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City Council Minutes— December 3, 2012
Special Meeting: At 6:00 p.m. Mayor Dean Maxwell called to order an advertised special meeting of the
Anacortes City Council for the purpose of parliamentary procedure training with City Attorney Brad
Furlong. No public testimony and no action was taken. City Councilmembers Eric Johnson, Ryan Walters,
Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and Brian Geer were present. Anacortes
Planning Commissioners Matt Miller, Lin Folsom, John Archibald, Sheri Muntean and Marty Laumbattus
also attended. The councilmembers and commissioners discussed Items 9.1 through 9.12 in the City of
Anacortes Parliamentary Procedures Discussion document prepared by Mr. Furlong and provided
feedback for revisions to that document. At approximately 7:00 p.m. the special meeting was adjourned.
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
December 3, 2012 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad
Adams, Bill Turner, Cynthia Richardson and Brian Geer. Roll call was followed by the Pledge of
Allegiance.
Mayor Maxwell announced that on Thursday, November 29, 2012 the city received from Tethys maps, a
memorandum of real estate purchase and sale agreement, and legal descriptions that timely satisfy the
site selection requirements of Section 3.1 of the City's agreement with Tethys.
Minutes of Previous Meeting
Mr. Johnson moved, seconded by Mr. Geer, that the minutes of November 19, 2012 and
November 26, 2012 be approved as if read. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson,
Geer and Johnson. Motion carried.
Citizen Hearings
Tom Glade, 210 Mansfield Court, spoke on behalf of Evergreen Islands. Mr. Glade said the site identified
in the Tethys documents submitted Thursday still didn't include the land required for a rail yard for the unit
trains and could only hold .2 mile of track. Mr. Glade said Steve Winter had stated that a large rail transfer
station would be located on site. Mr. Glade asked councilmembers to do due diligence and understand
exactly what the proposal requires.
Alex Taylor, 1907 Cedar Springs Lane, said he had received a copy of the Tethys layout. Mr. Taylor
asked for clarification about the current ownership of the land where the rail line passes through the
proposed site. Mr. Taylor also said that where Padilla Heights Road passes through the site the property
would be bisected by a highway and asked how the parcels would be joined together. Mr. Taylor noted
that Padilla Heights Road climbs steeply and said there would be a major excavation job there to build a
plant on one level. Mr. Taylor asked that his questions be answered before Council made any decisions
on the project.
Mayor Maxwell clarified that Tethys had acquired the 30 acres of property required by its agreement with
the city but that site design was yet to be done.
Wilhelmus Houppermans, 3412 K Avenue, thanked Assistant Planning Director Don Measamer for
meeting regarding the site grading at the Memory Care Center. Mr. Houppermans said the Center is a
very big building on a sloped lot so one corner is being excavated and another corner is being built up. He
said it is a big building that really doesn't fit there. Mr. Houppermans said the proposed Tethys site is a hill
and asked how are they going to do that? He encouraged councilmembers to visit the Memory Care
Center site.
Patti Pattee, 1302 6th Street, spoke on behalf of her business, Watermark Book Company, and for
Heather Miller of Read me a Story. Ms. Pattee thanked Anacortes Public Library Children's Librarian
Doug Woods and his assistant, Ria Kilburn, for obtaining a $2000 grant from Target to encourage family
reading nights. Ms. Pattee said over the past year the program has had wonderful readers including the
Anacortes City Council Minutes December 3, 2012 1
mayor, Chief Bowers and Chief Curtis and at the end of the reading every child leaves with a book
purchased with the grant funds from one of the two local stores. Emphasizing the importance of early
childhood education, Ms. Pattee announced that Santa Claus would be reading at the library at 6:30 p.m.
on December 4, 2012 and that a local couple had pledged $2000 to continue the family reading night
program for another year.
Sandra Spargo, 1408 11t" Street, requested that Tethys CEO Steve Winter appear for a public
presentation with a question and answer period afterward so everyone could hear the answers at one
time.
Mayor/Council Communication and Committee Reports
Mr. Turner extolled the virtues of early learning and noted that the Anacortes School District is a national
leader in the field.
Mayor Maxwell announced that the next Port/City Liaison meeting would be held at City Hall on
December 4, 2012.
Mayor Maxwell announced that he would like to appoint Aaron Rasmussen to the Forest Advisory Board
for a five-year term ending October 2017. Mrs. Richardson moved, seconded by Mr. Geer, to confirm the
appointment. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, Johnson and Walters. Motion
carried.
