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HomeMy WebLinkAbout1994 City Council MinutesW ti December 20, 1993 - continued Resolutions Setting Public Hearing Dates - West 2nd Street and West 3rd Street Mayor Geer presented Resolution No. 1291 setting January 18, 1994 as the Public Hearing date to review and take comments on a Petition to vacate a portion of West 3rd Street and Resolution No. 1292 setting January 18, 1994 as the public Hearing date to review and take comments on a Petition to vacate a portion of West 2nd Street. Mr. Jackson moved, seconded by Mr. Parrish, that the Resolutions be adopted. Vote: Ayes - Lian, Smith, Rock, Parrish, Jackson, Young. Motion carried. Mr. Lian then complimented Mayor Geer on his contributions as Mayor over the last two years. Mrs. Smith shared that her time as a member of the Council has been one of the most rewarding experiences of her life. Executive Session At approximately 9:15 Mayor Geer announced that the Council would convene in Executive Session to discuss negotiations. At Approximately 9:45 the Council reconvened from Executive Session. Mr. Lian, moved that the proposed settlement agreement between the City of Anacortes and Mr. Lippe, as outlined by Mr. Bucklin in Executive Session, be accepted and the Mayor be authorized to sign the necessary written documents to implement that settlement. Motion was seconded by Mrs. Young. Vote: Ayes - Parrish, Jackson, Young, Lian, Smith, Rock. Motion carried. At 9:50 p.m. there being not further business the meeting was adjourned. Geo 4t�_ City Clerk -Treasurer January 3, 1994 7xgwV3 H. Dean Maxwell, Mayor At 7:30 p.m. Councilman Bill Jackson called the Anacortes City Council meeting to order. The Pledge of Allegiance to the Flag was recited followed by an invocation. Finance Director and City Clerk, Mr. George Khtaian, then administered the Oath of Office to Councilmembers Mr. Ray Sizemore, Mr. Terry Christiansen, Mrs. Jeanne Robinette and Mr. Bud Rock. After the new Councilmembers signed the Oath of Office and took their seats, Mr. Khtaian then administered the Oath of Office to Mayor Dean Maxwell. Mr. Khtaian presented Mayor Maxwell with the County Auditor's Certificate of Election. Mayor Maxwell expressed appreciation to his family, friends, and the people of the City for their support and for this opportunity to serve the community. In particular, Mayor Maxwell thanked Mrs. Maxwell. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette and Bud Rock. Minutes of Previous Meeting The minutes of December 20, 1993 meeting were approved without corrections or additions. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings Mr. Bill Vaux, former Skagit County Commissioner, congratulated the Mayor and Council on taking responsibility to meet the challenges ahead. Mr. Vaux then thanked former Mayor, Doyle Geer, for his outstanding efforts as the City's representative. Correspondence There was no correspondence. Mayor Pro -Tem Mr. Parrish moved, seconded by Mr. Jackson, to nominate Mr. Bud Rock as Mayor Pro -Tem. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Parrish. Abstain: Bud Rock. Motion carried. 1049 January 3, 1994 - continued Voucher Approval 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 29, 1993 are now approved for payment by the City Council as of this date, January 3, 1994. Council vote is unanimous. Claims Vouchers: December, 1993 - Warrant Numbers 35967 through 36073 in the total amount of $78,345.88 Claims Vouchers: January, 1994 - Warrant Numbers 36074 through 36096 in the total amount of $18,626.37 Draw Payroll: December, 1993 - Warrant Numbers 31900 through 32032 in the total amount of $64,429.00 Ordinance - Traffic Revision - T Avenue Between 22nd and 24th Streets City Attorney, Steve Mansfield, introduced an Ordinance entitled "An Ordinance Amending Anacortes Municipal Code Section 10.12.035 (D), Relating to Parking Between 14th Street and 17th Street on Commercial Avenue, and Adding a New Code Section Prohibiting Parking on Both Sides of T Avenue Between 22nd and 24th Streets." Mr. Pemberton, Director of Engineering & Development Services, then reported to Council that the Traffic Safety Committee has reviewed this Ordinance and recommends approval. Mr. Pemberton reviewed the "T" Avenue construction project that would require this traffic revision. Mrs. Robinette asked that staff notify those businesses affected by the traffic revision. Mr. Dave Stearns of Osborn Construction answered questions from Mr. Sizemore. Pemberton then discussed the reason for the request to remove the 2 -hour parking restriction on Commercial from 14th Street to 17th Street. Mrs. Young asked if there was an hourly restriction on vehicles marked "For Sale". Mr. Christiansen expressed concern that removal of the parking restriction would encourage long-term parking for boat trailers and trucks. After discussion, Mr. Parrish moved, seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2310 with the proviso that after six months the Traffic Safety Committee review the effects of the removal of parking restrictions on Commercial. Vote: Ayes - Robinette, Rock, Parrish, Jackson. No - Christiansen, Young, Sizemore. Motion carried. Update on Senior Center Mayor Maxwell announced that there will be an update on the Anacortes Senior Center on January 10, 1994 at a Council Study Session. Resolution - Stating the Intent to Observe Martin Luther King Day as an Official Holiday for the City of Anacortes Mayor Maxwell read a Resolution that resolves that it is the intent of the City to observe Martin Luther King Day as an official holiday for the City beginning in January of 1995, once the labor negotiations for 1994 are concluded. Mr. Parrish moved, seconded by Mr. Rock, that the Resolution be adopted and given Resolution No. 1293. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Appointments Mayor Maxwell recommended the following nominations to City of Anacortes Boards and Commissions: Ms. Laurie Gere and Mr. Clay Leming to the Planning Commission; Mr. Buehl Berentson to the Civil Service Commission; reappointments of Mr. Brad Snyder and Mr. John Curtis to the Board of Adjustment. Mr. Rock moved, seconded by Mr. Sizemore, to approve the appointments. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Mayor Maxwell announced that the Key Club will provide curbside collection of Christmas trees on January 8, 1994. Mr. Rock Moved, seconded by Mr. Parrish, that Mrs. Robinette be selected to serve on the Council's Finance Committee. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. There being no further business, Geor Kht an, Cieerk-Treasurei the meeting was adjourned at 8:05 p.m. H. Dean Maxwell, Mayor January 18, 1994 Mayor Maxwell called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Minutes of Previous Meeting Mrs. Young moved, seconded by Mr. Sizemore, that the minutes of January 3, 1994 be approved as if read. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. At this time Mayor Maxwell called forward Mrs. Barbara Jackson, Planning Commission member for 12 years, and Mrs. Charles Williams, Civil Service Commission member for 17 years. Mayor Maxwell then presented each with a plaque commemorating their years of service to the community. Citizen Hearings A representative (name not given) for Mr. adjacent to the Anacortes High School Sports from the Mayor on a dispute between Mr. District. The Mayor responded that he, the of Engineering & Development Services would this issue. Correspondence There was no correspondence. Robert Nemitz, owner of property Complex, asked for consideration Nemitz and the Anacortes School City Attorney, and the Director meet with Mr. Nemitz to resolve Street Improvement Waiver - Chuck Boyd Mr. Jim Pemberton, Director of Engineering and Development Services reviewed the background on a request by Mr. Chuck Boyd for a waiver from the Street Improvement Ordinance for the development of approximately 1/2 block of 16th Street in the vicinity of C Avenue to a width of 36' with a gravel base. Because of neighborhood concerns, Council had directed Mr. Pemberton to meet with Mr. Boyd and neighbors Al Littlefield and Jim Choate to reach a consensus on this proposed project. As a result of that meeting, staff recommends that the waiver be granted as requested to serve one single family dwelling only. If Mr. Boyd chooses to further extend 16th Street to serve additional building sites, Mr. Boyd will be required to pave the street extension a minimum of 28' wide. Mr. Littlefield and Mr. Choate have agreed to participate in this paving project. Mr. Pemberton further recommends that either a deed restriction or letter of understanding between the City and Mr. Boyd be prepared to clarify this agreement. Councilmembers discussed area topography and future development with Mr. Pemberton. Mr. Parrish moved, seconded by Mr. Jackson, to grant the waiver as proposed by the Department of Engineering & Development Services. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. McKee Condominium Fire Impact Fee Mayor Maxwell presented a letter of protest from Mrs. Billie McKee and Mr. Don McKee stating that ladder truck impact fees have been improperly assessed against their Heritage Place condo project at 9th Street and "Q" Avenue. Mayor Maxwell indicated that Council had reviewed this matter in Study Session. After discussion, Mr. Parrish moved, seconded by Mrs. Young, that the fee waiver be denied. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young. No - Sizemore. Public Hearing Street Vacation - Portion of West 2nd Street - Wilmoor Corporation (on tape and filed at City Hall) Mayor Maxwell opened the Public Hearing on a Petition to Vacate the south 15 feet of West 2nd Street abutting Block 1004, Northern Pacific Addition. The Petition was submitted by Wilmoor Development Corporation topography and rear yard setbacks as reasons for the vacation. Mr. Jim Pemberton, Director of Engineering & Development Services, reviewed the Board of Adjustment recommendation to deny the request based on property owner opposition, future development of West 2nd Street and no demonstrated hardship. Mr. Pemberton reviewed the criteria applied by the Board of Adjustment to vacation petitions. Staff also recommends denial. Mr. Greg Wilson, representing Wilmoor Development Corporation, Redmond, Washington, briefly reviewed the development plans for the building sites 1051 January 18, 1994 - continued on West 2nd St. Based on concerns raised at the Board of Adjustment hearing, Mr. Wilson offered to amend the Petition to request the south 5 feet of West 2nd. Mr. William Aldrich, 3710 West 3nd; Mr. Charles Lang, 3610 West 2nd; and Mr. Boyen Walcheff, 3608 West 2nd, opposed the vacation. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Christiansen moved, seconded by Mrs. Young, to deny the Street Vacation Petition. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Public Hearing - Street Vacation - Portion of West 3rd Street - Kevin Boyd Mayor Maxwell opened the Public Hearing on a Petition to Vacate a portion of West 3rd Street. Mayor Maxwell then continued the Public Hearing to February 22, 1994. Street Waiver Request - Ralph and Pamela Williams Mr. Jim Pemberton, Director of Engineering & Development Services, presented a Street Improvement Ordinance waiver request from Mr. and Mrs. Ralph Williams. The waiver is for a proposed fourplex at 907 27th Street. The Williams have expressed a willingness to support a future local improvement district for the purposes of developing curb, gutter and sidewalks. Staff recommends that the waiver be granted providing Mr. and Mrs. Williams execute an Affidavit of Non -Opposition to a future Local Improvement District. Mrs. Young so moved, seconded by Mr. Jackson. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Utility Extension - Herringstad - 17th Street - "C" Avenue to "D" Avenue Mr. Jim Pemberton, Director of Engineering & Development Services, presented a request from Mr. Harvey Herringstad to extend sewer and water on 17th Street between "C" and "D" Avenues. Mr. Jackson moved, seconded by Mr. Parrish, that the utility extension be approved. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Resolution - Kiwanis Waterfront Park Mr. Gary Robinson, Director of Parks & Recreation, presented a Resolution to Council that would dedicate and name a City Park in recognition of donations made toward the completion of that project. The Kiwanis Noon Club, the Anacortes Sunrise Kiwanis Club and the Anacortes High School Key Club have pledged to donate $25,000 over a four-year period toward the completion of a waterfront park. Mr. Rock moved, seconded by Mr. Christiansen, that the Resolution be adopted and given Resolution No. 1294. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Architect Contract for Police Building Remodel Mr. Gordon Bruchner, City Engineer, reviewed the architect selection process. The Selection Committee chose Mr. Marc Estvold as the top-ranked choice after conducting formal interviews. The Scope of Work submitted by Mr. Estvold provides for architectural services through design, bidding and construction phases of the first element of the Police Building renovation with a fixed fee not to exceed $28,000.00. Mr. Bruchner pointed out that the first phase includes new roof, remodeling of the apparatus bay into office space and moving the communications center into that space. Subsequent phases would include general remodel/rennovation of other portions of the building. Mrs. Robinette pointed out that at the end of the schematic design stage Council could modify or terminate this project depending on the recommendation on the data received. Mr. Bruchner also discussed the seismic study to be done on the building and possible construction scenarios based on the results of this study. Mr. Parrish asked that the Council receive a copy of the seismic study. The committee recommends Council authorize the Mayor to execute the contract. Mr. Jackson so moved, seconded by Rock. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Voucher Approval 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 5, 1994 are now approved for payment by the City Council as of this date, January 18, 1994. Council vote is unanimous. Claims Vouchers: December, 1993 - Warrant Numbers 36138 through 36232 in the total amount of $233,660.40 1052 January 18, 1994 - continued Claims Vouchers: January, 1994 - Warrant Numbers 61003 through 36137 in the total amount of $13,562.83 Payroll: December, 1993 - Warrant Numbers 32033 through 32251 in the total amount of $384,033.40 Benefit Payroll: December, 1993 - Warrant Numbers 35461 through 35966 in the total amount of $129,048.38 Ordinance - Mayor's Salary Mayor Maxwell stated that the Ordinance authorizing the Mayor's salary would be withdrawn from the agenda to be revisited in three months. Mrs. Robinette supported this action. Mr. Jackson protested the removal of this item and moved to adopt Ordinance No. 2311 establishing a compensation plan for the Mayor of the City of Anacortes. Mr. Rock asked if the motion was in order if the item had, in fact, been removed from the agenda. Mr. Steve Mansfield, City Attorney, explained that during the meeting the Council controls the agenda; the preliminary agenda is prepared by the Mayor. Vote: Ayes - Jackson, Christiansen, Rock, Parrish, Young, Sizemore. No - Robinette. Motion carried. EES Contract - Utilities Review Mayor Maxwell presented an Agreement to Council between the City of Anacortes and Economic and Engineering Services, Inc. to provide consulting services for utility management review and evaluation. After discussion, Mr. Jackson moved, seconded by Mr. Parrish, to authorize the Mayor to execute the Agreement. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Resolution and Contract - Chamber of Commerce Mayor Maxwell presented a Resolution to Council that would authorize execution of a contract between the City of Anacortes and the Chamber of Commerce to advertise, publicize or distribute information for the purpose of attracting visitors to the City of Anacortes. City Attorney Mansfield pointed out that the only change in this contract over previous contracts is a provision that the City shall have a report each six months in regard to the expenditure of the funds. Mr. Jackson moved, seconded by Mr. Rock that the Resolution be adopted and given Resolution No. 1295. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Resolutions - Authorizing Agreements Between the City of Anacortes and the Town of LaConner and Swinomish Tribal Community - 911 Calls Public Safety Director, Pat Beatie, presented Resolutions to Council that would authorize agreements between the City of Anacortes and the Tow of LaConner and Swinomish Tribal Community to provide 911 dispatch services. Director Beatie pointed out revisions to Section 3: "Compensation" of both agreements. Councilmembers thanked Mr. Beatie's department for the thorough study and investigation of contract amounts. Mr. Rock moved, seconded by Mr. Sizemore that Resolution No. 1296 (Authorizing Agreement between the City and the Town of La Conner) and Resolution No. 1297 (Authorizing Agreement between the City and the Swinomish Tribal Community) be adopted. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Mr. Stan Patrovsky asked for a clarification of services provided. Senior Center Update After discussion, Councilmembers agreed that it was appropriate to move ahead with the Senior Center project. Mrs. Robinette clarified that the City would not commit the general taxpayer to this project. Mr. Rock moved, seconded by Mr. Parrish, to continue with the Fidalgo Center project. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Skagit -Island RTPO Agreement Mr. Jim Pemberton, Director of Engineering & Development Services, presented to Council the Interlocal Agreement for the Skagit/Island Regional Regional Transportation Planning Organization. Mr. Pemberton reviewed the benefits to the City from participating in this forum for cooperative decision making to bring about a comprehensive regional transportation plan. Staff recommends Council authorize the Mayor to execute the Agreement. Mr. Parrish suggested that the Agreement language be simplified and asked for clarification on Section 7, "Eligible Expenditures". Mr. Jackson so moved, seconded by Mr. Rock. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. :1053 January 18, 1994 - continued At approximately 9:15 p.m., Mayor Maxwell announced that the Council would convene in Executive Session to discuss Union Negotiations. At approximately 10:30 p.m., the Council reconvened and without taking any further action the meeting was adjourned. George taian, City Clerk -Treasurer February 7, 1994 74 A94C-1 H. Dean Maxwell, Mayor Mayor Maxwell called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting With the following addition recommended by Mrs. Robinette, Mrs. Young moved, seconded by Mr. Sizemore, that the minutes of January 18, 1994 meeting be approved as if read: Architect Contract for Police Building Remodel, page 3: "Mrs. Robinette pointed out that at the end of the schematic design state Council could modify or terminate this project depending on the recommendation on the data received." Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings Mr. Stan Patrovsky, 2716 Oakes Avenue, asked that a Public Hearing be called as soon as possible to stimulate resolution of the TCI Franchise renewal negotiations. Mr. Steve Mansfield, City Attorney, reported that based on the lack of response from TCI Cablevision, he is now actively pursuing the City's alternatives as to how to proceed from this point. The Mayor assured Mr. Patrovsky that the City will resolve this issue. Correspondence There was no correspondence. Status - Protest Period - LID 201 Campbell Lake Water Line Mayor Maxwell reported that the Campbell Lake Road Waterline Local Improvement District 4201 30 -day comment period is over. No letters of protest were received. Mr. Jackson moved, seconded by Mrs. Young, that the staff be authorized to begin preparation of plans and specifications and call for bids for LID #201. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Parrish, Young. No - Rock. Motion carried. Status - Protest Period - LID 203 Sewer Extension Anaco Beach Road Mayor Maxwell reported that the Anaco Beach Road Sewage Collection System Local Improvement District #203 30 -day comment period is over. Mr. Jim Pemberton, Director of Engineering & Development Services, discussed the letter of protest from the owner of Lots 17, 18, and discussed the overall benefits of the proposed sewage collection system. Mr. Jackson moved, seconded by Mr. Parrish, that staff be authorized to begin preparation of plans and specifications and call for bids for LID 4203. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. SIRTPO - Interlocal Agreement Mayor Maxwell asked that Council confirm changes to the previously -approved Interlocal Agreement with the Washington State Department of Transportation. The Skagit and Island Regional Policy Board recommended the changes after a review of the agreement. Mr. Parrish moved, seconded by Mrs. Young, to approve the recommended changes to the SIRTPO Interlocal Agreement. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Presentation of Awards To applause and a standing ovation, Mayor Maxwell presented certificates of appreciation to 1993 reserve police officers, Steve Ashlock, Chuck Evans, Del Farrell, Dave Fernando, Dennis Lamberson, John McKown, Steve Peterson, Gary Schreffler, Joe Sexton and David Wilbur. The Mayor then presented a plaque to Ms. Marian Lewis commemorating her years of service on the Planning Commission and dedication to the community. February 7, 1994 - continued Mrs. Marie Padovan and Mr. John Franz, first recipients of the Employee of Merit Award, then stepped forward to receive commendations for their exceptional contribution to the City of Anacortes. Ordinance - Animals Within Boundaries of Cemetery Mr. Gary, Director of Parks and Recreation, presented an Ordinance that would prohibit dogs and horses within the boundaries of a public cemetery. Discussion with Council followed on violation of the Ordinance and penalties. Mr. Rock moved, seconded by Mr. Christiansen, that Ordinance No. 2312 prohibiting dogs and horses within the boundaries of a public cemetery be adopted. Vote: Ayes - .Robinette', Rock, Parrish, Young, Sizemore, Christiansen. No - Jackson. Motion carried. Voucher Approval 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 19, 1994; January 26, 1994; and February 2, 1994 are now approved for payment by the City Council as of this date, February 7, 1994. Council vote is unanimous. Claims Vouchers: February, 1994 - Warrant Numbers 36303 through 36440 in the total amount of $394,938.83 Payroll: January, 1994 - Warrant Numbers 32388 through 32601 in the total amount of $370,978.61 Benefit Payroll: January, 1993 - Warrant Numbers 36295 through 36300 in the total amount of $126,697.36 Draw Payroll: Warrant Numbers 32258 through 32386 in the total amount of $64,129.00 Bond Anticipation Note - Ordinance Mr. Ian Munce, Planning Director, reviewed the 25 -year financial and development history of the Urban Renewal Area now known as the Anacortes Industrial Park. Mr. Munce explained that the Industrial Park now has 25- 30 small businesses employing 300-400 people with a potential sales of 4 acres. Additionally, there are 11 uncommitted acres available with a current asking price of $5.00/acre. Lease, option and miscellaneous ramp fee revenues are sufficient to pay interest costs on the note and debt service on the dock loan and administrative costs. The current Industrial Park general debt has been reduced to $450,000 from a high of $1,150,000. Mr. George Khtaian, Finance Director, then presented the Ordinance to Council authorizing a 1 -year $450,000 Bond Anticipation Note. He pointed out that the proposed interest rate per annum is not to exceed 6%. The scheduled dates are: bidding will take place on February 17, 1994; bid to be brought back to Council on February 22, 1994 for acceptance with a closing date of February 24, 1994. After discussion Mr. Rock moved, seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2313. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Public Hearing - Two Conditional Use Permit Applications - Stockwell - RV Park in HM Zone and Encroachment into Certain Wetland Buffer Zones Mayor Maxwell opened the Public Hearing on two Conditional Use Applications submitted by Richard and Barbara Stockwell: (1) to locate a 233 -unit RV park in the Commercial Marine Zone, Weaverling Spit, and (2) to encroach three ways into certain wetland buffer zones - (a) bridges to cross wetlands, (b) certain vehicle spaces, (c) certain stormwater improvements. Mr. Ian Munce, Planning Director, explained that the Planning Commission held Public Hearings on both Conditional Use Applications together with a Public Hearing on a Shoreline Substantial Development Permit application. The Commission approved the Shoreline Permit and has recommended approval of both Conditional Use applications subject to 27 conditions. Mr. Richard Stockwell, proponent, discussed the following issues: research conducted to determine need for an RV park in Anacortes, project environmental amendments and improvements resulting from consultation with Ross Barnes and Dick Threet; 315 -signature petition in support of project; reduction of project size from original application; dialogues with immediate project neighbors; proposed Anacortes Railway extension to project site. Mr. Gary Sturdy, project engineer, displayed drawings and reviewed: project access and road improvements; utility extensions; wetland buffer 1055 February 7, 1994 - continued delineation and proposed encroachments; biofiltration and bioinfiltration drainage systems; proposed landscaping. Mr. Loren Knutsen, 1917 22nd St., encourage approval of the project to make Anacortes a destination place. Mr. Stan Kurowski, Port Commissioner, 2205 14th St., discussed the port's position on retaining rail service into the community. Mr. Mike Harkee, 719$ 28th St., spoke in favor of the project. Ms. Betty Swanson, 2008 R Avenue, spoke in length of the need for RV facilities in Anacortes. Mr. Ross Barnes, 104 Harbor Lane, thanked the Stockwells for their willingness to negotiate on environmental issues and then spoke against the density of the project. Mr. Al Abramsen, 1510 Heather Drive, pointed out that this project is in development stages and encouraged approval. Mr. Don Dixon, 1619 8th St., spoke in favor of the project. On a question from Councilmember Robinette Mr. Jim Pemberton, Director of Engineering & Development Services, explained that design of all utilities and on-site improvements would have to meet staff approval. Mrs. Robinette asked to amend Condition #19 to read "The project shall be served by City water and sewer. The water and sewer systems and hookup fees shall be as required by the Director of Public Works." Mr. Barnes clarified his testimony given at the Planning Commission public hearings for Mrs. Robinette. Mr. Parrish asked if there were plans to pave the project site, questioned the maximum stay requirement, public amenities, and substance of the steam railroad extension proposal. Mr. Jackson asked for clarification on where cars will be parked and sufficient room for pull- throughs. On a question from Mr. Sizemore, Mr. Pemberton explained the engineering process to review road improvement design. Mr. Munce explained that the Landscaping Plan will be brought to the Planning Commission for final approval; all other design approval will be handled by staff. Mr. Rock inquired about transportation impact fee computations and Mr. Christiansen inquired about sewer hook-up fee computations. Mr. Brian Shortt, Port Executive Director, asked for the proponent to clarify public safety issues for the proposed railroad. There was no further testimony and the Mayor declared the Public Hearing closed. Mr. Parrish discussed the current unsightly condition of the Highway 20 entrance to the city, questioned the density of the proposed project and suggested that the project be redesigned. Mr. Christiansen clarified again the issues before Council, expressed concern over density; however, supported the project as presented. Mrs. Young said that the development of an RV park in this area is long overdue. Mr. Sizemore concurred and moved to approve the Contitional Use Application to locate an RV park in the HM zone, and to approve the wetland buffer encroachments as presented, both permits subject to the 27 conditions recommended by the Planning Commission. Mrs. Young seconded the motion. Mrs. Robinette moved to amend the motion by changing Conditiona #19 to read: "The project shall be serviced by City water and sewer, with the costs of the transmission lines being paid by the applicant. The water and sewer systems and hookup fees shall be as required by the Director pf Public Works." Mr. Parrish seconded the motion. Discussion followed. Mr. Rock pointed out that the project development standards and fees will all be based on City of Anacortes Ordinances. Vote on the amendment to the motion: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Vote on original motion: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Young. No - Parrish. Motion carried. Public Hearing - Fidalgo Marina Latecomers Agreement Mayor Maxwell opened the Public Hearing on an application for a latecomer agreement on the "V" Place improvements constructed in conjunction with the Fidalgo Bay Marina development. Mr. Vito Ruzich, a property owner affected by this agreement, has requested a public hearing on the application. Mr. Jim Pemberton, Director of Engineering & Development Services, reviewed the road and sewer improvement costs for the parcels affected by this agreement. Mr. Pemberton recommended to Council that the Latecomer Agreement be approved. He also pointed out that the improvements are in and that a latecomer agreement becomes effective to abutting property owners only if the improvements made are required upon development of the property in question. Mr. Vito Ruzich, 3319 West 3rd St., protested the Latecomer's Agreement. Discussion followed regarding commercial latecomer agreements and regarding the development of the marina. Mr. Jerry Hansen, 1244 218th Ave., NE, Redmond, Fidalgo Bay Marina, spoke in favor of the Agreement. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Parrish moved, seconded by Mr. Jackson, to approve the 1056 February 7, 1994 - continued Latecomer's Agreement. Vote: Ayes - Jackson, Parrish. No - Christiansen, Robinette, Rock, Young, Sizemore. Motion failed. Resolutions - Agreement with Fidalgo Marina to Manage 30th Street Public Access Float Mr. Ian Munce, Planning Director, presented an Agreement between the City of Anacortes and Fidalgo Marina Owners Association arranging for the management of the 30th Street Public Access Float. Mr. Jackson moved, seconded by Mr. Parrish, that Resolution No. 1298 authorizing the Mayor to execute the agreement be adopted. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Authorization to Bid Demolition of Whistle Lake Reservoir Valve and Control Structures Mr. Gordon Bruchner, City Engineer, requested authorization to bid the demolition of the two structures at Whistle Lake reservoir site. Mr. Jackson so moved, seconded by Mr. Parrish. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Police Department Request - 2 Officers Mayor Maxwell presented a request for two police officers based on revenue 1/10 of 1% county -wide sales tax. Mr. Rock moved, seconded by Mr. Parrish to approve the request for two police officers. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Reappointment to Forest and Park Boards Mayor Maxwell presented the following reappointments for Council approval: Mr. Doug Colglazier to the Parks & Recreation Advisory Commission; Mrs. Erica Pickett to the Forest Advisory Board and Ms. Margaret Studer to the Library Board of Trustees. Mr. Rock moved, seconded by Mr. Christiansen to approve the reappointments. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Acceptance of Grant with DCD for Fidalgo Bay Waterfront Revitalization - Resolution Mr. Ian Munce, Planning Director, presented a Resolution to Council that authorizes the implementation of a contract with the State Department of Community Development for the Fidalgo Bay Waterfront Revitalization project. The Resolution also specifically authorizes the Mayor to enter into a professional services contract with Mr. Mark Hinshaw in the amount.up to $14,000 for assistance with contract performance. The purpose of the DCD grant is to provide financial assistance to the City to rewrite the Heavy Manufacturing zoning regulations thereby stimulating further private sector investment and employment along the Anacortes Waterfront and to begin a comprehensive Waterfront Revitalization Program. Mr. Stan Kurowski, Port Commissioner, urged the Council to vote against the project citing the Port's goal of joining with the City to participate in an Economic Development summit and that any strides forward in revitalizing the City's unused waterfront property would be premature. Mr. Jerry Hansen, Fidalgo Bay Marina Partnership, urged to the Council to approve this project citing the City's lack of design standards in this zone and they supported this vital opportunity to provide considerable public access. Mr. Christiansen moved, seconded by Mr. Sizemore, that Resolution No. 1299 be adopted. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Utility Extension Application Mr. Jim Pemberton, Director of Engineering & Development Services, presented three requests to extend City of Anacortes waterlines: (1) from Mr. John Roberts to extend water on Morton Avenue from Sunset Avenue northerly to approximately Harrison Avenue. This proposed project would replace an existing 2" waterline. Mr. Pemberton recommended that the City participate in this project by providing materials with applicant providing engineering and construction; (2) from Mr. Harold Burkham and Mr. Dave Goddard to extend a 2: waterline on B Street easterly from Shannon Point Road in the First Ships Harbor Addition. Mr. Pemberton recommended approval of the request and asked for authority to negotiate with the applicant what pipeline size to be installed. The extent of future development in the area was not immediately known at the time. ; (3) from Mr. Dave Hammonds to extend City water, on Haddon road to service a proposed short plat. With regard to this third request, staff recommends that a 10" waterline extension be approved with the City paying for the oversizing. Mr. Parrish moved, seconded by Mr. Jackson, that the waterline extensions and staff recommendations be approved. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. 1057 February 7, 1994 - continued Street Waiver Requests Mr. Jim Pemberton, Director of Engineering & Development Services, presented two requests for waivers from the Street Improvement Ordinance: (1) from Mr. John Robinson to construct the extension of Morton Avenue to the same standards as presently exist; (2) from Mr. Harold Burkham and Mr. Dave Goddard to develop a 20' wide gravel road east from Shannon Point Road approximately 156'. Mr. Pemberton recommended that the waivers be granted but that both streets be constructed 28' in width, paved with asphalt concrete pavement including appropriate drainage facilities and an 80' diameter gravel cul-de-sac. Mr. Jackson moved, seconded by Mr. Rock, that the waivers be granted subject to staff recommendations. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Water Service Request - Outside City Limits - Kanarr Mr. Jim Pemberton, Director of Engineering & Development Services, presented a request from Mr. Kenneth Kanarr for authorization for a single residential water service on 3.8 acres just outside the City limits north of Sharp's Corner. Mr. Parrish moved, seconded by Mr. Sizemore, to grant the Kanarrs a single water service for their 3.8 acres. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. At approximately 10:55 p.m., Mayor Maxwell announced that the meeting would be continued to Monday, February 14, 1994 at 7:30 p.m. to conduct a Public Hearing on Zoning and Subdivision Ordinance issues. Continued Meeting of February 7 held on February 14, 1994 Roll call found present: Mayor Dean Maxwell, William Jackson, Bud Rock, Rosemary Young, Ted Parrish, Jeanne Robinette, and Terry Christiansen. Mayor Maxwell opened a public hearing to consider amendments to both the City Zoning and City Subdivision Ordinances. These amendments had been formally considered at public hearings held by the Planning Commission and were being recommended to the City Council by the Planning Commission and Planning Director for adoption. The Planning Director explained the context of the proposed amendment relative to the Growth Management Act mandates. He then began a page by page review of the City Subdivision Ordinance. Public comments were received during this review. The proceedings are on tape and filed at City Hall. Of particular note, was Subdivision Ordinance Amendments Exhibit #1 submitted by Mr. Steven Johnson, President of Johnson Nursing Homes. Exhibit #1 is a February 10, 1994 letter from Mr. Johnson asking for his total 80 -unit assisted living facility to be grandfathered into any revised Subdivision Ordinance. At approximately 9:30 p.m. there was no further public comment and the public hearing on the Subdivision Ordinance was closed. The Planning Director then began a page by page review of the City Zoning Ordinance. Again, the proceedings are on tape and filed at City Hall. Of particular note, was Zoning Ordinance Amendments Exhibit X61 submitted by Mr. Barton Evans regarding duplex construction standards. At approximately 10:30 p.m., the Mayor continued the public hearing until 7:00 p.m. on February 28th. February 22, 1994 Mayor Maxwell called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Ted Parrish, Ray Sizemore, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Rosemary Young, Bill Jackson. Minutes of Previous Meeting With the following corrections, Mr. Parrish moved, seconded by Mr. Sizemore, that the minutes of February 7, 1994 be approved as if read: Page 4, paragraph 1, 3rd sentence: "The project shall be served by City water and sewer, with the costs of the transmission lines being paid by the applicant. The water and sewer systems and hookup fees shall be as required by the Director of Public Works."; page 5, Street Waiver Requests, "Mr. Pemberton recommended that the waivers be granted but that both streets be constructed February 22, 1994 - continued 28' in width, paved with asphalt concrete pavement including appropriate drainage facilities and an 80' diameter gravel cul-de-sac." Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings No members of the audience wished to testify on matters not on the agenda. Correspondence There was no correspondence. Continued Public Hearing - Street Vacation - West 3rd Street - Knutson Mr. Jim Pemberton, Director of Engineering & Development Services, began the continued public hearing with an overhead display showing the proposed vacation of 10' of West 3rd Street abutting Block 1505, Northern Pacific Addition to Anacortes. The applicant is proposing to convey to the City the westerly 20' of Blocks 1505 and 1506 in exchange for the vacated 3rd Street right-of-way. Mr. Pemberton ponted out that the Anacopper Mine roadway encroaches into portions of Block 1505 and 1506. The Board of Adjustment and staff recommend approval of this vacation and property exchange. There were no comments from the audience and the Mayor closed the public hearing. Mr. Pemberton and Councilmembers discussed the City's plans for the acquisition of property for a 60' dedicated Anacopper Mine Road right-of- way. Mr. Parrish moved, seconded by Mr. Sizemore to approve the vacation petition and property exchange. mr. Christiansen moved, seconded by Mr. Rock to amend the motion to add the condition that the front yard setback be 30 feet from the new property line. Vote on amendment: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore. Motion carried. Vote on motion: Ayes - Robinette, Rock, Parrish, Sizemore, Christiansen. Motion carried. Voucher Approval 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 9, 1994 are now approved for payment by the City Council as of this date, February 22, 1994. Council vote is unanimous. Claims Vouchers: February, 1994 - Warrant Numbers 36446 through 36586 in the total amount of $187,683.79 Draw Payroll: Warrant Numbers 32604 through 32736 in the total amount of $64,124.00 BAN Interest Bids Mr. George Khtaian, Finance Director, presented the six prospective BAN bids on the $450,000 Bond Anticipation Note, Bond Ordinance No. 2313, dated February 7, 1994. The low interest rate bid of 3.00% was received from Skagit State Bank. Mr. Christiansen moved, seconded by Mr. Rock, to accept the Skagit State Bank bid of 3.00%. Vote: Ayes - Parrish, Sizemore, Christiansen, Robinette, Rock. Motion carried. Memorandum of Agreement with Skagit County Community Action Agency Mr. Ian Munce, Planning Director, presented a Resolution to Council that would authorize the execution of an Agreement between the City of Anacortes and the Skagit County Community Action Agency for the provision of certain services to low income and elderly residents of Anacortes. The total budgeted contract amount is $5,583.00. Mr. Rock moved, seconded by Mr. Parrish, that the Resolution be adopted and given Resolution No. 1300. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Parrish. Motion carried. Clarifying Contract Authority Mayor Maxwell read a Resolution that would establish and clarify reqponsibilities of the Mayor and Council regarding City contracts. Mr. Rock moved, seconded by Mrs. Robinette that the Resolution be adopted and given Resolution No. 1301. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore. Motion carried. Utility Extension Application Mr. Jim Pemberton, Director of Engineering & Development Services presented a request from Mr. Bill Wooding to extend City water south on Havekost Road approximately 760' south and west of the City limits. The extension would service a 3 -lot Skagit County short plat. Mr. Pemberton recommends approval of the construction of a 12" waterline on Havekost Road for a 3 -lot maximum short plat; if the developer's needs are for less that a 12' pipeline, Mr. Pemberton is further recommending that the City pay for the oversizing. 12" 1059 February 22, 1994 - continued line is consistent with the current Water Department planning. Mr. Pemberton reported that the Water Advisory Board concurs with staff recommendations. A mitigated Declaration of Non -Significance was issued restricting Lots 1 and 2 to a single service each and Lot 3 of the short plat to no more than 2 single service connections. Mrs. Margaret Yeoman, 1620 11th St., Water Advisory Board member, expressed the Board's concern that Lot 3 of the short plat could be further divided in the future. Mr. Ian munce, Planning Director, clarified that the SEPA review was donducted independently from the Water Advisory Board. Mr. Bill Wooding, 251 Rosario Road, discussed his development plans. Mrs. Robinette opposed approval of the waterline extension. Mr. Pemberton clarified that his recommendation is for three services; if the applicant chose to further divide Lot 3 he could come back to the Council for consideration of additional water service. Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the water extension as approved by staff and the Water Advisory Board. Vote: Ayes - Rock, Parrish, Sizemore, Christiansen. No - Robinette. Motion carried. Mr. Pemberton presented the second utility extension request: Mr. Mat Menenberg has asked permission to extend a new 6" ductile iron pipeline easterly from Commercial Avenue to his furthermost property line of the east 5' of Lot 13 and all of Lots 14 through 17 or Block 8, Beales Maple Grove Addition to Anacortes (north side of 34th Street mid -way between Commercial Avenue and Q Avenue). Mr. Menenberg will remodel the existing house into a triplex and will build apartments on the reamining vacant land within the next couple of years. The development will be conducted in two phases. Councilmembers and staff discussed the future development and current activity on 34th Street. Mr. Mat Menenberg, 787 Old Samish Road, Bellingham, discussed his development plans. Mrs. Robinette moved, seconded by Mr. Parrish, that the utility extension be approved. Vote: Ayes - Rock, Parrish, Sizemore, Christiansen, Robinette. Motion carried. Street Waiver Mr. Jim Pemberton, Director of Engineering & Development Services, presented a request from Mr. Mat Menenberg, for a waiver from the Street Improvement Ordinance. Mr. Menenberg has requested that compliance with that Ordinance be delayed until he submits an application for an apartment complex he intends to construct on his property, the east 5' of Lot 13 and all of Lots 14 through 17, Block 8, Beales Maple Grove Addition to Anacortes. Mr. Pemberton recommends that full street improvements be required with the development of the apartment units, and that a 2 -year Promise to Perform document be executed. Mr. Parrish moved, seconded by Mr. Sizemore, to approve staff recommendations and that parking for the triplex project be -in . the all Py: to the,. north. Vara.':: -Ayes -Parrish, Sizemore, Christiansen, Robinette, Rock. Motion.Carried: Mr. Pemberton presented the second waiver request: Mr. and Mrs. Rich Davis have requested a modification of the Street Improvement Standards for the development of 28th Street between "A" Avenue and "B" Avenue in the Anacortes Original Addition. THe Davis' will develop four building sites in Block 260 and have asked permission to construct a 28' wide asphalt concrete street with open drainage terminating in an 80' diameter cul-de- sac. Staff recommends that the waiver be granted as requested. Mr. Parrish so moved, seconded by Mr. Sizemore. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Parrish. Motion carried. Appointments to Parks & Recreation Advisory Commission Mayor Maxwell recommended the appointments of Mr. Phil Burton and Ms. Bela Berghuys to the Parks & Recreation Advisory Commission. Mr. Rock moved, seconded by Mr. Sizemore to approve the appointments. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore. Motion carried. At approximately 8:45 p.m., Mayor Maxwell announced that the Council would convene in Executive Session to discuss possible litigation. At approximately 9:15 p.m., the Council reconvened and without taking any further action, continued the meeting to 7:00 p.m., February 28, 1994 to conduct a continued public hearing on revisions to the Zoning Ordinance. Continued Meeting of February 22, 1994 held on February 28, 1994 Roll call found present: Mayor Maxwell, Bill Jackson, Bud Rock, Rosemary Young, Ted Parrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore. Continued Meeting of February 22, 1994 held on February 28, 1994 - continued 1060 The Council initially reviewed a series of Study Session items before turning to action items. After discussion, the Council adopted Ordinance No. 2314, entitled "An Ordinance Vacating a Portion of West 3rd Street Adjacent to Block 1505 of the Northern Pacific Addition to the City of Anacortes." This action was taken on a motion by Mr. Christiansen, seconded by Mr. Sizemore, and passed unanimously. The Mayor then opened a continued public hearing on Zoning Ordinance amendments proposed by the Planning Commission. The Planning Director continued his page by page review of the Zoning Ordinance. No action was taken. At approximately 10:00 p.m. the Mayor continued the public hearing to March 14 at 7:30 p.m. in the Municipal Building Council Chambers. The meeting adjourned at 10:05 p.m. i Ge e K 7aiaan, Iftly'' lerk-Treasurer March 7, 1994 H. Dean Maxwell, Mayor Mayor Maxwell called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Minutes of Previous Meeting Mrs. Robinette recommended the following corrections to the February 22, 1994 minutes: Page 2, 5th paragraph - "Mr. Pemberton clarified that his recommendation is for three services..."; and page 3, paragraph 1 "Mr. Parrish moved, seconded by Mr. Sizemore, to approve staff recommendations and that parking for the triplex project be in the alley to the north." Mr. Christiansen moved to approve the minutes and corrections subject to a review of the February 22, 1994 meeting tape. Mr. Parrish seconded the motion. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings Ms. Diane Erholm, 3811 37th Drive, approached the Mayor and Council and said, "I have a question for the Mayor and the Council. As you are no doubt aware, there are a lot of rumors going around town about the Police Department. It has come to my knowledge, notice, now a rumor only, that the reserve officers are now being paid and it seems to me, Mayor Maxwell, you were a reserve officer once and you served just as a civic duty, and I'm concerned as a citizen we've just hired new policemen, we're paying them, what if we have a problem next fall like that fire we had last year. Where's the money going to come from in the budget? I'd appreciate an answer." Both Mayor Maxwell and Acting Chief of Police, Pat Beatie, explained that this situation had occurred only 4-5 times during the month of January. Acting Chief Beatie further explained that situations have occurred in the City where reserve officers have to called on to act as full-time police officers in order to keeep the staffing level at a minimal acceptable level. The department is still short on staff and recently hired officers are still in training. Mayor Maxwell pointed out that the amount paid is very small. Correspondence There was no correspondence. Award - Finance Department Mayor Maxwell announced that the City of Anacortes has received an award entitled "Certificate of Achievement for Excellence in Financial Reporting". The award states, "The Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association (GFOA) of the United States and Canada to government units whose comprehensive annual financial reports achieve the highest standards in government accounting and 1061 March 7, 1994 - continued financial reporting." The GFOA is a non-profit professional association serving 12,625 Government finance professionals with offices in Chicago, Illinois and Washington DC. And with that the Mayor presented this award to Mr. George Khtaian, Finance Director. The Mayor then presented the second award, "Award of Financial Reporting Achievement" to Mrs. Jenifer Troxel, Assistant Finance Director. Mayor maxwell explained that when a Certificate of Achievement is awarded to a government an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned this Certificate. The Mayor then introduced Mr. Jerry Mclnturff, Skagit County Auditor. Mr. Mclnturff relfected on his 15 -year positive professional relationship with the Finance Director. He then congratulated Mr. Khtaian for this award saying, "George, as indicated by your recognition tonight, you've come full circle. The information that's provided in your report will be useful to the citizens, the media, and probably most impartantly to investors in the City of Anacortes. George, I want to congratulate you and your staff." Mr. Khtaian then came forward and thanked Mr. Mclnturff for his assistance in setting the foundation for many internal controls in the City's Finance Department. Mr. Khtaian clarified the significance this award will have for the City in the financial marketplace. He then introduced Mr. Jerry Knutsen, Comptroller, and thanked Mr. Knutsen and the entire Finance Department staff for its teamwork and dedication. Consideration of Bid to Demolish Old Valve Vault Structures Mr. Gordon Bruchner, City Engineer, stepped forward to review his March 2, 1994 memorandum listing the bids received for the Whistle Lake Valve Vault Demolition. Mr. Bruchner pointed out that all engineering work and bidding procedures were performed by City staff, and all contract administration and inspection will also be completed by staff, thereby substantially reducing costs. Mrs. Robinette thanked the Engineering Department for a job well done. Mr. Jackson moved, seconded by Mrs. Robinette, to award the project to Wedco Construction, Bellingham, in the low bid amount of $9,300.00. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Police Building Renovation, Seismic Report Mr. Gordon Bruchner, City Engineer, introduced Mr. Kris Hamilton of Geiger Engineers and Mr. Marc Estvold, Architect. Mr. Hamilton reported the results of a structural evaluation of the Public Safety Building for the proposed building remodel. The Council members received copies of the detailed, February 21, 1994 Geiger Engineers report. In an abbreviated summary, Mr. Hamilton pointed out that the building is robust and strong structurally but the roof diaphragm is not the desired strength. Mr. Hamilton pointed out that liquefaction soils tests done for the Chevron station and adjacent Fire Hall could probably apply to this site as well. Discussion followed with Mr. Estvold regarding the roof and expense of X- ray tests. Mrs. Robinette asked the Architect if, with this current information, the project could be completed at budgeted amount. Mr. Estvold said he would take this report and prepare cost estimates to bring to Council. Proclamation - American Red Cross Month Mayor Maxwell read a Proclamation proclaiming the month of March as American Red Cross Month and urged all citizens, officials, businessmen and others to recognize and support the efforts of the American Red Cross volunteers for the contributions they make in providing services to Skagit County. Voucher Approval 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 23, 1994, March 2, 1994 are now approved for payment by the City Council as of this date, March 7, 1994. Council vote is unanimous. Claims Vouchers: March, 1994 - Warrant Numbers 36596 through 36730 in the total amount of $117,446.86 Payroll: February, 1994 - Warrant Numbers 32737 through 32955 in the total amount of $363,065.56 Benefit Payroll: February, 1994 - Warrant Numbers 36588 through 36593 in the total amount of $124,217.13 March 7, 1994 - continued Cancellation of Outstanding Warrant In accordance with the City's Warrant Cancellation Policy Mr. Parrish moved, seconded by Mr. Sizemore, to cancel Warrant No. 333225 in the amount of $26.50. Vote: Ayes - Robinette, Rock, Parrish, Sizemore, Jackson, Christiansen. Abstain: Young. Motion carried. Public Hearing - Conditional Use - Shannon Point Marine Center Dormitories Mayor Maxwell opened the Public Hearing to review and take comments on a Conditional Use Application submitted by Western Washington University to add a new dormitory to replace the existing facilities at the Shannon Point Marine Center at 1900 Shannon Point Road. Mr. Ian Munce, Planning Director, provided an overhead display of the project area. Mr. Munce pointed out the gravel access road to the Marine Lab. When the Lab was built many years ago there were very few homes along that access road. The neighborhood has grown and the traffic to and from the lab has created a dust problem. After the public hearing on this matter, the Planning Commission has recommended approval of the Conditional Use subject to seven conditions, including a Condition #7 whereby Western Washington University (WWU) agrees to actively pursue funding from the Washington State Legislature to pave the existing Shannon Point road to the City's minimum standards. Dr. Stephen Sulkin, Director, Shannon Point Marine Center, 3605 Illinois, Bellingham, said that the Center, a facility of WWU is dedicated to providing education, training and research in a safe, wholesome living and working environment for students. The trailers now used as domitories were installed several years ago as a temporary measure only. Funds are now available to construct a permanent structure. Councilmembers Parrish and Young reported on the neighbors concerns about the dusty road. Dr. Sulkin answered questions from Council on funding, student enrollment, and dormitory capacity. Planning Director Munce introduced a February 28, 1994 letter from Mr. Loren Knutsen expressing strong support for road improvements; Mr. Munce also reported on one neighbor's willingness to head a campaign to the legislature to support the WWU request for funds to pave Shannon Point Road. Mr. Harold Burkum, 2501 Shannon Point Road, spoke in favor of the project. Ms. Beverly Benedict, 2414 16th St., urged Council to secure more of a commitment from WWU for road improvement funds. Mr. Christiansen asked for more detailed information regarding total acreage, shoreline access, and functions of the marine center. Dr. Sulkin emphasized that the center engages in research that contributes to the base of information regarding the nature of our marine environment; the center will provide outreach to the local school district and is providing a university presence in the community in a productive way. Mr. Munce pointed out that WWU will be preparing a master plan for their campus facilities and has committed to working with the Planning Commission and City staff as they prepare that long-range plan. Mr. Sizemore asked about funding and work schedule. Ms. Sherri White, WWU Facilities & Master Planning, answered those questions. There were no further comments and the Mayor declared the public hearing closed. After discussion, Mr. Parrish moved to approve the conditional use application and the Findings of Fact and Conclusions of Law, as recommended by the Planning Commission. Motion was seconded by Mr. Jackson. Mr. Christiansen noted that anyone else trying to develop the. Shannon Point area would be required to improve access and utilities. Mr. Sizemore asked Dr. Sulkin that WWU keep the Planning Director apprised of funding request progress. Dr. Sulkin agreed to do so. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Robinette. No - Christiansen. Motion carried. Public Hearing - Ferry Terminal Parking Lot Conditional Use Permit Condition Change/Summer Shuttle Bus Service: Downtown to Ferry Lot Mayor Maxwell announced that these items were removed from the agenda as action items. With regard to these matters, Mr. Ian Munce, Planning Director, reported to Council that in order to provide the desired level of service for summer ferry parking, fees would have to be $5.00/day at the State ferry lot, together with free parking downtown, twice an hour service on newer equipment for 20 hours/day. There were still many unanswered questions regarding services and fees and it was decided that this matter will be postponed until next summer with a proposal to be presented to Council in December, 1994. The State Ferry System will conduct a marketing survey on the ferries this summer to gather customer input. Mr. Munce further described the ferry terminal parking planning process. Mr. John Spaulding, Ferry Advisory Committee, confirmed the decision to postpone this matter. Ruzich Property Issue Mr. Ian Munce, Planning Director, presented a legal description issue regarding urban renewal property at 30th St. and "T" Avenue purchased by Mr. Vito Ruzich. The legal description for Parcel"A" did not include a 27.16 feet 1063 March 7, 1994 - continued of upland property. Mr. Ruzich is requesting that this 1,365.33 square foot parcel be transferred to him at no cost. Council and staff discussed various solutions. Mr. Vito Ruzich approached Council and reviewed the history of the purchase of this property. After further discussion Council authorized the sale of 7' of the upland property to Mr. Ruzich. At approximately 9:50 p.m., Mayor Maxwell announced that this meeting would be continued to 7:30 p.m., Monday, March 14, 1994 to conduct a continued public hearing on revisions to the Zoning Ordinance. Continued Meeting of March 7, 1994 held on March 14, 1994 At 7:30 p.m., Mayor Maxwell called the continued March 7th meeting to order. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Mayor Maxwell announced that the purpose of this meeting was to conduct a continued public hearing on various Zoning Ordinance amendments. The public hearing was taped and the tapes are filed at City Hall. At approximately 10:00 p.m., the Mayor declared the public hearing closed. The continued meeting of March 7, 1994 was adjourned. i��.►. /4 • /4 ,C�r ge K taian, Cit Clerk -Treasurer H. Dean Maxwell,/11ayor March 21, 1994 Mayor Maxwell called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mrs. Young, that the minutes of March 7, 1994 and March 14, 1994 be approved as if read. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings Mr. John Olsen, 1710 24th Court, approached the Council and expressed his ongoing concern over the franchise renewal negotiations between TCI Cablevision and the City. Mr. Olsen suggested an audit of TCI, suggested additional representatives on the negotiating team and suggested additional benefits to ratepayers. Mr. Steve Mansfield, City Attorney, reviewed the negotiation process. If TCI submits a response to the City's proposal, public hearings can then be scheduled. Correspondence Mayor Maxwell read a copy of a March 14, 1994 memorandum from Dr. Steve Sulkin, Director, Shannon Point Marine Center to Dr. Larry DeLorne, Provost, Western Washington University. The memo is a recap of the March 7, 1994 Public Hearing whereby the City of Anacortes granted a permit to WWU to construct a new dormitory at the Shannon Point Marine Center. The memo states, in part, "I assured the Council that it is my intention to pursue the funding for Shanon Point Road as vigorously as possible and that the issue of public access will certainly be dealt with in our master planning process." Consultant Service Agreement - L.I.D. 201 Mr. Jim Pemberton, Director of Engineering & Development Services, presented a request to Council for permission to enter into a contract for consultant services with Leonard Boudinot & Skodje, for the Campbell Lake Waterline Extension design work, L.I.D. 201. Mr. Pemberton pointed out that the 1®64 March 21, 1994 - continued engineering costs, in an amount not to exceed $8,000, will be charged against the L.I.D. On a question from Mrs. Robinette, Mr. Pemberton explained that consultant selection process. Mr. Jackson moved, seconded by Mr. Christiansen, to approve the request as presented by staff. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Subdivision and Zoning Ordinance Amendments Mr. Ian Munce, Planning Director, reviewed the community and staff efforts, including workshops and public hearings, held over the last year to update the Zoning and Subdivision Ordinances. Mr. Munce pointed out that, under the Growth Management Act, comprehensive plans can be reviewed and amended annually and these reviews should be conducted in conjunction with annual zoning and subdivision ordinance review/ amendments. All amendments are to be submitted to State agencies for a 60 -day review/comment period. Mr. Munce recommended approval of the Zoning and Subdivision Ordinance with submittal to the State. At the end of that 60 -day review, the Ordinances will be returned to the City for final adjustments. Mr. Munce further recommended that the City Council use this waiting period to finalize issues regarding adult family homes, condominiums and apartments in the Heavy Manufacturing Zone, stormwater regulation review and duplex construction standards. In the 1995 annual review the Council could then address accessory dwelling units, prohibition of duplexes in RL Zone and lot coverage in Commercial, Commercial Marine and Light Manufacturing zones. Mr. Munce then reviewed the definition of building height in relationship to existing grade. Mr. Munce discussed the most recent changes discussed: proposing a 30' sign setback from the curb in the Industrial Park/Heavy Manufacturing Zone, and securing agreements from property owners on an existing unpaved street that they will not oppose an L.I.D. for street and utility improvements. Councilmembers discussed the recent revisions and requested that decision be delayed until the April 4th meeting so that further review and study could be conducted. Urban Renewal Land Sale to Ruzich Mr. Ian Munce, Planning Director, presented a Resolution and Lease Amendment to Council that would formalize action previously taken by Council to approve the purchase of a 9' x 50' parcel of property that was leased to the Ruzichs' and to add this parcel to the adjacent parcel that they own to the west. The property is generally located at 30th Street and the waterfront. Mr. Jackson moved, seconded by Mr. Parrish, that Resolution No. 1302 entitled "Amending the City's Lease with Mr. and Mrs. Vitomir Ruzich and Selling a Small Portion of the Leased Area to Mr. and Mrs. Ruzich," be adopted. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Proclamation - American Diabetes Alert, 1994 Mayor Maxwell read a Proclamation proclaiming the March 22, 1994 as American Diabetes Alert in the City of Anacortes and that citizens be called on to support research to end diabetes and improve the lives of all those who have this disease. Voucher Approval 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 9, 1994, and March 16, 1994 are now approved for payment by the City Council as of this date, March 21, 1994. Council vote is unanimous. Claims Vouchers: Mar., 1994 - Warrant Numbers 36735 through 36878 in the total amount of $317,369.89 Draw Payroll: Mar., 1994 - Warrant Numbers 32956 through 33087 in the total amount of $63,824.00 Cancellation of Lost Warrant In accordance with the City's Warrant Cancellation Policy, Mr. Parrish moved, seconded by Mr. Jackson, to cancel Warrant No. 36366 in the amount of $28.00. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Employee Job Descriptions Mayor Maxwell presented a Resolution and packet containing job descriptions for all Department Heads. A lengthy discussion followed regarding the necessity for uniformity of job description format. At the end of the discussion, * Mr. Sizemore moved, seconded by Mr. Christiansen, that the Job 1.065 March 21, 1994 - continued Description for the Police Chief be approved with the following changes: ESSENTIAL JOB FUNCTIONS: 4) Directly supervise and be responsible for the efficient and effective performance of all staff in the department; 11) Review all complaints against police personnel and assure that these are dealt with in a timely, proper, and fair manner, and that the remaining Department Head Job Descriptions be standardized and the Resolution and descriptions be brought back before Council for approval. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Utility Extension Application - 16th Street Mr. Jim Pemberton, Director of Engineering & Development Services, presented a request to extend water and sewer lines in the vicinity of 16th Street and "J" Avenue. The proposal is to extend a 6" waterline on 16th Street from "J" Avenue to "K" Avenue and the sewer will be extended in the alley between 16th and 17th Streets west of "K" Avenue to provide service to several duplex building sites. Mr. Pemberton recommends approval of the extensions and further requests authorization to replace a section of waterline on 16th Street to complete a looped system from "J" Avenue to "K" Avenue. On a suggestion from Mr. Christiansen, Mr. Pemberton revised his recommendation to install an 8" line with Council approval for the oversizing. Mr. Jackson moved, seconded by Mr. Rock, to approve the extension requests as amended and to approve the staff request to replace a section of waterline on 16th Street. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Street Waiver - West 3rd Street Mr. Jim Pemberton, Director of Engineering & Development Services, presented a request and supporting letter for a waiver from the Street Improvement Orldinance for the construction of a single family home between Hartford and Georgia fronting on West 3rd Street. To require the applicant to provide curb, gutter, and sidewalk would be excessive because of existing topography and because abutting property owners would not participate. Discussion followed regarding the parking conditions as a result of the waiver. Mr. Pemberton reported that inquiries have been made of property owners in this area regarding street improvements. Mr. Pemberton said that the results of these inquiries and a discussion of a wide -area comprehensive Local Improvement District will be brought back before Council in a Study Session. After discussion, Mr. Parrish moved, seconded by Mr. Sizemore, that the waiver to the Street Improvement Ordinance be granted with the proviso that applicant work with staff to provide parking on a level, gravel shoulder. Vote: Ayes - Sizemore, Robinette, Rock, Parrish. No - Jackson, Christiansen, Young. Motion carried. Approval to Bid: Washington Park Improvement Project Mr. Gary Robinson, Director of Parks & Recreation, presented a request to Council to call for bids for the site and ramp work portions of the Washington Park improvement project. This part of the overall project includes the ramp, float and upland road improvements. Mr. Sizemore moved, seconded by Mrs. Young, to authorize staff to call for bids. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Resolution - Setting Public Hearing Date Mr. Rock moved, seconded by Mr. Jackson, that Resolution No. 1303 setting April 18, 1994 as the Public Hearing date on a Petition to Vacate the alley in Block 127, Map of the City of Anacortes, be adopted. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Executive Session At approximately 9:30 p.m., Mayor Maxwell convene in Executive Session to discuss negotiations. At approximately 10:15 the taking any further action, the meeting was /ge aian, Ci y rk-Tr Cleeasurer announced that the Council would potential litigation and labor Council reconvened and without adjourned. --v ZI�Z4' H. Dean Maxwell, ayor April 4, 1994 Mayor Maxwell called the meeting of April 4, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Rosemary Young. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Sizemore, that the minutes of March 21, 1994 be approved as if read. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Award of Recognition - Doyle E. Geer Mayor Maxwell presented a plaque of appreciation to former Mayor, Doyle E. Geer, for his contributions to the community. With regard to serving as Mayor, Mr. Geer said "...serving as Mayor was quite possibly the best job one could ever hope to have." Citizen Hearings Mr. Stan Patrovsky, 2716 Oakes Avenue, asked for a TCI Cablevision franchise negotiation update. Mr. Steve Mansfield, City Attorney, reported that he will review the recently submitted TCI response to the City's proposal and will report back to Council. Mr. Mansfield said than an agreement could be brought before the public soon. Mrs. Marilyn Votaw, 2611 Shannon Point Road, a 7 -year resident of the Shannon Point Road area, listed several neighborhood complaints and circumstances that have caused severe problems for the citizens in that area. The complaints focused on the dust problem, speding cars, undisciplined children and dogs on the loose. Mrs. Votaw asked for the Council to take action to remedy these problems. The Mayor thanked Mrs. Votaw for bringing these matters to the Council's attention and discussed the possibilities of increased enforcement in this area. Mr. Stan Kurowski, 2208 14th Street, the Port's representative on the Waterfront Revitalization Committee, questioned the accuracy of the March 21, 1994 minutes, specifically with regard to the references to Zoning Code Amendments to the Heavy Manufacturing Zones. Mr. Ian Munce, Planning Director, confirmed that the minutes were accurate. Correspondence There was no correspondence. Resolution - Employee Job Descriptions Mayor Maxwell presented a Resolution to Council that would approve the updated Department Head job descriptions. Mrs. Robinette, in an effort to clarify a sentence in the "Level of Authority" section of the job descriptions, asked if "Implements policies and programs with activities reviewed by the Mayor for adequacy of professional judgment, compliance with policies, and achievement of results consistent with objectives "within budget" meant within the "Council -approved budget". Mayor Maxwell confirmed that it did. With that, Mr. Rock moved, seconded by Mr. Sizemore, that a Resolution entitled "Employee Job Descriptions: Approvals and Approval Process" be adopted and given Resolution No. 1304. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Sizemore. Motion carried. Subdivision and Zoning Ordinances Mr. Ian Munce, Planning Director, presented the Subdivision and Zoning Ordinances in final form. Mr. Munce pointed out that over the last two weeks staff and individual Council members have conducted a final review of what has been an 18 -month series of public hearings and workshops held to update both the Subdivision and Zoning Ordinances. Council approval of these Ordinances would begin a State agency 60 -day review period. The Growth Management Act requires that state agencies comply with local plans after this opportunity for review and comment. Subdivision Ordinance. Mr. Munce pointed out that proposed revisions to the street sign and road standard sections of the Subdivision Ordinance had been incorporated. The outstanding issue was with regard to park land requirements. Mr. Christiansen asked for an evaluation of how much park land the City of Anacortes intends to acquire/maintain. He then clarified his objections to the current language to require 10% open space and suggested alternatives to this approach including the imposition of an impact fee. Mr. Jackson moved, seconded by Mrs. Robinette, that the Subdivision Ordinance #2315 be adopted as amended and that staff be directed to investigate the development of a Park Lands Impact Fee Ordinance. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore, Jackson. Motion carried. 1067 April 4, 1994 - continued Zoning Ordinance. Mr. Munce then listed the potential Zoning Code Amendments for Council review during the State's 60 -day comment period: (1) adult family home language, (2) condominiums and apartments in the Heavy Manufacturing zone, (3) stormwater plan and regulations, and (4) construction standards for duplexes. The 1995 Zoning Code amendments for Council review over the next year are: (1) accessory dwelling units, (2) to prohibit applications for duplexes in the RL zone, (3) lot coverage in the Commercial, Commercial Marine and Light and Heavy Manufacturing zones, (4) review of multi -family in Commercial, Commercial Marine, and Light Manufacturing zones, (5) Heavy Manufacturing zone review, (6) review of conditional use criteria, (7) setbacks in Public Use zone, (8) impact fee/parkland requirement. Mr. Christiansen raised the issues of Bed & Breakfasts in Commercial and Central Business Districts; definition of rural development; accessory structures, and livestock in the Rural zone. Discussion with the Planning Director followed. Council agreed to leave the "rural development" language as presented, and to strike Bed and Breakfasts from the Conditional Use sections in the Commercial and Central Business District Zones and add Bed & Breakfasts to the Permitted Use sections in those same two zones. Mrs. Robinette clarified that the State is on notice that the City will review condominiums in the HM zone during the 60 -day State comment period. Mr. Parrish moved, seconded by Mr. Christiansen, that the Zoning Ordinance #2316 be adopted with the amendments agreed to. Vote: Ayes - Robinette, Rock, Parrish, Sizemore, Jackson, Christiansen. Motion carried. Option Extension Request: Development Ventures Mr. Ian Munce, Planning Director, presented a proposal to restructure the Purchase Agreement between Development Ventures, Inc. and the City of Anacortes for 3 acres of waterfront property now leased at $3,000/month with an option to purchase at $3.00/square foot. The current Purchase Agreement will expire in mid-April and Development Ventures has proposed a one-year Agreement incorporating the $3.00/square foot term together with a $20,000 cash payment to the City. Mr. Jackson commented on the City's excellent relationship between the City and Development Ventures as an Industrial Park tenant. However, based on fiscal impact to the City Mr. Jackson moved to offer a counter -proposal for up to one year, to wit: option to purchase at $5.00/square foot with $3,000/month. Mr. Christiansen seconded the motion. Discussion followed. Mr. Rock moved to amend the motion to change the one-year consideration to $5.00/square foot together with a $20,000 cash payment to the City. Mrs. Robinette seconded the motion. Vote on amendment: Ayes - Rock, Parrish, Sizemore, Christiansen, Robinette. No - Jackson. Motion carried. Vote on amended main motion: Ayes - Robinette, Rock. No - Parrish, Sizemore, Jackson, Christiansen. Motion failed. Mr. Parrish then moved to change the one-year option to $4.00/square foot together with $20,000 up -front cash payment to the City. Mrs. Robinette seconded the motion. Vote: Ayes - Christiansen, Robinette, Parrish. No - Jackson, Rock, Sizemore. Mayor Maxwell cast an affirmative vote. Motion carried. Amendment to Tideland Lease with DNR Mr. Ian Munce, Planning Director, reported that the City currently leases 42 acres of tidelands from the Department of Natural Resources. The proposed lease amendment before Council would reduce the leased acreage to 28 acres, representing a reduction of the 14 acres in front of the Plywood Mill. Mr. Munce clarified that this 14 acre tideland area has limited potential for any development. This amendment would reduce the City's lease payment from $54,000 to $36,000/year. After questions regarding total leased area and lease rates, Mr. Jackson moved, seconded by Mr. Parrish, to approve the Tideland Lease amendment with the Department of Natural Resources. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore, Jackson. Motion carried. Voucher Approval The following following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsquently reviewed and approved by the Council Finance Committee on March 23, 1994, and March 30, 1994 are now approved for payment by the City Council as of this date, April 4, 1994. Council vote is unanimous. Claims Vouchers: April, 1994 - Wattant Numbers 36888 through 37035 in the total amount of $149,024.43. Resolution - Setting Public Hearing Date - Alley Vacation - Knorr Mr. Jackson moved, seconded by Mr. Sizemore, to adopt Resolution No. 1305 setting May 2, 1994 as the Public Hearing on a Petition to vacate the alley April 4, 1994 - continued in Block 192, City of Anacortes. Vote: Ayes - Rock, Parrish,_ Sizemore, Jackson, Christiansen, Robinette. Motion carried. Ordinance - Solid Waste Rates - Curbside Yardwaste Program Mr. Dave Ford, Director of Public Works, presented an Ordinance to Council, previously reviewed in Study Session, that set rates for collection of refuse and yard waste. Mr. Ford pointed out that the Ordinance includes a more comprehensive explanation of extra pickups and yard waste service. Discussion followed regarding compost bins as an alternative to yard waste pick-up. Mr. Parrish moved, seconded by Mr. Sizemore, that an Ordinance entitled "An Ordinance Setting Fees for Pickup of Residential and Commercial Refuse and Yard Waste, Providing Definitions, and Repealing Ordinances No. 2189 and 2227" be adopted and given Ordinance No. 2317. Vote: Ayes - Parrish, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Agreement - City/U.S. Post Office Mayor Maxwell presented a proposed property use agreement between the City of Anacortes and the United States Postal Service to place drive through drop boxes at the public parking lot at 5th Street and "0" Avenue. Mr. Steve Mansfield, City Attorney, discussed the potential need for paving and other improvements to the area used by cars to make mail deposits. Mr. Jim Pemberton, Director of Engineering Services, reported on discussions with the Postal Director regarding signage and paving and joint participation in improvements. Mrs. Robinette clarified that the Postal Director, in Study Session, had agreed to pay for the necessary paving for this project. Mr. Jackson moved, seconded by Mr. Rock to approve the Property Use Agreement. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. At approximately 9:10 p.m., Mayor Maxwell announced that this meeting would be continued to 6:45 p.m., April 18, 1994, 1909 Skyline Way, to conduct a site visit. The City Attorney pointed out that no testimony will be taken during this site visit. Continued Meeting of April 4 held April 18, 1994 The Council reconvened at 6:45 p.m. at 1909 Skyline Way to conduct a site visit. The meeting adjourned without taking any action. Ge e Kh ian,]'ity Clerk -Treasurer April 18, 1994 H. Dean Maxwell, M or Mayor Maxwell called the meeting of April 18, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mrs. Robinette moved, seconded by Mr. Parrish, that the minutes of April 4, 1994 be approved as if read. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings Acting Police Chief Pat Beatie stepped forward to offer clarification on his resignation submitted earlier in the day as Acting Police Chief. Mr. Beatie said that while the recently held assessment center for the selection of a police chief for Anacortes was handled fairly overall, he felt the assessment scenarios were created specifically to negatively influence his assessment rating. He then read his April 19, 1994 letter of resignation. Mayor Maxwell expressed his confidence in the unbiased, comprehensive assessment center. 