further detail at a Study Session.
Public Hearinq: Water Use Efficiencv Report
Mayor Maxwell opened the Public Hearing to take public comment on the City's Water Use Efficiency
(WUE) Report. Mr. Fred Buckenmeyer, Public Works Director, introduced Ms. Kelly O'Rourke of HDR;
Ms. O'Rourke explained that purpose of this hearing is to provide an opportunity for the public to
comment on the City's draft water conservation goal. This matter has already been reviewed by Council
and staff in Study Session. Ms. O'Rourke then discussed: requirements of the WUE rule; goal related
requirements of the Rule; the City's current conservation program; and the Anacortes Draft Conservation
Goal together with the program that supports that Goal. Ms. O'Rourke then reviewed the seven WUE
rule requirements. Also, the Goal can be modified at any time but only through the public process.
Driven by a desire to be a good steward of the resource, the City has been actively involved in
conservation measures. Five different conservation measures are being implemented at this time. One
program will provide for toilet leak detection for single and multifamily customers; this program will provide
a total savings of approximately 30 million gallons over the seven-year planning period. The total annual
direct cost for the detection program will be $2.450. Mr. Turner emphasized that additional savings are
created by the City's excellent waterline repair and replacement program. Mrs. Richardson asked if the
direct costs include staff and consulting time; ;Wa. [)'Rourke explained that indirect costs (consultant's
feeo, etc.) are not included in that figure- On o question from Mc Petriah. the K8oyo/ explained that this
will be o voluntary program and there are no enforcement measures, The Mayor emphasized that this
exercise is just one of the many legislative requirements that water purveyors must fulfill. There were no
public comments and the Mayor closed the Public Hearing.
271Q/2802WashincitenBlvd. Easement: Next Steps
Mc Jonn Lunnfond, Forestlands Manager, explained that Mr. Brian Conway asked the Council todiscuss
abandoning the trail easement adjacent totheir property at 2718 Washington Blvd. (Council previously
vacated mneasement between 2G18and 2814Washington B|vd.) There inalso a4O'utility easement at
this site running west to Washington Park. Mr. Lunsford presented on aerial photograph showing the
various easement sites. Mr. Turner suggested that this easement is a natural path and was not in favor
of vacating the walkway. Mrs. Richardson pointed out that this path would provide a gond neighborhood
connection. K8c Pebish suggested that the uinounnetanneo are the same in this oosa as in the previously
abandoned easement. Mr. McKeown ogroad, but said hewouldn't have been in favor ofreleasing the
first easement. Mrs. Pickett pointed out that the walkway was created to provide a safe route for children
and to improve connection between neighborhoods. This will be a low impact walkway and she urged the
Council toretain the easement. Mr. Geer agreed with Mr. Potrish'sremarks and suggested that the newly
improved Sunset Avenue will provide safe pedestrian mnoenu. Mr. Adams said that trail easements
should be kept in place for future use. As the walkways are part of the p|at, the homeowners in this
subdivision should be notified of any proposed action via Public Hearing. With that, Mr. McKeown
moved, seconded by Mrs. Richardson, to hold a Public Hearing to consider vacating the trail easement
achemant to 2718 Washington Bk/d. Mr. Turner spoke against the motion and emphasized that the
walkways are provided for the benefit ofcurrent and future residences inthis area. Vote: Ayes—Piokett.
Adams, Richardson, Geer, McKeown, and Pathah. Nu—Turner. Motion carried.
Old Town Ordinance: Next Steps
Mr. Ian Munce, Planning Director, explained that state land use codes allow cities to adopt interim zoning
controls. In determining interim ounbn/a. the Council must make o legislative determination whether or
not an emergency exiats, and if so, to hold m public hearing within GU days to hear testimony and accept
written comments. Mr. Pebiah outlined his reasons for initiating this movement for design standards in
the older residential area generally located north of 12m street and west of''O" Avenue. He suggested
that building emergency does exist in this neighborhood based on the level of development in this area
over the last five years. He spoke in favor of protecting both the historical aspect of the homes and water
views. &4r. Geer said that in order to respond to neighborhood concerns, the Council should continue with
the interim measures. Mrs. Richardson spoke in favor nfputting controls in place now, to allow for time tn
research the neighborhood characteristics in depth. Mr. Turner, though not convinced that an emergency
axiots, supported the fairness of the Ordinance. With that, Mr. Turner moved, seconded by Mrs.
Richardson to retain Interim Ordinance NO. 2776. K8a. Pickett said that the combination of 3,000 square
feed of space on the main Door and 35' of height does not give the neighbors much protection against
huge structures being built near much smaller homes. Although Mr. McKeown didn't think on emergency
exisbs, he encouraged the neighborhood to consider affordable housing in their deliberation and
supported the motion. Mr. Adams said that growth and change are occurring throughout the community;
he supported moving forward with the process. Vote: Ayes — Adams, Tunner, Richardaon, Goer,
McKeown, Petrioh. and Pickett. Motion carried.
CmnsantAoemda
Mrs. Richardson moved, seconded by Mr. Adams, to approve the following Consent Agenda item. Vote:
Ayes — Turner, Richardson, Geer, McKeown, Petrish, Pickett, and Adams. Motion carried.
Aoorova|ofVouchers/Cancellation VfWarrants
Council voted unanimously that the following audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on January 24, 2008 and January 31, 2008 as of this date, February 4, 2008.
Claims Warrants
Jan 2008: Warrant Numbers 44SA0through 44825inthe total amount of$534.43g.GG
EFT
Jan 2008- Warrant Number 44G8Sinthe total amount of$5O.O0
Cancellation ofWarrants
Warrant Number 44525inthe total amount cfS54O.00
Resolution: AuthoriznaaContract Amendment with the SCCAA
K8c Ian W1unme, Planning Director, presented a Resolution to Council requesting an amendment to the
ountnsot between the City ofAmacodas and Skagit County Community Action Agency (SCC/V\. Mr.
Munce explained that the City has an ongoing commitment and contract with SCCAA to provide services
to /ovv income residents ofAnacndes such as energy assistance and emergency food and she/bac /f
2154
FEBRUARY 4, 2008 - CONTINUED
adopted, the Resolution would approve a contract amendment with SCCAA in the amount of $33,313.40
for the year 2007. After discussion, Mr. Turner moved, seconded by Mr. McKeown to adopt Resolution
No. 1756 entitled "Authorizing a Contract Amendment with the Skagit County Community Action Agency".
Vote: Ayes — Richardson, Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
Final Plat: Marine Crest
Mr. Ian Munce, Planning Director, presented the Final Plat application for the Marine Crest — Phase II plat
generally located between Marine View Drive and Marine Heights Way. Preliminary subdivision approval
documents were forwarded to Council prior to this meeting. The Planning Commission and staff
recommend approval subject to the proviso that: this plat will not be recorded until (1) all as -built
drawings have been approved by the Public Works Department, (2) receipt of a cash payment for a City
Regional Water Quality Unit in the amount of $10,000.00; and (3) receipt of a 2 -year Maintenance Bond
in the amount of $9,743.22. Mr. Turner moved, seconded by Mr. Adams to approve the Marine Crest —
Phase II Final Plat subject to the three conditions recommended by the Planning Commission. Vote:
Ayes — Geer, McKeown, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
Interlocal Agreement: Purchase Solid Waste Truck
Mr. Fred Buckenmeyer, Public Works Director, presented a request for authorization to take advantage of
an existing bid awarded by the City of Tacoma through an interlocal agreement for the purchase of one
2008 refuse truck. With that, Mr. Geer moved, seconded by Mr. Petrish, to authorize the purchase of a
new frontload refuse truck in the amount of $268,463.08 from Western Peterbilt, Inc. via an existing bid
awarded by the City of Tacoma through interlocal agreement. Vote: Ayes — McKeown, Petrish, Pickett,
Adams, Turner, Richardson, and Geer. Motion carried.
Voter Registration Services: Verbal Update
Mr. Steve Hoglund, Finance Director, updated the Council on a recent expense requested by the County
relative to RCW 29A.08.150. The RCW identifies that cities and counties are to pay for their share of the
costs relative to voter registration. Previously, costs for this service have been $300-$700 annually; the
current Auditor used a different methodology to determine that annual cost and the City received this
year's invoice in the amount of $19,000. Mayors from throughout the County met with the Auditor
requesting a tiered implementation of the fee and payment phasing; the County did not support these
requests. Mr. Hoglund offered that the new methodology is reasonable in incorporating costs, but the
City was not presented with any supporting documentation, or sufficient notice to incorporate the inflated
fee into the Budget. Mr. Adams said he was disappointed in the County's process and encouraged the
Council to invite the County Auditor to attend a Study Session to clarify how this new allocation matches
costs.
At approximately 9:45 p.m. the Mayor continued the meeting to Monday, February 11, 2008 for the
purpose of reviewing: Year-end final Budget Reconciliation Ordinance; BHC Consultant Agreement/Quiet
Cove; and WSDOT Utility Construction Agreement/Quiet Cove.
AA 40 1-4 - CL C &Yzve�
Steven b. -Hoglund, City Clerk -Treasurer H. Dean Maxwell,N�ayor
Councdnember
2155
February 11, 2008
Continued Meeting of February 4, 2008
Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Nick Petrish,
Erica Pickett, Brad Adams, Bill Turner, Brian Geer, Kevin McKeown and Cynthia Richardson.
Year -End Final Budqet Reconciliation Ordinance
Mr. Steve Hoglund, Finance Director, presented Ordinance 2779 to reconcile the year-end final budget.
Mr. Hoglund stated that there were outstanding expenditures received after the first of the year that went
beyond the budgeted amounts. The expenditures were incurred in the Repair and Maintenance Supplies
fund and the Fuel fund. The fuel expenditure was extraordinarily high due mainly to rising fuel costs.
After discussion, Mr. Turner moved that the Ordinance 2779 be adopted. Mr. Brad Adams seconded and
the Ordinance was passed unanimously.
BHC Consultant Aqreement & WSDOT Utilitv Construction Agreement — Quiet Cove
Mr. Fred Buckenmeyer, Public Works Director, provided a brief overview of the waterline relocation
project. The City has a 10 inch waterline from the 1940's located within the WSDOT right-of-way,
originally allowed by a franchise agreement. Mr. Buckenmeyer explained that it is WSDOT policy not to
allow waterlines within the pavement of a highway and so the City must now move that waterline at City
expense. This work is in conjunction with the road work being done by WSDOT. WSDOT designs have
resulted in numerous highway alignment changes as their work proceeds. Some of the changes by the
WSDOT require corresponding changes with the City's waterline designs which has caused the City to
incur additional fees.
After further discussion, Mr. Turner moved to approve BHC Consultants proposed Modification 05 and to
authorize the Mayor to sign WSDOT Utility Construction. Mr. Petrish seconded and the motions passed
unanimously.
The continued meeting was concluded at approximately 7:50 p.m.
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, ayor
Counc member
February 19, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Tuesday, February 19, 2008 to
order. Roll call found present: Kevin McKeown, 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 Meetinqs
Mrs. Richardson moved, seconded by Mr. Turner, that the minutes of January 22, 2008 and January 28,
2008 be approved as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, and McKeown.
Motion carried.
Citizen Hearinqs
Mr. Brian Wetcher, 814 26" St., Chairman of the Anacortes Community Forestlands (ACFL) Board,
invited the Mayor, Council, and community to participate in the ACFL work party on March 15th from 9:00
a.m. to 11:00 a.m.; participants will meet at the Whistle Lake parking lot. Mr. Wetcher stressed that the
work parties are critical to ACFL trail rehabilitation.
Mavor/Council Communication
Mayor Maxwell recently returned from a California trip and remarked that, in comparison to many
communities in that state, Anacortes is fortunate to have an excellent infrastructure and strong economy.
Mrs. Pickett announced that Skagit County beach watchers training will begin in March; for further
information please contact Mrs. Pickett or go to the WSU website.
Mr. Petrish asked Mr. Ian Munce, City Attorney, to report on a recent determination by the State Auditor's
Office regarding 17th Street improvements relative to the Highlands Plat. Mr. Munce explained that plat
conditions are determined by Council through the public hearing review and deliberation process. As part
of the Highlands subdivision requirements, the City contracted with the developer for three blocks of off-
site improvements as part of plat approval. The Auditor's Office noted that the City should have required
FEBRUARY 19, 2008 - CONTINUED
the developer, a private party, to go through the public bid law process. The City's position, supported by
outside legal counsel, is that this is a strained interpretation of the law. No case law exists to support
either position. In light of the Auditor's position, Mr. Munce expressed concern for future successful
partnering with the private sector to secure needed improvements.
Adoption: Transportation Plan
Mayor Maxwell announced that adoption of the Transportation Plan has been postponed to March 3,
2008.
Consent Aaenda
Mr. Turner moved, seconded by Mr. McKeown, to approve the following Consent Agenda items. Vote:
Ayes — Pickett, Adams, Turner, Richardson, McKeown, 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 February 7, 2008 and February 14, 2008 are approved for payment as of this date
February 19, 2008.
Claims Warrants
Feb 2008: Warrant Numbers 44828 through 45025 in the total amount of $507,507.15
EFT
Feb 2008: EFT Number 44827 in the total amount of $224.00
Prewritten Claims
Warrant Number 44826 in the total amount of $20,385.76
Pavroll February 5, 2008 in the total amount of $709,009.26
Warrant Numbers 31904 through 31966 in the total amount of $254,032.11
Direct Deposit Numbers 25069 through 25231 in the total amount of $281,036.99
EFT Numbers 814 through 819 in the total amount of $172,950.45
Warrant Cancellation:
Warrant Number 44538 in the total amount of $13.89
In the same motion Council:
Approved the Special Events/Street Fair Application for the March for Meals Parade, beginning at Storvic
Park on March 22, 2008, 10:00 a.m. to 11:30 a.m.; and
Approved the Special Events/Street Fair Application for the Oyster Run on September 28, 2008 subject to
parking restrictions and Public Works and Police Services as arranged by the applicant and City staff.
Public Hearings: (2) Vacation Petitions — Anacortes Hospital
Mayor Maxwell said that the Public Hearing for the vacation petitions submitted by Anacortes Hospital
has been postponed to March 3, 2008. No one in the audience wished to testify on this matter.
Closed Record Meeting: Conditional Use Application — Pennsvlvania Park (continued from
January 22, 2008)
Mayor Maxwell initiated the Closed Record Meeting for the City of Anacortes Parks Department
Conditional Use application to construct a neighborhood park including a low impact passive recreational
trail in the wetland buffer. Mr. Munce, Planning Director, explained that the project site is located
generally south of the curve in Anacopper Mine Road, east of Pennsylvania Avenue and West 12t" Street.
Aspects of the Conditional Use project involve wetlands and wetland buffers; i.e., which sections of the
code apply and whether or not changes need to be made in the application before Council. The
appellants suggest there are. The Planning Commission held an Open Record Hearing on this matter
and a detailed record was developed. A site visit was held and after taking extensive testimony, the
Planning Commission recommended approval of the permit. Two appeals were filed. Mr. Jim Wiggins,
author of the wetland report commissioned by the Parks Department, was in the audience and available
for questions.
Mr. Ross O. Barnes, 1004 7t" St., appellant representing Evergreen Islands, referenced two reports in the
Council information packet: (1) an examination of another park project used as a model, to some extent,
for the Pennsylvania Park, and (2) a legal analysis by Gerald Steel, PE. Mr. Barnes said that the upper
buffer should be protected because it contains natural habitat that is an essential component of the
wetland habitats. Mr. Barnes then reviewed the development history of the City's Critical Areas
Ordinance (CAO). He said that passive and low impact activities must be designed to minimize impacts
to the essential habitat functions of the buffer and wetland. According to Mr. Steele, the current site plan
shows a lack of respect for and understanding of the principals of habitat protection and stewardship.
Approving this design raises legal issues; as proposed, this project is the least appropriate model and
design. Mr. Barnes then reviewed proposed changes to the plan that would meet requirements for
environmental protection; according to Mr. Barnes, the changes are minor and remove no essential
features of the park.
2157
FEBRUARY 19, 2008 -CONTINUED
Ms. Julie White, 3708 W. 12th St., was involved in park design and development and acknowledged the
real need for the park; in that regard, the current design reflects what the neighbors want. With some
minor adjustments this park can fit the requirements of the City's Critical Areas Ordinance (CAO). Ms.
White supported the changes outlined by Mr. Barnes, and urged the Council not to set a precedent and to
apply the CAO in this case.
Mr. Gene Derig, 1302 K Avenue, read comments on behalf of Ross Barnes. The comments reiterated the
previous remarks by Mr. Barnes and Ms. White. This park plan, as proposed, is not an appropriate site
for environmental education.
Mr. Brian Wetcher, 814 26th St., described his participation in the process to develop the City's CAO. He
suggested the City develop a clear definition of buffer and buffer protections, and that with minor changes
this Park would meet protection requirements.
Mr. Gary Robinson, Director of Parks and Recreation, stated that this park does address environmental
concerns together with the recreational needs of the community. Mr. Robinson explained the history of
the acquisition of the property and the extensive public process followed in design preparation. Key
characteristics and issues include: play equipment, grassy area, pedestrian access and safety,
multigenerational gathering space, enhancement of natural elements of the property, preservation of
native vegetation, clean up of non-native invasive vegetation, covered gathering space, hard surfaced
area designed for many uses, play equipment, nature trail going through the wetland buffer, and
significant use of native plants. The wetland will shield the park from traffic; significant plantings will
improve the wetland buffer beyond what currently exits. The park improvements will dramatically
increase the function and value of Wetland A, Wetland A buffer, and Wetland B. Mr. Robinson
emphasized that the area around Wetland A should be an integral part of the park. The proposed trail
provides a better recreation and education experience as a looping trail rather than as a dead end. Mr.
Robinson concluded by pointing out that the CAO allows for passive recreational facilities within wetland
buffers.
Mr. McKeown said he was involved from the beginning of this park; he did not agree that approval of this
project would set a precedent as suggested by the appellants. He then described the existing conditions
and current use of the property. He said that the proposed design will enrich the wetland and
neighborhood. Mr. Adams spoke to the focus of each of the appeals. Mrs. Richardson suggested that
their decision on this project would set a positive precedent with some minor modifications to the design.
Of positive note, Mrs. Richardson pointed out that forty of the plantings are native to the Pacific
Northwest. Mr. Turner thanked Evergreen Islands for defending the wetlands; modifications should be
investigated to clarify compliance with the Municipal Code. He also expressed concerns over the view
put forward - the assertion that a trail should not be allowed to go into wetland buffers. Any such proposal
should be reviewed on a case by case basis. Mr. Petrish said this is a very small park and children will
naturally play in the buffer; he also offered that neighborhoods change over time and so will the use of the
park. He spoke in favor of following the CAO and seeking consensus through modifications to the layout.
Mrs. Pickett pointed out again that passive recreation and paths are allowed outright by statute; the
proposed plantings will be a significant improvement in terms of habitat. She was impressed with the
community effort to bring this amenity about and endorsed the project. Mr. McKeown said that this park
represents channeling of human activity in the right direction in a sensitive area. Mrs. Richardson
proposed adding a condition: Configuration of the open lawn area shall be adjusted, if necessary, to
allow the buffer areas for both wetlands to be increased to meet the required square footage for wetland
buffers. Mr. Munce clarified that one of the appeal issues is: "what counts as a buffer". Taken on a
whole, the proposed layout complies with the code. Mrs. Pickett underscored that this proposal is an
attempt to create an environment for both people and animal habitats. With that, Mr. McKeown moved,
seconded by Mrs. Pickett to approve the Conditional Use application for the Pennsylvania Avenue Park
(wetland mitigation) and to deny the appeals. Discussion followed regarding compliance and current
conditions at the site. Mr. Munce pointed out that the final design will be brought back to Council before
construction. Mrs. Richardson moved to amend the motion to add: Any shortfall in the buffer area shall
be mitigated off-site. Mr. McKeown and Mrs. Pickett accepted the amendment. Vote on the motion as
amended: Ayes — Adams, Turner, Richardson, McKeown, Petrish, and Pickett. Motion carried.
At approximately 9:00 p.m. Mayor Maxwell continued the regularly scheduled meeting of February 19,
2008 to Monday, February 25, 2008 for the purpose of conducting a Closed Record Meeting for the
Jackson Conditional Use application to use a private street as access.
�t" A
Steven D. Hoglund, City Clerk -Treasure rH. Dean Maxwell, ayor
4Counmember
2158
February 25, 2008
Continued Meetina of February 19, 2008ll found Nick
Mayor Maxwell called the continued e andnC to order at 7:30 .m. Roll nthia Richardson . Absent:aBrian Geeeand .Kevin Petrish,
Erica Pickett, Brad Adams, Bill T Y
McKeown.
Closed Record Meeting — Jackson Conditional Use
Mr. Don Measamer, Assistant Planning Director, presented the Jackson Conditional Use application for a
n, Mr. Turner moved
private drive off of Haddon granted subject to be dtoor two the conditions building sites. After discussio
recommended by the Planning Commission.
that the conditional use be gr
Motion was seconded by Mr. Petrish and passed unanimously.
The continued meeting was concluded at approximately 7:40 p.m
A,o
Steven D. Hoglund, City Clerk -Treasurer
`GouncUmember
March 3, 2008
('V-
, -A4�
H. Dean Maxwell, Mayor
At 7:30 p.m., Mayor Maxwell called the regularly scheduled meeting of March 3, 2008 to order. Roll call
found present Kevin McKeown, 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 Meeting
Mrs. Pickett recommended that the February 4th minutes be changed in the following manner: Old Town
Ordinance: page 3, sentence 9 should read: "Ms. Pickett said that the combination of 3,000 square feet
of space on the main floor and 35' of height does not give the neighbors much protection against huge
structures being built near much smaller homes". With that correction, Mr. Petrish moved, seconded by
Mr. Turner, to approve the minutes of February 4, 2008 and February 11, 2008 as if read. Vote: Ayes —
Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Citizen Hearings
Mr. Herschel Janz, 1120 King Street, referenced a significant public safety issue at the City dump site
relative to motorcycles. Mr. Janz has addressed this problem with both the Park Department and Forest
Board. To date, nothing has been done to separate motorized and pedestrian traffic on the forestlands
trail at this location. Mr. Janz said that he would return to addresses this issue again.
Mayor/Council Communication
Mayor Maxwell announced that the Port/City Liaison Committee will meet at 8:30 tomorrow morning at the
Port marina office.
Mr. Petrish asked the City Council and staff to pursue funding for summer help to eradicate the ivy
infestation from the forestlands. The Mayor thanked Jonn Lunsford, Forestlands Manager, and all the
volunteers who participated in a recent work party to assist in forestland maintenance. In particular, Mr.
Adams recognized the ongoing volunteer efforts of Mr. Herschel Janz to preserve and enhance the
forestlands. The Mayor pointed out that funding for ivy removal can be part of the budget dialogue.
Anacortes Communitv Shelter Proiect Uadate
Mr. Ian Munce, Planning Director, introduced Mr. Eric Johnson, Director of the Anacortes Family Shelter.
By way of background, Mr. Munce explained that the City is a direct recipient of Housing and Urban
Development Department monies for assistance to low income citizens. The City earmarked
approximately $87,000 of these funds for the Anacortes Shelter project. Funding will be dispersed when
the operation plan for the Shelter is complete; staff recommends that the City's contribution shall be
allocated for infrastructure improvements. Mr. Johnson, referencing the Shelter's "Long -Term Operation
Plan" outlined current and future operations including safety and security issues raised by neighbors;
donations; building fund status; facility layout and amenities; safety features; operating expenses; action
plan for guests; staffing; strict restrictions on alcohol and drug use; and hours of operation. Mr. Petrish
inquired into the background check procedure and curfew restrictions, provisions for homeless juveniles,
neighborhood safety concerns. Mr. Johnson said that the neighborhood has been invited to work with the
Shelter to assist in developing operational procedures. Mrs. Pickett congratulated Mr. Johnson and all
those involved for this tremendous accomplishment. Mr. Munce said that infrastructure expenditure plans
and proposals will be brought back to Council; he also emphasized that this is a private project under
construction and that the City has only peripheral responsibility. Mrs. Richardson pointed out that the
Shelter will assist guests in getting back into the community in a productive way. The Mayor emphasized
MARCH 3,2008 - CONTINUED
that the Shelter, City, and ounlmnunhy will work together to ensure o successful facility. K8c Johnson
offered to report to the Council on a biannual basis.
Adoption: Transportation Plan
K8c Fred Buokennnoyar, Public Works Diractor, reported to Council that no additional verbal or written
comments were submitted subsequent to the most recent of the public meetings on the City's proposed
Transportation Plan. With regard to minor revisions, Mr. Buckennneyer referred to the March P Errata
sheet summary outlining the five new policies introduced by Council; the Port ofAnauodas comments
dealing primarily with the An000rtae airport; two exceptions to the Port's comments; four proposed
revisions from independent traffic consultant; and two comments from independent legal counsel. Three
add/tionol revisions include: (1) Policy 9.2b Page 9-3 "...additional mid -block pedestrian..."; (2)
Comments by Port of Anaoorb*a: Page 5-3. 5.3.1: " As a Public Use Airport
Fe*Gil#y. ...''; and (3) Cornnnanbs by Port ofAnacodaa: "and thtz 2007 Airpeft Layout " Mr. Pethoh
remarked on the |onk of a parking plan for south Commercial Avenue. After discussion, W1c Pethah
rnoveU, seconded by Mr. Turner, to adopt the Transportation Plan subject to the Errata sheet
modifications. Vote: Ayes— Pickett, Adomo, Turner, R/chandson, Gear' K8oKeovvn. and Pethsh. Motion
carried
ConsentAqeoda
K8r. Geer moved, seconded by Mr. Adams to approve the following Consent Agenda items. Vote Ayes —
Adams, Turner, Richardson, Geer, McKeown, Pethsh'and Pickett. Motion carried.
Auonovo|ufVouchers/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 bythe Council Finance
Committee on February 21, 2008 and February 28, 2008 are approved for payment as of this date March
3,2008.
Claims Warrants
Feb,2008: Warrant Numbers 45O27through 4518Ginthe total amount of$4S1.2GB.57
EFT
Feb`2008: EFT Number 4502Ginthe total amount of$12G.0O
Pmyro||Februory2D.2OO8 inthe total amount of$4AO.47O.QO
Warrant Numbers 31867through 32O1Ginthe total amount of$48'47O.@8
Direct Deposit Numbers 26412through 25575inthe total amount of$276.73S.18
EFT Numbers 820through 825inthe total amount of$1G6,G49.Q8
|nthe same motion Council:
Approved the Special Events/Street Fair Applications for the use of Caus|and N1emoho| Park and
Washington Park: Special Event t# 1 —Anauortmes 4 of July Extravaganza at Caus|ond Park sponsored
by the Anacortes Women of Today; Special Event # 2 — What the Heck Fest at Causland Park sponsored
by Magic City Center and Bret Lunsford on July 19, 2008; and Special Event # 3 — Salmon Barbecue and
Novice Quarter Contest at Washington Park, sponsored by the An -O -Chords on July 27, 2008,
Consideration and Am/omd mf20OQWaterline Pmmimot
Mr. Fred Buokannneyer, Public Works Director, introduced two waterline replacement projects for Council
consideration: replacement of an asbestos cement waterline on 7 th Street between Commercial and "R'
Avenues, and transferring four water services from an older cement waterline to a newer ductile iron line
on Sm Street between Commercial and "O^ Avenues. The low bid was received from |ntenxeat
Construction of Burlington; the Engineer's Estimate was $150.000. After discussion Mr. Turner moved,
seconded by Mr. Adama, to accept the bid from |nbamveetConotruotion. Burlington in the amount of
$169,813.37. Vote: Ayee—Turner. Riohandaon, Geer, K8cKaovvn, Psthoh. Pickett, and Adams. Motion
carried.
PablioHaarinqa: Vacation Petitions — Island Hospital (Continued from FebruorY19,2D08)
Mayor K8axvve|| opened the Public Hearings on 2 Petitions submitted by the Island Hospital for the
vacation of (1) a portion of 251h Street in Hensler's First Addition and (2) for a portion of the alley in Block
3,Hens|er'sFirst. Mr. [an Munce, Planning Director, explained that Island Hospital owns property on both
sides of the rights-of-way to be vacated; an easement for utilities will be required. In addition to taking
public comment' Council will need to determine the adequacy of the appraisal used to determine
compensation amounts. Also, Mr. K8unoe explained that the City's policy is not clear on what portion of
full value the City should receive relative to a reduction for retaining an easement. If Council accepts the
methodology pnopoeed, the compensation would beapproximate�$2OG.OUU. Additionally, the Hospital
has asked tooffset the fees with innpnovarnentotothe po�ionof25mStreet not being vacated with angled
parking and to improve some landscaping. City staff reviewed the appraisal and found the square foot
figure to be reasonable. Mr. Turner asked if the compensation could be re -appropriated to other areas;
K8c yWunue emphasized that the Hospital's proposal will provide much needed parking in the south
Commercial Avenue vicinity.
2160
MARCH 3, 2008 - CONTINUED
Mr. Vince Oliver, CEO of Skagit County Public Hospital District No. 2 (Island Hospital) explained that the
Hospital Board has been working to develop the vision of Island Hospital and health care for this
community well beyond 2020. Mr. Oliver reported that the recent renovation project is on budget and on
schedule with building dedication slated for mid-June. Health care needs are on the rise and the hospital
campus will need to expand. If vacated, the additional right-of-way will provide additional flexibility for
client services. Marc Estvold, 3302 Oakes Avenue, provided additional detail on the appraisal submitted.
The total land value was calculated at $400,648. If the property is encumbered by utility easements that
amount will be devalued by 20%. Using this formula, the compensation for the vacated right-of-way
would be $220,356. Mr. Estvold then described the proposed improvements to be installed in lieu of
compensation. Mr. Estvold then described the short term parking proposal for adjacent property. There
were no comments from the audience and the Mayor declared the Public Hearing closed.
Mr. Fred Buckenmeyer, Public Works Director, described the water and sanitary sewer line locations in
this vicinity. Mrs. Richardson suggested that future vacation compensation/easement issues shall be
decided on a case by case basis. Mrs. Pickett raised a question about the appraiser's application of the
20% reduction amount. Mr. Adams didn't support a reduction for the easement and spoke in favor of the
compensation policy set by Resolution. Mr. McKeown agreed. Mr. Adams asked that discussion on
compensation be deferred. With that, Mrs. Richardson moved, seconded by Mr. McKeown, to direct staff
to prepare an Ordinance vacating both the street and alley vacations as proposed and that further
consideration be given determine a compensation amount. Vote: Ayes — Richardson, Geer, McKeown,
Petrish, Pickett, Adams, and Turner. Motion carried. Mr. Munce said that staff will bring back Resolution
No. 1744 with alternative wording for amendment or adoption relative to establishing
easement/compensation values.
Appeals (2) Subdivision Administrator's Tentative Approval of the Allen 2 -lot Short Plat — 38th and
"M" Avenue
Mayor Maxwell initiated Council deliberation and review of the Subdivision Administrator's approval of a
2 -lot short plat at 38th Street and "M" Avenue and associated appeals. Mr. Ian Munce, Planning Director,
reviewed the Subdivision Ordinance short plat regulations regarding the division of land up to 9 lots. In
this case, a 2 -lot short plat, an administrative procedure was employed to review lot size, square footage,
and setback requirements. A number of years ago, the City approved a Boundary Line Adjustment at this
location. At that time the City secured the Allen's approval for the right-of-way needed on 38th Street and
at the same time secured adequate frontage on 38th Street. The 2 -lot short plat now before Council
meets appropriate criteria. There were protests from the neighbors and appeals were filed; hearing
notices were published, posted, and mailed to the appellants and property owners within 300'. Neither
the appellants nor their representatives were in the audience. The applicant, Mr. Tom Allen, 4306
Shelby Court, said that the proposed plat has been through City staff review and meets all codes. He
responded to some of the issues raised by the neighbors including lot size, driveway widths, use of flag
lot configuration, demolition of the large garage on site, landscaping and maintenance of the property,
and square footage of Lot B. Mrs. Richardson suggested recording an addendum to the survey to show
the previous BLA. Mr. McKeown mentioned the application of design standards. Mrs. Richardson
moved, seconded by Mr. Geer, to deny the appeals and to approve the Allen 2 -lot Short Plat at 38th Street
and "M" Avenue subject to conditions recommended by staff. Vote: Ayes — Geer, Petrish, Pickett,
Adams, Turner, and Richardson. No — McKeown. Motion carried.
At approximately 9:30 p.m. the Mayor continued the regularly scheduled meeting of March 3, 2008 to
5:00 p.m., March 17, 2008 for the purpose of conducting a site visit relative to the Fidalgo Villas Land Use
Permits.
-A— Q cT
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwel , jMyor�
touncil e
March 17,200Q
Continued Meeting of March 3, 2008
Continued K8metinamfMarch 3.2$@Q
At 5:00 p.m. the continued meeting of March 3. 2008 was reconvened in order to conduct site visit
n*|oUve to the Fida|go Villas Land Use Permits. No testimony was taken. At the conclusion of the site
visit the continued meeting nfMarch 3.2OO8was adjourned.
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of March 17. 2008toorder. Roll oa|/
found present: Kevin K8oKeovvn, Nick Patheh, Erica Pickett, Brad Adanne, Bill Tumner, Cynthia
Richardson, and Brian Geer. Roll call was followed bythe Pledge ofAllegiance-
Minutes mfPrevimuo K8eetinqs
K8ro� Richardson asked that the minutes of February 19. 2008 be amended as follows: page 3, paragraph
3: "...feinted pointing..." and paragraph 4: "K8na. PkG+e# Richardson..." With those changes, Mrs.
Richardson mnovod, seconded by Mc Adammo, that the nninuhaa of February 19. 3008 and February 25.
2008 be approved as if read. Vote: Ayeo— Petriah, Pickett, Adanoo, Turner, Richardson, Geer, and
McKeown, Motion carried. Mr. Petriahexplained that his comments Vnthe Pennsylvania Avenue Park
were to clarify that creating a playground adjacent to avvat\and cnaobad a natural conflict.
CitizanHoarimwm
yWc Dave Cnavvhord, 5974 Campbell Lake Road, spoke against the round -about proposal at Sharps
Corner. He pointed out confusing data circulated by the Department of Transpiration, and suggested that
absent any environmental review of the impacts of this pnojac±, that the round -about should not be
allowed.
YNc John Adanns, 1917 Tweed P|aco, said that the available information regarding the use of Parcel | for
the Marine Tnydoa 8kU| Center is ambiguous and urged the Council to investigate the nature of the
agreement between the School District and the Port ofAnocortes. Mr. Adams suggested that another
location for the Center would be more appropriate; in that regard, a town hall meeting to include anyone
interested in the subject could provide useful options for alternative sites.
