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HomeMy WebLinkAbout2005 City Council Minutes1897 January 3, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of January 3, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson moved, seconded by Mr. Sizemore to approve the minutes of December 20, 2004 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Mr. Christiansen abstained. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. .Mayor/Council Communication, The Mayor announced that the Orchards PUD/Decision will be brought back before Council on Tuesday, the 18th of January. Additionally, the Moen Appeal of the City of Anacortes Improvement Board decision will also be placed on the January 18th agenda. Sadly, Mayor Maxwell announced the passing of former Mayor Doyle Geer. This past week the City's flags have flown at half-mast in his honor. Mayor Geer will best be remembered for his contributions to the development of a vibrant and active Sister Cities organization. Condolences were offered to his family and friends. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda item. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 23, 2004 and December 30, 2004 for payment as of this date January 3, 2005. Claims Warrants for the months of December Warrant Numbers 29743 through 29859 in the total amount of $700,221.17 Prewritten Warrants for the months of December Warrant Numbers 29740, 29741, and 29742 in the total amount of $224.53 In the same motion Council: Accepted the 2004 Sanitary Sewer Replacement construction project (04 -014 -SEW -002) as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed any retainage now held by the City will be released to the contractor, TriCo Contracting Inc.; Accepted the 2004 Small Diameter Waterline Replacement project as complete thereby initiating the mandatory 30 -day lien period. All of the work passed required tests and is in full service. If no valid liens are filed any retainage now held by the City will be released to the contractor, TriCo Contracting, Inc.; Accepted the 2004 Street Overlay construction project (04-046-TRN-001) as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed any retainage now held by the City will be released to the contractor, Lakeside Industries; and Accepted the 2004 Commercial Business District Sidewalk Replacement project as complete. Sidewalks between 4th and 5th Streets were replaced. Acceptance initiates the mandatory 30 - day lien period; if no valid liens are filed any retainage now held by the City will be released to the contractor, Island Construction Site and Utilities, Inc. Resolution: Apprentice Traininq Requirements Mayor Maxwell presented an Ordinance to Council for review and adoption. If adopted the Ordinance would establish apprentice training requirements for the City's construction contracts of $1 million or more. Mr. Ian Munce, City Attorney, explained that this proposed legislation has been initiated by the trade unions around the state to ensure that skilled apprentices are available for large construction projects. The Ordinance would ensure that properly recognized apprentices perform 15% of the total project hours on the larger contracts. This process is designed as a 3 -year pilot program; the Ordinance can be revisited during that time for any necessary revisions or for cancellation. Mrs. Richardson asked for statistics on past City projects that would have been eligible for this program. Mr. Bob Hyde, Director of Public Works, reported that most of our large contracts are waterline replacements. Mr. Christiansen pointed • 4 • January 3, 2005 -- continued out the need for clarification on Section 1., Item 2. Discussion followed regarding program details. It was decided that this Ordinance would be brought back at a later date for study and discussion. Ordinance: Citv Council Powers Mayor Maxwell introduced an Ordinance to Council for review and adoption. If adopted the Ordinance would spell out the duties and responsibilities of the Mayor, City Departments, City Boards, and City Council. The new Municipal Code Section 2.03 (RCW 35A.11) describes the powers vested in legislative bodies of non -charter and charter code cities. With that, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2685 entitled "An Ordinance of City Council Powers". Vote: Ayes — Adams, Christiansen, Rock, Hoboy, Petrish, and Sizemore. (Mrs. Richardson left the Council Chambers.) Motion carried. Approval to Award D -Tech Installation of Fire & Security System at WT Preston Interpretative Center Mr. Bob Hyde, Director of Public Works, presented the Council with a construction update on the on the W.T. Preston Heritage Interpretive Center. Almost 40% complete, construction completion is slated for mid-February. Mr. Hyde also reviewed the project funding sources; proposed contract amount after all change orders is $477.171.18. Mr. Russ Pittis, Facilities Manager, then presented a request for Council approval to accept the installation of Fire and Security systems in the Preston Interpretive Center. Staff recommends that D -Tech be awarded the contract in the amount of $5,705.75 to install the fire and security system using smoke beam detectors. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to award the Fire and Security Systems installation at the W.T. Preston Heritage Interpretive Center to D -Tech Burglar & Fire Alarm Systems & Services, Bellingham, in the amount of $5,705.75. Vote: Ayes — Christiansen, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. There being no further business at approximately 8:30 p.m. the Mayor continued the meeting to. Monday, January 10, 2005 at 7:00 p.m. in order to conduct an Executive Session regarding the non-commissioned Police Bargaining Agreement. /� I O�, d saL P a944 4,1 `-�.. Wan'da P. Johnson, City Jerk- reasurer H. dean Maxwell, May6r City Cound member • January 10, 2005 -- Continued from January 3, 2005 At 7:00 p.m. Mayor Maxwell open the continued meeting of January 3, 2005. Roll call found present: Councilmembers Terry Christiansen, Nick Petrish, Brad Adams, Cynthia Richardson, Loren Hoboy, and Ray Sizemore. Absent: Bud Rock. The Mayor and City Council moved into Executive Session to review and discuss a draft agreement covering the non-commissioned police unit. No action was taken. At approximately 7:30 p.m. the Executive Session was concluded and the Council began their regular session. Non -Commissioned Police Bargaining Aqreement Ms. Emily Schuh, Human Resources Director, presented the draft agreement for Council deliberation and action. After discussion, Mr. Christiansen moved that Resolution No. 1691, entitled "A Resolution Approving a Labor Agreement By and Between the City of Anacortes and the Anacortes Non -Commissioned Police Services Guild" authorizing execution of this contract be adopted. The motion was seconded by Mr. Sizemore and passed unanimously. Mayor Maxwell informed those present of the Central Business District sidewalk dedication planned for noon on January 21. This new section of sidewalk is part of an ongoing program and this year covers blocks between 4th Street and 8th Street. The Mayor invited all those interested to attend. Mayor Maxwell then asked that anyone interested in nominating a volunteer to contact his office regarding the Jefferson Award nomination process. Mayor Pro - Tem Sizemore asked that a committee consisting of Councilmembers Richardson, Christiansen, and Adams consider the Mayor's proposal for an apprentice training pilot program covering City Public Works contracts over $1,000,000. There being no further business to conduct, the continued meeting adjourned at approximately 8:00 p.m. ands "PJohnsopn, 60 Clerk -Treasurer H. Dean Maxwell, May r (� City Councilmember/ 1902 January 18, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of January 18, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson moved, seconded by Mr. Sizemore to approve the minutes of January 3, 2005 and January 10, 2005 as if read. Mrs. Richardson asked that the last paragraph of the January 10th minutes be corrected to read: "...contracts over $1,000,000." Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock (on the 3rd only), and Hoboy. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. 'Mayor /Council Communication, Mayor Maxwell announced that the Superior Court, State of Washington in and for the County of Skagit, Anacortes Airport Coalition, suing the Port of Anacortes, Port Commission, City of Anacortes, and the City Planning Director, allegation that there are trees at the airport that pose an immediate danger to air traffic; the suit further alleges that existing zoning laws or mitigation restrictions are not applicable. This legal action could compromise the efforts by the Port and City to arrive at an amiable resolution to airport issues. Mr. Ian Munce, City Attorney, explained that this lawsuit filed against us asks for immediate relief from the Court so the City will have to spend time, effort, and money defending against this action. He stressed that should this action be successful it would prevent the City from requiring any mitigation measures regarding the removal of nearly all the trees at the airport and some on private property. In conclusion Mr. Munce explained that a proposal will be brought to the Council soon that attempts to resolve all outstanding airport zoning issues. The Mayor then pointed out a recent communication challenge. A Skagit County Solid Waste meeting originally to be held on January 19th was rescheduled for January 11th. The Mayor received the notice for the meeting change on January 12th The Mayor then shared a letter submitted by MJB Properties to the State expressing interest in locating a facility for building the Hood Canal Bridge replacement pontoons at the MJB property in Anacortes. This activity would bring a number of high -paying jobs to the community; the site has previously served as a fabrication site and is prepared to handle a workforce of up to 2,000 people. Additionally, pontoons for other bridges in Western Washington could be built at this location. After discussion, Mr. Christiansen enthusiastically moved to adopt Resolution No. 1694 entitled "A Resolution Supporting the Construction of the Hood Canal Bridge Pontoons within the City of Anacortes." Mr. Hoboy seconded the motion. Mayor Pro -Tem Sizemore pointed out the relevancy of a Resolution recently introduced to Council regarding an apprentice -training program for City of Anacortes construction contracts of $1,000,000 or more; it was decided that the apprentice resolution would be brought back to Council on January 24th for review and possible action. Vote on the motion: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried Loan Documents: Wilson Hotel Rehabilitation Mayor Maxwell introduced Mr. Ian Munce, City Attorney. Mr. Munce introduced a Resolution to Council for review and adoption approving the New Wilson Hotel renovation utilizing Community Development Block Grant monies. The city's obligation to pay the $270,000 is totally dependent upon the City receiving the Federal Community Development Block Grant monies. The document now before Council reflects the loan terms and conditions; additionally the Resolution would authorize the Mayor to sign all documents necessary to utilize $270,000 Community Development Block Grant monies for the Wilson Hotel project. Mr. Munce explained the Anacortes Housing Authority construction should start this summer with completion in the summer of 2006. After discussion, Mrs. Richardson moved, seconded by Mr. Christiansen, to adopt Resolution No. 1692 entitled "A Resolution Approving the "New Wilson Hotel' Renovation in the City of Anacortes, Washington. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Appeal of Planninq Director's Tentative Approval of Rawhouser Short Plat Mayor Maxwell introduced an appeal to the Planning Director's approval of a 6 -lot short plat on 1.54 acres generally located at the intersection of West 3rd Street and Dakota Avenue and accessed from Oakes Avenue. On December 13, 2004 the Planning Director issued tentative administrative approval of the proposal subject to 20 conditions. The application was circulated to the Development Review Group and Engineering Project Manager; standard conditions were recommended as well as a request to provide a geo-technical report prior to construction; provide sidewalks on both sides of the street; and provide a landscaping plan to be approved by the Planning Director. The appellant, Mr. Richard L. Threet, 2701 17th Street, addressed the Council. Mr. Threet, a licensed engineering geologist and neighbor, suggested that a geotechnical report should be provided before plat approval. Mr. Threet described the areas with slopes of 20% or greater and suggested the need for a clearer understanding of the potential geotechnical problems for grading and site preparation for residential building on the affected lots. Further, Mr. Threet also suggested that insufficient information is available regarding the proposed Bay Saver water quality catch basin and the stormwater control system. Mr. Nels Strandberg, 4504 Sea Otter Lane, proponent, described the proposed work to prepare this site and reported that a temporary sedimentation pond will be used during construction. Mr. Bob Hyde, Director of Public Works, spoke in support of a Bay Saver system already installed at another location in the City; the product is low maintenance and high performance. Additionally, a bioswale or small detention pond would require considerably more maintenance with potential wetland and safety issues. 1903 January 18, 2005 -- continued Mr. Ian Munce, Planning Director, pointed out that while increasingly more detailed information is being required at the land use application stage, at some point during this particular review process a decision is made whether or not the property can accommodate the development of six lots. After full staff review the decision was made to approve the project subject to conditions. The geotechnical information requested by Mr. Threet will be made available at the Building Permit stage. Council discussion followed regarding the potential development of West 3rd Street; due to the steepness of West 3rd the future east/west connection will be via West 2nd Street. Mr. Strandberg mentioned that private property intersects the West 3`d right of way and would need to be purchased prior to any West 3rd development. Mr. Christiansen mentioned that he was not affiliated with any real estate agency and was able to hear land use issues. After discussion, Mrs. Richardson suggested that the proposal was reasonable and moved to deny the appeal and to support the Planning Director's approval of the Rawhouser 6 -lot short plat subject to conditions outlined in the Findings of Fact and Conclusions of Law. Mr. Adams seconded the motion. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Orchards PUD Development Plan: Decision Mayor Maxwell introduced Mr. Bob Hyde, Director of Public Works. Mr. Hyde initiated the decision portion of the Planned Unit Development process in regard to The Orchards PUD on 41St Street and "H" Avenue. The Orchards is a 60 -unit residential project on 29.66 acres that has been through an extensive Public Hearing process including public and staff review. Using an overhead display Mr. Hyde highlighted a neighborhood concern— the location on a number of small lots on the western boundary potentially blocking "E" Avenue views. As a result, the proponent revised his proposal to create 15,000 square foot lots at this location; the maximum building height on these certain lots shall be reduced and shall be varied in relationship to the properties to the west. The project design does not include The Ace of Hearts Creek and a 50' buffer on either side of the creek will be provided as well as open space between the creek itself and Heart Lake Road. Another proposed condition requires the installation of sidewalks and a full City standard street within the interior as well as sidewalks that would follow along the southern edge of 41 st from Heart Lake Road up to approximately "E" Avenue. Also included is a 30' Native Growth Protection buffer along the edge of the forestlands together with a trail access. A small pocket park and other amenities shall be provided. The Mayor then opened up the matter for Council deliberation. Mr. Rock submitted a new condition addressing Heart Lake Road access: 30. The Orchards developers will pay their share of the HLR connector at Final Plat approval. He suggested that the City apply for all necessary permits to build a City street across the Ace of Hearts Creek so that the streets in the Orchards PUD connect to Heart Lake Road. Mr. Hoboy then suggested the following conditions: 31. The applicant shall provide a replacement culvert meeting Washington Department of Fish and Wildlife Stream standards (60") for Ace of Hearts Creek under 41s' Street to be located at "H" Avenue to directly connect the creek into the new open stream north of 41St Street. 32. The creek channel south of 41St Street shall be realigned to the new culvert and replanted with approved native vegetation on the subject property meeting City and Washington Department of Fish and Wildlife stream requirements and standards. 33. All untreated storm water (catch basins, culverts and ditches) along 41St Street and "H" Avenue shall be separated from the creek flow and connected to appropriately engineered retention ponds. Water quality and connections from retention ponds to the creek shall meet appropriate State and local design standards. Mr. Adams asked to further discuss the inclusion of lots 43, 44, 45, and 46 in the site's density calculations. Mr. Hoboy suggested that in balance the calculation issue on those lots is tempered with the agreed to off-site improvements. Mr. Petrish supported the project as revised. Mrs. Richardson said that the proponent's request to reduce the R1 side yard setback requirement is not supported by any evidence. Mrs. Richardson also offered that the requirement to install sidewalks on both sides on the development and on 41St is not excessive as suggested by the proponent. She further discussed concerns about the stream crossing. After discussion, Mr. Hoboy moved to adopt the conditions recommended by the Planning Commission, with the following amendments: side yards shall remain at R 1 standards, and there shall be sidewalks on one side of the plat's interior streets. Further, new conditions 31-34 (see text above) shall be added; the appeals were resolved accordingly. Mr. Petrish seconded the motion. As a result of this action the appeals were resolved accordingly. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Mrs. Christiansen. The Findings of Fact and Conclusions of Law will be brought back to Council for adoption. Consent Agenda Mr. Rock moved, seconded by Mr. Hoboy to approve the following Consent Agenda item. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson (abstained from vote on Ordinance No. 2686). 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 6, 2005 and January 13, 2005 for payment as of this date January 18, 2005. January 18, 2005 -- continued 1904 Claims Warrants for the months of January Warrant Numbers 29860 through 30062 in the total amount of $726,893.06 Pavroll # 1 for December 30th in the total amount of $631,970.73 Warrant Numbers 26658 through 26733 in the total amount of $214,745.13 Direct Deposit Numbers 13273 through 13445 in the total amount of $243,894.82 EFT Numbers 350 through 377 in the total amount of $173,330.78 In the same motion Council: Adopted Ordinance No. 2686 entitled "An Ordinance Vacating a Certain Right -of -Way Adjacent to Lot 15 and Lot 16 of the Cap Sante Park Addition Plat to the City of Anacortes, Skagit County, Washington"; Adopted Ordinance No. 2687 entitled "An Ordinance Closing Fund 111 Transportation Improvement Area # 2 Impact Fees"; Adopted Resolution No. 1693 entitled "A Resolution Amending Resolution # 1363 and Adopting a New Fee Schedule for Rental of the Fidalgo Center"; and Accepted as complete the construction contract with Schwetz Construction Inc. for the 2004 Sidewalks, project (04-047-TRN-01) thereby initiating the mandatory 30 -day lien period. If no valid liens are filed any retainage now held by the City will be released to the contractor. Contract Award: Water Svstem Telemetry Proiect Mayor Maxwell, Council, and staff thanked NAS Whidbey Island and the Seabees for the tremendous ongoing support given our community during actual floods and the potential flooding of our Water Treatment Plant located on the Skagit River. With that, Mr. Hyde requested authorization to award the Phase II of the Water Treatment Plant Telemetry project to Technical Systems, Inc. When completed this project will allow collection of data and will provide control and alarm monitoring functions for all elements of our water distribution system. The Phase II contract modification cost is $68,066.56 including tax. After discussion, Mr. Christiansen moved, seconded by Mr. Rock, to authorize the Mayor to enter into a contract modification for Phase II of the Water Treatment Plant Telemetry Project to Technical Systems, Inc. in the amount of $68,066.56. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Conservation Easement Proqram: Next 100 Acres for Non -Grove Donations Mr. Jonn Lunsford, Parks Department, reported to the Mayor and Council that to date over $750,000 has been raised since the Conservation Easement Program began in December of 1998. The halfway point for the $1.5 million fundraising goal and was reached four years ahead of schedule. The most recent available area for non -grove donations of less than $5,000 is known as "Raven Crest" north east of Whistle Lake. The Forest Board recommended approval. After discussion, Mr. Adams moved to approve the 100 acre parcel to be made available for non -grove donations. The motion was seconded by Mr. Sizemore. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Moen Appeal: Improvement Board Findinqs The proceedings are on tape and filed at City Hall Mr. Ian Munce, City Attorney, described the established process by which the City Improvement Board reviews neighborhood appearance issues, particularly with regard to zoning. Mr. Munce pointed out that a number of restoration issues have already been addressed and agreed to by Mr. and Mrs. Steve Moen, 41938 th Street. However, the Moens appealed the City Improvement Board's recommendation regarding trees on the west side of the Moen property. Mr. Ed Frank, Building Office, used an overhead photo display to show the vegetation as it appeared on October 14, 2004. The CIB endorsed staffs characterization of the vegetation as a hedge; the Moens disagree. Also at issue is a building permit extension request; handrails and smoke alarms are required to assure that the building meets minimum code requirements. During the CIB hearings the Moens agreed to complete the work by the end of December and have subsequently appealed to obtain a March 31, 2005 extension. In answer to questions from Council Mr. Frank described past litigation regarding the hedge at this address. Mrs. Joan Moen, 419 38th Street, appellant, distributed hedge definitions and photographs to Council. Mrs. Moen said that the trees in question are over 50 years old and are located in this fashion; an apple tree, then 24' feet to a maple, and 48' to a pine tree. Foliage between the trees has been removed but the trees have grown together thereby blocking views. In answer to a question from Mrs. Richardson, Mrs. Moen said they would be landscaping and putting in a ground cover on a large dirt mound at the property. Mr. Steve Moen, 419 38th Street, received bids on railing installation and will proceed with new sheet rock and smoke detector installation; all will be accomplished by March 31St. Photos were then distributed showing current tree condition. Mr. David Groves, 508 38th Street, suggested that more than enough time has passed for the Moens to comply with clean-up and code compliance. Mr. Hoboy suggested trees be trimmed so that they don't overhang the yard and that they be maintained and that the trash should be cleared and kept cleared. Mr. Adams supported the CIB December 31St compliance deadline and associated fines ($1,500). Mr. Rock said the trees should be trimmed. Mrs. Richardson also emphasized the consequences of building code noncompliance and supported the March 31St deadline with fines; she further stated that the trees should be trimmed and the dirt mound landscaped. She clarified that fines are part of the enforcement process. After discussion, Mrs. Richardson moved, to extend the Building Permit compliance date to March 31, 2005; the Moens shall trim the trees (not a hedge) so as not to overhang the neighbor's property; and shall make landscaping improvements on the 1905 January 18, 2005 -- continued dirt mound. If the final date and tasks are not met the $1,500 fine imposed by the AIB will be in effect. Mr. Hoboy seconded the motion. Vote: Ayes — Sizemore, Christiansen, Richardson, Rock, Hoboy, and Petrish. No — Adams. Motion carried. Award Task Order: North Texas Road Waterline Desiqn/Phase II Mr. Bob Hyde, Director of Public Works, presented a request to Council for authorization to enter into a contract for the design of the North Texas Road Waterline for 2005. The steel line is 50 years old and not well protected from corrosion. The design of the waterline was budgeted over a 2 -year period; continuing the work on the design requires specific authorization for 2005. The contractor, Gray and Osborne, Inc. has worked successfully thus far to design this water supply line to the refineries. After discussion, Mr. Rock moved, seconded by Mr. Sizemore, to authorize the Mayor to enter into an agreement with Gray and Osborne, Inc. for the Phase II design of the North Texas Road Waterline in the amount of $54,700. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Executive Session At approximately 10:30 p.m. the Mayor convened the Council in Executive Session to discuss a possible land transaction. At approximately 10:45 p.m. the Executive Session was concluded. The Mayor reconvened the Council in Chambers and introduced the following action item: Propertv Acquisition: Ed Hawkinqs propertv at the Intersection of Pennsvlvania and West 12th Street. Mr. Gary Robinson, Director of Parks and Recreation, emphasized the need in the Northern Pacific Addition/Rock Ridge, and Copper Pond areas for park and recreation facilities. In that regard, negotiations with the owner for the purchase of a 1.4 -acre parcel at Pennsylvania and West 12th Street have been successful and are now complete. If approved, this site would contribute to a park system providing recreational facilities in this area. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to authorize the purchase of approximately 1.4 acres at the intersection of Pennsylvania Avenue and West 12th Street in the amount of $155,000.00. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. There being no further business, at approximately 11:00 p.m. the Mayor continued the regularly scheduled meeting of January 18, 2005 to Monday, January 24, 2005 to conduct the City of Anacortes Critical Areas Ordinance Public Hearing. U1 A bQ P��L Wanda P. Johnson, �Clerk-reasurer H. Dean Maxwell, Mayo, U Councilmember 1906 January 24, 2005 -- Continued from January 18, 2005 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Ray Sizemore, Cynthia Richardson, Bud Rock, Nick Petrish, Bud Adams, and Loren Hoboy. Absent: Terry Christiansen. Resolution: Apprentice Traininq Requirements Mayor Maxwell introduced a resolution entitled, "A Resolution Establishing Apprentice Training Requirements for the City of Anacortes Construction Contracts of $1 Million or More, to be Implemented as a Pilot Program until December 31, 2007". The Mayor spoke to the need to provide tangible support from the City for apprentice programs. He also pointed out that this was a pilot program through December 31, 2007 and that Section 5 provided for a waiver under certain circumstances. Mayor Pro -Tem Sizemore spoke in favor of the resolution and again emphasized the Council's support for additional building trade construction in Anacortes; he made particular mention of the possibility of building the Hood Canal bridge modulars on the MJB property. Mr. Hoboy suggested that additional flexibility be added to the resolution by adding language that the City of Tacoma uses, requiring that the contractor either emphasize apprentice programs or give priority to hiring local residents. After further discussion, Mr. Hoboy moved that Resolution #1695 as titled above be adopted with the addition of the words "and/or residents of Anacortes" at the end of Sentence #1 of Section 1(2). The motion was seconded by Mr. Petrish and passed unanimously. Public Hearinq: Critical Areas Ordinance Update The Mayor then opened a public hearing on the proposed Critical Areas Ordinance update. Mr. Munce presented the procedural background to this item, together with the latest round of substantive changes proposed by City staff in response to state agency comments. Mr. Munce reviewed the five critical areas categories: geologically hazardous areas, aquifer recharge areas, frequently flooded areas, fish & wildlife conservation areas, and wetlands. He pointed out that the first three categories had previously been approved, no additional comments were received, and that these were ready to go forward as permanent ordinances. The last two categories (fish & wildlife conservation and wetlands) still have several issues that need to be discussed and decisions reached. Phyllis Dolph, 2320 26th St., representing the Tree Conservation Committee, read a January 24 letter requesting an addition of a Tree Conservation section to the Municipal Code and urged the Council to take advantage of the Tree Conservation Standards and Landscaping Guidelines presented by the Tree Conservation Committee as a part of fish and wildlife habitat protections. Steve Clark, 1102 G Avenue, representing Evergreen Islands, submitted a January 24 letter citing concerns that marine shoreline protection has not been adequately addressed in this new draft and that language in the section on Native Growth Protection Easements needs to be clarified and strengthened. Gene Derig, 1302 K Avenue, submitted a January 23 letter supporting the majority of the work done on the CAO thus far, but expressing concerns that the City's Shorelines Management Plan does not adequately protect marine aquatic habitat and, therefore, needs to be addressed more extensively in the Critical Areas Ordinance. Maggie Potter, representing multiple waterfront property owners, spoke in support of the Critical Areas amendments as developed by the Planning Commission and urged comprehensive and continuing public participation regarding buffers along the shoreline. Tom Glade, 2710 J Avenue, representing Evergreen Islands, read excerpts from letters from several state agencies regarding shoreline buffers and the importance of the Critical Areas Ordinance working in tandem with the Shoreline Management Plan. One of his concerns was protection for the shoreline between the time that the Critical Areas Ordinance is adopted and the Shoreline Management Plan is updated. Ellen Gray, representing 1000 Friends of Washington, spoke in support of the three ordinances on flood damage prevention, aquifer recharge protections, and geologically hazardous areas, but expressed concern about the ordinances for fish and wildlife, and wetland protections. She indicated that there is not enough protection as to the shoreline buffers. She invited the Council to a community forum at the Lincoln Theater and provided fliers for that event. Michael Broome, Executive Director of the Chamber of Commerce, representing the Anacortes Chamber Board of Directors, spoke in favor of taking time necessary to weigh all of the options and make the decisions that will preserve Anacortes' marine commerce as well as provide protections for the environment. Barry Shafer, 3601 W. 8th Street, spoke to the importance of having strong protections for wetland areas. Following public testimony, Mr. Munce announced that this subject would be taken up at a Study Session on February 14, 2005 at 7:30 p.m. in the Municipal Building Council Chambers for possible action in March. The following materials were distributed at the meeting to be included in the record: 1907 January 24, 2005 -- continued • an August 9 letter from Lynne Poling • a January 20 letter to Laura C. Casey, Wetland Specialist, Dept of Ecology • a January 20 email from Laura Casey to Ian Munce • a January 21 letter from Douglas L. Peters, Senior Planner, Growth Management Services, CTED • a January 21 letter from Linda Sanford • a January 22 email from Stonewall Jackson Bird • a January 22 letter from Steve Aslanian, Skagit Audubon Society • a January 23 letter from Gene and Marilyn Derig • a January 23 letter from MJB Properties and Urban Waterfront Property Owners • a January 24 letter from Phyllis Dolph, Tree Conservation Committee • a January 24 letter from Steve Clark, Evergreen Islands • a January 24 letter from Ellen Gray, 1000 Friends of Washington There being no further business, Mayor Maxwell adjourned the meeting at approximately 9:00 p. M. leWanda P. Johnson, CClerk-Treasurer H. Dean MaxwEell, May r 6)1, P Councilmember • February 7, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of February 7, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meeting Mr. Sizemore moved, seconded by Mr. Rock, to approve the minutes of January 18, 2005 and January 24, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs Ms. Annie Brogan, 4409 Glasgow Way, asked that the City arrange for the broadcast of Port meetings on the government access channel. The Mayor explained that the channel is available should the Port Commission choose to have their meetings televised. ,Mayor/Council Communication; Mayor Maxwell reported that there is some interest in the community to develop an Arts Commission. A kick-off meeting will be held in the Council Chambers on February 141H at 4:00 p.m. for anyone who is interested in this discussion. Mr. Sizemore moved, seconded by Mr. Rock, to approve the nomination of Mr. Brent Morrison to the Anacortes Historic Preservation Board. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Mr. Christiansen moved, seconded by Mrs. Richardson to approve the reappointment of Mr. Rick Haley to the Forest Advisory Board and Mr. Gibb Moore to the Anacortes Museum Board. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Mr. Petrish (1) asked that signs/plastic bags be posted along the Tommy Thompson Trail to encourage animal owners using the Trail to clean up after their dogs; (2) suggested that the Council study the completion of the trail around the south end of the Bay; and (3) reported on a number of Highway 20 signs out of compliance with City codes. Mr. Petrish requested that staff provide a Highway 20 sign compliance inventory to be brought back to Council for disposition. Mr. Adams asked to focus community and public safety awareness on the dangers associated with the "pocket rocket" motorized scooters; they're being used at night without benefit of lights. The Public Safety Committee will revisit this issue on February 15tH Mr. Rock asked that the Public Works Department provide a report on the 37th and "M" Avenue residential development drainage issues. Resolution: Washington Park Fee Amendment Mr. Gary Robinson, Director of Parks and Recreation presented a Resolution to Council for review and approval. If adopted the Resolution would authorize an increase in Washington Park fees. The Park Board reviewed the proposed fees and recommended forwarding the revisions for public input and Council review. The park use fees have not been raised since 1999 and although the Board was reluctant to recommend an increase it was agreed that the new fee schedule was in order and necessary. Mr. Robinson then reviewed the resident and non-resident boat lot parking and camping rates; fees shall be adjusted each year based on the Consumer Price Index. There were no comments from the audience. With that, Mrs. Richardson moved, seconded by Mr. Adams, to adopt Resolution No. 1696 entitled "A Resolution Amending the Fee Schedule for Uses at Washington Park". Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Consent Agenda Mr. Rock moved, seconded by Mr. Sizemore to approve the following Consent Agenda item. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on January 20, 2005, January 27, 2005, and February 3, 2005 for payment as of this date February 7, 2005. Claims Warrants for the month of January Warrant Numbers 30065 through 30279 in the total amount of $373.671.01 Prewritten Claims for the months of January and February Warrant Numbers 30063 and 30064 in the total amount of $540,634.09 February 7, 2005 -- continued Pavroll # 1 for January 14, 2005 in the total amount of $421,396.53 Warrant Numbers 26743 through 26805 in the total amount of $64,599.22 Direct Deposit Numbers 13446 through 13591 in the total amount of $232,698.36 EFT Numbers 378 through 384 in the total amount of $124,098.95 Pavroll # 2 for January 31, 2005 in the total amount of $589,450.55 Warrant Numbers 26814 through 26886 in the total amount of $221,609.85 Direct Deposit Numbers 13952 through 13696 in the total amount of $236,175.93 EFT numbers 382 through 388 in the total amount of $131,664.77 In the same motion Council: Adopted Ordinance No. 2688 entitled "An Interim Zoning Ordinance Amending Chapter 17.54" with regard to standards governing mobile homes; Adopted Resolution No. 1697 entitled "A Resolution Designating Applicant Agent for the State of Washington Pre -Disaster Competitive Mitigation Grant Program" authorizing Edwin Frank, Building Official as the City's applicant agent; Adopted Ordinance No. 2689 entitled "An Ordinance Vacating a Certain Portion of 22nd Street and Retaining Easements on Lots 11, 12, 14, and 15 of Blocks 213 and 214 of the Original Addition "D" Avenue Plat to the City of Anacortes, Skagit County, Washington"; and Declared a 1992 Ford Taurus (#063) and a 1983 GMC Dump Truck (#610) as surplus and authorized James G. Murphy Auction Warehouse to sell the vehicles on consignment. Findings of Fact and Conclusions of Law: Orchards Planned Unit Development Mayor Maxwell pulled this item from the Consent Agenda and placed it on the February 14th continued meeting agenda. The extra review period was necessary to confirm that all conditions were reflected in the final document. Flounder Bay Maintenance Dredqinq: John Killingsworth Mr. John Killingsworth, 2404 Highland Drive, addressed the Council as a Skyline property owner Steering Committee member supporting a maintenance dredging project at Skyline Marina. An information packet was distributed to Council as Mr. Killingsworth encouraged the City to become the Lead Agency for the dredging work. The Committee is seeking support in defining a Local Improvement District to finance the project. A consultant would be required to determine the project's technical scope and to identify the prime contractor in the permitting and execution of the project. Mr. Killingsworth said that dredging is required at the marina entrance, at storm drain areas, and at private and public navigation channels. While the City recognizes the need for this improvement, costs associated with consultant fees in developing an LID would need to be addressed. Mr. Ian Munce, City Attorney, suggested the next step would be to submit a proposed contract between the affected property owner organizations and the City, with seed money placed in an escrow account together with assurances that if the LID doesn't go forward there will be no loss to the City. Pleasant View Final Plat Mr. Bob Hyde, Director of Public Works, presented the Pleasant View Final Plat application to Council for review and approval. Mr. Hyde used a visual display to show the 34 lot residential subdivision bounded by "G" and "E" Avenues east and west, and 27th — 29th Streets north and south; the project is accessed from 28th and "D" Avenue and 28th and "H" Avenue. The City has received approximately $450,000 in infrastructure as part of this development and staff recommends Final Plat approval subject to a Performance Bond in the amount of $112,500. No formal action was taken on this matter at the January 26, 2005 Planning Commission meeting but it was agreed that this project should go forward to the City Council for review and action. The 28th to "J" Avenue city improvements are complete and in use. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the Pleasant View Final Plat subject to an $112,500 Performance Bond. Vote: Ayes — Rock, Hoboy, Sizemore, Adams, Christiansen, and Richardson. Abstain: Petrish. Motion carried. Seaments 5 and 6 Waterline Design Contract: 2005 Work Authorization Mr. Bob Hyde, Director of Public Works, submitted a request to Council for approval of a Change Order to the Segment 5-6 Waterline design contract for 2005. Mr. Hyde explained that the work on this project was divided over two years for budgetary reasons. The contract now before Council would authorize the balance of design work for 2005 budgeted in the amount of $666,400. There's been no change in the scope or cost of the original contract. The project includes a new transmission line from Bradshaw Road east to the Skagit River, a new under river pipeline to the water plant, and replacement of old 24" line. When this phase of the project is complete final plans and specs will be available for bid solicitation. Montgomery Watson Harza design engineers for the project were available to answer questions. Budget issues and February 7, 2005 -- continued 1910 engineering fees were discussed. With that, Mrs. Richardson moved, seconded by Mr. Hoboy, to authorize the Mayor to sign the Montgomery Watson Harza Segment 5-6 Waterline Design Contract Change Order for 2005 work authorization. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Water Availability Request: 6244 SR 20 Mr. Ian Munce, Planning Director, presented a request for the City to provide water service to 6244 SR 20. Mr. Munce explained that the City provides retail water service south of the City limits near Campbell Lake Road; past that point the City wholesales to the Skagit PUD # 1. The Sturdefant application wouldn't normally come to Council for disposition except in this case the PUD does not have a waterline in this portion of their service area. The site is .65 acres adjacent to Highway 20 and has been certified by the County as a pre-existing lot. Mr. Munce suggested that the South Fidalgo Planning Committee established by the County with representatives from the City will further address the issues raised by this application; the Committee will meet on Thursday February 10th The applicant, Mr. Jerry Sturdefant, 15374 Dewey Crest Lane, owns lots 8-11, Block 68, Fidalgo City. Mr. Sturdefant suggested that tie-in to the line adjacent to the highway would be feasible; a wetland delineation of his property points to limited space for utilities. Mr. Hoboy asked for the septic system proposal. Mr. Bob Hyde, Director of Public Works, reported that the service would be a 1" tap on the 10" line. After discussion, Mr. Adams moved, seconded by Mr. Sizemore, to approve the request to provide water service to 6244 SR 20. Mr. Hoboy spoke against the motion with concern for septic systems of marginal nature that tend to be associated with this type of development. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. No — Hoboy. Motion carried. Closed Record Meetinq: Conditional Use Application — Hangars at Airport Mr. Hoboy stepped down from deliberation on this matter. Mayor Maxwell introduced the Planning Director and City Attorney, Mr. Ian Munce. Mr. Munce explained that interim LM" zoning at the Anacortes Airport provides for project review on a case-by-case basis through the conditional use process. Mr. Mike Freeman (480 North Aviation, LLC) proposes the construction of two hangars to be located at the southeast corner of the Anacortes Airport; the "T" and "Box" hangars are defined in the conditional use application package forwarded to the Council prior to this meeting. On October 7, 2004 the Port of Anacortes conducted an extensive SEPA analysis on this project and subsequently issued a Mitigated Determination of Nonsignificance on this project subject to a series of conditions that have been by and large incorporated into the Planning Commission recommendation for approval. Although the Port of Anacortes 1994 Airport Mater Plan doesn't govern this specific hangar location the proposed hangers do conform to the intent of the Plan. The Planning Commission held Open Record Public Hearings on this matter and voted to recommend that the conditional use permit be granted for these two structures subject to conditions. The Port, in its review recommended an alternative run-up area and placement of a wooden structure for sound baffling. The Commission did not include this condition suggesting that a berm rather than a wood structure would be more effective and that more study of this issue was appropriate. Air safety regulation enforcement at the airport was also subject of discussion; the Commission recommended (with a split vote) imposition of an impact fee on each hangar unit to generate funds for a Port enforcement program. In regard to airport compatibility issues raised during this hearing process Mr. Munce announced that a new draft permanent airport zoning proposal will be before the Council by the end of March; through this process the Port has expressed a commitment to work on those airport enforcement issues raised. Five appeals have been filed; once they are heard the Council will convene in Executive Session to discuss legal issues related to the airport but deliberation on the Conditional Use application will not be a part of the dialogue. Mayor Pro -Tem Sizemore suggested that Council decision on the application and appeals be held over to Monday, February 28th All Planning Commission hearing transcripts, exhibits, and appeals were forwarded to Council. Mr. Munce clarified that zoning criteria asks the question: will this project as conditioned have a detrimental impact on the surrounding neighborhood; the Planning Commission recommends that, with conditions, it does not. The appeals are basically over permit conditions rather than the use itself. Mr. Sizemore disclosed he was a licensed pilot and an aircraft and box hanger owner at Bayview Airport. Mr. Christiansen also stated that he is a licensed pilot. Mr. Craig Magnussen, attorney for the applicant, 701 Pike Street, Street, Seattle, Suite 1700 did not challenge either Mr. Sizemore or Mr. Christiansen but did ask to voir dire the Council with regard to ex -parte communication with Councilperson Hoboy before beginning the meeting. Mr. Magnussen then clarified that the applicant's request to noir dire the Councilmenbers having to do with ex -parte communication with recused member Mr. Hoboy was refused. The Mayor introduced the appellants. 1911 February 7, 2005 -- continued Ms. Jane Llovd, 2715 Washington Blvd., spoke in support of the condition requiring a full time monitor at the airport. She then read from a February 2, 2005 letter in support of her appeal emphasizing a need for run-up areas and noise mitigation measures. She proposed a berm or similar structure; she suggested that the financial burden for providing effective noise buffers should be placed with private development corporations. Ms. Lloyd recommended that Council deny the application until these safety and noise mitigation controls are in place. Mr. Aaron Rasmussen, 1101 8th Street, attorney, addressed the Council on behalf of appellant, Ms. Sandra Hobov, 4102 Kingsway. (Mr. Magnussen, attorney for the applicant, objected to this portion of the appeal citing a direct conflict of interest; appearance of fairness doctrine and statutes suggests Mr. Hoboy can recuse himself and not participate in the process or resign from the Council and participate in the deliberation.) Mr. Rasmussen continued his presentation pointing to an overhead display showing the Hoboy property in relationship to the proposed hangars. The appeal suggests that zoning controls require community buffer screening and the proposed conditions do not address these controls. The new hangars will be approximately 125' from the Hoboy property in full view and direct earshot of the home's main level. The appeal suggests that Council consider discretion to require community buffer screening; Mr. Rasmussen referenced section 17.xx.130 of Ordinance 2676. Mrs. Hoboy offered an alternative to the berm and fence solution: a green fence of 6-9 mature evergreen cedar trees would be aesthetically pleasing, easy to install, and will not require maintenance. Mr. Rasmussen concluded with slides illustrating different screening scenarios. Mr. Frank Hiaains, 4602 Kingsway, first spoke to a request for wetland mitigation documents for the 2-3 acre filled wetland area located where the proposed hangars are to be constructed. Mr. Higgins asked for appropriate wetland loss mitigation as part of the building permit approval. Mr. Higgins also spoke on behalf of the Board of Trustees of the Skyline Homeowners Association centering his comments on community safety. He suggested that the environmental documents do not address cumulative impacts that these and related hangar projects will have on community safety. The appeal asks for: increased Port accountability in implementing the condition for an airport safety monitor; submittal of annual proof that aircraft certifications comply with state law; and formation of a joint city aviation safety working group. Ms. Marlene Deaton, 4405 Kingsway, Citizens for Anacortes, thanked the Planning Commission for their study and deliberation on this issue. Ms. Deaton then asked Council to address increased parking, noise mitigation; runoff from increased impervious surfaces, mitigation for loss of existing vegetation. These issues should be resolved before a permit is issued. Her organization supported funding an airport safety monitor. Mr. Craig Magnusson, Attorney for the applicant, 48 Dearee North Aviation LLC, 701 Pike Street, Suite 1700, Seattle, stressed that the conditional use permit issue is for the hangar use, not airport growth, not creation of statutory buffers at the airport, and not long term noise mitigation; while all are important issues, they are not issues associated with the construction of hangars. He further suggested that the impact fee/monitoring plan is appropriate for the city and port to discuss but should not be a burden for the applicant. Mr. Magnusson pointed out that the airport wetland was filled prior to any City wetland regulations; there are no statutes in place requiring buffers within the airport for this proposed project. Construction of the hangars will not involve tree removal; parking inside the hangars will provide more than twice the amount of parking required by statute and not including on-site parking already in existence; statutes speak to building screening. He concluded by saying there was no statutory basis for the imposition of the $1,000/hangar unit for an aircraft flight safety monitoring program. Outside of his appeal comments Mr. Magnusson asked for clarification on scheduling an executive session at this level of discussion. At approximately 9:40 p.m. Mayor Maxwell convened the Council Executive Session to discuss legal issues relative to the Anacortes Airport. At approximately 9:50 p.m. the Mayor reconvened the meeting and without taking any further action continued the regularly scheduled meeting of February 7, 2005 to Monday, February 14, 2005 to adopt the Findings of Fact and Conclusions of Law for the Orchards Planned Unit Development. 'P, C& Ail Wanda P. Johnson, Ci(y Clerk -Treasurer H. Dean Maxwell, May r U Councilmember 1912 February 14, 2005 Continued from February 7, 2005 Mayor Maxwell called the continued City Council meeting to order at approximately 7:30 p.m. Roll call found present: Nick Petrish, Brad Adams, Loren Hoboy, Bud Rock, and Cynthia Richardson. Terry Christiansen and Ray Sizemore were absent. Adoption: Findinqs of Fact and Conclusion of Law — The Orchards The Council then considered the latest draft Findings of Fact and Conclusions of Law for The Orchards Planned Unit Development, generally located at the intersection of 41 st and H Avenue. Mr.. Rock commented that the clarifications that he had requested had been made. Accordingly, he moved that the Finding of Fact and Conclusions of Law be adopted. The motion was seconded by Mr. Hoboy and passed unanimously. Surplus Vehicle No. 54 Public Works Director, Mr. Bob Hyde, requested authorization to surplus Vehicle No. 54. Mr. Hyde commented that this vehicle had reached the end of its useful life. With that, Mr. Petrish moved that Vehicle No. 54 be surplused. The motion was seconded by Mr. Rock and passed unanimously. Award Task Order: Highway 20 Waterline Replacement Desiqn Mr. Bob Hyde, City Public Works Director, requested authorization to award a contract to Gray & Osborn in the amount of $96,700 for design of the Highway 20 Waterline Replacement. Mr. Hyde explained that this work was necessary because DOT required the waterlines to be moved as part of their HR 20 Safety Project and that Public Works was taking this opportunity to re-route the line away from the state right of way where possible. After discussion, Ms. Richardson moved that the Mayor be authorized to enter into a contract for this project for $96,700 with Gray and Osborn. The motion was seconded by Mr. Adams and passed unanimously. The meeting adjourned at approximately 7:50 p.m. Wanda P. Johnson, ty Clerk -Treasurer H. Dean Maxwell, Mayor �./ Councilmember 1913 February 22, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of February 22, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Cynthia Richardson, and Bud Rock. Absent: Terry Christiansen. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson moved, seconded by Mr. Rock to approve the minutes of February 7, 2005 and February 14, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. -Mayor/Council Communication Mayor Maxwell reported on the recent Association of Washington Cities Legislative Conference. He referred citizens to the State of Washington home page to view those Bilis in the process of moving through the Legislature. The Hot Line number is 1-800-562-6000; our representatives are motivated by constituent phone calls on legislative issues of significance to you. Mr. Jim Taylor, 301 5th Street, Chairman of the Tall Ships Committee, thanked the Mayor, City Council, and Museum Director Garry Cline for past support of the Tall Ships event. All monies donated for the proposed City of Anacortes Tall Ship activity have been returned; in any event it is hoped that some of the participating vessels in the July 6th ASTA event will find their way here to our beautiful City. Mr. Sizemore suggested that the Public Safety committee meeting be rescheduled; Mrs. Richardson referenced a recent Seattle Times article on Anacortes incorrectly identifying her as King County Councilwoman Cynthia Sullivan. Ordinance: Final 2004 Budqet Amendment Ms. Wanda Johnson, Finance Director, presented an Ordinance to Council for review. If adopted the Ordinance would represent the final amendment to the 2004 Budget; adjustments to the Tourism (135), Community Development (180), and Firemen's Pension (611) Funds were necessary in order to use certain additional funds for expenditures not anticipated with the adoption of the 2004 Budget. After discussion, Mr. Hoboy moved, seconded by Mr. Sizemore to adopt Ordinance No. 2690 entitled An Ordinance Amending Ordinance No. 2633 Approved and Adopted on November 3, 2003 and Entitled "An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the Year 2004." Vote: Ayes — Sizemore, Adams, Richardson, Rock, Hoboy, and Petrish. Motion carried. Ordinance: Interfund Short Term Loan for Cash Balances End 2004 Ms. Wanda Johnson, Finance Director, presented an Ordinance to Council or review. If adopted the Ordinance would approve a short-term loan from the General Fund 001 to the Preston Interpretative Center Construction Fund 355 in the amount of $126,000 for 11 days at a market interest rate of 5.5%. A Grant timing delay was the cause for the cash shortfall. With that, Mr. Rock moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2691 entitled "An Ordinance Authorizing a Short -Term Loan from the General Fund 001 to the Preston Interpretative Center Construction Fund 355 for $126,000." Vote: Ayes — Adams, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Critical Areas (Wetlands Ratina): Contract with ATSI Mr. Ian Munce, Planning Director, presented a Proposal for Work from Aqua-Terr Systems, Inc. (ATSI); the proposal estimates tasks, time, and costs necessary to assess wetlands (excluding the forest and parklands) within the City of Anacortes. The Department of Ecology August 2004 rating system will be used to categorize wetlands. Once this rating system is in place the Planning Director will meet with affected neighborhoods to discuss potential impacts to their properties based on assessment results. The project costs in the amount of $9,100 will be covered by a $15,000 grant from the State earmarked for just this type of reconnaissance work. Mr. Hoboy asked to strike the language regarding the 18% per annum late payment interest fee. With that change, Mr. Sizemore moved, seconded by Mr. Petrish, to authorize the Mayor to enter into a contract with ATSI for Critical Areas (Wetlands Rating) in the amount of $9,100. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Consent Aqenda Mr. Rock moved, seconded by Mr. Petrish to approve the following Consent Agenda item. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, and Richardson. Motion carried. 1914 February 22, 2005 -- 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 February 10, 2005 and February 17, 2005 for payment as of this date February 22, 2005. Claims Warrants for the month of February Warrant Numbers 30282 through 30451 in the total amount of $414,049.15 Prewritten Claims for the month of February Warrant Numbers 30280 through 30281 in the total amount of $13,092.37 Pavroll # 1 for February 15, 2005 in the total amount of $411,174.90 Warrant Numbers 26887 through 26947 in the total amount of $62,927.63 Direct Deposit Numbers 13756 through 13902 in the total amount of $226,848.51 EFT Numbers 389 through 393 in the total amount of $121,398.76 Cancelled Claims Warrant Number 29816 in the amount of $207.64 and Claims Warrant Number 29856 in the amount of $104.00 In the same motion Council: Adopted Resolution No. 1698 setting March 21, 2005 as the Public Hearing date on a Petition to Vacate the alley between Blocks 1513 and 1512, Northern Pacific Addition; and Accepted as Complete the 2003 Marine Drive Safety Improvement project, 03-024-TRN-001 with Callen Construction, Inc. Selection: Cap Sante Historic Propertv Survev Consultant Mr. Garry Cline, Museum Director and Liaison to the Historic Preservation Board, addressed the Council and audience. He reported that the Board received a grant from the State Department of Trade and Economic Development for a survey of historic properties in the Cap Sante neighborhood. Koler & Associates were selected by the Board to prepare the survey in an amount not to exceed $7,984. With that, Mrs. Richardson moved, seconded by Mr. Adams to authorize the Mayor to enter into a Consulting Services Agreement with Koler & Associates for the Cap Sante Historic Property Survey. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Richardson, and Rock. Motion carried. Rock Ridqe South 10 -Year Monitorinq Plan Mrs. Richardson excused herself from deliberation on this matter. Mr. Bob Hyde, Director of Public Works, reviewed Condition # 40 of the Rock Ridge South Preliminary Plat: "No construction shall begin without a 10 -year water quality management plan and implementation program being approved by the City Council. This plan and program shall be undertaken by an independent consultant retained by the City and paid by the applicant. It shall detail the current water quality in the Cranberry Lake Watershed and then describe a process for periodic monitoring and review by the City Council and specific remedial actions that will be taken if any significant water quality degradation is documented to have occurred as a result of the Rock Ridge South plat; public comment will be solicited on all phases of the water quality program." In that regard the City contracted with Gray and Osborne to develop this monitoring plan. The baseline work is complete; construction monitoring will begin this summer. The proponent will pay for all expenses. On a question from Mr. Hoboy, the Consulting Engineering answered questions on the baseline elements to be monitored. With that, Mr. Sizemore moved, seconded by Mr. Petrish, to approve the Gray and Osborne Rock Ridge South 10 -Year Monitoring Plan. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Motion carried. Findinqs of Fact and Conclusions of Law: The Isles Final Development Plan Mr. Ian Munce, Planning Director, presented the Findings of Fact and Conclusions of Law for The Isles Final Development Plan (FDP). Mr. Munce explained that Council previously approved the Preliminary Development Plan (subject to conditions) for the 17 -lot Isles Planned Unit Development located at West 2nd Street and Anacopper Road. At that Preliminary Development Plan stage the developer, Mr. Pete Peterson, raised concerns over development issues brought about by the conditions imposed. Mr. Peterson did eventually move his project through the Final Development Plan phase with the Planning Commission. At that time the Commission addressed the pedestrian connection and recommended support of the applicant's proposal to take a 5' trail from Isle Way to Oakes Avenue; however, all other remaining financial issues associated with off-site road improvements were forwarded to Council for disposition. Mr. Munce then summarized the outstanding concerns: Council recommended a Ohio connection to West 3rd Street, (2) development of Kansas to Oakes as the preferred collector with a left turn lane and channelization plan as an overall City system improvement — our contribution; (3) the Applicant would be required to develop Ohio; applicant requested matching Ohio development to the proposed 28' internal street pattern; (4) applicant is required to develop West 2nd to full city standards - curb, gutter, sidewalks on both sides - with a 1915 February 22, 2005 -- continued Latecomer's Agreement; applicant requested curb, gutter, sidewalk on one side and leave the north side unfinished; developer responsibility for developing a portion of Kansas to City standards, the applicant recommended a street vacation of portions of West 2nd and New York Avenues utilities with associated compensation for the vacated right-of-way to be used toward Kansas development. Mr. Pete Peterson, applicant, discussed the appropriateness of continuing 28' road width dimensions to match adjacent streets; described his proposed compensation proposal for vacated West 2nd and Ohio (approximately $98,000 for both); Anacopper access is preferred for the Hamel property — if the vacations are approved no new lots will be created except for Mr. Hamel's home site; applicant agreed to save 4 trees along Oakes. Mr. Peterson discussed guest parking in answer to Mrs. Richardson's questions. Mr. Bob Hyde, Director of Public Works, stated that negotiations have progressed: the project now includes a 28' Ohio Avenue connection, public access, public loop road, West 2nd connection, and Kansas improvements. Mr. Hyde clarified that Mr. Peterson has assumed that the Hamel and West 2nd right-of-way vacations have been part of the project development. The West 2nd Ohio vacation is approximately 21,290 square feet with a gain of 24,930 square feet with the loop road; applicant suggests Kansas improvements to almost full standards would be approximately $95,000 — the City costs would run from $120,000 to $140,000. Mrs. Richardson emphasized that sidewalks should be installed on both sides of Kansas. Mr. Hoboy asked for a more thorough financial analysis of the vacation compensation amounts, for an explanation of the Ohio storm sewer drain from the Homestead development, and for clarification on setbacks for homes abutting Ohio. West 2nd will be developed to full City standards. Mr. Munce explained that a Development Agreement reflecting these issues will be brought back to Council. Mr. Sizemore asked for street width clarification Approve Marine Drive Phase II Consultant Contract Mr. Bob Hyde, Director of Public Works, presented a proposed Design Contract with Leonard, Boudinot, and Skodje for the Anaco Beach Lower Curve project. This road section is a safety concern for those living in the vicinity; the project will rebuild a wider, banked curve, connect the bike lanes, and enclose the storm drainage system. The City will finance approximately 70% of the project with the balance contributed by adjacent property developers; the contract amount is not to exceed $35,500.00. Discussion followed regarding design issues. With that, Mr. Sizemore moved, seconded by Mr. Hoboy, to authorize the Mayor to enter into a Design Contract with Leonard, Boudinot, & Skodje for the Anaco Beach Lower curve project in an amount not to exceed $35,500. Vote: Ayes — Sizemore, Adams, Richardson, Rock, Hoboy, and Petrish. Motion carried. Public Hearinq: Proposed 2004 Comprehensive Plan and Development Requlations Revisions Mr. Ian Munce, Planning Director, explained that the City is required by the Growth Management Act to conduct annual reviews of our Comprehensive Plan and Development Regulations. March 31, 2004 was the deadline for submittals from citizens, staff, and Council; 13 issues are now before Council for final public input. Previously, Public Hearings were held before the Planning Commission and all exhibits and minutes of those proceedings were forwarded to Council prior to this evening's activity. Once additional comments have been offered the Public Hearing will be closed. A Study Session will then be held; SEPA review and a 60 -day State agency comment period will follow. With that, Mayor Maxwell opened the Public Hearing to take final public testimony on the proposed 2004 Comprehensive Plan and Development Regulations. Mr. Munce then briefed the Council on each proposed revision: 1. Zoning language changes primarily for clarification/correction and State Law updates. No further public comment. 2. Rezone application - withdrawn 3. Add "Cottage Housing" provisions to Zoning Ordinance No further public comment. 4. Add 85 acres to Anacortes' Urban Growth Area and designate as Light Manufacturing Planning Commission recommended against — no allocation available. No further public comment. 5. Add "Design Review" procedures to Zoning Ordinance and Comprehensive Plan No further public comment. 6. Restrict fences/wall height on Oakes Avenue No further public comment. 7. Amend Chapter 16.12.0306 and C to allow for an extension of the time limit for preliminary plat approval No further public comment. 1916 February 22, 2005 -- continued 8. Change the reference to anything larger than "single-family" to "multi -family" rather than "duplex", "triplex", and "fourplex". No further public comment. 9. Add "Habitat Conservation" policies and regulations to the Shoreline Master Plan Mr. Ross O. Barnes, 1004 7th St., spoke on behalf of the Evergreen Islands Officers. Mr. Barnes suggested the following language changes to the proposed policies and regulations: change "areas" to "beaches"; he emphasized the significance of referencing Figure 9, Appendix A of the Habitat Restoration Plan; revise "above grade and on -grade structures including paved pathways should be located..." item b should include some an appropriate degree of shade cover over the upper beach; add "big leaf maple, red alder, or salt -tolerant species growing or planted such that the tree canopies provide a minimum of 50% of mottled shade cover - see Exhibit A 1."; "Native shoreline shrubs should also be retained or enhanced';. He then used an overhead display of Exhibit A 1 and highlighted issues. He explained that the 25' buffer protects root zone of trees. Mr. Barnes asked how will the Comprehensive Plan language will be applied to Shoreline issues. Mr. Brian Wetcher, 814 26th St., Evergreen Island Board member, supported clear habitat preservation regulations and effective protection. 10. Amend the definition of Height. Buildinq to include provisions for adding fill. Mr. Tom Preston, 1905 Anacopper, spoke in favor of the proposal. Mr. Ross Barnes, 1004 7th Street, suggested considering significant "cuts" and well as significant "fill" in determining building height language. 11. Revise "Natural Hazard Reduction" section to "Hazard Reduction" and add goals and policies for major industries. No further public comment. 12. Add a "Tree Conservation" section to Municipal Code. Mr. Tom Preston, 1905 Anacopper, spoke in favor of establishing a Citizens Advisory Committee. Mr. Jim Taylor, 301 5th St., spoke in favor of the tree enhancement and preservation regulations. Ms. Phyllis Dolph, 2320 26th St., started the tree conservation movement two years ago and urged Council to protect our invaluable resources. Mr. Torolf Torgersen, 2912 Paisley Place, urged Council to adopt a tree Ordinance. Mr. Herschel Janz, 1120 King Street, on behalf of the Anacortes Community Forestlands, spoke in favor of continued support for a program to eradicate invasive weeds in the forestlands. Ms. May Haley, 1804 Lea Place, spoke in support of adopting the tree conservation language. Mr. Brian Wetcher, 814 26th St., Chairman of the Street Tree Committee, spoke in favor of adopting a tree conservation section of the Municipal Code. Ms. Rosemary Jensen, Fidalgo Island, spoke in favor of policies to regulate the preservation of trees. Ms. Sally Turner, 13275 Goodman Lane, spoke in favor of the tree ordinance legislation and suggested that developers can incorporate these concerns into their plans. Mr. Andy Stewart, 2003 "M" Avenue, representing Friends of the Forest, spoke in favor of adopting the Tree Conservation language and discussed preserving natural corridors. 13. Clarify language in Manufacturing and Shipping Zone with regard to rebuilding single-family residences in case of disaster. No further public comment. 14. Add an "Open Space Connectivity" section to General Goals in the Comprehensive Plan. Mr. J.B. Smith, 4014 3rd St., spoke in favor of the tree ordinance and open space General Goal. Mayor Maxwell suggested public comment on upcoming legislation requiring 4 units per acre, a development restriction not appropriate for our community. Mr. Ross O. Barnes, 1004 7th St., on behalf of Evergreen Islands, spoke in favor adopting the open space connectivity language, pointed out typographical errors, and recommended forming a citizens advisory committee. Ms. Joan McGee, 11284 Marine Drive, representing Skagit Audubon, spoke in favor of this addition to the Comprehensive Plan. Mr. Brian Wetcher, 814 26th St., spoke in favor of the open space legislation. There were no further public comments and the Mayor declared the Public Hearing closed. At approximately 10:45 p.m. the Mayor announced that this meeting is continued to Monday, February 28, 2005 for the purpose of continuing the deliberation/decision portion of the Freeman Airport Hangar Conditional Use Application. Wanda P. Johnson, City Jerk -Treasurer H. Dean Maxwell, Mayor Councilmember 1917 February 28, 2005 -- Continued from February 22, 2005 At 7:30 p.m. Mayor Maxwell reconvened the continued meeting of February 22, 2005. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, and Cynthia Richardson. Absent: Bud Rock. -DeliberationlDecision Conditional Use: Hangars at Airport Mr. Hoboy stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, recapped the context of this application. In the past, a dispute between the Port and City over conflicting and overlapping authorities was settled by a court decision stipulating that the Port of Anacortes was responsible exclusively for operations, safety, and noise emission at the Anacortes Airport. Additionally, the City is empowered to handle noise mitigation, and to mitigate for the impacts of having the airport in our community, i.e., setbacks, landscaping issues, buffers, and aesthetics. In that regard, the Port conducted an extensive SEPA analysis for the two hangar buildings proposed by 480 North Aviation. At the request of the City the Port worked with the hangar developers on a series of conditions and issued a Mitigated Declaration of Non -significance subject to several requirements. The Planning Commission reviewed this matter in Public Hearing and recommended approval subject to conditions; five appeals were filed. As an aside, Mr. Munce pointed out that a draft airport subarea plan and zoning regulations are now available for public review; many of the hangar appeal issues center on those area -wide questions under consideration. However, the City cannot delay disposition of the hangar Land Use Permit while are the subarea plan Public Hearings are conducted and approvals sought. Mr. Munce further clarified that the project, as proposed, meets the City's Municipal Code statutes with regard to landscaping and parking. With regard to the run-up structure and wood fence, the Planning Commission recommended additional engineering design for those facilities and referred the matter back to the Port rather than adding those facilities as conditions. Again, Mr. Munce suggested that these issues would best be addressed during the sub -area plan negotiations. Mrs. Richardson suggested modifications to the Planning Commission recommendations as follows: include visual screening for residences south of the proposed new hangars; include proviso that lighting shall be shielded to minimize or eliminate glare to residential properties; add a condition regarding insulation for hangar walls and ceilings; add a condition regarding installation of a sound barrier; delete condition related to impact fees for a monitoring program; delete condition # 10 related to the run-up area"; and Condition # 6 shall read: "parking shall be provided and located as required under current parking ordinance. Mrs. Richardson then elaborated on each issue. Mr. Sizemore and Mr. Christiansen spoke against requiring insulation; Mr. Christiansen explained that landscaping near an airport must be strictly considered in regard to airport safety issues; landscaping along property lines would be more appropriate. After discussion on all issues, Mr. Sizemore moved, seconded by Mr. Christiansen to approve the Conditional Use Application to construct 2 hangars at the Anacortes Airport subject to the Findings of Fact and Conclusions of Law and Conditions recommended by the Planning Commission subject to the following amendments/deletions. With regard to the appeals: to the extent that the appeals were addressed in the revised conditions the appeals were granted; to the extent that the issues weren't addressed the appeals were denied. 6. Parking shall be provided and located as required under current parking ordinance. 9. Landscaping and screening shall be provided as required by City Ordinances including visual screening for residences south of the proposed new hangars. (The requirement for Planning Commission approval of the landscaping plan was dropped.) 15. Lighting on hangar exterior walls shall be the minimum necessary for safe operations and shall be shielded to minimize or eliminate glare to residential properties. - Proposed condition 21 re: insulation — deleted - not part of the hangar project - Proposed condition 29 re: sound barrier — deleted - not part of the hangar project - Proposed condition recommended by the Planning Commission for impact fees for a Port developed monitoring program — deleted — not part of the hangar project - Eliminate Condition # 10 related to the run-up area. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. At approximately 8:30 p.m. the Mayor adjourned the continued meeting of February 22, 2005. Momkib OAM/a� -N 40a. -Y� - Wanda P. Johnson CityClerk-Treasurer . 6an Maxwell, Maya i Councilmern r 1918 March 7, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of March 7, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Ray Sizemore. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq The minutes of February 22, 2005 and February 28, 2005 will be reviewed on March 14, 2005. Additionally, this meeting will be continued to March 14th to review the Cox Development Proposal for the Packard property, and the Development Agreement for the Isles Planned Unit Development. Citizen Hearings No citizens present wished to testify on matters not on the agenda. r'"or/Council Communication,' The Mayor referred the public to a recent Seattle Times article highlighting the City of Anacortes; additionally the City of Anacortes, Skagit County, and San Juan County will be featured in the March edition of CEO Magazine, www.ceomagazine.com. Ordinance Implementing Plan: Heart Lake Mr. Ian Munce, City Attorney, presented an Ordinance to Council for review and adoption. If approved the Ordinance would include regulations from the Heart Lake Management Plan recently adopted by Council. With this new language use of watercraft of any kind on Heart Lake in excess of 5 miles per hour shall be unlawful; additionally, the City Council may authorize special events involving boat racing once a year only, and only through the year 2007. The Council asked that this item be brought back for discussion; in preparation they asked to review copies of Ordinance 2401 and the appropriate sections from the Management Plan. Findings of Fact and Conclusions of Law: Conditional Use - Hangars at Anacortes Airport Mr. Ian Munce, City Attorney, presented the Findings of Fact and Conclusions of Law for the 480 North Aviation Conditional Use Permit to construct two hangars at the Anacortes Airport. The Findings memorialize the conditions as discussed and set by Council. A review of airport noise standards followed. After discussion, Mrs. Richardson moved, seconded by Mr. Petrish, to adopt the Findings of Fact and Conclusions of Law for the Conditional Use permit for the construction of two hangars at the Anacortes Airport subject to conditions detailed in the Findings of Fact. Vote: Ayes — Petrish, Adams, Christiansen, Richardson, and Rock. Abstain: Hoboy. Motion carried. Rock Ridqe South Prooertv Sale Mrs. Richardson stepped down from deliberation on this matter. Mr. Gary Robinson, Director of Parks and Recreation, presented a proposal from the Rock Ridge South development for the purchase of a City -owned .75 -acre parcel in the middle of the Rock Ridge South development. This matter was previously reviewed in Executive and Study sessions. The Rock Ridge South owner, Mr. Tony Malo, offered $94,000 for this parcel. Discussion followed regarding time frame for payment. With that, Mr. Christiansen moved, seconded by Mr. Adams, to authorize staff to prepare the necessary documents for the sale of .75 acres to Rock Ridge South in the amount of $94,000 with a closing date of June 30, 2005. Vote: Ayes — Adams, Christiansen, Rock, Hoboy, and Petrish. Motion carried. Mrs. Richardson returned to the Council Chambers. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Hoboy to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, and Adams. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 24, 2005 and March 3, 2005 for payment as of this date March 7, 2005. Claims Warrants for the month of March Warrant Numbers 30454 through 30613 in the total amount of $226,256.65 Prewritten Claims for the month of March Warrant Number 30453 in the total amount of $149,200.06 Pavroll # 1 for February 28, 2005 in the total amount of $574,814.50 Warrant Numbers 26949 through 27019 in the total amount of $218,957.59 Direct Deposit Numbers 13903 through 14008 in the total amount of $230,046.13 EFT Numbers 391 through 397 in the total amount of $125,810.78 In the same motion Council: Accepted as complete the construction contract with Award Construction for the Thompson Trail from 34th Street to the Trestle; and Approved the use of unspent 2004 funds from the Museum/Preston budget for the interpretive center security system, first phase of exhibits, and related needs. 1919 March 7, 2005 -- continued Closed Record Meetinq: Conditional Use — 4-plex - Herrigstad Mayor Maxwell initiated the Closed Record review on a Conditional Use Application submitted by Dale Herrigstad for construction of a four-plex generally located at the southeast corner of 20th Street and "H" Avenue. Mr. Ian Munce, Planning Director, explained that the 4-plex is an "in -fill" proposal; he used an overhead to show the High School property to the north and the Jenkins 4 -lot short plat to the west; the short plat includes a cul-de-sac to be constructed with access from "H" avenue. Access to the 4-plex will be from both this cul-de-sac and from 20th street. The Planning Commission held Public Hearings on this application; there was no neighborhood testimony and no appeals were filed. As part of the project approval the applicant has agreed to put in- a retaining wall and fence; approval is subject to an agreement with the School District regarding stormwater management. Appropriate fire apparatus access is available and four additional off-street parking places will be required as well. The Planning Commission recommended approval subject to these together with standard conditions. Discussion followed regarding development in this area, geotechnical standards, and the 4-plex layout in relationship to the neighborhood. With that, Mrs. Richardson moved, seconded by Mr. Adams, to approve the Herrigstad 4-plex Conditional Use Permit and to adopt the Findings of Fact and Conclusions of Law. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Adams, and Christiansen. Motion carried. Animal Control Moos) Mr. Ian Munce, City Attorney, presented an Ordinance to Council that would make it a violation of the Municipal Code: to fail to remove the fecal matter deposited by one's dog on public or private property; to fail to have the necessary equipment on hand to remove the fecal matter; to fail to provide treatment for a dog afflicted with any infectious or contagious disease; and to let the diseased animal run at large, come in contact with other dogs, or drink at any water source accessible to other dogs. The Public Safety Committee recommended adoption of this Ordinance. Discussion with Police Chief King followed regarding enforcement. Mr. Rock suggested a 30 -day effective date in order to notify the community of this new legislation; Council agreed to this proposal. The cat issue was also brought up. With that, Mrs. Richardson moved, seconded by Hoboy, to adopt Ordinance No. 2692 entitled "An Ordinance Adding to Chapter 6.16 of the Anacortes Municipal Code for Animal Control and Offenses, Setting Forth Requirements for Safety and Sanitation". Vote: Ayes — Rock, Hoboy, Petrish, Adams, Christiansen, and Richardson. Animal Licensinq (Dogsl Mr. Ian Munce, City Attorney, presented an Ordinance to Council amending the fees provided for dog licenses. Licensing fees have not been raised sine 1978; new license fees for sterilized dogs shall be $5.00; the fee for non -sterilized dogs shall be $15.00. The effective date for this Ordinance will be December 1, 2005 for the sale of 2006 (and every year thereafter) licenses. Discussion followed regarding the fee schedule and the overall benefit of licensing dogs. After discussion, Mr. Adams moved, seconded by Mr. Rock to adopt Ordinance No. 2693 entitled "An Ordinance Amending that Certain Portion of Ordinance No. 1717 on Animal Licensing Fee Requirements." Vote: Ayes — Hoboy, Petrish, Adams, Christiansen, Richardson, and Rock. Motion carried. 2005 CBD Sidewalk Replacement Mr. Bob Hyde, Director of Public Works, presented discussion on another segment of the multi-year sidewalk replacement program along Commercial Avenue through the Central Business District. This year the area will be between 10t and 11th Streets on Commercial. Part of the project includes accommodation for the arch at 11th and Commercial. Low bid was received from Island Construction, Oak Harbor at $178,483.00 excluding tax. After discussion, Mr. Christiansen moved, seconded by Mr. Rock, to award the 2005 CBD Sidewalk Replacement project to Island Construction in the amount of $178,483.00 excluding tax. Vote; Ayes — Petrish, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. At approximately 8:45 p.m. the Mayor announced that this meeting is continued to Monday, March 14, 2005 for the purpose of reviewing the Cox Development Proposal for the Packard property, the Development Agreement for the Isles Planned Unit Development, and the minutes of February 22nd and 28m oti,,vx b Nn� I 7^/1_1� Wanda P. Johnson, C Clerk -Treasurer H. Dean Maxwell, Mayor Councilmember 1920 March 14, 2005 -- Continued from March 7, 2005 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Nick Petrish, Terry Christiansen, Ray Sizemore, Cynthia Richardson, Loren Hoboy, Bud Rock, and Brad Adams. Minutes of Previous Meetinqs The Minutes of February 22 and February 28 meetings were approved on a motion by Mr. Petrish, seconded by Mr. Sizemore; Councilmembers Christiansen and Rock abstained as to the February 22, 2005 minutes. Approval of Findinqs of Fact and Conclusions of Law and Development Agreement: The Isles Planned Unit Development The Planning Director, Mr. Ian Munce, presented Draft Findings of Fact and Conclusions of Law, together with a Development Agreement between the City and the applicant. Mr. Munce explained that the hearing process was concluded, preliminary PUD approval had been granted, and that final PUD approval continued to be a matter of concern for the City Council. Accordingly, after the last meeting of the City Council on this matter he had prepared a draft agreement with the applicant providing clarity on additional issues. Mr. Munce added that Condition #3 in the draft agreement would be expanded to make it clear that all necessary signatures needed to be secured. After discussion, Ms. Richardson moved that the Final Development Plan be approved together with the Development Agreement with the addition of a condition that the large evergreen trees between The Isles Place and Oakes Avenue be retained. The motion was seconded by Mr. Petrish. Vote: Ayes — Richardson, Petrish, and Rock. No — Sizemore, Adams, Christiansen, and Hoboy. The motion failed. Mr. Hoboy then moved that the Final Development Plan be approved with an additional condition in the Development Agreement, namely that all buildings shall be set back ten feet from the Ohio Avenue street. The motion was seconded by Mr. Richardson. Vote: Ayes — Hoboy, Richardson, Petrish, and Rock. No — Sizemore, Adams, and Christiansen. The motion passed. Site and Off -Site Improvements: Packard Proiect The City Council then turned to discussion of site and off-site improvements for the Packard Project in the Cap Sante neighborhood at 5th Street. The staff reviewed the issues and options before the Council. The Council then discussed these issues with the neighbors. The Council was generally of the opinion that the infrastructure standards needed be adjusted in a way that would fit the character of the neighborhood. In this particular case they concluded this involved the following: a 24 -foot asphalt street rather than the standard 32 feet, a meandering asphalt pathway in place of the standard city sidewalk, open ditches with bio -filtration swales rather than curb and gutter with enclosed storm pipe, a private 20 -foot wide fire access road through the project rather than a minimum 90 -foot diameter cul-de-sac, and restoration of the preexisting, minimal trail to the beach. This action was taken on a motion by Mr. Adams, seconded by Ms. Richardson, and passed unanimously. Resolution: Opposing Substitute House Bill 1009 "Allowing Electric Pavment of Utilitv Bills Mr. Christiansen then introduced a resolution opposing Substitute House Bill 1009. This legislative proposal would mandate that the City accept electronic bill payment. The draft resolution urges the Legislature not to mandate this but, rather, leave this to the local elected officials to decide with their constituents. After discussion, Mr. Christiansen moved that Resolution #1699, entitled "Opposing Substitute House Bill 1009 Allowing Electric Payment of Utility Bills" be adopted. The motion was seconded by Mr. Hoboy and passed unanimously. Airport Sub -Area Plan/Zoninq/Development Aqreement Mr. Ian Munce, Planning Director, explained that a public hearing for this subject had been scheduled for March 21. Mr. Munce asked that the Council continue this meeting to March 22, 2005 to deliberate and take action on this matter. The Council agreed to do so. The meeting adjourned at approximately 8:30 p.m. _05JVV& P 6" Wanda P. Johnson, City �lerk-Treasurer H. Dean Maxwell, Mayor ouncilmember 1921 March 21, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of March 21, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Sizemore, to approve the minutes of March 7, 2005 and March 14, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication .. <, , The Mayor introduced Mr. Adrian Moore, recipient of the Mayor's Award of Merit. The Mayor then recapped Mr. Moore's outstanding and diligent performance in the Public Works Department as Public Works Supervisor for the Water Maintenance Division. Of particular note are Mr. Moore's professionalism, dedication, courtesy, work ethic, customer service, and attention to detail. Mr. Moore accepted a gift certificate to a local restaurant; his name will be added to a commemorative plaque at City Hall. Highland Acres Preliminary Plat: Request for one-vear Extension Mr. Ian Munce, City Attorney, introduced a request for final plat time extension. By way of background, Mr. Munce explained that Council approved the Highland Acres preliminary plat on June 14, 2000; the Subdivision Ordinance requires that a final plat shall be submitted to the Council within 5 years of the approval date. The principals are ready to move ahead with construction permits; if the one-year extension is approved no further time extensions may be granted. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the one-year time extension to June 14, 2006 for the Highland Acres Final Plat submittal. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 10, 2005 and March 17, 2005 for payment as of this date March 21, 2005. Claims Warrants for the month of March Warrant Numbers 30618 through 30831 in the total amount of $844,481.45 Prewritten Claims for the month of March Warrant Number 30614 through 30617 in the total amount of $141,814.43 Pavroll # 1 for March 15, 2005 in the total amount of $415,010.82 Warrant Numbers 27020 through 27081 in the total amount of $64,290.32 Direct Deposit Numbers 14068 through 14212 in the total amount of $228,329.44 EFT Numbers 398 through 402 in the total amount of $122,391.06 In the same motion Council: Adopted Resolution No. 1700 setting a Public Hearing date of April 18, 2005 on a Petition to vacate a portion of the alley in Block 4, Seattle Syndicate Addition to the City of Anacortes. Safety Incentive Award Proqram: Ordinance Ms. Emily Schuh, Human Resources Director, presented an Ordinance to Council for review and adoption. Ms. Schuh reported that the City does not have an incentive program in place to recognize employee suggestions regarding improved safety. The program costs are minimal with an annual budget of $125 for savings bonds. Mrs. Richardson supported the project and moved to adopt Ordinance No. 2694 entitled "An Ordinance of the City Council of the City of Anacortes Authorizing the Establishment of a Safety Suggestion Incentive Program for Employees". Mr. Adams seconded the motion. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Public Hearinq: Vacation: Allev — Block 1512, 1513 Northern Pacific Addition — Click Mayor Maxwell opened the Public Hearing to take public testimony on a Petition to Vacate the alley lying between Blocks 1512 and 1513, Northern Pacific Addition to the City of Anacortes; Mr. Randy Click is the petitioner. Mr. Ian Munce, Planning Director, explained that this piece and a number of other parcels in Anacortes are subject to anomalies caused by our century -old grid system; case in point, the alley between Blocks 1512, and 1513 backs up to the Copper Pond development. The Board of Adjustment also held a Public Hearing on this matter with notification of property owners within 300' of the subject alley; both staff and Board recommend approval of the vacation. Compensation for the right-of-way will be calculated at fair market value. Mr. Randy Click, 806 Haddon Road, petitioner, added that there is a 30' buffer between the Copper Pond project and his property. There were no further comments and the Mayor declared the Public Hearing closed. 1922 March 21, 2005 -- continued After discussion, Mr. Christiansen moved, seconded by Sizemore, to approve the vacation of the alley lying between Lots 1-5, Block 1513 and Lots 1-16, Block 1512, Northern Pacific Addition to the City of Anacortes. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. The City Attorney will finalize the vacation process with an Ordinance and compensation amount for Council adoption. Closed Record Meetinq: The Breeze Preliminary Plat Mrs. Richardson stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, presented an overhead showing the Breeze 6 -lot residential subdivision and road dedication project on 2.6 acres in the Anaco Beach Addition. The lots are larger than what would be required under current zoning; applicants have agreed to contribute their share of the lower Anaco Beach Road safety improvement project costs. The Planning Commission held a Public Hearing on this matter over two evenings and all exhibits and transcripts were forwarded to Council. The Commission voted to recommended approval of the project subject to 33 conditions. Condition # 26 calls for a 20' wide public sanitary sewer and utilities easement adjacent to Lots 3 and 4; the applicant appealed this condition. Mr. Bill Turner, 13725 Goodman Lane, is owner and developer of this property. Mr. Turner referenced his March 2, 2005 letter to the Council outlining the Turners objection to Condition # 26; Mr. Turner characterized that condition as using 2,700 square feet of their private property for a sewer and utility easement for the exclusive benefit of adjacent property owners. Mr. Turner emphasized that those adjacent properties already have legal and practical access to an existing sewer main. Mr. Turner also reported that negotiations with neighbors to develop cooperative development strategies and appropriate compensation have stalled; further if a Latecomer's Agreement can be developed the Turners would support that option. Mr. Bob Hyde, Director of Public Works, voiced appreciation for the cooperation and input from the Turners on the development of this subdivision. Mr. Hyde then reviewed the infrastructure in the Anaco Beach area. He also pointed out that the need to pump up to a future sewer line in Marine Drive could prove difficult and costly for future development; however, staff would support a Latecomer's Agreement for the easement and for the sewer line. After discussion, Mr. Adams moved, seconded by Mr. Rock, to grant the Turner appeal thereby deleting Condition # 26 and to approve The Breeze, a 6 -lot subdivision subject to the Findings of Fact and Conclusions of Law as amended. Mr. Hoboy spoke against the motion. Vote: Ayes — Rock, Petrish, Sizemore, Adams, and Christiansen. No — Hoboy. Motion carried. Mrs. Richardson returned to her seat. Authorization to Submit Request for Proposal for Fire and EMS Consultant Fire Chief Richard Curtis presented a request to Council for authorization to initiate Request for Proposals for a fire and EMS consultant. The Chief explained that the City of Anacortes and Fire Districts on Fidalgo Island have been planning together to share resources and coordinate services in order to reduce costs and improve service. The consultant would assist in formalizing these plans. Highlighted tasks will be training and co -locating services at March Point. Due to the complexity of working with several jurisdictions it is anticipated consultant services will run approximately $30,000. The Mayor highlighted that cooperative agreements with EMS could cut advance life support response time to Shelter Bay. Mr. Sizemore, on behalf of the Public Safety Committee spoke in favor of this cooperative effort and moved to authorize the Mayor to initiate a Request for Proposals, and to disburse the bequest of approximately $30,000 for consultant services necessary for the development of a Fire/EMS strategic plan and cooperative study. Mrs. Richardson seconded the motion. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Public Hearing: Anacortes Airport Sub -Area Plan, Zoninq, and Development Aqreement Mayor Maxwell opened the Public Hearing to take public comment on the Anacortes Airport Sub -Area Plan, Zoning, and Development Agreement. Mr. Hoboy announced that he would not be participating in the discussion or vote on the Development Agreement but he will be take part in the Sub -Area Plan portion of this Hearing; he shared that he participated in discussions with community members as their questions relate to these planning matters. The Mayor then outlined the Public Hearing format: Council will hear from the Planning Director, the Port's Executive Director, the Port's attorney, and from the public. After all comments have been made the Hearing will be closed. Mr. Ian Munce, Planning Director, was the first to speak. He addressed the Council and audience explaining that the Council agreed to close the public hearing at the conclusion of this evening's testimony; the meeting will be continued to the following evening, March 22"d, for deliberation and to review project details. The matter now before Council is the culmination of 5 years of a community planning process. The City is required to update its Comprehensive Plan and development regulations annually; this year's review has included the development of a Critical Areas Ordinance as well as the airport zoning language. These annual updates give the entire community the opportunity to address community development issues. Currently the City is operating under interim airport zoning in addition to operating under a Superior Court ruling regarding the Port and City division of responsibilities with respect to airport operations and mitigation. The Court also urged the Port and City to work cooperatively utilizing the Port/City Liaison committee to resolve rather than litigate outstanding issues. The Sub -Area Plan now before Council represents efforts to conclude all outstanding issues including permanent zoning language to designate Port -owned airport property as an aeronautical zone together with associated policies and regulations. Mr. Munce then outlined the specific zoning issues. The Port secured funding from the FAA to install a fence; building permits for the fence were appealed and litigation followed. Over time the Port and City have created a 20 -year development agreement with a permanent buffer along the southeast side of the Airport; Mr. Munce also pointed out that the agreement term limit is still under Council review. The Planning Commission reviewed all agreement drafts and recommended in favor of the longer-term plan. Also, as part of this package of agreements the Port will mitigate both on and off- site for those trees in the wetland or wetland buffer removed for safety reasons. 1923 March 21, 2005 -- continued First recognizing the detailed work performed by the Port in support of this cooperative effort, Mr. Munce introduced Mr. Dan Stahl, Port Director. Mr. Stahl addressed the Mayor, Council, and audience, and spoke in support of the proposal now before Council. He referred to the intense negotiations held between the Port, City, and FAA to gather support for our mutual interests. The Plan and Agreement documents now before Council were approved by the Port Commission. Mr. Stahl explained the de - obligation process necessary to bring the buffer into permanent status; proposed development and plantings will be phased with the FAA sharing in potential costs. Mr. Stahl concluded with assurances that this planning process will continue with the review/City liaison/public input format. Mr. Frank Chmelik, attorney for the Port of Anacortes, discussed the time constraints imposed by pending lawsuits; he also described those airport areas designated as transitional zones, approach zones, and those zones free of obstructions. He emphasized that FAA regulations require fencing; the agreement before Council speaks to the issues that will be addressed in the pending lawsuit. The Mayor then opened the meeting to public comment. Mr. Alan Workman, 4410 Bryce Drive, raised concern regarding unchecked development of aircraft operations without community comment. He suggested Council send the Plan back to the Port and recommended noise and safety mitigation measures and appointment of a citizen's advisory committee. Ms. Marlene Deaton, 4405 Kingsway, Citizens for Anacortes, spoke about the draft review process and objected to the lack of West End representation in this evening's review. Mr. George Hatfield, 4110 Kingsway, spoke in favor of the Plan but expressed concern over the buffer and how it is defined in the Plan documents; he asked for clarification on what specifically can be placed in the buffer and asked for clearer definitions. Ms. Phyllis Dolph, 2320 26th St., emphasized that the discussion was still open on the removal of mature trees at the airport; she suggested that the proposed mitigation is not sufficient for habitat replacement. She reminded the audience that mature trees provide noise mitigation. Mr. T.K. Wegg, 3816 Fidalgo Bay Road, said that the Plan does not contain language regarding the rights of airport users. Mr. Jim Falk, 5618 Heart Lake Place, Chairman of the Ship Harbor Interpretative Preserve, spoke in support of the Plan mitigation plan but suggested that the Port place the trees in areas other than Ship Harbor Area; the plantings would not be consistent with the Ship Harbor development plan already in place. Ms. Peg Emerson, 2706 Dundee Place, suggested that the Plan does not solve the issues of noise and safety. She asked for clarification of 'buffer'. Ms. Jane Lloyd, 2715 Washington Blvd., spoke against outside agencies mandating planning issues for this community. She suggested that: noise and safety issues have not been resolved through the proposed Plan; language is needed to emphasize that unlimited growth of the airport can not be supported; that references to "encouraging and promoting" should be studied; and that a community noise standard was omitted from the draft document. She asked the Council to take more time to review and deliberate. Ms. Constance Wray, 4307 Glasgow Way, suggested the Plan does not address future community needs. Mr. Bud Bourbeau, 4904 Heather Drive spoke in favor of insulating buildings against noise. Mr. Terry Meyers, 4020 West 6th St., suggested a correction on page 4 of the draft: "general aviation airport" should read commercial aviation airport. Ms. Annie Brogan, 4000 Airport Road, said that the FAA zoned airports for aeronautical use; a buffer is not an aeronautical use. Additionally trails should not be allowed. The cost of implementing this proposal is too high and questions still remain before adoption. Mr. David Alger, 4206 Tyler Way, stressed the need for the fence installation to safely separate aircraft operations. Mr. Dick Brittain, 4901 Doon Way, discussed his view of overreaching governmental agencies; airport operation complaints should be referred to FAA. He spoke against the Sub -area Plan and encouraged more review time. There were no further comments and the Mayor closed the Public Hearing. At approximately 9:45 p.m. the Mayor continued the meeting to Tuesday, March 22, 2005 for the purpose of deliberation on the Anacortes Airport Sub -Area Plan, Zoning, and Development Agreement. Wanda P. Johnson, City Clerk -Treasurer H. DeanMaxwell, Mayor Councilmember 1924 March 22, 2005 — Continued from March 21, 2005 Mayor Maxwell opened the continued public meeting of March 21, 2005 at 7:30 p.m in the Municipal Building Council Chambers. Roll call found present: Nick Petrish, Brad Adams, Loren Hoboy, Bud Rock, and Cynthia Richardson, Terry Christiansen and Ray Sizemore. Anacortes Airport Sub -area Plan, Zoninq and Development Aqreement Mayor Maxwell pointed out that the Council had held a public hearing the previous night on the Anacortes Airport Sub -Area Plan, Zoning, and Development agreement; that hearing was closed. The mayor added that the Council would be deliberating at this meeting on what action to take on these items. The Mayor and City Council worked through the sub -area plan and zoning documents section by section. The discussion and changes that they proposed are recorded and this recording is filed at City Hall. At approximately 10:00 p.m., the mayor continued this regular City Council meeting until March 28, 2005 at 7:30 p.m. in the Municipal Building Council Chambers. The Mayor added that at this time, the City should have some feedback from Port and City staff and a development agreement that incorporates the issues addressed during this Council meeting. Wanda P. Johnson, Ci Clerk -Treasurer H. Dean Maxwell, Mayor Councilmember March 28, 2005 -- Continued from March 21, 2005, March 22, 2005 The Mayor called the continued meeting to order at 7:30 p.m in the Municipal Building Council Chambers. Roll call found present: Nick Petrish, Brad Adams, Bud Rock, and Cynthia Richardson, Terry Christiansen and Ray Sizemore. Loren Hoboy was absent. Anacortes Airport Sub -area Plan, Zoninq and Development Aqreement The Mayor pointed out that the there were two ordinances under consideration that evening. The first ordinance was an interim ordinance adopting a sub -area plan for the Anacortes Airport, together with aeronautical zoning. The second ordinance was one adopting the development agreement that implements portions of the sub -area plan and zoning. The Planning Director, Ian Munce, summarized the process that had been followed to date. Individual Councilmembers then discussed the details of the ordinances and attachments. These proceedings are on tape and filed at City Hall. Councilmember Richardson proposed some specific changes and these were individually discussed by the City Council. After discussion, Mr. Sizemore moved that Ordinance No. 2695 adopting the Airport Sub -Area Plan and associated Aeronautical Zoning be adopted. The motion was seconded by Mr. Petrish, and passed unanimously. Mr. Sizemore then moved that Ordinance No. 2696 adopting a development agreement between the Port of Anacortes and the City of Anacortes relative to the Anacortes Airport be adopted. The motion was seconded by Mr. Petrish and passed unanimously. At approximately 9:00 p.m. the continued Council meeting of March 21, 22, and 28, 2005 was adjourned. A^ -A Wanda P. Johnson, C Clerk -Treasurer H. Dean Maxwell, May r /l�;Zouncilmember loe 1925 April 4, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of April 4, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq The Mayor reported that the March minutes will be available for Council action on April 18tH Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. ::Mayor/Council Communication, Mayor Maxwell read a Proclamation proclaiming Wednesday, April 13, 2005 as the City's celebration of Arbor Day, a day that has been set aside for planting and caring for trees. The Mayor invited everyone to participate in a tree planting ceremony at 12:30 p.m. at the Anacortes Middle School. Reappointment: Mr. Sizemore moved, seconded by Rock to confirm the reappointment of Mr. Bill Mihelich to the City of Anacortes Improvement Board. Mr. Petrish will forward a resume to Council for a potential Ward 1 representative on this Board. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Mayor Maxwell thanked Councilman Sizemore for his recent assistance in helping City crews move heavy beams from the W.T. Preston to the City shop. Mr. Hoboy asked for a report on a recent court hearing. Mr. Ian Munce, City Attorney, reported the results of a recent hearing date. The City was named in a lawsuit brought by the Airport Coalition in order to cut trees at the airport without benefit of review/permit process. The matter was brought before the Snohomish County Superior Court. The Judge was aware of the joint Port/City effort to put the airport dissent and controversy behind us; additionally, the Port pledged to get the fence up and trees in question down by this fall; these are the assurances the Court was looking for. The award in our favor was a clear endorsement for the Plan work done by Council and Port and further encouragement to move forward with implementation. Mrs. Richardson announced an upcoming community program "Honey I Shrunk the Lots". Having recently seen the presentation, Mrs. Richardson called it an inspiring discussion on different design approaches to housing. The event will be free and open to the public on Wednesday, May 4, at 7:00 p.m. in the Municipal Building Council Chambers; the meeting will be televised. Mr. Christiansen said he was looking forward to reviewing the Cemetery Master Plan. ConsentAgenda Mr. Christiansen moved, seconded by Mr. Hoboy to approve the following Consent Agenda items. Mr. Hoboy asked to remove item d: Amending Municipal Code re: MobilelManufactured Home Language from the Consent Agenda; he suggested that this matter be discussed during the annual Comp Plan and Development Regulation review cycle. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 24, 2005 and March 31, 2005 for payment as of this date April 4, 2005. Claims Warrants for the month of April Warrant Numbers 30833 through 31001 in the total amount of $440,084.59 Prewritten Claims for March 29, 2005 Warrant Number 30832 in the total amount of $234,763.08 Pavroll # 1 for March 31, 2005 in the total amount of $624,635.00 Warrant Numbers 27082 through 27154 in the total amount of $225,170.17 Direct Deposit Numbers 14213 through 14317 in the total amount of $229,244.90 EFT Numbers 380 through 406 in the total amount of $170,219.93 Cancelled Claims Warrant Number 30779 in the total amount of $411,175.64 In the same motion Council: Adopted Ordinance No. 2697 vacating the alley lying between Block 1512 and 1513, Northern Pacific Addition; Adopted Ordinance No. 2698 entitled "An Ordinance Amending Municipal Code Section 15.20.020 to Reflect Changes to Zoning Designation"; 1926 April 4, 2005 -- continued Approved the Anacortes Water Front Festival for May 21, 2005 and May 22, 2005 including street closures; parking restrictions, and Public Works services; and Approved the Shipwreck Days Street Fair Application for July 16, 2006 from 6:00 a.m. to 6:00 p.m. including street closures, parking restrictions, and public works services. Resolution: Authorization to Write-off Accounts Receivable Ms. Wanda Johnson, Finance Director, presented a Resolution to Council for review and adoption. Ms. Johnson explained that the Finance Department is asking for authorization to write off miscellaneous billing balances deemed uncollectable. Ms. Johnson then reviewed the various billings with Council. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Resolution No. 1701 entitled "A Resolution Authorizing the Write-off of Miscellaneous Billing Balances Deemed Uncollectable.' Vote: Ayes – Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Award Sunset Avenue Sidewalk/Widenina Design Contract Mr. Bob Hyde, Director of Public Works, presented a request for approval of the design contract for the Sunset Avenue Improvements. Mr. Hyde explained that the City received a grant to design pedestrian improvements along Sunset Avenue from Washington Park to Ferry Terminal Lane. Mr. Hyde characterized the narrow right-of-way and safety hazards associated with this section of Sunset Avenue. As part of the design development the City will initiate neighborhood meetings to discuss the needs of the area including bike paths and walkways. The proposed contract with Gray and Osborne Engineers will be for the pedestrian improvements. Grant monies will cover 80% of the total design cots with the remaining 20% to be funded by the City. Discussion followed regarding design issues. With that, Mr. Adams moved, seconded by Sizemore, to authorize the Mayor to enter into a Contract with Gray and Osborne for the Sunset Avenue Improvement Design in an amount not to exceed $140,000. Vote: Ayes – Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Closed Record Meetina: Eagle Ridae Preliminary Plat Mayor Maxwell initiated the Closed Record Meeting on a Preliminary Plat application submitted by Mr. Frank Lewis for a 14 -lot residential subdivision on 3.4 acres generally at 2107 Pennsylvania Avenue. Mr. Ian Munce, Planning Director, reported that the Planning Commission held a Public Hearing over two evenings on this application and all transcripts and documents from those proceedings have been forwarded to Council. Using an overhead display, Mr. Munce pointed out the location and features of the site including its proximity to the Preston Pond and associated drainage system. No modifications from the City codes were requested and the review process was straightforward. A site visit was held and the Commission and neighbors were allowed to walk the Preston property; water quality will be closely monitored by City staff and by the Prestons. A correction was made to condition # 27: "The current water level in the Preston Pond shall be maintained." Condition # 28 was deleted as it was a verbatim repeat of Condition # 24. Condition # 26 reflects a recommendation made by Mr. Ross Barnes with regard to organic versus chemical agents used for weed control. The outstanding issue was the alley to the south; condition # 25 addresses the alley vehicular access by requiring a deed restriction for Lots 11- 14 such that no primary vehicular access to Lots 11-14 shall be permitted from the alley. Also, particular attention will be paid at the building permit stage regarding the development transition from the Eagle Ridge lots to the Preston property. Questions followed from Council regarding water quality monitoring (Condition # 11). Mr. Hoboy suggested that the Critical Areas Site assessment didn't contain the detail and scope necessary for this project. Mr. Christiansen discussed the avigation easement language and compliance with FAA regulations; he suggested that the avigation easement be recorded together with the property deed. It was agreed that investigation of standard easement language was appropriate. After discussion, Mr. Christiansen, moved, seconded by Mr. Sizemore, to approve the Eagle Ridge Preliminary Plat application subject to the Findings of Fact and Conclusions of Law as amended. Vote: Ayes – Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. There being no further business, at approximately 8:45 p.m. the Mayor adjourned the regularly scheduled meeting of April 4, 2005. JUR u _ —4 Ao�(-Ix"al 1 Wanda P. Johnson, Cit Clerk -Treasurer H. Dean Maxwell, M yor ouncilmember 1927 April 18, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of April 18, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson corrected the spelling of a name on page 5 of the minutes of March 21, 2005 from "Ray" to "Wray" and corrected "County" to Council" on page 1 of the minutes of April 4, 2005. With those amendments Mrs. Richardson moved, seconded by Mr. Petrish, to approve the minutes of March 21, 2005, March 22, 2005, March 28, 2005, and April 4, 2005. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Mr. Hoboy abstained from voting on the minutes of March 28tH Motion carried. Citizen Hearinqs Mr. Herschel Janz, 1120 King Street, asked to address the Mayor and Council regarding the use of motorcycles in the Forestlands. Mr. Janz expressed concern that motorcycle users speed through the forestlands without regard for the safety and well being of other visitors to the trails. The Mayor reported that some funding is now available for additional law enforcement with emphasis on better monitoring speed limit and safety issues in the forestlands. Mr. Adams said that the Parks and Recreation subcommittee will meet in the coming month and will bring back a report to Council addressing these issues. -Mayor/Council Communication The Mayor reported that a Neighborhood Pride/Commercial District Award was announced at a recent Anacortes Chamber Board meeting. The recipients, Mr. Nels Strandberg and Mr. Jerry Zwiers were responsible for the renovation of 902-904 Commercial Avenue including the Dish, Side Dish, and Anacortes Interiors. Through their efforts the buildings have been restored and revitalized and now greatly enhance the downtown neighborhood. The Mayor also reported on the very successful and well - attended opening for the W.T. Preston Interpretive Center. A Meeting announcement: This year's Association of Washington Cities Conference will be held June 21St through the 24th at the Tri -Cities. Councilmembers are to contact Cherri Kahns if interested in attending. The Mayor then turned to a Proclamation entitled National Public Safety Telecommunications Week — April 10th through April 16th, 2005. The Proclamation highlights that Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services. Public Safety Dispatchers of the Skagit 911 Communications Center have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients. In recognition of their achievements Mayor Maxwell proclaimed the week of April 10 through 16, 2005 as National Telecommunications Week in Skagit County in honor of the women and men whose diligence and professionalism keep our County and citizens safe. The Mayor then introduced Ms. Deb Welch, Assistant Director of Skagit 911 and asked her to thank the dispatchers for all their hard work. The audience applauded Ms. Welch and the achievements of Skagit 911. The second Proclamation of the evening proclaimed the week of May 1, 2005 as Native Plant Appreciation Week in the City of Anacortes; there are over 3,000 native plant species in Washington State — more than 360 are listed as rare by the Washington State Natural Heritage Program. The Mayor urged all citizens to learn more about our native plants, how to protect them, and to enjoy and appreciate our native flora's value and beauty. Mrs. Richardson said that plant walks are held every Tuesday morning in the Anacortes area; she then shared the upcoming plant walk schedule. Mr. Petrish nominated Mr. Thomas Thompson to serve on the City of Anacortes Improvement Board. Mr. Petrish moved, seconded by Mr. Sizemore, to confirm the nomination of Mr. Thomas Thompson to the City of Anacortes Improvement Board. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Conservation Easement Program Mr. Jonn Lunsford, Parks Department, presented a request for Council approval of an additional 65 acres to be protected through the Conservation Easement program. Approval of these 65 acres will bring the total number of acres conserved through this program to 715. A January 31, 2005 memorandum to Council included the legal description and site map for this area. With that, Mrs. Richardson moved., seconded by Mr. Rock, to permanently place a conservation easement on these 65 acres. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Natural Hazard Reduction: Presentation by Gerald Steel, Esq. Mr. Ian Munce, City Attorney, reported that prior to the last Council Public Hearing on the 2004 Comprehensive Plan and Development Regulation amendments Mr. Gerald Steel did not receive a hearing notice; tonight he will be making a brief presentation on the proposal that he submitted on behalf 1928 April 18, 2005 -- continued of his clients. Mr. Gerald Steel, attorney for the Washington State Association of Plumbers and Steamfitters, proposed a Comprehensive Plan amendment adding a Natural Hazard Reduction section to the Goal and Polices section. The new section would emphasize the development of a reporting program for facilities that are required to prepare and file a Risk Management Plan. The report would offer recommendations on how to make operations safer by using alternative methods or alternative materials. Mr. Steel fielded questions from Council regarding potential administrative costs to the City for this proposal. The Mayor thanked Mr. Steel for his presentation and asked Council to forward their questions to him via e-mail. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes - Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on April 7, 2005 and April 14, 2005 for payment as of this date April 18, 2005. Claims Warrants for the month of April Warrant Numbers 31003 through 31226 in the total amount of $874,556.11 Prewritten Claims for the month of April Warrant Number 31002 in the total amount of $1,157.08 In the same motion Council: Adopted Resolution No. 1702 entitled "A Resolution Naming Official City Newspaper for the year 2005" (Anacortes American). Ordinances (31 Ms. Wanda Johnson, Finance Director, presented the following three Ordinances to Council for review and adoption: 2004 Budqet Amendment Ms. Johnson presented an Ordinance amending the 2004 Budget in the Sanitation Fund (450) - additional expenses were incurred in the amount of $90,000. With that, Mrs. Richardson moved, seconded by Mr. Hoboy, to adopt Ordinance No. 2699 entitled "An Ordinance Amending Ordinance No. 2633 Approved and Adopted on November 3, 2003 and entitled "An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the year 2004". Vote: Ayes - Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Equitv Transfer Ms. Johnson presented an Ordinance authorizing the transfer of $500,000 from the LID Guarantee Fund (622) to the General Fund (001). Ms. Johnson explained that the LID Guarantee Fund has a balance of $552,049.87; only $52,049.87 is needed to meet the valid outstanding obligations of the fund and to maintain a balance for future use if needed. The transfer will provide funds to complete the Tommy Thompson Trail. After discussion, Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2700 entitled "An Ordinance Authorizing the Transfer of $500,000 from the LID Guarantee Fund (622) to the General Fund (001). Vote: Ayes - Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. 1St Quarter Budqet Amendment 2005 Ms. Johnson presented an Ordinance amending the 2005 Budget in the following categories: Completion of 2004 Projects in 2005 - Arterial Street Construction Fund (105); Parks Construction Fund (108); W.T. Preston Construction Fund (355); Water Fund (401); Sewer Fund (440); Stormwater Fund (445). New appropriations for 2005 - General Fund (001); Non -Departmental; Arterial Street Construction Fund (105); Parks Impact Fee Fund (112); Library Construction Fund (356). New Grants for 2005 General Fund (001) Fire; Community Development Fund (180). After discussion, including potential rail revenue, Mr. Sizemore moved, seconded by Mr. Hoboy, to adopt Ordinance No. 2700 entitled "An Ordinance Amending Ordinance No. 2679 Adopted on November 1St of 2004, entitled "An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the Year 2005". Vote: Ayes - Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Public Hearing: Allev Vacation - Fidalgo Avenue - Hope Mayor Maxwell opened the Public Hearing on a Vacation Petition submitted by Deanna Hope and Alan Johnson for the vacation of the alley lying between Lots 5-12 and Lots 13-20, Block 4, Seattle Syndicate Addition to the City. Mr. Jeff Miller, Assistant City Engineer, used an overhead display to highlight the alley location at the southeast corner of the Fidalgo/Commercial intersection and also near the creek/ditch running through the Hope property to the north and east. He also pointed out access points 1929 April 18, 2005 -- continued to the Hope property; there are no utilities in this area and none are proposed. He also reported that drainage easements in area are well established. The Board of Adjustment met on April 7, 2005 and moved this matter forward to Council without recommendation. Ms. Deanne Hope, 1211 4th Street, Petitioner, explained that the vacated alley would be used to access her property, now landlocked, for residential development. Ms. Hope supported Mr. Miller's comments that the City will not use this right-of-way. Questions followed regarding Ms. Hope's development plans. She said she would like to develop one single family residence. There was no further testimony and the Mayor declared the Public Hearing closed. Mrs. Richardson suggested that this was a reasonable proposal and moved, seconded by Mr. Rock, to approve the vacation of the alley lying between Lots 5-12 and Lots 13-20 in Block 4. Discussion followed regarding setbacks from the wetland and new CAO guidelines. Mr. Christiansen pointed out the Council's needs to review its policy regarding vacation of right-of-ways; he also suggested that with current CAO concerns it would be premature to vacate this entire right-of-way without further investigation. Mr. Rock pointed out that the alley does not provide access to anywhere. Discussion followed regarding limiting the proposed vacation to only that area needed for access development. Compensation for any right-of-way vacated will be calculated by the Public Works Department at a later date. Mr. Christiansen moved to amend the motion to vacate the alley lying adjacent to Lots 9-12 and Lots 13-16, Block 4, Seattle Syndicate Addition to the City. Vote: Ayes — Petrish, Sizemore, Adams, and Christiansen. No — Hoboy, Richardson, and Rock. Motion carried. Voted on the main motion as amended. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Approval: Svstem Control Modifications to Public Library Mr. Russ Pittis, Parks Department, presented a request for Council approval of system control modifications at the Public Library; the result of the modifications will decrease the electric and natural gas utility bills at the Library. Mr. Pittis used a detailed overhead to highlight the locations of Library lights and hours of use; he underscored that savings from these modifications could be significant. Both Siemens Controls and Blythe Plumbing and Heating returned quotes for this work in the amount of $4,154.15 and $1,129.71 respectively. After discussion, Mr. Hoboy moved, seconded by Mr. Christiansen, to approve the controls modifications project at the Public Library in the amount of $5,283.86 excluding tax (Siemens Controls - $4,154.15 and Blythe Plumbing - $1,129.71). Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Mayor Maxwell thanked Mr. Pittis for his excellent stewardship of the City's facilities. Approval: Swinomish Channel Pile Replacement Contract Mr. Jeff Miller, Assistant City Engineer, reported to Council that the City's 36 -inch waterline is supported, in part by pilings on the west side of Swinomish Channel; the pilings are showing rot and decay and need to be replaced. In that regard, Mr. Miller presented a project proposal for the replacement of these pilings together with the cradle support. Contractors were contacted and the low bid was received from Quigg Brothers, Inc. of Aberdeen in the amount of $215,206.55. Mr. Miller explained that all permits are in place to complete the project; references were checked with positive responses, Staff recommends that the pile replacement project be awarded to Quigg Brothers Construction in the amount of $215,206.55 including sales tax. With that, Mr. Christiansen so moved, seconded by Mr. Sizemore. Vote: Ayes —Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. 2005 Critical Area Ordinance Update: Ordinance Mr. Ian Munce, Planning Director, presented the Critical Areas Ordinance for Council review and adoption; although, this Ordinance is permanent (interim Ordinances have been in effect to date) there's still work to be done. Council will need to continue to review: the minimum wetland size in order to gain protection; buffer widths; community workshops with affected property owners; and applicability of the 35' — 200' feet buffer (50' for streams) requirement. After discussion the Mayor and Councilmembers expressed appreciation for Mr. Munce's efforts over the years to coordinate this complicated and extremely significant legislation. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen to adopt Ordinance No. 2702 entitled "An Ordinance Adopting New Critical Area Regulations for the City in Compliance with RCW 36.70A and Repealing Ordinance # 2623 (2003 CAO Structure), # 2628 (Interim Ordinance for Aquifer Protection), # 2635 (Interim Ordinance for Geological Hazardous Areas), and # 2617 (Ordinance for Frequently Flooded Areas)". Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. There being no further business, at approximately 9:30 p.m. the Mayor adjourned the regularly scheduled meeting of April 18, 2005. .-d A" - Wanda P. Johnson Clerk -Treasurer H. can ell a Y � Y Z ouncilmember 1930 May 2, 2005 Mayor Maxwell called the meeting to order at 7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Terry Christiansen, Bud Rock, Nick Petrish, Cynthia Richardson, Loren Hoboy, and Brad Adams. Minutes of Previous Meetinq The Minutes of April 18, 2005 were approved on a motion by Mr. Petrish, seconded by Mr. Sizemore, and passed unanimously. Citizens Hearinqs The Moens, 419 38th Street, asked for a response to their recent letter regarding an enforcement action. After discussion, the Council deferred any further action on this matter until they had received a written response from Mr. Don Measamer, Assistant Planning Director. Mr. Bill Mitchell updated the City Council on his mural project, a project that is now in its 21St year. The Mayor and Council thanked Mr. Mitchell for his dedication to this project and the community. Mavor/Council Communication The Mayor issued the following Proclamations: • Declaring the month of May as "Conservation Easement Month". More than $769,000 has been donated to this program placing conservation easements on 715 acres of the Anacortes Community Forest Land. The Friends of the Forest, a local citizen's group has pledged to promote this program until all of the ACFL is protected in this way. • Declaring the month of May as "Light the Flame Month" and June 2, 2005 as "Special Olympics Athletes Day" urging all citizens to celebrate the achievements of our Special Olympics Athletes. • Declaring the week beginning on the 1St Sunday in May as "Youth Week" sponsored by Anacortes Elks Lodge #1204, urging all departments of government, civic, fraternal and patriotic groups, and our citizens generally, to participate in honoring the Junior Citizens of the Community. • Declaring the month of May as "National Historic Preservation Month", recognizing that 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 of the heritage that has shaped us as a people. Also under Mayor/Council Communications, Mr. Sizemore announced that there were be a Public Safety Committee Meeting at a time yet to be determined. Ms. Richardson reminded those present that Bill Kraeger would be making a presentation on land use planning and design at 7:00 p.m. this Wednesday. Finally, it was pointed out that the City/Port Liaison Committee would meet on Tuesday, May 3rd UNFINISHED BUSINESS Sister City Siqn Modifications Mr. Don Lapworth, representing the Anacortes City Sister Association, requested permission for his group to locate an interpretative sign display at the eastern and western entrances to the City. Mr. Lapworth described the design in detail and discussed a number of issues with the City Council. Councilmembers asked for an artist's rendering of how the sign would look if located at the layby at the eastern entrance to the City. Ordinances Updatinq the Planninq Department Fee Schedules The Planning Director, Ian Munce, presented ordinances updating the Planning Department Fee Schedules. After discussion, Mr. Adams moved that Ordinance #2703, entitled "An Ordinance Repealing Ordinance #2337 and Revising the Fee Schedule for the City of Anacortes for Applications for Certain Administrative Actions Constituting Chapter 3.03 of the Official" and Ordinance #2704, entitled "An Ordinance Amending That Certain Section of Ordinance #2471 an Ordinance Adopting by Reference the Policies of the State Environmental Policy Act, Certain Sections of the Washington Administrative Code (SEPA Rules) Amending Establishment of Fees Constituting Chapter 14.24 of the Official Code" be adopted. The motion was seconded by Mr. Hoboy and passed unanimously. 1931 May 2, 2005 -- continued Consent Agenda Approval of Vouchers/Cancellation or Warrants: Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on April 21, 2005 and April 28, 2005 for payment as of this date May 2, 2005. Claims Warrants for the Month of April: Warrant Numbers 31227 through 31360 in the total amount #347,456.00 Payroll #1 for April 15, 2005 in the total amount of $419,432.18: Warrant Numbers 27155 through 27217 in the total amount of $64,685.67 Direct Deposit Numbers 14378 through 14526 in the total amount of $230,623.01 EFT Numbers 407 through 413 in the total amount of $124,123.50. These were approved on a motion by Mr. Christiansen, seconded by Mr. Petrish, and passed unanimously. INEW BUSINESS Fire Department Access: Video on Access in Condensed Lot Sites Richard Curtis, Fire Chief, presented a video on street standards as currently recommended for public safety. Executive Session The City Council then went into as Executive Session for a Police Bargaining Unit update. The meeting reconvened at approximately 9:00 p.m. and adjourned without further action being taken. 0" P6i AMIIP v� -#, ��GKLal Wanda P. Johnson, City Clk- reasurer H. Dean Maxwell, IVayor Y Councilmember 1932 May 16, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of May 16, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson moved, seconded by Mr. Rock that the minutes of May 2, 2005 be approved as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. %Mayor/Council Comm unication,% Mayor Maxwell introduced Ms. Karen Marshall, Anacortes Historic Preservation Board member. Ms. Marshall explained that the Board is celebrating National Historic Preservation Month by honoring five preservation projects/individuals who have contributed to the preservation of historic places in the City of Anacortes. Awards were presented to Joe LeBlonde, Eagles Hall; Theresa McCallum, Wilson Hotel; Rhonda Gothberg, Ordinance development; Gary Robinson and Bryan Elliott - Causland Park preservation; Mayor Dean Maxwell - recipient of the Visionary Award for his leadership in preserving the Wilson Hotel for future generations; and the Anacortes Housing Authority - recipient of the Visionary Award for recognizing the potential of the Wilson Hotel for adaptive reuse. The ceremony was followed by applause and a group photograph. Mr. Petrish asked for a Park Department follow-up on the walking trail dog refuse clean-up program. Ordinance: Special Valuation for Historic Properties The Historic Preservation Board presented an Ordinance to Council for review and adoption. If adopted the Ordinance would implement a special tax valuation providing for financial incentive to property owners to preserve and protect significant historic resources. After discussion, Mrs. Richardson moved, seconded by Mr. Petrish, to adopt Ordinance No. 2705 entitled "An Ordinance Establishing Special Valuation for Historic Properties, Designating the Anacortes Historic Preservation Board as the "Local Review Board" to Perform the Functions Required by Chapter 84.26 RCW and Establishing the Class of Historic Property Eligible for Special Valuation". Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Ordinance: 2004 Comprehensive Plan and Development Requlations Update Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. If adopted the Ordinance would implement the 2004 Comprehensive Plan and Development Regulation changes reviewed by the public, Planning Commission, and Council. Mr. Munce highlighted two new initiatives: beach shading and vegetation in certain specified areas, and a policy regarding open space connectivity. With that, Mrs. Richardson moved, seconded by Hoboy, to adopt Ordinance No. 2706 entitled, "An Ordinance Amending the City Comprehensive Plan and Development Regulations for the City of Anacortes". Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Sister City Siqn Modification Mayor Maxwell introduced Mr. Don Lapworth, 1806 39th Court, a representative of the Anacortes Sister City Association. Mr. Lapworth started his follow-up presentation regarding modifications to the sign at the entrance to the City of Anacortes. Mr. Lapworth used overhead displays to illustrate an artist's rendition of the existing flagpoles with and without the proposed oval Sister City sign. Questions were directed to a representative of the sign company regarding anchoring methods and sign height. Mrs. Richardson suggested that the new sign be approximately the same size as one of the three sign elements on the existing sign. Mr. Hoboy raised concerns regarding the sign placement and offered alternatives. Mr. Lapworth explained that existing sign floodlights focus on the American flag and will illuminate the new sign. Mayor Maxwell thanked the Association for the considerable effort to developing this amenity. With that, Mr. Christiansen moved, seconded by Mr. Sizemore to approve the Sister City sign as proposed. Vote: Ayes — Christiansen, Richardson, Rock, Petrish, Sizemore, and Adams. No — Hoboy. Motion carried. Moen Request — Refund Request - Letter and Response Mayor Maxwell reported that this matter will be continued to the June 6, 2005 meeting. 1933 May 16, 2005 -- continued Consent Aqenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Items e., f., and g., (street fair applications) were pulled from the Consent Agenda. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on May 5, 2005 and May 12, 2005 for payment as of this date May 16, 2005. Claims Warrants for the month of Mav Warrant Numbers 31362 through 31575 in the total amount of $605,725.33 Prewritten Claims for May Warrant Number 31361 in the total amount of $993.92 Pavroll # 1 for April 29, 2005 in the total amount of $580,823.71 Warrant Numbers 27218 through 27293 in the total amount of $222,001.32 Direct Deposit Numbers 14527 through 14632 in the total amount of $231,635.84 EFT Numbers 411 through 417 in the total amount of $127,186.55 In the same motion Council: Adopted Resolution No. 1703 setting June 20, 2005 as the Public Hearing date on a petition to vacate the alley in Block 9, Munk's Queen Anne Addition; Adopted Resolution No. 1704 setting June 20, 2005 as the Public Hearing date on a petition to vacate a portion of 25th Street in Henslers First Addition; and Accepted the Public Works recommendation for Chemical Bids, 2005-2007 as outlined in a May 4, 2005 Memorandum from Bob Hyde, Director of Public Works to the City Council. Street Fair Applications (41 Mayor Maxwell introduced four Street Fair applications. Mrs. Richardson initiated the review and asked if the temporary stop signs on Q Avenue at 11th street would be used again; they could be helpful with side street traffic flow during major events. Police Chief King clarified that the temporary stop signs have only been used to facilitate pedestrian traffic to the waterfront. Specific questions followed on the Oyster Run street closure locations. Mr. Christiansen clarified that the City Hall parking lot will be left open to the public on Friday August 5th/Arts Festival. After discussion, Mrs. Richardson moved, seconded by Mr. Rock, to approve the following Street Fair Applications and staff recommendations for parking restrictions and Public Works Services : Ovster Run on September 25, 2005 from 6:00 a.m. to 7:00 p.m. subject to applicant's submitted plan; Anacortes Arts Festival on August 5, 2005, August 6, 2005, and August 7, 2005 from 1:00 a.m. to 9:00 p.m. on the 5th and 6 th and 10:00 a.m. to 5:00 p.m. on the 7th subject to applicant's submitted plan; 4th of July Extravaqanza on July 4, 2005 from 8:00 a.m. to 2:00 p.m. for streets and 8:00 a.m. to 5:00 p.m. for Causland Park subject to applicant's submitted plan. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Mayor Maxwell introduced a new Street Fair Application submitted by the Anacortes Chamber Commerce on behalf of the Anacortes Car Show. The proposed event is on July 17, 2005 from 6:00 a.m. to 6:00 p.m. in downtown Anacortes. Mr. Bob Hyde, Director of Public Works, explained that this event would be held on the day after Ship Wreck Days; he then outlined the necessary clean-up process between events. The Mayor asked if the Chamber had surveyed downtown businesses regarding this new event. Apparently only informal contacts have been made; the Chamber will follow up with a more systematic investigation. With that, Mrs. Richardson moved, seconded by Mr. Rock, to approve the July 17, 2005 Anacortes Car Show street closures, parking restrictions, and public works and police services subject to the applicant's submitted plan. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Appeal of Encroachment Aqreement Denial Mr. Ian Munce, Planning Director, reviewed the Encroachment Agreement process; the matter now before Council centers on an unimproved alley between 12t and 13th and "B" Avenue; a garage at 2319 12th Street is located within the alley right-of-way. Mr. Fred Abelman owns property across the alley and applied to the City for an Encroachment Agreement to fence the remaining alley to keep it clear from further encroachment from the 2319 12th occupants. Mr. Munce explained that, following Council policy to not allow alley encroachments, Mr. Abelman's 1934 May 16, 2005 -- continued application was denied; that decision has been appealed by Mr. Abelman. Mr. Fred Abelman, 1211 "B" Avenue, referred to his May 9, 2005 letter to the Council outlining the current boundary issues with the 2319 12th Street rental property, alley encroachments already existing in the area, and asked for the opportunity to both control and protect the remaining half of the alley through the use of a low fence and to protect access to his garage. Mr. Adams asked what enforcement tools can be used by the City to ensure that the remaining half of the alley stays clear. Police Chief King explained that enforcement tools are minimal regarding unimproved rights-of-way. Mr. Hoboy asked for a site visit first in order to make a comprehensive assessment. Mrs. Richardson offered this is a unique circumstance as the homes were constructed in the 1940's and the garage located in the alley at that time. Although this situation is unique Mr. Adams expressed concern regarding any precedents set by allowing further alley encroachments. With that, Mr. Adams moved, second by Mr. Hoboy table this matter to June 6, 2005. Vote: Ayes - Sizemore, Adams, Christiansen, Richardson, and Hoboy. No - Petrish and Rock. Motion carried. A site visit was scheduled for 5:00 p.m. on Monday, June 6, 2005. Police Radio Svstem Police Chief Mike King presented a request to Council for a new radio system to be used by the Anacortes Police Department; the current radio operation is outside the bandwidth used by other law enforcement agencies in Skagit County. The City's most recent application for a radio license within the bandwidth of the other agencies has been granted (over the past 21 years other applications have been made and denied). Chief King explained that funding sources have been identified; Homeland Security; General Fund (includes 1/10th of 1% sales tax increase monies); and the Equipment Rental Fund. The Public Safety Committee, represented by Mr. Sizemore, thoroughly reviewed this request and supported the equipment purchase. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the Police Radio System purchase in the amount of $143,527.08. Vote: Ayes - Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. 2005 Comprehensive Plan and Development Requlations Update Mayor Maxwell opened the Public Hearing to consider which proposals shall receive further consideration either as part of the 2005 Comprehensive Plan (CP) and Development Regulation (DR) Amendment process, or 2005/CP/DR Update, or deferred for a future year's planning workprogram. Mr. Ian Munce, Planning Director, explained that this is a preliminary hearing on the annual citizen initiated requests; further a Mandatory CP/DR Update is required every 10 years. The Mayor then opened up the public comment portion of the meeting: 1. Van -mounted signs regulated - submitted by Ed Frank, Building Department - no public comment 2. A temporary structure definition - submitted by Ed Frank, Building Department - no public comment 3. RH 4 setbacks clarification - submitted by Don Measamer, Building Department - no public comment 4. Changing references from mobile home to manufactured home - requested by Mr. Hoboy for further analysis - no public comment 5. Clarifying redevelopment standards - suggestion from Erica Pickett - no public comment - previously addressed by Ordinance 6. Restrictions on ivy - submitted by Erica Pickett - no public comment - Mr. Hoboy asked for scientific evidence regarding ivy growth 7. Designation of a Fish and Wildlife Habitat Conservation Area on Cap Sante - submitted by Cynthia Richardson - no public comment 8. Adding a Historic Preservation Objective - submitted by Allen Workman - no public comment 9. Adding public and private recreational facilities as a permitted use in the LM 1 Zone - submitted by Mark S. Frost - no public comment 10. Requiring additional new home construction standards for property with avigation easements - proposed language to be distributed 11. Changing the LM 1 zoning in parts of the CM 1 zoning at March Point to allow a wide range of retail and commercial uses - submitted by David Lervik on behalf of certain property owners - Mr. David Lervik, Lervik Engineering, spoke on behalf of Summit Park area owners with regard to development issues including lack of sewer and restrictive zoning. A Commercial/Limited Industrial zone would provide for allowed existing land uses together with other uses including retail. 1935 May 16, 2005 -- continued Mr. Ed Little, 12469 Reservation Rd., property owner in this area spoke with appreciation regarding infrastructure improvements in this area; he also spoke in favor of potential wider range of uses and asked Council to consider this proposal. Mr. Jerry Smith, 12484 Reservation Rd., spoke in favor of the addition of retail uses. Maryann Manville, Skagit Surveyors, representing the Salish Trust displayed a drawing showing the property location adjacent to the City's HM zone. The proposal is to rezone the property from HM to Commercial. This would allow more flexibility and retail options for their property. Mr. Don Yankacy, 2033 L Avenue, spoke to the existing traffic pattern on Highway 20 and the potential for gridlock with the addition of retail activity. Ken Crews, 7068 St. Mary's Place, suggested that retail stores in this area would enhance our downtown corridor. 12. Additional work is requested on the following topics: - submitted by Loren Hoboy - no public comment a. Critical Slopes/Rock Cuts (Geological and allowed under the Building Permit process) b. Land Clearing and Building Permit process coordination -language and enforcement c. Yard cars, debris and clean-up regulation on public and private property - language and enforcement d. Noise regulations and mitigation e. Evaluate fines and enforcements for all Sections f. Unify all City appeal processes - days to file; clarify the processes in all Sections; prepare a summary g. Consider Zoning corrections and changes around the new AZ zone. At approximately 10:30 p.m. Mayor Maxwell announced that this meeting will be continued to Monday, May 23, 2005 for the purpose of acting on the Sharpe's Corner Annexation: Notice of Intent; the Planning Department Workprogram; Library Signage; and the Tommy Thompson Trestle Award. The Meeting of the 23 Id will be continued to June 6, 2005 at 5:00 p.m. in order to conduct a site visit in conjunction with the Abelman appeal, 1211 "B" Avenue. 4L _Lv� Wanda P. Johnson, City Jerk -Treasurer H. Dean Maxwell, Major Councilmember / 1936 May 23, 2005 -- Continued from May 16, 2005 Mayor Maxwell called the continued meeting of May 16, 2005 to order at 7:30 p.m. on May 23, 2005 in the Municipal Building Council Chambers. Roll call found present: Councilmembers Ray Sizemore, Terry Christiansen, Bud Rock, Nick Petrish, Cynthia Richardson, and Loren Hoboy. Absent: Brad Adams. Sharpe's Corner Annexation: Notice of Intent The Planning Director, Mr. Ian Munce, presented a Notice of Intent signed by 100% of the property owners within the unannexed portion of the City's urban growth areas at Sharpe's Corner. Mr. Munce explained that the purpose of tonight's meeting was to discuss the annexation request with the property owners and reach a decision as to whether or not to move forward with a formal annexation petition. There were no comments from the property owners. After discussion, Mr. Sizemore moved that the City authorize the annexation to move forward subject to the property owners assuming their share of the City's existing indebtedness and to the LM1 zoning proposed in the City Comprehensive Plan. The motion was seconded by Ms. Richardson. Vote: Ayes — Sizemore, Christiansen, Petrish, Richardson, and Hoboy. Abstain: Rock. The motion carried. Planninq Department Work Proqram The Planning Director then reviewed his work program to comply with the Growth Management Act's requirements to complete a required update by December 1, 2005. After discussion, it was generally agreed that the Planning Department would conduct a series of community meetings/workshops during the summer to identify possible changes in the City's Comprehensive Plan. These changes would then go forward to public hearing before the Planning Commission and City Council. With this input the City Council would then structure a process to deal with the 2005 Comprehensive Plan and Development Regulations proposed amendments and the other issues identified as part of the 2005 comprehensive review of the City's Comprehensive Plan and Development Regulations. The revenue study initiated by the City Council was identified as an important prerequisite for framing the later stages of this work program. Library Siqnaqe Mr. Doug Everhart, Library Director, asked for approval to move forward with a new sign at the Anacortes Library. After discussion, Mr. Christiansen moved that the City enter into an agreement with Meyers Signs for the identified scope of work in an amount not to exceed $30,000. The motion was seconded by Mr. Hoboy. Vote: Ayes — Sizemore, Christiansen, Petrish, Richardson, and Hoboy. Abstain: Rock. The motion carried. Tommv Thompson Trestle Award Mr. Bob Hyde, Public Works Director, presented the results of the bids solicited to conclude the Tommy Thompson Trail construction with trestle retrofit. The Mayor and members of the City Council spoke to the importance of completing this work this calendar year. Mr. Hyde informed those present that the work could well be finished in October this year. After reviewing the details of the Thompson Trail trestle retrofit design, the Council awarded the bid to Wilder Construction in the amount of $564,395.00. The motion was made by Mr. Sizemore, seconded by Rock, and passed unanimously. There being no further Council business to conduct, this continued City Council was continued again until Monday, June 6, 2005 at 5:00 p.m. for the purpose of conducting a site visit at 1211 "B" Avenue. I �010 01 -PrAP��A/0\/� Wanda P. Johnson, Cit Jerk -Treasurer H. Dean Maxwell, Mafor U Councilmember 1937 June 6, 2005 At approximately 5:00 p.m. Mayor Maxwell reconvened the continued meeting of May 23, 2005 in order to conduct a site visit in conjunction with the Abelman Encroachment decision appeal. No testimony was taken and at approximately 5:30 p.m. the continued meeting of May 23, 2005 was adjourned. At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of June 6, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, and Cynthia Richardson. Absent: Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Christiansen that the minutes of May 16, 2006 and May 23, 2005 be approved as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, and Hoboy. Mr. Adams abstained from voting on the minutes of May 23rd. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. 'Mayor/Council Communication's Mayor Maxwell alerted the public to the Washington State Department of Transportation repaving of SR 20 from June 6th through June 10t". One lane will be closed each way each day from 7:00 a.m. to 3:00 p.m. Additionally, lane closures will occur over the next two months. Please drive slowly around construction crews. The Mayor then turned to a Proclamation recognizing the 501h anniversary of the An -O -Chords barbershop chorus. The chorus, with 69 participants from around the area, will perform at Brodniak Hall on July 291h and 30th. The group also spearheaded a Youth Outreach Program in 2001 resulting in the purchase of 200 songbooks and requisite teaching manuals for local schools. The Mayor then proclaimed the week of July 25, 2005 as Harmony Week and the 50th Anniversary of the An -O -Chords. The Mayor proudly introduced the most recent recipient of the Mayor's Award of Merit — Mr. George Atkinson. His supervisor and co-workers nominated Mr. Atkinson because of his outstanding and diligent performance in the Public Works Department in his role as Maintenance Operator at the Water Treatment Plan. The staff has come to rely on Mr. Atkinson's leadership skills; in particular his goal oriented and self motivated work style help Mr. Atkinson serve as a role model. Mr. Atkinson accepted a gift certificate to a local restaurant and his name will be placed on a plaque commemorating Award of Merit recipients. Mr. Sizemore presented an update on the continuing community efforts to create a public fireworks display for July 4th. He explained that $17,000 is needed and just under $13,000 has been collected. He thanked the Anacortes American and KLKI for getting the word out; the campaign will continue through June. Acceptance as Complete: W.T. Preston Heritaqe Interpretive Center Mr. Bob Hyde, Director of Public Works, presented a request official Council approval and acceptance of the W. T. Preston Interpretive Center. The contract was awarded to Roosendaal-Honcoop Construction who worked closely with the Project Manager, Steve Lange. There were a number of unanticipated design changes with final contract amount of $516,095.17 including tax. The Center is open to the public and has been well received. Discussion followed regarding funding sources. Mrs. Richardson said that this is now an excellent community -gathering place for a number of events including the Depot Market, Deport Arts Center, and Interpretive Center. With that Mrs. Richardson moved to accept the W.T. Preston Heritage Interpretive Center Project as complete thereby initiating the mandatory 30 -day lien period. Mr. Adams seconded the motion. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Hoboy, and Petrish. Motion carried. The Mayor thanked the Port of Anacortes for working with the City on the site; he also thanked Mr. Lange for his efforts on this project. Moen Request for Refund Mr. Ian Munce, Planning Director, presented the background for the Moen City Improvement Board (CIB) case. Decade-long building issues at the Moen's 389h Street home were brought before the Board for resolution; conditions and fees were recommended and mandated by Council. The Moen's have appealed the $1,500 fine both recommended by the CIB and decreed by the Council. In a May 26, 2005 memo to Council the Moen's catalogued a number of unforeseen obstacles, all out of their ability to control, preventing them from completing the final improvement tasks required by the Building Department. Mr. Don Measamer, Building Inspector, reviewed some of the outstanding tasks including: a completed final inspection by the Department of Labor & Industries (electrical configuration not consistent with single family requirements); receipt of installation instructions for the boiler; drywall installation (existing safety hazard); broken window replacement; water heater adjustment; exhaust fan in the laundry facility; and drain cap. The landscaping issues will need to be monitored in the future to verify planting viability. On a question from Mr. Adams, Mr. Measamer reported that 22 hours of staff time have been devoted to this issue; the final compliance date set by Council was March 31St of this year. Mr. Adams said that these long-term unresolved issues have had a significant impact on both the neighborhood as well as the Moens; he suggested that the imposed fine and process are appropriate and should not be waived. Mrs. Joan Moen, 419 38th St., catalogued the reasons why they have been unable to make the corrections including difficulty in communicating with the Electrical Inspector and disappearance of the replacement window. Mrs. Richardson emphasized that the City has been communicating with the Moen's over a 10 -year June 6, 2006 -- continued 1938 period to upgrade the property as required by code; deadlines have been set and missed and she recommended that the fine not be refunded. Further she suggested that if, at the end of July remaining tasks are not completed another fine should be levied. Mrs. Moen explained that their current development goal for the home is to develop a multi -family structure. Mr. Hoboy said that while the Moen's are working to complete the list of issues, final landscaping and R 3 zoning issues would need to be reviewed. After discussion, Mr. Sizemore moved to keep the fine in place and to table the matter to the end of June and to reconsider action at that time. Mrs. Richardson seconded the motion. Vote: Ayes — Christiansen, Richardson, Petrish, and Sizemore. No — Adams, and Hoboy. Motion carried. Abelman Appeal of Encroachment Aqreement Denial - Decision Mayor Maxwell introduced the next agenda item: Mr. Fred Abelman filed an appeal of the Planning Director's decision to deny an encroachment agreement application at 1211 "B" Avenue. The appeal was presented to the City Council on May 16, 2005 and after discussion a site visit was scheduled for June 6th at 5:00 p.m.; the matter was again brought forward to Council for action on the evening of June 6th. Mr. Ian Munce, Planning Director, explained that the house across the alley from Mr. Abelman has a back yard shed that encroaches into the alley. Additionally, the adjacent renter is using the alley for storage and Mr. Abelman applied for an Encroachment Agreement hoping to construct a fence along his portion of the alley to protect his property from the advancing material. Mr. Munce clarified that throughout the City there are a number of older structures that are located on rights-of-way; by long established practice the City will only request that the structures be moved as access or utility needs arise. Mr. Hoboy said he would prefer to have the shed torn down and that the alley be improved. Mr. Adams emphasized that decision on this matter should be made within the case-by-case framework described by Mr. Munce. Mr. Petrish offered that the shed was constructed long before any development in this area (in 1940 according to Mr. Christiansen) and moved to approve the encroachment agreement to allow Mr. Abelman to construct a fence on his portion of the alley; and further, that the adjoining renter and property owner shall be asked to remove any structures or materials placed on Mr. Abelman's portion of the alley. Mr. Sizemore seconded the motion. Mrs. Richardson and Mr. Sizemore spoke in support of this ruling. Mr. Christiansen suggested conditions whereby no structures other than a fence would be constructed and that the existing shed be removed when the building reaches disrepair. There were no neighborhood comments on this matter. Vote: Ayes — Richardson, Christiansen, Richardson, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Ordinance: Adoptinq the Anacortes Airport Sub -Area Plan and Permanent Zoninq Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review. Mr. Munce explained the Airport interim zoning has expired; there were no agency comments. Mr. Munce asked that the interim status be removed from the Anacortes Planning Document and the Airport Zoning; this action will trigger a 60 -day appeal period. There have been no substantive or technical changes since the previous Council vote on this matter. Mr. Christiansen asked to first review a map showing Port -owned parcel together with associated legal descriptions before making any decision. Mr. Munce explained that Ordinance adoption would require that an updated map be brought back to Council for official action. With that, Mrs. Richardson moved, Richardson, Petrish, Sizemore, and Adams. No — Christiansen. Abstain - Hoboy. Motion carried. Ordinance: Adoptinq a 2006 Salary Schedule for Mayor and New Stipend for City Council Mr. Ian Munce, City Attorney, presented an Ordinance to Council for review and adoption. If adopted the Ordinance would amend the 2005 Budget to revise both the schedule for the Mayor's salary and for the Council's monthly stipend. The Ordinance was previously reviewed in Study Session. The Council stipend would be increased by $50.00/month through the year 2013. A footnote to the Mayor's Salary range clarifies that the payment schedule is to be adjusted annually using the same percentage as used by the Federal Government for social security adjustments. Mrs. Richardson suggested adding "annual" to Section 1 and "monthly" to Section 2, and that dollar signs be added to the text; Section 2 was also amended to include the effective date of the salary schedules. Also, the language "Service Year" was added to the salary schedule. Mr. Christiansen shared the Council intent over the last several years in establishing the Mayor's salary range. After discussion, Mrs. Richardson moved, seconded by Christiansen to adopt Ordinance No. 2708 amending the 2005 Budget in order to establish a new salary schedule for the Mayor's position and to annually adjust the Council stipend. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Consent Aqenda Mr. Sizemore asked to have "b" removed from the Consent Agenda. Mr. Christiansen moved, seconded by Mrs. Richardson to approve the following Consent Agenda item. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, and Hoboy. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on May 19, 2005, May 26, 2005, and June 2, 2005 for payment as of this date June 6, 2005. Claims Warrants for the month of June Warrant Numbers 31580 through 31853 in the total amount of $491,965.98 Prewritten Claims for June Warrant Numbers 31576 through 31579 in the total amount of $209,025.45 Pavroll # 1 for Mav 13, 2005 in the total amount of $415,889.92 Warrant Numbers 27294 through 27362 in the total amount of $64,475.03 Direct Deposit Numbers 14695 through 14844 in the total amount of $228,688.70 EFT Numbers 418 through 422 in the total amount of $122,726.19 1939 June 6, 2006 -- continued Pavroll # 2 for Mav 31, 2005 in the total amount of $611,299.88 Warrant Numbers 27363 through 27443 in the total amount of $227,307.84 Direct Deposit Numbers 14845 through 14950 in the total amount of $239,489.68 EFT Numbers 420 through 426 in the total amount of $144,502.36 Resolution: Surplus Steel This item was pulled from the Consent Agenda. Mayor Maxwell explained that the City would like to declare steel rail and tie plats as surplus, sell the material, and apply the money to fund construction costs for the continuation of the Tommy Thompson Parkway. Mr. Sizemore reviewed bids received for the material; he distributed a current quote list to the Council from Skagit River Steel - $87/ton delivered to their yard or $80 if picked up (approximately 170 tons). Mr. Bill Wooding has agreed to load the material and furnish an excavator at no charge. Mr. Wooding reported to Mr. Sizemore that there might be a new use for the steel and pads although not the ties. Mr. Sizemore will continue with his commitment to haul the surplus material to site. The Mayor asked that the Council take action to surplus the material and that he be allowed to investigate the offers in more detail. Also mentioned was selling the ties to the public. With that, Mr. Christiansen moved, seconded by Mrs. Richardson, to declare all rails, all tie plates, and all wooden railroad ties as surplus. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Hoboy, and Petrish. Motion carried. Award Bid: Parks Department Backhoe Mr. Bob Hyde, Director of Public Works, reported that bids were solicited for the purchase of one heavy duty industrial tractor loader -rubber tired backhoe with extendable jib, 4 in 1 loader bucket, and cab to be used by the Parks Department; $70, 000 has been budgeted for this 2005 purchase. Low bid was received from Clyde West, Seattle, but the bid was not in compliance with bid specifications. The second bid, from Western Power and Equipment, meets bid requirements with a bid in the total amount of $66,902.30. After discussion, Mr. Adams moved, seconded by Mr. Christiansen, to authorize the Mayor to enter into a contract with Western Power and Equipment in the amount of $66,902.30 for the purchase of a backhoe. Vote: Ayes — Adams, Christiansen, Richardson, Hoboy, Petrish, and Sizemore. Motion carried. 2006 Tourism Promotion Fund: Schedule Mr. Ian Munce, City Attorney, presented the Time Line for the City of Anacortes Tourism Promotion Fund/Project Assistance Program. The grant applications will be mailed July 18, 2005 and will be reviewed by the Council Committee on September 30, 2005. It was suggested that a summary sheet be included with the application packet; additionally, there will be promotional announcements on Channel 10 and with the Chamber of Commerce. Mr. Adams, Mr. Petrish, and Mr. Sizemore volunteered to serve on the Council Committee. Mr. Sizemore moved, seconded by Mr. Petrish, to approve the Time Line for the Tourism Promotion Fund Project Assistance Program for 2006. Vote: Ayes — Christiansen, Richardson, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Boundary Line Adiustment/Propertv Exchanqe: Citv and Fidalqo Country Inn Mr. Ian Munce, Planning Director, reintroduced this item to Council — regarding a 3 '/ acre parcel donated to the City by the Willette family located inside the City limits. The unique circumstance associated with this property is a strip of land owned by Fidalgo Country Inn that divides the 3 -acre parcel; the strip of land serves as a sewer line access to the Inn's sewer system. Negotiations have been ongoing between the City and the Inn to resolve this situation to everyone's satisfaction. The proposal now before Council includes the transfer of 15,000 square feet from the Inn to the City to be valued at $2.00/sq. ft. The City would then credit that amount to the cost to Fidalgo Country Inn to connect to the City sewer system; the hookup deadline would be May 2006. Mr. Sizemore moved, seconded by Mr. Hoboy, to authorize the Mayor to sign the documents associated with this transaction. Vote: Ayes — Richardson, Hoboy, Petrish, Sizemore, and Adams. Motion carried. There being no further business at approximately 9:45 p.m. Mayor Maxwell adjourned the regularly scheduled meeting of June 6, 2005. to" � � 4 � Y Wanda P. Johnson, Cit Jerk -Treasurer H. Dean Maxwe IF, May, r Cou cilm mlier 1940 June 20, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of June 20, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Ray Sizemore. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mrs. Richardson that the minutes of June 6, 2005 be approved as if read. Vote: Ayes — Petrish, Adams, Christiansen, Richardson, and Hoboy. Mr. Rock abstained. Motion carried. Citizen Hearinqs Mr. Herschel Janz, 1120 King Street, complimented the Mayor and Council for passing an Ordinance banning fireworks in the City of Anacortes. Mr. Janz referred to a recent newspaper article reporting on 9,000 fireworks injuries in Washington State during 2004. ;Mayor/Council Communication; Mayor Maxwell explained that he will be away at an Association of Washington Cities conference; Mr. Bob Hyde and Mayor Pro -Tem Sizemore will be filling in for him during his absence. Mr. Petrish reported that on a recent walk he noted that the Tommy Thompson Trail was free of animal waste. Mr. Christiansen addressed landscaping and use issues at the Guemes Channel Park. During a recent visit to the Park Mr. Christiansen noted that the parking lot was full but no visitors were in sight. He also commented on the landscaping appearance. Mr. Gary Robinson, Director of Parks and Recreation, said that his department would investigate parking enforcement issues. With regard to landscaping, a significant community design process opted for natural plantings. Mr. Robinson will brief the Council on the extensive public review process for the park development. Ordinance: Heart Lake Motorized Use Mr. Gary Robinson, Director of Parks & Recreation, presented an Ordinance to Council for review and adoption. The Ordinance was previously discussed in Study Session and incorporates the Heart Lake Management Plan. Mrs. Richardson corrected a typo and with that moved to adopt Ordinance No. 2709 entitled "An Ordinance Regulating the Use of Heart Lake and Imposing a Speed Limit; Repealing Ordinance No. 2401". Mr. Petrish seconded the motion. Mr. Christiansen re-emphasized the lack of any baseline studies documenting damage to the Lake from internal combustion engines. Absent that information he could not support the motion. Discussion followed regarding testing costs in-house testing for hydrocarbons versus full blown water quality study. Vote: Ayes — Adams, Richardson, Rock, Hoboy, and Petrish. No — Christiansen. Motion carried. Acceptance: 2005 CBD Sidewalk Replacement Proiect Mr. Bob Hyde, Director of Public Works, reported that the sidewalk replacement project between 10th and 11th Streets is complete. The contract was awarded to Island Construction Site and Utilities, was completed according to the terms of the contract, and provided the community with a quality product. As an aside, Mr. Petrish suggested that there should be some notation on the arch/sign as you leave the downtown area. With that, Mr. Christiansen moved, seconded by Mr. Rock, to accept the 2005 Commercial Business District Sidewalk Replacement project as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed any retainage now held by the City will be returned to the contractor. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, and Adams. Motion carried. Update: Public Works Accreditation Mr. Bob Hyde, Director of Public Works, briefed the Council on the Public Works Accreditation development. This two-year process covered a review of a number of different areas throughout the Department from administrative to technical; 399 practices were completed. Advancements were made in the automated equipment rental program policies, street signage, design standards, and a water distribution operations manual. Mr. Hyde thanked the Council Personnel Committee, Emily Schuh, Wanda Johnson, Jesse Hoffheimer, Adrian Moore, Larry LaRue, and Sandy Anderson for their staff support. The next phase will include a 5 -day inspection; with successful completion of the inspection Anacortes will be one of 30-40 cities in the country that have passed this accreditation process. 19 4 .ane 20, 2005 -- continued Consent Agenda Mr. Christiansen moved, seconded by Mr. Hoboy to approve the following Consent Agenda item. Vote: Ayes — Rock, Hoboy, Petrish, Adams, Christiansen, and Richardson. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on June 9, 2005 and June 16, 2005 for payment as of this date June 20, 2005. Claims Warrants for the month of June Warrant Numbers 31855 through 32071 in the total amount of $315,770.97 Prewritten Claims for June Warrant Number 31854 in the total amount of $14,454.63 Pavroll # 1 for June 15, 2005 in the total amount of $422,514.74 Warrant Numbers 27444 through 27518 in the total amount of $70,738.71 Direct Deposit Numbers 15014 through 15163 in the total amount of $227,358.51 EFT Numbers 427 through 431 in the total amount of $124.417.52 In the same motion Council cancelled Warrant No. 30946 in the amount of $350.00; Warrant No. 31082 in the amount of $154.05; Warrant No. 31647 in the amount of $27.92; Warrant No. 31791 in the amount of $51.49; and Warrant No. 31801 in the amount of $1,511.68 Public Hearinq: Vacation of a Portion of 25th Street — Jurkovich Mayor Maxwell announced that the Petition to vacate a portion of 25th Street was withdrawn and the Public Hearing cancelled. Public Hearinq: Vacation of the alley in Block 9, Queen Anne Addition — Janz Mayor Maxwell announced that the Public Hearing on a Petition to Vacate the alley in Block 9, Queen Anne's Addition has been postponed to Tuesday, July 5, 2005. Street Fair Application: 4th of July Extravaganza — Revised Route Mr. Bob Hyde, Director of Public Works, explained that the 4th of July street closure application has changed from previously approved routes. This year the route will be extended through the downtown arch then westerly on 11 th Street. Mrs. Richardson supported the proposal and moved to approve the revised annual 4th of July Extravaganza revised street fair application from 8:00 a.m. to 2:00 p.m. and from 8:00 a.m. to 5:00 p.m. at Causland Park. The approval is subject to staff recommended parking restrictions, public works, and police services. Affected downtown businesses were in favor of this route change according to Mr. Mike Broome, Chamber of Commerce Executive Director. Vote: Ayes — Hoboy, Petrish, Adams, Christiansen, Richardson, and Rock. Motion carried. Approval of Additional Disabled Parkinq Spaces in Central Business District Mr. Bob Hyde, Director of Public Works, introduced Mr. Kirk Kennedy of Barrier Busters. Mr. Kennedy presented a proposal for additional disabled parking spaces in the Central Business District (CBD). By way of background Mr. Kennedy explained that there are almost 2,500 disabled citizens in Anacortes; also, over 21 % of the City's residents are 65 and over — almost twice the national average. In other words, a significant segment of our population could benefit from improved accessibility. Using an overhead Mr. Kennedy reviewed the downtown parking space inventory. After extensive research and analysis the Barrier Busters recommend increasing the number of CBD parking spaces from 7 to 20 in a phased approach over the next two years. Mr. Kennedy underscored the benefits of using diagonal spacing; the project will be phased - Phase I — east side, Phase II — west side in 2006. The proposal includes new striping to avoid loss of existing parking spaces. Mr. Hoboy moved, seconded by Mrs. Richardson to approve the Barrier Buster recommendations. Vote: Ayes - Petrish, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Ship Harbor Latecomer Final Approval Mr. Bob Hyde, Director of Public Works, briefed the Council on the latecomer agreement status for the Ship Harbor Regional Pump Station. The Station, now complete and a great success, has the potential to serve 700 homes and 192 acres of drainage area; Clearidge sewage is now flowing through the station. The facility was built on the premise that funding would come from Latecomers fees. Mr. Hyde emphasized that costs for building individual pump stations for each of the adjacent developments would be prohibitive; additionally, the hydraulic capacity of the Oakes force main would preclude having more than one facility — and without that one facility there would be no development on the north side of Oakes Avenue. The Mayor and Council emphasized the significance of the commitments made by the adjacent property owners to share the costs of this critical facility. Action on final allocation costs and various legal tn technicalities still remain. This matter will be brought back to Council on July 5 June 20, 2005 -- continued 1942 Award Stormwater Comp Plan Update: Phase II of II Mr. Bob Hyde, Director of Public Works, presented a request to move forward with Phase II of the Stormwater Management Plan. The second phase will allow for the finalization of the stormwater plan and to specifically develop a highly anticipated stormwater engineering model for City use and upkeep. Mr. Hoboy discussed using the model for outfall consolidation. After discussion Mr. Christiansen moved, seconded by Mr. Hoboy, to authorize the Mayor to enter into an agreement with Gray and Osborne in the amount of $92,329 for Phase II of the Stormwater Management Plan. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Ordinance: Repealinq Ordinance 581 — Excavation Mr. Fred Buckenmeyer, City Engineer, introduced an Ordinance to Council for review and approval. If adopted the Ordinance would repeal obsolete Ordinance No. 581 which addresses street excavations. City codes were reviewed as part of the Public Works Department accreditation process and obsolete codes were tagged for update. Mr. Christiansen recommended minimizing language in Section 1 and correcting the formatting in Section 2. Mrs. Richardson recommended changing Section 5 A. to read: "Permanent restoration may include overlays of portions of the right of way and landscaping which hasn't been disrupted..." With those three changes, Mrs. Richardson moved, seconded by Mr. Rock, to adopt Ordinance No. 2710 entitled "An Ordinance Repealing Obsolete, Superseded or Unconstitutional Ordinances and Portions Thereof for the City of Anacortes, Washington" and to adopt Ordinance No 2711 entitled "An Ordinance Adding A Street Excavation Permit Requirement". Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, and Adams. Motion carried. Ordinance: Authorizinq Public Works Director to Adopt Enqineering Standards Mr. Fred Buckenmeyer, City Engineer, introduced an Ordinance to Council reflecting intense staff and community planning and preparation to form a set of standards that will function as the framework for design and construction of both private and public infrastructure in the City. The proposed Standards have been used for 6 months and have been well received. The Development Standards Committee continues to meet and will revise areas where clarification is necessary. These standards augment the City's Municipal Code. Council thanked staff and community members who participated in this process. Mr. Christiansen suggested that the Council adopt the standards rather than authorizing staff to do so, and to impose more stringent standards when necessary. Councilmembers discussed the potential impacts of Mr. Christiansen's suggestions and also reviewed the appeal process. With that, Mr. Hoboy moved, seconded by Mr. Adams, to adopt Ordinance No. 2712 entitled 'An Ordinance Authorizing the Direct of Public Works to Adopt Policies Related to Engineering Standards". Vote: Ayes - Richardson, Rock, Hoboy, Petrish, and Adams. No — Christiansen. Motion carried. Update on Water Rate Study Mr. Bob Hyde, Director of Public Works explained that the City is required by contract with large customers to perform a water rate study every 3-5 years; the current study began in April 2004. The next step will be to hold a Water Rate Study Committee meeting on June 23rd. Assuming the committee approves the consultant's recommendations, the final rates and report will be presented for approval to City Council at the July 5th meeting. Mr. Hyde then introduced Mr. Ashley Emery and Mr. Thomas Zerkel from Gray and Osborne; the water rate consultants provided the latest rate proposal. There being no further business at approximately 10:30 p.m. Mayor Maxwell adjourned the regularly scheduled meeting of June 20, 2005. (. Wanda P. Johnson, City erk-Treasurer H. Dean Maxwell, ayor v Councilmember 1943 July 5, 2005 At 7:00 p.m. Mayor Maxwell convened the Special Meeting of the Anacortes City Council. The Council met in Executive Session to discuss the Teamster's Bargaining Agreement and to hear an unfair labor practice update. Mayor Maxwell concluded the Special Meeting at 7:25 p.m. without having taken any action. At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Tuesday, July 5, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Cynthia Richardson, and Bud Rock. Absent: Terry Christiansen. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson moved, seconded by Mr. Rock that the minutes of June 20, 2005 be approved as if read. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. ,Mayor/Council Communication; Mayor Maxwell attended the recent Association of Washington Cities conference held in Richland; at that Conference the City of Anacortes received achievement awards for the Wellness Program, administered by Lynn Barber, and for the Tommy Thompson Parkway trail. Additionally, the Mayor testified before the Washington State House community trade and economical development committee on our process for updating local critical areas legislation. The Mayor reported on the well -attended dedication for the new downtown arch; the Mayor expressed appreciation for the Downtown Destination Anacortes/Chamber of Commerce efforts toward the planning and construction of the arch. The Mayor also remarked on the total success of the 4th of July parade. Mrs. Richardson reminded the audience that the City just held the first of a series of public meetings to review the existing Comprehensive Plan; the review satisfies the 10 -year review cycle requirement. The meetings are open to the public and are held at 4:00 p.m. on Tuesday afternoons throughout July and August in the Municipal Building Council Chambers. Mr. Rock asked for a 4tn of July incident report: Pofice Chief King reported a decline in the number of calls over last year's statistics; the calls related to fireworks were quickly and efficiently dealt with; Fire Chief Curtis said that when two brush fire calls were investigated no sparks or fire hazards were found; there was one fireworks related injury and all in all the weekend was a public safety success. Mr. Petrish asked for an update on the Guemes Park parking issue; Mr. Bob Hyde, Director of Public Works surveilled the lot usage over the weekend and did find plenty of open parking spaces; also Police Chief King discussed overnight and on -street parking in the area. Mr. Sizemore said that this year's fireworks display was undoubtedly the best ever. The all out campaign to raise funds for the event was a success. In preparation for next year Mr. Sizemore asked that time be set aside at a Council study session agenda to discuss future fund raising strategies. Mr. Sizemore thanked the Anacortes American and KLKI for getting the word out to the public on this meaningful community effort. Water Rate Study 2005-2007 Update Mr. Bob Hyde, Director of Public Works, together with City staff and consultants met with our major wholesale and industrial water customers to discuss rates. During negotiations Tesoro asked for a minor modification to their committed water volume; all contract amendments will be developed for each of the customers and implemented on September 1St. Mr. Hyde then highlighted additional water rate study results: City rates will stay the same; an agricultural rate will be established; and a new penalty clause for the major wholesale and industrial customers will be implemented if and when they exceed their committed volume. Further, rates for excess usage will be billed at commercial rates for customers outside the City limits. Emergency power will be part of future negotiations with customers, and proposed General Facilities Charges for new services will be brought back for Council review during budget discussions. Consent Aqenda Mr. Rock moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes Sizemore, Adams, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on June 23, 2005 and June 30, 3005 for payment as of this date July 5, 2005. Claims Warrants for the month of June Warrant Numbers 32072 through 32238 in the total amount of $552,357.51 Pavroll # 2 for June 30, 2005 in the total amount of $634,137.72 Warrant Numbers 27519 through 27611 in the total amount of $232,220.66 Direct Deposit Numbers 15164 through 15266 in the total amount of $226,554.23 EFT Numbers 408 through 435 in the total amount of $175,362.83 July 5, 2005 -- continued 1944 In the same motion Council adopted Ordinance No. 2713 entitled "An Ordinance Vacating a Certain Portion of the Alley in Block 4, Adjacent to Lots 9 through 12 and 13 through 16 of the Seattle Syndicate Addition to the City of Anacortes, Skagit County, Washington"; Council voted to enter into a Latecomers Agreement with affected parties (see June 13, 2005 Memorandum from Bob Hyde to Mayor/Council for final cost allocations and the benefiting properties) for the Ship Harbor regional pump station; and Council approved the Eagles Annual Salmon Barbecue Street Fair Application (approval includes certain street closures. parking restrictions, and Public Works services) for Friday, August 19, 2005 through Sunday, August 21, 2005, 7:00 a.m. to 8:00 p.m. daily. Ordinance Refunding Bond Mayor Maxwell explained that the City will be able to refund certain Library bonds representing a savings of $209,500 together with a significant reduction in the bond levy. Ms. Wanda Johnson, Finance Director, presented an Ordinance to Council for review formalizing the bond reduction; final Ordinance adoption will be at a later date. Award 41St Street Pedestrian Improvements Mr. Bob Hyde, Director of Public Works, presented a request for Council to award the 41St Street pedestrian improvement project. Bids were opened on June 28, 2005 with Schwetz Construction the apparent low bidder in the amount of $211,910.50. The work will be completed by late August in preparation for the new school year. The improvements include new sidewalks, curb and gutter, and storm drainage from "M" Avenue to "H" Avenue on the north side of 41St Street. A new signaled school crossing will also be added. Mr. Hyde explained that Schwetz has contracted with the City on a number of successful City projects. Discussion followed regarding 41St street water drainage. Mr. Jeff Miller, Assistant City Engineer, said that the work began on July 11th with an August 30th completion date. Discussion followed with Mr. Miller regarding grants and funding sources; driving lane width; and crosswalk location. With that, Mr. Hoboy moved, seconded by Mr. Petrish, to award the 2005 41St Street Sidewalk Improvement Project to Schwetz Construction in the amount of $211,910.50. Vote: Ayes — Adams, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Authorize Purchase of Replacement Fire Enqine Fire Chief Richard Curtis explained that a Selection Committee put together an information packet on four fire engine manufacturers; in particular Chief Curtis thanked Lt. Derry[ Schuetz for his staff work on the packet. After research and review of quotes the Committee recommends Pierce Manufacturing Company for the engine replacement. One of the positive aspects of Pierce Manufacturing is the availability of a local area representative to coordinate maintenance. The Chief explained that with this purchase the 1985 GMC engine will be placed in reserve status; the new engine will be assigned to the Skyline Station, Mr. Sizemore, with the support of the Public Safety Committee, moved to authorize the Mayor to enter into an Interlocal Procurement Agreement between Whatcom County Fire District # 8 and the City of Anacortes for the purchase of a Pierce Manufacturing fire engine in the amount of $306,923. Mr. Rock seconded the motion. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Public Hearinq: Vacation of the Allev in Block 9, Munks Queen Anne Addition - Janz Mayor Maxwell opened the Public Hearing to review and take public testimony on a Petition to Vacate the alley in Block 9, Munks Queen Anne Addition submitted by Mr. and Mrs. Gordon Janz and Mr. Leonard Ellingson. Using an overhead display, Mr. Bob Hyde, Director of Public Works, helped familiarize Council with the alley between 14th and 15 Streets and "I" and "H" Avenues; the property is vegetated and generally wet. The Design Review Group met on May 27th and recommended against vacating the alley citing limited access routes in the area for both streets and utilities. It was suggested that the petitioner submit a development plan. The matter was brought before the Board of Adjustment on June 16th with a vote to recommend against vacating the right-of-way. Additionally, Mr. Kris Hansen submitted a June 16th letter outlining his concerns regarding loss of pedestrian access. Mr. Gordon Janz, 2006 13th Street, addressed the Mayor and Council and explained that his family hoped to build a home at this site. With the added property provided by the vacation he could build his desired home in spite of increased wetland buffer concerns; without the added square footage his second proposal would be to develop a duplex for investment purposes. Prior to this evening's meeting Mr. Janz submitted responses to the BOA, DRG, and neighborhood concerns. In response to a question from Mrs. Richardson, Mr. Janz thought there would be just less than 10,000 square feet of buildable area outside the wetland boundary. Mr. Janz then described the boundaries of the wetland area in Block 9; he stated the other petitioner had no interest in the vacated right-of-way. He pointed out that access to the ball fields through the alley requires traffic through the wetland; additionally, wetland setbacks have increased from 25' to 35'. With this vacated alley accommodation Mr. Janz could build his home and still retain the 35' wetland setback. Mr. Hoboy discussed current thinking on connectivity corridors; he suggested that hardship was not clearly presented by the petitioner. Mr. Rock suggested that 14th and 15th streets would be more likely access corridors; however, he thought that additional information regarding the petitioner's building plans and wetland boundaries would be needed to make a decision. Mrs. Richardson pointed out that wildlife corridors through the wetland should be given consideration; she also had questions about total buildable area and discussed buffer averaging. Mr. Petrish suggested that the wetland is a constraint to any future development of the alley. With that, Mr. Rock moved, seconded by Mr. Sizemore, to table this matter for two weeks. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Closed Record Meeting: Conditional Use Permit — Private Drive as Access - Harvev Mayor Maxwell initiated the Council review of a Conditional Permit application submitted by Mr. Neal Harvey. Mr. Harvey is asking to access a building site via a private drive at 3113 "H" Avenue. Mr. Ian 1945 July 5, 2005 -- continued Munce, Planning Director, described the Harvey development scenario. The one acre parcel, as it now exists, has platted access on improved "I" Avenue and practical access from a private drive on unimproved "H" Avenue ("H" Avenue has never been developed and has a steep rock outcropping). Mr. Harvey is proposing to split his parcel into two building sites (there's an existing house on one); he must now meet City code access requirements for both lots. The newly created lot to the west will no longer have platted access on "H" Avenue; in that case the only way to access the existing house would be via the private drive. Permission to do so can only be granted through the Conditional Use process. The neighbor, Mr. Richard Flickinger, raised concerns about density in that area; as a result of these discussions Mr. Harvey reduced his original 3 -lot short plat proposal to two lots. The Planning Commission held Public Hearings on this matter and recommended approval subject to 18 conditions. Council discussion followed on future development in this area and limitations to development due to the terrain. With that, Mrs. Richardson moved, seconded by Mr. Adams, to approve the Conditional Use Application to access the house at 3113 "H" Avenue by a private street subject to the conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Richardson. Motion carried. Public Hearinq: Adoption of 2006 CFP Mayor Maxwell opened the Public Hearing to take public comment on the 2006-2011 Capital Facilities Plan (CFP). The Plan displays projects proposed for implementation over the next six-year period; Mayor Maxwell emphasized that this document is a planning tool to help make long-term choices consistent with the City's Comprehensive Plan. The Plan has been reviewed extensively by staff and Council. There were no comments from the audience and the Mayor declared the Public Hearing Closed. Ms. Wanda Johnson, Finance Director, explained that the total estimated expenditures/revenues from each major CPF category is $71,937.925. With that, Mr. Petrish moved, seconded by Mr. Sizemore to adopt Ordinance No. 2714 entitled "An Ordinance Adopting the Capital Facilities Plan (CFP) for the 6 - year Period 2006-2011 ". Vote; Ayes — Hoboy, Petrish, Sizemore, Adams, Richardson, and Rock. Motion carried. Resolution: Teamster Barclaininq Aqreement Ms. Emily Schuh, Human Resources Director, presented a Resolution to Council approving the 2006- 2008 Teamster's contract with a 3% wage increase for each year of the contract; an additional feature of the contract includes employee contributions toward health insurance premiums. The Agreement was reviewed extensively by Council in Executive Session. There were no questions or comments and Mr. Sizemore moved, seconded by Mr. Hoboy, to adopt Resolution No. 1705 entitled "A Resolution Authorizing Acceptance of the Bargaining Agreement by and between the City of Anacortes and the International Brotherhood of Teamsters Local 231." Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Motion carried. There being no further business at approximately 9:45 p.m. Mayor Maxwell adjourned the regularly scheduled meeting.of Ju 5, 2005. ., � A q n ,If,�k Wan P. Johnson, ity Cle c-Treasur�er'� H. Dean Maxwel , Mayr Councilmismber 1946 July 18, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of July 18, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Hoboy, to approve the minutes of July 5, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Abstain: Christiansen. Motion carried. Citizen Hearinqs Mr. Bill Mitchell, 807 27th St., updated the Council and community on various mural and historic preservation projects. In particular he reported that a documentary of Anacortes is underway; costs could reach $10,000 to move a historically significant building; and sponsors are needed for a Tommy Thompson mural. Mayor/Council Communication; Mayor Maxwell attended the launching of a $17 million 164' research vessel for the University of Delaware. The state -of -the art vessel was constructed by Dakota Creek Industries of Anacortes. AWC Award — Georae Khtaian Mayor Maxwell and Councilmembers presented an Association of Washington Cities Civic Service Award to former Finance Director George Khtaian. The award recognizes Mr. Khtaian's 271/2 years of outstanding service as Finance Director/City Clerk for the City of Anacortes. Mr. Khtaian accepted the award to a standing ovation; he then thanked the Council and Mayor for this opportunity to express appreciation and to say farewell. Ordinance: Ms. Wanda Johnson, Finance Director, presented a Library Bond refund Ordinance to Council for review and adoption. Ms. Johnson briefly summarized the Library bond history: Anacortes citizens voted for a levy to support the construction of the Library; the City issued over $6,000,000 in bonds in support of this project; because of lower construction costs a refund was available through lower bond levies on property tax. With adoption of the current bond refund Ordinance a total $740,000 savings will be realized. Ms. Johnson pointed out that this savings is due in part, to the City's excellent bond rating; this rating reflects the growing tax base, stable financial operations, and the City's low management debt burden. Additionally, the City maintains and exceeds reserve goals in all City funds. Ms. Johnson then introduced Ms. Jane Towery of Banc of America Securities and Mr. Lee Voorhees of Foster Pepper & Shefelman, PLLC to describe the bond sale and to review the Ordinance. After discussion, Mr. Rock moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2715 providing, in part, for the call, payment, and redemption of the outstanding Library bonds to be refunded. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Anacortes Cinema Lease Amendment Mr. Ian Munce, City Attorney, presented a proposed amendment to the Anacortes Movie Theater Lease. With this amendment the lessee rather than the sub -lessee will be responsible for the monthly payments to the City for the lease of a portion of the City of Anacortes parking lot at 5th Street and "O" Avenue. Mr. Munce further recommended that the lease be restructured with a lower initial payment and a higher later payment. The restructuring will assure consistent payment to the City and will support the continuation of a successful downtown theater. Mrs. Richardson inquired about the building insurance arrangements. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen to approve the proposed amendment to the Anacortes Movie Theater Lease as outlined in a July 11, 2005 memorandum from the City Attorney to the Mayor and City Council, and that the City of Anacortes be named as an additional insured. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Tree Ordinance: CAC Formation Mr. Ian Munce, Planning Director, reported to Council that during the 2004 annual Comprehensive Plan and Development Regulation update a Citizens Group developed a detailed proposed Tree Ordinance for Planning Commission and Council review. Out of that annual review and over the ensuring year the City has worked its way through a number of community development issues one of which is a revised Landscaping Ordinance. If the Council should choose to establish a citizens advisory or technical advisory committee, participation may be of interest to members of the 2004 Citizens Group. Discussion followed regarding the efficacy of just such a Committee. With that, Mrs. Richardson moved to establish a Citizens Advisory Committee for the City Landscaping Ordinance Update and to invite nominations over the next 30 days. Mr. Munce will bring a list of candidates back to Council for 19 4 7uly 18, 2005 -- continued appointment and Chairman selection. Mr. Rock seconded the motion. Vote:' Ayes - Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Discussion: Petition to Vacate - Janz Mr. Ian Munce, Planning Director, explained that a Public Hearing was held on July 5th to review a Petition to vacate the alley in Block 9, Queen Anne Addition. The hearing was closed and the matter was tabled for two weeks so that the Petitioner could provide additional information. Mr. Gordon Janz, provided a letter addressing issues raised at the Hearing: buildable space, hardship, wetland location, and pedestrian access. Of note is a letter of intent from the abutting property owner expressing an interest in purchasing his half of the vacated alley. Mr. Petrish suggested that the alley would not be used for access based on the existence of the wetland. Mr. Hoboy discussed loss of connectivity corridors for animals. Mr. Gordon Janz 2006 13th St., responded to a question from Council; he purchased the property 3 years ago. However, the parcel has been in the possession of his wife's family's for approximately 25 years; Mr. Christiansen remarked that the family ownership predated the City's wetland Ordinance. Mr. Adams said that the vacation would provide both a 35' wetland buffer and more buildable area for Mr. Janz's home — a win-win scenario. Mr. Hoboy spoke against vacation citing lack of demonstrable hardship and loss of connectivity corridors. Mrs. Richardson discussed setting a precedent with this action. After discussion, Mr. Adams moved, seconded by Mr. Sizemore, to approve the vacation of the alley in Block 9, Munk's Queen Addition to Anacortes. Vote: Ayes — Rock, Petrish, Sizemore, Adams, Christiansen. No — Richardson, Hoboy. Motion carried. Consent Aqenda Mr. Rock moved, seconded by Mr. Sizemore to approve the following Consent Agenda item. Vote: Ayes Sizemore, Adams, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on July 7, 2005 and July 14, 2005 for payment as of this date July 18, 2005. Claims Warrants for the month of Julv Warrant Numbers 32239 through 32467 in the total amount of $330,006.47 Arts Commission Ordinance Mr. Gary Robinson, Director of Parks and Recreation, presented an Ordinance to Council for review. If adopted the Ordinance would create an Arts Commission for the City of Anacortes. Mr. Robinson has been working with a group of interested citizens appointed by Mayor Maxwell to research the formation of just such a Commission. The matter was reviewed by Council in Study Session on July 11th; staff recommends adoption. With that, Mr. Christiansen moved, seconded by Mrs. Richardson, to adopt Ordinance No. 2716 entitled "An Ordinance Creating an Arts Commission for the City of Anacortes". Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Award Contract Design Modification to Leonard Boudinot & Skodie for Stevenson Road Sewer Proiect Mr. Fred Buckenmeyer, Assistant City Engineer, presented a request for a contract modification to the Leonard Boudinot and Skodje's design contract for the Reservation/Stevenson Road sewer line. Mr. Buckenmeyer explained that the City began the design and layout of a new sewer line to serve the property southwest of the Reservation /SR20 Road intersection. The modification now before Council is to complete the design of the sewer system, prepare SEPA environmental documentation, prepare final easement legal documents, and provide construction services. Easement commitments are in place. Questions followed regarding pump station and regional service issues. With that, Mr. Sizemore moved, seconded by Mr. Hoboy to authorize the Mayor to enter into a Reservation/Stevenson Road sewerline contract modification with Leonard, Boudinot & Skodje in the amount of $43,830. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Windward: Next Steps Mr. Ian Munce, Planning Director, set the context to review a request from the developer and Windward Village Homeowners Association to modify a Windward plat condition. Condition 11 of the Findings of Fact and Conclusions of Law require a 10 -foot wide trail not to exceed a 12% grade; no removal of trees without written approval; and retention of trees and understory in the wildlife corridor. However, re -vegetation was approved and the trail grades have caused safety and privacy issues. In June the developer and adjacent property owners approached the City Council with proposals on trail width, grade, fencing, and swale. The Council appointed a sub- committee to review this matter in depth. Discussion followed at a June 13th Study Session with direction for more sub -committee review. July 18, 2005 -- continued • Mr. Munce introduced Mr. Gary Robinson, Director of Parks and Recreation and sub -committee member. Mr. Robinson approached the Council with a summary of the proposal and committee recommendations together with a corridor landscaping plan. After discussion on all aspects of the request, Mrs. Richardson moved, seconded by Mr. Adams to approve the following clarifications to Condition # 11. Vote: - Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. a) Reduce trail width from 10 to 6 feet b) Allowance for increasing the grade of trail C) Ability to place fence inside corridor rather than on corridor boundary d) Modify drainage swale to washed rock creek bed e) The trail surface shall be crushed gravel PROVIDED THAT: 1. Plantings shall meet the minimum requirements of the City landscaping ordinance. 2. The number of trees and plants shown in the landscaping plan shall be doubled. 3. 6" of new topsoil shall be placed over the entire planting area. 4. 25% of the trees shall be three times the minimum size set forth in the City landscaping ordinance. 5. A landscaping maintenance bond shall be put in place for a period of three years. Executive Session: At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss a possible real estate acquisition. At approximately 9:30 p.m. the Council reconvened and without taking any further action adjourned the meeting of July 18, 2005. /I Mnda P. Johnson ity Clerk-Treasur4r � H. Dean Maxwell, yor .,e � CounGil member 1949 August 1, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of August 1, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, and Cynthia Richardson. Absent: Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Sizemore, read. Vote: Ayes — Petrish, Sizemore, Adams, carried. to approve the minutes of July 18, 2005 as if Christiansen, Richardson, and Hoboy. Motion Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. %Mayor/Council Communication", Mayor Maxwell announced an August 2nd Port/City Liaison Committee meeting to be held at 8:30 a.m. in the Mayor's office. The City received the first donation for the 2006 Fireworks Fund. Upcoming utility bills will include instructions on how to donate to next year's 4th of July community fireworks display. Mr. Christiansen referred to Legislative Bulletin regarding a July 28th meeting held in Spokane to review new requirements for water suppliers. Mr. Bob Hyde, Director of Public Works, reported that the City of Anacortes is aware of and in compliance with these new regulations. Mr. Hoboy reported that recently portions of Skyline were again without power; he has been in touch with the utility company on how to avoid further incidences. In answer to a question from Mr. Adams, the Mayor explained that the Moen Update will be placed on the August 15th agenda. Special Event: Anacortes Antique Machinery Show — September 10, 2005: Mr. Bob Hyde, Director of Public Works, presented a Street Fair Application for Council review and approval. The event, Anacortes Antique Machinery Show, will be held on September 10, 2005 at 91h Street from "Q" Avenue to "R" Avenue from 8:00 a.m. to 6:00 p.m. The applicant will supply barricades and parking restrictions will apply. "No Parking" signs will be posted 72 hours prior to the event; the City Street Division will provide those signs. Mr. Sizemore moved that the Street Fair Application for this well -attended annual event be approved subject to the applicant's submitted plan. Mr. Christiansen seconded the motion. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Hoboy, and Petrish. Motion carried. Consent Aaenda Mr. Hoboy asked that item 6.b be removed from Christiansen moved, seconded by Mr. Sizemore, to item. Vote: Ayes — Adams, Christiansen, Richardson carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following City's Auditing Officer (Finance Director) and Council Finance Committee on July 21, 2005 August 1, 2005. the Consent Agenda. With that, Mr. approve the following Consent Agenda , Hoboy, Petrish, and Sizemore. Motion vouchers/warrants audited and certified by the subsequently reviewed and approved by the and July 28, 2005 for payment as of this date Claims Warrants for the month of Auqust Warrant Numbers 32475 through 32640 in the total amount of $428,664.51 Pavroll # 1 for Julv 15, 2005 in the total amount of $448,799.21 Warrant Numbers 27612 through 27694 in the total amount of $74,864.40 Direct Deposit Numbers 15330 through 15477 in the total amount of $236,969.88 EFT Numbers 436 through 442 in the total amount of $136,964.93 Consent Aqenda item 6.b: Ordinance: Vacatinq the Alley in Munks Queen Anne Addition Mr. Hoboy asked that Council have the opportunity to further review the compensation calculations for the Janz alley vacation. Mr. Ian Munce, Planning Director, pointed out that clarification of the legal description was also necessary. The matter will be brought back before th the Council on August 15 August 1, 2005 -- continued 1950 Resolution: Homeland Securitv — Adoptinq NIMS Police Chief Mike King introduced a Resolution for Council review and adoption. Chief King explained that a Federal Commission was convened after September 11th to develop a homeland security program. The Committee recommended, as noted in the Resolution, that the nation have a standardized system for operating under disaster conditions. The National Incident Management System (NIMS) was created out of that need. The Chief then described the current Incident Command System and how it will be incorporated into the NIMS program. If adopted, this administrative change will create a common language between agencies; he also pointed out that future grant funding under any Homeland Security Program will require the City's adoption of NIMS. Questions followed on local emergency shelters, the NIMS organizational structure, and any costs associated with implementing this plan. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to adopt Resolution No. 1706 entitled "Adoption of National Incident Management System (NIMS)". Vote: Ayes — Christiansen, Richardson, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Authorization to Move Forward with Berk & Associates Economic RFP Ms. Wanda Johnson, Finance Director, reported that as Council directed a RFP Committee had been formed to review proposals on revenue projections for the City of Anacortes. Three consulting firms responded to the City's RFP and two of the firms responding were interviewed. As a result, the Committee recommends that the City proceed with contract development with Berk & Associates. The Scope of Work includes $15,000 for market analysis and $25,000 for the fiscal and land use analysis. Mr. Kirk Kennedy, Committee member, spoke in support of the process as did Mr. Christiansen characterizing this effort as long-range economic planning. After comments, Mr. Hoboy moved, seconded by Mr. Petrish, to authorize staff to proceed with contract development between the City of Anacortes and Berk & Associates for fiscal and economic development planning services. Vote: Ayes - Richardson, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. There being no further business the Mayor adjourned the meeting at approximately 8:10 p.m. Wanda P. Johnson, Pity Clerk -Treasurer H. Dean Maxwell, Mayor '14RS_4� Councilmember 2 August 15, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of August 15, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Cynthia Richardson, and Bud Rock. Absent: Terry Christiansen. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Sizemore, to approve the minutes of August 1, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. yMayor/Council Communication, ,7cz:.z: c .c ,i,ica^roG .z,rcr iorcrrz ;rcroroiciarraoroiciu/ Mayor Maxwell announced that the Peach Foundation, a private environmental educational organization, donated $20,000 to the City of Anacortes Conservation Easement program thereby protecting 20 additional acres of forest and wetland property south of Little Cranberry Lake. Additionally, $5,000 was granted to the Friends of the Forest to sustain their environmental educational program. The Mayor presented a commemorative plaque to Ms. Delphine Haley, Peach Foundation Board Member. On behalf of the Foundation, Ms. Haley thanked the City for this recognition; she shared that the Anacortes Forestlands and the associated educational programs are a perfect match for the foundation's funding philosophy. The Mayor commented that 920 forestland acres are protected in perpetuity through the Conservation Easement program. Ordinance: Vacatina the Alley in Block 9. Munks Queen Anne Addition - Janz Mr. Ian Munce, Planning Director, explained that Council previously approved the vacation of the entire alley in Block 9, Munks Queen Anne Addition. At that time an Ordinance reflecting that action was prepared for Council adoption but the legal description required amendment; in addition, Council asked to review the Engineering Department calculations used to set the compensation amount. The matter was then held over for two weeks; subsequently Council received a copy of a July 22, 2005 Engineering Memorandum outlining the calculation of value together with a corrected Ordinance. Mr. Munce clarified that half of the alley is either a wetland or a wetland buffer and cannot be developed. Mr. Hoboy suggested that the $6,960 required compensation doesn't reflect the surrounding accessed valuations. After discussion, Mr. Petrish moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2717 entitled "An Ordinance Vacating the Alley Lying Between Lots 1-10 and 11-20, Block 9, Munks Queen Anne Addition to the City of Anacortes, Skagit County, Washington" thereby approving the compensation amount of $6,960.00. Vote: Ayes — Sizemore, Adams, Richardson, Rock, and Petrish. No — Hoboy. Motion carried. COMCAST: City Proposal Mr. Ian Munce, City Attorney, referred to the revised Draft COMCAST Franchise now before Council. Mr. Munce explained that a utility Franchise Agreement can authorize the use City right-of-way. The current franchise agreement between COMCAST and the City has expired; a public meeting was held to take comments on the franchise renewal. Mr. Scott Thomas, Attorney, has been assisting the City in reviewing public and Council Sub -committee comments and incorporating them into the draft now before Council. Mayor Maxwell added that the City has limited power to regulate rates; Mr. Thomas also explained that current legislation may affect the ability to issue any franchises at all. Mr. Thomas met with the School District to discuss access time blocks for District programming. The Draft Franchise retains the existing channel and allows for the City to require COMCAST to dedicate an additional channel should there be extra time requirements. After discussion, Mr. Hoboy moved, seconded by Mr. Petrish, to authorize Mr. Scott Thomas, Attorney, to move forward with franchise negotiations with COMCAST. Vote: Ayes — Adams, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Public Hearina: Ordinance — Sharpe's Corner Annexation Mayor Maxwell introduced this item by extending thanks to the Willette family for its donation of 59 acres to the City of Anacortes; 20 acres of this property will be protected by a Conservation Easement; the remainder will be developed into a small business park. Mr. Ian Munce, Planning Director, explained that 33 of the donated acres are outside the current City limits. Over a number of years the City has worked toward including commercial/industrial property in the Urban Growth Area (UGA); recently Skagit County determined that the donated acreage fits within that allocation and approved including the 33 acres in our UGA. This action allows for the annexation process to move forward. Additionally, two property owners are adding their 9 acres to the annexation proposal. If approved, the annexation will be followed on by formal action of the Washington State Boundary Review Board. Mr. Munce then presented an overhead map highlighting the property layout and access points. The proposed LM 1 zoning language for this parcel will protect adjacent properties from dust, odor, and will prohibit recycling. August 15, 2005 — continued 1952 The Mayor opened the Public Hearing to take testimony from the audience. Mr. Rock abstained from participating on this issue. Mr. Ross O. Barnes, 1004 7th St., pointed out that a stream runs somewhere near Fidalgo Bay Road and suggested that a wetland delineation be provided. There were no further comments and the Mayor declared the Public Hearing closed. On questions from Council Mr. Munce explained that this action is a significant opportunity for the City; that the purpose of the annexation is to widen the City's economic base and to create jobs; that a reconnaissance level assessment of the property will be accomplished after the February 1, 2006 effective date; and that this new LM zoning language will be adopted as part of the City's current Comprehensive Plan update. With that, Mr. Sizemore moved, seconded by Mr. Adams, to adopt Ordinance No. 2718 entitled "Sharpe's Corner Annexation". Vote: Ayes — Richardson, Hoboy, Petrish, Sizemore, and Adams. Abstain: Rock. Motion carried. Moen Update Mr. Ian Munce, Planning Director, facilitated the discussion on the building code enforcement issues associated with the Moen property at 419 38th Street. Previously, a penalty was assessed against the Moens by the Community Improvement Board citing significant safety and building code issues; the Moens have asked for a refund of the penalty once corrective action and code compliance are complete. Mrs. Richardson pointed out that an electrical inspection must be completed before a Certificate of Occupancy can be issued. After discussion Mr. Adams moved, seconded by Mrs. Richardson, to deny the request for a refund and to set a 60 -day limit on securing the Electrical Inspection. Vote: Ayes — Richardson, Hoboy, Petrish, Sizemore, and Adams. No — Rock. Motion carried. Repealinq Outdated Wetland Ordinance: Ordinance Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. If adopted the Ordinance would repeal Zoning Ordinance Chapter 17.65, Nontidal Wetlands; this section has been updated and replaced by Chapter 17.70 (Critical Areas Ordinance). With that, Mr. Hoboy moved, seconded by Mr. Rock to adopt Ordinance No. 2719 entitled "An Ordinance Repealing that Certain Section of Ordinance No. 2316 and Constituting Title 17.65 of the Anacortes Municipal Code." Vote: Ayes - Rock, Hoboy, Petrish, Sizemore, Adams, and Richardson. Motion carried. Airport Fence/Clearing Update Mr. Ian Munce, Planning Director, by way of background, explained that the City and Port signed a 20—year development agreement allowing for, in part, lengthy and detailed language regarding the Anacortes Airport fence, trees, and buffer. The tree cutting incident now before Council is clearly identified as action taken by the Port outside the realm of the contract. The agreement strictly outlines prohibitions regarding clearing, logging, and other activity near or on the Airport buffer and adjacent properties. On August 8, 2005 certain trees within the protected buffer were destroyed. This public meeting has been arranged to hear what actions the Port will take to ensure that this will never happen again. Mr. Dan Stahl, Port Executive Director, stated that the Port takes this breach of contract seriously and will take full responsibility for mitigation. An initial assessment report outlining immediate steps has been prepared and distributed to the Council. Mr. Steve Hedrick, Director of Operations and Facilities, used an overhead to identify the buffer area cleared by the sub -contractor; the clearing was to initiate work on the Airport perimeter fence. Clearly, the chain -saw crew cleared in the wrong direction; a mitigation plan is being prepared and all logs remain on site. 44 trees in the buffer were lost as well as 7 trees on the Rockwell property. Mr. Hedrick said that prior to work re -starting continuous taping of the fence line and wetland buffer delineation will be required; all clearing limits will now be staked and ribboned -off. Marking will be inspected by City and Port staff and all trees will be felled away from the buffer and wetland buffers. Additionally, a comprehensive screening replacement program will be developed for this and other crucial areas on the Airport property. Mr. Hoboy suggested that this incident was the second inappropriate incursion into the buffer. Mr. Hedrick confirmed that the Port will be working on the mitigation plan together with the contractor and City staff. Mrs. Richardson suggested that when the mitigation is completed and approved that the contract be amended reflecting the remedial action. The Mayor and Councilmembers acknowledged that that a profound lost of habitat has occurred and that action must be taken together with the Port to create value from this setback. Appointment of a Tree Preservation Citizens Advisory Committee Mr. Ian Munce, Planning Director, submitted a list of potential candidates for the Tree Preservation Citizens Advisory Committee (CAC). The Committee term of service will be six months; Council authorized formation of this CAC on July 18, 2005. The following citizens expressed interest in serving: Phyllis Dolph, Anna Torgersen, Jim Taylor, May Haley, Sally Turner, Bill O'Brock, Cheryl Frazier, Nels Strandberg, Steve Mansfield, and Planning Commissioner Betty Kuehn. Mrs. Richardson moved to confirm this list of committee members and to appoint Ms. Kuehn as Committee Chair. Mr. Hoboy seconded the motion. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Richardson, and Rock. Motion carried. 19 5UJst 15, 2005 — continued "H" Avenue Notice of Completion Mr. Bob Hyde, Director of Public Works, reported to Council that the "H" Avenue Widening construction project is complete. The Contract was awarded to G.G. Excavation, Inc. in 2004 and the final extended contract price, including tax, is $1,209,525.47. The project extends from 32nd Street to 41st Street, and includes two 11' travel lanes, two 4' bike lanes, planter strips, and 5' sidewalk on both sides. The project successfully integrates pedestrian and vehicle movement; another key feature is the Ace of Hearts Creek restoration. Mr. Hyde explained that additional landscaping was required to meet permit requirements. After discussion, Mr. Sizemore moved, seconded by Mr. Adams to accept the "H" Avenue Widening Construction Project as complete (thereby initiating the mandatory 45 -day lien period; if no valid liens are filed any retainage now held by the City will be returned to the contractor). Vote: Ayes — Sizemore, Adams, Richardson, Rock, Hoboy, and Petrish. Motion carried. Consent Aqenda Mr. Rock moved, seconded by Mrs. Richardson, to approve the following Consent Agenda items. Vote: Ayes — Adams, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on August 4, 2005 and August 11, 2005 for payment as of this date August 15, 2005. Claims Warrants for the month of August Warrant Numbers 32641 through 32866 in the total amount of $389,834.84 Pavroll # 1 for July 29, 2005 in the total amount of $594,782.25 Warrant Numbers 27695 through 27789 in the total amount of $231,218.92 Direct Deposit Numbers 15478 through 155809 in the total amount of $224,863.89 EFT Numbers 440 through 446 in the total amount of $138,699.44 in the same motion Council: Adopted Ordinance No. 2720 entitled "An Ordinance Repealing Ordinance No. 2378 Vacating that Certain Portion of Illinois Avenue, Northern Pacific Addition to Anacortes, Passed and Approved the 16th Day of October 1995."; Accepted the Doon Way and Dover Street Repair project as complete thereby initiating the mandatory 45 -day lien period (Lakeside Industries — 05-033-001); and Accepted the Ship Harbor Pump Station Project as complete thereby initiating the mandatory 45 -day lien period (03 -014 -SEW -002 — Callen Construction, Inc.) Resolution: Authorizinq ACFL Grant Application Mr. Jonn Lunsford, Parks Department, introduced a Resolution to Council for review and adoption. If adopted, the Resolution would authorize application for funding assistance for a non -highway and off- road vehicles activities program (NOVA). If the funds are granted Anacortes police officers will patrol the Anacortes Community Forest Lands throughout peak use hours during 2006-2007. A similar program was in place during 2005 and proved to be very successful. The application under review is for $16,000 for the two-year period. After discussion, Mr. Rock moved, seconded by Mr. Petrish, to adopt Resolution No. 1707 entitled "Forest Lands Education and Enforcement Patrol 2006 and 2007". Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Bid Award: Truck Mounted Valve Operator WTP Mr. Bob Hyde, Director of Public Works, presented a bid from Ken Redding, Wheeling, Illinois for one truck mounted valve operator complete system in the amount of $18,781.17. The equipment will be mounted on the existing water maintenance truck. Mr. Hyde pointed out that this is a very specialized piece of equipment with few distributors; without this new equipment worker injuries will continue and the potential increases for valve breakage. Additionally, the Valve Operator will open the large valves at the Water Treatment Plant. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to award the Truck Mounted Valve Operator for the Water Treatment Plant to Ken Redding in the amount of $18,781.17. Vote: Ayes - Rock, Hoboy, Petrish, Sizemore, Adams, and Richardson. Motion carried. There being no further business the Mayor adjourned the meeting at approximately 9:45 p.m. `X1 My� Wanda P. Johnson, City/ Jerk -Treasurer H. Dean Maxwell, Mayor JW Councilmember 1954 September 6, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Tuesday, September 6, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Cynthia Richardson, Terry Christiansen, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson changed page 3, paragraph 2: "44 trees in the buffer were lost hRGIUdiRg and 7 trees on the Rockwell property."; and paragraph 3: "...SCheryl Frazier". With those corrections, Mrs. Richardson moved, seconded by Mr. Petrish, to approve the minutes of August 15, 2005. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Abstain: Christiansen. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. zvcczcz-rcr _cz�rci�i :� zz;r:,rc,-r✓.cz�i.::aci �r i�roior ;Mayor/Council Communication; Mayor Maxwell introduced by Mr. Paul Chaplik, Executive Director for the Skagit County United Way. On behalf of the Board of Directors Mr. Chaplik thanked the Mayor and Council for their endorsement of annual United Way campaigns. Formed in 1963, last year the Skagit County Chapter raised $822,000 — funding which supported 30 local Skagit County non-profit organizations. As an example of local funding needs, the Meals on Wheels program has been experiencing a decrease in federal funding; increased local support will be necessary to keep this critical service operational. Mr. Chaplik announced the current campaign goal of $830,000. The Mayor then read a Proclamation entitled "Proclamation: United Way Campaign in Skagit County September, October, November 2005". The Mayor declared those months as United Way Campaign Months in the City of Anacortes and encouraged everyone to volunteer and contribute financially to the United Way. The Mayor announced the completion of the Safe Kids to School sidewalk project at Mt. Erie School. The signals and crossing improvements are state of the art; the Mayor invited everyone to take a look. Mavor',s Award of Merit Mayor Maxwell announced that Mr. Jonn Lunsford is the most recent recipient of the Mayor's Award of Merit. Mr. Lunsford, the Operations/Forest Lands Manager, has been a first-rate steward of the City's successful Conservation Easement Program; he is an excellent supervisor with an outstanding work ethic and strong commitment to the environment. Mr. Lunsford accepted a gift certificate to a local restaurant; additionally, his name will be added to the plaque in the Council Chambers recognizing all Award beneficiaries. Mr. Petrish suggested that bicyclists using the Tommy Thompson trail warn pedestrians ahead of them of their presence; also bicyclists should reduce speed when the trail is crowded. Mr. Petrish also drew attention to an Eagle Scout enhancement project at the waterfall north of the Plywood Mill. Also Mr. Petrish (Ward 1 Council representative) said that at a recent political event Port Commissioner candidate T.K. Wegg referred to "comments" from the "Ward 1 representative". Mr. Wegg clarified that he was in error and the "comments" were from another Council representative. Mrs. Richardson warned that broken seashells on the trail near the trestle can rupture bicycle tires. Conservation Easement Program — Final Approval of Additional Groves Mr. Jonn Lunsford, Forest Lands Manager, requested that 155 acres be protected through the Conservation Easement Program. Council reviewed the proposal and map via a July 28, 2005 memorandum from Mr. Lunsford. Mr. Lunsford explained that this action would permanently place a conservation easement on these 155 acres bringing the total number of acres conserved to 870. Mr. Christiansen expressed appreciation that attention is being paid to protect the interior acreage. With that, Mr. Sizemore moved, seconded by Mr. Petrish, to include the 155 acres into the Conservation Easement Program. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Proposal for Mitigation for the Jasper Wav Extension Mr. Ian Munce, Planning Director, explained that with the Jasper Way connection to Anacopper Mine Road a small 2,000 square foot wetland encroachment occurred. As part of that development process the City staff applied for a Conditional Use permit for a wetland encroachment; the application was approved subject to a 2,000 square foot mitigation on-site 1955 September 6, 2005 -- continued and a 4,000 square foot mitigation off-site. The City investigated the wetland area off of West 8th Street as a mitigation project; Mr. Munce then described the work proposed to enhance this property. The proposed mitigation will cover approximately 10,000 square feet (rather than the 4,000 required); although the City does not have a formal mitigation banking program staff recommends that 6,000 square feet of the improvements be held for credit against future Public Works projects. Mrs. Richardson commented on the excellent proposal for quantity and variety of plants; she suggested that invasive species be removed by hand for areas in the range of 500-1,000 square feet before the use of herbicides is employed. After discussion, Mrs. Richardson moved, seconded by Mr. Rock to approve the mitigation plan in the amount of approximately $60,000 together with $5,200 for ATSI field supervision and coordination; further, the improvements will not create a necessity for a buffer on the adjacent residential properties; and 6,000 square feet of mitigation shall be held for credit against future Public Works projects. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Proposed Amendments to Development Plan for Sunset Cove PUD Mr. Ian Munce, Planning Director, introduced a request by the current owners of the Sunset Cove Planned Unit Development to amend the approved Final Development Plan. Originally approved for 12 -duplex units (24 total living units) the current concept is now for 6-fourplex units (24 total living units). Procedurally, the Planning Commission can approve this amendment without additional public hearing. Neighbors within 300 feet of the project were notified of this proposed change and were given an opportunity to comment. Mr. Christiansen suggested that it would be appropriate for the Planning Commission to decide on this revision. On a question from Council, the proponent offered that there would be more open space through this amendment. Mrs. Richardson discussed the need for public input and moved to authorize the Planning Commission to make a decision on this matter through the Public Hearing process. Mr. Sizemore seconded the motion. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Consent Aqenda Mr. Rock moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on August 18, 2005, August 25, 2005, and September 1, 2005 for payment as of this date September 6, 2005. Claims Warrants for the month of Auqust Warrant Numbers 32870 through 33107 in the total amount of $562,007.96 Prewritten Claims for the month of Auqust Warrant numbers 32868 and 32869 in the total amount of $7,717.00 Pavroll # 1 for Auqust 15, 2005 in the total amount of $440,711.57 Warrant Numbers 27790 through 27872 in the total amount of $74,035.50 Direct Deposit Numbers 15644 through 15791 in the total amount of $230,751.36 EFT Numbers 447 through 451 in the total amount of $135,924.71 Pavroll # 2 for Auqust 31, 2005 in the total amount of $594,292.84 Warrant Numbers 27873 through 27964 in the total amount of $231,428.90 Direct deposit Numbers 15792 through 15895 in the total amount of $225,672.15 EFT Numbers 449 through 455 in the total amount of $137,191.79 In the same motion Council: Adopted Ordinance No. 2721 entitled "An Ordinance Adopting a Policy for Proper Addressing and Street Naming for the City of Anacortes, and repealing Ordinance No. 540 entitled 'An Ordinance Adopting the Names of Streets, Avenues, and Public Places and Providing a System of Numbering the Buildings Thereon in the City of Anacortes, Washington."' Mavor's 2006 Budget Presentation Mayor Maxwell addressing the Council and citizens of Anacortes presented the 2006 Budget for review and comment. The Mayor then shared an overview of the $34,800,000 budget. Of note was the fact that Anacortes remains the lowest taxing City in Skagit County; property tax revenues largely fund operations of the City's general government departments. User fees will be reviewed during 2006 but no increases are proposed in this Budget; additionally, no general rate increases are proposed. The Mayor described the budget preparation; he then reviewed 1956 September 6, 2005 -- continued Public Safety, Fire, Public Works — including streets/trails (the budget for the sidewalk program will increase from $31,000 to $100,000 in 2006) water treatment, transmission and distribution, wastewater treatment, collection, and conveyance, storm drainage; Library; Legal/Courts; Planning; Human Resources; Museum; Parks; and Administration/General. In conclusion, looking forward to the Council's and citizen input, the Mayor said that the City continues to maintain strong Restricted Reserves in all funds. The policy to maintain 5% of budgeted expenditures held in reserve for each fund has been maintained. An additional funding request increase is for the Drug and Alcohol Triage Center in Burlington; the Center provides critical services to people in desperate need. The 2006 budget is fiscally conservative reflecting the current times. Public Works Department will be reviewed will be reviewed by Council on September 12tH Ordinances: Reduce Speed Limit on Sunset Avenue from 30 m.p.h. to 25 m.p.h. and Reduce Speed Limit on March Point Road from 50 m.p.h. to 40 m.p.h. Mr. Bob Hyde, Director of Public Works, presented two Ordinances for Council review and approval for reduction in speed limits. The proposed reduction on Sunset Avenue is driven by an increase in pedestrian and motor vehicle traffic along the avenue making it increasingly hazardous for pedestrians. Until Sunset Avenue design and widening is complete this speed reduction will provide some immediate protection. After discussion, Mrs. Richardson moved, seconded by Mr. Rock, to adopt Ordinance No. 2722 reducing the speed limit from 30 mph to 25 mph on Sunset Avenue and Ordinance No. 2723 reducing the speed limit from 50 mph to 40 mph on a portion of March Point Road from the intersection of State Route 20 to the intersection of the Tommy Thompson Trail. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Ordinance: Hiqh School Neiqhborhood Parkinq Restrictions Mr. Ian Munce, City Attorney, presented an Ordinance to Council for review and adoption. If adopted as proposed the Ordinance would amend parking restrictions in the High School Area by eliminating a one-hour restriction and setting the violation fee at $38.00. Several neighbors in the High School area have asked that the City drop the one-hour time frame. Discussion followed with Police Chief King on the effects of this action; there were varied approaches to solving this on-going parking dilemma adjacent to the High School. Mr. Sizemore spoke against eliminating the one-hour restriction and moved, seconded by Mr. Hoboy to adopt Ordinance No. 2724 amending Ordinance No. 2486 only by adding the $38.00 penalty. Ayes - Hoboy, Sizemore, Adams, Christiansen, Richardson, and Rock. No — Petrish. Motion carried. Tourism Committee Volunteers Mr. Ian Munce, City Attorney, presented a request to the Mayor and Council for nominations to serve on the Tourism Committee. This would allow for staff to circulate grant requests to these individuals prior to the Grant Review Committee meeting on September 30, 2005. Mr. Munce discussed the criteria for volunteers serving on this Committee. Award: Water Reservoir Earthquake Valve Purchase Mr. Bob Hyde, Director of Public Works, presented a request to Council for the purchase of water reservoir emergency isolation valves. Mr. Hyde explained the need to install the valves on all water storage reservoirs to preserve drinking water in the event of catastrophe. In the event of an earthquake rupture of waterlines will result in loss of most or all of the 7 -million gallons of water currently stored in our 3 City reservoirs. Mr. Hyde reported that one bid was received for the valves from Rotork Controls in the amount of $22,732.37 including tax. Discussion followed regarding loss of power during an event; Mr. Hyde explained that back-up power will be available in these locations. Additional options and improvements were offered. After discussion and in the interest of public safety, Mr. Sizemore moved, seconded by Mr. Christiansen to accept the bid by Rotork Controls for the purchase of electro -mechanical valve actuators in the amount of $22,732.37 including tax. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. There being no further business the Mayor adjourned the meeting at approximately 9:00 p.m. � " im,,L P'� Wanda P. Johnson, t�Clerk- easurer H. Dean Maxwell, Mayor =141eet2� Councilmember 1957 September 19, 2005 Mayor Maxwell called the City Council meeting of September 19, 2005 to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Cynthia Richardson, Terry Christiansen, Loren Hoboy, Nick Petrish, Ray Sizemore, and Brad Adams. The Pledge of Allegiance followed roll call. Minutes of Previous Meeting The Minutes of the September 6, 2005 meeting were approved on a motion by Mr Sizemore, seconded by Mr. Rock. The vote was unanimous. Citizens Hearings No citizens present wished to testify on matters not on the agenda. Mavor/Council Communications Mayor Maxwell announced the upcoming Public Hearing before the Planning Commission to review proposed changes to the Comprehensive Plan and invited citizens to participate. He indicated that this item would come before the City Council on October 24, 2005. Copies of these proposed changes are available in the Planning Department. Mayor Maxwell reported that the auditors had completed their exit audit and no findings were issued. He stated that the City should be very proud of 22 straight years of "unqualified" audits. He indicated that the auditors will be back to answer any questions that the Council may have. The Mayor then announced that Mark Leone, Bob Morand, Denise Crowe, and Doug Colglazier have agreed to serve on the Tourism Committee. This Committee, which reviews and makes recommendations on projects to be funded with tourism money, was expanded last year to include citizens as well as three councilmembers. Mr. Adams, Mr. Petrish, and Mr. Sizemore currently serve on this committee. Mayor Maxwell updated the Council on the service of 16 million gallons of water to five farmers in need of water. He indicated that Skagit PUD and the City of Anacortes have a special water rate for agriculture farmers to help them stay in business. He stated that there is a strong commitment countywide to keep the agricultural industry viable. Mayor Maxwell then indicated that the water contracts have been finalized and a copy will be placed in councilmembers boxes. They will be presented at the next regular meeting for adoption. The Mayor introduced Mr. Bob Hyde, Public Works Director, who explained the completed project in front of Mount Erie School. He stated that we were one of the first cities to receive a "Safe Routes to School" grant from the state for $120,000; the City added additional funds to correct a chronic stormdrain problem. The project included pedestrian activated crosswalk signals (handicap accessible), bulbouts, sidewalks west to "H" Avenue, and two permanently mounted radar detectors to monitor vehicle speed 24 hours a day. Mayor Maxwell indicated that Mr. Bob Knorr, Principal of Mount Erie School, had reported that this will be the first time that students will be able to walk on sidewalks all the way to downtown Anacortes. Councilmember Nick Petrish clarified that at the Candidate's Forum, Mr. T.K. Wegg, running for Port Commissioner, indicated that the councilmember from Ward 1 had made derogatory statements regarding Mr. Wegg's campaign and that Mr. Wegg was incorrect in his statement. Councilmember Adams asked that Mr. Munce explain the process that has been used to date on the update to the Comprehensive Plan. Mr. Munce indicated that there were 12 open workshops during the summer, reviewing the Comprehensive Plan chapter by 1958 September 19, 2005 chapter and incorporating suggestions made by the committee. He explained that the three basic areas to cover are general language updating, the possibility of more commercial development, and establishing a process to consider MJB's proposal. Mr. Christiansen asked about the timeframe for moving these forward to the City Council. He indicated that no decisions should be made until ongoing financial studies are completed. Mr. Munce stated that he would like to schedule this for Public Hearing before the Council on October 24; however, the Council can defer any items for further study. He pointed out that the City has a deadline for completing this 10 -year update of December this year but that does not require that 100% of the items go forward at that time. Mrs. Richardson thanked those who participated in the process during the summer. Award: Marine Drive Lower Curve Reconstruction Contract Mr. Bob Hyde, Director of Public Works, presented a request from Council to award a construction contract for development and implementation of safety improvements on Marine Drive, including sidewalks on both sides of the roadway, curb & gutter, storm drainage improvements and a storm water system, water line extension, and road widening at the bottom of the hill on Anaco Beach Road. Mr. Hyde indicated that eight bids were received with the low bid from Island Construction in the amount of $213,746.00. Following a brief discussion, Mr. Sizemore moved that the construction contract for Phase II of the Marine Drive Safety Improvements Project (Lower Curve) be awarded to Island Construction in the amount of $213,746.00. The motion was seconded by Mr. Hoboy and passed unanimously. Award: "K" Avenue Sidewalks Construction Contract Mr. Bob Hyde, Director of Public Works, then introduced the "K" Avenue sidewalks pro �ect to construct new sidewalks and ADA ramps along "K" Avenue from 17�' Street to 20` Street. This project is a part of the City's annual sidewalk and ADA ramp construction program. Two bids were received with the low bid from MP Construction in the amount of $31,533.50. Following a brief discussion, Mr. Christiansen moved that the contract for the "K" Avenue sidewalk project be awarded to MP Construction in the amount not to exceed $31,533.50. The motion was seconded by Mr. Sizemore and passed unanimously. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda item. The motion was passed unanimously. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 8 and September 15, 2005 for payment as of this date September 19, 2005. Claims Warrants for the month of September: Warrant #33109 - #33291 in the total amount of $694,811.34 Prewritten Claims for the month of September: Warrant #33108 in the total amount of $16,833.52 Payroll #1 for September 15, 2005 in the total amount of $440,117.25: Warrant #27967 - #28040 in the total amount of $71,772.09 Direct Deposit #15959 - #16104 in the total amount of $232,203.02 EFT #456 - #460 in the total amount of $136,142.14. Resolution: Vacation Donation Program to Aid Victims of Hurricane Katrina Ms. Emily Schuh, Human Resources Director, presented a resolution that would establish a fund to allow employees to donate up to 24 hours of accrued vacation to a tax exempt fund of their choice to aid victims of Hurricane Katrina. She indicated that King County, the City of Seattle, and the City of Ellensburg have adopted this program. Mrs. Schuh outlined the benefits to the City and the employees. In answering a question from Mrs. Richardson, Mrs. Schuh stated that this program has been initiated by the federal 1959 September 19, 2005 government for this specific event and cannot be extended to a permanent program. Mr. Rock moved that Resolution #1708, entitled "A Resolution Establishing a Vacation Donation Program to Aid Victims Who Have Suffered from the Extraordinary Destruction of Hurricane Katrina" be adopted. The motion was seconded by Mr. Christiansen and passed unanimously. Portalis Landscape Plan Update Mr. Ian Munce, Planning Director, explained that this item would come back to Council following the Planning Commission's review. There being no further business the meeting was adjourned at approximately 8:40 p.m. 9_A, v`1� Wanda P. Johnso , City Clerk -Treasurer H. Dean Maxwell, Mayor Councilmember 1960 October 3, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, October 3, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Brad Adams. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Petrish to approve the minutes of September 19, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs Mr. W. R. Heller, 805 26th Street, asked to have Council packet information mailed to him prior to City Council meetings. The Mayor left the Council Chambers during the next citizen hearing. Mayor Pro -tem Sizemore presided. Mr. John Wagness, 1301 "K" Avenue, asked to address the Council regarding the City's Public Safety response to certain events in his life. Mayor Pro -tem Sizemore thanked Mr. Wagness for his comments; Council took note of Mr. Wagness' concerns and asked Mr. Wagness to outline his specific issues in writing so that they can be reviewed by the Public Safety Committee. Mayor Maxwell returned to the Council Chambers. gMayor/Council Communication/ ,, n ,, Mayor Maxwell announced that the Port/City Liaison meeting has been rescheduled to Tuesday, October 18th at 8:30 a.m. in the Mayor's office. Pride of the Neiqhborhood Award Mayor Maxwell announced that Mr. Guy Davidson, Mr. Michael Keenan, and Mr. Robert Morand are the recipients of the Mayor's Pride of the Neighborhood Award. The Mayor explained that the renovation and preservation of the historic Majestic Hotel at 419 Commercial Avenue deserves special recognition; in that regard a window sign will be placed on the property recognizing it as a winner of this Award. Confirm Mavor's Appointment to Tourism Committee Mr. Rock moved, seconded by Mr. Sizemore, to confirm the appointment of Mr. Phil Burton and Mr. Andy Stewart to the Tourism Committee. Vote: Ayes — Sizemore, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Proclamation: Walk Across Washinqton Mayor Maxwell read a Proclamation introducing the program, "The Walk Across Washington"; this community -wide project takes important steps towards creating healthy communities. The Proclamation also designates October 13th as "Walk Across Washington Day in the City of Anacortes." The Mayor encouraged all citizens to join in this movement to promote physical activity. Resolution: Settinq New Water Rates Mr. Bob Hyde, Director of Public Works, presented a Resolution to Council for review and adoption. As a preface to the water rate study discussion, Mayor Maxwell pointed out that the City of Anacortes manages the largest water system in the County; it is also one of the largest municipal water systems in the State. The Water Treatment Plant provides drinking water to 56,000 people at 18,000,000 gallons/day. Mr. Hyde then reviewed the water rate study results. A key issue for the City is future infrastructure improvements and replacements. For example, 2.7 miles of the 1930's transmission line crossing Skagit River will be replaced; permitting issues will be extensive. Water Plant expansion will be required and increased EPA treatment requirements are anticipated. Also the line to the refineries will requirement replacement. The recently completed Grey & Osborne rate study highlights several issues; (1) the system is fiscally healthy (2) five major customers are increasing usage beyond committed volume of water (3) establishment of an Agricultural rate; and (4) need for a GFC (hookup fee) increase. The study recommends increasing the committed volumes for 5 out the 6 contract users. Restructuring of the Swinomish contracts and penalty clause revisions were also highlighted. Mr. Hyde then discussed variable, fixed, and capital rates. Discussion followed regarding service areas and implementing recommendations of the Grey & Osborne study as appropriate. After discussion, Mr. Christiansen moved, seconded by Sizemore, to adopt Resolution No. 1709 entitled "A Resolution Authorizing the Mayor and City Clerk of the City of Anacortes to Enter into New Water Supply Agreements between the City of Anacortes and 1961 October 3, 2005 Wholesale/Industrial Customers." Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval of Berk Study for Economic Analysis Ms. Wanda Johnson, Finance Director, presented the Mayor and Council with a 2 -phase contract with Berk & Associates to provide: an analysis of the City's revenue requirements for a 20 -year planning period; and a summary report and presentation for a comprehensive fiscal strategy. The first phase includes market and land supply analysis. Preliminary numbers are anticipated by early November. Mrs. Richardson explained the link between the results of this analysis to the City's ongoing Comprehensive Plan update. With that, Mr. Christiansen moved, seconded by Mr. Sizemore to authorize the Mayor to enter into a Professional Services Agreement with Berk & Associates. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, and Christiansen. Motion carried. In light of this action, Mr. Ian Munce, Planning Director, asked for Council's direction on scheduling future Council hearings on the Comprehensive plan update. Mr. Munce reemphasized the December 1St deadline for GMA mandated Comprehensive Plan updates. Toward that end the Critical Area component is complete; additionally a strong citizen's advisory committee has worked over the summer to provide a working draft. The Planning Commission held a Public Hearing on September 21St and over 120 written comments were received. To allow for further Planning Commission deliberation and public response to the Berk Study, Council agreed that an October 24th Hearing tentatively scheduled before the Council should be rescheduled for January. Consent Agenda Mr. Christiansen moved, seconded by Mr. Hoboy, to approve the following Consent Agenda item. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Christiansen, and Richardson. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 22, 2005 and September 29, 2005 for payment as of this date October 3, 2005. Claims Warrants for the month of September Warrant Numbers 33293 through 33470 in the total amount of $703,915.47 Prewritten Claims for the month of September Warrant number 33292 in the total amount of $50.00 In the same motion Council: Cancelled Payroll Warrant # 27965 in the amount of $120.29; and Payroll Warrant # 27923 in the amount of $1,496.14 T Avenue Overlay Award Mayor Maxwell explained that the "T" Avenue Overlay and Sidewalk Construction project is part of the City's annual street improvement program. The scope of work includes the construction of a 2" structural overlay on "T" Avenue from the Thompson Trail to 22nd Street. Three bids were received; the apparent low bid was from Island Construction Site and Utilities, Inc. in the amount of $199,973.00. Mrs. Richardson spoke in favor of the increased pedestrian safety provided by these improvements. Mr. Hyde provided details on the overlay process. Mr. W. R. Heller, 805 26th Street, spoke against the project suggesting sidewalk installation on 26th Street. Mr. Christiansen explained the Capital Facilities Plan project selection process. After discussion, Mr. Sizemore moved, seconded by Mrs. Richardson, to award the T Avenue Overlay project to Island Construction Site and Utilities, Inc. in the amount of $199,973.00. Vote: Ayes — Hoboy, Petrish, Sizemore, Christiansen, Richardson, and Rock. Motion carried. There being no further business the Mayor adjourned the meeting at approximately 9:15 p.m. rCzj���P--7,1�Lo-- a I� Wan a P. Jo nson, Cit Clerk -Treasurer H. Dean Maxwell, ayor Councilmember 1962 October 17, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, October 17, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Sizemore to approve the minutes of October 3, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Christiansen, Richardson, Rock, and Hoboy. Abstain: Adams. Motion carried. Citizen Hearinqs Mr. John Wagness, 1301 "K" Avenue, presented the Council with an outline of his Public Safety issues with the goal of implementing procedural improvements. Mr. Wagness said he investigated the appropriate jurisdictional authority to oversee his concerns; he was directed back to the City Council. �,..,..,.,,.,,.,,..,. �/o/.��;.,,,,.,,.,�,�,..,.,.....................,,may Mayor/Council Communication4 Mayor Maxwell announced (1) that the Tommy Thompson trestle will open to the public on Monday, October 24th; the ribbon cutting ceremony will be on the 19th of November, (2) A Port/City Liaison meeting has been scheduled for Tuesday, October 18th at 8:30 a.m. in the Mayor's office, and (3) the Port has agreed to route discharge from the truck wash to our wastewater treatment facility — a cooperative step that will benefit the community. The Mayor then announced that service clubs may submit informational videos, subject to Council approval for viewing on the Government Access Channel 10. The program should outline the organization's community activities and outreach programs. Mr. Ian Munce, City Attorney, pointed out that Channel 10 cannot be used for fund raising purposes. The Council and audience then watched the Kiwanis Noon Club DVD highlighting their volunteer membership, community park support, thrift shop activity, and youth programs. Council supported adding the Kiwanis Noon Club DVD to the Channel 10 programming lineup. Reappointments Mr. Sizemore moved, seconded by Mr. Rock to confirm the reappointment of Mr. Ric Boge to the Forest Advisory Board and Mr. Phil Burton to the Parks & Recreation Advisory Board. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Mr. Sizemore announced that the Council Public Safety Committee will meet at his 34th Street office conference room on Wednesday at 8:30 a.m. for an update on fire personnel negotiations. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Hoboy, to approve the following Consent Agenda item. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on October 6, 2005 and October 13, 2005 for payment as of this date October 17, 2005. Claims Warrants for the month of October Warrant Numbers 33472 through 33679 in the total amount of $690,497.22 Prewritten Claims for the month of October Warrant number 33471 in the total amount of $35,544.00 Pavroll # 1 for September 30, 2005 in the total amount of $640.504.38 Warrant Numbers 28042 through 28121 n the total amount of $227,006.39 Direct Deposit Numbers 16105 through 16209 in the total amount of $228,232.18 EFT Numbers 437 through 464 in the total amount of $185,265.81 In the same motion Council: Cancelled Claims Warrant # 33411 in the amount of $215.60; and 1963 October 17, 2005 — continued Adopted Resolution No. 1711 setting December 5, 2005 as the Public Hearing date on a Petition to Vacate a portion of 29th Street. Public Hearing: 2006 Budget Mayor Maxwell opened the Hearing to take public comment on the proposed 2006 Budget. The Mayor's budget message was available for distribution; he then introduced Ms. Wanda Johnson, Finance Director to present an overview of the Budget and an analysis of the City's financial health. Using a 10 -year benchmark, Ms. Johnson pointed out that the assessed value of Anacortes has increased 93%; the population has increased 21%; and Anacortes continues to have the lowest city property taxes in Skagit County. The General Fund balance shows 1,295% growth; this fund provides core services for the City. Further, the City has held operational budgets tight; utility funds have also seen positive growth due, in part, to careful assessment of rates. Also, the City Council has held down debt. The Forestland endowment plan is another plus showing a 1,226% increase and recently passed the $1 million mark — highlighting a supportive citizenry. Ms. Johnson said that the City has been prudent with money over these ten years and is now looking forward to continued advancement. Mayor Maxwell thanked Councilmen Sizemore, Christiansen, and Rock for their service and support during this critical 10 -year period. The Mayor also suggested raising the 5% restricted emergency fund to 10%. Mr. Rock supported this proposal. With that, the Mayor opened the Public Hearing for comment. Mr. Jim Falk, 5618 Heart Lake Place, introduced discussion on the SHIP Harbor Interpretive Preserve and trail. Some time ago the Anacortes Parks Foundation was approached by the Port of Anacortes to act as lead agency to provide a trail system that would: protect the wetland and marine ecosystems; educate students and the public regarding wetlands; and to provide the appropriate public access to the shoreline areas at Ship Harbor. A boardwalk trail was designed and permits obtained. Due to development issues, negotiations with adjacent property owners for shared funding have stalled. Mr. Falk asked the Council to consider, as part of the 2006 Budget, funding the trail system in the amount of $542,100. The project would provide access to 2,500 feet of shoreline, provide an outdoor classroom on the ecosystem, provide environmental protection to the wetland, provide a link in the shoreline trail from the Tommy Thompson Trail to Washington Park, provide a wetland data base program for students, and add a new component to the Anacortes park system. Also, Mr. Falk suggested that 1/2 of that amount be allocated for SHIP in the next fiscal year and the balance in 2007. He asked that the Council give this proposal favorable consideration. Mr. Bill Turner, 4401 Anaco Beach Road, suggested that the City's revenue is dependent on single family home construction; land use zoning and comprehensive plan issues are directly tied to budget considerations. He encouraged the Council to plan for diversified growth in tax revenue. There were no further comments and the Mayor declared the Public Hearing closed. In response to Mr. Turner's comments Ms. Johnson clarified that building revenues are used for capital purposes and not to support ongoing operations. Resolution: Authorizing Tourism Promotion Fund Contracts Mr. Ian Munce, City Attorney, presented a Resolution to Council for review and adoption. If adopted the Council will authorize the Mayor to contract with certain agencies to provide tourism promotion; the appropriate monies have been collected or will be collected as part of the Motel/Hotel Tax. The Council Selection Committee met, reviewed all proposals, and recommended twelve agencies for fifteen projects. Mr. Petrish suggested certain corrections to the Resolution text; discussion followed regarding the Anacortes Jazz Festival funding. With that, Mr. Rock moved, seconded by Mr. Sizemore, to adopt Resolution No. 1710 entitled "A Resolution Authorizing Execution of Tourism Promotion Fund Contracts by and between the City of Anacortes and Twelve Agencies for Fifteen Projects". Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. There being no further business at 9:15 p.m. Mayor Maxwell continued the meeting to Monday, October 24 at 7:00 p.m. in order to convene in Executive Session for an update on Fire personnel contract negotiations. Wand P. Johnson, City C rk-Treasurer H. Dean Maxwell, Payor Councifinember 1964 November 7, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, November 7, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Sizemore to approve the minutes of October 17, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs Mr. John Wagness, 1301 "K" Avenue, asked for a follow-up report on a Public Safety review of his issues. Mr. Sizemore said that the Council Public Safety Committee will review his concerns and answer in writing within the next two weeks. Mayor Maxwell thanked Mr. Wagness for his comments. Mayor/Council Communication Mavor's Award of Merit Mayor Maxwell introduced Ms. Sandi Andersen, recipient of the Mayor's Award of Merit. Ms. Andersen was nominated for this Award by her Public Works Department supervisor based on her outstanding performance — most recently as the Department's Accreditation Manager. Additionally, over the last several years Ms. Andersen has taken the responsibility for organizing and chairing special Public Works Department projects. The Mayor thanked Sandi for her dedication, hard work, and commitment to the City. Ms. Andersen received a gift certificate to as local restaurant; her name, along with other Merit Award recipients, will be placed on a plaque in the Council Chambers. Ms. Andersen accepted the award to a standing ovation. Museum Advisory Board Appointment The Mayor introduced Ms. Patty Malcolm, nominee for the Museum Advisory Board vacancy. Ms. Malcom's resume and the Museum Director's recommendation were forwarded to the Council for review prior to this meeting. With that, Mrs. Richardson moved, seconded by Mr. Rock, to confirm the nomination of Ms. Patty Malcolm to the Museum Advisory Board. Vote: Ayes - Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Anacortes Arts Commission Mayor Maxwell introduced the following appointees to the recently formed Anacortes Arts Commission: Rita James, Zac Elander, Dik Haddox, Maria Petrish, Marius Hibbard, Fred Abelman, and Kathleen Faulkner. Representing the Commission members, Ms. James said all were looking forward to helping form a cultural vision for the City. Councilman Petrish warned about the damage to lower Cap Sante trees caused by English Ivy infestation; also, Mr. Petrish reported that the new trestle portion of the Tommy Thompson Trail is heavily used and enjoyed by all. Councilman Hoboy suggested that a site visit be arranged with the Council and Port and City staff to view the status of the 75' Airport buffer. Mr. Ian Munce, Planning Director, reported that the Port has prepared a program regarding mitigation plans for the first wetland incursion; this program will be subject to Council and public review and input. Ordinance: Adoptina 2006 Budget Ms. Wanda Johnson, Finance Director, presented the 2006 Budget Ordinance to the Mayor and Council for review and adoption; the total 2006 budget is $34,778.039. Ms. Johnson answered questions regarding the funding source for the education outreach program. With that, Mr. Sizemore moved, seconded by Mr. Hoboy, to adopt Ordinance No. 2725 entitled "An Ordinance Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year 2006". Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Resolution: Establishina Levy Rate Ms. Wanda Johnson, Finance Director, presented a Resolution to Council reflecting the 1% property tax increase to be incorporated into the 2006 Budget. This increase will yield $33,678.67. After discussion, Mr. Christiansen moved, seconded by Mrs. Richardson to adopt Resolution No. 1713 entitled "A Resolution of the City Council of the City of Anacortes, Setting 1965 November 7, 2005 — continued the City's Year 2006 Property Tax Regular Levy Increase". Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Consent Aaenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda item. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on October 20, 2005, October 27, 2005 and November 3, 2005 for payment as of this date November 7, 2005. Claims Warrants for the month of October Warrant Numbers 33680 through 33956 in the total amount of $875,223.43 Pavroll # 1 for October 14, 2005 in the total amount of $413,033.48 Warrant Numbers 28123 through 28187 in the total amount of $64,936.75 Direct Deposit Numbers 16270 through 16412 in the total amount of $219,813.23 EFT Numbers 465 through 471 in the total amount of $128,283.50 Pavroll # 2 for October 31, 2005 in the total amount of $578,499.70 Warrant Numbers 28190 through 28263 in the total amount of $220,077.02 Direct Deposit Numbers 16413 through 16515 in the total amount of $224,745.89 EFT Numbers 469 through 475 in the total amount of $133,676.79 Presentation of Accreditation Plaque from American Public Works Association Mayor Maxwell introduced Mr. Jack Pittis, Director of the American Public Works Association (APWA) Northwest region. Mr. Pittis presented the Mayor with a plaque commemorating the City's Public Works Department successful accreditation from the APWA. The City's Public Works Department is the third agency in Washington state and the 27th in North America to achieve this designation. Mr. Bob Hyde, Director of Public Works, described this 3 -year self- improvement program designed to encourage higher performance standards. He explained further that all departmental policies and procedures were upgraded and documented; a "model practice" Project Management Database was designed by City Engineer Jeff Miller, and Ms. Sandi Anderson, Mayor's Award of Merit recipient, developed the administrative framework for successful completion of this huge undertaking. Councilmembers and the Mayor commended the Public Works Department for this significant achievement. Closed Record Meeting: Conditional use Application — Zevely — Private Street as Access Mayor Maxwell initiated the Closed Record meeting to review a Conditional Use application submitted by Mr. Jim Zevely to use a private drive to access an additional single family residential building site at 4809 Harborview Place. Mr. Ian Munce, Planning Director, explained that if approved this conditional use will be followed on by a 2 -lot short plat application; the original short plat in this area provided approval for a private driveway as access to a building site at 4809 Harbor View Place; with this new short plat application Mr. Zevely is asking permission to add another building site at that location with access from the private drive. Neighborhood concerns are reflected in conditions 11-14. The private drive is to be maintained by the developer until both houses are built and occupied; the covenants will control the maintenance after that. Construction shall be completed within 6 months of the work beginning. No parking will be allowed on the private road; and existing covenants will apply to these two lots. Discussion followed regarding future development at this site. After discussion, Mrs. Richardson moved, seconded by Mr. Christiansen to approve the Conditional Use application to use a private drive to access an additional building site at 4809 Harborview Place, and to adopt the Findings of Fact and Conclusions of Law with the following amendment to Condition # 13: No parking shall occur on the private road including the hammerhead emergency vehicle turnaround at the end. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Award HDR Contract for Studv/WTP Sedimentation Basin & Filter Addition Mr. Bob Hyde, Director of Public Works, presented a request to Council for authorization to award Task Order 1 of the Basic Order Agreement between the City of Anacortes and HDR for a Water Treatment Plant Improvements Study; this comprehensive study will focus on plant capacity and electrical reliability. The price to perform the study is $49,948.00. Mr. Hyde described the consultant selection process. Mrs. Richardson suggested adding a task to review Plant flood vulnerability. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to award the Contract for StudyM/TP Sedimentation Basin and Filter Addition to HDR in the 1966 November 7, 2005 — continued amount of $49,948.00. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Bid Award: City Hall Roof Protect Mr. Russ Pittis, Facility Manager, presented a request to award the City Hall roof repair project to Esary Roofing of Burlington in the amount of $12,950.00. Mr. Pittis went on to describe the roofing material, repair process, and budgetary considerations. If approved, the work will be done in 2006. Mr. Christiansen moved, seconded by Mr. Sizemore, to award the City Hall roof repair project to Esary Roofing in the amount of $12,950.00 Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. West 2nd Latecomer Aqreement Mr. Jeff Miller, Assistant City Engineer, addressed the Council regarding the formation of a West 2nd Latecomer Agreement. Using an overhead display Mr. Miller highlighted the adjacent Isles development; as part of the project approval the developer, Mr. Pete Peterson, was required to construct West 2nd from New York to Minnesota Avenue to full City standards. Mr. Peterson applied for a Latecomer Agreement in order to recoup construction costs for these improvements. After analysis, City staff determined that the construction cost calculations submitted were fair and reasonable. Affected property owners were notified and agreed to the proposed shared costs; the agreement is for a 15 -year term. After discussion, Mrs. Richardson moved, seconded by Mr. Sizemore, to approve the formation of the Isles West 2nd Latecomer Agreement as established in the September 2006 Agreement Report. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. There being no further business at approximately 9:45 p.m. Mayor Maxwell continued the meeting to Monday, November 14, 2005 at 7:30 p.m. in order to conduct a Closed Record Meeting on the Aldridge Preliminary Plat Application. The Mayor also reported that City employees donated $5,600 to 10 agencies to help with Hurricane Katrina relief efforts. Wanda P. Johnson, City!Clerk-Treasurer H. Dean Maxwell, M yor Councilmember 1967 November 14, 2005 Continued from November 7, 2005 The Mayor called the continued meeting to order at 7:30 p.m. Roll call found present: Loren Hoboy, Nick Petrish, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Ray Sizemore. The Pledge of Allegiance followed roll call. Aldridqe Preliminary Plat Planning Director, Ian Munce, reviewed the preliminary plat for the 2 lot subdivision proposed by Daniel Aldridge for a parcel of property generally located at 28th Street and H Avenue. Mr. Munce pointed out that the Planning Commission had held public hearing on this item. There were no substantive comments submitted and no appeals have been filed. The Planning Commission was recommending approval of the preliminary plat subject to 14 conditions. After discussion, Ms. Richardson moved that the preliminary plat for the Aldridge subdivision be approved subject to the 14 recommended conditions. The motion was seconded by Mr. Hoboy and passed unanimously. The meeting adjourned at approximately 7:40 p.m. ANJ �a� 7 Wanda P. Johnson, Git lerk-Treasurer H. Dean Maxwell,/Mayor —149� Councilmember November 21, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, November 21, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Ray Sizemore. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Adams moved, seconded by Mrs. Richardson to approve the minutes of November 7, 2005 and November 14, 2005 as if read. Vote: Ayes — Petrish, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. ;Mayor/Council Communication :/.:_;":'.._...". .'ri✓ i. %'.:'.%",>/. .,;',;;"%'iG%J/J/L;%J,: i/!J/0/0/0/00/.5 Mayor Maxwell reported that the November 19th Tommy Thompson trail dedication was a great success with over 150 participants. Four groups have already planned trail events for next spring and summer. The Mayor encouraged everyone to check out this beautiful community trail system. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda item. Vote: Ayes —Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on November 10, 2005 and November 17, 2005 for payment as of this date November 21, 2005. Claims Warrants for the month of November Warrant Numbers 33957 through 34143 in the total amount of $417,676.08 Pavroll # 1 for November 15, 2005 in the total amount of $433,271.45 Warrant Numbers 28265 through 28326 in the total amount of $60,914.83 Direct Deposit Numbers 16574 through 16716 in the total amount of $235,240.28 EFT Numbers 476 through 481 in the total amount of $137,116.34 In the same motion Council: Cancelled Claims Warrant # 33829 in the amount of $20.00; and Approved the November 3, 2005 Lions Club Street Fair Application for the December 3rd Christmas Parade; street closures will be from 10:00 a.m. to 12:00 p.m. and will be subject to recommendations from staff regarding parking and public works services. Resolution: Personnel Policv Update Ms. Emily Schuh, Human Resources Director, presented the 2005 updated Personnel Policies for Council approval and adoption. The Policies were previously reviewed by Council in Study Session; Ms. Schuh explained that the Policies have also been reviewed by legal counsel, City employees, and bargaining unit representatives. With that, Mrs. Richardson moved, seconded by Mr. Hoboy, to adopt Resolution No. 1714 entitled "A Resolution Regarding Personnel Policies and Benefits for City of Anacortes Employees and Superseding Resolution No. 1689 in its Entirety, Passed and Approved on the 21St Day of November 2005". Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, and Adams. Motion carried. Approval: Interlocal Agreement with Port of Anacortes: Contract for Depot Master Plan Mr. Gary Robinson, Director of Parks and Recreation, presented a Contract and Interlocal Agreement for Council review and approval. Mr. Robinson explained that the firm of Makers Architecture & Urban Design has been selected to prepare a conceptual master plan for the Depot area. Total contract cost is $14,978.00. The Port has agreed to pay $5,000 toward that amount; the Interlocal Agreement will allow the Port to expend the 1969 November 21, 2005 -- continued funds toward this planning effort. Mr. Hoboy thanked the Port for participating in the development of this rich historical and cultural site. Mrs. Richardson added that the Depot Farmers Market, Museum, and Depot Art Center will also contribute financially. With that Mr. Hoboy moved, seconded by Mr. Christiansen, to award the contract for the conceptual master plan for the Depot area in the amount of $14,978.00 to Makers Architecture & Urban Design, and to authorize the Mayor to enter into an Interlocal Agreement with the Port of Anacortes to memorialize the reimbursement payment. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Adams, and Christiansen. Motion carried. The Mayor clarified that the Madrona trees will stay on the project site. Approval: Interlocal Aareement with the Port of Anacortes for Pier II Wastewater Mr. Bob Hyde, Director of Public Works, reported that the City has been working with the Port for over a year on the agreement now before council; the agreement sets the terms for the City's Wastewater Plant handling the wash water from the Pier II petroleum coke facility. Under the terms of the agreement the Port will pay a General Facilities Charge of $60,423.80 (the equivalent of approximately 10 homes). Mr. Hyde reviewed terms of the agreement including containment procedures during emergency treatment plat shutdown (detention ponds will be used). After discussion, Mr. Hoboy moved, seconded by Mr. Petrish, to authorize the Mayor to enter into an Interlocal Agreement with the Port of Anacortes regarding the Pier II Petroleum Coke Processed Water Facility. Vote: Ayes — Rock, Hoboy, Petrish, Adams, Christiansen, and Richardson. Motion carried. Monday Solid Waste Customers — Proposal to Provide One Pre -Paid Baa Per Customer Mr. Bob Hyde, Director of Public Works, explained that because most major holidays fall on a Monday, several times a year Monday's sanitation customers have to wait an additional week for their garbage to be picked up. The Public Works Committee met to review this situation and proposed that one blue garbage bag per year be provided to Monday customers to be used during the year whenever needed for extra refuse. After discussion, Mrs. Richardson moved, seconded by Mr. Rock, to approve the proposal to provide one pre -paid bag per Monday sanitation customer. Vote: Ayes — Hoboy, Petrish, Adams, Christiansen, Richardson, and Rock. Motion carried. Closed Record Meetinq: Ship Harbor Residential Communitv — PUD and Conditional Use Mayor Maxwell convened the Closed Record Meeting for the Ship Harbor Residential Community Planned Unit Development and Conditional Use applications. Mr. Ian Munce, Planning Director, briefed the Council on the Public Hearing and appeal process. The project is a 103 unit residential development on approximately 24 acres — a similar density to the 4 units/ acre allowed in the adjacent R 2 zone. The property is owned by the Port of Anacortes and has been optioned by Gilbane Development. Using an overhead Mr. Munce drew attention to nearby facilities and developments including the Anacortes Ferry Terminal, Clearidge Subdivision, and Portalis. Over the years the Port -owned property has been optioned to different projects including a marine resort; convention center; hotel; condominium units; retail activity; and marina. Shoreline Permits were issued for these uses in the 1980's; subsequent appeals were resolved, and preparatory work was done including the construction of dedicated Edwards Way. To facilitate further development in this area a sewer pump station was constructed by the City with Latecomers agreements. Mr. Munce said that the residential proposal now before Council is an excellent example of a detailed submittal; also of note is the applicant's responsiveness to City staff input. Mr. Munce then reviewed the 28 conditions recommended by staff (condition # 27 should read: e 41,200 be $1,200). Mr. Munce reported that at the conclusion of the Public Hearings the Planning Commission recommend denial of the Conditional Use and Planned Unit Development applications, and recommended reopening Comprehensive Plan proceedings to consider rezoning the property to residential. Mr. Munce explained that, if that action was pursued any further application review for this could be two years out. Two appeals and one citizen request to speak were filed. Mr. Mike Culbert, appellant and Executive Vice President for Gilbane Development Company, outlined his appeal of the Planning Commission recommendation. Mr. Culbert stated that the Gilbane land use applications meet all requirements set forth in City ordinances. As proposed, the project will provide significant benefits to the City and Port and adheres to planning principles. Further, Mr. Culbert explained that Gilbane has the background and experience necessary to execute a project of this dimension and complexity. Mr. Culbert then introduced Mr. Dan Stahl, appellant and Executive Director of the Port of Anacortes. Mr. Stahl said that over 20 years ago the Port surplused this property and over time several development proposals were submitted to the Port; the 1970 November 21, 2005 -- continued current Gilbane proposal provides significantly less impact than previous projects - no piling, dredging, or fill, and less traffic. Also part of the project provides for substantial community use. Further, Mr. Stahl said that as part of this application package Gilbane will purchase the adjacent Parcel A (3 acres) to be dedicated as open space; proceeds of the entire sale will then be reinvested by the Port in Curtis Wharf, Piers I and 11, Wymans Marina, and other significant commercial marine enterprise. The Port will also transfer adjacent wetlands to City ownership providing for active stewardship of the wetland area and contributing to direct access to the shoreline. This unified effort between applicant and agencies would open the way to trail enhancement. Mr. Stahl asked the Council to consider this proposal on its merits. Mr. Steve Mansfield, 1719 6th St., attorney for Gilbane, clarified that the previous Ship Harbor proposal included a 900 slip marina, 300 -room marine/hotel convention, and 200 condominium units. The Gilbane residential community will be less intense a development than what was originally permitted. Mr. Mansfield then stated that City code clearly provides for conditional use permits in this zone if the criteria for conditional uses are met; the Gilbane project has met all those requirements. This proposal should be allowed to proceed under that zoning language. Historically, residential conditional use permits have been issued in the CM zone; Mr. Mansfield said a strong precedent for allowing that very activity has been set. Residential use is a less intense use; a number of uses allowed under current zoning would significantly impact the predominately residential neighborhoods in the area. For over a year the Gilbane proposal has moved forward in good faith through the City's planning process while following staff recommendations for improvements; Mr. Mansfield asked that the Council not change the process mid -way through the standard PUD and Conditional land use procedure. Mr. Mansfield explained that under code the Council is authorized to move forward on these applications, to review the record, and to issue permits. Mr. Culbert reviewed key points: work with arborists to retain trees; Transportation Plan Level of Service will not be impacted by this development - rather ferry traffic is more of an issue; earth movement will be minimized; extensive neighborhood public access will be available with maintenance by the Homeowners' Association; 26% of acreage is dedicated to landscaping; the project will create a livable neighborhood setting; the application meets all requirements set by City ordinance. In conclusion Mr. Culbert said that this PUD would create a unique residential development responsive to the community and City; he respectfully requested that Council approve the development. Mr. Jon Briggs, 2808 Morrison Court, speaking on his own behalf, extensively reviewed this proposal and based on his experience in legal and planning fields has supported the Planning Commission recommendation to deny the project. Mr. Briggs spoke against the appeals because the proposal fails to satisfy the requirements of the City's Comprehensive Plan Goals and Policies for Commercial Marine, Transportation and Circulation. He also referenced the Shoreline Master Plan and Zoning and Subdivision Ordinances. He said that the PUD road widths do not meet minimum code requirements. Further the applicant's traffic analysis on Edwards Way shows that the right-of-way is not sufficient to handle traffic. The danger presented by the project entry design and reduced setback create a substandard development. Also, the applicant has not provided promised revised traffic study information. Mr. Briggs suggested that this project does not meet the requirements of the conditional use criteria as it has failed to provide adequate facilities. Mr. Briggs also objected to using Oakes Avenue as a landscape buffer with meandering sidewalk; this amenity should be placed on the property not on the public right-of-way — this is a conflict with the Comprehensive Plan. Current Commercial Marine zoning preserves and protects commercial enterprises and physical and visual access; this project will create barriers to marine views and does not provide public parking or restrooms. If approved Mr. Briggs thought that action would basically convert a zone without public process. No details have been provided on sanitary sewer and storm drain systems for the top 14 lots. Mr. Briggs also interpreted this project to be subject to the Shoreline Master Plan permit requirements. In conclusion, Mr. Briggs said that concurrency test for this application has failed and that a traffic review of entire area should be conducted and that significant revisions be made to the proposal. Mr. Ross O. Barnes, 1004 7th Street, submitted exhibits 20 and 36 spoke in support of the Planning Commission recommendation and Mr. Brigg's comments. Mrs. Phyllis Dolph, 2320 6th St., submitted a November 21, 2005 letter, Exhibit # 55, and supported comments of Mr. Briggs and Mr. Barnes. She urged the Council to preserve trees. 1971 November 21, 2005 -- continued Discussion followed regarding the process applicable to this application. The Council will deliberate with possible decision on Monday, December 5th There being no further business at approximately 10:00 the Mayor adjourned the regularly scheduled meeting of November 21, 2005. (The Council review of the Port's Airport Perimeter Buffer Encroachment Revegetation Plan scheduled for November 28th has been postponed.) rJ,�,,Y,O'A Q. ,YI,, z -- n Wanda P. Johnson, City Jerk -Treasurer -'a'-4.� C .— Counci member Q H. Dean Maxwell, Mayor 1972 December 5, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, December 5, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Hoboy to approve the minutes of November 21, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. Mayor /Council Communicatiom Zll,%S.^L:%,/l/<�.%%,%ULO�7L7/O/G� Mayor Maxwell announced that there will be a Port/City Liaison Committee meeting at 8:30 a.m. in his office on Tuesday, December 6th The Mayor announced that Doug Everhart, Library Director, will be retiring after 33 years of service to the community. The Mayor and staff are moving through the application process; over 30 people applied and four outstanding candidates are undergoing further interview assessments. Karen Marshall and Margaret Delourme have expressed an interest in serving another term on the Anacortes Historic Preservation Board; the Mayor and Museum staff recommend the reappointments. With that, Mr. Petrish moved, seconded by Mr. Sizemore to confirm the reappointments of Karen Marshall and Margaret Delourme to the Anacortes Historic Preservation Board. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Gilbane/Ship Harbor: Deliberation and Possible Action Mr. Ian Munce, Planning Director, opened the deliberation phase for the Ship Harbor Residential Community Planned Unit Development and Conditional Use applications and associated appeals. The Planning Commission recommendation and appeals were heard at the Closed Record Meeting on November 19th; the proposal includes a 103 residential unit development on a 24 -acre site at Ship Harbor. The property is zoned Commercial Marine; single family housing is a Conditional Use in that zone. The applicant is proposing to use the Planned Unit Development process to cluster the homes on lots smaller than would be typical in the R 2 zone; in turn the applicant will dedicate, in cooperation with the Port, the wetland and buffer areas to the west of the site to the City, thereby adding 30 acres to the City's inventory of public lands. The project also makes provision for a waterfront trail and public access/shoreline trail to connect with the controlled S.H.I.P. Interpretive Trail through the wetland area. Mr. Munce then answered a question raised at the last meeting regarding density: 24.3 acres x 4 = 97 units permitted under typical zoning; the applicant is requesting 103. However, after the original application was submitted an extra 3 acres (referred to as the "orphan" piece) have been added to the project; these 3 acres will be donated to the City. With this additional acreage 109 units would be permitted; leading to an argument that the 103 unit proposal is an appropriate density for this project. Before further discussion Mr. Petrish and Mr. Hoboy disclosed that they received correspondence on this matter after the public hearing comment period was closed. With regard to ex parte communication, Mr. Munce explained that both applicants and appellants for property -specific land use applications are entitled to every protection of due process. In other words, once appeals have been filed the public comment record is closed. Council first addressed the conditional use criteria. Mr. Munce explained, for approval, two separate requirements are to be met: (1) SEPA requires a review of the project against the Comprehensive Plan Development Regulations, and all current City policies; and (2) does'the application meet Zoning Conditional Use Zoning Criteria; i.e., will this project have a detrimental impact on the neighborhood or not. The Planning Commission concluded that this application is premature based on ongoing planning work; the Planning Commission recommended waiting to review the application until the property is rezoned to R2 — the applicant appealed and Mr. Jon Briggs asked to speak in favor of the December 5, 2005 -- continued PC recommendation. The site, owned by the Port, has been permitted for extensive commercial marine uses (marina, convention center, retail uses); however, in the past 20 years no viable applications have been submitted. In light of that, Mr. Hoboy then suggested that the residential development will have less of an impact than permitted CM uses site and that the Conditional Use be approved He also said that by virtue of the existing CM zoning several public amenities have been added that would not be provided under traditional residential restrictions. Mrs. Richardson said that while the proposal has merit she disagrees with the review process; she then recapped the various permitted and conditional uses in zones throughout the City. She suggested that approval of this project will change the meaning of the CM zone; a rezone would be appropriate. Mr. Petrish suggested that Council take the responsibility to act on this proposal; in the same regard he expressed concern over increased traffic citywide and loss of trees. Mr. Adams spoke in favor of following the rezone public process, and that there were too many broader issues to discuss regarding the further expansion of Anacortes. Mr. Sizemore suggested that the broader picture included the amenities provided by the Gilbane proposal. Mr. Rock expressed concern over the appropriate planning process to follow. Mrs. Richardson clarified that currently, there's no pressing reason for more land to be converted from non-residential to residential. Wrapping up, she said the proposal is not in compliance with the Comp Plan goals and policies for this zone. Mr. Christiansen spoke against making planning decisions without a financial impact study; he would also prefer a mixed use at this location. On a question from Council Mr. Munce stated that the Council has previously approved site-specific Conditional Use applications for residential developments in the CM Zone. With that, Mrs. Richardson moved, seconded by Mr. Adams, to deny the Conditional Use Application. Councilmembers underscored their positions. Mayor Maxwell commented that the previous Commercial Marine permits at this site would allow a marina to be built over the best crabbing spot on the island and would preclude an opportunity for significant public access. The Mayor suggested that the Gilbane proposal provides public access and a S.H.I.P trail connection —all amenities that the community has encouraged decision makers to put into place. This project is far better for the community than the highly intense commercial marine uses allowed. Vote: Ayes — Adams, Christiansen, Richardson. No — Rock, Hoboy, Petrish, and Sizemore. Motion failed. Mr. Sizemore moved, seconded by Mr. Adams, to continue the meeting of December 5th to December 12th to consider the proposed Gilbane project conditions. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Airport Buffer Tree Loss: Mitiqation Mr. Ian Munce, Planning Director, reviewed the Tree Preservation Citizen Advisory Committee (CAC) response to the Port of Airport Buffer Encroachment — Replanting and Mitigation Plan, dated November 28, 2005. The Report addresses four elements: (1) the CAC supports the Option 2 Planting Plan concept; (2) the CAC suggested that the berm be placed closer to Jasper Way, part on City right-of-way, part on Port property; this will lead to loss of some alders and screening in the short-term; (3) the CAC recommended a different mix of tree species to be located at different locations' (4) the CAC reviewed the size of trees lost and the scale of the mitigation proposed; the Committee recommended that three times the mitigation as currently proposed be implemented somewhere at the Airport. The City Council asks for a written response to the CAC proposal from the Port of Anacortes once they have had an opportunity to review the Report. With that, Mr. Sizemore moved, seconded by Mr. Petrish to table this matter until receipt of the Port's response. Vote: Ayes — Richardson, Rock, Petrish, Sizemore, Adams, and Christiansen. No — Hoboy. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mrs. Richardson, to approve the following Consent Agenda item. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on November 23, 2005 and December 1, 2005 for payment as of this date December 5, 2005. Claims Warrants for the month of December Warrant Numbers 34149 through 34384 in the total amount of $515,412.50 EFT for the Month of December 1974 December 5, 2005 -- continued EFT Numbers 34144 through 34148 in the total amount of $476.00 Payroll # 1 for November 30, 2005 in the total amount of $606,642.08 Warrant Numbers 28327 through 28398 in the total amount of $220,220.92 Direct Deposit Numbers 16717 through 16818 in the total amount of $241,665.05 EFT Numbers 478 through 486 in the total amount of $144,756.11 In the same motion Council: Accepted the Swinomish Piling Replacement project as complete thereby initiating the mandatory 30 -day lien period; if no valid liens are filed any retainage now held by the City will be returned to the contractor, Quigg Brothers of Aberdeen. Public Hearing: Vacation of a Portion of 29th Street Mayor Maxwell opened the Public Hearing on a Petition to Vacate a portion of 29th Street and "E" Avenue submitted by Vintage Investments, Inc. Mr. Ian Munce, Planning Director, explained that the Board of Adjustment held a Public Hearing on this issue and voted to recommend approval of the vacation request. All petitions, exhibits, and materials were forwarded to the Council prior to this evening's Hearing. Using an overhead display, Mr. Munce highlighted the access points to the adjacent Pleasant View replat. If vacated 1-2 additional homesites will be created and will be incorporated into the Pleasant View development. Mr. Munce acknowledged that a key issue of this proposal will be compensation amounts to be set by Council. Mr. Steven Mansfield, 1617 9th Street, speaking on behalf of the applicant, said that the L- shaped portion of right-of-way to be vacated leads nowhere. Mr. Mansfield said that, as part of Pleasant View plat approval, Vintage Investments agreed to maintain a 15' boundary setback clearing limit as was done with the initial construction, and to construct a fence along the boundary line; those conditions would apply equally to this portion to be vacated. Vintage also agreed to take out the gravel fill on 29th Street and return the property to the original grade to avoid potential drainage issues. Mr. George Mehler, 1820 32nd St., asked for assurances that these conditions would be complied with. Mr. Munce explained that the City would enter into an agreement with Vintage Investments that would memorialize those commitments prior to executing the vacation ordinance. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mrs. Richardson moved, to approve the vacation of that portion of 29th Street abutting Lots 13 through 16, Block 15, Pleasant Slope Addition to Anacortes, and extending easterly to the westerly boundary of Lot 34, Pleasant View Addition to Anacortes; and also that portion of "E" Avenue lying between said Block 15, Pleasant Slope Addition and said Lot 34, Pleasant View Addition, and further directed staff to prepare, for Council approval, an Ordinance reflecting this action together with compensation required. Mr. Hoboy seconded the motion. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Appeal of Subdivision Administrator's Decision Reqardinq the Olson Short Plat Mr. Ian Munce, Planning Director, introduced Mr. Scott Thomas, attorney, who will be sitting in on these proceedings to answer any legal questions for the City Council. Mr. Munce then outlined the Olson proposal; his remarks will be followed by the appellant, with remarks from the applicant. The property in question, off of 35th Street and "K" Avenue, has been before Council previously for a Conditional Use application to cross the Ace of Hearts Creek to accommodate a much larger proposal. That application was withdrawn and the current 6 -lot configuration was submitted; the stream buffers widths are 25' — the applicable standard at the time of application. Using an overhead Mr. Munce pointed to the project's open space area, cul-de-sac configuration, and lot layout. As part of the approval the applicant also agreed to limit the project to single family homes, although the zone allows for duplexes. The appellants have asked that more action be taken to protect views; the applicants were approached with the appellants concerns but were not agreeable to a height limitation beyond that required in the zoning ordinance. Ms. Colleen Kenimond, 1607 36th Street, appellant said that their home has had an unimpeded view since the house was constructed 50 years ago. Mrs. Kenimond then referenced SEPA rules encouraging municipalities to provide methods and procedures that will ensure that presently unquantified environmental amenities will be given weight along with economic and technical considerations. The Municipal Code also directs the City to protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land and to minimize conflicts among the uses of land and buildings. Approval of the plat would violate SEPA and would sacrifice the value of her house. Additionally, Mrs. Kenimond suggested that single story homes would 1975 December 5, 2005 -- continued provide more of a building choice for citizens. Ms. Kenimond asked that the Council take the neighbors into account in decision making and require that a height restriction be added to the plat. Mrs. Regina Olson, 12301 Maple Crest Drive, Burlington, said that the original proposal has been scaled back based on neighborhood comment; she has voluntarily agreed to limit the plat to single family homes; and the proposal was modified to avoid encroachment into the stream. The project also includes a vegetation mitigation plan, and overall is consistent with SEPA and Comprehensive and Zoning requirements. Ms. Kenimond also pointed out that they are within the notification distance but did not receive notice of the original plat proposal. In answer to a question from Mrs. Richardson, Ms. Kenimond said that her home is 2 stories. Discussion followed regarding the view to be disturbed. Mrs. Olson said that no house design plans are available. Mrs. Richardson pointed out that the zoning in this area has existed for many years and has included the 35' height restriction; she would not be in favor of diminishing the potential view to accommodate another proposal. Mr. Christiansen suggested that dialogue on view restrictions could best be dealt with during Comprehensive and Development Regulation reviews. With that, Mrs. Richardson moved, seconded by Mr. Hoboy, to deny the appeal and to uphold the Subdivision Administrator's approval of the 6 -lot Olson Short plat. Votes: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, and Hoboy. No — Rock. Motion carried. Final Plat: Castilleia Bluff Mrs. Richardson stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, presented the Final Plat application for the Castilleja Bluff preliminary plat — a 10 - lot subdivision on 18.5 acres generally at the northern terminus of Marine Heights Way. The application was reviewed by the Planning Commission with a recommendation for approval subject to: a bond in the amount of $25,000 be posted against the remaining items to be done, and that no building permits shall be issued until the water system is accepted by City Public Works Department. With that, Mr. Hoboy moved, seconded by Mr. Rock to approve the Castilleja Bluff Final Plat application subject to the two conditions recommended by the Planning Commission. Vote: Ayes — Sizemore, Adams, Christiansen, Rock, Hoboy, and Petrish. Motion carried. Mrs. Richardson returned to the Council Chambers. 2006 Contract Amendment: Prosecutor and Public Defender Mr. Ian Munce, City Attorney, presented an amendment to the City of Anacortes Contract for Public Defender Services and an Amendment to the City of Anacortes Contract for Prosecution Services. Mr. Sizemore, on behalf of the City Council's Public Safety Committee reported that the Committee reviewed the amendments and recommended a 4.1% increase in the compensation rates for the calendar year 2006. With that, Mr. Sizemore moved, seconded by Mrs. Richardson to approve the amendments for the Public Defender and Prosecution Services contracts. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval: Chance Order: Marine Drive Lower Curve Mr. Bob Hyde, Director of Public Works, presented a request for Council approval of modifications to the Marine Drive Phase II project. Mr. Hyde explained that during the excavation of the existing roadway the City encountered several areas that had to be dup up and material replaced; this included areas where brush and trees were piled under the roadway and paved over. Because of this an additional 1,300 cubic yards of material were excavated. With that, Mr. Christiansen moved, seconded by Mr. Rock, to allow the Mayor to increase the Marine Drive Phase II contract with Island Construction Site and Utilities in the amount of $43,145.00. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Approval: Telemetry Uperade Contract Mr. Bob Hyde, Director of Public Works, presented a request for Council approval to provide telemetry upgrades to Wastewater Treatment Plant (WWTP) Pump Stations 3, 4, and 6; the upgrades include new operator interfaces, PLC's, sensors, wiring, and computer programming. Additionally, the City will install a wireless antenna and modify the WWTP's telemetry system to enable the Port's wash water facility to tie into the City's system. Mr. John Franz, WWTP Manager, explained the benefits to the City from the telemetry upgrades. After discussion, Mr. Hoboy moved, seconded by Mr. Christiansen to authorize the Mayor to enter into an agreement with Technical Systems Incorporated for WWTP Pump Stations 3, 4, 6, and Port wash water facility telemetry upgrades in the 1976 December 5, 2005 -- continued amount of $59,641.23. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. There being no further business at approximately 10:15 p.m. the Mayor continued the regularly scheduled meeting of December 5, 2005 to Monday, December 12, 2005 to review the Ship Harbor Residential Community Conditional Use Permit conditions. t�� T 6 W'j4__W4a/"( Wanda P. Johnson(City Clerk -Treasurer H. Dean Maxwell!Mayor Zd4o ncilmember 1977 December 12, 2005 At 7:30 p.m. Mayor Maxwell called the continued meeting of December 12, 2005 (continued from December 5, 2005) to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Gilbane/Ship Harbor: Deliberation and Possible Action These proceedings are on tape and filed at City Hall. Mayor Maxwell resumed the Closed Record Meeting to review proposed conditions for the Ship Harbor Residential Planned Unit Development and Conditional Use Permit applications. At the last Council meeting a motion that would have required a rezone before this project was considered, failed on a 4-3 vote. For this evening's deliberation, Mr. Munce circulated the staff -recommended 28 conditions for permit approvals. If processed, the Conditional Use would allow, under certain circumstances, housing in this zone. Mr. Christiansen, Mr. Hoboy, and Mrs. Richardson submitted proposed conditions for consideration. Mr. Christiansen emphasized that under current zoning, uses not necessarily compatible with private homes are allowed in the property adjacent to this project. Mr. Adams suggested that the 28 conditions should be reviewed in detail by the Planning Commission. Mr. Munce responded the conditions could be sent back to the Planning Commission or the Councilmembers could approve, delete, or add conditions of their own; the Planning Commission would then integrate the Council's conditions into their review of the Planned Unit Development Final Design phase. Mr. Munce further explained that for a Planned Unit Development, City Ordinances require staff to make a consolidated review, analysis, and recommendation on the proposal. Mr. Hoboy offered that this property is in Safety Zone 6 for the airport and residential density is suggested at one house per 5 acres. Mr. Hoboy recommended the following condition to be added to those outlined in his December 5, 2005 e-mail: "Port shall take appropriate action to prohibit the flight pattern from over flying subject property". After discussion, Mr. Adams moved, seconded by Mrs. Richardson, to direct the Planning Commission to conduct a limited reopening of the Ship Harbor Conditional Use and Planned Unit Development Public Hearing to take testimony and deliberate on project conditions. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. At approximately 8:00 p.m. Mayor Maxwell adjourned the continued meeting of December 5, 2005. P �oA�� Wanda P. Johnson, Gity Clerk -Treasure H. Dean Maxwell, Mayor l ncilmem - r December 19, 2005 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, December 19, 2005 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq, Mr. Petrish moved, seconded by Mr. Sizemore to approve the minutes of December 5, 2005 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Mr. Petrish clarified that the specific points he raised during the discussion on the Ship Harbor Residential Community are on tape and filed at City Hall. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication. Mayor Maxwell made the following announcements: (1) Channel 10 will replay this evening's meeting through December 25th; after that the station will be off the air for two weeks for annual maintenance; (2) The Port of Anacortes owns a 6 -acre parcel for lease in the CM 1 zone where retail uses of up to 20,000 square feet are allowed. In that regard, the Mayor has initiated a dialogue with the Port on a public/private partnership to assist in creating retail opportunities on that property; and (3) the City will attach a business economic survey to the upcoming utility bills. The Mayor added that the information provided by the survey will assist in developing future business opportunities for the community. Mr. Christiansen asked that the survey be made available for renters and members of condo associations as well. Mr. Petrish asked for information on proposed Planning Commission candidates. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda item. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 8, 2005 and December 15, 2005 for payment as of this date December 19, 2005. Claims Warrants for the month of December Warrant Numbers 34285 through 34514 in the total amount of $477,644.49 Pavroll # 1 for December 15, 2005 in the total amount of $417,323.18 Warrant Numbers 28399 through 28460 in the total amount of $60,412.83 Direct Deposit Numbers 16879 in the amount of 17023 in the total amount of $225,192.25 EFT Numbers 487 through 491 in the total amount of $131,718.10 In the same motion Council: �� � �� 8 �� � �� -- - - ��TYCOUNC|LY0|0UTEGDECEK8BER19,2005 Accepted the "K"Avenue Sidewalk project (]4-O84-TRN-OO1) ascomplete thereby initiating the mandatory 30 -day lien period; ifnovalid liens are filed any retainage now held by the City will be returned tothe contractor, MP Construction. Ordinance: 4`"Quarter 2005 Budqmt Amendment K8a. Wanda Johnoon, Finance Dineotnr, presented on Ordinance to Council for review and adoption. The Ordinance atotes, in part. ''VVhoreao, it has been and shall be necessary to expend certain additional funds for expenditures which were not anticipated at the time of adoption ofthe 2OO4 Budget". K80. Johnson then reviewed each of the Fund adjustments; the bulk of the fund arDeAdDleOtS have been reviewed and approved by Council throughout the year. After discussion, Mr. Rook moved, seconded by Mr. Hoboy, to adopt Ordinance No. 2726 entitled "An Ordinance Amending Ordinance No. 2078 Approved and Adopted on November 1, 2004 and entitled An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the year 2006' Vote: Ayes - Adams, Christiansen, Riuhardson, F|ock, Hoboy. Fzetheh. and Sizemore. Motion carried. Ordinance: 2006 Water General Facilities Charae Mr. Bob Hyde, Director of Public Works, initiated the C0UOCi| review of the recent Water Rate Study recommendation to increase the water General Facility Charges (GFC). The Gray and Osborne Study is close to completion; their findings show that the City could charge up to $5.81Ofor a nunna| residential hook-up. The current charge of $1,080 has been in place oiRma March of 1992. Additionally, GFC increases should occur on January 1 of each year based on the percentage change in the Engineering News -Record Construction Cost Index for the previous 12 months. Having reviewed the Gnay@ [)abVrna data, staff recommends increasing the GFC to $2.000 effective January 1. 2008 with annual index increases thereafter. Effectiveness of the new GFC will be reviewed again in 3 years with the next study. Discussion followed regarding the rationale associated with the staff recommended GFC increase to $2.000. vesting, and numbers of services sold in 2005. With that, Mrs. Richardson moved, seconded by Mr. Hoboy to adopt Ordinance No. 2727 entitled "An ordinance Updating the City's Existing One -Time General Facilities Charge for New Water Connections in the City of Anecortee' and Repealing Section 3 of Ordinance 2225 Passed and Approved the 2»u da' of March, 1992." Vote: Ayes - Richardson,. Rock, Hoboy. Petrish. and Adams. No-Chrietia an and Sizemore. Motion carried, Resolution: 0el)utv Clerk and DeputV7[reasurer Ms. Wanda Johnson, Finance Director, presented o Resolution to Council for review and adoption. If adopted the Resolution would designate Finance Department Deputy positions to act on behalf and in the absence of the City Clerk -Treasurer. Mr. Jesse Hofhe�[Dar ahmU be authorized to act as Deputy Treasurer and Ms. Sue Moore shall be authorized to act as Deputy City Clerk. K80. Johnson catalogued the contributions that both employees have made tothe Finance Department. With that, Mr. Rook rnoved, seconded by Mr. Chhstianaen, to adopt Resolution No. 1715 entitled "Updating Deputy Clerk/Treasurer Positions and Repealing Prior Related Resolution". Vote: Ayes - Richardson, F|ock, Hoboy, Petrieh, Sizemore, Adams, and Christiansen. Motion carried. Annual Excellence inInfrastructure Awards Mr. Bob Hyde, Director of Public Works, reviewed the following criteria used to establish the first annual Excellence in Infrastructure /\xmando: construction quality, tinne|inaee. |ovv change order nates, sensitivity to local community and naighborhoOdo, innovative design and/or const[uction and sensitivity tothe environment. The K8myorpresented each ofthe recipients vvithmcerti�--` commemorating the Award. For the benefit of the audience staff provided photos of each of the projects. Mr. Fred Buckennneyer, Assistant Engineer recognized the following private developments: Fir Crest Development -owners Strandberg Construction and Welch Brothers Rock Construction with Herrigetad Engineering; Sanioh \iaxEstates - owner Northern h�rn-F=e=g=-='Deva|opment, Contractor - Lea Johnson and Son's, with Summit Engineering; Ridqe/Rock Ridqe West - Owner Tony Malo; Spinnaker Cove - owner Strandberg Construction,Contrmotor - Welch Brothers Construction with Her[igstadEngineering. Kr. Hyde then the Public Works Projects: "H" Avenue Reconstruction - General Contractor --~Conotru�|on (Gone Gilden); 41st Street 8afetY Improvements - General Contractor --^Sohvebc Construction; V.T. Preston - General Contractor Roosenda| Hon000p' ThompsonTrei|/TreeUe PedeathanPath-DesignEnginaar-SrayandOabonne.oOdGenana/ Wilder Construction. The Mayor the �DOtr@��Or� and developers live Contractor- . by the nnDttO that, together we are building a community. Pride in Service Award: Bud Rock 2 1980 Mayor Maxwell announced that Mr. Bud Rock has met the Service Award criteria for 20 plus years of service to the City of Anacortes. Mr. Rock accepted his Service Award, a City of Anacortes jacket, to a standing ovation and appreciative applause. Recognition of Public Service for Ray Sizemore, Terry Christiansen, and Bud Rock Mayor Maxwell presented plaques of appreciation to Ray Sizemore, Terry Christiansen, and Bud Rock, for their many years of dedication, hard work, and support as members of the Anacortes City Council. Mr. Christiansen, having served on the Council for 12 years expressed appreciation for each and every member of City staff for their efforts; he said that it has been his privilege to serve the community. Mr. Sizemore, also a 12 -year Councilmember, looked with pride to major City improvements including a new theater and police station. Mr. Rock first thanked his family for their support over the last 28 years of his public service career and praised the efforts of the Council in recent years to be fiscally responsible and to make the difficult decisions. Mr. Petrish thanked these three Councilmembers for their professionalism, experience, and direction. The Mayor then invited everyone to stay and share cake and reminisces with Mr. Sizemore, Mr. Christiansen, and Mr. Rock. There being no further business the meeting of December 19, 2005 was adjourned at 9:10 p.m. Wanda P. Johnson, CityClerk-Treasurer H. Dean Maxwell, Mayor Erica Pickett, Councilmember