Mr. Geer announced that he and the mayor attended the Skagit County Boys and Girls Club fundraising
auction on November 30 which raised over$100K.
Mr. Adams reported that the City Council Planning Committee met earlier in the day and was almost
through reviewing Terry Christiansen's proposed changes to the zoning regulations. He advised that the
committee would then put together a matrix and bring it to the full Council in the first quarter of 2013.
Consent Agenda
Mr. Johnson moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote:
Ayes—Adams, Turner, Richardson, Geer, Johnson, Walters and Pickett. Motion carried.
Approval of Vouchers/Cancellation of Checks
Council voted unanimously that the following vouchers/checks audited and certified by the City's Auditing
Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee
on November 21, 2012 and November 29, 2012 are approved for payment as of December 3, 2012.
Claims
Check Numbers 66786 through 66959 in the total amount of $2,637,998.74
EFT
Check Numbers 66784 through 66785 in the total amount of$2,333.79
Prewritten Checks
Check Number 66783 in the amount of$221.66
Payroll for November 20, 2012 in the total amount of$570,091.60
Check Numbers 37811 through 37836 in the total amount of $24,364.92
Direct Deposit Numbers from 46818 through 47003 in the total amount of$353,934.64
EFT Numbers from 1480 through 1484 in the total amount of$191,792.04
In the same motion Council:
Anacortes City Council Minutes December 3, 2012 2
Approved sending a letter supporting Senate Bill 6248 and House Bill 1904 (Marine Tourism) to
the City's state representatives in Olympia;
Authorized the mayor to sign the Findings of Fact, Conclusions of Law and Decision for the Port
of Anacortes application for a Shoreline Substantial Development Permit and Setback Variance for the
Wyman's Property Habitat Mitigation Site;
Approved the Street Fair Application for the Chamber of Commerce Annual Christmas Tree
Lighting on Friday, December 7, 2012 from 5:00 p.m. to 7:00 p.m.; and
Approved the Street Fair Application for the Lion's Club Christmas Parade on Saturday,
December 8, 2012 from 10:00 a.m. to 12:00 noon.
Public Hearing: Adult Concessions Ordinance
Planning Director Ryan Larsen recapped the recent history of this topic. He noted that the Council packet
for the evening included studies prepared for Des Moines, Federal Way, Bellevue, Kent and Olympia to
implement their regulations of adult concessions. Mr. Larsen summarized the changes made to the draft
ordinance based on feedback from Council at the November 19, 2012 study session. Mr. Larsen then
listed four outstanding issues that need to be addressed for the final ordinance including Sections
5.35.030.A.a.b, Section 5.35.030.A.1.e, Section 5.35.030.A.2 and Section 5.35.060.D. Mr. Larsen
suggested that Council take public testimony at this meeting, then staff would work with the city attorney
to refine the definitions and bring a revised draft back to Council in January. Mayor Maxwell advised that
Council would take additional public comment on the revised document when it was presented.
At approximately 7:23 p.m. Mayor Maxwell opened the public hearing on the proposed Adult Concessions
Ordinance. No one wishing to speak, the mayor closed the public hearing.
In response to a question from Mr. Adams, Mr. Larsen said that written public comment could be
submitted through late January. Mr. Adams encouraged public input on the appropriate southern
boundary for retail establishments under the ordinance. Councilmembers discussed the appropriate
minimum age for managers of adult entertainment facilities. Mrs. Pickett and Mrs. Richardson expressed
a preference for 21. Mr. Geer asked if the city could impose such an age restriction. Mr. Furlong advised
that the legal age of majority in Washington State is 18. Mr. Walters and Mr. Turner expressed a
preference for 18. Mrs. Richardson asked Mr. Larsen to check with MRSC to determine the City's ability
to impose age restrictions on managers.
Executive Session— Fifteen (15) Minutes
At approximately 7:30 p.m. Mayor Maxwell announced that City Council and City Attorney Brad Furlong
would convene in Executive Session for approximately fifteen minutes to discuss a possible real estate
acquisition about which open session discussion could affect the price and would reconvene without
taking any action. At approximately 7:55 p.m., without taking any further action, the regularly scheduled
Anacortes City Council meeting of December 3, 2012 was adjourned.
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