K8avmr/Cmmmo0Cmmmmvunicatiom
The Mayor proclaimed Wednesday, April 9, 2008 as the City's celebration of Arbor Day and encouraged
the community to participate in the Arbor Day tree planting at 10:00 a.m. on April 9th at Island View
Elementary School. The Mayor shared thatAnaonrten has been recognized as a Tnaa Qty USA by the
National Arbor Day Foundation for seven consecutive years.
The Mayor also proclaimed May 17-23. 2008 as Safe Boating Week in the City of/\n000rtee and he
urged all citizens who boat to"Boat Smart. Boat Safe. Wear it.^.and topractice safe boating habits. Mr.
Petrish suggested that the Anacortes School District provide swimming lessons in support of safe boating
goals.
Conservation EasemmentPmmcimmmu: Grove Final Approval
Mr. Gary Robinson. Director of Parks and Reoreotiun, presented a proposal for an additional 05 aonao to
be protected through the Conservation Easement Program. Mr. Robinson reported that ifapproved, this
would bring the total number of acres conserved through this program to 1.545. With that, Mr. Geer
movod, seconded by Mrs. Piokatt, to place o Conservation Easement on the additional 95 acres
described in a March 12. 2008 memorandum from Jonn Lunsford to the Mayor and City Council. Vote:
Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrieh. Motion carried.
Port oYAnmcoMLms: Vertical K8itiqmtionProposal — Airport Obstruction Removal Prm|ect
Mr. Gary Robinson' Director ofParks and Reunaedinn, submitted o proposal to the Mayor and Council for
allocation of the Pod ofAn000haa $50.008 in lieu of payment to the City ufAnaoorten. Mr. Robinson
explained that the payment is in lieu of the Port's vertical mitigation requirement for tree removal as part
oftheir Airport Obstruction Removal Project. A portion of the payment would provide plantings at Ace of
Hearts Rotary Park and a portion for plantings in public spaces in oradjacent ho wetlands or wetland
buffers as approved by Council. Mr. Turner said that the Ace of Hearts Creek is an ideal site for
restoration and enhancement. Discussion followed regarding replacing street trees with wetland
mitigation funds. Mrs. Pinkett asked for clarification on the plantings for "public spocea"Mrs.
Richardson said she did not support planting street trees with wetland mitigation funds; she hoped that
some of the funds vvnu1d be earmarked for Ship Harbor improvements. After discussion, Mr. Gear
moved, seconded by Mrs, Richardson toapprove the Park Department's expend iture/planting program for
the Port ofAnacodan Vertical Mitigation in lieu of payment of $50,000. The Mayor said that funding will
be sought for planting street trees. Vote: Ayes -Adanns. Turner, Riohordaon, Geer, McKeown, Pathsh.
and Pickett. Motion carried.
ComsemAcimnde
K0c Adorns asked that |bann C be pulled from the Consent Agenda. With that, yNc Adams moved,
seconded by Mrs. Richardson to approve the following Consent Agenda items. Vote: Ayes —
Turner' Riohardaon, Gaer, K8oKeovvn, Pstrish. Pickett, and Adams. Motion carried.
MARCH 17,2008 -CONTINUED
Approval nfVouchers/Cancellation ofWarrants,
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on March 8. 2008 and March 13. 2008 one approved for payment as of this date March 17,
2008.
Claims Warrants
March 2008: Warrant Numbers 45191through 45384inthe total amount nf$G96`520.10
PrevvhttenC|aims
Warrant Numbers 45189and 4S1SOinthe total amount nf$22.311.41
PaYnoUMarch G.2UO8inthe total amount of$717.4O2.57
Warrant Numbers 32017through 32O78\nthe total amount of$280.577.SQ
Direct Deposit Numbers 25576through 2G758inthe total amount of$284.314.4A
EFT Numbers 82Gthrough 831inthe total amount Vf$172.51O3Q
In the same motion Council:
Approved the Special Events/Street Fair Application for the Antique Machinery Show tobeheld on
September 13, 2008 from 9:00 am. to 4:00 p.m. on both sides of Market and 6th Streets in the vicinity of
the Depot Market; approval is subject to the applicant's submitted plan; and
Adopted Resolution No. 1758 entitled "4 Resolution Naming Official City Newspaper for Year 2O0B^
(AnacorteaAmehcan).
Consent A$mmdsItem c:Resolution: Street Vacation Compensation,
Mr. Adams asked if this Resolution reflects discussion previously held by Council regarding the Island
Hospital request to vacate certain City right-of-way. Mr. Ian W1unoe. Planning Director, explained that all
vacations aho|| be compensated at 75% of the value of the land. In their compensation proposal, Island
Hospital anticipated on additional deduction for easements. The general tenor of the Council discussion
was that the 75% amount already factored consideration for easements. The proposed language change
("With the City reserving any necessary eauan7en/o...") clearly sets the total compensation deduction at
7596, Mr. K8unce reported that the Planning Committee and staff have been developing o
comprehensive street and alley vacation procedure and policy. With that, Mr. Adams moved, seconded
by W1re Pickett to adopt Resolution No. Resolution No. 1757 entitled "A Resolution Establishing Policies
for Compensation for Street and Alley VaoatiVno^ Vote: Ayea—Richandnon. Geer, K8oKnown, Petrish,
Pickett, Adams, and Turner. Motion carried.
Contract Award: Minnesota Storm Po*eut
Mr. Fred Buckennnayer, Public Works Dinsctor, presented a request for Council to authorize the Mayor to
enter into an agreement with TR|CO Contracting for the Minnesota Storm Improvement Project. Byway
of background, Mr. Buchennneyer explained that the existing storm water system along portions of
Minnesota Avenue has been a long-term maintenance problem. Bids were solicited fora combined
project induding: the construction of piped storm vvatarsystem along Minnesota Avenue; reconstruction
ofe failed New York outfall; and fill of the existing storm vvahar pond on West 0"' (this area will be used
for other purposes such asaporh). Thirteen bids were received; the Engineer's estimate was $557`O0O.
The |ovv bid was received from TR|C(] Contracting, Inc. in the amount of $432,937.00. Having reviewed
this proposal in the Public Works Committee, Mr. Turner moved, seconded by Mr. Adanna, to award the
Minnesota Storm Improvement Project (06 -004 -STM -001) toTR|CO Contracting, Inc. in the amount of
$432,937.00. Vote: Ayas—Geer. &1oKeovvn. Pethsh. Piokett, Adams, Turner. and Riuhmndaon Motion
married.
Flounder BaYDredoimo: Phase lUpdate
yWc Fred Buokenrneyer, Public Works Director, presented the Phase \ update for the Rounder Boy
Dredging project. Mr. Buckanrneyer explained that the navigability of Skyline N1ahno has been
problematic and iagetting worse. Residents nfthe Skyline Flounder Bay area presented apetition tothe
City requesting assistance in a dredging project. Staff explored different funding nnaohonionns including
LID and forming napeoia| benefit district using the stormvvabarutility. In that regard, the 2007 Stormvvater
Comprehensive Plan sets parameters for forming a special benefit district. The City's engineering
nonou\tant. HDR, presented o Scope of Work and cost for Phase | work. Subsequently, an Ordinance
was adopted forming this district and establishing those basin specific fees that will be used to fund the
project and that only apply tnthose residences within that district. The current assessment for Phase |is
$4.01/ononth for 36 months; 601 moorages will receive this special assessment in addition to current
charges. Mr. Buckennnayerthen described the comprehensive public and City staff participation in
developing this project.
Mr. Eric Pipkin, Engineering Technician, summarized the elements that made up Phase \ and the cost
opinion. Majorbaska included background co||ention, sediment sampling, biological nenonnaiaaonoa, and
development
of the cost opinion; this is the first ofo 3-phase project. Mr. Pipkin discussed prior marine
activities and dredging history that could have contributed to sediment issues. Two cost variables to
consider are the contamination in the sediment and the volume of sediment to be removed; disposal
options will affect costs. Also, an eel grass mitigation plan will be required. Council then reviewed the
conceptual cost plan and time tables. The Mayor and Council thanked Mr. Pipkin for his presentation.
2163
MARCH 17, 2008 - CONTINUED
Resume Closed Record Meetinq: Fidalqo Villas Preliminary Plat and Conditional Use (Planning
Commission recommendation and 2 appeals)
Mayor Maxwell initiated the continued Closed Record Meeting for the Fidalgo Villas Preliminary Plat and
Conditional Use permits. Council heard the two appeals at a previous meeting and conducted a site visit
earlier in the day. Mr. Ian Munce, Planning Director, reported that the Planning Commission
recommended approval of this project together with the associated Shoreline Permit, subject to 26
conditions. Using overhead displays, Mr. Munce showed the original submission and the current modified
project layout; this project has evolved after public input. The 19 residential lot project is zoned
Commercial Marine (CM); the zone purpose is primarily for visitor oriented activities extending to boat
building, restaurant, and hotel facilities. However, housing is a conditional use in this zone requiring a
site specific inquiry. This property was previously permitted for a hotel, restaurant, and athletic club. The
current owner also proposed a mixed use project; all were approved despite neighborhood concerns over
intensity of use issues. A major boat repair/storage facility and marina are located north and east of this
property.
After Public Hearings, the Planning Commission and applicant, with support from the Skyline Beach Club
Board, concluded that a low intensity residential development of single family homes with major size
limitations would be the best fit for the site. Mr. Munce then outlined the roof height, fence, and setback
conditions. An acre of the total property area is not included in the Flounder Bay Villas application.
Another project issue: If this project is to be developed residentially, what would be the street support
system - Fidalgo Bay Lane would be built to full City standards and tie in with Skyline Way. Another
project issue: what happens regarding maintenance of Skyline Way - records show Skyline Way was
never dedicated to the City and easement rights for use and maintenance of the road are in place. If
developed to City standards the City would take responsibility for the right-of-way. The record shows an
objection from one of the adjacent Condominium owners. Another project issue: Disagreement between
the applicant and Department of Ecology on the location of the Ordinary High Water Mark (OHWM). The
Planning Commission recommended a 35' setback from the OHWM; this would create hardship for
development. A compromise of a 25' setback would satisfy code requirements and allow for building to
commence. Another project issue: With similar CM projects, Council has imposed either R2 (35%) or R3
(50%) lot coverage restrictions. The applicant has proposed that with a 50% coverage and a 25' setback,
the public and City can have full access to the beach along the entire beach frontage. Mr. Munce also
explained that there are new requirements for shore stabilization with emphasis on soft shore armoring.
The applicant has proposed soft armoring with additional strength components; the State Department of
Fish and Wildlife (WDFW) has approved this armoring design; a crib wall. If Council were to approve this
proposal, the matter would be brought back to the Planning Commission to reconsider its position on the
location of the armoring. Additionally, the Skyline Beach Club has reached an agreement with the
applicant regarding height restrictions and impact fee issues.
Mr. Turner spoke in support of the determination of WDFW regarding the OHWM and spoke in favor of
locating the armoring where best to protect marine habitats. He also asked if would be possible to limit
the development of the one -acre parcel to CM only. Mr. Petrish asked about the crib design; Mr. Munce
said that WDFW would have final design approval before beginning construction. The final crib design
could be brought back to Council for review. In response to additional questions from Mr. Petrish, Mr.
Munce explained that the beach debris will be removed and replaced with clean material; the logs would
stay; and the required Maintenance Bond could be extended to ensure compliance. Mrs. Richardson
suggested that the Council should first decide should be whether or not to grant the Conditional Use
Permit. She then read from the Comprehensive Plan goals and policies and Zoning Code definition
regarding the Commercial Marine zone. She then characterized this property as the last piece of CM
zoned property in that shoreline area; residential developments do not promote any of the CM goals or
policies. A mixed used development would be more viable; as presented the project does not meet the
objectives of the zone and she will vote against the project. This project would also set up a conflict
between neighborhood needs and adjacent commercial activity.
Mr. Adams recommended using the rezone process for this proposal in order to gather more input from
the community as a whole. Mr. McKeown agreed on all points offered by Mrs. Richardson and Mr.
Adams. He supported the economic development potential of this property with regard to potential low
impact marine related uses. He said the project would limit the use of the beach. Mr. Petrish said that
the CM property along Oakes Avenue was undeveloped for years; the same is true of the Fidalgo Villas
site. The Skyline area itself is residential and that use fits at the site. He offered that commercial
development is not the highest and best use and spoke in favor of the project.
Mrs. Pickett said that this proposal met with approval from neighbors; she clarified that at this time the
beach is private property even though the owners have not posted "no trespassing" signs. An access
point could be added between the two large lots. A commercial enterprise at this location would be
difficult to sustain with a 90-100 day tourist season. She proposed including a condition to keep the
public access point(s) open to low impact water dependent uses such as kayak rentals. Mr. McKeown
suggested attracting a kayak event on an international level; he's not opposed to residential as long as
there's a mixed use. He again suggested a rezone. Mr. Geer emphasized that over the last 30 years a
number of commercial proposals that have been permitted at this location and along Oakes Avenue - all
without any follow through. Mr. Turner expressed concern about the placement of residential use next to
existing commercial activity. Mr. Petrish suggested that a hotel would have more of an impact than a
residential development; he emphasized that a hotel/convention center would be better located
2164
MARCH 17, 2008 -CONTINUED
downtown. Mrs. Richardson said there is enough residential use in this area; in the future this property
could be a community center focus for the west that could compliment the downtown. After discussion,
Mr. Adams moved, seconded by Mrs. Pickett to table decision on this matter. Vote: Ayes — McKeown,
Pickett, Adams, Turner, Richardson, Geer. No — Petrish. Motion carried.
Mr. Munce emphasized that this is a Closed Record Meeting and no additional testimony, e-mail, letters,
or communication of any kind can be taken. The Mayor encouraged Council members to refer any
correspondence received to Mr. Munce. Mr. McKeown said the only information he has on Fidalgo Villas
was what was circulated last week. Mr. Munce said that a packet will be forwarded to him.
At approximately 9:20 p.m. the Mayor continued this meeting to TUESDAY, April 1, 2008 at 6:30 p.m. in
the Municipal Building Council Chambers in order to conduct the Ferry Advisory Committee Public
Meeting. The Mayor encouraged the community to participate.
A,o 6- G Y IV, a —
Steven D. Hoglund, City Clerk-Treasurer1 H. Dean Maxwell, Ma r
V
u ber
April 1, 2008
Continued Meeting of March 17, 2008
City of Anacortes Planning Director Ian Munce opened the continued meeting with an introduction of the
Washington State Ferry representatives, City Council members (Nick Petrish, Erica Pickett, Kevin
McKeown, Bill Turner, Brad Adams and Brian Geer) and Port Commissioners and presented the agenda
for the evening's meeting.
Ferry Advisory Committee Public Meetinq
Mayor Maxwell thanked everyone for attending the meeting and introduced the new Washington State
Ferries Assistant Secretary David Moseley. Mr. Moseley introduced members of Washington State
Ferries and Washington State Transportation Commission in attendance.
Mr. Moseley stated that most of the discussion for the evening's meeting will focus on operational issues
and some planning work in conjunction with the Transportation Department. Mr. Moseley stated that the
Ferry Service is working to restore public confidence in the ferry system.
Mr. Moseley provided a brief history of his 30 years in public administration management and that in his
current role, he expects to be in touch personally with the communities that provide ferry service. Mr.
Moseley discussed the issues and challenges and what the priorities are to deal with the issues. The
priorities are to build boats, maintain and preserve the current fleet better, and work with the
Transportation and Joint Transportation Committees to establish a long-term financing program. With
that, Mr. Moseley opened the meeting for public comment:
Public comment focused on budget and the status of the Anacortes Terminal. Mr. Moseley stated that
the Terminal design work was well underway. They are anticipating having that work completed prior to
the next legislative session and getting construction funds allocated for the 09-11 biennium.
A question was raised regarding the U.S. Customs operation location and it was stated that there would
be a temporary office for Customs in the Anacortes location but that the operation would eventually be
moved to the Sidney B.C. ferry terminal.
The continued meeting was concluded at approximately 7:30 p.m.
jzd-p
Steven D. Hoglund, City Clerk -Treasurer
Q_//
H. Dean Maxwell, Moor
It ncilmember
2165
April 7, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of April 7, 2008 to order. Roll call
found present: Kevin McKeown, 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 Meetinqs
Mr. Petrish moved, seconded by Mr. Turner, that the minutes of March 3, 2008 be approved as if read.
Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Citizen Hearinqs
Mr. John Adams, 1917 Tweed Place, asked to review the proposal to locate the Marine Skill Center on
the Port of Anacortes Parcel 1. He shared a letter from Mr. Frank Dirksen, Yacht Finders International,
encouraging Mr. Adams to continue his campaign to keep office buildings off of this valuable waterfront
property; Mr. Dirksen fully supported the Marine Skill Center but not at that location. Mr. Adams thanked
the City for its efforts to facilitate an alternative site for the Center. He added that Parcel I is vital to the
development of the waterfront with a mix of retail/restaurant/hotel uses bringing in new tax dollars and
jobs. Placing a school facility at this site would not be economically sound. The available property at
Sharps Corner would meet the needs of the school campus; Mr. Adams asked that the City continue to
share this information with the Port and School District.
Ms. Patty Santangelo, 2510 "M" Avenue, reported on the following meeting schedules: the Skagit County
Coalition to End Homelessness meets at 1:00 p.m. on the second Wednesday of every month - Ms.
Santangelo shared meeting minutes with the Mayor and Council; the League of Women Voters will be
having a Transportation Meeting on April 15th from 11:00 a.m. to 12:30 p.m. at the Skagit Transit Center;
and the Island and Skagit Regional Transportation Planning Organization Policy Board Meeting will be on
April 23rd from 10:00 a.m. to noon at the Oak Harbor Skagit Valley College campus. Ms. Santangelo also
highlighted a sanctuary movement to oversee ICE immigration practices on the local ferry system.
Mavor/Council Communication: Park and Recreation Department Update: Nicole Johnston
Ms. Nicole Johnston, Recreation Coordinator, reported on recent activities: last month the 4th annual
Daddy and Daughter dance was held with over 200 in attendance. Ms. Johnston thanked the local
businesses and volunteers who helped make this event such a success. Also, for the first time in the
Department, there will be a co-ed 4th through 6th grade volleyball league with 52 participants. The Mayor
and Council thanked Ms. Johnston for her report.
Mr. Turner reported on a recent Forest Advisory Board meeting. The purpose of the meeting was to take
public comment on the Draft Forestlands Management Plan. Over 150 attendees participated in the
discussion with several suggestions offered.
The Mayor announced that there will be a tree planting ceremony celebrating Arbor Day on April 9th at
10:00 a.m. at Island View Elementary School.
Proclamation: Public Safetv Telecommunications Week,
Mayor Maxwell read from a document proclaiming the week of April 14 through 18, 2008 to be Public
Safety Telecommunications Week in honor of the men and women whose diligence and professionalism
keep our City's citizens safe. Ms. Deb Welsh, Skagit 9-11 Assistant Director, on behalf of Director Dave
Cooper, thanked the Mayor and Council for taking the time to recognize the incredible job performed by
the 9-11 dispatchers 24 hours a day, 7 days a week.
Reappointment: Citv Improvement Board
Mr. Adams recommended the reappointment of Mr. Bill Mihelich as the Ward 2 representative on the City
Improvement Board. Mr. Petrish so moved, seconded by Mr. Geer. Vote: Ayes - Pickett, Adams, Turner,
Richardson, Geer, McKeown, and Petrish. Motion carried.
Fidalqo Villas: Deliberation/Possible Action.
Mayor Maxwell reconvened the Council deliberation on the Fidalgo Villas Land Use Permit applications.
The Mayor introduced a procedural issue: On April 2nd the City received a challenge from the Skyline
Beach Club Property Owners Association directed at Councilman McKeown regarding the Fidalgo Villas
deliberation. In that regard, Mr. Scott Thomas, Attorney for the City of Burlington, was present to provide
legal advice to the City Council on this issue; Mr. Ian Munce, Planning Director, will continue to support
on planning matters. The letter raised two points (1) possible admission on March 17th by Mr. McKeown
that he had not received, read, or reviewed all the Planning Commission record for the Fidalgo Villas
project prior to the March 17th Council meeting; and (2) possible ex -parte communications and possible
violation of the Appearance of Fairness Doctrine. The Beach Club asked Mr. McKeown to remove
himself from further involvement with the Fidalgo Villas land use applications. The Mayor then asked Mr.
McKeown to address the issues raised.
Mr. McKeown said that he had forgotten that he received the full project record in November of last year.
He then described his study and review efforts preparatory to deliberation and decision on this project.
On the second point, Mr. McKeown pointed out that he has discussed both his opposition to making
changes to the Commercial Marine (CM) zone and his reluctance to allow residential in the CM zone
APRIL 7, 2008 - CONTINUED
without a mixed use component. Although he restated his position that a residential development in the
CM zone should go through the rezone process, he doesn't remember stating a specific bias against this
project. Mr. Thomas said that Mr. McKeown addressed the first point in his remarks; with regard to the
second point, Mr. Thomas spoke with the letter writer and learned that Ms. Deaton was not aware of any
specific comments that would suggest that Mr. McKeown specifically identified this project. Mr. McKeown
said he would not recuse himself from deliberation on this project.
Mr. Ian Munce, Planning Director, then reviewed the substantive issues of this project. Previously,
Council tabled this matter to give more thought to both the residential use component of this project and
to review specific project details/proposed conditions. Mr. Petrish spoke in favor of the project; he said
existing zoning language encompasses the residential use request and a rezone would not be necessary.
Local marine industries are in favor of expanding marine activity south of 22nd Street; that area is centrally
located, and businesses can share a variety of services. Further, he said that a hotel facility in the
Skyline would not benefit the City. Mr. Geer supported locating a hotel/convention center near the
downtown central business district. He offered that over the last 20 years, attempts have been made to
develop hotel/mixed use projects at this Skyline site without any follow through; there's not enough
support in that area for a new mixed retail complex.
Mr. Adams expressed concern for the future economic viability of the community; the Council must
balance all sectors and should proceed with caution about using Commercial Marine property for
residential developments. He spoke in favor of a full rezone procedure. Mrs. Richardson said that even
though the previous CM developments at this site haven't been realized, future developers could make
this property viable for something other than single family homes. She said it was important for the
Council to decide that the City has enough land zoned for homes. Also, non-residential or mixed use
would provide a more substantial tax base as well as provide more jobs. She also pointed out that a
commercial enterprise, under the existing codes, would be required to provide public access. Citing a
conflict between high end homes and commercial marine uses, Mrs. Richardson suggested waiting for
the right use for this property. Mr. Turner was not convinced that a hotel complex will ever work on this
property given the current market and building codes. The Fidalgo Villas proposal is the appropriate use
of this property. Salmon habitat protection, public access, and beach improvements are all pluses for this
project. He did express concern that the existing commercial marine activity at this site could be
compromised, and asked if the new homes could be subject to an acknowledgement of the current
adjacent marine trade activity/noise.
Mr. McKeown read two letters of protest from the Planning Commission record. Mr. Petrish pointed out
that there were no letters of protest from the marine industry regarding residential use in the CM zone; he
reiterated his vision for commercial marine activity south of 22nd Street. Mrs. Richardson suggested a
need for a community center at Skyline. Mrs. Pickett reviewed the different issues raised; she
emphasized the need for protection of the existing commercial activity. Mr. McKeown said he would have
favored a mix of uses to honor current zoning and comprehensive plan regulations. In answer to a
question from Mrs. Pickett, Mr. Munce explained that this is not the last piece of Commercial Marine
property in the Skyline area; 15 acres remain. Councilmembers restated their concerns. With that, Mr.
Petrish moved, seconded by Mr. Geer, to approve the Fidalgo Villas Conditional Use and Preliminary Plat
Applications subject to the conditions recommended by the Planning Commission. Mrs. Richardson
shared her thoughts on the Conditional Use process; she would prefer to discuss conditions if this project
should move forward. Mr. Petrish reworded the motion to move the Conditional Use Permit application
forward to the next meeting for further discussion on the conditions. Mr. Geer seconded this rewording.
Councilmembers restated their concerns: the philosophy underlying comp and zoning documents;
damage to the marine environment with construction from a boat launch; development of commercial
marine enterprises south of 22nd Street; protection of existing businesses adjacent to site; realistic
possibilities for commercial use of this property; allowing small scale commercial enterprises to use the
public access. Vote on amended motion: Ayes — Turner, Geer, Petrish, and Pickett. No — Adams,
Richardson, and McKeown. Motion carried.
Election Charqes: Next Steps)
Mayor Maxwell discussed the Skagit County Auditor's new billing methods for assessing voter registration
costs to incorporated cities in the County. The Auditor's Office recently changed the methodology to
determine these costs and, without notice, increased the City's portion to approximately $18,800. This
unexpected cost increase was levied after the budgeting process; the various cities requested that the
Auditor's Office used a tiered approach to collection; the request was denied. In response, the Mayor
explained that the City will be asking Skagit County to reimburse the City Anacortes for the difference
between the costs to serve non-resident library patrons and the associated subsidy that the County
provides — a difference of approximately $48,451.22. In addition, the City will be reviewing fees for use of
the City's parks by non-residents. The Council supported this approach.
Ordinance: Street and Allev Vacation Procedures
Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review. If adopted, the
Ordinance would add Chapter 12.50 to the Anacortes Municipal Code clarifying the City's street vacation
procedures and formally enacting local procedures for review of all vacation petitions. Mr. Munce
reviewed the history on how the City arrived at the 75% compensation rate requirement. With that, Mr.
McKeown moved, seconded by Mr. Geer, to adopt Ordinance No. 2780 entitled "An Ordinance of the
City of Anacortes, Washington Relating to Public Right -of -Way; Adopting Procedures for Street and Alley
2167
APRIL 7, 2008 - CONTINUED
Vacations; Adding a New Chapter 12.50 to the Anacortes Municipal Code." Vote: Ayes — Turner,
Richardson, Geer, McKeown, Petrish, Pickett, and Adams. Motion carried.
Acceptance of Economic Development Grant (Sharps Corner)
The Mayor presented an Interlocal Cooperative Agreement between Skagit County and the City of
Anacortes for the Short Plat Development project at Sharpe's Corner. Mr. Ian Munce, Planning Director,
pointed out that the Willette family, due in part to the family's long standing relationship with the Mayor,
gave the City 88 acres as a direct gift; the Short Plat is located on a portion of this property. Mr. Munce
then described the adjacent Sharpe's Corner roundabout design proposed by the Department of
Transportation. If approved, this grant will be used, in part, to improve local infrastructure capacity by
providing access to and from SR 20 and the project site. Also, sewer, water, and storm will be extended
south of SR 20 to serve the proposed 9 -lot development. The Mayor discussed the City's alternative plan
for the location of the proposed Marine Skills Center on this property. This Grant could assist in the
infrastructure costs associated with that project; additionally the Mayor highlighted that a consortium of
users, including the Skills Center, located at this site could provide considerable economic support to the
City. Discussion followed regarding the State's current trend to develop roundabout intersections. With
that, Mr. Turner moved, seconded by Mr. McKeown, to authorize the Mayor to enter into an Interlocal
Agreement with Skagit County for the Sharpe's Corner Short Plat Development Project. Vote: Ayes —
Richardson, Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
Ordinance: Pawn Shop and Second Hand Stores
Assistant Police Chief Bonnie Bowers presented an Ordinance to Council for adoption. Previously
reviewed in Study Session, the document now before Council revises the current Ordinance to allow for
electronic transmittal of purchase information to the Police Department in accordance with the Revised
Code of Washington. Chief Bowers explained that this Ordinance will not affect thrift shops. After
discussion, Mr. Geer moved, seconded by Mrs. Pickett to adopt Ordinance No. 2781 updating reporting
procedures for pawnbrokers and secondhand dealers and amending Chapter 5 of the AMC. Vote: Ayes
— Geer, McKeown, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
Consent Aqenda
Mrs. Richardson moved, seconded by Mr. McKeown, to approve the following Consent Agenda
item. Vote: Ayes — McKeown, Petrish, Pickett, Adams, Turner, Richardson, and Geer. Motion
carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on March 20, 2008, March 27, 2008, and April 3, 2008 are approved for payment as of this
date April 7, 2008.
Claims Warrants: Mar/Apr 2008: Warrant Numbers 45397 through 45656 in the total amount of
$797,043.36
EFT: March 2008: EFT Number 45396 in the total amount of $207.00
Prewritten Claims: March 2008: Warrant Number 45395 in the total amount of $1,142.37
Pavroll March 20, 2008 in the total amount of $485,700.47
Warrant Numbers 32079 through 32123 in the total amount of $42,756.44
Direct Deposit Numbers 25759 through 25928 in the total amount of $279,249.17
EFT Numbers 832 through 836 in the total amount of $163,694.86
Pavroll April 4, 2008 in the total amount of $782,911.33
Warrant Numbers 32125 through 32179 in the total amount of $248,581.78
Direct Deposit Numbers 25929 through 26047 in the total amount of $292,650.65
EFT Numbers 808 through 841 in the total amount of $241,678.90
Public Hearinq: 2008 Action Plan - CDBG
Mayor Maxwell opened the Public Hearing to take comments on developing the 2008 Action Plan; the
one-year Plan describes how the City can meet the community development needs, particularly of low-
income residents, relative to the City's Community Development Block Grant (CDBG). Mr. Ian Munce,
Planning Director, explained that administrative processing of Federal block grant funds is complicated
and voluminous. Ms. Joanne Stewart, Planning staff, is handling the paperwork in-house. Mr. Munce
turned to Page 4 of the Plan showing a tentative allocation of approximately $105,000; funds are
earmarked for, in part, administration (including a required computer training program); community land
trust effort; direct services to the Skagit County Community Action Agency; capital projects for the
regional food bank; and infrastructure for the Anacortes Community Shelter. The Mayor opened the
hearing for testimony on the overall approach and on particular projects; public comment will be taken
until May 6th. There were no comments from the audience and the Mayor closed the Public Hearing. The
Mayor encouraged the community to weigh in on the use of these funds.
There being no further business, at approximately 9:30 p.m. the Mayor adjourned the regularly scheduled
April 7, 2008 City Council meeting. -
A 4P �✓ ca,��
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Mayor
ancember
April 21, 2008 '
At 7:30 pm. Mayor K8mxvveU called the regularly scheduled meeting of Monday, April 21. 2008 to order.
�Roll call found present Kevin K8cKeown. Nick P. ah. Erica Pickett, Bill Turner, Cynthia Richardson, and
Brian Geer. Absent: Brad Adams. Roll call was followed bythe Pledge ofAllegiance.
K8immtem of Previous KOemtimq
Mr. Turner moved, seconded by Mr. Pedrinh toapprove the minutes ofMarch 17. 2008 as if read. Vote:
Ayan— Petrieh, Piukett, Turnar, Richardson, Gear. and McKeown. Motion carried.
CitiomnHaarinom
Nocitizens present wished totestify onmatters not onthe agenda.
Mayor/Council Communication
Mayor Maxwell announced that there will be a Breakfast Fundraiser for the Anaoortea Boyo and Girls
Club on May 15mfrom7:00 a.m. to 8:30 p.m. The Mayor emphasized that the Club provides a great
service tothis community and iainneed offunding support.
The Economic Development Study, Phase |\ isavailable for review.
FidolqoVUias: OeDberat[am/Poss[blm/kctimo
Mayor Maxwell initiated the deliberation phase onthe Fidm|goViUas Land Use Permits. Mr. ]an K8unce.
Planning Director, explained that the Public Hearing phase is closed; appeals have been heard; and the
Council voted to move the Conditional Use application forward to address project conditions. Thefirst
five are standard conditions that focus ongeneral facilities charges, large parcel storm water and water
quality control p\ans, and permit time limits. Mr. KUunoe then reviewed each of the conditions
recommended by the Planning Commission and discussed the following condition details.
Condition #6addresses the shoreline public access easement trail adjacent tnLot 1Ei Asplit rail fence
and signage are required at the applicant's expense. Mrs. Richardson suggested that there be a means
to get from the sidewalk to the beach; the undeveloped pathway doesn't meet the intent of the CM zone
access requirement. Also, there's no place for the handicapped to sit and enjoy the beach, Mrs. Pickett
offered that an all -terrain vvhea| choir may offer a solution to this type of aomsaa issue. Mr. McKeown
suggested including msma|| pocket park toaddress these concerns. Mr. K8unoe said that language could
be included to require a paved ADA -compliant access to be approved by the Planning Commission; also,
the requirement to keep the pathway in a "natural state" could be deleted.
Condition # 7 addresses the shoreline Ordinance High Water Mark K]HVVK8 delineation. There's
disagreement from the applicant on the three proposals submitted by the State Department of Ecology on
the location of the {}HVVK4. In any event, re -identification of the OHVVM will be required at the Building
Permit phase. The setback from the {}H\k8M will not be an issue to the applicant if 50% lot coverage is
permitted. Condition # 8 clarifies that the public access aoaennenta shall be provided on all of the
tidelands. Condition #1Orequires a Shoreline Vegetation Landscape Plan; the Plan shall include aS-foot
wide marine vegetation strip landward of the hop of the bank. Condition # 17 addresses the sidewalk
improvements along Skylinev|iVVayand Cabana Lane and around the ''futuredeva|opnnantnite'' Approval
of this condition signifiestha dedication of the roadway to the City. With regard to condition # 22, the
applicant proposes true beach restoration and a soft shore armoring project that will stabilize the
shoreline. Language referencing consistency with Hydraulic Project approval from the Washington
Department ofFish and Wildlife isproposed. Condition #25addresses the 35'setback from the OH\NK8;
this condition should also address lot coverage and setback language. Condition #26regarding the toe
of the crib structure shall be deleted. New Condition #26 imposes o Boat Yard Easement. K8ne.
Richardson suggested including language regarding other uses legally allowed in the Commercial Marine
zone. Extensive discussion followed regarding the 25' setback, |000bnn ofdeoks/struotures' and effect of
storm action onthe shoreline. Mr. Turner emphasized the need to protect adjacent marine businesses
from disruption nfservice due tu complaints from the new subdivision.
Mrs. Pickett recommended adding: a condition regarding the prohibition ofpesticides and herbicides,
adding language regarding opening the public aooaas pathway to low -impact, water dependent
commercial ussm, such as kayak nanba|s, and adding aoondiUon requiring the south facing windows to be
outfitted with steel storm shutters. Mrs. Richardson asked to have further discussion on the 5096 lot
coverage proposal. Mr. Turner asked the applicant to consider complying with the 35' setback
requirement inlight ofn5096lot coverage component. Discussion followed regarding doaivnetingShy|ine
VVoyaoapublic street. The anoandedconditions wiUbebrought back b)<�ounoi|onK8ay5`
Consent Amendo
N1c Geer moved, seconded by Mrs. Richardson to approve the following Consent Agenda item. Vote:
Ayes — Pickett, Turner, Richardson, Geer, McKeown, and Petrish. 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 the Council Finance
Committee on April 10, 2008 and April 17, 2008 are approved for payment as of this date April 21, 2008.
APRIL 21, 2008 — CONTINUED
Claims Warrants
April 2008: Warrant Numbers 45GG2through 45O75inthe total amount of$6SG.339.7O
ER
April 2008: Warrant Numbers 45GGOthrough 45OR1inthe total amount of$37O.4O
PnavvhttenC|aims
April, 2008: Warrant Number 4G85Qinthe total amount of$8.82U.8O
Pavro/|Aori|18.2DO8inthe total amount of$4Q4.518.35
Warrant Numbers 3218Uthrough 32224inthe total amount of$44.Q31.O4
Direct Deposit Nos. 2G12Othrough 2G202inthe total amount of$282.27G.18
EFT Numbers O42through 848inthe total amount nf$167.31O.53
Cancellation ofWarrants
Warrant Number 44485inthe total amount of$1G.4S
Warrant Number 37U87inthe total amount of$5U1.43
Contract Approval: AnacortmsLibrarv/DebtReuovarvSpecialists
K8a. Cynthia Harrison, Library Director, first introduced Mr. Bob Howell, Chairman of the Library Board of
Trustees. Ms. Harrison went on to explain the need for o collection agency relative to delinquent
accounts for overdue rnob*ho|o. Based on recent statistics, it is estimated that unpaid bills costs the City
and taxpayers a nnininnurn of$1O.00O/yaer in rnateha|e, expenses for mailing, supp|ias, and staff time.
Additional costs are incurred in the selection and replacement of items. In that regard, the Library is
requesting contract approval to use Debt Recover Specialists ho administer collection program. Mr.
Turner thanked Ms. Harrison for bringing this issue to Council's attention. Discussion followed regarding:
the current notice and collection procedure; implementing o book amnesty day; and overall privacy
issues. It was suggested that the collection time frame be shortened. With that. Mr. Turner nooved,
seconded by Mr. McKeown, to authorize the Mayor to enter into a contract with Debt Recovery Specialists
tomanage the City ofAnacortaoLibrary collection recovery processes. Vote: Ayas—Turner.Richordnon.
Geer, McKeown, Pethsh.and Pickett. Motion carried.
Ordinance: Ist Quarter BodoetAmendment
Mr. Steve Hog|und, Finance Director introduced on Ordinance to Council for review and adoption. If
adopted, the Ordinance would amend the 2007 Budget in the following funds: Parks Capital
Improvement (Fund 108); Parks Impact Fees (Fund 112); Storm Drain (Fund 445); and General Fund
(Fund 001). Mr. Hoglund reviewed each of the amendments in detail. With that, Mr. Turner moved,
seconded by Mr. Gear, to adopt Ordinance No. 2782 entitled "An Ordinance Amending Ordinance No.
2771 Adopted on November 10"' of 2007, Entitled "An Ordinance Adopting the Budget and Salary
Schedule for all Municipal Purposes and Uses for the Year 2008"Vote: Ayes— Rioherdson, Geer,
McKeown, Patrish.Pickett, and Turner. Motion carried.
Write-off AqinoAccounts Receivables
K4c Steve Hog|und, Finance Director presented an April 15' 2008 Delinquent Account Write -Off Report.
Mr. Hoglund explained that those accounts listed have already been through the collection agency
process and, for the most part, are several years old. With that Mr. Geer nnoved, seconded by K0c
McKeown to authorize the write-off ofthe delinquent accounts listed in the City ofAnaoortea Delinquent
Account Write Off Report, 4/15/08. Vote: Ayes - Geer, McKeown, Patriah. Pickett, Turner. and
Richardson. Motion carried.
Relocation of 36-mchWaterline at Smimmmish Casino Area
K8c Fred 8uohenmneyer, Public Works Dinachzr, addressed the relocation of portion of the 36' waterline
adjacent to the Swinorniah Casino. K8c Buckennneyerfirst introduced yWc Matt Reynolds, the City's new
Assistant City Engineer who will be working on this project; Mr. Eric Shjorbook, Assistant City Engineer
was also in the audience in support of this task. This proposal has been extensively reviewed at the
Public Works Committee level. Mr. 8uohmnmeyerexplained that the easement through which the existing
36 -inch water transmission line crosses the Gvvinomnioh Tribe's property has expired. At the same time,
the Tribe is requiring the City to relocate the 36 -inch transmission line in the vicinity of the Northern Lights
Casino as a condition of granting a new easement to cross the Tribe's property. Additionally, the route of
the future relocated transmission line will cross property where the Tribe is preparing to immediately
construct new parking lot. In order to mitigate damages and to satisfy the contract obligations for
cooperation in utility system planning, the City is proposing to install approximately 300 feet of pipe in
conjunction with the Tribe's imminent work in proximity to the easement area. Also, the Tribe has agreed
to have the Tribe's contractor install the required pipe with the City reimbursing the Tribe for the cost of
that work.
Mr. Buckannnayerabmintedout that the SvvnonlkshTribe ksrequiring that the Chvoon�p�tethe Phase
1��U����m�������e���d�����s��pm�m���'the Tribe is currently
performing. These improvements include environmentally sensitive work incorporating low impact
development techniques and nnobaha|a. If the City were to attempt the pipe line relocation work in the
future subsequent to the tribes site improvements, a sizeable portion of the environmentally sensitive low
impact construction would be significantly comprised; thenefora, staff is requesting the declaration of
emergency to allow the mayor to enter into an agreement with the Svvinonnish enabling the use of their
contractor. Mr. /an K8unna. City Attonney, pointed out that a declaration of emergency is o significant
onUVn and will allow for this work to be done; the new lease with the Tribe will be effective for 99 years.
After discussion, Mr. Turner moved, seconded by Mr. Geer, to adopt Resolution No. 1759 entitled ''A
2170
APRIL 21, 2008 —CONTINUED
Resolution Relating to the City's Water System: Declaring an Emergency and Authorizing the Installation
of 36 -inch Water Transmission Pipe on Swinomish Tribal Community Property." Vote: Ayes — McKeown,
Petrish, Pickett, Turner, Richardson, and Geer. Motion carried. The Mayor expressed deep appreciation
for the cooperative working relationship with the Swinomish Tribe.
Approval: Commercial/Highwav 20 Intersection Consultant Aqreement
Mr. Eric Shjarback, Assistant Engineer, presented a request to Council for contract approval of the
Conceptual Design of the Commercial/Highway 20 roundabout. Mr. Shjarback explained that the scope
of work for this project includes an intersection analysis (including existing conditions, a signal, and 3
different configurations); conceptual geometrical analysis with WSDOT approval; 30% plans; opinion of
probable costs; and an informational brochure. Eight firms submitted resumes and 3 were invited to
submit proposals; Reid Middleton was selected. After discussion, Mr. McKeown moved, seconded by
Mrs. Pickett, to authorize the Mayor to enter into a contract with Reid Middleton for the Conceptual
Design of the Commercial Avenue Roundabout in the amount of $35,598. Mr. Turner spoke in favor of
the motion. Vote: Ayes — Petrish, Pickett, Turner, Richardson, Geer, and McKeown. Motion carried.
There being no further business, at approximately 9:05 p.m. the Mayor adjourned the regularly scheduled
April 21, 2008 Council Meeting.
Steven D. Hoglund, City Clerk -Treasurer
May 5, 2008
-71 J4__ MZ4�
H. Dean Maxwell, - yor
(4
'Goup►eiember
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, May 5, 2008 to order.
Roll call found present Kevin McKeown, 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
The minutes of April 7, 2008 will be available for review and adoption on May 19, 2008.
Citizen Hearings
Mr. Bill Mitchell, 807 27th Street, reviewed: status of the tugboat Union (plans are to clean up the Union,
put murals on it, and find a place to display it); status of the tugboat Enchantress (plans are to develop
community support for encouraging the Department of Ecology to leave the Enchantress in the water);
and status of Mr. Mitchell's 24 -year mural project (a multiple mural unveiling was held commemorating
this milestone). Mr. Mitchell would like to conclude the mural project in the next year and a half. On
behalf of the Council and community, Mayor Maxwell thanked Mr. Mitchell for his continuing efforts to
preserve the history of Anacortes.
Mayor/Council Communication
Mayor Maxwell recognized Councilmember Nick Petrish, a recent recipient of the Liberty Bell Award. This
prestigious award acknowledges individuals who have contributed a lifetime of community service. The
Mayor and Council also acknowledged former Liberty Bell recipient, Mr. Wally Funk.
Appointment of Bonnie Bowers as Chief of Police and Oath of Office
Mayor Maxwell described the selection and hiring process for the new Chief of Police. Twenty
applications were received; two from the Anacortes department. The City's hiring panel interviewed five
of the applicants; as a result the Mayor recommended the appointment of Bonnie Bowers as the
Anacortes Police Chief. Mrs. Richardson, a member of the interview committee, supported the Mayor's
recommendation and moved to confirm the nomination of Bonnie Bowers as the City of Anacortes Chief
of Police; Mr. Petrish seconded the motion. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson,
Geer, and McKeown. Motion carried. The Mayor thanked the members of the Police Department in the
audience for their support.
Mayor Maxwell then administered the Oath of Office. Chief Bowers thanked the Mayor, Council, and
Department Heads, and shared her commitment to keep Anacortes a safe place for our citizens to live.
She also expressed appreciation for her career mentors, family, and friends for their continuing
encouragement and support.
Proclamation:
Mayor Maxwell read a Proclamation declaring May 2008 as National Historic Preservation Month in the
City of Anacortes and called upon the people of the City to recognize and participate in this special
observance. The Proclamation stated, in part, "Whereas, it is important to celebrate the role of history in
our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects
MAY 5,2008 -CONTINUED
ofthe heritage that has shaped usaaapeopke." The Mayor then introduced Mr. Steve Oakley, Museum
KAc Oakley explained that the Anaoorteo Historic Preservation Board is celebrating National Historic
Preservation Month by honoring significant individuals and projects that have contributed to the
preservation of history in the City ofAnocortao. K8c Oakley introduced K4e. Margaret DeLounne, Board
Member. Ms. DaLounne explained that this is the fourth year of the owopda program; she then
announced the following recipients: Mr. VVa||y Funk' Visionary Award. Mr. Funk is well known for his
efforts to pneserveAnouortes history through, in port, securing historical photographs and negatives that
would have been destroyed and lost. Mr. Funk has generously reproduced and shared his extensive
photographic collection, providing an invaluable resource reflecting this city's architectural heritage and its
social and economic culture. Also, through the efforts nfMr. Funk and others. theAnaoortes Museum of
History Board was created in 1958. The second 2008 Visionary Award recipient is Mr. Nick Pethah. Mr.
Pathsh, City Council Ward 1 representative, has championed the preservation of the {}|d Town
neighborhood and has spearheaded the movement seeking resident input to define the future
environment ufOld Town. The third acknowledgement is a Project Excellence Award. The City of
Anaoodaa Perks and Recreation Department is being recognized for the highly creative historic aa/nnnn
can label project. This project is an *xornp/e of blending /ooy| history with meaningful environmental
utility. Abrochure representing this project in detail is available. The presentations were followed by
standing ovation and ophoto op. Mr. Oakley introduced the History Board members.
ReoPpontmenta:ACFABand APRAB
The K8avur nsoonlrnonded the followingreappointments: Marcia Hunt to the Anacorbes Parks and
Recreation Advisory Board with e term ending October 2012; Michelle McPhee to the Anouurb*a
Community Forestlands Advisory Board with o term ending November 2011; Brian Watcher to the
Anacortee Community Forestlands Advisory Board with aherm ending November 2009. With that. Mr.
Patrish nnoved, seconded by Mr. Geer, to confirm the reappointments as presented. Vote: Ayes —
�
P/oke,Adarns.Turnar'Riohardeon.(�ae���oKenvvn.andPetrish. Motion carried.
FidalqoVi|/as: Proposed Conditions
K8c Ian K8unca, Planning Director, explained that the FidakJoViUaa plat and conditional use app|icationa,
appeaks, and recommended conditions have been navevvud by the City Council. Mr. K8unoe then
reviewed the 28 conditions proposed and highlighted three key issues. (1) Condition #G relates tnthe
public access pathway and includes language regarding a paved ADA compliant access to the top of the
bank. (2) Condition # 8 now includes language clarifying that public access will be dedicated at final plat
approval. (3) Condition #25 establishes the setback from the DHVVM. Mr. K8unoe clarified that together
with o25' setback and 5096 lot coverage, the beach will be cleaned up' the City gets public access, unft
shore armoring, public access, and language regarding low impact commercial activity. AdditionoUy, with
regard to view protection, the Skyline Beach Club negotiated |ovvar height Urniba on a number of these
Discussion followed about low impact commercial use language; setbacks; view corridors; permeable
paving; future bank erosion; 25' versus 35' setback from the DHVVM; securing the beach for the public;
development ofFlounder Bay' beach restoration; and pocket parks. After discussion, K8c Turner moved,
seconded by K8c Pethah to approve the Fidm|goViUas Conditional Use application for the development of
1Qresidential sites subject to28conditions asmodified: Condition #25: The building setback shall be
30 feet back from the Ordinary High Water Mark, maximum lot coverage shall be 50%, and R 3 setbacks
aho|| apply."; Condition # G: "The shoreline public access easement trail adjacent to Lot 19, from the
Cabana Lane ou|-de-aoc, ahe|| be delineated by use of split nyi| fence and signage indicating shoreline
public access at the applicant's expense. The fence design and sign design shall be submitted to the
Parks Department and Planning Department for review and approval prior to installation. The public
eooeaa pathway and beach shall be open to |om+impact, water dependent recreational uoes, such as
kayak renha|o, on approved by the City Parke Director. One handicapped and three general public
parking spaces shall beprovided adjacent tothe public access trail. Other than apermeable paved/ADA
compliant ouoasa to the top of the bank approved by the Planning Commission prior to construction
activity commencing on the site, the shoreline access shall remain in a natural state with no developed
pathway to the beach."; Condition # 8: "Public access easements shall be provided at Fina/ Plat
approval onall ufthe tidelands ofLot 1through Lot 19and remain unobstructed byfences nrstructuna�''
and Condition #27: ''South facing windows shall be outfitted with storm shutters or windows constructed
structures.";
of steel or equivalent material(s)." Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, and Pet�—''.
No—McKeown. Motion carried.
CmnmentAqenda
Mr. Geer moved, seconded by Mr. Adams to approve the following Consent Agenda items. Vote: Ayes Adams, Turner, Richardson, Geer, McKeown, Petriish, and Pickett. Motion carried.
—
Amnova|ofVouchers/Cancellation ofWarrants
Council voted unanimously that the following vouchers/warrants audited and certified byv the City'sAuditing Officer (Finance Director)and subsequently reviewed and approved by the Council Finance
Committee on April 24. 2008 and May 1. 2008 are approved for payment as ofthis
' date May 5. 2008.
Claims Warrants
2172
MAY 5, 2008 - CONTINUED
May 2008: Warrant Numbers 45877 through 46055 in the total amount of $407,354.29
EFT
May 2008: Warrant Number 45876 in the total amount of $84.00
Pavroll Mav 5, 2008 in the total amount of $702.220.22
Warrant Numbers 32225 through 32285 in the total amount of $253,237.49
Direct Deposit Nos. 26293 through 26482 in the total amount of $280,566.12
EFT Numbers 849 through 853 in the total amount of $168,416.61
Warrant Number 37087 in the total amount of $501.43
In the same motion Council:
Approved the Street Fair Application for Shipwreck Days, downtown Anacortes, July 19, 2008 from 8:00
a.m. to 6:00 p.m.; applicant and staff agree as to conditions and services;
Approved the Street Fair Application for the Anacortes Waterfront Festival, Cap Sante Boat Haven, May
17, 2008 and May 18, 2008; applicant and staff agree as to conditions and services.
Skaqit Flow Manaqement Committee: Proposed Rules of Procedure
Mr. Ian Munce, Planning Director, explained that the 1996 memorandum of Agreement establishes the
City's water rights; the Agreement specifies, after identifying minimum in -stream flows for fish in the
Skagit River, there will be an ongoing adaptive management monitoring approach together with a flow
management committee comprised of eight signators to the MOA. The Committee will meet quarterly; the
draft bylaws now before Council have been reviewed by the Committee. Of note, if a change in any of
the bylaws will have to come back to the authorizing bodies. With that, Mr. Turner moved, seconded by
Mr. McKeown, to accept the Proposed Rules of Procedure. Vote: Ayes — Turner, Richardson, Geer,
McKeown, Petrish, Pickett, and Adams.
Public Hearinq: Latecomer Application — Anstensen Waterline
Mayor Maxwell opened the Public Hearing to take comments on a Latecomers Agreement submitted by
Mr. Ted Anstensen relative to a 12 -inch waterline approximately 2,500 feet long located along Marine
Drive extending to the intersection of Havekost Rock. Forty parcels benefit from this improvement. Mr.
Ian Munce, Planning Director, explained that in the past, the City has worked with other water districts
and water purveyors and agencies to identify service areas. With regard to waterline installations,
developers can recover costs through the Latecomer Agreement process. Mr. Ted Anstensen has
located a waterline in our service area; he has come to the City to apply for a Latecomer's Agreement.
However, the line goes through the Del Mar water service area; anyone in that service area wishing to
hook up to City water must follow an elaborate process outlined in Chapter Five of the Coordinated Water
System Supply Plan. Mr. Fred Buckenmeyer, Public Works Director, briefed the Council and audience on
the Latecomer Agreement process relative to Anacortes Municipal Code. In that regard, if a developer
builds a waterline, street, or storm line and parties benefit but don't participate, the developer has a right
under the City Code to recapture that cost. To recover any costs, an application must be made to hook
up to the utility.
Mr. Buckenmeyer explained that the proposed assessment is $8,944.67 per parcel; these costs have
been reviewed by the Engineering Division and consulting engineer. City Ordinance also allows for a
waiver of the service connection fee if applicants connect within two years. Further, the Agreement
stipulates a 10 -year recovery period. The Mayor pointed out an anomaly in the Ordinance language
referencing the connection fee waiver. The parcels in question are existing lots of record. Discussion
followed regarding the Del Mar water and density issues.
Mr. David Windecker, 11991 Marine Drive, member of the Del Mar Community, discussed items 9 and 10
of the Agreement relative to the purchase of water. There were no further comments and the Mayor
declared the Public Hearing closed. Mr. Munce recommended that language should be added to items 9
and 10 to clarify intent. The Mayor stated that action/adoption will be deferred until an Agreement
reflecting the clarifications highlighted in discussion is brought back to Council
Memorandum of Understanding: Rock Ridqe Communitv Association
Mr. Ian Munce, Planning Director, explained that the Rock Ridge Community Association has requested a
Memorandum of Understanding (MOU) with the City that tracks in every respect the Memorandum of
Understanding the City currently has with the Skyline Beach Club. The MOU identifies an Architectural
Committee process and oversight and outlines a notification process. Mrs. Richardson, consultant to the
Rock Ridge Architectural Control Committee, suggested adding language to clarify that the City has
neither the right nor the responsibility to delay the process if the applicant wants to move forward with an
application without Association approval. Mr. Munce pointed out that Item 2 of the MOU authorizes a 30 -
day review period for Architectural Committee review; he offered that the 30 -day delay would not result in
damages to the City. After discussion, Mr. Turner moved, seconded by Mr. Geer, to authorize the Mayor
to enter into a Memorandum of Understanding with Rock Ridge Community Association. Vote: Ayes —
Turner, Geer, McKeown, Petrish, Pickett, and Adams. No — Richardson. Motion carried.
Puqet Sound Partnership: Draft Letter
Mr. Ian Munce, Planning Director, explained that the mission of the Puget Sound Partnership is to identify
the issues in long-term sustainability of Puget Sound; an action plan to restore and protect the values that
are important in Puget Sound has been developed. Additionally, the Partnership has recommended the
2173
MAY 5, 2008 - CONTINUED
development of a regulatory agency that would develop standard regulations across the whole region.
The Council is considering a draft letter to comment on the Initial Discussion Draft — Habitat and Land
Use document. The letter clarifies that a one size fits all set of regulations is not a good or workable
solution; the letter also emphasizes the need for some local planning and local support. After discussion,
Mr. Geer moved, seconded by Mr. Turner, to support the comment letter. Mrs. Richardson suggested
emphasizing the one size does not fit all language in paragraph one. Ayes — Richardson, Geer,
McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
At approximately 9:30 p.m. the Mayor announced that the meeting is continued to Monday, May 12, 2008
at 7:30 p.m. for the purpose of approving the 2008 Community Development Block grant Action Plan.
A_Q ,0-,e AU
Steven D. Hoglund, City Clerk -Treasurer
%6
H. Dean Maxwell, Mayor
inber
Mav 12, 2008 - Continued Meetinq of May 5, 2008
Mayor Maxwell called the continued meeting of May 5, 2008 to order at 7:30 p.m. Roll call
found present: Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Brian Geer, and Cynthia
Richardson. Absent: Kevin McKeown.
2008 CDBG Action Plan Approval
Mr. Ian Munce opened the continued meeting with the introduction of the 2008 federal funding
the City received from HUD in the amount of $104,980. This funding was allocated by HUD for
assistance to low income individuals and low income programs. The Council is asked to act on
the distribution of the funds in the following allocations: approximately $15,000 to the Skagit
County Community Action Agency for services (the maximum allowed for this allocation);
approximately $16,000 for administration and planning which includes allocation to the
Community Land Trust if they have a particular project (if they do not have a particular project
for this cycle, the funding will be carried forward for future years); approximately $60,000 to the
Anacortes Community Shelter, with the remaining funding used to support the regional food
distribution center in Sedro Woolley. Mr. Munce stated that this is not a final decision but an
initial allocation decision by the City Council
Mrs. Richardson stated that the Council has reviewed the various elements several times in
Study Sessions and Council meetings and believes this is very important to move forward. Mrs.
Richardson made a motion to approve the 2008 Action Plan and the motion was seconded by
Mr. Turner. The 2008 CDBG Action Plan was approved unanimously.
At approximately 8:00 p.m., the Mayor announced that the meeting is continued to Monday,
May 15, 2008 at 7:30 p.m. for the purpose of considering the Interim Ordinance Adopting
Regulations Regarding Cellular Facilities and Declaring an Emergency and the Ordinance to
Adopt Development Regulations Providing for Identification, Designation, Siting and Regulation
of Essential Public Facilities, Adopting a New Chapter 17.75 AMC, Adopting a Work Plan and
Declaring an Emergency.
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Maybr
Councilmember
Mam15`2008-Continued Meetin-q of Mav 12,200
Mayor Maxwell no|ked the continued of May 15' 2008 to order at��3O p.m. Roll call found
- present: Nick Erica Pickett, Brad Bill Turner, Brian Geer, Kevin McKeown and Cynthia
pre�e . .
Richardson.
Mayor K8oxwe|| announced the two hams on the agenda under consideration: Interim Ordinance
Adopting Regulations Regarding Cellular Facilities and Declaring on Emergency and Ordinance toAdopt
Development Regulations providing for Identification, Designation, Siting and Regulation of Essential
Public Facilities, Adopting n New Chapter 17.75 AMC, Adopting a \hkorh Plan and Declaring an
Emergency. Mr. (am K8unua. Planning Direotor, then provided the background for these emergency
ordinances.
Interim Cell Tower Ordinance: Public Hmmrimq
Mayor K8axvwaU opened the public hearing. Mr. K8unce discussed the T -Mobile cell tower issue that
prompted the court decision. T -Mobile's choice for placement of the cell tower was on the property of the
Methodist Church located on "H" Avenue. After public hearings and citizen input, the City denied this
request but offered other sites for the location of the ne|| tower that would not interfere with city views. T-
W4obi|edeu|ined the other choices and challenged the decision by taking the matter before the Federal
District Court in Seattle. The 0athnt Court Judge threw out the council decision and issued an order for
the City to provide a building permit to T -Mobile for the site on the church property.
Mr. K8unce stated that we can request o stay of the order and appeal. The cost for this would be
approximately $30,000. This would provide some time to develop an Ordinance that would not be so
burdensome to applicants and still provide the City with the decision as to where such construction could
be placed.
After discussion, Mr. yWunce restated the question as towhether we want to file an appeal by Monday to
at least ask for a stay and then asked the Council to consider drafting a new cell tower ordinance which
takes out the information that the Court finds objectionable.
Mr. Gear suggested that this situation is "bigger than a cell tower' in that the federal government is
preempting our local government. Mr. Geer believes we should appeal this decision and does not agree
with the federal government telling the City how vvashould operate.
Mr. Turner inquired whether this is just a delaying tactic and that we will most |ihs|y not be successful in
pursing an appeal. Mr. Turner believes this may work to allow time to generate support for the smaller
municipalities to support local government and not allow the federal government to come into m
community and overturn the process ofthe local government.
Mr. W1unce believes that the tower may well be built but that pursuing an appeal would be worthwhile to
press the point that Congress and the Court system need to recognize local zoning. Mr. Adams raised a
concern whether this would set o precedent that would e||nvv other organizations to come into the City
and override our zoning codes. Mr. yWunce stated that this is about competition and that everyone must
accommodate every carrier.
Mr, Petriah asked whether this particular service would only serve T -Mobile customers. Mr. K8unoe
believes that they did state they would ahona their tower with other providers but if they decide not to
share, they donot have to. Mr. Munce added that we did put in our conditions that they have to share but
is not sure now whether T -Mobile would have to comply with those conditions after the court order.
The Council agreed tofurther consider this issue onJune 2. Mr. Turner then moved toadopt the interim
ordinance regarding vvina|ean communication facilities as presented and schedule a hearing on the
emergency ordinance. The motion was seconded byMr. Geer and passed unanimously.
Mayor K8axvveU clarified for the record that we are not against having the best technology for the
community. Rother, we have worked extremely hard to craft policy for public facilities that would allow
for siting of cell towers and monopoles. We offered T -Mobile the opportunity to use our water tower
facility free ofcharge |fthey would change direction.
Essential Public Facilities Ordinance: PubYioBmannq
Mayor Maxwell then introduced the second item nnthe agenda and asked Mr. K8unnatn provide the
background for the consideration of an Ordinance to Adopt Development Regulations Providing for
Identification, Designation, Siting. and Regulation ofEssential Public Facilities, Adopting New Chapter
17.75AMC, Adopting aWork Plan and Declaring anEmergency.
Mr. W1unca reported that BurUngbzn. Mount Vernon and SedroVVuuUuy recently adopted some language
regarding eaaenUal public facility language because of concerns that secure community transition
facilities may possibly be located in their cities without adequate review. The secure community transition
facilities house high risk offenders or ex -offenders. Because these communities have established
ordinances to regulate these types of public facilities, Anacortes should take steps to establish regulations
for this community. The Ordinance presented to the City Council is almost verbatim to 8edroVVooUey'a
2175
MAY 15, 2008 - CONTINUED MEETING
Ordinance. Mr. Munce stated that if the Ordinance is adopted tonight, a hearing will be scheduled in July
and then we would start a work program over the next 12 months to develop something that will work.
Mr. McKeown requested the definition of a secure community transition facility. Chief Bonnie Bowers
stated that her research found that these facilities are operated by the Washington State Department of
Social and Health Services and is transitional housing for level 3 sex offenders. The facilities are
monitored and the residents are not allowed to leave on their own. Some of the residents do work but
they have monitors attached to their ankles when they leave the facility. Chief Bowers stated that the
facility is more like a halfway house.
Mr. Adams stated that we should get a process started until we can figure out what we want to do in
allowing these types of facilities into Anacortes. Mr. Adams moved for a motion to adopt the Ordinance.
Mr. McKeown seconded and was followed with a unanimous vote.
The continued meeting of May 15, 2008 ended at approximately 8:30 a.m.
"A 6 d"o, -�. eae -nlv��
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, M9yor
Counctilmember
May 19, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, May 19, 2008 to order.
Roll call found present Kevin McKeown, 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. Richardson moved, seconded by Mr. McKeown to approve the minutes of April 7, 2008 and April 21,
2008 as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown.
Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
Mavor/Council Communications
T -Mobile
By way of background, Mr. Ian Munce, Planning Director, explained that the City Council initiated the
appeal process relative to the Court Order requiring the City to issue a building permit for the T -Mobile
cell tower at the Methodist Church site on 22nd Street; the City will file a motion to stay the Court's order.
However, the Federal Court recently set aside the Sprint decision (the Sprint decision was a significant
factor in T -Mobile's appeal) and determined to hear the case themselves. This action could provide an
opening for further consideration of the City's position. The briefing will be on the City's website by the
end of this week
Mr. Petrish referenced a recent newspaper article regarding Washington State ferry ridership; during the
reporting period 2000-2007, over 2 million riders annually passed through the Anacortes Ferry terminal to
travel to the San Juan Islands. These visitors represent a tremendous source of revenue from tourist
dollars; Mr. Petrish suggested that a hotel/convention center located on the water would attract those
tourist dollars to Anacortes.
In that same vein, Mr. Turner reported on the recent City of Anacortes Waterfront Festival; the event was
a total success drawing tourists from all over the area as well as attracting international visitors. Mr.
Geer complimented the Chamber of Commerce on this popular annual activity showcasing our waterfront
community.
Latecomers Aqreement: Citv of Anacortes and Ted Anstensen
Mr. Fred Buckenmeyer, Public Works Director, presented to the Council Latecomers Agreement No.
2008-0001 by and between the City of Anacortes and Ted Anstensen. Mr. Anstensen has installed 2,500
feet of 12" water main extension along Marine Drive, and the improvement has been adopted by the City.
Mr. Anstensen, via a Latecomers Agreement, would like to recoup a proportionate share of the costs of
this improvement. A Public Hearing on this request was held on May 5th; two issues were highlighted
during the proceedings and associated corrections to the Agreement have been made. (1) added
contract language: "....connecting to the City's retail water system"; (2) deleted references to waivers.
Ow
With that,�c Turner moved, seconded by M�. Pickett, to approve Latecomers Agreement No. 28�-
0001. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, andPethsh Motion carried.
Consent Amanda
Mr. Geer moved, seconded by McPetrish to approve the following Consent Agenda items. Vote: Ayes Adams, Turner, Richardson, Geer, McKeown, Petrish, and Pickett. Motion carried.
—
Approva|ofVouchers/Cancellation ufWarrants
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 8, 2008 and May 15, 2008 are approved for payment as of this date May 19, 2008.
Claims Warrants
May 2008: Warrant Numbers 46O5Gthrough 4S252inthe total amount of8848.131.05
EFT
May 2008: Warrant Numbers 4GO57through 4GO58inthe total amount of$222.4O
In the same motion Council approved the following Special Event Applications:
Our Town Our Park Wood Delivery Children's Parade onMay 28 2OO8at4:UOpnn,"N"Avenue east tu
Storvik Park.; staff recommends approval subject to applicant's submitted plan;
»mofJu|yParada.dovvntmvvnAnocortasfronn8:OOam.to2:OOp.nn.nndCouslandPorkfnomD:O0a.nn.to
5:00 p.m.; applicant agrees to parking restrictions; staff recommends approval subject to the applicant's
submitted plan;
AnaoortesFarmers Market, May 24.2UOO.adjacent tothe ^R"Avenue Depot; applicant agrees to parking
restrictions, staff recommends approval subject to the applicant's submitted plan; and
onMay 21.2OOOfrom 12:3Op.nn.to2LOUp.nn.on^L"Avenue; agrees to
parking restrictions; staff recommends approval subject to the applicant's submitted plan.
Public Hearinci: Appeal of Subdivision Administrator's Tentative Approval: Marine Pointe Short,
Plat
Mayor Maxwell opened the Public Hearing to bake comments on an Appeal of the Subdivision
Administrators tentative approval of the K8ohne Pointe Short Plat. Mr. Ian KAunoe. Planning Diraotor,
used an overhead to pinpoint the project site atAnaoo Beach Road and Marine Drive. The applicant
proposes to subdivide the property into 3 separate lots; each lot meets the square footage requirement
for the zone (7.500\. There are no wetlands on this property and no SEPA review is required. Short plat
proposals offevver'than glots are processed administratively; any appeal ofthe Short Plat Administrator's
tentative approval is heard by the City Council. Mr. Turner disclosed that he owns property near this
development; there were no objections to his participation in this matter.
K8c Fred 8uckenmayer, Public Works Chrector, addressed three issues from staff's perspective. (1)
Gtormwater quality: The Engineering Department noted concern regarding the adequacy of the
otomnmmher quality component of the design. Bin'svva|e plans were approved conditionally; in the event
this bio-avvn(e cannot baconstructed to engineering standards other measures will need to be taken. (2)
The applicant asked, and was granted permission by the Building Dapartonent, to cut down trees to
alleviate sight distance problems; permission was given with the condition that the trees be replaced as
per the City's Tree Ordinance. (3) Interior access standards: Mr. Buokennneyerc|ahfied legal versus
practical access provisions. In this case, anaccess easement, developed tomeet fire department access
otondands, will be provided.
The appellant, yWc Ben Short 4404 Marine Heights \&ay, thanked the Mayor and Council for the
opportunity hoexpress his concerns. With regard tothis project, hesuggested that noconcern was given
to the natural terrain which hes now been modified to obtain the maximum number of lots. Mr. Short
reviewed his 9 -point appeal and the applicant's response; he paid particular attention to drainage control;
fire department equipment access; small footprint onlots; and the proposed smaller homes would detract
from value ofsurrounding homes. Mr. Short suggested that the project belimited tonomore than 2lots.
K8c Bill Dbn)ok' 4505 Glasgow Way, project architect and one of the property dovelopens, addressed the
appeal issues. The applicant aQnaad to the removal of the trees subject to Building Department
recommendation relative to public safety issues. The storrnvvater plans are under further development
and will adhere to City requirements. Fina access layout has the support of the Fina Department. A
retaining vvaU will be added at the outside property line adjoining the NGPE. Mr. {)brockthen presented
an overhead showing the proposed development of the site. The homes will be 3 stories with anergy
efficient designs.
Mrs. Richardson reviewed the qualifications of the project versus the Subdivision Code requirements.
While there will be challenges to the use of the access dhvevvay. the project complies with the current
Code. Mrs. Pickett confirmed the setback calculation for Lot G. yWc Adams confirmed that the lots meet
the lot coverage requirements; the easement is factored into the overall lot coverage calculation. Mr.
2177
MAY19, 2008 -CONTINUED
McKeown asked why this easement would not be considered a public street. Mr. Turner expressed
concern over drainage in the area and mentioned use of a bay saver device. The drop off from the edge
of pavement at Lots 5 and 6 is 10 to 15 feet; the required fill could impact the Native Growth Protection
Easement. After discussion, Mrs. Richardson moved, seconded by Mr. Geer, to deny the appeal, and to
approve the Marine Pointe Short Plat subject to the 12 conditions recommended by staff together with the
addition of 5(a): Prior to any building permit being issued for the site, the stormwater design shall come
back to the City Council for review and approval. Mrs. Pickett underscored the need to protect the
NGPE. Vote: Ayes — Turner, Richardson, Geer, McKeown, Petrish, Pickett, and Adams. Motion carried.
Island Hospital Off-site Emergencv Department Signage
Mr. Vince Oliver, CEO of Island Hospital, presented a request for Council consideration of additional
signs to ensure visibility and direction to the Hospital. Mr. Oliver explained that by 2015 the Hospital will
experience 1,500 patient visits per month. In that regard, a real concern is the lack of proper emergency
room and hospital directional signage. Mr. Ian Munce, Planning Director, explained that off -premises
signs are not permitted in the City unless the Council approves them as a governmental sign program.
Mr. Marc Estvold, 3302 Oakes Avenue, explained that all access to the emergency room and Hospital is
from Commercial Avenue west on 26th Street. The proposed new signs and locations are: Sign Type A —
main internally lighted signs at 26th and Commercial; Sign Type B - primary directional illuminated 4 -
sided signs located at the southwest corner of 24th and Commercial; and Sign Type C - approach signs
on arterials at 32nd and 26th Streets. The signs will connect with the driver and reinforce the image so
they will head in the proper direction. Mr. Petrish asked why traffic would not be directed from 12th street
to "'M" Avenue, and why isn't there an emergency access off of "M". It was explained that the Hospital
emergency access is off of Commercial Avenue and "M" Avenue is not a direct route; also, a Hospital
entrance off of `M" Avenue would cut through the Hospital campus. Mr. Geer asked about WSDOT
approval and spoke in favor of the proposal. After discussion, Mr. Geer moved, seconded by Mr.
McKeown, to approve the Island Hospital Off Site Emergency Department Signage as outlined in a May
14, 2008 Memorandum from Don Measamer, Assistant Planning Director. Vote: Ayes — Richardson,
Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
Bid Award: 2008 CBD Sidewalk Replacement Proiect
Mr. Fred Buckenmeyer, Public Works Director, presented a request to Council for a�proval of the 2008
Commercial Business District Sidewalk Replacement project; the project area is 3� and 4th Streets on
Commercial. The scope of work includes curb, gutter, sidewalk and stamped brick, new trees, tree wells,
tree feeding system, street lights, and storm drainage work. Low bid was received from Schwetz
Construction. With that, Mr. Adams moved, seconded by Mr. McKeown, to accept the low bid from
Schwetz Construction in the amount of $155,220.18. Vote: Ayes — Geer, McKeown, Petrish, Pickett,
Adams, Turner, and Richardson. Motion carried.
Contract Award: Waste Containers for Citv of Anacortes — Capital Industries. Inc.
Mr. Fred Buckenmeyer, Public Works Director, explained that City Operations cycles out waste containers
that are beyond repair from use and weather. Staff recommends a contract award to Capital Industries,
Inc. (only bidder) in the amount of $35,501.30 for the replacement of 38 of these waste containers. Mr.
Geer so moved, seconded by Mr. McKeown. Vote: Ayes — McKeown, Petrish, Pickett, Adams, Turner,
Richardson, and Geer. Motion carried.
At approximately 9:00 p.m. Mayor Maxwell continued the regularly scheduled May 19, 2008 City Council
meeting to Tuesday, May 27, 2008 for the purpose of a Public Hearing on the 2008 Development
Regulations. Mr. Ian Munce, Planning Director, explained that the Council will have a complete package
of the entire record. The intent of the Public Hearing will be to hear from people who wish to comment on
the proposals that have already been submitted; there is no opportunity this year for new proposals;
comments will be limited to 3 minutes; nothing in the record needs to be repeated. After the hearing, a
recommended procedure for processing the amendments will be forthcoming.
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Mayor
96,jl�
Coun ilmember
May 27, 2008
Continued Meetinq of Mav 19. 2008
Mayor Maxwell called the continued meeting of May 19, 2008 to order at 7:30 p.m. Roll call found
present: Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Brian Geer, Kevin McKeown and Cynthia
Richardson.
Museum Advisory Board Reappointments
Mayor Maxwell opened the continued meeting with the Museum Advisory Board reappointments.
Tom Kuhn's and Kay Reinhardt's terms have expired and both expressed interest in continuing on the
Board. Lewis Jones and Steve Oakley recommend they be reappointed to another four-year term ending
in April 2012. Mayor Maxwell added a special thank you to all the volunteers that work on the many City
boards. Motion was made by Mr. Bill Turner to approve the reappointments. The motion was seconded
by Mr. Brian Geer and passed unanimously.
Mayor Maxwell related that the City recently received a $500 check from a citizen concerned about the T -
Mobile monopole who asked that the money be used to help defend the City position on cell towers.
Mayor Maxwell provided that he recently had a conversation with Representative Rick Larson and
informed him that the City is not very pleased to have our local regulations usurped and that we would
appreciate some congressional assistance to support our rules and regulations. The City has a provision
for cell towers in our community which provided T -Mobile with the opportunity to place their tower on
public sites. T -Mobile refused the other sites and filed suit against the City with the 9th Circuit District
Court wherein T -Mobile prevailed. Mayor Maxwell stated that this ultimately puts 284 cities in Washington
in jeopardy because any organization could come into their town and do whatever they believe is right
without regard to local zoning.
Ian Munce added that the District Court did receive our motion to stay and has requested briefing from
both parties. The City's reply to T -Mobile's brief is due June 2. Mr. Munce stated that there is a glimmer
of hope! Mayor Maxwell expressed his appreciation for the funds and citizen support.
2008 Development Requlations Review
Mayor Maxwell introduced the 2008 Development Regulations and stated that the purpose of tonight's
meeting will be to take additional comments on existing submittals. Each person commenting will be
allowed 3 minutes for their presentation. Mayor Maxwell then requested that Mr. Ian Munce, Planning
Director, provide the background on the Development Regulations review and proceed with the public
comment. Mr. Ian Munce stated that every 7 -10 years, Washington cities and counties are required to
update their comprehensive plans and implementing regulations. The City of Anacortes is now in the
process of updating its Development Regulations. This includes the Zoning, Subdivision and related
Critical Area ordinances. Mr. Munce stated that the Critical Area ordinance and Airport Development
Regulation pieces have been completed. The Development Regulations review was started about 18
months ago and the City received 59 comments. The 59 exhibits contain changes ranging from minor
clerical issues to major policy changes and rezone issues. Exhibit 43 contains all the input by Cynthia
Richardson, Terry Christianson and others on the zoning code.
Mr. Munce suggested that the City Planning Committee (Mrs. Picket, Mr. Turner, and Mrs. Richardson)
review these submittals and divide them into three categories; housekeeping changes, changes that are
major but the committee doesn't feel ready to recommend which would either be tabled or put back on
agenda, and major issues that need full attention by the Council. The review may take until the end of the
year because of the huge depth of comments that will need full attention.
Mr. Munce stated that tonight's meeting is not to receive new proposals. Tonight's meeting is intended to
give those who initially submitted proposals the opportunity for further clarification and for others to
comment on the submitted material. The City will take written comments through Friday, May 30, 2008.
Mr. Munce pointed out there are two items that are different. A Citizen Advisory Committee on affordable
housing was established last year and prepared a comprehensive plan for affordable housing. This
should be reviewed as a package. The Old Town development is being addressed separately but will
eventually wind into the Development Regulations review this fall.
Mr. Brad Adams asked for an explanation of the relationship between the Comprehensive Plan and the
Development Regulations and how they work together. Mr. Munce explained that the Comprehensive
Plan guides the development of policy but because there are so many details involved, it is not easy to
translate the regulations into policy. With no further questions, Mayor Maxwell opened the public meeting
for comment.
Mr. Dave Sims, Sebo's, Anacortes, reiterated his request to change the current electronic sign ordinance
to electronic signs that have changing messages. This change would be limited to one minute intervals.
Mr. Nick Cholly 909 7`h Street, owner of Walgreen's, supports a changing electronic sign and suggested
that changing every 15 seconds would not cause problems. Mr. Munce stated that the current standard is
that signs change three times a day.
2179
MAY 27, 2008 — CONTINUED
Mr. Chuck Bush, 2609 Creekside Lane, made an inquiry about the results of an economic study
requested by the City Council a few years ago. Mr. Bush was directed to the study available on-line
(htto://www.citvofanacortes.orq/documents/economicstudvphasell). Mr. Bush stated his concerns
regarding restricting formula businesses in the CBD. He believes this would create problems for
businesses such as Radio Shack and that limiting the size of retail stores would limit the amount of retail
tax collected for the City.
Mr, Al Johnson, 1201 4th Street, spoke regarding submittals #33 and #37. Mr. Johnson thanked the City
and staff for ample opportunity for citizen input. Mr. Johnson suggested the Council review his submittal
regarding the North Maple Grove neighborhood and believes his changes will encourage growth and
provide much needed affordable housing. Mr. Johnson discussed his submittal regarding height limit
increases in downtown Anacortes (#37) and believes the current suggested changes are a "piecemeal"
planning process and would create an unbalance residential dominance in the downtown area.
Ross Barnes, 1004 7th Street, commented on Exhibit 12, the proposed rezone of a portion of St. Mary's
Church that is currently zoned R1. The Church has requested that this portion or their property be
rezoned for an eventual development. Mr. Barnes stated that the Happy Valley Stream runs directly
through this portion of the property. An R1 size development would be reasonable in this area but the
area could not support an R3 density due to the stream.
Gabriel Olmstead, 1019 16th Street, thanked the staff and Ian Munce for their work on this issue. Mr.
Olmsted is concerned about the 50 foot height limit in the R4 in that it would dwarf some of the smaller
buildings. He believes it would be a significant detrimental impact on existing smaller homes.
Mayor Maxwell asked if there were any further comments. Mr. Bill Turner inquired whether the Happy
Valley Stream is listed in the critical areas ordinance. Mr. Munce stated that he believed it was.
The continued meeting was concluded at approximately 8:15 p.m
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Mayor
Council ember
June 2, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, June 2, 2008 to order.
Roll call found present Kevin McKeown, 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. Geer moved, seconded by Mr. Adams, to approve the minutes of May 5, 2008 as if read. Vote: Ayes
— Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Citizen Hearinqs
No citizens present wished to testify on matters not on the agenda.
Mavor/Council Communication
Mayor Maxwell announced that the Park and Recreation Department update has been rescheduled for
June 16, 2008.
The Mayor reported on a successful week in the City culminating in the opening ceremony for the Storvik
Park playground project, Our Town Our Park. The Mayor and Parks Director Gary Robinson thanked the
Our Town Our Park Committee members, the hundreds of volunteers, and the community at large for
their support in the construction of this great facility. In particular, they thanked the children who not only
helped build the Park but participated fully in the design phase.
There will be a Port/City Liaison Committee meeting at City Hall tomorrow morning at 8:30 a.m. Mrs.
Richardson will not be able to attend.
Mr. Ian Munce, Planning Director, reported on recent activity relative to the T -Mobile cell tower issue.
Now that the full 9th Circuit Court of Appeals will re -hear the San Diego/Sprint case, a number of parties
have filed amicus briefs including the cities of Portland, Oregon and Tacoma, Washington. Both cities
have asked the City of Anacortes to participate; they will reference our case, using it as an example of
how local jurisdiction can be usurped if the 9th Circuit Court doesn't change some of their precedents.
Additionally, Representative Morris has asked the State Attorney's General's office to take a position on
this matter that is supportive of the City's position. Over the next few weeks we will hear whether or not
District Court will stay the decision on our cell tower case (Methodist Church site.) Mr. Turner thanked
Mr. Munce for his counsel and the Council for taking this courageous step to protect the community.
•
JUNE 2, 2008 - CONTINUED
Consent Aqenda
Mr. McKeown moved, seconded by Mr. Geer to approve the following Consent Agenda items. Vote:
Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. Motion carried.
Ammroval 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 22, 2008 and May 29, 2008 are approved for payment as of this date June 2, 2008.
Claims Warrants
May 2008: Warrant Numbers 46255 through 46441 in the total amount of $602,863.30
EFT
May 2008: Warrant Number 46254 in the total amount of $98.00
Prewritten Claims
May, 2008: Warrant Number 46253 in the total amount of $1,267.14
Pavroll Mav 20. 2008 in the total amount of $497.970.00
Warrant Numbers 32286 through 32334 in the total amount of $48,516.19
Direct Deposit Nos. 26483 through 26653 in the total amount of $280,970.26
EFT Numbers 854 through 858 in the total amount of $168,483.66
Cancellation of Warrants
Warrant Number 46118 in the total amount of $34.37
In the same motion Council approved the following Special Event Applications:
Special Event # 1: Wedding ceremony atop Mt. Erie on June 17, 2008 from 6:30 to 8:00 p.m.; Special
Event # 2: BumberpalloozaFest by Youth Dynamics; year end party at Washington Park on June 18,
2008 from 111:00 a.m. to 10:00 p.m.
Final Plat: Rock Ridae South Phase III
Mrs. Richardson stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director,
explained that the Rock Ridge South Phase III Final Plat application calls for the Council, in its
administrative capacity, to accept streets and utilities, and to agree to maintain them in perpetuity. In the
case of Rock Ridge South Phase III, all tasks have been completed and a maintenance bond has been
called for. The Planning Commission reviewed the application and recommended approval subject to a
Maintenance Bond and 3 conditions. After discussion, Mr. Turner moved, seconded by Mr. Geer, to
accept the Final Plat for Rock Ridge South Phase III subject to: receiving a 2 -year Maintenance Bond in
the amount of $38,847.00; receiving approved Drawing of Records in mylar form; and final City
Engineering review and approval of the plat drawing assuring conformance to the project requirements.
Vote: Ayes — Adams, Turner, Geer, McKeown, Petrish, and Pickett. Motion carried. Mrs. Richardson
returned to the Council Chambers.
Closed Record Meetinq: Cove at Fidalqo Bav/Conditional Use for Condominiums in the CM Zone
— 4501 Fidalqo Bav Road
Mayor Maxwell initiated the Closed Record Meeting for the Cove at Fidalgo Bay Conditional Use
application to construct condominiums in the CM Zone at 4501 Fidalgo Bay Road. Mr. Ian Munce,
Planning Director, used an overhead display to indicate key features of this project. Phase I of the project
is complete; Phase II was also approved but the permits expired. The Cove at Fidalgo Bay LLC reapplied
for Phase II Shoreline and Conditional Use permits to construct 18 condominium units in the CM Zone.
The complete record from the Planning Commission hearing was forwarded to Council prior to this
meeting. The Planning Commission approved the Shoreline Permit and recommended approval of the
Conditional Use application subject to conditions; no appeals were filed.
Mr. Munce discussed Phase I issues that will need attention prior to commencement of Phase II. In that
regard, the Phase I Homeowners Association submitted several exhibits outlining development
expectations; over the last several months, the applicant has addressed many of these outstanding tasks.
Building and Engineering Departments will continue to monitor the issues raised should the project be
approved. The Samish Tribe, neighbor to the south, expressed concern regarding work done
inappropriately along the shoreline resulting in erosion damage and negative impact to Native American
midden sites. Relative to that, Phase II approval would require a long-term permanent shoreline
stabilization plan with on-going maintenance work. An Agreement to that effect between the Samish
Tribes and the applicant was reached. Staff expressed concern that there should be specific time frames
for accomplishing these stabilization tasks.
The question of the sewer lift station also concerns the Samish Tribe, the City, and the project proponent.
When the Fidalgo Bay Resort was constructed a private pump station was installed; Phase I is connected
to that pump station. The City's Public Works Director has campaigned to upgrade this system to City
standards with the City assuming management of the facility. This accord never took place. As a result,
the Samish Tribe will maintain its own pump station; Cove at Fidalgo Bay will construct a new pump
station conditioned so that it will be properly maintained. Also, the City shall be held harmless should the
2181
JUNE 2, 2008 - CONTINUED
system fail. Mr. Munce then reviewed the history of securing the Tommy Thompson Trail; Parks Director,
Mr. Gary Robinson, has been working with the Homeowners Association to reach an agreement
regarding shoreline access. In summary, the Planning Commission issued a Shoreline Permit with
multiple conditions; two additional conditions have been recommended relative to Conditional Use permit
approval.
Council questions and comments followed regarding road construction, parking, shoreline stabilization,
residential use in the CM zone, clarification of guest parking spaces for condo owners; location of public
access, enforcement should the pump station fail, the City's pioneering role in bringing sewer to this area,
and scrutiny of the maintenance and operation schedule by City personnel. The Mayor emphasized that
the City is looking to minimize its sewer stations, and the Samish Tribe and Cove at Fidalgo Bay pump
station facilities will never be taken over by the City
With that, Mrs. Richardson moved, seconded by Mrs. Pickett, to approve the Cove at Fidalgo Bay Phase
II Conditional Use Permit for the construction of 18 condominium units on Fidalgo Bay Road subject to
the conditions recommended by the Planning Commission with the following amendments and additions:
Condition # 13: add "prior to any construction"; add Condition # 17: "The Cove at Fidalgo LLC shall
commence construction on the Fidalgo Bay beach nourishment and shoreline stabilization project at the
same time as upland site clearing and grading. The shoreline project shall be complete prior to the start
of framing for the condominium buildings consistent with the Memorandum of Understanding between the
Cove at Fidalgo LLC and the Samish Indian Nation.", and Add Condition # 18: "The Cove at Fidalgo Bay
LLC is required to enter into an Agreement with the City of Anacortes regarding the operation,
maintenance and ownership of the sanitary sewer pump station. This agreement will allow the City to
maintain compliance with our current Department of Ecology, NPDES sanitary discharge permit. The
Agreement must indemnify the City of Anacortes with a hold harmless agreement from any and all liability
associated with the operation, maintenance, and potential failure of the pump station facility and force
main pipe line both from a regulatory and civil damages perspective." Vote: Ayes — Turner, Richardson,
Geer, McKeown, Petrish, Pickett, and Adams. Motion carried.
There being no further business, at approximately 8:15 p.m. the Mayor adjourned the regularly scheduled
meeting o une 2, 008.
-14. WW
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Mayor
Council ember
June 16, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Monday, June 16, 2008 to order.
Roll call found present Kevin McKeown, 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. Geer moved, seconded by Mr. Adams to approve the minutes of May 19, 2008 as if read. Vote:
Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Citizen Hearings
Mr. Mel Critchley, 4903 Kingsway, presented photographs to the Council highlighting the condition of
Pennsylvania Avenue and the need for immediate improvements. The Mayor thanked Mr. Critchley for
his comments; work is scheduled for 2009 once additional right-of-way is secured.
Mayor/Council Communication
The Mayor announced that there will be a Ferry meeting this Thursday evening, 6:30 p.m. at the Senior
Center. At that time Mr. Dave Moseley, Assistant Secretary for Washington State Ferries, will be
available for questions and comments; the Mayor encouraged the business community and citizens to
use this opportunity to show our strong support for the current ferry system operation.
Skvline Dredainq Phase II ballots. The Mayor reported that, of the 665 ballots mailed, 477 were returned
with 86.4% voting in the affirmative to move forward with the Phase II Skyline Marina dredging project.
This matter will be brought back for Council action on July 7th
Mr. Ian Munce, Planning Director, reported that the Swinomish Tribe recently filed an appeal of the 2006
Skagit Instream Flow Rule Amendment. A number of interested parties, including the City, may well
intervene to protect their interests. The challenge will be heard in Thurston County Superior Court; our
position is ready to be presented as the Rule challenge goes forward. Mr. Munce pointed out that when
parties to an Agreement act unilaterally, in this case Skagit County and the Department of Ecology, all
parties become vulnerable to loss of those benefits painstakingly crafted through consensus.
JUNE 16, 2008 -CONTINUED
Park and Recreation Update: Nicole Johnston
Ms. Nicole Johnston, Recreation Coordinator, presented a Parks and Recreation Department update:
Two weeks ago the City sponsored the 16th annual Fishing Derby at Heart Lake. The Department of Fish
and Wildlife stocked the Lake with 2,000 trout so fishing was excellent for the participants in spite of the
rain. A week ago the City sponsored the 4th annual Bark in the Park fundraiser; Councilman Geer
emceed and the event was a total success. Upcoming July events include the Kids R Best Fest and the
3rd annual Art Dash. The Mayor and Council thanked Ms. Johnston for the presentation.
Consent Agenda
Mr. Adams moved, seconded by Mr. McKeown to approve the following Consent Agenda items. Vote:
Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. Motion carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on June 5, 2008 and June 12, 2008 are approved for payment as of this date June 19, 2008.
Claims Warrants
June 2008: Warrant Numbers 46445 through 46665 in the total amount of $715,734.66
EFT
June 2008: Warrant Numbers 46443 through 46444 in the total amount of $325.40
Prewritten Claims
June 2008: Warrant Number 46442 in the total amount of $250.00
Pavroll for June 5. 2008 in the total amount of $729,260.75
Warrant Numbers 32338 through 32402 in the total amount of $255,558.46
Direct Deposit Numbers 26654 through 26848 in the total amount of $295,644.32
EFT Numbers 859 through 863 in the total amount of $178,057.97
Cancellation of Warrant:
Warrant Number 46390 in the total amount of $520.00
In the same motion Council approved the following items:
Street Fair Application: Poker Ride/Fundraiser for Washington's Disabled Children on June 28, 2008
from 2:00 p.m. to 11:00 p.m. — street closure of alley between 7th and 8th streets and "O" and Commercial
Avenues.
Adopted Resolution No. 1761 setting July 7, 2008 as the hearing date regarding a Petition to Vacate a
portion of 30th Street;
Adopted Resolution No. 1760 entitled "Authorizing a Contract Amendment with the Skagit County
Community Action Agency"; and
Adopted Ordinance No. 2785 entitled "An Ordinance Amending Chapter 13.32 of the Anacortes
Municipal Code to Increase Rates Charged for Furnishing and Sale of Water by the City of Anacortes"
(relative to monthly fees for fire line accounts).
Council Input on 2009 Budqet
Mayor Maxwell asked the Council for any items to be added for consideration as part of the 2009 Budget.
Suggestions for Capital Facilities Plan entries will also be accepted. Mr. Petrish inquired as to when the
Depot roof would be repaired; the Mayor reported that monies are available this year for improvements to
the roof. Mr. Geer reported that the Chamber contributes $21,000 annually for beautification projects in
and around the City; in that regard, Mr. Geer asked to hold a discussion on how the City can further
support this effort; i.e., dedicating certain public works hours. The Mayor responded that the City
provides a partnership with the Chamber in a number of ways including funding.
Approval: 2008 Overlav Proiect
Mr. Fred Buckenmeyer, Public Works Director, used an overhead to show the following areas slated for
road overlay improvements in 2008: Southbound lanes of "R" Avenue from 22nd street to 33rd street; 22nd
Street from "J" to "M" Avenues; and a portion of "K" Avenue. Two bids were received, both under the
Engineer's estimate. Bids were opened on June 11, 2008 with Lakeside Industries as the low bidder in
the amount of $339,942.92. Discussion followed regarding the life expectancy of the roadway and project
costs. With that, Mr. McKeown moved, seconded by Mr. Turner to award the 2008 Street Overlay Project
to Lakeside Industries in the amount of $339,942.92 including sales tax. Vote: - Ayes — Adams, Turner,
Richardson, Geer, McKeown, Petrish, and Pickett. Motion carried.
Erosion Control Violation — Bob Morand — 4801 Anaco Beach Road — Appeal of Penalties
Mayor Maxwell introduced an appeal filed by Mr. Bob Morand, regarding penalties associated with an
erosion control violation at 4801 Anaco Beach Road. Mr. Ian Munce, Planning Director, began with two
procedural issues: (1) prior to this evening's meeting, City staff scanned and posted documents relative to
the Morand appeal issue on the City's website for the benefit of public and Council review. In addition,
the Mayor and Council received a June 5, 2008 Memorandum and summary sheet. Mr. Munce asked for
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JUNE 16, 2008 - CONTINUED
Council comments on this process. (2) Mr. Robert Sonnenberg, neighbor to Mr. Morand, has asked to
speak during the appeal proceedings; Mr. Munce clarified that the appeal process does not provide for a
public hearing or for 3`d party comments.
Mr. Munce then stated that the Mayor, Council, and City staff have provided more than ample opportunity
for Mr. Morand to move forward with erosion control and site stabilization called for at the Anaco Beach
Road site. That work has not been done, nor is there a time frame for the work to be completed. These
and other tasks are conditions imposed by the Council relative to Mr. Morand's short plat approval.
Beginning March 22nd Mr. Munce imposed a $300/day penalty; that money will be due and payable on a
monthly basis until the site is stabilized. Washington State Department of Fish and Wildlife has a similar
enforcement action under way.
Mr. Bob Morand, 4801 Anaco Beach Road, thanked the Mayor and Council for the opportunity to submit
an appeal. Mr. Morand said he still intends to stabilize the property, but the process has been difficult.
As part of the Short Plat approval, a 3 -year year monitoring plan was imposed and the proposed road
was removed as part of the plat design. With those changes Mr. Morand is unable to secure funding;
also, temporary erosion control will cost in excess of $250,000. He also suggested that temporary
measures will not work; a wall will have to be constructed. He asked to have the 3 -year monitoring time
frame reduced to 1 -year. He also has a new engineer and new design plans. Mr. Morand asked for relief
from the fines imposed.
Mr. Adams was not comfortable with allowing testimony from Mr. Sonnenberg at this time. Mrs.
Richardson offered that Council is only considering forgiving or continuing fines rather than reviewing
specifics of the short plat conditions. Mr. Petrish suggested that Council revisit Mr. Morand's original
short plat proposal; Mrs. Richardson pointed out that Mr. Morand could resubmit a new application and go
through the review and approval process all over again, but that the only matter before them at this time
is the issue of fines. Mrs. Pickett brought up the issue of the integrity of Anaco Beach Road and asked
what steps the City may need to take to protect the road and utilities. Mr. Adams suggested that the
conditions imposed make it difficult for Mr. Morand to secure financing and asked if imposing fines just
adds to the problem. Mr. McKeown emphasized that the area is dangerously unstable and asked if the
fines get everyone closer to a resolution. Mr. Munce explained that Mr. Morand asked to build additional
homes at this site; the slope stability is a major issue to this development and the monitoring program is
critical to future structures at this location. Mr. Turner, in summarizing the unsuccessful work already
done at this location, said that the failed drainage system and resulting erosion is an issue between Mr.
Morand and his engineering firm. We cannot allow this situation to continue and the City needs a
guarantee that this situation will be fixed. Mr. McKeown asked if the fines could be placed in an escrow
account to be used for road and utility stabilization.
Mrs. Pickett pointed out that there are some basic erosion control measures that aren't that expensive
and could be installed now; she did not understand why those measures had not been taken. On a
question from Mr. Adams, Mr. Fred Buckenmeyer, Public Works Director, reported that nothing has been
done on the site although staff and Mr. Morand have met to discuss his new plans. Mr. Geer suggested
that the fines be suspended if Mr. Morand implements an erosion control plan immediately. Mr. Turner
said that the short plat conditions imposed by Council were carefully considered to address the unstable
site. Mr. Munce explained that requirements for erosion control and stabilization measures have been in
place for approximately 3 years ago relative to the emergency declared by Skagit County. Mr. Adams
moved to suspend the penalties for 30 days to review Mr. Morand's action proposal. Mr. Petrish
seconded the motion. Mr. McKeown suggested that attention to the road must be made immediately.
Councilmembers restated their concerns and comments. Mr. Geer moved to add an amendment to
require substantial progress in the erosion control action during the 30 day suspension period. Mr.
Petrish agreed to the amendment. Vote on the amended motion: Ayes- Turner, Richardson, Geer,
Petrish, Pickett, and Adams. No — McKeown. Motion carried.
There being no further business, at approximately 8:55 p.m. the Mayor adjourned the regularly scheduled
meeting of June 16, 2008.
�a/41� --Ft_
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell,/ ayor
�_ / L�_ , L
Councilmember
July 7, 2008
At 7:�O p.m., Mayor Maxwell called the regularly scheduled cf July 7' 2008 to ordar. Roll callfoun— present � ` Kevin K8cNeovvn` NickPethgh, Erica � Pickett Brad Adams, Bill Turner, Cynthia Richardson,
and Brian Geer. Roll call was followed bythe Pledge ofAllegiance.
Minutes ofPrevious &8smtinq
K0r. Pethah moved, seconded by YWr� K8oP��o�n to approve the minutes of April 1. 2008. KAoy 27. 2088.
� Poti h Pickett, Ad T rner, Richardson, Ge�r, and
and June 2, 2OOH an if read. Vote: Ayes rs , Adams, u ' . .
McKeown. Motion carried.
CitizenHaerioom m
Mr, Bill Mitchell, 007 27th St., congratulated Anaco�es on the spectacular ofJuly festivities. K8c
Mitchell also reported on his ongoing efforts to save the Enchantress; he urged that this shipwreckshould
besaved for historical and visual purposes.
K0aVmr/CouncOCmromnunicmdon
The Mayor reported mnthe total success ofthe 4th ofJuly community events; the long and colorful parade
drew the highest attendance in recent memory. Further. Police Chief Bowers reported that calls were
down with regard to fireworks violations. The Mayor thanked both the Women ofToday for organizing
this great celebration, and for all those who contributed to the acclaimed community fireworks display.
Update: Arts Commission: Ms. Rita James, President ofthe AnauortesArts Commission, presented an
informational update to the Council and audience; Ms. Jonloa then introduced the Arts Commission
members inthe audience. The group's mission istobearesource tmthe City and community inissues
relating to public art; to aoquira, place, and maintain public art on Fida\go and Guarnes Islands; to form
partnerships with parfonninQ, visual, and literary arts; and to promote public participation in the arts. In
the last years, the Commission hos, in part, worked with the Port in selecting artwork for the Cap Gonba
K4orina, worked with the Housing Authority in selecting the mural for the Wilson Hotel; placed o Leo
Osborne sculpture at the Kkmania Pork, partnered with |a|mnd Hospital's art selection committee; and
partnered in the selection of a design for the Chamber of Commerce banners. The Commission has also
worked with the 18 other arts organizations in the community with regard to the Arts for All series; also n
brochure and website are under development. Mr. Gary Robinson, Director ofParks and Raonaation, has
been working with the Commission and has been m tremendous support and resource. The odo in
Anaoorteo are alive and vve||. The Mayor and Council thanked Ms. James and the Arts Commission for
highlighting the wealth of cultural expression in Anacodeo.
ReoycieContest Awards: Grade School Participants
Mayor K8mxm/e\\ introduced n new and special ovvand program in support of the City's recycling efforts. In
that regard, Mr. Fred Buokennneyec, Public Works Dinactor, reported on the results Vfthe first annual
recycling contest; all grade school students were encouraged to participate by submitting artwork and
slogans that would represent the community's stance on recycling. Ma. Shelley Jensen, Administrative
Manager and Mc Matt P(oege\with the Operations [)epadment, assisted in developing this program. Mr.
Buckennnayerthen introduced the recycling contest winners: Jackie Favnre, Most Artistic; Abigail Dagn,
Beat Slogan; Sydney Berris, Most Inspirational,- Emily Dagn, Honorable Mention; and Liberty Dagn,
Honorable Mention. All entries were judged by the Public Works Citizen Advisory Committee; the art
work will be displayed in the Council Chambers, on Channel 10, on the City's website, and on the sides of
the City's sanitation trucks. The Mayor then presented the awards to each recipient followed by
photographs and ostanding ovation.
Update: yWonandProuahy—Aouea\ofFines
Mr. Ian W1unce. Planning Dinaotor, reported that Mr. Bob Morand is moving forward with shoreline
stabilization work at 4801 Anono Beach Road. Over a period of time, fines were levied against Mr.
Morand for not complying with the necessary improvements to protect this and other property from further
erosion; Mr. Morand appealed the fines associated with noncompliance. This matter will be brought back
hothe Council intwo weeks for disposition.
Methodist Church Cell Tower: Proposed Letter
Mr. Ian K8unoe. Planning DineotVr, reported that the Federal District Court has heard the City's motion to
reconsider relative to the l[ -Mobile Cell Tower decision and will decide by mid-July. Outstanding Issues
are whether the judge will hold for the City under the current situation or continue with his original ruling
but perhaps grant ostay.
Mr. yWunce then referred to o draft letter before Council directed to the Methodist Church; the City
understands that the Church has entered or intends to enter n lease with T -Mobile to aUnvv the
construction of a wireless communications facility on the Church property at 2201 ^H^ Avenue.
Previously, the City granted a Conditional Use Permit for the Church facility; the letter request that the
Church provide an explanation on whether or not the T -Mobile facility violates the banne of the Church's
existing conditional use penn\i Mr. Adams eahad if copy of the lease is available. After Council
discussion, it was decided the letter should not be sent until after a decision on the pending Court appeal
has been rendered.
CmnsentAqeoda
yWc Geer moved, seconded by K8c McKeown to approve the following Consent Agenda items. Vote:
Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Pickett. Motion carried.
Approval ofVouchers/Cancellation nfWarrants
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 onJune 18.2O88.June 2G.200Oand July 3.2OO8maofthis date, July 7.2OO8.
Claims Warrants
June 2008: Warrant Numbers 46G71through 4O877inthe total amount of$728.U12.82
EFT
June 2008: Warrant Number 46O7Ointhe total amount of$210.00
pnawhttenC|aims
June 2008: Warrant Numbers 4G8SOthrough 4GGOSinthe total amount of$3.143.81
Payro||for June 1S.2O08inthe total amount of34Q3,855.12
Warrant Numbers 324O4through 32454inthe total amount of$45.41G.38
Direct Deposit Numbers 2S849through 27O2Ointhe total amount of$281'51S.20
EFT Numbers 8G4through DG8inthe total amount of$1GO.019.45
PoYro||for Ju|v3.2OO8inthe total amount of$7OR.4gQ.33
Warrant Numbers 32456 through 32521inthe total amount of$258'551.U8
Direct Deposit Numbers 27O27through 27222inthe total amount of$282.Q83.g0
EFT Numbers 8G4through 873inthe total amount nf$244.Q13.44
Cancellation of Warrants
Warrant Number 465S5inthe total amount of$183.7Q
|nthe same motion Council:
Approved the proposed application timeline and selection committee representatives for the annual
Tourism Promotion Fund awards for 2OO8�
.
Approved the Street Fair Application for the Eagles Annual Barbecue from August 15. 2008 through
August 17, 2008; staff recommended approval subject to the applicant's June 19, 2008 plan; and
Approved the 8tnaat Fair Application for the Anacodea Car Show on July 20, 2008; staff recommended
approval subject tothe applicant's June 1G,2O08plan.
Public Hesrinq: Vacation of Portion of 30th Street
Mayor Maxwell announced that this Public Hearing has been rescheduled for August 18, 2008.
Bid Award: ^"L" Basin Sewer Rehab
K8c Fred Buckennneyer, Public Works Director, presented e hid avvanj request for the "L" District sewer
line rehabilitation project Mr. Bunhennneyerexplained that the City has been working hodecrease inflow
and infiltration into the vvaatevvabar plant during high peak flovve� this year's area of concern is the ^L"
Basin between Commercial and "K8" Avenues and 10m and 13m Streets. Mr. Buckennneyer also
highlighted the "slip -lining" process that will be used to extend the life of the |/na and to minimize
disruption to the neighboring community. On a question from Council, Mr. Buokennneyerexp|ained that
the "slip -lining" process offers a 100 -year life expectancy. One bid was received from |nmitufomn
Technologies, Inc. After discussion, Mr. Geer moved, seconded by Mr. K8cNeovvn, to award the bid for
the "[^ District Sewer Lino Rehabilitation Project to |nsituforrn Technologies, Inc. in the amount of
$335.O51.G8including sales tax. Vote: Ayes - Adams, Turner, Richardson, Geer, McKeown, Pethnh,and
Pickett. Motion carried.
FublicHsarima: CFP 2009-2014
Mayor Maxwell opened the Public Hearing to take comments on the C'� ofAuacortes Capital FacilitiesFacilitiesPhan (CFP) for 2000 through 2014; this annual update of the (CFP) is an important component of the
Growth Management Act and provides for osignificant planning tool. The purpose ofthe Public Hearing
will be to review the new projects to be added to the CFP. WYc Steve Hog|und, Finance Dinactor,
explained that the Qty also has a statutory requirement to adopt CFP relative to the GyWA; certain grant
funds require public works projects to be included in a CFP in order to be considered; this is a 6 -year mid-
range planning tool; monitoring and review of the Plan one conducted on a regular basis. Mr. Fred
Buokenrnayar, Public Works Director highlighted the following projects: (1) 30m Street Boat Ramp
Extension —e13'long x24'vvideconcrete extension ofthe existing boat ramp; `2)3»mStreet Dock Travel
Lift Capacity Upgrade. K8c Ian K8unoe, Planning Dinector, reported that boat operators in the Industrial
Park have requested upgrading the lift tnaccommodate a1OOton range. The owners are also optimistic
that, if the City can obtain grant funding to upgrade the dock' a consortium could be formed to buy and
operate the lift; (3); Clyde Creek Water Quality Enhancement Project; (4) Padilla Heights Sanitary Sewer
Conveyance System — evaluation, design and installation of public sanitary sewer conveyance system
serving the Padilla Heights Rood m �� ^ `'
area. /5) 2 transportation projects: /8) 22»« Street and "R" Avenue
'
intersection improvements, (b) 32 Street and "Cf /venue intersection improvements; Old d Bnooh
Lane to Boy Road Anoeoa Road. The City is anticipating two funding sources` ' s
for Ul�
improvement;improvement;(7) Re-route 36 -inch water transmission line; (8) Cap Sante Sewer Extension; this
improvement will service 9 homes currently served by on-site sewer treatment ated
2186
JULY 7, 2008 - CONTINUED
Line Replacement (located in the utility easement between 5501 and 5411 Doon Way). There were no
comments from the audience and the Mayor declared the Public Hearing closed. After Council
discussion, Mr. McKeown moved, seconded by Mrs. Pickett, to approve the 2209-2014 Capital Facilities
Plan. Vote: Ayes — Turner, Richardson, Geer, McKeown, Petrish, Pickett, and Adams. Motion carried.
An Ordinance reflecting this action will be brought back to Council for adoption on July 21St
Anacortes Citv Facilities: Liqhtinq Retrofit Project,
Mr. Russ Pittis, Facilities Manager, introduced a facilities lighting retrofit project for City Hall, Fidalgo
Center, Fire Station # 1, Maintenance Shop, and the Wastewater Treatment Plant. Three project bids
were received; total cost of the project is $103,275.79 and PSE will fund half the costs. It is estimated
that the City will recover its portion of the project costs in 2.5 years; the first year's savings could reach
$20,000. With that, Mr. Geer moved, seconded by Mr. Adams, to award the Facilities Lighting Project to
Light Doctor of Woodinville in the amount of $103,275.79. Vote: Ayes - Richardson, Geer, McKeown,
Petrish, Pickett, Adams, and Turner. Motion carried.
Public Hearinq: Flounder Bav Dredqinq Phase II — Basin Specific Fee Approval,
Mayor Maxwell opened the Public Hearing on the Flounder Bay Dredging Phase II project. Mr. Fred
Buckenmeyer, Public Works Director, explained that some time ago residents in the Skyline Marina area
approached the City for assistance with a dredging project to keep Flounder Bay navigable. In late 2007
Council passed an Ordinance establishing a special benefit district relative to Phase I; based on the
Phase I preliminary dredging cost opinion, approval to move on to Phase II was sought from the affected
property owners; the majority of responders asked to continue. Mr. Eric Shjarback, Assistant City
Engineer, and Mr. Erik Pipkin, Engineering Tech III, have been instrumental in the success of this project.
The Ordinance now before Council would authorize a maximum of $12.50/month over a 60 -month period
(fee associated with the cost to complete Phase II). This is in addition to the monthly base rate and in
addition to the $4.01 levied by the first basin specific fee Ordinance. Mr. Buckenmeyer pointed out that
the use of a dredging advisory committee has assisted in the overall communication and development of
this project. Phase II will provide additional surveying, sediment sampling, permitting, mitigation planning,
and design engineering and specifications.
Mr. Ted Chepolis expressed appreciation for the City's support of this significant project. There were no
further comments from the audience and the Mayor declared the Public Hearing closed. The Mayor, Mr.
Turner, and Mr. McKeown thanked staff and community members for participating in the planning
process. After discussion, Mr. Turner moved, seconded by Mr. McKeown, to adopt Ordinance # 2787
relating to storm and surface water management; and amending area -specific rates and charges. Vote:
Ayes — Geer, McKeown, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
Phase II MWH Task Order Approval: Padilla Bav Pipeline Relocation
Mr. Fred Buckenmeyer, Public Works Director, introduced the Padilla Bay Pipeline relocation contract.
The above ground 36 -inch waterline at the Swinomish Casino area must be relocated and buried
underground. Three hundred feet of the waterline (Phase 1) has been relocated so as to not interfere with
the parking lot expansion which is now under construction. Total cost for Phase II is $232,364. MWH
Americas, Inc. was asked to develop a scope of work and engineering fees for this project. An initial
phase of the design work includes assistance in selecting the overall best location for the new pipeline. If
the work is approved an amendment to the Budget will be required. After discussion, Mr. Turner moved,
seconded by Mr. Adams, to authorize the Mayor to enter into a contract with MWH Americas, Inc. to
provide engineering services for the Padilla Bay Pipeline Relocation project, in the amount of $232,364.
Vote: Ayes — McKeown, Petrish, Pickett, Adams, Turner, Richardson, and Geer. Motion carried.
Ordinance: Restricting Overniqht Parkinq on Cita Streets
Police Chief Bowers introduced an Ordinance to Council for review. If adopted, the Ordinance would
prohibit the parking of RV's, trailers and other vehicles for use as a temporary or permanent place of
abode on City streets or rights-of-way. The Planning Director is authorized, by permit, to allow these uses
under certain circumstances. The proposed Ordinance is in response to several complaints received
from the community regarding such uses. After discussion, Mr. Geer moved, seconded by Mr. Turner, to
adopt Ordinance No 2786 entitled "An Ordinance Restricting Parking on the City Streets of Anacortes,
Washington." Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion
carried.
Executive Session (30 minutes)
At approximately 9:15 p.m. the Mayor announced that the Council would convene in Executive Session to
discuss litigation (2006 Rule, Water). At approximately 9:45 p.m. the Council reconvened and without
taking any further action, the Mayor adjourned the meeting of July 7, 2008.
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, M or
Councilme�mber
July 21, 2008
At 7:30 p.m. Mayor Maxwell coikad the regularly scheduled meeting of Monday, July 21, 2008 to order.
Roll call found present Kevin McKeown, Nick Pathoh.Erica Pickett, Brad Adams, Bill Turner, and Cynthia
Richardson. Absent: Brian Geer. Roll call was followed bythe Pledge ofAllegiance.
Minutes pf0Ymw16.20Q8 and June 16.2008
K8c Pethah moved, seconded by K8c McKeown to approve the nninuhaa of May 15. 2008 as if read. Vote:
Ayen—Petrioh. Pickett, Adanns, Turner, Riohavdson, and McKeown. Motion carried. Mr. McKeown
moved, seconded by W1c Adonns, to approve the minutes of June 16. 2008 as if read. Vote: Ayes —
Pickett, Adams, Turner, Richardson, McKeown, and Pstrish. Motion carried.
CitizenHemrinam
Nocitizens present wished totestify onmatters not onthe agenda.
01avodCmuooi]Cornmnamicatioo
Mayor K8axvve|| introduced Mr. Brad Furlong, /Ntmrney, to the Council and audience. Over the next six
months, Mr. Furlong will be contracting with the City to perform the duties ofCity Attorney. K8c Ian
Munce, Planning Director and City Attorney, will be retiring at the end of July.
Update Well Cit/ Award: Mayor K8arvvaU introduced Ms. Lynn Barber, HR Generalist. Ms. Barber
reported that the City ofA0000rteo was honored to receive a Well City Award from the Association of
Washington Cities for the 5mconsecutive year. Ms. Barber explained that the City ofAnacodesWellness
Committee comprises an employee from each department programs offered include health screenings
every other year, walking programs, strength training and exercise o|aasao, fitness reimbursement
pnognsnno, bicycle transportation between sitas, and smoking cessation classes. [Wn. Barber thanked the
Committee members for their efforts and commitment toward receiving this award.
Information reqandino disposal of|unkvehicles. Mayor K8axvvaU explained that hulk processors and
towing companies can now narnova inoperable and junk vehicles for free. If the vehicle title is avoi|ab|e,
the owner can call one of six towing companies in the area. If the title /s not available, Marie Padovon
with the Police Department can inspect the vehicle and prepare the necessary affidavit.
Mayor Maxwell reported that he attended o hearing today in front ofJudge Needy, Skagit County Court'
regarding zoning at March Point. The Judge ruled in the City favor regarding limiting retail use in the
Heavy Manufacturing Zone and enforcing the precedent set by the City to provide for manufacturing uses.
Morand Appeal: Status Report/Decision
K4c Ian [Nunoe. Planning Director, explained that this matter comes to the Council as part of an appeal of
the Subdivision Administrator's decision to impose pana|daa for failure to initiate and complete erosion
and other activities at 4801 /\naoo Beach Road. Subsequent to Council's discussion on this matter, Mr.
Morand hos moved forward with significant activities designed tostabilize the site. There's still work ho be
done but Mr. K8unoa anticipates a positive report in August; oithat time the Council will decide on the
penalty issue. Mrs. Richardson expressed appreciation for the thorough report from the consultant
regarding the measures to be implemented; there was no reference hovvever, to the ground water
seepage issue. She will be looking for assurances that progress has been made in that regard.
Proposed Letter tmMethodist Church
Mr. Ian K8unca. Planning Dinactor, reported that the City received m decision on the Motion for
Reconsideration from Federal District Court in Seattle relative to the proposed T -Mobile Wireless
Telecommunications facility at the Methodist Church property; Mr. K8unoethan referenced the controlling
sections under the Federal Telecommunications Act. In the Court's opinion T'K8obi|e selected the least
obtrusive site for its tower; K vvuu|d be up to the Qty to rebut the applicant's findings on this issue. The
next question for Council is to determine whether to move forward with an appeal on the merits.
On the same matter, the proposed letter requesting the Methodist Church explain its rationale for entering
into this arrangement with T -Mobile relative to their existing Conditional Use Permit is under review. On o
question from Mr. Patrioh, Mr. K8unce explained that the land use record shows thatT-K4nbi|e reached o
quick decision as tuwhether or not alternative sites would work; also, there's a signed copy on file of an
option holease between the Church and T-K8obi|a. Mr. Turner suggested holding off onsending the letter
until adecision from the 9th Circuit Court ofAppeals. Mr. Adams suggested sending the letter tobetter
understand the Church's position onencouraging this relationship; Mr. McKeown agreed and said the
letter could initiate a dialogue between the City and the Methodist Church. Mrs. Pickett referenced a |ook
of language in the Interim Ordinance identifying cell towers as a oornnnanzia| use. Mrs. Richardson
suggested waiting to send any written communication until the court issues have been decided. With
that, Mrs. Richardson nooved, seconded by Mr. Turner, to postpone sanding the letter to the Methodist
Church relative to the T -Mobile Lease. Vote: Ayea—TVrner, Richardson, Petrish. and Pickett. No —
Adams, and McKeown. Motion carried.
July 21, 2008 - Continued
Public Hearinq: Interim Ordinance # 2783 — Interim Controls Relating to Wireless Communication
Facilities
Mayor Maxwell opened the Public Hearing to take comments on Ordinance # 2783 relating to interim
controls for wireless communication facilities. Mr. Ian Munce, Planning Director, explained that the
Council put Interim Ordinances in place covering cell towers and group homes for sexual offenders; that
emergency action requires that a Public Hearing be held within 60 days to revisit the Ordinances and to
make any amendments or not. A work program is in place for both issues. There were no comments
from the audience and the Mayor declared the Public Hearing closed.
Mr. Ian Munce, Planning Director, said that this action completes the procedural requirements for the
interim Ordinance.
Public Hearing: Ordinance # 2784 — Interim Regulations with Regard to Essential Public Facilities
Mayor Maxwell opened the Public Hearing to take comments on Ordinance # 2784 relating to interim
regulations with regard to essential public facilities. There were no comments from the audience and the
Mayor declared the Public Hearing closed.
Mr. Ian Munce, Planning Director, said that this action completes the procedural requirements for the
interim Ordinance.
Flounder Bav Dredaina Phase II: Contract with HDR
Mr. Fred Buckenmeyer, Public Works Director, presented a contract award proposal with HDR
Engineering for the Phase II Flounder Bay Dredging project. This Phase will consist of surveying,
sediment sampling, permitting, mitigation planning, design engineering and specs — all in preparation for
biding and the physical dredging of the Marina. The Phase II work must being this summer in order to
meet the 2009 dredging goal. Mr. Buckenmeyer then reviewed the history of the Flounder Bay Dredging
City/Advisory Committee relative to this project. With that, Mr. Turner moved, seconded by Mr.
McKeown, to authorize the Mayor to enter into a Contract with HDR Engineering for Phase II -Flounder
Bay Dredging, in an amount not to exceed $498,851.00. Vote: Ayes — Turner, Richardson, McKeown,
Petrish, Pickett, and Adams.
Review 2008 Development Regulation and Shoreline Master Plan Updates
Mr. Ian Munce, Planning Director, explained that the 2008 development regulations are now ready for
Council review. The public record for the development regulations is closed. This evening's meeting will
be continued to Monday, July 28, 2008 for amendment selection. Additionally, on August 11, 2008 the
City will hold a Public Hearing on the Old Town Zoning Code Overlay; all changes must be considered
together. If Council approves, on August 12th the Old Town proposal will be added to the material to be
forwarded to the State. The updates will return to the Council for adoption in the fall; one outstanding
issue remains regarding rezones. Mr. Munce recommended that the rezone process wait until next year.
Mr. Munce then turned to the Shoreline Master Program update. It is the City's position that critical areas
along the shorelines needed to be managed under the Shoreline Management Act. Standard buffers
across the entire shoreline have been rejected by the City. Upland areas are to be managed by the
Growth Management Act. The Council Subcommittee has reached an agreement with Ecology staff that
Mr. Munce suggests will be workable. There will be a 90 -day review period of these language
amendments. Additionally, the Department of Ecology put resources of their own toward developing a
shoreline assessment. DOE basically agrees that for water dependent uses a large buffer is not
necessary next to the shoreline. Proposed residential uses, particularly where there is existing shoreline
vegetation, will require larger buffers. Hearings on the proposal will be required in the fall to talk about
particular buffers in particular locations. Skyline will be left in its current development pattern; the Port
and others will be able to move forward with their plans. Mr. Turner thanked Mr. Munce for his extensive
efforts to facilitate this process and supported moving forward with these protections.
Anacortes Farmers Market — Revised Street Closure Reauest
Mr. Fred Buckenmeyer, Public Works Director, presented a request from the Anacortes Farmers Market
to close "R" Avenue together with the alley between 6th and 7th Streets on Saturdays through October
11th. Mr. Buckenmeyer explained that the Market used this area in May with very positive input from
members of the community. The applicant has accepted responsibility for the cleanup of the area after
each event. Staff recommends approval subject to the applicant's submitted plan. Ms. Kerri Knapp,
Market Manager, contacted the neighbors and no objections have been filed to date. Mrs. Richardson
suggested posting signs at the entrance of the alley indicating "no outlet -residents only." Mr. Adams said
the proposal is a good idea and moved to approve the Anacortes Farmers Market Street Closure request;
Mr. McKeown seconded the motion. Vote: Ayes — Richardson, McKeown, Petrish, Pickett, Adams, and
Turner. Motion carried.
Consent Aqenda
Prior to vote on the Consent Agenda items, Mr. Fred Buckenmeyer, Public Works Director, discussed the
Anacortes Arts Festival Street Fair Application (consent agenda item 6 Q; the annual proposal now
before Council varies in the following manner: an earlier street closure on 3� Street between "O" and "Q"
Avenues and 7th Street between Commercial and "Q" Avenues at 4:00 p.m. on Thursday, July 31, 2008.
With that, Mr. Turner moved, seconded by Mr. McKeown, to approve the following Consent Agenda
items. Vote: Ayes — McKeown, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
2189
July 21, 2008 - Continued
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on July 10, 2008 and July 17, 2008 as of this date, July 21, 2008.
Claims Warrants
July 2008: Warrant Numbers 46880 through 47103 in the total amount of $419,729.84
EFT
July 2008: Warrant Numbers 46878 through 46879 in the total amount of $278.40
Pavroll for Julv 18, 2008 in the total amount of $524,562.38
Warrant Numbers 32522 through 32576 in the total amount of $49,569.66
Direct Deposit Numbers 27223 through 27398 in the total amount of $290,281.96
EFT Numbers 874 through 880 in the total amount of $184,710.76
Cancellation of Warrants
Warrant Number 46663 in the total amount of $185.00
In the same motion Council:
Adopted Ordinance No. 2789 entitled "an Ordinance Adopting the Capital Facilities Plan (CFP) for the 6 -
Year Period 2009-2014;
Accepted as Complete: the Minnesota Avenue Storm Project with TRICO Contracting, Inc. (06 -004 -STM -
002);
Accepted as Complete: the Kansas and Oakes Avenue Intersection Construction project with G.G.
Excavation, Inc. (06-003-TRN-002);
Accepted as Complete: the 2008 Waterline Replacement project with Interwest Construction, Inc. (08-
001-WTR-001);
Approved the Anacortes Arts Festival Street Fair Application as outlined in a May 28, 2008 memorandum
from Fred Buckenmeyer to the City Council and as presented in the applicant's May 15, 2008 submittal
(Friday, August 1, 2008 through Sunday, August 3, 2008); and
Approved the Sunset Cove Homeowners Association Annual Picnic Street Fair application for the Sunset
Court street closure on September 7, 2008 as outlined in the applicant's June 28, 2008 submittal.
Ordinance: 2"d Quarter Budqet Amendment
Mr. Steve Hoglund, Finance Director, presented an Ordinance for Council review. If adopted, the
Ordinance would amend the 2008 Budget in the following manner: projects that were initially budgeted
for 2007 but will continue to be worked on through 2008 — (1) Minnesota Avenue Storm Drain; (2) SR 20
and Thompson Road Signal; and (2) Odorous Air Ducts. Additionally, there is a new appropriation for
2008 for the repair of the maintenance facility electrical system. With that, Mrs. Richardson moved,
seconded by Mrs. Pickett, to adopt Ordinance No. 2788 entitled: An Ordinance Amending Ordinance
No. 2771 Adopted on November 19th of 2007, entitled 'An Ordinance Adopting the Budget and Salary
Schedule for all Municipal Purposes and Uses for the Year 2008'. Vote: Ayes — Petrish, Pickett, Adams,
Turner, Richardson, and McKeown. Motion carried.
Contract Award: HDR for Water Svstem Plan Update
Mr. Fred Buckenmeyer, Public Works Director, presented a request for approval of a Task Order for HDR
Engineering for the development of the City's 2008 Water System Plan. Mr. Buckenmeyer then
introduced Mr. Matt Reynolds, Assistant City Engineer and Mr. Bob Powell, and Ms. Kelly O'Rourke from
HDR. Mr. Reynolds then explained that the Washington State Department of Health (DOH) requires
water purveyors in the State to update their comprehensive water plans every six years. The City's
current Plan was adopted by the DOH in 2002; the Task Order now before Council is for the development
of the City's 2008 Plan, again to be adopted by DOH. The proposed work includes, in part, reevaluating
and updating the existing Plan, review of other plans, agreements, and policies affecting the City's water
system, demand forecasting, computer model, water conservation efforts, system analysis, and review of
operation and maintenance programs. Mr. Ian Munce, Planning Director, added that this Plan will affect
the City's water rights and associated agreements for the next 50 years. After discussion, Mrs.
Richardson moved, seconded by Mrs. Pickett, to authorize the Mayor to enter into an Agreement with
HDR Engineering for a Task Order Contract in the amount of $278,195.00 for the development of the
City's 2008 Water System Plan. Vote: Ayes — Pickett, Adams, Turner, Richardson, McKeown, and
Petrish. Motion carried.
At approximately 8:45 p.m. Mayor Maxwell continued the regularly scheduled meeting of July 21, 2008 to
Monday, July 8, 2008 in order to take preliminary action on the 2008 Development Regulation Update.
Steven D. Hoglund, City Clerk -Treasurer / H. Dean Maxwell, M yor
�. /� X J
Councilmember
2190
City Council Minutes — July 28, 2008
Continued Meeting of Julv 21, 2008
Mayor Maxwell called the continued meeting of July 21, 2008 to order at 7:30 p.m. Roll call
found present: Kevin McKeown, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Brian
Geer, and Cynthia Richardson.
2008 Development Regulations Update,
Mr. Ian Munce opened the continued meeting with a discussion of the 2008 Zoning Code
Update. After discussion, the Council voted to forward certain amendments to the Zoning Code
to CTED (Washington Department of Community Trade & Economic Development) for the
required 60 day comment period. Mrs. Richardson made the motion, seconded by Mrs. Pickett
and approved unanimously.
The continued meeting ended at approximately 9:00 p.m.
SteveD. Hoglund, City Clerk -Treasurer H. Dean Maxwell, M yor
__7A_ 1_,X - Q
Councilmen er
August 4, 2008
At 7:30 p.m., Mayor Maxwell called the regularly scheduled meeting of August 4, 2008 to order. Roll call
found present Kevin McKeown, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson, and Brian
Geer. Absent: Nick Perish. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinq
Mr. Turner moved, seconded by Mr. Geer to approve the minutes of May 12, 2008 and July 7, 2008 as if
read. Vote: Ayes - Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Citizen Hearinqs
No one in the audience wished to testify on matters not on the agenda.
Mavor/Council Communication
Police Chief Bowers reported to the Mayor and Council that very few police calls were received relative to
the annual Arts Festival. The Chief then spoke to an incident featured last week in the newspaper. Two
officers responded to a 911 call; a gentleman at the scene was armed with a small caliber hand gun. One
of the officers deployed a taser and the gentleman was taken into custody without any further injury. The
officers used discretion in saving this man's life and will receive commendations from the Department for
their quick thinking.
Mayor Maxwell read from a document proclaiming August 17-23, 2008 as "Community Living in Harmony
with Nature Week". In Anacortes over 500 yards: have been certified as wildlife habitats through the
National Wildlife Federation and Washington Department of Fish and Wildlife's habitat programs. The
Mayor then announced that there will be a Community Certification Celebration on Saturday, August 23,
2008 at 11:00 a.m. at the Snagboat Center and Depot Farmers Market; an officia4 Community Wildlife
Habitat Certificate will be presented by the National Wildlife Federation.
Consent Acienda
Mr. Adams moved, seconded by Mr. McKeown, to approve the following Consent Agenda items. Vote:
Ayes — Adams, Turner, Richardson, Geer, McKeown, 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 July 24, 2008 and July 31, 2008 as of this date, August 4, 2008.
Claims Warrants
July 2008: Warrant Numbers 47105 through 47306 in the total amount of $404,785.79
EFT
July 2008: Warrant Number 47104 in the amount of $308.00
Pavroll for Auaust 5. 2008 in the amount of $751,788.44
2191
AUGUST 4, 2008 - CONTINUED
Warrant Numbers 32577 through 32644 in the total amount of $258,563.81
Direct Deposit Numbers 27399 through 27592 in the total amount of $300,078.04
EFT Numbers 881 through 885 in the total amount of $193,146.59
Cancellation of Warrants
Warrant Number 46883 in the total amount of $363.80
In the same motion Council:
Approved the Group Health Bike MS Ride Special Event Request for the use of Storvik Park on Saturday,
September 13, 2008. The Parks Commission and staff reviewed and recommended approval of the July
2, 2008 application by the National Multiple Sclerosis Society.
Update: Library Securitv and Self -Check Svstem
Ms. Cynthia Harrison, Library Director introduced Library Board and staff members in attendance. Ms.
Harrison explained that all materials at the library are checked out manually by library staff; additionally,
there is no security system in place to protect the collection. The CDs and DVDs are kept behind the
Circulation Desk resulting in a lengthy checkout process. In 2007 Council approved the purchase of a
media bank to hold 2,000 of the most highly used of the Library's 6,000 CDs and DVDs. Additional
research shows that an RFID system will provided a better solution than the media bank. Ms. Harrison
then explained the benefits of this self -check program; the RFID will interface smoothly with the existing
integrated library system. Ultimately, the RFID will protect the Library's assets, help prevent theft, and
provide for a sophisticated inventory process. Implementation would require some re -configuration and
use of staff time. With regard to financing, the Manieri Advisory Committee recommends that the
matching funds it has pledged for the media bank ($18,325) be used to purchase the RFID system. Mr.
Steve Hoglund, Finance Director, explained funding specific to the Library. Mr. McKeown expressed
concern that a potential vendor provided the cost analysis. Mrs. Harrison will provide copies of her
review documents to the Council and will continue independent research. Bid results will come to Council
for final action. The Council thanked Ms. Harrison, staff, and the Library Board for their diligence in
finding new ways to enhance library services.
At approximately 8:10 p.m. Mayor Maxwell continued the meeting to August 11, 2008 for the purpose of
conducting a Public Hearing relative to the Old Town Overlay Zoning.
AbIll-V C-NLj. rL 742,u�
Steven 15. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Miyor
Councilmember
2192
August 11, 2008 - Continued Meeting of August 4, 2008
Mayor Maxwell called the continued meeting of August 4, 2008 to order at 7:30 p.m. Roll call
found present: Kevin McKeown, Nick Petrish, Erica Pickett, Bill Turner, Brian Geer, and Cynthia
Richardson. Absent: Brad Adams.
Old Town Zoninq Code Overlav
Mayor Maxwell opened discussion on the Old Town Zoning Code Overlay and announced that
after conferring with Anacortes City Council, it has been determined that the R4 zone in the
Zoning Code Overlay would not be included. The original intent of the Zoning Code Overlay
focused on the R3 zone and to include the R4 zone now would take additional notifications and
process. Mayor Maxwell stated that if there is going to be a change in the R4 zone, that would
take place at a future date. Mayor Maxwell then introduced Mr. Mark Hinshaw of LMN
Architects to discuss the Zoning Code Overlay process.
Mr. Mark Hinshaw stated that he was very impressed with the community in their efforts to work
together to find a reasonable remedy to retain the unique character of the Old Town area of
Anacortes. Mr. Hinshaw believes that the outcome of the community effort created a very fair
and simple direction for the R3 zone; one that is not overbearing or heavy-handed. Mr.
Hinshaw added that the document probably should be revisited within a year or two to catch
anything that could have been missed the first time through. Mr. Hinshaw discussed some of
the basic tools that were introduced with the new zoning that will keep any new construction or
major remodeling within the character of Old Town. Mr. Hinshaw also discussed the role of the
Historic Preservation Board in that if someone wants to depart from the code, the Historic
Preservation Board can be called upon to review the plans and make the determination whether
the plans will fit or not.
Mayor Maxwell stated that the interim ordinance in place protects the R3 zone so there is plenty
of time to allow everyone the opportunity for comment beyond tonight's meeting. With that,
Mayor Maxwell opened the public hearing and invited the first person to the podium with 3
minutes to summarize their concerns.
Karen Marshall. Chair of Anacortes Historic Preservation Board, 2408 26th Street. Ms. Marshall
commented that the language regarding the role of the Historic Preservation Board in the zoning
overlay ordinance contradicts the language in Ordinance 2530, passed November, 2000, that
established the Historic Preservation Board.
Virginia Bunnv Heiner, 804 K Avenue. Mrs. Heiner stated that she is very much in favor of the
draft overlay and urged the Council pass it as it currently exists.
Al Johnson, 1201 4th Street. Mr. Johnson strongly supports the Old Town Overlay proposal as
amended by Cynthia Richardson. Mr. Johnson also suggested that City staff make a space
available to work together with community members on ideas that will preserve the special
character of Old Town and other areas throughout Anacortes. Mr. Johnson suggested this
could take place possibly on a monthly basis and would allow a lot of knowledgeable people the
opportunity to contribute to the community.
Richard Storwick, 1510 9th Street,. Mr. Storwick supports the Old Town Overlay and discussed
the history of Anacortes and how we enjoy many amenities and features that most likely faced
opposition when originally proposed.
Arlene French, 1411 8th Street. Mrs. French discussed her role in the drafting of the overlay
document and the goals of the Old Town neighbors. Mrs. French supports the overlay zoning
document that was discussed at the Roundtable meeting of July 22, 2008.
Sallv Ammerman Scott, 2019 9th Street,. Ms. Ammerman Scott stated that she lives in a 100
year old house that her family has owned for 65 years. Ms. Ammerman Scott supports the
overlay document.
Boshie Morris, 1618 7th Street. Ms. Morris stated that she is very much in support of this
overlay.
2193
AUGUST 11, 2008 -CONTINUED MEETING
Lawrence Heiner, 804 K Avenue. Agrees with the roundtable meeting results of July 22, 2008
and believes that the regulations put together as a result of the meeting chaired by Cynthia
Richardson is what should be adopted for this area.
Tanna Baker, 1207 4th Street. Ms. Baker stated her support of the proposed overlay zoning
changes and expressed her appreciation for the participation in this effort. Ms. Baker also
stated she would be willing to work on a community committee as mentioned previously by Mr.
AI Johnson.
Curt Ormel, 2803 B Avenue. Mr. Oppel stated he owns three homes in the Old Town area and
expressed his concerns over creating an extremely controlled planning process and believes
that allowing planned unit developments (PUD's) in this area would work well.
Mayor Maxwell stated that there is some language in the material distributed that considers
PUD's so Council will be reviewing that along with any new written testimony over the next three
weeks. Mayor asked whether anyone else wished to testify on this proposed overlay. As no
further testimony was offered, Mayor Maxwell closed the public hearing and stated that Council
will not deliberate or take any action tonight. The deadline for submitting written testimony will
be Friday, August 29, 2008 at 5:00 p.m. Council will then consider this item on the September
15 meeting.
Cynthia Richardson expressed her thanks to the community and her belief that this has been a
wonderful example of the community working together.
The continued meeting ended at approximately 8:08 p.m.
Z�6�Ste Hoglund,
August 18, 2008
City Clerk -Treasurer
A (AA
Councilmember
-74 . d4' 7/11"�
H. Dean Maxwell, /Mayor/
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of August 18, 2008 to order.
Roll call found present: Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, and Cynthia
Richardson. Absent: Kevin McKeown and Brian Geer. Roll call was followed by the Pledge of
Allegiance.
Minutes of Previous Meetinas
Mr. Petrish moved, seconded by Mr. Adams that the minutes of July 21, 2008 and July 28, 2008
be approved as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, and Richardson. Motion
carried.
Citizen Hearinqs
No one in the audience wished to testify on matters not on the agenda.
Mavor/Council Communication
Mayor Maxwell reported that the City received a letter from the office of Skagit County Sheriff
Rick Grimstad regarding the Law and Justice Council representation; the Council was
established by the Washington State Legislature to explore options for lowering costs for
incarceration and other issues surrounding the law and justice arena. The letter requests that
the City select a municipal representative on the Justice Council; the Mayor asked that any
Councilmembers interested in serving contact his office; the matter will then be addressed at the
Skagit Council of Governments meeting in August.
Morand Propertv Status Report
Mayor Maxwell reported that the Council will defer decision on the Morand penalty appeal to a
later date when legal representation can be present. Mr. Fred Buckenmeyer, Public Works
AUGUST 18, 2008 - CONTINUED
Director, explained that this matter was first brought to the Council On jUOe 16 m of this year as
aOappeal ofthe Planning Director's imposition 0ffines and penalties. Subsequently, on July
216t the Council was informed that K8[ Morand implemented the required emergency site
stabilization measures. K8ng. Richardson said that she would like information regarding
proposed measures tocontrol ground water.
Consent Aqenda
Mr. 4xJarns rnoved, seconded by Mr. Petrish, to approve the following Consent Agenda item.
Vote: Ayes — Pickett, Adams, Turner, Richardson, and Petrish. Motion carried.
Approval OfVouchers/Cancellation VfWarrants
Council voted unanimously that the following vouchers/warrants audited and certified by the
City's Auditing Office[ (Finance Director) and subsequently reviewed and approved by the
Council Finance Committee onAugust 7. 2008 and August 14. 2008 are approved for payment
as of this date August 18, 2008.
Claims Warrants
Aug 2008: Warrant Numbers 47311through 4751Qinthe total amount Cf $409.856.01
EFT
—Aug --2008: EFT Numbers 473O8through 4731Ointhe total amount of$317.4O
PrawhttenC|ai0a
Aug 2008: Warrant Number 473O7inthe total amount of $31.343.80
Warrant Cancellation
Warrant Number 47270inthe total amount of $184.18
Public Hearina: Vacation of a Portion of 3emStreet —Ron Woolworth ,
Mayor Maxwell opened the Public Hearing oOa petition submitted bvRonald A.Woolworth and
James N. Scott to vacate that portion of 30th Street lying between the East line of CD0Dl8Kcia/
Avenue and the West line of ^Cl^ Avenue and adjacent to Blocks 4 and 5. Whitney's First
Addition to the City ofAO8cOrteS. By VVaV of background, K8[. Fred BUCheO[Oeye[^ Public Works
[}inactor, explained that the Board of Adjustment (BOA) held a Public Hearing on this matter On
June 5. 2008 with testimony from a neighbor. K80. Olive 8auer, regarding drainage. With o vote
of 2 to 1. the Board recommended approval with the suggestion that the vacation not be
executed until development plans are completed and a Building Permit is ready to issue.
Subsequent to the BOA Hearing the City received a letter from Mr. Dennis Levine objecting to
the vacation of this right-of-way. Mr. BUnkeOOleyarthen explained that in the 1980'S CoVDC\|
directed staff to place the 30th Street improvement in the Capital Facilities Plan; the current 2007
transportation element of the Comprehensive Plan does include the planned improvement of
this segment of the street. As pari of the review of this petition' the applicants presented o
development proposal tothe City's Development Review Group /[}F<G\.
Mr. Steve K8@nsfe|d, attorney representing the Petitionero, explained that &1c Scott and K8c
Woolworth own property essentially on both sides of the street to be vacated except for one
ameU piece; access tothat piece is from "Q" Avenue. Mr. Mansfield explained that presenting a
development p[VpDea| is difficult without kn0VvOQ how [Duch property will be involved; the intent
is to develop a commercial oO[np|eu generally like Windermere Square on COrnrnenuia| Avenue.
In the past, 3»mstreet was considered as a through route to the Urban Renewal Area; in the
intenxa| \ng years @oc�osxv�a developed from 32nd Street tothe west. Mr. Mansfield understood
that the DRG had no objection to this vacation request because there was no particular
advantage to developing 3/t» Street. In light of that, the applicant moved forward with the
vacation process. The block and grid Gvstem, designated in the 1890'a. provided for 80foot
rights-of-way; using the City's current street development requirements this old grid system
leaves significant right-of-way suitable for development. Mr. K8gOgfie|d then clarified that m
Municipality does not own the right-of-way and only has an easement subject to road purposes.
If the property is not needed for road and aiF8et purposes it cannot be Used by the City for any
other use; vacation of the right-of-way extinguishes the City's easement and the abutting
property owners take ownership.
The Mayor then opened the meeting for public comment. No one wished to testify and the
Mayor declared the Public Hearing closed. Mr. Adams inquired about determining the required
compensation for this right of way. Mc Pethah expressed concern about the photos submitted
showing an existing drainage issue; he inquired about the City's plan to respond to the
neighbor's concerns. Mrs. Pickett suggested that the development include means to incorporate
and maintain o pedestrian path and plantings; she also offered a partial vacation with the City
retaining a portion for access. Mrs. Richardson supported the proposal and added that the
2195
AUGUST 18, 2008 - CONTINUED
vacation would not cut off a neighborhood route or vehicular connection. She discussed the
current difficulty in finding a commercial site suitable for retail use; the suggested development
could stimulate economic growth. The Mayor suggested conferring with the City Attorney with
regard to statutory requirements relative to vacating right-of-way; the Mayor also said that a
development agreement could be the appropriate vehicle to accomplish stated goals. Mr.
Turner also discussed the difficulty in finding enough square footage to develop business
activities; he spoke in favor of the vacation. Although he supported incorporating a pedestrian
walkway he suggested getting legal advice on conditioning the vacation but was ready to move
forward. After discussion, Mrs. Pickett moved, seconded by Mr. Adams, to table the matter for
two weeks. Vote: Ayes — Adams, Richardson, Petrish, and Pickett. No — Turner. Motion
carried.
There being no further business, at approximately 8:05 p.m. the Mayor adjourned the regularly
scheduled meeting of August 19, 2008.
A,_,6/, . 4,�
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell
Y
Councilmember
September 2, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of Tuesday, September 2, 2008 to
order. Roll call found present: Kevin McKeown, 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 Meetings
Mrs. Richardson noted a misspelling on page 2 of the August 11, 2008 minutes; with that, Mrs.
Richardson moved, seconded by Mr. McKeown that the minutes of August 4, 2008 and August 11, 2008
be approved as if read. Mr. Petrish abstained from voting on the minutes of August 4th. Vote: Ayes —
Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Citizen Hearings
No one in the audience wished to testify on matters not on the agenda.
Mavor/Council Communication
Mavor's Award of Merit — Beckv Fox
Mayor Maxwell presented the Mayor's Award of Merit to Ms. Becky Fox in recognition of her outstanding
and diligent performance in the Public Works Department. Ms. Fox has provided assistance and
expertise in the daily operations at the Wastewater Treatment Plant. In particular, the Mayor highlighted
Becky's commitment to make sure that the City remains in compliance with permit requirements and
regulations. The Mayor and Council expressed appreciation for Ms. Fox's hard work and dedication to
this organization. Ms. Fox accepted a gift certificate from the City together a heartfelt standing ovation
from the audience.
Recreation Department Update: Nicole Johnston
Ms. Nicole Johnston, Recreation Coordinator, reported that this year's soccer season begins on Saturday
with 34 teams and 332 participants. Also, the 10th Annual Skatefest will also be held on Saturday at the
Ben Root Skate Park; the City's Fire Department will be donating a helmet to any skater without one.
Fall registration begins on Monday, September 8th. The Mayor thanked Ms. Johnston for the update.
Proclamations:
Senior Center Month
Mayor Maxwell proclaimed September 2008 as Senior Center Month in the City of Anacortes and called
upon all citizens to recognize the special contribution of the senior center participants and the special
efforts of the staff and volunteers who work every day to enhance the well being of the older citizens of
our community. Ms. Sally Hill, Center Director, thanked the Mayor and Council for this acknowledgment
and support. Mr. Densley Palmer, Ms. Lynn Simonson; Mr. Earl Heisey, and Ms. Brenda Smith all
commented on the excellent programs, user friendly building, wide range of classes an9 events offered,
and the care and commitment of the staff and volunteers at the Senior Center.
United Wav Campaign in Skaoit Countv
Mayor Maxwell read from a document proclaiming, in part, that the spirit of caring for one: another is
expressed by volunteers working with the United Way of Skagit County to raise funds for health and
human services needs; and that there are many local non-profit agencies that are supported by United
SEPTEMBER 2, 2008 - CONTINUED
Way so health and human service nee(
October, and November as "United Way
Library Card Sjan-uo Month
Mayor Maxwell read from a document p
that a library card opens up a world of t
September as Library Card Sign-up Moi
smartest card at your library.
-Z, 9
Appointrpent: Plannina Commission
Mayor Maxwell first thanked Ms. Betty Kue,
Planning Commission. Mrs. Richardson
significant volunteer effort. The Mayor th
Janke's letter of interest and resume wer( , %,u,aied
moved, seconded by Mrs. Pickett, to confirm the appointment
Commission. Vote: Ayes — Pickett, Adams, Turner, Richardson,
carried.
aimed September,
library card; and
then designated
sign up for the
member of the
ication to this
LU till this vacancy; Mr.
to the Council. With that, Mr. Geer
of Mr. Stuart Janke to the Planning
Geer, McKeown, and Petrish. Motion
Confirmation and Swearina in of John Small. Police Captain
Mayor Maxwell announced that, due to unfolding events in Skagit County, the confirmation of Police
Captain John Small will take place at a future meeting.
Confirmatjpn of Rvan Larsen, Director of Planninq and Communjty Development
Mayor Maxwell thanked the committee members who conducted the interview/assessment process to
select a candidate for the Planning Director's position. The Mayor then introduced Mr. Ryan Larsen, the
recommended nominee as the new Director of Planning and Community Development for the City of
Anacortes. With that, Mr. Adams moved, seconded by Mr. Geer, to approve the selection of Mr. Ryan
Larsen as the Planning Director. Vote: Ayes — Adams, Turner, Richardson, Geer, McKeown, Petrish,
and Pickett. Motion carried. Mr. Larsen thanked the Mayor and Council for the opportunity to serve the
community.
Mayor's Budget Messaae to Council
The Mayor presented the following to the Council and members of the Community:
I am pleased to submit the proposed 2009 budget for the City of Anacortes for your review, comment, and
action.
The proposed 2009 budget totals $45,295,976, and represents a 4.4% increase over the adopted 2008
budget of $43,398,079. The majority of increase is due to an increase in capital funding for the Water
Treatment Plant expansion project. The proposed budget utilizes real estate excise tax, impact fees, and
general facility charges to build another West end park, to build a new section of the Guemes Channel
Trail, to fund the majority of the roundabout at the SR20 and Commercial Avenue intersection, to improve
streets, to continue our street overlay program, to pour new sidewalks, to improve existing parks, and to
maintain the City's strong investment in our utility infrastructure.
The following is an overview of some highlights related to this budget preparation year (2008) and to the
2009 projected budget:
Admin istration/Qerlecr7�
Departments worked closely with Finance and my office to prepare a balanced budget that provides high
levels of service to our community within the parameters of a 1% property tax increase. The City
maintains a 5% emergency reserve in each of its funds, and has a fiscally conservative philosophy to
pursue strong fund balances in all of its funds. Anacortes continues to be one of the lowest taxing cities
in Skagit County with a projected 2008 millage of $1.32 / 1000 of assessed value. Property tax revenues
largely fund operations of the City's general government departments Police, Fire, Museum, Parks, and
Library. The utility department budgets are funded separately.
The City will continue its strong support of the region's social needs with $28,500 contributed to Skagit
County Senior Services for staffing; $5,000 budgeted for our local Food Bank Emergency Fund; $5,000
budgeted towards a regionally shared Energy Conservation Resource Manager; $5,000 for the Skagit
County Community Action Agency; and $10,000 for the Anacortes Chapter of the Skagit County Boys and
Girls Club. The local Boys and Girls Club supports over 200 members, 40% of whom qualify for the
public schools' reduced lunch program offered for those with financial needs.
Public Safety
Police: The Police Department intends to fill two vacant patrol officer positions by the end of 2008, and
enter 2009 with all budgeted positions filled. The proposed budget maintains all current programs.
Training of new staff will be a top priority as will training an investigator in electronic (computer/cell phone)
fraud investigations. Every officer will continue to receive 24 hours of continuing education including 8
hours of defensive tactics, 12 hours of firearms training, and 4 hours of emergency vehicle operation. The
department will continue its commitment to train all commissioned staff in dealing with persons affected
by mental health disorders. The narrow banding of 400mgz radios and repeaters Countywide will occur
2198
SEPTEMBER 2, 2008 - CONTINUED
Way so health and human service needs can be met. With that, Mayor Maxwell proclaimed September,
October, and November as "United Way Campaign Months" in the City of Anacortes.
Library Card Sian -up Month
Mayor Maxwell read from a document proclaiming, in part, that the smartest card is a library card; and
that a library card opens up a world of opportunity for people of all ages. The Mayor then designated
September as Library Card Sign-up Month in Anacortes and encouraged everyone to sign up for the
smartest card at your library.
Appointment: Plannina Commission
Mayor Maxwell first thanked Ms. Betty Kuehn for her many years of dedicated service as a member of the
Planning Commission. Mrs. Richardson respected Ms. Keuhn's point of view and dedication to this
significant volunteer effort. The Mayor then recommended Mr. Stuart Janke to fill this vacancy; Mr.
Janke's letter of interest and resume were previously circulated to the Council. With that, Mr. Geer
moved, seconded by Mrs. Pickett, to confirm the appointment of Mr. Stuart Janke to the Planning
Commission. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. Motion
carried.
Confirmation and Swearina in of John Small. Police Captain
Mayor Maxwell announced that, due to unfolding events in Skagit County, the confirmation of Police
Captain John Small will take place at a future meeting.
Confirmation of Rvan Larsen, Director of Plannina and Communitv Development
Mayor Maxwell thanked the committee members who conducted the interview/assessment process to
select a candidate for the Planning Director's position. The Mayor then introduced Mr. Ryan Larsen, the
recommended nominee as the new Director of Planning and Community Development for the City of
Anacortes. With that, Mr. Adams moved, seconded by Mr. Geer, to approve the selection of Mr. Ryan
Larsen as the Planning Director. Vote: Ayes — Adams, Turner, Richardson, Geer, McKeown, Petrish,
and Pickett. Motion carried. Mr. Larsen thanked the Mayor and Council for the opportunity to serve the
community.
Mavor's Budaet Messaae to Council
The Mayor presented the following to the Council and members of the Community:
I am pleased to submit the proposed 2009 budget for the City of Anacortes for your review, comment, and
action.
The proposed 2009 budget totals $45,295,976, and represents a 4.4% increase over the adopted 2008
budget of $43,398,079. The majority of increase is due to an increase in capital funding for the Water
Treatment Plant expansion project. The proposed budget utilizes real estate excise tax, impact fees, and
general facility charges to build another West end park, to build a new section of the Guemes Channel
Trail, to fund the majority of the roundabout at the SR20 and Commercial Avenue intersection, to improve
streets, to continue our street overlay program, to pour new sidewalks, to improve existing parks, and to
maintain the City's strong investment in our utility infrastructure.
The following is an overview of some highlights related to this budget preparation year (2008) and to the
2009 projected budget:
Administration/General
Departments worked closely with Finance and my office to prepare a balanced budget that provides high
levels of service to our community within the parameters of a 1% property tax increase. The City
maintains a 5% emergency reserve in each of its funds, and has a fiscally conservative philosophy to
pursue strong fund balances in all of its funds. Anacortes continues to be one of the lowest taxing cities
in Skagit County with a projected 2008 millage of $1.32 / 1000 of assessed value. Property tax revenues
largely fund operations of the City's general government departments Police, Fire, Museum, Parks, and
Library. The utility department budgets are funded separately.
The City will continue its strong support of the region's social needs with $28,500 contributed to Skagit
County Senior Services for staffing; $5,000 budgeted for our local Food Bank Emergency Fund; $5,000
budgeted towards a regionally shared Energy Conservation Resource Manager; $5,000 for the Skagit
County Community Action Agency; and $10,000 for the Anacortes Chapter of the Skagit County Boys and
Girls Club. The local Boys and Girls Club supports over 200 members, 40% of whom qualify for the
public schools' reduced lunch program offered for those with financial needs.
Public Safetv
Police: The Police Department intends to fill two vacant patrol officer positions by the end of 2008, and
enter 2009 with all budgeted positions filled. The proposed budget maintains all current programs.
Training of new staff will be a top priority as will training an investigator in electronic (computer/cell phone)
fraud investigations. Every officer will continue to receive 24 hours of continuing education including 8
hours of defensive tactics, 12 hours of firearms training, and 4 hours of emergency vehicle operation. The
department will continue its commitment to train all commissioned staff in dealing with persons affected
by mental health disorders. The narrow banding of 400mgz radios and repeaters Countywide will occur
2199
SEPTEMBER 2, 2008 - CONTINUED
in early 2009. Crime prevention, outreach programs and associated community policing activities will
continue to have high priority.
Fire: The Fire Department has a long tradition of providing a high level and quality of service, and is
responsible for Advanced Life Support needs for residents of Fidalgo and Guemes Islands. The Fire
Department enters 2009 fully staffed, with two fire stations, Station 1 and Station 2, operating 24 hours a
day. Station 3 is currently located in temporary facilities on Molly Lane and is staffed with two
Firefighter/paramedics from 8:00 am to 8:00 pm.
In 2002, the City purchased a four -acre parcel of property located off South March Point Road, east of
Reservation Road, for the construction of a permanent fire station and training facility. To begin the
process of determining costs and conceptual plans for construction, we have budgeted $50,000 dollars to
hire an architectural/engineering firm to give us a clearer picture as to all the elements of the project, cost
estimates, and construction plans.
This budget also reflects the completion of a three-year goal to obtain a thermal imaging camera placed
at each fire station so the first engine to arrive on site at a fire emergency will have this valuable tool.
Finally, in the EMS budget, we have budgeted for a safety device important for both our patients and
firefighters: vehicle stabilizer jacks. These devices are utilized at motor vehicle accidents where a
vehicle may be resting on its side or top. The jacks are placed on the vehicle prior to making entry to
check the patients, improving both firefighter and patient safety.
Public Works
The City of Anacortes has seen substantial growth in the past decade; however, growth started to slow in
2007, and this pattern continued in 2008. The Growth Management Act set aside specific fees and taxes
to enhance those communities absorbing the impacts of growth. The City receives revenues in the form
of impact fees for streets and parks and real estate excise tax on the sale of homes in our city limits, as
well as utility hookup fees. The 2009 budget takes advantage of these moneys as available and uses
them on projects that enhance our City streets, sidewalks, and utility infrastructure.
Streets/Trails: The proposed 2009 budget contains grant matching funds for a long awaited roundabout
project at the intersection of Commercial and SR 20. This is historically one of the most dangerous
intersections in the city and the addition of the roundabout will improve the safety and traffic flow,
enhance the appearance of this intersection, and acknowledge arrival into our commercial business
district and the urban areas of our community. The Street fund also includes $300,000 for the Old Brook
Lane to Fidalgo Bay access road which begins the Sharpe Corner infrastructure development project.
Funding has also been included in 2009 for the continuing effort to acquire right -of -ay for the future
construction of the Pennsylvania Avenue connection. The City continues its commitment to maintaining
city streets and sidewalks by funding $200,000 for street overlays and $105,000 for sidewalk
construction.
Water Treatment, Transmission, and Distribution: The 2009 budget includes $2,250,000 for the
realignment of a section of 36 -inch transmission main crossing Swinomish Tribal Community property, a
condition of the renewal of the easement for that water main. The continuing design effort for the water
treatment plant upgrade is included in the budget in the amount of $2,542,000 for the final design of the
improvements. The new sedimentation process will reduce turbidity loading on the existing filters and
expand our water treatment capability and reliability. The 2009 budget includes $1,010,000 to complete
the Deception Pass 10" waterline relocation associated with the Highway 20 widening. Also included in
the budget is $298,000 for the Water System Plan update as required by the Department of Health, as
well as $154,000 for the replacement of distribution mains.
Wastewater Treatment, Collection, and Conveyance: The Wastewater budget includes funding for
significant improvements to the infrastructure from the general facility charges for new hookups. The
2009 budget will provide $125,000 for sewer pipeline replacement, $100,000 for sewer manhole repair or
replacement, and $100,000 for inflow and infiltration (I & 1) reduction, which will reduce the volume of
wastewater the plant will need to treat. Additionally, $500,000 is budgeted for the replacement of the
wastewater plant's belt press, which will reduce the amount of fuel required to incinerate waste sludge.
Storm Drainage: The general facility charge has accumulated to a level that allows for infrastructure
improvements. The 2009 budget includes funding of $60,000 for infiltration and inflow reduction, and
$47,000 for storm drain outfall reconstruction. The budget also includes $447,980 for the Flounder Bay
dredging project Phase II design, to be reimbursed to the City through a basin specific fee. This project
serves as an excellent example of a public-private partnership, working together to solve a significant
problem.
Sanitation: The 2009 budget includes $30,000 to finish the closure of the `A' Avenue dump site, as well
as $100,000 to provide a debris handing and dewatering facility.
Equipment Rental and Replacement: The Equipment Rental and Replacement fund continues to
monitor and serve the City's equipment requirements with $312,896 budgeted to replace aging equipment
in 2009. Equipment scheduled to be purchased includes new trucks for the Water, Parks, and Street
Departments, three police cars, and a tilt deck backhoe trailer.
SEPTEMBER 2, 2008 - CONTINUED
Library
Over 100,000 community members and visitors have come to the Library since the beginning of 2008
using a variety of services including free Internet access. This winter and spring, well-received adult
programs drew audiences that totaled 2,000 attendees, and we have a line-up of 22 programs for the fall
season including our monthly Sunday Jazz performances. In addition to the popular book, magazine, CD
and DVD collections, the Library now provides a variety of audio books that can be downloaded to home
computers and for use on MP3 players. Our new reference computer funded by a grant from the Gates
Foundation features GrantStation, a database to help patrons identify grant sources that meet their
needs, as well as other electronic resources.
We have seen cost savings in Library operations as a result of the implementation of a new computer
system, sending patron overdue notices by email, and through other automated services. In 2009, the
Library expects to benefit from even greater economizing measures. To help contain staffing costs and
provide faster customer service, a self check-out station for materials and a security system to help
safeguard our assets is to be installed.
Leqal/Courts
The 2009 Court budget is relatively unchanged from 2008.
The major unanticipated expense in the current year has been the cost of appealing the court decision to
allow T -Mobile to locate a cell tower on private property in a residential area not zoned for commercial
use. The City values the rights of our citizens, and will continue to fight for our constituency where
necessary.
Planninq
The Planning Department has several large projects planned to begin in 2009 that are grant dependant,
but significant projects.
City Hall was constructed in the 1930's, and a seismic structural assessment and retrofit could start in
2009. At the same time, the building's fire suppression requirements will be assessed. The Planning
Department has also budgeted in 2009 projects to aid the boat building industry. $72,000 has been
budgeted to repair a scour hole at the base of the city boat launch ramp; and an assessment and upgrade
of the city dock will be performed, dependant on grant fund availability, to increase the capacity of the
dock to accommodate vessels beyond its current 50 ton capacity.
Human Resources
The 2009 Human Resource budget is a conservative budget that continues to provide for progressive
human resources programs and support including employee and supervisor training, a wellness program,
and involvement with the AWC's Employee Benefits Advisory Board and WCIA's Risk Management
Board.
Museum
This year, the Museum celebrated a trio of anniversaries: 50 years since the establishment of the
Anacortes History Board; 40 years since the Museum moved into the Carnegie Library; and 25 years
since the W. T. Preston came to Anacortes.
In 2008, the Museum staff undertook a very ambitious project to restore the Carnegie Building interior
back to near original condition. The project focused on the east and center galleries, uncovering painted
over windows, removing old carpet and ceiling tiles, repairing and repainting the walls and refinishing the
wood floors. The Museum also added a long-awaited accessibility lift. The Museum opened the very
popular exhibit, Colorful Characters & Local Lore, which will run through spring of 2009.
In the upcoming year, the Museum will continue the restoration project on the Carnegie building, focusing
on the west gallery. The Museum will continue to develop exhibits of local historical interest and
significance to display at both the main gallery and the WT Preston Heritage Center. The Museum's
research library is heavily used by residents and visitors alike and staff will focus on fine-tuning that
service as well as continuing to produce books and other materials about local history.
Parks and Recreation
In 2009 the Parks Department has set its sights high, to try and complement its accomplishments in 2008,
which includes participation in the Our Park Our Town project at Storvik Park, and the initiation of
construction at Pennsylvania Park.
Budgeted in the upcoming year is $275,000 for the SHIP Interpretive Trail, $200,000 for another park on
West 6th Street, $50,000 for a potential acquisition of additional ACFL land, and $15,000 for the Heart
Lake Master Plan.
Additionally, the 2009 budget includes $175,000 for expansion and improvement of the municipal
cemetery. There is also $20,000 budgeted for Volunteer Park improvements, $20,000 for H Avenue park
improvements, and $10,000 for Depot Art Center improvements.
SEPTEMBER 2, 2008 - CONTINUED
The Parks Department is also taking the hsod on improvements of existing City facilities, including
$60,000 to paint City Hall, and $36,500 to replace flooring at the Fidalgo Center.
In conclusion, the 2009 budget kafiscally conservative reflecting these times, All major projects have
been funded through the accumulation of impact fees, real estate excise tax, and our utility general
facilities charges. The street projects, perhe, and utility enhancements will maintain and improve the
excellent quality of life in our community that makes Anacortes such a beautiful place to live.
The Mayor is looking forward to the Council's and community's input regarding the 2009 budget.
Morand Proper*Status Report
K0c Don K4emsamner, Assistant Planning Director, reported to Council that erosion control measures have
been completed at the Morand property to the satisfaction of staff; also, the owner's geotechnical
engineers provided a report indicating that the required measures are in place. Mr. Meooenoerexplained
that the owner was required to install these improvements as part of the bulkhead/temporary access road
project otthe site. The owner failed to comply in e timely manner and penalties were assessed; the
owner appealed the imposition offines. Todate, the City has incurred $1,02Oincosts inboth man hours
and geotechnical monitoring; penalties are now at $13.500. Staff recommends that a geotechnical
engineer monitor the site over the winter; additional erosion control measures may be required. Boulders
have been placed on the adjacent property that should sufficiently protect that site from erosion; the first
winter storm should bear that out. The City will continue tomonitor AnacoBeach Road Mr. Brad Furlong,
City Attonney, explained that City has responded appropriately in this situation; Council should hold
imposing additional fines and penalties in abeyance to determine the success of the winter maintenance
Deliberation: 3umStreet Vacation —Woolworth
Mr. Fred 8uohennneyerPublic Works Director, reported that onApril 27.2OO8 staff received a Petition for
a right-of-way vacation from Ronald Woolworth and James Scott involving that portion of 30th Street lying
between Commercial Avenue and ^C)'Avenue. The Board ofAdjustment took testimony onthis matter on
June 5, 2008. The Qty Council passed a resolution setting a public hearing date for the vacation. A
Public Hearing was held on August 18. 2008 and the Council directed staff to bring the matter back
before Council for deliberation on conditions. Gboff nsunrnnnendo the vacation be granted with the
following conditions: (1) the vacated right-of-way and the adjoining parcels owned by the petitioners shall
be developed an a single pance|, unless otherwise approved by the City Council through a formal
subdivision process; (2) the resulting aggregated parcels will be developed asretail use unless otherwise
approved by City Council; (3) traffic circulation off the site will be limited to one driveway on Connnnernio|
Avenue and one driveway on "Q" Avenue; (4)abinding site plan ahoU be approved bythe City and
naoondad with the Skagit County Auditor depicting the aggregated lots and illustrating the conditions set
forth bythe City Council through the vacation ordinance; and (5)payment of7S96ofthe appraised value
shall be received pursuant to City ofAnecortea ordinance # 2780. Mr. Brad Fur|ong, Qty Athorney,
explained that there are a number of legal mechanisms to document these conditions; if the Council came
to an agreement as to on array ofconditions, an Ordinance could be brought bock outlining which
mechanism to be employed. Mrs. Pickett restated her request tu consider pedestrian public amenity.
Mr. Turner suggested lowering the 7596 compensation requirement in exchange form portion of the
development conditions proposed. After discussion, yNny. Richardson moved, seconded by Mr.
McKeown, to table this matter for two weeks in order to consider the proposed conditions and additional
information from staff. Vote: Axeo—Turner' Richordaon, Geer, K8nKeovvn, Pethsh. Pickett. and Adams.
Motion carried.
ComsentAoomda
Mr. Turner moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote: Ayes
— Richardson, Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
Aoomv|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 onAugust 21'20O8and August 28. 20U8are approved for payment aaofthis date September
2,2008.
Claims Warrants
Aug 2008: Warrant Numbers 47523through 4701inthe total amount of $610.806.72
EFT
Aug 2008: EFT Number 47521through 47522inthe total amount of$O4.OD
PnawhttanC|airns
Aug 2008: Warrant Number 47530inthe total amount of$1.2O4.48
PoVroUAuoust2O.2OOOinthe total amount ofQ5O3.512.24
Warrant Numbers 32840through 327O1inthe total amount of$48.8U9.46
Direct Deposit Numbers 275S3through 277G2inthe total amount of$277.077.83
EFT Numbers 88Sthrough 8SUinthe total amount of$17O.724.S5
|nthe same motion:
Council accepted oocomplete the Waterline Replacement Project Segments 5and 8(04-O3 .
2202
SEPTEMBER 2, 2008 - CONTINUED
Bid Award: Pennsylvania Avenue Park
Gary Robinson, Director of Parks and Recreation, presented the bid results for the Pennsylvania Park
project; bids were opened on August 22, 2008 with Strandberg Construction as the apparent low bidder in
the total amount of $381,558.70 (including tax.) Mr. Robinson then reviewed the base bids and additive
items; staff recommends accepting the Strandberg Construction base bid together with additive 3. The
City will complete additive items 1 and 2. After discussion, Mr. Geer moved, seconded by Mr. Adams, to
award the Pennsylvania Park project to Strandberg Construction in the amount of $381,558.70 (including
tax). Mr. Turner said he would donate small cedar trees for the shelter. Discussion followed regarding
funding and work schedule. Vote: Ayes — Geer, McKeown, Petrish, Pickett, Adams, Turner, and
Richardson. Motion carried.
Resolution: Regardinq Pedestrian and Bicvcle Safety and Local Access alonq SR 20,
Mayor Maxwell presented a Resolution to Council for review and adoption. Mrs. Richardson has been
working with bicycle access groups to participate in the development of pedestrian and bicycle
safety/local access along State Route 20. In light of the new round -about proposal, these issues have
become critically important. The Resolution now before Council specifies that the Sharpe's Corner
highway improvements must balance safety considerations for conventional vehicles, public
transportation, slower -speed personal vehicles, pedestrians and bicycles, and alternative transportation
features must be accommodated in projects along the entire SR20 corridor. Additionally, the City Council
encourages full funding of pedestrian and bicycle facilities and urges WSDOT to make every effort to
keep this a high priority. Mr. John Pope, 4001 Peters Lane, and Mr. Tom Carson, 14188 Madrona Drive,
discussed their participation in and contributions to the development of this Resolution. Mr. Petrish
shared his concerns over the round -about design and other pedestrian crossing/access issues. After
discussion, Mrs. Richardson moved, seconded by Mr. McKeown, to adopt Resolution No. 1762 entitled
"A Resolution Regarding Pedestrian and Bicycle Safety and Local Access along State Route 20", and that
this Resolution be forwarded to the Department of Transportation. Vote: Ayes - McKeown, Petrish,
Picket, Adams, Turner, Richardson, and Geer. Motion carried.
At approximately Mayor Maxwell continued the regularly scheduled meeting of September 2, 2008 to
Monday, September 8, 2008 for the purpose of review and action relative to the Anacortes Cinema
Lease.
,o1� -N.
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, pAayor
Council ember
September 15, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of September 15, 2008 to order. Roll
call found present: Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson, and Brian
Geer. Absent: Kevin McKeown. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetings
Mrs. Richardson noted a misspelling on page 1; with that, Mrs. Richardson moved, seconded by Mr.
Adams that the minutes of August 18, 2008 be approved as if read. Vote: Ayes — Pickett, Adams,
Turner, Richardson, and Petrish. Mr. Geer abstained. Motion carried.
Citizen Hearinqs,
Mr. Bill Mitchell, 807 27tr, St., reported that although the Enchantress may not be saved, but that he and
others will be working on chronicling the Enchantress' history.
Mr. Dave Crawford, 5974 Campbell Lake Road, suggested that the proposed improvements to Highway
20/Sharpe's Corner should be discussed in a Public Hearing format.
Ms. B. Morris, 1618 7th Street, thanked the Mayor and Council for responding to the parking/safety issues
at 6th Street and "I" Avenue.
Mavor/Council Communication,
Ms. Pickett reminded everyone that this Saturday, September 20th is the Fidalgo Bay Day celebration at
Seafarer's Memorial Park from 11:00 a.m. to 3:00 p.m. This popular annual event will feature chowder
tasting, a Shannon Point Marine Center display, and other exhibits celebrating the Anacortes maritime
connection.
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SEPTEMBER 15.2DOO-CONTINUED
Corner Update
Mr. Todd Harrison, Department of Transportation, reported that there will be an open house in Anacortes
on September 25w at the Middle School from 4:30 p.m. to 7:30 p.m. for question and answer regarding
the Shorpe's Corner improvements; with a follow up meeting with the Oak Harbor City Council. Mr.
Harrison said that the overall project budget is$23.4 million with construction to begin in 2011. The
proposed /rnpnovornonts will address safety and congestion issues at this critical intersection. Avo|ue
engineering study evaluated options, accepted public comment, and incorporated an independent review.
The study validated and recommended moving forward with the roundabout option; a bypass tunnel was
suggested as an alternative. Cost risk assessment issues inc|ude, in part, soi(s, rock, ground vvater,
major uti|ities, and property purchases. OvanaU, the project is within budget and on track with the
construction start date. A hearing will also be held to study the Gibraltar intersection access. Mr.
Harrison discussed project entails including moving the intersection to the east and north; westbound will
bypass the roundabout, and there will be atnai| from Oak Harbor. O{}T has worked closely with the
Active Community Task Force, a subcommittee of the Skagit Regional Transportation Policy Board; this
group represents non -motorized facilities within the Skagit County area and has offered valuable advice
and input. Question and answer followed with the Council.
Conservation Easement Prmaramm: Council Approval of Groves
Mr. Jonn Lunsford, Parks and Forestlands Manager, presented a request for Council approval of 30 acres
tobeprotected through the [|nnoenxaUon Easement Program. Council reviewed this acreage via o July
31' 2008 memorandum from the Perk Department. This approval would bring the total number ofacres
conserved through the Easement Program to 1.575. With that, Mr. Adams nnoved, seconded by Mr.
Geer, to authorize the protection of 30 acres through the Conservation Easement Program (as described
in oJu|y 31. 2008 memorandum from the Parks Department). Vote: Aveo- Pinkett, Adomg, Turner,
Richardson, Geer, and Pethah. Motion carried.
Rmsp|otimmz Adoption of Updated Solid Waste 88amaqemuentPlam
Mr. Fred 8uckennneyer, Public Works Direotor, reported that in April of 2008 the cities and towns in the
County joined in signing on Interlocal agreement with Skagit County that formed the Solid Waste
Governance Board resulting in the development of a joint city -county pian. In that naQand. the Skagit
County Public Works Department has developed a joint city -county Solid Waste Management Plan
Update with involvement from the Solid VVosta Advisory Committee and the Solid VVoete System
Governance Board. The Governance Board is requesting that each jurisdiction take formal action to
adopt this Plan; staff recommends adoption. K8c 8uokenmeyera|so provided an executive summary of
the Plan for Council review; the Mayor pointed out that the amendment removes the ability to have a
second transfer facility within Skagit County without approval of the Solid VVoate Governance Board
-
With that, PWr. Turner moved, seconded by [Nc Geer. hoadopt Resolution No. 1764 entitled "Regarding
Adoption of the 2008 Skagit County Solid Waste Management Plan Update as Amended". Vote: Ayes—
Adarns'Turner. Riohondoon, Geer, Petrieh. and Pickett. Motion carried.
CmmsemtAcimoda
Mr. Pedhah moved, seconded by Mr. Geer, to approve the following Consent Agenda item. Vote: Ayes —
Turner, Richardson, Geer, Pethsh.Pickett, and Adams. Motion carried.
Approval ofVouch ors/Cance|aUonofWarrants
Council voted unanimously that the followingvouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on September 4, 2808 and September 11. 2008 are approved for payment as of this date
September 15.2OD8.
Claims Warrants
Sep 2008: Warrant Numbers 477OGthrough 47S03inthe total amount cf $448.044.02
EFT
Sep 2008: EFT Number 477O2through 477O5inthe total amount nf$1.248.Q8
Pavro||September 5.2OO8inthe total amount of$7O3.52S.78
Warrant Numbers 327O2through 32787inthe total amount of$G4.1D1.91
Direct Deposit Numbers 27765 through 27956 in the total amount of $463,055.29
EFT Numbers 891through O95inthe total amount pf$17G.2S2.5G
Cancelled Warrant
Warrant Number 31699 in the total amount of$72.9O
Action: Old Town OnmrfamZmnimq Code
yWc Don K8eaoonner, Assistant Planning Director, reported that the residents in the 0d Town area and
City staff participated in the development ofa draft for n zoning overlay for that specific neighborhood in
the R 3 zone. Key features include: no new construction of duplexes or triplex; re -construction of existing
tri- and fouFp|exes only if destroyed by fire or the elements and only within the existing footprint; Planned
Unit Developments are not allowed; and building height shall be 25' (an increase to 35' may be a/|nvved
under certain circumstances). Mrs. Richardson reported that the Anaoortes Hiahnho Preservation Board
found the proposed languages acceptable. In that naOovd. the City's existing ordinance requires review
by the Board before any changes can be made to homes on the local designated landmark registry; Mrs.
Richardson suggested amending the overlay language from may to shall regard to designated landmarks.
With that revision, Mrs. Richardson nnoved, seconded by Mr. Turner` to approve the Old Town Overlay
2204
SEPTEMBER 15, 2008 - CONTINUED
Zoning to be included with the 2007 Development Regulation amendments. Mr. Petrish thanked the
neighbors for their participation in this significant planning process. Vote: Ayes — Richardson, Geer,
Petrish, Pickett, Adams, and Turner. Motion carried.
At approximately 8:30 p.m. Mayor Maxwell continued the meeting to the evening of Monday, September
22, 2008 in order to consider approval for the Library RDID security and self -check system.
Ho lund Cit Clerk -Treasurer H. Dean Maxwell, M or
Steven D. g y
�AA (,�4 Q1
Councilmember
City Council Minutes — September 22, 2008
Continued Meetina of September 15. 2008
Mayor Maxwell called the continued meeting of September 15, 2008 to order at 7:30 p.m. Roll call found
present: Kevin McKeown, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and
Brian Geer.
Approval for Library RFID — Security and Self -Check Svstem
Mayor Maxwell introduced Cynthia Harrison, Library Director, to present the request for the Library RFID.
Ms. Harrison discussed the review process for the four proposals for the RFID system and briefly went
over the main reasons why this will be a benefit to the library and to the community. The new system will
enable a self -check system which will enhance our customer service. It will also solve some of the issues
with check out of the CD's and DVD's which creates a backup of people at the circulation desk. The new
system will enable the staff to remain at the circulation desk and provide useful help rather than just
checking out materials. The new system will also provide a mechanism for regular inventory. Ms.
Harrison concluded that after careful review of the proposals, it was determined the best overall product
due to costs and support was the SirsiDynix/ITG system. This system will also work well with the
Integrated Library System.
Mayor Maxwell stated that this will be paid for out of the library building capital fund along with a
contribution from the Manieri Jazz exhibit.
Mrs. Erica Pickett asked whether Mrs. Harrison had actually talked with anyone who used the system that
was chosen. Mrs. Harrison responded they had talked with three libraries for the ITG system, two
libraries for 3M. One of the responses regarding the 3M system came from Monterey County Library in
California who "loved" the system but the maintenance fee was so high they decided to go without the
maintenance. Mrs. Harrison reiterated after reviewing the recommendations, the Sirsi/ITG system was
the best for Anacortes, both financially and product quality.
Mr. Brian Geer believes with the growth of the library and the increased use it is getting, there is a need to
protect its inventory and reclaim some of those books that may have fallen behind the self. Mr. Geer
moved to accept SirsiDynix/ITG for installation of an RFID system. Motion was seconded by Mr. Bill
Turner. Votes: Mr. McKeown, yes; Mr. Petrish, yes; Mrs. Pickett, yes; Mr. Adams, yes; Mr. Turner, yes,
Mrs. Richardson, yes; Mr. Geer, yes. Motion passed unanimously.
Bid Award Air Duct Proiect — Wastewater Treatment Plant,
Mayor Maxwell introduced the bid award for the air duct project at the Wastewater Treatment Plant.
Mayor Maxwell stated the wastewater treatment plant is now 16 years old and due to a pretty harsh
environment, is now experiencing some maintenance issues. Mayor Maxwell introduced Mr. Fred
Buckenmeyer, Public Works Director, to explain the current situation.
Mr. Buckenmeyer explained what the project was and why the need for this project. The odorous air
HVAC system covers the entire wastewater plant and basically takes all of the bad smelling corrosive airs
and sends them through a scrubber. The system is full of gaping holes and in need of repair.
The bidding process opened on September 10 and the City received four bids as listed in the packet:
Ebenal General, Boss Construction, Gary Harper Construction, and McClure & Sons. The lowest bidder
was Ebenal General with a bid of $816,480. The estimate on this project was in the range of $750,000 to
$895,000. Ebenal & Sons has not performed any work directly for the City of Anacortes, but they have
done work for the City of Bellingham and are currently under contract with the Skagit Valley Hospital in
their expansion project. We have checked their references and it is our recommendation that we award
the contract to Ebenal.
Mr. Buckenmeyer added the motion before the Council is actually two items — recommending the award
to Ebenal for the odorous airduct project and also recommending awarding a task order to HDR
2205
SEPTEMBER 22, 2008 - CONTINUED
Engineering for construction management of this project. The cost for the construction management
would be an additional $51,748.92. This was also included in the 2008 budget.
Mr. Kevin McKeown asked when the odor control project would be completed and in how many phases.
Mr. Buckenmeyer stated it would be completed probably in early 2009 and it would be completed in just
one phase. The duct work and the blower would be done all at once.
Mr. Bill Turner added the odors also cause corrosion in other places in the plant and this work will help to
protect the plant itself. With that, Mr. Turner moved to accept the contract as presented plus the
management fee. The motion was seconded by Mr. Geer. Roll call: Mr. Petrish, yes; Mrs. Picket, yes;
Mr. Adams, yes; Mr. Turner, yes; Mrs. Richardson, yes; Mr. Geer, yes, Mr. McKeown, yes. Motion
passed unanimously
TSI Task Order approval Pump Station Uaarades — Wastewater Treatment Plant
Mr. Fred Buckenmeyer, Public Works Director, reported there are two pump stations involved in this
contract award. One is a sanitary pump station directly adjacent to the City fire station. The other one is
located in Volunteer Park and it is directly associated with the park's public restrooms. Currently there is
no way for City personnel to monitor the function of those pump stations. If there was an overflow, there
is no way to know unless someone notifies the City. These upgrades will allow us to automatically
monitor the facilities from the wastewater plant and avert an overflow situation before it happens. City
staff recommends the task order be awarded to Technical Systems Incorporated who have done a lot of
work for the City of Anacortes and is very familiar with our systems in our treatment plant. The cost to
install the radio telemetry at both pump stations is $72,287.05 and this amount was included in the 2008
budget.
Mr. Brian Geer asked how many more pump stations are without telemetry. Mayor Maxwell stated these
will be the last ones to be fitted with the radio telemetry. Mr. Bill Turner added it might seem that TSI has
a lock -in on these contracts but it is extremely important there is continuity especially with these very
complex remote control systems. Mr. Turner stated he has worked with TSI and believes they are a good
company and made a motion to accept this contract. Mr. Adams seconded the motion; no further
comments or questions were made. Roll call: Mrs. Pickett, yes; Mr. Adams, yes; Mr. Turner, yes; Mrs.
Richardson, yes; Mr. Geer, yes; Mr. McKeown, yes; Mr. Petrish, yes. Motion passed unanimously
The continued meeting ended at approximately 7:48 p.m.
Steven IY Hoglund, City Clerk -Treasurer H. Dean Max well,a or
Councilmeember
2
October G,2OO8
At 7:30 p.m. Mayor K4axvveU called the regularly scheduled meeting ofOctober G. 2008 to nnder. Roll od|
found present: Kevin McKeown, NichPethsh. Erica Pickett, Brad Adams, Cynthia Richardson, and Brian
Gear. Absent: Bill Turner. Roll call was followed bvthe Pledge ofAllegiance.
Minutes of Previous KUmetinom
Mr. Geer moved, seconded by Mr. Pethoh, to approve the minutes ofSeptember 2. 2008 as if read. Vote:
Ayes—Pathsb. Pickett, Adanns, Richardson, Geer, and McKeown. Motion curried.
CitizewHearimqs
Nocitizens present wished totestify onmatters not onthe agenda.
k8avor/CounoJCommunication,
Appointment:Appointment:Historic Preservation Board: Mrs. Richardson moved, seconded byMrs. Pickett, hoconfirm
the appointment ofMr. Jim Young tothe Anaoortem Historic Preservation Board. Mr. Young's naouma,
opp|ioation, and the Board's recommendation were circulated to the Council prior to this evening's
meeting. Vote: Ayeu—Piokett. Adanns, Riohandsnn, Geer. K8nKeovvn. and Petriah. Motion carried.
Appointment Alternate: Board of Adjustment: Mr. McKeown nnoved, seconded by K8c Adams, to
confirm the appointment of Mc John Archibald as an alternate member on the Board of Adjustment.
Council reviewed Mr. Archibald's letter of interest prior to this evening's meeting. Vote Ayea—Adanns.
Richardson, Geer, McKeown, Petrish, and Pickett. Motion carried.
Mayor Maxwell and Council welcomed home the Whidbey island Naval Air Station squadrons returning
from deployment in Iraq.
Mrs. Richmndeon, Mayor Pro Tern during the recent Oyster Run vveekend, reported the activity was a
successful community event.
vnmStreet Vacation: Womkmorth/Suoft
W1r. Fred Bunkenmeyer, Public Works Director, presented the revised Petition submitted by James and
Mary Scott and Ronald Woolworth to vacate the northerly 10 feet of 30th Street adjacent to Lots 11
through 18' of Block 5' Whitney's First Addition. Staff recommends approval without any restrictions or
conditions except for any required compensation. ifapproved, onOrdinance authorizing the vacation will
be brought back to Council for adoption. Additionally, Mr. Buckennneyor pointed out this vacation vvnu\d
not have m significant impact on any future righ�n�vvev development. With that, Mr. Geer moved,
��
seconded by Mrs. Pickett vacate the northerly 1Ofeet of3Om Street adjacent toLots 11 through 1O.nf
Block 5, Whitney's First Addition. Vote: Ayes — Richardson, [Geer. W1uKeovvn. Petrimh. Pickett. and
Adams. Motion carried.
CnnsemtAqenda
K8c Adams moved, seconded by K0c McKeown to approve the following Consent Agenda items. Vote:
Ayes — Geer, McKeown, Petrish, Pickett, Adams, and Richardson. Motion carried.
Aor)nzva\ofVouch ens/Canmel|abonofWarrants,
Council voted unanimously that the following vouchers/wamantm audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee onSeptnmbor 18, 2008. September25' 2OO8.and October 2. 2O08are approved for payment
asofthis date October G.2OO8.
Claims Warrants
Sep 2008: Warrant Numbers 47S14through 48160inthe total amount of$1.D36.477.85
EFT
Sep 2008: EFT 47Q12through 47913\nthe total amount of$579.0O
Pnawritten C|oinne
Oct 2008: Warrant Numbers 47SiUto47811inthe total amount of$7O5.3G
Pavro||Seotember19.2UO8inthe total amount uf$5UQ.785.21
Warrant Numbers 327G8through 32815inthe total amount of$47.53Q.18
Direct Deposit Numbers 27957through 28124inthe total amount of$281,S48.O3
EFT Numbers 8y8through SOOinthe total amount of$18O,518.U2
PaYro||October 3,2OU8inthe total amount of$782.743.GG
Warrant Numbers 32817through 3287Ointhe total amount of$55.685.O1
Direct Deposit Numbers 28125through 28317inthe total amount of$475.328.3Q
EFT Numbers 875through 8U5\nthe total amount of$251.728.5G
Cancelled Warrant
Warrant Number 4OQ71inthe total amount of$42.07
In the same motion Council:
OCTOBER G,2OO8-CONTINUED
Accepted the 2008 Street Overlay Improvement project 08-008-TRN-001>as complete; and
Adopted Resolution No. 1763 setting November 3, 2008 as the Public Hearing date for a petition to
vacate all of that certain alley in the center of Block 56, Map of the City of Anacortes (Chandler's Square).
PmblicHmarinci: 2009Budoet
Mayor Maxwell opened the Public Hearing to take public comment on the City's current expense budget
for the 2000calendar year.
Mr. Cliff Verhoeff, Snohomish Artist Guild, 4841 Spire Lane, Everett, worked with the Port of Anacortes to
present summer concerts at the Cap Sante Marina (the events are free to the public); [Nc Verhoeff
requested that the City consider funding $1,000 for the Guild to rent a tent that would support a banner
and protect the pedbnnany during next year's concert series. The project previously received grant
monies from the City's 296 fund for marketing purposes; also, Anaoudea business owners provided
financial support for these popular events.
Mr. Terry Christiansen, 3302 "K" Avenue, suggested this may not be the time to implement the I% regular
property tax levy increase; he encouraged the Council toimplement this and other savings measures until
some relief from the national financial crisis occurs. The Mayor thanked Mr. Christiansen for his
comments and for his extensive Budget work during his stint as a Councilman.
Mr. Steve Hng|und, Finance Director, clarified that the 2008 budget was $43.519,000 and the proposed
2009 Budget is at $45,263,000, an increase of $1.7 million within the utility funds. Mr. Hoglund explained
that those utility funds are enterprise funds and costs are recovered through user fees and are not
supported through taxes. The Mayor reported that needed upgrades to the Water Treatment Plant may
not occur until the bond market climate improves. There were no further comments and the Mayor
declared the Public Hearing closed.
Knorr Encroachment Permit AwpeaU
Mayor Maxwell reported a request was received this afternoon from Mr. Knorr's attorney asking that this
matter betabled for two weeks. The Mayor pointed out that this agenda item has been scheduled, with
sufficient notification, well in advance of this evening's meeting; he suggested postponing e daciaion, but
that background information and testimony could be taken. Mrs. Richardson disclosed that she owned
the Havenatein property a number of years ago. K8c Fred Buckennneyer, Public Works Dineotor, then
reported that: (1) In 2003. the Qty issued on Encroachment Agreement to Mr. Ed Knorr, 3004 West 1«m.
to use the right-of-way adjacent to his property to place landscaping; (2) In Sepbsnnberof2OO7 Mr. and
�Nma.Ronald Havenstain.38OGVVast12mSL. owners ofthe parcel tothe north, notified the City thatthey
intended to develop their property and would require access across the Kansas Avenue right-of-way;nnd
(3) In December of 2007 the City notified Mr. Knorr of this intent and requested he nannova his
landscaping materials. A number ofmeetings and communications followed in an attempt to encourage
compliance and todiscuss mcompromise. The most recent compromise proposal includes: 1O'ofthe
right-of-way would stay with Mr. Knorr. 10 feet would be used as m forestlands buffer; and the center 20'
would be used by the Havenoteinsosaccess totheir property. The Fine Department requires a2O'
000asa; also, this alignment takes advantage of an existing curb out in the cul-de-sac. This proposal is
supported bythe Parks Department and the Havenmtains. Staff recommends that the appeal bedenied.
Mr. Steve Nicol, with Youngquist & Betz, and attorney the Havensteins, pointed out the Havensteins were
notified by the City that they were an affected property owner relative to the encroachment agreement; in
a November 23, 2003 letter the City assured the Havensteins the encroachment would be removed when
they were ready to develop their property. As itis. they have had to delay their development plans for
over ayear. With that, Mrs. Richardson moved, seconded by Mr. Geer to table this matter for two weeks.
Vote: Ayes - McKeown, Pethsh.Pickett, Adams, Richardson, and Geer. Motion carried.
Contract Approval: DesiamPhase QGuemmes Channel Trail
Mayor Maxwell announced that due to the funding challenges experienced by Washington State Ferries,
the City will not pursue the Design Phase ||GuennasChannel Trail project (theGH|Pportion)atthiotime.
Declaration of2008 Surplus Vehicles
Mr. Fred 8unkennneyer, Director of Public VVorho, presented a list of City vehicles that have been
replaced, transferred nreliminated from the fleet. The listed vehicles were replaced with mcombination of
new vehicle purchases and transferred vehicles from other departments. Dvens||. the fleet has been
reduced by one vehicle and four pieces of equipment. Proceeds from the sale of the equipment will be
returned tothe Equipment Rental fund, With that, K8c Geer moved, seconded by K8c Adorna, to declare
the vehicles and equipment, called out in an October 6, 2008 Memorandum to the Mayor and City Council
from Fred Buohennunyer, as surplus. Vote: Ayes — Petr|sh. Pi:kett, Adams, Richardson, Geer, and
McKeown. Motion carried.
Contract Approval: Depot Roof Replacement
Mr. Gary Robinson, Director of Parks and Recreation, presented a request to Council for authorization to
award the Depot roofing contract. Bids were sought for roof replacement and other improvements related
horoofing (gutter replacement, soffit repair, etc.). One bid was received from EsmryRoofing. The existing
roof will be nap|ooed with a slate -look composition roof; the mnabaha(o will simulate the original roof look.
2208
OCTOBER 6, 2008 - CONTINUED
After discussion, Mr. McKeown moved, seconded by Mr. Geer, to authorize the Mayor to enter into a
contract with Esary Roofing in the amount of $95,180.40 including sales tax for the Depot roof repair
project. Vote: Ayes — Pickett, Adams, Richardson, Geer, McKeown, and Petrish. Motion carried.
At approximately 8:15 p.m. the Mayor and Council convened in Executive Session to discuss the
Sonnenberg and T -Mobile Litigation issues. At approximately 9:15 the Council reconvened and without
taking any further action adjourned the regularly scheduled meeting of October 6, 2008.
,J�i 40 -7,i
4 -.-
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Mayor
Councilmember
October 20, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of October 20, 2008 to order. Roll
call found present: Nick Petrish, Erica Pickett, Bill Turner, Cynthia Richardson, and Brian Geer. Absent:
Kevin McKeown and Brad Adams. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinqs
Mr. Geer moved, seconded by Mr. Petrish that the minutes of September 15, 2008 be approved as if
read. Vote: Ayes — Petrish, Pickett, Turner, Richardson, and Geer. Motion carried.
Citizen Hearinqs
No one present wished to testify on matters not on the agenda.
Mavor/Council Communication
Proclamation: Recoanizina National Guard and Reserve Volunteers
Mayor Maxwell read from a document proclaiming and pledging that: (1) employment will not be denied
because of services in the Guard or Reserve; (2) employee job and career opportunities will not be limited
or reduced because of service in the Guard and Reserve; (3) employees will be granted leaves of
absence for military service in the Guard and Reserve, consistent, with existing laws; (4) and this
agreement and its resultant policies will be made known throughout the City of Anacortes. The Mayor
then introduced Mrs. Shelly Pieflee; her husband, Adam, a City employee, is in the Reserve and will be
serving in Iraq. The Mayor and Council expressed appreciation for this family's deep commitment to
service and country.
The Mayor introduced Mr. Bob DeWald, of ESGR (Employer Support of The Guard and Reserve); ESGR
provides education, consultation, and mediation if necessary, for members of the Guard/Reserve and
employer groups. Mr. DeWald presented a Statement of Support for the Mayor's signature.
Appointment: Parks and Recreation Advisory Board
Mrs. Richardson moved, seconded by Mr. Geer to confirm the nomination of Sara Nichols to the Parks
and Recreation Advisory Board with a term that expires October 2009. The Council previously reviewed
Ms. Nichols' letter of interest; Ms. Nichols was personally involved in the rehabilitation of the Wilson Hotel
and the new playground at Storvik Park. Vote: Ayes — Pickett, Turner, Richardson, Geer, and Petrish.
Motion carried.
T -Mobile Uodate
Mayor Maxwell provided an update on the T -Mobile land use permit litigation and permit process. The
Mayor explained: (1) T -Mobile filed a lawsuit with the District Court challenging the City's Conditional Use
Permit decision and on May 6, 2008 the District Court issued its decision on the motions. (2) The City
appealed the District Court's decision to the Ninth Circuit. (3) The Ninth Circuit assigned the matter to its
mediation program, and stayed the appeal until either December 10, 2008 or such time as the Ninth
Circuit issued a new Sprint decision, which ever occurs first. (4) On September 11, 2008 the Ninth Circuit
issued its new decision in Sprint effectively lifting the stay of litigation on this case. (5) On September 25,
2008 the parties filed status reports with the Court. The Court issued an order indicating that a status
conference will be held October 22, 2008. (6) On September 25, 2008 T -Mobile filed an application for a
City of Anacortes building permit for the construction of the monopole. (7) The City filed a motion to stay
the District Court's May 6, 2008 and July 18, 2008 orders. (8) On October 15, 2008 the Ninth Circuit
grants appellants motion to stay the District Court's decision of May 6, 2008 and July 18, 2008 and the
Court, on its own motion expedites the briefing and hearing of the appeal. The party's briefs are due by
the end of December.
Forestlands Donation
Mayor Maxwell announced that the City of Anacortes is pleased to accept a generous donation from Bill
and Sally Turner of a recreational trail easement along the south slope of Mt. Erie. The easement will
OCTOBER 2O.2OOB-CONTINUED
improve the existing public access to the area and could lead to a future trail around the south side of the
mountain. Further, the Turners are working with the Skagit Land Trust to place approximately 16 acres of
their property bordering the Anonortee Community Forest Lands into conservation easement. This
easement would protect the land from timber hanxaoL earth moving, subdivision, motorized vehio|es, and
other uses that would threaten the nsdun3| habitat. The Turners and the Land Trust plan to complete this
transfer in the near future; through this effort an important ACFL will he provided. The City greatly
appreciates the Turner's gift which will benefit recreation and conservation efforts on Fida|go Island for
years to oonne. Mr. Turner hoped that this vvnu|d spur other property owners to participate in this
worthwhile program.
K8c Petheh received requests for the City to consider other names for the Guarnes Channel Trail; he
suggested that City maps clearly identify the Trail area as "Guemes Channel".
Knorr Appeal
Mr. Fred Buckenmeyer, Public Works Director, explained that this matter was previously before Council
on October 8^'; yNc Ed Knorr, 3804 \AAeet 1O^'' appealed the City's decision regarding his encroachment
agreement at that address. Mr. Knorr was asked to remove the improvements in the right-of-way
adjacent to his property in order to provide aouaso for the neighbors to the north. The City proposed o
revised agreement which is now before Council for consideration. On October 6th Mr. Knon'o attorney
asked to postpone decision for two weeks sothat he could make a presentation before Council. Mr.
Buckenrneyeriternized the extensive review package as well as the 2008 proposed compromise put
forward by the City— 10 feet as a forestlands buffer; 20 feet for access to the property to the north. and
1Ofeet toMr. Knorr tomaintain his landscaping. This proposal iasupported bythe Fire Department; staff
recommends that Council deny the appeal.
nm
K8r. Ed Knorr, 3GO4VVest 1. street, submitted supporting material bothe Council. K8c Knorr, a builder in
Anacortes for 30 years, shared portions of Ordinance # 2680 citing rights of way must be managed for the
safety and convenience of the public; also, adjacent property owners may make limited appropriate use of
the right ofways for landscaping enhancing the visual character of the city as well as providing the
necessary maintenance ofthese areas. Hathen shared encroachment agreement terms. Healso read
from 2001 correspondence from Gary Robinson. Parks Director outlining, in part. the City's policy on non-
invasive plants. Mr. Knorr asked to use the 10' adjacent to his property for his commercial property
plantings; he also requested that the Council table decision on this matter until a site visit could be made,
K8r. Steve Nicol, attorney with Youngquist & Betz, spoke on behalf of the Havensteins, property owners to
the north. K4c Nicol pointed out Mr. Knorr transplants the trees and shrubs from the encroachment area
to his commercial properties rather than using them to beautify the neighborhood. He nahsmsd to
paragraph 3 of the encroachment agreement whereby the applicant agreed to, at the City's requast,
narnova the said encroachment within e reasonable amount of time. The City has asked yWc Knorr to
remove the improvements aothat the Havenstein000n access their property. W1c Brad Fur|onQ, City
Atƒonney, discussed the statutes regarding the vacation of rights of way. He noted that permanent
encroachments are not o||ovved by law. A specific agreement was signed by Mr. Knorr to remove the
improvements. After discussion, Mr. Turner moved, seconded by Mrs. Pickett to deny the Knorr appeal,
and that the remaining 10' Knorr encroachment area not be used for commercial purposes. Vote: Ayes —
Turner, Richardson, Geer, Petrish.and Pickett. Motion carried.
ConsentAqonca
K8r. Petheh moved` seconded by Mrs. Pickett to approve the following Consent Agenda items, Vote:
Ayes — Richardson, Geer, Petrish, Pickett, and Turner. Motion carried.
Approval ofVouchers/Cancellation ofWarrants
Council voted unanimously that the following vouchers/warrants audited and certified by the Cdva
Auditing Officer (Finance Director) and subsequently reviewed and approved bythe Council Finance
Committee on October 9, 2008 and October 16, 2008 are approved for payment as of this date October
20,2008.
Claims Warrants
Oct 2008: Warrant Numbers 481O1.4818Gthrough 48374inthe total amount of$77Q.755.68
EFT
Oct 2008: EFT Number 48182through 481G5inthe total amount of$1.138.SO
PaYnoUOctober 2U.20O8inthe total amount of$4Sg.814.75
Warrant Numbers 32871through 32S13inthe total amount of$3Q.211.03
Direct Deposit Numbers 28318through 284BOinthe total amount of$283.77848
EFT Numbers SO8through 913inthe total amount of$176.825.24
Cancelled Warrant
Warrant Number 42429 in the total amount of$4O.00; Warrant Number 39460 in the total amount of
$8.00;and Warrant Number 4388Qinthe total amount of$5O.00
|nthe same motion Council:
Adopted Resolution No. 1766 entitled "4 Resolution Authorizing Execution of Tourism Promotion Fund
Contracts by and Between the City ofAnocodesand Fifteen Agencies for Eighteen Projects"; and
2
2210
OCTOBER 20, 2008 - CONTINUED
Accepted the Tri-State Construction Segments 5 and 6 Waterline Replacement Project (04-037-WTR-
005) as complete
Ordinance: 30th Street Vacation
City Attorney Brad Furlong asked that the Ordinance for the 30th Street Vacation be removed from the
Consent Agenda. Mr. Furlong asked that "...future and..." be deleted from Section 3 of the Ordinance
vacating a certain portion of 30th Street. With that correction, Mr. Turner moved, seconded by Mr. Geer to
adopt Ordinance No. 2790 entitled "An Ordinance Vacating a Certain Right -of -Way of Certain Portions of
the Northerly 10' of 30th Street Adjacent to Lots 11 through 18 of Block 5 of Whitney's First Addition to the
City of Anacortes, According to the Plat Thereof recorded in Volume 2 of Plats, Page 32, Records of
Skagit County, Washington situate in Skagit County Washington." Vote: Ayes — Geer, Petrish, Pickett,
Turner, and Richardson. Motion carried.
Ordinance: Adoption of Budqet, Salary Schedule
Resolution: Lew Rate
Steve Hoglund, Finance Director, presented an Ordinance adopting the 2009 Budget and Salary
Schedule together with a Resolution authorizing a property tax levy increase. Mr. Hoglund presented
overhead diagrams clarifying the property tax levy including millage rates for Skagit County cities; taxing
districts; general tax levy; and budgeted property tax funds. Mr. Hoglund corrected the Resolution to read
$39,704.43 (a percentage increase of one percent (1 %) from the previous year). Mayor Maxwell clarified
that a portion of the Parks Department budget represents the value of property that parks already owns;
also; he further clarified that the SHIP interpretive trail real estate excise money can only be used for the
impacts of growth experienced by our community. The budget is fiscally conservative and monitored
closely by the City Council and staff. With that, Mrs. Richardson moved, seconded by Mrs. Pickett to
adopt Resolution No. 1765 entitled "A Resolution of the City Council of the City of Anacortes, Setting the
City's Year 2009 Property Tax Regular Levy Increase" as amended, and Ordinance No. 2791 "An
Ordinance Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year
2009". Vote: Ayes — Petrish, Pickett, Turner, Richardson, and Geer. Motion carried.
Final Plat Approval: San Juan Passaqe
Mr. Don Measamer, Assistant Planning Director, presented a recommendation from the Planning
Commission and City staff for final plat approval for San Juan Passage Phase I. Mr. Turner asked if the
City can be assured that the trail will be developed through the bonding process. Mr. Measamer added
that the landscaping has been replaced when necessary and well maintained. With that, Mr. Geer
moved, seconded by Mrs. Richardson, to approve the San Juan Passage Phase I Final Plat. Mrs. Pickett
thanked the applicant for the series of amenities that will by appreciated by the community for many years
to come; Mrs. Richardson also commented on the public parks and services provided by this project.
Vote: Ayes — Pickett, Turner, Richardson, Geer, and Petrish. Motion carried.
There being no further business, at approximately 8:36 p.m. the regularly scheduled meeting of October
20, 2008 was adjourned.
A, d _0 71y�
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Mbyor
Councilmember
9
2211
November 3, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 3, 2008 to order. Roll
call found present: Kevin McKeown, 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 Meetinqs
Mr. Petrish moved, seconded by Mr. McKeown to approve the minutes of September 22, 2008 and
October 6, 2008 as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, and McKeown.
Motion carried.
Citizen Hearinqs
Mr. Bill Mitchell, 807 27th St., spoke with the Governor at a recent political function and presented her with
Enchantress memorabilia. Mr. Mitchell hoped that the community effort to save the Enchantress will be
carried on to protect the rich historical heritage of this area.
Mavor/Council Communication
Special Recoanition: John Curtis — Fireworks Displav
Mayor Maxwell shared that for the last 15 years, Mr. John Curtis has organized and facilitated the
outstanding 4th of July community fireworks display. The Mayor and Council presented a commemorative
plaque to Mr. Curtis with great appreciation for his tireless efforts to make the 4th of July a wonderful
experience for the entire community. Mr. Curtis said that his wife and sons were an integral part of the
program and accepted the plaque on their behalf.
The Mayor reported the Port/City liaison Committee will meet tomorrow morning at the Port office; a tour
of the Pier 1 project will follow the meeting.
Mr. Turner encouraged everyone to vote in this critical election.
Consent Aqenda
Mrs. Richardson moved, seconded by Mrs. Pickett to approve the following Consent Agenda item. Vote:
Ayes — Pickett, Adams, Turner, Richardson, McKeown, 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 October 23, 2008 and October 30, 2008 are approved for payment as of this date
November 3, 2008.
Claims Warrants
Oct 2008: Warrant Numbers 48377 through 48573 in the total amount of $673,558.80
EFT
Oct 2008: EFT Number 48376 in the total amount of $126.00
Prewritten Claims
Oct 2008: Warrant Number 48375 in the total amount of $7,499.98
Warrant Numbers 32768 through 32815 in the total amount of $47,539.16
Public Hearinq: Vacation of the Allev in Block 56, Map of Anacortes — Chandler's Square
Mayor Maxwell opened the Public Hearing on a Petition to Vacate a portion of the alley in Block 56, Map
of the City of Anacortes; the Petition was submitted by Security Investors, Inc. (Chandler's Square). Mr.
Don Measamer, Assistant Planning Director, presented an overhead showing the alley to be vacated
located between "N" and "O" Avenues and between the Chandler's Square facility and 12th Street. The
applicant proposes to construct a corridor across the alley to connect the existing building with a
proposed new structure on 12th Street. On September 11th, the Board of Adjustment held a Public
Hearing on this matter; no public comments were received and the Board voted to recommend approval
subject to an easement for an existing sanitary sewer line. Subsequent to the Hearing, a neighbor wrote
to the City asking that the alley be left open for pedestrian and vehicular traffic.
Mr. Fred Buckenmeyer, Public Works Director, reported on recent meetings with the applicant to discuss
the effects of the proposed vacation. Initially, the applicant intended to construct an at -grade enclosed
walkway. Staff suggested vacating a smaller area (width and length to be determined) followed by an
Encroachment Agreement along the remaining right-of-way to allow for landscaping or at -grade patios or
other improvements that would not impact the sewer line. If an agreement can be reached, staff would
bring back an Ordinance to Council specifying the exact nature and value of the vacation. Mrs. Pickett
asked about fire department concerns, and Mrs. Richardson asked if setback restrictions could affect the
decision.
Mr. Pete Kovach, Director of Chandler's Square, spoke on behalf of the owners. Chandler's Square is a
positive aging environment and Mr. Kovach asked for the Council's support. He said that the financial
2212
NOVEMBER 3, 2008 - CONTINUED
package for the new construction is tied to a connecting corridor component. Mr. Mark Christ, architect
for the project, discussed compliance with setback requirements and function of the walkway. There
were no further comments and the Mayor closed the public hearing. This matter will be brought back to
Council in two weeks; written comments will be taken.
Public Hearing: Citv of Anacortes Consolidated Plan: Action Plan Revision
Mayor Maxwell opened the Public Hearing to take comments on the City of Anacortes Consolidated Plan.
Mr. Ryan C. Larsen, Planning Director, explained the Public Hearing opens a 30 -day comment period for
the planning and approval process relative to the sidewalk ramp installation/2008 Action Plan
amendment. The comment period will end on December 8th; the Anacortes Shelter previously received
approval for approximately $147,000 through the CDBG program; this funding may need to be reallocated
absent a required NEPA document. The City is working with HUD to receive a waiver for the NEPA
determination thereby allowing the funding to be utilized for this project. If the waiver is not approved the
City will use the funds for ADA compliant sidewalk ramps throughout the City; this money has to be
expended prior to April 2, 2009. There were no further comments and the Mayor declared the Public
Hearing closed. Mr. Larsen said the City should have a response to the waiver request within the next 45
to 90 days.
Executive Session (15 minutes)
At approximately 8:00 p.m. the Mayor and Council convened in Executive Session to discuss the
Dickman Litigation matter. At approximately 8:15 p.m. the Council reconvened and without taking any
further action adjourned the regularly scheduled meeting of November 3, 2008.
Jk, 6 /4 1-4-11
Steven D. Hoglund, City Clerk -Treasurer H. Dean Maxwell, ayor
Councilmember
November 17, 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 17, 2008 to order. Roll
call found present: Kevin McKeown, 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 Meetinas
Mr. Geer moved, seconded by Mr. Petrish that the minutes of October 20, 2008 are approved as if read.
Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, and Geer. Abstain: McKeown. Motion
carried.
Citizen Hearinas
Representatives from the An -o -Chords thanked the City Council for a recent 2% Tourism Fund grant to
be used for advertising the annual Anacortes Salmon Barbeque, the oldest continuous tradition in the City
of Anacortes with activities spanning 56 years. In appreciation, the An -o -Chords sang a perfectly
harmonized "Ain't Misbehavin"'. At a recent fundraiser, the An -o -Chords raised $1,750 and gathered
1,000 pounds of food for the Anacortes Food Bank.
Mr. Dave Crawford, 5974 Campbell Lake Road, spoke on the proposed roundabout at Sharpe's Corner;
he was concerned that some changes to the project have not been publicly acknowledged. He spoke in
opposition to the grade level crossing; he said the proposed layout is not safe for bike riders.
Mr. Jack Curtis, 2504 Bryce Court, addressed excessive speeding at the Kingsway/Bryce Court area in
the Skyline development. Although the speed limit is 25 mph, Mr. Curtis expressed concern about lack of
sufficient signage; he suggested use of speed bumps and dips to provide additional deterrents. The
Mayor suggested that Mr. Curtis work with the Police Chief to advocate for improvements. Mr. McKeown
offered that signage and enforcement on Kingsway are a continuing challenge. The Mayor reiterated that
the speed limit in town, unless otherwise posted, is 25mph; if you notice a drive exceeding the limit get a
license number and call the information in to the police department.
Mavor/Council Communication
Proclamation: Boraen Proiect Awareness Dav
Mayor Maxwell proclaimed December 6, 2008 as "Borgen Project Awareness Day" in the City of
Anacortes. The Mayor and Council encouraged everyone in Anacortes to join to bring global poverty to
the forefront of the American people. The Borgen Project, a northwest non-profit organization, is a global
movement working to get poverty on the local and world agenda through public awareness and
community organizing campaigns.
2213
NOVEMBER 17, 2008 - CONTINUED
Ordinance: Allev Vacation — Chandler's Square
Mr. Fred Buckenmeyer, Public Works Director, introduced an Ordinance to Council for review and
adoption. If adopted, the Ordinance reflects action previously taken by Council to vacate certain portions
of the alley in Block 56 of the Plat of the Map of the City of Anacortes. The applicant is asking to vacate a
small portion of the alley to connect the two pieces of property and to allow for the construction of the
heated walkway that will connect the Chandler Square buildings. The Ordinance reflects the revised legal
description, compensation required, and easement language. A letter was received earlier in the day
and signed by a number of neighbors in the area opposing the vacation citing the loss of a pedestrian
corridor. As part of the building permit process, new sidewalks will be required and existing walkways will
be repaired and upgraded as part of the development thereby addressing the pedestrian walkway issue.
Discussion followed regarding the need for this type of facility in the community, and the potential
improvements permitted by an Encroachment Agreement. With that, Mr. Geer moved, seconded by Mrs.
Pickett to adopt Ordinance No. 2792 entitled "An Ordinance Vacating a Certain right -of -Way of Certain
Portions of that Particular Alley Located in Block 56 of the Plat of Map of the City of Anacortes Skagit
County, Washington." Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish.
Motion carried.
Consent Aqenda
Mr. Petrish moved, seconded by Mr. McKeown to approve the following Consent Agenda item. Vote:
Ayes — Adams, Turner, Richardson, Geer, McKeown, Petrish, and Pickett. Motion carried.
Ar mroval of Vouchers/Cancellation of Warrants,
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on November 6, 2008 and November 13, 2008 are approved for payment as of this date
November 17, 2008.
Claims Warrants
Nov 2008: Warrant Numbers 48578 through 48767 in the total amount of $471,040.03
EFT
Now 2008: EFT Number 48574 through 48577 in the total amount of $904.39
Pavroll October 20. 2008 in the total amount of $499 814.75
Warrant Numbers 32871 through 32913 in the total amount of $39,211.03
Direct Deposit Numbers 28318 through 28490 in the total amount of $283,778.48
EFT Numbers 906 through 913 in the total amount of $176,825.24
Contract Award: Commercial Avenue Roundabout Improvements
Mr. Eric Shjarback, Assistant City Engineer, presented a request for Council authorization to enter into a
contract for the design of the Commercial Avenue and State Route 20 Spur Roundabout. Currently, this
project is at an approximately 30% level of design and has a conceptual approval from WSDOT. The
scope of work and associated contract now before Council would take this project to a bid -ready level by
May, 2009. Mr. Turner asked if the center area could be used for a flag/sign/or beautification project.
Mr. Shjarback responded that the purpose of the roundabout is to make this a gateway to the City.
Discussion followed regarding sidewalk connections and alternative speed limits; Mrs. Richardson asked
staff to reconsider options. Mr. Adams said this project will provide great safety features and moved,
seconded by Mr. McKeown, to authorize the Mayor to enter into a contract with Reid Middleton for the
100% Design (PS&E) of the Commercial Avenue Roundabout in the amount of $197,155. Discussion
followed regarding the design intricacies of roundabouts and inclusion of pedestrian crossings. Vote:
Ayes — Richardson, Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
Closed Record Meetinq: Conditional Use Application — Duplex in the R 2 Zone — Richards -
Florida and West 2"° — Planninq Commission Recommendation and Appeal,
Mayor Maxwell initiated the Closed Record meeting for the Jonathan Richards Conditional Use
application to construct a duplex generally located at West 2nd and Florida Avenue in the R 2 Zone. The
Mayor noted the Richards rebuttal submission contained new information apart from the official record
and asked Council to disregard this material. Mr. Don Measamer, Assistant Planning Director, displayed
a site plan and vicinity map; the project site is 12,000 square feet situate in the R 2 Zone. As presented,
the project would comply with underlying zoning; the connecting structure meets the definition of "duplex".
The Planning Commission held a Public Hearing on this matter and recommended approval subject to
conditions; Findings of Fact, transcripts, and all exhibits were forwarded to the Council prior to this
evening's meeting. One appeal was filed.
Ms. Gaye Melendez, appellant, 3107 Oakes Avenue, said that the proposed structure is not a duplex but
two separate buildings on 6,000 square foot lots connected by a closet. Ms. Melendez referenced R 2
zoning restrictions and comprehensive plan goals and policies. Ms. Melendez also objected to the
phased construction approach; more structures like the proposed building would set a negative precedent
in the neighborhood. Wildlife corridors will also be impacted. The suggestion was made to construct a
traditional duplex with a common wall in order to meet all requirements. Mr. Edwin Melendez, 3107
Oakes Avenue, pointed out that the Planning Commission vote on this project was 4-3.
Mr. Jonathan Richards, 5601 Sugarloaf, offered the following: he is not attempting to divide his property
into two lots but will attempt to give the appearance of two separate structures; the project meets zoning
2214
NOVEMBER 17, 2008 - CONTINUED
requirements; structural issues will be dealt with at building permit stage; design will be compatible with
the character and appearance of the neighborhood; approval will not set a precedent; there are a limited
number of parcels in the area that could support multi -family; and the plans are a compromise designed
to incorporate neighborhood concerns. Mr. Richards would prefer the duplex over a permitted option — a
3 -story single family residence.
Discussion followed regarding Condition # 17 requiring each unit shall front on a separate street. Mrs.
Pickett asked if the proposed footprint will be reflected in the final design. Mr. Geer questioned if the
character of the neighborhood would be lost with this project; he suggested that any future conditional
permit applicants should work closely with the neighborhood. Mr. Brad Furlong, City Attorney, explained
that the project meets the code definition of duplex. With a few modifications, Mr. Turner offered that the
project could fit in with the existing neighborhood. Mrs. Richardson discussed design scenarios and
spoke in support of the project. Mr. McKeown said that, although the project meets the code, he could
understand neighborhood concerns. Mr. Petrish discussed his work on the Old Town character
preservation and spoke in favor of the appeal. Mr. Adams pointed out that the appellant did not speak
against duplexes, just against this particular configuration.
Mr. Furlong pointed out that Washington State courts indicate these decisions are to be made on an
objective basis; i.e., whether this fits within the criteria of the zoning code and comprehensive plan and
whether this project is consistent or not consistent by design. Further, there is no code prohibition in the
code to phasing a project. On a question from Council, Mr. Richards said the building will be less than 27
feet in height. After further discussion, Mr. Turner moved, seconded by Mrs. Richardson to deny the
appeal and to approve the Richardson Conditional Use Permit subject to the Planning Director's Findings
of Fact and Conclusions of Law with the following modification to Condition # 17: "Each unit shall front on
a separate street and final site plan shall be reviewed by the City Council." Vote: Ayes — Geer, Pickett,
Adams, Turner, and Richardson. No — McKeown, Petrish. Motion carried.
Closed Record Meetinq: Conditional Use Application — Condos in the CM Zone — 9th Street and.
"R" Avenue — Homestar NW — Planning Commission Recommendation and Appeal
Mayor Maxwell initiated the Closed Record meeting for the Homestar NW Conditional Use application for
the development of 14 residential condominium units generally located at 9th Street and "Q" Avenue.
Don Measamer, Assistant Planning Director, explained that the conditional use application is for 14 condo
units and small retail space on lower floor on approximately 53,858 square feet; Building # 4 will hold the
retail space. The Planning Commission held a Public Hearing on this matter and voted to deny the
project based on their concerns relative to the Comprehensive Plan. One appeal was filed. All
transcripts, exhibits, and findings were forwarded to Council prior to this evening's meeting. The
associated Shoreline permit was also denied by the Planning Commission, although the applicant could
withdraw the application and reapply.
Mr. Tim Wiersma, Homestar NW, LLC, Lynden, appellant, summarized Homestar's appeal; they are
requesting the Council remand the application back to the Planning Commission, where Homestar could
effectively demonstrate the ability to provide a project that will satisfy the Commission's concerns. On
further analysis, Mr. Wiersma said adequate changes can be made to the site layout and building designs
to comply with additional commercial space. Further compliance with the Comprehensive Plan will also
be addressed. Through the years Homestar has worked with City staff to develop a proposal that will be
the right fit for the community. Council members were encouraged to forward any issues thus far with the
project to the Planning Director. After discussion, Mr. McKeown moved, seconded by Mr. Geer, that the
Conditional Use application be remanded to the Planning Commission. Vote: McKeown, Petrish, Pickett,
Adams, Turner, Richardson, and Geer. Motion carried.
!V
J_,-,7YL44,--
Stev/b�glund, City Clerk -Treasurer H. Dean Maxwell, Mayor
Councilmember
December 1,2W08
At 7:30 p.m. Mayor K8axvveU oe||ed the regularly scheduled meeting ofDecember 8. 2O08toorder. Roll
call found present: Kevin KAcKaovvn, Nick Pothsh, Erica Pickett' Brad Adams, and Cynthia Richardson.
Absent Bill Turner and Brian Geer. Roll call was followed bvthe Pledge ofAllegiance.
Minutes mfPrevious M8metkncis
Mr. Richardson nnovad, seconded by Mr. McKeown to approve the minutes ofNovember 3. 2008 as if
read. ([)n page 2. CEBD was changed to nsod [DBG.) Vote: Ayes — Pethsh. Pickeb, Adams,
Richardson, and McKeown. Motion carried.
CitizemHearinos
Nocitizens present wished bJtestify onmatters not onthe agenda.
K0avor/Comnoil Communication
The Port/City Liaison Committee meeting will meet on December 2, 2008 at 8:30 a.m. in the Mayor's
office,
Pride inService Awards
Mayor Maxwell announced that Mr. Adams will receive a 5 year Pride in Service Award and Mr. McKeown
will receive his 5 year Award.
A000inbnenbs/Reoouoinbnente
Richardson rnoved, seconded by Mr. Petrimh, to appoint and reappoint the following citizens to various
volunteer boards. The Mayor and Council thanked all the following appointees for their dedication to the
community. Vote: Ayes — Pickett, Adams, Richardson, McKeown, and Pethah. Motion carried.
Reappointment: Forest Advisory Board—McMarty Laumbattu
Reappointment: An000rtesParkoondRenreationBoand—KAcDougCo|glazier
Reappointment: Museum & History Advisory Board — Mr. Gibb Moore
Appointments: AnecorteeHistoric Preservation Board —Ms. Susan Fahey and Mr. Robert
Harrison
Appointment: AnoonrtasArts Commission — Ms. Courtney (]nock
ComsemtAqenda
yWc Petrish moved, seconded by K8c McKeown to approve the following Consent Agenda items. Vote:
Avoa—Adanos. Richardson, K8nKeovvn. Pethsh' and Pickett. Motion carried.
AoPrnma|ofVouchers/Cancellation ofWarrants
Counoil voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on November 20, 2008 and November 26, 2008 are approved for payment as of this date
December 1.2OO8.
Claims Warrants
Nov 2008: Warrant Numbers 4B77Othrough 48837inthe total amount of$363.783.O4
BT
Nov 2008: EFT Number 48788through 4O709inthe total amount of$78.4O
PoVroUfor November 2O.2OO8inthe total amount of$4QG.GSO.GG
Warrant Numbers 32SG7through 33UO8inthe total amount Vf$4O'524.51
Direct Deposit Numbers 28683 through 28850 in the total amount of $280,236.20
EFT Numbers Q1Sthrough S24inthe total amount of$175,02S.05
Cancellation ofWarrant
Warrant Number 4OG7Binthe total amount uf$21G.OD
>nthe same motion Council:
Approved the following Street Fair Applications: (1) the Lions Club Christmas Parade on 8oturday.
December 6, 2008 from 10:30 a.m. to 12:30 p.m.; and (2) the Christmas Tnaa Lighting ceremony on
December 5.2OO8from O:OOp.m.to7:0Op.m. Staff recommended approval ofboth applications subject
tothe submitted plans.
Approval ofContract Modification for Flounder Bav Drmdqinq Pnoieot
Mr. Fred Buckennneyer, Public Works Dinontor, presented o modification to an existing contract with HDR
for the Flounder Bay Dredging Project — Phaae ||. Mr. BUcken[neyereaid it was decided to increase the
depth of dredging to batter utilize the dredging equipment and to extend the life of the project. A nnCk
shelf atthe entrance to the harbor may affect dredging plans; this feature Deeds to be studied and
mapped. This modification also includes evnB sediment sampling and analysis. With that, Mrs. Pickett
nlnvad, seconded by Mrs. Richandaon, to authorize the Mayor to approve the HDR contract amendment
toincrease the scope and associated costs inonegotiated amount not hoexceed $43.O27. Vote: Ayes —
Richardson, McKeown, Potrish.Pickett, and Adams. Motion carried.
MWO
DECEMBER 1'20OO-CONTINUED
Pob|ioHaahnq: Dave|mpmmentRmau|atioos
Mayor Maxwell opened the Public Hearing to take comments only on the proposed changes to Chapter
17 — Zoning of the Anacodes Municipal Code. Mr. Ryan Larsen. Director of P|anning. Community, and
Economic Devo\opmant, reported over the last years City Council, staff. Planning Commission and the
Council Planning Subcommittee have undertaken amendments to the Development Regulations via
oppnzxirnota|y 30 meetings with the Council and Commission and G meetings of the Council
Subcommittee. The proposed changes range from minor clerical corrections to policy changes. Mr.
Larsen provided Council with a summary of all proposed changes together with a draft Ordinance that will
beconsidered otthe December 15 mnneeting. The purpoeeofthe Hearing vviUbatotake public comment
and to discuss 10 items outlined in a November 25m memorandum from Mr. Ryan to Council. The
Council already approved Section 1T.2G—Old Town Overlay District and noadditional action ierequired.
A November 29, 2008 letter from Kirk Kennedy, 4610 Hickory Drive, was distributed to Council and added
as an exhibit. Mr. Larsen then turned to ''Exhibit 3" outlining clarifications to Chapter 17.10.100 (D)
adding language regarding boundary line adjustments relative to private roads; Chapter 17.22.120 (D)
creating a new T"; 17.46.020 clarifying required parking spaces; and 17.56.010 including changes
recommended byCTEDregarding zoning ofannexed land.
Mr. Don Yonkany, 2033 "L" Axonue, spoke against allowing buildings of 40-50,000 square feet; he cited
traffic congestion and loss nflocal businesses. Hereferred toprevious studies supporting his position.
Mr. Randy Burgesa, owner of Ace Hardware, 1720 ^O" avenue, said Ace is |oonUy owned and operated
and will annn celebrate its 30m anniversary. He stated that there are 28 full time employees; Ace has
reinvested in this community in countless ways over the last 30 years. Mr. Burgess asked the Council to
consider what would be lost if big box stores one allowed including reduced staff and inventory at his
store.
Ms. Virginia Heiner. 804 "K" Avenue, spoke against allowing big box stores in Anoonrtea. She is opposed
toany non-commercial marine uses in[|K8zones.
Mr. Andy Rothmnan, 316 5m street, spoke against paving the way for big box stores. He referenced
marine oriented Comprehensive Plan goals and policies. He asked Council not to disturb the City's
existing vibrant retail core.
Ms. Arlene French, 1411 8m Streat, supported previous comments and asked Council to continue support
ofmaritime activity.
Mr. Bob Hyde, Director of the Port ofAnecndes. referred to marina parking requiring invvntar businesses
to have their own parking; Mr. Hyde characterized this requirement as unduly restrictive aopocim||y in this
economic climate.
Mr. Terry Christiansen, 3302 ^K. Avenu8, contributed significant input to the revised zoning code now
before Council; his proposals centered on developing the Code to be used as efinoncia| planning tool.
He asked Council to consider jobs on o regional basis; to set limits on how much of CM zone could be
used for housing; to allow for increased populations in the high density areas; and to consider K8JB
property as an economic key to the future of the community. Mr. Christiansen appreciated the Council's
efforts.
Ms. Florence Lovhn, 3022 Oakes Avenue, has owned a marina and ship yard on Oakes Avenue since
1965. Her property is zoned LM and would like to see her property zoned for multiple uses including
residential. The Mayor suggested that Ms. Lovhc meet with the Planning Director to discuss the zoning
process.
Mr. Ne|gStrandberg, 45U4Sea Otter Lane, asked for clarification regarding multi -family and condos in
the LK8zone.
Ms. BoshaK8onmie,1O187 St.spoke against allowing big box stores.
Mr. Heikn Miles, 4719 Woodside Drive, with the current economic climate relying on many small
businesses and if box store is o)|ovved keep it small. He suggested that an economic study could help
illuminate the impact ofsuch adevelopment.
Char|osStavig.11141Ometraet.spokangainstthe25'heightnastriotionintheovedaycone.
The Council than discussed language changes and Mrs. Pickett asked if the Fida|gn Bay Resort will
become a non -conforming use if RV Parks are deleted from the CM Zone language. Council discussed,
and agreed, toleave RVParks aeoconditional use inthe CW1Zone. With regard tolimiting residences in
the CM zone to 2596 of the land (at Ship Harbor and on Fido\Qn Boy Road) Mrs. Pickett ask how the 25%
will becomputed? Mr. Adams pointed out that CM housing proposals would come to Council through the
Conditional Use process. Council discussed, and agreed, toaddress this issue in2OOA.
Council then reviewed 1Ooutstanding issues. (1) Review language regarding goals for retail use/sales in
CM 1 Zone. Also review deletion of 1722.120(D)(4)(c). Council disuueeod, and agreed to address this
2217
DECEMBER 1, 2008 - CONTINUED
issue in 2009. (2) Chapter 17.30.010 (R4A) Maximum Density. Review definition added to Maximum
Density and also Maximum Density clarification. Council approved clarification. Note: The City Council
Planning subcommittee recommends tabling rezone changes to the R4A and R4B until 2009. (3)
Chapter 17.08.020 Building Permits (Administration). Review lot frontage and access requirement for
lots. Council approved proposed language. (4) Chapter 17.15.040 HM Zone Conditional Uses. Review
height limit for structures in the HM zone requiring a conditional use permit. Council agreed to strike
proposed change. (5) Chapter 17.17.090 MS Zone Maximum Building Height. New addition for
temporary structures and height limitation for these uses. Council agreed to include new language
regarding temporary equipment. (6) Chapter 17.20.xxx CBD — Commercial Avenue Street Frontage.
New section which limits access to Commercial Avenue to specific uses. Council agrees to new section.
(7) Chapter 17.21.040 CM Zone Conditional Uses. Added language to clarify percentage of land utilized
for single family homes. Council will re-evaluate this section in the 2009 amendment process. (8)
Chapter 17.21.050 CM Zone Minimum Lot Size. City Council Planning subcommittee recommends
leaving language as is. (9) Chapter 17.46.020 Parking. Review and discuss "When a use is
established...." for parking. Council approved section for additional uses. Combined parking was
discussed with regard to marinas. Council agreed to add new section. (10) Chapter 17.46.030 Parking.
Section now requires City Council to establish a fee for parking spaces "in lieu payments" for parking.
Council agreed to additional language.
There were no further comments and the Mayor continued the Public Hearing to the evening of
December 15, 2008. Written comments will be accepted through December 15, 2008.
At approximately 9:00 p.m. Mayor Maxwell continued the regularly scheduled meeting of December 1,
2008 to Monday, December 8, 2008 for the purpose of: CDBG — Close Public Comment Period and
Approve Revised Action Plan.
Stevenb. Hoglund, City Clerk -Treasurer H. Dean Maxwell, Noyor
i
:Z1 A rA
Councilmem er
December 8. 2008 - Continued Meeting of December 1. 2008
Mayor Maxwell called the continued meeting of December 1, 2008 to order at 7:30 p.m. Roll call found
present: Kevin McKeown, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson, and
Brian Geer.
2008 CDBG Revised Action Plan Approval
Mr. Ryan C. Larsen, Planning Director, opened the continued meeting of the 2008 CDBG Revised Action
Plan. Mr. Larsen explained the Public Hearing opened on November 3, 2008 which began a 30 -day
comment period for the planning and approval process relative to the sidewalk ramp installation/2008
Action Plan amendment. The comment period ended at 5 p.m. on December 8, 2008. The City did not
receive any comments from the public during the comment period the Mayor declared the Public Hearing
closed and recommended the 2008 Revised Action Plan be forwarded to HUD for approval.
Mr. Adams made a motion to approve the 2008 Revised Action Plan and the motion was seconded by
Mrs. Richardson. The 2008 CDBG Revised Action Plan was approved unanimously.
The continued meeting was concluded at approximately 7:40 p.m. and the regularly scheduled City
Council Study Session commenced with the following presentations:
Chamber of Commerce Presentation 2% Hotel/Motel Expenditure Recap
NWCSI Presentation "Built Green"
Public Works Excellence in Infrastructure Awards
4. Public Works Briefing
"A, A A/ -V -Yn" 4�/�
Steven b. Hoglund, City Clerk -Treasurer, H. Dean Maxwell, Mwor J
Councilmember
•
December 15 2008
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of December 15, 2008 to order. Roll
call found present: Kevin McKeown, 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 Meetinqs
Mrs. Richardson added corrections: "6,000 sq ft lots" on page 2, and pFeGedeRGe precedent on page 3.
With those corrections, Mrs. Richardson moved, seconded by Mr. McKeown, to approve the minutes of
November 17, 2008. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown.
Motion carried.
Citizen Hearinqs
No citizens present wished to testify on matters not on the agenda.
Mavor/Council Communication
The Mayor thanked everyone for their continued patience during this severe storm system. The City
crews will be adding rock salt to street sanding to cut through the thick layers of ice on the roads. The
Mayor and Council thanked everyone for their continued patience during this severe storm system. Both
Mr. Petrish and Mr. Turner remarked on the severity of this snow/ice storm.
Appointments/Reappointments
Mr. McKeown moved, seconded by Mr. Geer, to confirm the reappointment of Stuart Janke to the
Planning Commission. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish.
Motion carried.
Mr. Adams moved, seconded by Mr. McKeown, to confirm the appointment of Nancy Mathews to the
Museum Advisory Board. Vote: Ayes — Adams, Turner, Richardson, Geer, McKeown, Petrish, and
Pickett. Motion carried.
Mrs. Pickett moved, seconded by Mr. Adams, to confirm the reappointments of George Mehler, Ken
Wilson, and Charles Bourbeau to the Board of Adjustment. Although no time limits are imposed on this
volunteer effort, Mrs. Richardson raised concerns over the length of Mr. Mehler's term of service on the
Board. Mrs. Pickett Vote: Ayes — Turner, Geer, McKeown, Petrish, Pickett, and Adams. No —
Richardson. Motion carried.
Councilman Petrish referenced a recent Seattle Times article devoted to City of Anacortes Washington
Park wintertime amenities. The Mayor added that Washington Park camping revenues are up this year
over 2007 totals.
Mrs. Pickett congratulated the Port of Anacortes for winning the "Port of the Year" award.
Public Hearinq: Adoption of Development Requlations: Ordinance
The Mayor opened the Public Hearing to take comments regarding the acceptance of the Title 17
Development Regulation amendments/2008; this is the last Public Hearing for the proposed
amendments. Mr. Ryan Larsen, Planning Director, referenced two attachments distributed to Council
prior to this Hearing: 1) Proposed Ordinance (corrections made by Council on December 15t are included
in this document), and 2) additional written comments regarding the proposed zoning changes including
two letters received after 5:00 on December 15th. The 60 -day CTED comment period is up and no
additional comments were received. The Council also received a memo regarding Section 17.22 (CM 1)
including alternative language recommended by the Council Planning subcommittee. By way of
background, Mr. Larsen listed local store sizes: Safeway — 48,517 sq ft.; Rite Aid - 16,214 sq ft; the
Market — 46,000 sq ft; Target in Burlington - 87,000 sq ft; Home Depot - 114,000 sq ft; and Costco -
148,000 sq ft. The Sub -committee suggested making changes to the overall maximum retail area.
Mr. Art Shotwell, 1910 Cedar Springs Lane, asked about the availability of hearing materials. Mr. Al
Johnson, 1201 4th Street, representing the Downtown Plan Association, asked Council to reject 17.20.090
regarding raising residential building height to 50' in the CBD Zone. This amendment would be a major
departure from the long term City policies; impacts from this change transportation, parking, livability,
historic preservation, preserving retail base, and token retail. Mr. Johnson recommended the
development of an Old Town Master Plan before any changes are made to this zoning scheme. There
were no further comments and the Mayor declared the Public Hearing closed.
Mrs. Pickett pointed out a typo on page 71, Chapter 17.21, regarding parking lot entrances. Mrs.
Richardson reported on the subcommittee findings relative to alternatives for retail in the CM Zone. It
was also suggested that in 2009 further analysis will be done on all commercial zones that allow retail.
Mrs. Pickett discussed the use of a checklist to determine if a proposal meets specific conditional use
criteria. Mr. McKeown spoke in favor of encouraging downtown residential use and developing design
standards. Mr. Geer pointed out that a significant part of the community has to leave the area to shop for
essential goods. Mr. Adams pointed out that these amendments have been extensively reviewed by the
Planning Commission and the Council Planning sub -committee; Mr. Adams wanted assurance that the
conditional use procedures will use public opinion as part of decision making process. Mr. Turner wanted
to send a signal that the community deserves retail choices, and that the City will keep moving forward
2219
�s
DECEMBER 12, 2008 - CONTINUED
with developing the means to do so. Mr. Petrish shared his vision for a retail project. Mrs. Richardson
reiterated that the Council has worked for two years to develop the revised zoning code now before
Council and recommended moving forward on the zoning changes with certain exceptions. Mr. Brad
Furlong, City Attorney, advocated looking at developing design options and various incentives within a
project, and putting together a system of regulations that is predictable and understandable; land use
decisions must be based on solid criteria.
After discussion, Mrs. Richardson moved (1) to accept the zoning amendments now before Council
exce t: delete the proposed amendment to 17.21.040 (B) relative to 25% area within the zone; delete the
proposed amendment to 17.22.120 relative to the 50,000 square foot cap; and except: no change to
items "C" and "D" in Section 17.22.120 relative to square foot cap and conditional uses; and (2) to adopt
Ordinance No. 2794 entitled "An Ordinance of the City of Anacortes, Washington, Amending Title 17 of
the Anacortes Municipal Code entitled "Zoning", Adding a New Chapter 17.27 entitled "Old Town Overlay
District", and Repealing Ordinance 2776 entitled "An Ordinance Adopting Interim Zoning Prohibiting
Multifamily Units in the R 3 Zone, North of 12th, East of "D" Avenue, and West of Commercial Avenue
During Calendar Year 2008". Mrs. Pickett seconded the motion. Discussion followed regarding design
standards, downtown density, and parking issues. Vote: Ayes — Geer, McKeown, Petrish, Pickett,
Adams, Turner, and Richardson. Motion carried.
Consent Aqenda
Mr. Turner moved, seconded by Mr. Geer to approve the following Consent Agenda items. Vote: Ayes —
McKeown, Petrish, Pickett, Adams, Turner, Richardson, and Geer. Motion carried.
Approval of Vouchers/Cancellation of Warrants.
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on December 4, 2008 and December 11, 2008 are approved for payment as of this date
December 15, 2008.
Claims Warrants
Dec 2008: Warrant Numbers 48943 through 49130 in the total amount of $669,390.76
EFT
Dec 2008: EFT Number 48938 through 48942 in the total amount of $1,719.38
Pavroll for December 5, 2008 in the total amount of $802,678.83,
Warrant Numbers 33010 through 33060 in the total amount of $54,285.59
Direct Deposit Numbers 38853 through 29042 in the total amount of $347,843.42
EFT Numbers 921 through 929 in the total amount of $400,549.82
In the same motion Council:
Accepted the 2008 Commercial Business District Sidewalk Replacement project as complete; the
contractor was Schwetz Construction.
Ordinance: Year End Budqet Amendment
Mr. Steve Hoglund, Finance Director, presented an Ordinance to Council for review and adoption. If
adopted, the Ordinance would amend the 2008 Budget in various funds. Mr. Hoglund reported that
higher fuel costs, unforeseen expenditures in the Parks Department, and overtime and regular pay cost
issues in the Ambulance Fund attributed to the necessary adjustments to existing appropriations. After
discussion, Mr. Geer moved, seconded by Mr. Adams, to adopt Ordinance No. 2793 entitled "An
Ordinance Amending Ordinance No. 2771 Adopted on November 19th of 2007, entitled An Ordinance
Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year 2008." Vote:
Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Historic Preservation Board Presentation:
Mayor Maxwell introduced Ms. Susan Rooks of the Anacortes Historic Preservation Board. Ms. Rooks
asked the Council to consider adding two properties to the City of Anacortes Register of Historic Places:
(1) the Judge Jacob and Nancy Lowman House at 1502 8th Street; and (2) the Charles and Anna Belle
Judd house at 1719 9th Street. These properties meet essential criteria for designation to the Register:
they are exceptionally well preserved; architecturally distinctive; and are associated with significant
individuals in local history. Further, Ms. Rooks said these are the first private homes to be nominated to
the Register; the current owners of these properties have sought this designation. Photographs of the
homes are available online. With that, Mr. Geer moved, seconded by Mrs. Richardson, to approve the
addition of the properties at 1502 8th Street and 1719 9th Street to the Anacortes Register of Historic
Places. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. Motion carried.
2220
DECEMBER 1,2; 2008 - CONTINUED
At approximately 9:00 p.m. Mayor Maxwell continued the regularly scheduled meeting of December 15,
2008 to Monday, December 22, 2008 for the purpose of conducting an Executive Session (15 minutes) to
consider the Teamster Bargaining Agreement. The regularly scheduled Study Session will reconvene at
approximately 7:45 p.m.
Hoglund,,Ae)14_Q _71 �1, Cit Clerk -Treasurer H. Dean Maxwell, Mayor
Steven D. y
ouncilmember
January 5, 2009
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of January 5, 2009 to order. Roll call
found present: Kevin McKeown, 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 Meetinqs
The Mayor corrected the minutes of December 1, 2008: "Mr. McKeown will receive his 5 -year Pride in
Service Award." With that correction, Mr. Geer moved, seconded by Mr. Petrish to approve the minutes
of December 1, 2008 and December 8, 2008. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson,
Geer, and McKeown. Motion carried.
Citizen Hearinqs
No citizens present wished to testify on matters not on the agenda. (See Mayor/Council communication
below*)
Mavor/Council Communication
Mavor's Award of Merit — Mary Ellen Husbv and Mike Laffertv
Mayor Maxwell highlighted special action taken by employees Mary Ellen Husby and Mike Lafferty.
Through their cooperative effort to take the extra step to help a fellow citizen, an elderly utility customer
received needed social services. In recognition of their action and concern, their names will be added to
the commemorative plaque that hangs in City Hall; the award of merit also includes a gift certificate to a
local restaurant. The Mayor and Council thanked Ms. Husby and Mr. Lafferty to a standing ovation from
the audience.
Proclamation: "Aktion Club" — Presentation on Comouter Recvclino Prooram
The Mayor introduced Mr. Eric Johnson of the Anacortes Kiwanis Club. Mr. Johnson announced that the
newest branch of the Kiwanis, the Anacortes Aktion Club, is for adults over 18 years of age living with
disabilities. Mr. Johnson then introduced Anthony Gegen, President; Laurie Mueller, Vice President;
Sonja Erlandson, Treasurer; and Board Members Brooks Kent, Austin Schaefer, and Ole Sundberg. The
first Club project is a free collection point for safely recycling computers, monitors, and televisions. The
collection site at 418 30th Street is an official drop-off point for the E -Cycle Washington program.
Collection times are 10:00a.m. to 2:00 on the 2nd and 4th Saturday of each month.
The Mayor then proclaimed January 10, 2009 as Anacortes Aktion Club Day in the City of Anacortes in
recognition of the first day of their free recycling program; the Mayor urged all citizens to utilize this
valuable service project. The Proclamation was followed by a group photo and a standing ovation.
The Mayor announced the Port/City Liaison Committee will meet tomorrow morning at 8:30 a.m. at the
Port of Anacortes offices.
Mr. Fred Buckenmeyer, Public Works Director, addressed the recent weather system, actions taken by
the City during the storms, and proposed future action. This unusual event was characterized by
prolonged cold temperatures that set in before the snow fell. Mr. Buckenmeyer explained that snow
compacts once tires hit snow on top of frozen pavement, making it extremely difficult to clear. Mr.
Buckenmeyer then described: the City's existing equipment; commented on the outstanding cooperation
of City departments; remarked on the number of calls from citizens offering assistance; delayed water
shut -offs; received 400 calls at Maintenance and Operation; and utilized two round the clock crews on
Christmas Day. Mr. Buckenmeyer then addressed citizen concerns. He reported the City used over 800
tons of sand and salt, and storm maintenance costs rose to $31,450 with labor and materials needed in
response to the storm. In the future, the City will follow the sanding priority route schedule; the sanding
route map is online. Potential future action could include the purchase of a new snow plow; earlier
incorporation of salt in to sand mixture; assistance from the Park Department to maintain public parking
lots and driveway callouts; use of on-call contractor for snow removal; and WSDOT Highway 20 storm
maintenance coordination.
Mr. McKeown remarked on the positive community aspects of use of the Health Club by members of the
Fire Department.