1069 April 18, 1994 - continued Mr. Doug Ramey came forward and expressed his lack of confidence in the current administration. Mr. H.M. Yeoman, 1620 11th St., said that the Police Chief answers to the Mayor and should be selected by the Mayor and spoke in favor of the Mayor's actions. Mr. Winston Thompson also expressed his lack of confidence in the current administration and expressed appreciation for the improvements to law enforcement in this community under Mr. Beatie's direction. Confirmation of Police Chief Mayor Maxwell informed the audience Chief will be delayed until April polygraph check can be conducted. Correspondence There was no correspondence. that the announcement of the new Police 25th so that a full background and Public Hearing - Conditional Use Application - Condominiums in CM Zone - 1909 Skyline Way - Richter Mayor Maxwell opened the Public Hearing to review and take comments on a Conditional Use application submitted by Mr. and Mrs. Joe Richter to build a 3 -story structure at 1909 Skyline Way. The first floor will house the Island Transporter Service, a real estate office and proposed post office and proposed post office satellite with the second and third floors as condominiums. The project also includes the replacement of wood float docks at this site with concrete float docks. Mr. Munce reported opposition to the third story was presented at the Planning Commission hearing; he noted that the Zoning Ordinance and Shoreline Master Plan both permit structure height of 35' in this zone. Mr. Munce clarified that the Planning Commission and Council Public Hearings are required in order to review the conditional use issue of locating residential condominiums in the Commercial Marine Zone; however, other issues of density, parking and height could be raised in the review. The Council received copies of both a petition against the 3 -story project and letters of support for the project. Mr. Richter submitted to Council a copy of a wide angle photo showing the relationship of the project height to the greater Skyline area. Mr. Munce reported that the Planning Commission voted to approve the Conditional Use subject to 9 conditions. Mr. Joe Richter, 1909 Skyline Way, reviewed the businesses to be housed in the new building and the benefits they will bring to the Skyline area. Mr. Marc Estvold, architect for the project, clarified that the new building; =_ would use materials and architectural styles to complement the area. Mr. Estvold pointed out that the condominium use will generate less peak hour vehicle trips that office space would. He also said parking will be in excess of spaces required by the Zoning Ordinance. He also conducted a site visit to determine which Skyline water views that would be affected by the project's 3rd story. Mr. Estvold passed out another copy of the drawing/photo giving a more realistic sense that this project will have a small impact on views. On a question from Mr. Parrish, Mr. Estvold explained how the photo/drawing was created. Mr. Jim Anderson, 2102 10th Street, attorney for the applicant, spoke in favor of the project pointed out that any future project in this area would have to be reviewed on its own merit and that property behind the project site is not view property. Mr. Parrish asked about the influence that approval of this project would have in setting a precedent for future projects. Mr. Steve Mansfield, City Attorney, explained that each project stands on its own and no binding legal precedent would be made by decision of this Council. Mrs. Robinette asked how the current transporter would function in the midst of the other proposed uses. The Planning Director further reported that the Planning Commission voted 5-1 to approve the project with 9 conditions that include addressing erosion control, stormwater management, sidewalks and landscaping. He also submitted an April 18, 1994 letter from Mr. and Mrs. Robert Downie opposing the project. Mr. Clay Leming, 1913 22nd St., Planning Commission member, further shared his interpretation of the shoreline/water-dependent use issue versus the view blockage issue and said that he had voted to limit the structure to two stories. Mr. John Prosser, 2615 "D" Avenue, said that new structure_ would house a real estate company and post office and would definitely. provide a service for the Skyline boating and residential community:-:-Mr.-- Harold Mitchell, 1800 Skyline Way, spoke against the project due to view blockage. In support of his objection, Mr. Mitchell referred to the Comprehensive Plan, page 23, "Conservation" Goal #8(d); Commercial Marine Goal 4(b)(h). Mr. Mitchell recommended a two-story project and that the zone maximum height be 25 feet. Mr. Nick Mavar, 4909 Croatian Way, spoke in favor of the project saying that he had visited all three floors at 1800 Skyline X070 April 18, 1994 - continued _ Way and didn't anticipate view blockage. Mrs. David Rudd, 5607 Rosario Way, opposed the project. Mrs. Beverly Benedict, 2414 16th St., urged the Mayor and Council to consider the people who live in the area. Mr. Forrest Miller, 1408 Rosario Road, owner of 5918 Sunset, said that Mr. Richter's project was the highest and best use for the property. Mr. Ken O'Neill, 5112 Kingsway, asked that the project be limited to 2 stories. Mr. Gene Jordeth, 1901 Bradley Drive, spoke in favor of the project. Mr. Pratt, 1800 Skyline Way, objected to being prohibited from talking to his Council representative prior to the public hearing. Mr. Walter Vendetti, 4525 Anaco Beach Road, owner of property adjacent to the project, spoke in favor of the project suggesting that the zoning code allowed 35' outright and the property was purchased with that understanding of the code. Mr. Stan Zimmerman, Lot 7, Division 10, owns property across the waterway from the project site, asked for clarification on elevation figures presented by the architect and spoke against the project height and against any residential activity at this site. 'Mr. Carl Auchterlonie, president of the Skyline Beach Club, expressed concern of property value loss due to future view blockage and asked what increased traffic would be caused by post office traffice. Mr. Duane Knapp, 1122 Marine Drive, urged the Council to follow the recommendation of the Planning Commission pointing out that no precedent is set when the zoning permits the height outright. Mrs. Patricia Padgett, 5508 Sugarloaf, expressed concern over the increased traffic this project would create. Mr. Harold Mousel, 1395 Donnell Road, spoke in favor of the project pointing out that view blockage is minimal compared to the services that will be provided and suggested that the project be approved. Mrs. Benedict clarified that the Planning Commission members are appointed. Mr. Richter pointed out that 1800 Skyline Way is 35' high. Mrs. Rudd pointed out that there are no 3 -story buildings on the waterfront. Councilman Parrish asked if the project would be financially viable without the third floor. Councilwoman Robinette, while having no objection to the height, asked if one condo unit could be eliminated from the project to provide for more parking. Councilman Sizemore expressed concern that adequate parking be provided. Mr. Richter said that overflow parking could be accommodated at the Old Salts parking lot, also owned by Mr. Richter. There were no further comments and the Mayor declared the Public Hearing closed. Councilmembers then clarified with staff the zoning questions. Mr. Parrish moved, seconded by Mrs. Young, that the project be approved subject to the 9 conditions recommended by the Planning Commission and with the addition of Condition #10, the Planning Director shall ensure that an appropriate number of parking spaces are set-aside for the use of postal patrons, and Condition #11, the structure shall be limited to two stories. During the discussion, Mrs. Robinette recommended that the project be approved as presented except that the project be moved 10' from the south by eliminating one of the proposed condominium units. Vote: Ayes - Sizemore, Christiansen, Rock, Parrish, Young. No - Jackson, Robinette. Motion carried. Acceptance of Valve Vault Demolition Mr. Gordon Bruchner, City Engineer, reported that the demolition of the old valve vault structures at Whistle Lake Reservoir is complete and the work meets the requirements of the plans and specifications. Mr. Bruchner recommended that the work be accepted by Council as complete, and if no valid claims are filed within the 30 -day lien period, retainage in the amount of $465.00 shall be released to the contractor, Wedco Construction, Inc. Mr. Rock so moved, seconded by Mr. Christiansen. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Public Hearing - Vacation Petition - Sackett - Portion of Alley in Block 127, Map of City of Anacortes Mayor Maxwell opened the Public Hearing to review and take comments on a Vacation Petition submitted by Mr. Jim Sackett to vacate the alley abutting lots 6-10 and lots 11-15, Block 127, Map of the City of Anacortes. Mr. Ian Munce, Planning Director, presented an overhead display of the project and reviewed the Board of Adjustment recommendation to deny the vacation. He noted that the Board of Adjustment was also recommending that Public Works issue an encroachment agreement which will permit Mr. Sackett to landscape, fence, the alley as planned. Finally, the Board of Adjustment granted the necessary rear -yard setback variances for deck construction. The applicant, Mr. Jim Sackett, 5280 East Harbor Drive, Friday Harobr, clarified that his proposal is for four duplexes; that engineering staff said that the City would not require the alley for future utility services and that only Public Works did not support the vacation; the proposal has met the Board of Adjustment criteria for granting a variance and therefore meets 107: April 18, 1994 - continued the Board's criteria for recommending approval of a street vacation; only one letter of dissent was received from a property owner some distance from the project site; the project site is now surrounded by duplexes and no other neighbors protested. The vacation would allow for amenities to make the duplexes family-oriented. Mr. Ken Wilson, 2202 Dublin Place, Board of Adjustment member, discussed the. Board of Adjustment decision stating that protection of future utility development was the primary focus. Mr. John Prosser, 2615 D Avenue, offered that due to the terrain, utility development to the west would not be feasible. Councilmembers clarified questions regarding responsibility for maintenance of utilities and vehicular access. There were no further comments and the Mayor declared the public hearing closed. Mr. Dave Ford, Director of Public Works, restated his position, saying that even if the alley was vacated future financial responsibility for maintenance of utilities could be placed on the City. Mr. Jim Pemberton, Director of Engineering & Development Services, supported the Board of Adjustment recommendations. Mr. Rock pointed out that if the alley is vacated, the owner is responsibility for maintenance utilities. Mrs. Robinette moved, seconded by Mr. Parrish, to approve the Board of Adjustment recommendations and to deny the alley vacation petition. Vote: Ayes - Christiansen, Robinette, Parrish, Young, Sizemore, Jackson. No - Rock. Motion carried. Voucher Approval The following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on April 6, 1994, and April 13, 1994 are now approved for payment by the City Council as of this date, April 18, 1994. Council vote is unanimous. Claims Vouchers: April, 1994 - Warrant Numbers 37039 through 37203 in the total amount of $217,216.14. Payroll: March, 1994 - Warrant Numbers 33090 through 33313 in the total amount of $359,430.29 Benefit Payroll: March, 1994 - Warrant Numbers 36881 through 36885 in the total amount of $120,250.30. Volunteer Park Parking_ - Property Transaction Mr. Steve Mansfield, City Attorney, presented a Resolution and Interlocal Agreement to Council that would facilitate the conveyance of property from the Anacortes School District to a property development adjacent to Volunteer Park. The developer has agreed to develop and improve a parking facility and make other improvements adjacent to Volunteer Park in exchange for the property. Mr. Rock moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Authorizing Execution of an Interlocal Intergovernmental Disposition Agreement by and between the City of Anacortes, a Municipal Corporation, and Anacortes School District Number 103, a Municipal Corporation" be adopted and given Resolution No. 1306. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Consideration of Bid Award - Washington Park Improvement Project Mr. Gary Robinson, Director of Parks and Recreation, recommended that the Washington Park Improvement Project bid be awarded to the low bidder, Thomcc Construction Company in the amount of $310,225.20. Mr. Jackson so moved, seconded by Mr. Christiansen. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Authority to Call for Bids Chemical Injection Vault and Permission to Purchase a Particle Counter Mr. Dave Ford, Director of Public Works, presented a recommendation to Council to call for bids for the construction of a chemical injection vault including installation of chemical injection and mixing equipment. Due to Public Works project scheduling constraints, Mr. Ford further requested authorization to negotiate for consultant services to provide contract administration and construction inspection should that assistance become necessary. Mr. Ford then presented a request for authorization to purchase a Particle Counter to aid in the determination of different media efficiency as part of a long range plan to provide enhanced water quality. After a technical discussion, Mr. Jackson moved, seconded by Mr. Rock to authorize staff to call for bids for a chemical injection vault, for the purchase of a particle x.®72 April 18, 1994 - continued counter and to enter into negotiations for contract administration consultant services. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Resolution - Approving Fire Chief Job Descriptions Mayor Maxwell presented a Resolution that would approve the job description for the Fire Chief. Mrs. Robinette proposed the following changes: eliminate the last paragraph on page 3 and eliminate the words "for new hires," from the first two paragraphs on page 4. Mr. Sizemore moved, seconded by Mr. Christiansen, that the Fire Chief's job description be approved subject to the recommended changes and that Resolution No. 1307 be adopted. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Appointment to Water Advisory Board - Allan Hatfield Mayor Maxwell recommended Mr. Allan Hatfield to serve on the Water Advisory Board. Mr. Jackson moved, seconded by Mr. Sizemore to approve the recommendation. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Executive Session At approximately 10:30 p.m., Mayor Maxwell announced that the Council would convene in Executive Session to discuss the Police Guild Contract. At approximately 11:00 p.m., the Council reconvened, and without taking any further action, continued the April 18, 1994 meeting to 7:30 p.m., Monday, April 25, 1994. Continued meeting of April 18, 1994 held on April 25, 1994 Mayor Maxwell called the continued meeting of April 25 to order at 7:30 p.m. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Confirmation of Police Chief Mayor Maxwell advised the Council and audience that he was appointing as Police Chief, Mike King, a law enforcement veteran of 19 years who is with the Longview Police Force. Mayor Maxwell added that Mr. King was the number 1 ranked candidate by the Assessment Center and was also the number 1 ranked candidate by the City Council in it's own evaluation. Mr. King will be able to commence his duties with the City of Anacortes sometime towards the middle of May. It was moved by Rock and seconded by Sizemore that Mike King be confirmed as Police Chief. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Consideration of Award of Anaco Beach Sewer Bid Gordon Bruchner reported that bids had been received for construction of the sewer line along the Anaco Beach Road and that Asaph, Inc. was the low bidder in the amount of $58,362.50. Mr. Bruchner requested that the bid be awarded to the low bidder. In response to questions, Mr. Bruchner indicated that the Engineers estimate for the project was approximately $70,000. It was moved by Rock and seconded by Sizemore that the bid for the Anaco Beach Sewer Project be awarded to Asaph, Inc. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Authorization to Bid Anaco Beach Road Reconstruction Project and to Solicit Proposals for Inspection Services Gordon Bruchner asked for authorization from the City Council to go to bid on the Anaco Beach Road Construction Project. Mr. Bruchner indicated that design approval from Washington State Department of Transportation is expected at any time. The project consists of two 11 -foot driving lanes and a four foot bike lane on each side of the road. Funding for the project will be through the loan from the Public Works Trust Fund plus a Federal Grant in the approximate amount of $136.00 which covers 80% of the costs of constructing the bike lanes. Mr. Bruchner also indicated that he was recommending that the City solicit proposals for inspection services on this project and ask Council permission for that. It was moved by Jackson and seconded by Christiansen that the City be authorized to go to bid on the Anaco Beach Road reconstruction project and also to solicit proposals for inspection services. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. 1073 Continued Meeting of April 18 held on April 25, 1994 - continued Resolution Setting Public Hearing Date for Street Vacation (Portion of Illinois Avenue) It was moved by Rock and seconded by Jackson that Resolution No. 1308 be passed and approved and that the date of Public Hearing be set for May 16, 1994 on the proposed street vacation. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Resolution Approving Police Guild Contract for 1993-94 Mayor Maxwell introduced the Police Guild Contract which has been negotiated between the City and Police Guild. He advised that the line on Page 9 in Article 12 indicating that any cash savings from the City health plan will be returned in cash or fringe benefits has been deleted since the City health plan will be through Skagit Medical rather than self insured. It was moved by Christiansen and seconded by Sizemore that Resolution No. 1309 be adopted and approved, and that the Police Guild Contract for 1993-94 be approved. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Cancellation of Warrant George Khtaian advised the Council that a warrant had been issued in error and that warrant number 37165 in the amount of $56.88 should be canceled. It was moved by Parrish and seconded by Young that said warrant be canceled. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, and Christiansen. Motion carried. With no further business to come before the continued regular meeting, .the meeting was adjourned. r4KaiarvCi y Clerk -Treasurer May 2, 1994 X e/ l H. Dean Maxwell, ayor Mayor Maxwell called the meeting of May 2, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mrs. Young, that the minutes of April 18, 1994 be approved as if read. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings The Depot Farmer's Market representative, Kathy Janke, announced to the Mayor and Council that the Market would begin its 6th season on May 21st. Ms. Janke thanked the Mayor and Council for their encouragement and support of this project. Mr. John Olsen, 1710 24th Court, suggested the following with regard to the franchise renewal negotiations with TCI Cablevision: hire a consultant and call for an audit. On a question from Mr. Olsen, Mr. Steve Mansfield, City Attorney, confirmed that in September of 1993, the City filed for and was granted FCC certification with regard to regulating basic cable service rates. Correspondence Mayor Maxwell read a Proclamation proclaiming May 14, 1994 as National Association of Letter Carriers Food Drive Collection Day. Approval of Findings of Fact - 1909 Skyline Way Mr. Ian Munce, Planning Director, presented Findings of Fact and Conclusions of Law reflecting action taken by Council on April 18, 1994 to grant a Conditional Use Permit for a two-story building at 1909 Skyline Way. Mr. Parrish moved to accept the Findings of Fact, seconded by Mr. Rock. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. 107.4 May 2, 1994 - continued Voucher Approval 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 27, 1994, are now approved for payment by the City Council as of this date, May 2, 1994. Council vote is unanimous. Claims Vouchers: April, 1994 - Warrant Numbers 37212 through 37359 in the total amount of $165,177.97 Draw Payroll: April, 1994 - Warrant Numbers 33314 through 33449 in the total amount of $368,487.90 Public Hearing - Conditional Use Application - Vacation Petition - Ed Knorr - Private Street as Access - 14th Street and "D" Avenue Mayor Maxwell opened the Public Hearing on a Vacation Petition and Conditional Use Application submitted by Mr. Ed Knorr to vacate the alley in Block 192, Map of the City of Anacortes, between 14th and 15th Streets on "D" Avenue and to use the vacated property as private access to four proposed duplex units. Mr. Ian Munce, Planning Director, first explained that there are several undersized blocks from 12th to 24th Streets bounded on the west by "D" Avenue and on the east by Volunteer Park. The Knorr applications before Council concern the development of one of these blocks. Mr. Munce then explained that building sites on these undersized blocks that front on "D" Avenue would not have an access problem; however, individual building sites that extend to the depth of the block would, under current development standards, require full right-of-way improvements on these short streets including sidewalks, curbs, gutters and vehicle turnarounds. Mr. Knorr considered a mix of triplex and fourplex thereby avoiding the right-of-way improvement issue. But based on current neighborhood concerns regarding density, appearance, and character, Mr. Knorr chose the duplex configuration but will need the extra footage provided by the alley vacation for building site size requirements and would use that vacated right-of-way as access for all four duplex units. The Planning Commission held a public hearing on both these issues and voted to recommend approval of the alley vacation so that Mr. Knorr could have the benefit of the extra duplex unit but recommended that the vacated alley be kept for utilities and pedestrian access only. The Commission further recommended that 14th and 15th Streets abutting Block 192 be improved to full City standards with the elimination of the sidewalk requirement and sidewalks on "D" Avenue. Mr. Munce referred the Council to the minutes of the Planning Commission outlining additional conditions recommended by the Planning Commission with regard to right-of-way improvements. Mr. Ed Knorr, 2001 Piper Circle, after discussing his work history, displayed Exhibit 1, plat map of a duplex/triplex development project on "D" Avenue between 21st and 22nd Street; Exhibit 2, Anacortes American article highlighting the Planning Commission discussion regarding street completion; Exhibit 3, Anacortes American article reporting on loss of revenue due to auto dealership moving out of Anacortes; Exhibit 4, plat map of Cooper's Addition, a 13th Street Subdivision. Mr. Knorr stated that he would participate in a future local improvement district for the development of 15th Street. He then presented Exhibit 5, a utility map showing a house to the north encroaching into the 14th Street right-of-way; Exhibit 6, Sturdy Engineering stormwater runoff analysis; Exhibit 7, memorandum from Gary Robinson, Parks Director. Mr. Knorr commented on Mr. Robinson's memorandum stating that he would be in favor of a 15th Street L.I.D., and that he intended to install an 18' colvert in the Volunteer Park ditch to the east so the School District can fill in the ditch. Mr. Knorr then presented to Council Exhibit 8, a site plan for a 17th Street and "D" Avenue development that does not provide for curbs, gutters or sidewalks. Mrs. Sandy Jenkins Sandbom, 300 SE 149th Court, Vancouver, Washington, owner of Lots 6-10, Block 193 to the north of Mr. Knorr's project said the property had been in her family for over 50 years and expressed concern that "D" Avenue will become lined with multi -family units. She proposed that the project be limited to 2 duplexes and opposed the vacation of the alley. Mrs. Beverly Ann Benedict, 2414 16th Street, urged the Council to consider neighborhood concerns. Mr. John Olsen, 1710 24th Court, said he opposes development next to a park area. Ms. Noreen Schmidt, 2214 14th Street, said her property floods when it rains and asked for drainage requirements on this or any project in the area. Ms. Schmidt also expressed concern that the sewer line in the vacated alley could break. Mr. John Prosser, 2615 "D" Avenue, asked for clarification on the City's plans for street -end development along "D" Avenue, street requirements for fire equipment and discussed the house 105 May 2, 1994 - continued encroachment into 14th Street and the need for sidewalks if 15th Street is developed. Mr. Robert Kjosness, 217 Islander Way, spoke in favor of the project pointing out that the applicant had taken the drainage, access and impact concerns of the neighborhood and designed the development to address those concerns. Mr. Stan Kurowski, 2205 14th Street, said he lives across the street from the project and supported the Planning Commission recommendations with regard to street development and pedestrian walkway. Mr. Kurowski also suggested that street development could be similar to that of 14th and 15th Streets west of "D" Avenue, and that the duplexes face 14th and 15th Streets. Mrs. Benedict, Mr. Prosser, and Mrs. Sandbom all briefly spoke again. There were no further comments and the Mayor declared the public hearing closed. Mr. Parrish and Mr. Jackson then asked for clarification on fire department cul-de-sacs requirements. Mr. Munce explained that during the Planning Commission hearing, Mr. Knorr modified his project to include a 20' private access drive; this width would meet the minimum fire department access needs. Mr. Christiansen expressed several concerns including the proposed inadequate access, and suggested the vacation of 2-4' of "D" Avenue to gain the square footage necessary and to improve 14th and 15th Streets. Mr. Munce pointed out that this would require a formal petition with signatures from property owners on both side of "D" Avenue. Mrs. Robinette and Mr. Jackson spoke in favor of the Planning Commission recommendations. On a question from Mrs. Robinette, Mr. Munce clarified that if Council approves the vacation and denies the conditional use, the applicant will then have the option to work with City staff to clarify the requirements for the development of 14th and 15th Streets. After discussion, Mr. Jackson moved, seconded by Mrs. Robinette, to approve the vacation of the alley in Block 193, Map of the City of Anacortes, and to deny the Conditional Use application to use this vacated alley as access. Vote: Ayes - Christiansen, Robinette, Parrish, Young, Sizemore, Jackson. No - Rock. Motion carried. Short Plat Appeal - North Island Boat Mr. Steve Mansfield, City Attorney, explained that the Council has before it an appeal from a determination made by the Subdivision Administrator, Planning Director Munce. This is an appeal by a Short -Plat applicant, North Island Boat, from Mr. Munce's decision placing certain 'conditions on the approval of the Short Plat, specifically the dedication of a 10' strip of property abutting "Q" Avenue; however, the required dedication is within the powers of the City of Anacortes to require. The appeal is of Mr. Munce's decision, thereby giving the Council an opportunity to substitute the Council's judgment for that of Mr. Munce. However, Mr. Mansfield suggested that the related legal issues can best be left to Superior Court review and decision. Mr. Mansfield also said that the applicant has mentioned an appeal of the City's decision not to issue a Boundary Line Adjustment for this same piece of property. Mr. Mansfield stated that this second appeal issue would also be a matter for Superior Court review. Mr. Ian Munce, Planning Director, discussed the Commercial zoning of the property and reviewed previous development activity on this property. Specifically, in May of 1988, the applicant requested and received relief from the City's curb gutter and street widening improvement requirements. Additionally, in 1988, the City Council approved an alley vacation for North Island Boat and waived compensation in exchange for easements. Last year, the owner, Mr. Paul Schweiss came to the City's Department of Engineering and Development Services to conduct a preliminary review of short platting his property. The proposed lots would have frontage on "Q" Avenue. At that time, Mr. Pemberton, Director of Engineering and Development Services, raised the issue of street dedication as "Q" is a commercial arterial and City street improvement and Ordinances cal for a 60" right-of-way; at this site there is currently a 40' right-of-way plus a 10' easement from Burlington Northern. Rejecting Mr. Pemberton's suggestion that 10' of Mr. Schweiss' property be dedicated for right-of- way, Mr. Schweiss then approached the City with a Boundary Line Adjustment application for the same parcels of land. At that time, the City Attorney determined that the Boundary Line Adjustment mechanism could not be considered and a Short Plat application would be required to accomplish a division of land. Staff then recommended that the right-of-way should be required at this stage for dedication, but the street improvements should be deferred to a later date through the L.I.D. process. Mr. Jim Pemberton, Director of Engineering and Development Services, clarified that he reviews each land division application by applying the Subdivision Ordinance criteria; the Subdivision Administrator can only Mrs , 's May 2, 1994 - continued approve a short plat provided adequate provisions have been made for stormwater, sanitary sewer, water and access. Mr. Pemberton Pointed out that "Q" Avenue is an arterial street and functions as such, but as it exists does not meet City standards. On a question from Mr. Parrish, Mr. Pemberton discussed the impact the right- of-way dedication would have on each building site and also discussed future development of "Q" Avenue and the impact on the existing sub -standard right- of-way from any new businesses in this area. On a question from Mrs. Robinette, Mr. Pemberton explained that the proposed short plat lot configuration would provide access to parcels that otherwise would not have access. Mr. Paul Schweiss, 2003 39th Street, owner of North Island Boat, 1806 "Q" Avenue, requested that Council reject the staff findings because the required dedication of 10' will not solve the right-of-way problem, bacause the request for right-of-way dedication is premature and because the request itself is illegal. As a solution to the substandard "Q" Avenue right-of-way, Mr. Schweiss proposed that an additional 10' setback be imposed on each lot of the short plat. Mr. Schweiss pointed out that the dedication required by the City would represent a loss of 10% of the total project square footage. Mr. Schweiss then introduced his Attorney, Mr. Brad Furlong. Mr. Furlong, 904 South 3rd Street, representing North Island Boat, discussed the City's decision that a Boundary Line Adjustment can apply in this instance based on RCW 58.17.040 which states that division made for the purpose of alteration by adjusting boundary lines between platted or unplatted lots or both which does not create any additional lot, tract or parcel or site or division nor create any lot, tract parcel or site which contains insufficient area and meets the requirements of the zoning code has to be approved and is not subject to the platting process. Mr. Furlong then presented Exhibit 1 and Exhibit 2, drawings showing the parcels purchased by Mr. Schweiss tha the proposed short plat lot configuration indicating an overall reduction of lots. Mr. Furlong then submitted an Exhibit 3, a copy of the Michaelson Boundary Line Adjustment previously approved by the City. Mr. Furlong then discussed the legal case, Unlimited vs. Kitsap County, concerning exactions and the ability of municipalities to take property as a condition of approval for an application for land division. Mr. Furlong then presented Exhibit 4, an April 1994 memo from Mr. Gordon Bruchner, City Engineer, which discusses future commercial development but does not relate this short plat project to the commercial development issue. He then offered Exhibit 5, an August 1993 letter from Mr. Jim Pemberton, Director of Engineering & Development Services, to John Leonard, engineer for Mr. Schweiss, which discusses future street improvements; Exhibit 6, an April 1, 1994 memo from Mr. Pemberton to Mr. Munce, again discussion future development of "Q" Avenue. Exhibit 7 includes three photographs looking north and south from the site showing the existing buildings and structures along "Q" Avenue. Mr. Furlong summarized that this is an instance whereby Council can direct staff to reconsider the decision to require a short plat and road dedication. Mr. Furlong said that although development should pay its share of improvement costs, in this case Mr. Schweiss is being asked to solve future and as yet, undefined "Q" Avenue improvement problems. Mr. Furlong said his client has offered to place an additional 10' setback restriction on the plat to facilitate the construction of "Q" Avenue and is willing to grant a 10 year option to the City based on a fair market appraisal. The City Attorney, then emphasized that his decision, as outlined in a March, 1994 memo to Mr. Munce, that the North Island Boat application does not qualify as a Boundary Line Adjustment is backed by appropriate court cases. Mr. Mansfield also said that although some lots in this project may have prior existence as lots by deed, they don't have existence as building sites. Mr. Mansfield said it was important to note that street improvement and subdivision ordinances are policies and standards set by Council and staff is following those policies by requiring at 60' right-of-way. Councilmembers suggested that this matter be held over to the May 16, 1994 regularly scheduled Council meeting so that the information. submitted can be studied and evaluated. Mr. Jackson so moved, seconded by Mr. Parrish. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. 30th Street Parking Restrictions - 30th Street Between "R" Avenue and "T" Avenue The City Attorney, Steve Mansfield, stated that this matter would be held over to the next regularly scheduled Council meeting. 1077 May 2, 1994 - continued Authorize Contract for Inspection Services - Washington Park Mr. Gary Robinson, Director of Parks & Recreation, presented a request for authorization to enter into a contract with S.V.R. Design Company to provide construction support services for the management of the improvements to Washington Park. The contract amount is $13,841. Mrs. Young moved, seconded by Mr. Sizemore to authorize staff to enter into contract with S.V.R. Design Company. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Permission to Bid - Senior Center Mr. Jim Pemberton, Director of Engineering, on behalf of the Senior Advisory Board, requested Council permission to call for bids on the Senior Center project. Plans and specifications are ready to be advertised. The intest would be to bid in open bid on June 28, 1994 and then ask Council to continue the July 5, 1994 Council meeting to July 11, 1994 so that a contract can be awarded. Mr. Parrish moved to authorize staff to call for bids on the Senior Center project, seconded by Mr. Rock. Mrs. Robinette expressed concern that she would not be able to vote on contract for service until a formal agreement exists between the City of Anacortes and the Senior Advisory Board. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Cancellation of Duplicate Warrant Mr. Christiansen moved, seconded by Mrs. Young, to cancel Warrant #35649 in the amount of $42.00. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Executive Session At approximately 10:30 p.m., Mayor Maxwell announced that the Council would convene in Executive Session to discuss the Teamsters Negotiations. At approximately 11:20 p.m., the Council reconvened, and without taking any further action, the meeting was adjourned. /rrge7taiarn�,Ci Clerk -Treasurer H. Dean Maxwell, Ma)* May 16, 1994 Mayor Maxwell called the meeting of May 16, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mrs. Young moved, seconded by Mr. Jackson, that the minutes of May 2, 1994 be approved as if read. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Announcements Mayor Maxwell introduced the new Chief of Police, Mr. Mike King. The Mayor welcomed Chief King to the community. The Mayor discussed the local impact of the Skagit County Board of Commissioners' decision to close the County incinerator. The Mayor then discussed a complaint received by his office from a neighbor of the St. Mary's Church. The bell system at the church registered at 103 decibels. Citizen Hearings No one in the audience wished to testify on matters not on the agenda. Correspondence There was no correspondence. North Island Boat Appeal Mayor Maxwell announced that this matter has been held over to the June 20, 1994 Council meeting. 1078 May 16, 1994 - continued Ordinance - Vacation of Alley - Knorr Mayor Maxwell presented an Ordinance that reflects action previously taken by Council to vacate the alley in Block 192, Original Addition to the City of Anacortes. Mr. Jackson moved, seconded by Mr. Sizemore, that the Ordinance be adopted and given Ordinance No. 2318. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Parking Restrictions - 30th Street "R" to "T" Avenue Mr. Jim Pemberton, Director of Engineering & Development Services, presented an Ordinance to Council that prohibits parking motor vehicles other than passenger cars or pick-up trucks on 30th Street between "R" Avenue and "T" Avenue and on 28th Street between "R" Avenue and "T" Avenue. Mr. Pemberton reported that these matters had been reviewed by the Traffic Safety Committee and the Ordinance reflects the Committee's recommendation. Mr. Jackson moved, seconded by Mrs. Young, that the Ordinance be adopted and given Ordinance No. 2319. Vote: Ayes - Jackson, Christiansen, Rock, Parrish, Young, Sizemore. No - Robinette. Motion carried. Ordinance - Regulation of Cable Rates With regard to the regulation of cable rates, City Attorney, Mr. Steve Mansfield, explained that the first step in the process was completed in September of 1993, when the City of Anacortes was certified as a rate regulator. In order to exercise that authority, the Ordinance before Council must be in place. Mr. Jackson moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Authorizing Regulation of Cable Television Rates for Basic Cable Service and Associated Equipment" be adopted and given Ordinance No. 2320. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Voucher Approval The following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on May 4, 1994 and May 12, 1994 are now approved for payment by the City Council as of this date, May 16, 1994. Council vote is unanimous. Claims Vouchers: May, 1994 - Warrant Numbers 37367 through 37508 in the total amount of $217,679.04 Payroll: April, 1994 - Warrant Numbers 33450 through 33676 in the total amount of $358,544.64 Benefit Payroll: April, 1994 - Warrant Numbers 37206 through 37211 in the total amount of $130,645.98 Public Hearing - Street Vacation - Portion of Illinois Avenue - Triple T Construction Mayor Maxwell opened the Public Hearing on a Vacation Petition submitted by Triple T Construction on behalf of the property owners to vacate the westerly 40 feet of Illinois Avenue abutting Lot 1, Block 911, Northern Pacific Addition to Anacortes. At this time Councilman Christiansen announced that he is a property owner within the 300' public hearing notification radius. Mr. Christiansen said he would not comment or take action on this vacation petition. Mr. Jim Pemberton, Director of Engineering & Development Services, then addressed Council. With the use of an overhead display, Mr. Pemberton pointed out that the proponent is requesting the street vacation to facilitate construction of West 6th Street in the vicinity of Illinois Avenue. Mr. Pemberton siad that there is a large rock outcropping in the West 6th right-of-way that makes the extension of West 6th to Illinois impractical. Also, rock removal could adversely affect the residences located on West 6th to the south. Triple T has proposed the development of West 6th up to the rock outcropping and the construction of a cul-de-sac that meets City standards. However, the development of the cul-de-sac would require a portion of the platted lots. In order to retain net lot production, Triple T has proposed an exchange of 40' of the Illinois Avenue right-of-way for that portion of the platted lots needed for the construction of the cul-de-sac. Mr. Pemberton then discussed the Board of Adjustment findings on this matter. The Board voted to recommend approval of the vacation subject to two conditions: (1) The City be compensated for any difference in value for the property traded, and (2) That blasting be prohibited at this site. Mr. 1079 May 16, 1994 - continued Pemberton said that this proposed development would be similar to and already existing cul-de-sac to the south. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Parrish moved, seconded by Mr. Jackson, to approve the Vacation Petition subject to the two conditions recommended by the Board of Adjustment. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Robinette. Abstain - Christiansen. Motion carried. Ordinance -:Adopting 1994 Washington State'Energy Code Mr. Ed Frank, Building Official, presented an Ordinance to Council that would amend the Anacortes Municipal Code by the adoption of the 1994 Washington State Energy Code as written by the Washington State Building Code Council. In response to questions from Council, Mr. Frank discussed the effects the new energy code will have on non-residential structures. Mrs. Young moved, seconded by Mr. Parrish, that an Ordinance entitled "An Ordinance Amending Section 15.04.090 of the Code and Adopting the 1994 Washington State Energy Code" be adopted and given Ordinance No. 2321. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Street Closures - Waterfront Festival and Car Show Mr. Jim Pemberton, Director of Engineering & Development Services, presented two requests from the community for street closures. The first is from the Chamber of Commerce to close "R" Avenue between 7th and 9th Streets, 9th Street between "Q" and "R" Avenues, and Market Street to through traffic for the Anacortes Waterfront Festival beginning at noon on Friday, May 20, 1994 through 6:00 p.m., Sunday, May 22, 1994. The Chamber's request includes approval for the horse and buggy rides. The second request is from a car club to close 10th Street between Commercial and "Q" Avenue for a car show on May 22, 1994. Mr. Pemberton said that the Traffic Safety Committee reviewed both requests and recommended approval of both provided that fire lanes be left open and fire hydrants not be closed off from access. Mr. Jackson moved, seconded by Mr. Rock, that the street closures be approved subject to the conditions imposed by the Safety Committee. Discussion followed regarding heavy truck traffic in this area due to the unloading of a coke barge. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Permission to Hire Water Treatment Plant Operator Mr. Dave Ford, Director of Public Works, presented a request for Council approval to hire a new operator at the Water Treatment Plant. As justification for the request, Mr. Ford cited the increase in extensive testing required by the Safe Drinking Water Act and future maintenance demands to keep the plant operational. Mr. Ford pointed out that the position was approved during the 1994 budget process. Mr. Jackson, complementing the staff for its excellent record in maintaining the operating the plant, moved to approve the request. Mr. Christiansen seconded the motion. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Proclamation - National Public Works Week Mayor Maxwell read a Proclamation proclaiming• May 15 through May 21, 1994 as National Public Works Week. The Proclamation states, in part, "...and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life." Permission to Extend Consultant Contract Mr. Dave Ford, Director of Public Works, presented a request for Council approval to engage RH2 Engineering to provide services during construction for the installation of the chemical injection vault for the water treatment plant. The maximum contract amount is $10,000. After discussion Mr. Christiansen moved, seconded by Mrs. Robinette, to approve the request for consultant services in an amount not to exceed $10,000. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Resolutions - Water Contract Amendments Mr. George Khtaian, Finance Director, presented five of the six water contracts for Council approval. The sixth, Texaco, Inc., will be before Council in the future. The contract amounts are effective April 1, 1994. Mr. Jackson moved, seconded by Mrs. Young, that the following Resolutions May 16, 1994 - continued be adopted: Resolution No. 1310, authorizing execution of an amendment to a water contract between the City and Shell Oil Company; Resolution No. 1311, authorizing execution of an amendment to a water contract between the City and the City of Oak Harbor; Resolution No. 1312, authorizing execution of an amendment to a water contract between the City and the Town of LaConner; Resolution No. 1313, authorizing execution of an amendment to a water contract between the City and P.U.D. #1 of Skagit County; and Resolution No. 1314, authorizing execution of an amendment to a water contract between the City and the Swinomish Tribal Community. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Lions Club Fireworks Stand Mr. Christiansen moved, seconded by Mr. Sizemore, that the Lions Club be permitted to operate a retail fireworks stand at 22nd Street and Commercial Avenue. In a memo to Council the Acting Fire Chief, Mr. Bill Ross, reported that the permit application is complete. Council asked staff to review restrictions for use of fireworks within the City limits for 1994. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Permission to Advertise for Consultant Services - Park and Recreation Comprehensive Plan Mr. Gary Robinson, Director of Parks and Recreation, presented a request for authorization to advertise for consultant services to update the Park and Recreation Comprehensive Plan. Mr. Robinson reported that the Plan update is necessary to comply with the Interagency Committee for Outdoor Recreation funding requirements. The consultant would also assist in the formulation of impact fees. Discussion followed regarding overall park development in the City and regarding the most efficient, cost-effective way to update the Park Plan. Mr. Robinson also requested that Council members participate in the consultant selection process. Suggestion was also made by Council to interview qualified volunteers from the community or board furing the selection process. Mr. Rock moved, seconded by Sizemore, to authorize the Park Director to advertise for a consultant, volunteer or project employee to assist in the update of the Park Comprehensive Plan. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Request for Deviation from Maximum Grade - Oakes and Jackson Avenues Mr. Jim Pemberton, Director of Engineering & Development Services, presented a request from Triple T Construction for deviation from the maximum grade up to 19% for the development of portions of Jackson and Kansas Avenues. This partial right-of-way development will provide access to six building sites that front on Oakes Avenue. The developer proposes to access these sites from the alley rather than from Oakes Avenue. Mr. Parrish moved, seconded by Mrs. Young, to approve the request for the deviation from maximum grade. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Executive Session At approximately 9:00 p.m., Mayor Maxwell announced that the Council would convene in Executive Session to discuss Teamsters negotiations and possible litigation. At approximately 10:00 p.m., the Council reconvened and without taking any further action, the meeting was adjourned. G orge taian, 2'ty Clerk -Treasurer H. Dean Maxwell, Mayor June 6, 1994 Mayor Maxwell called the meeting of June 6, 1994 to order at 7:30 p.m. Roll call found present: Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ted Parrish. Roll call was followed by the Pledge of Allegiance to the Flag. Mrs. Young moved, seconded by Mr. Sizemore, that the minutes of May 16, 1994 be approved as if read. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. 1081 June 6, 1994 - continued Citizen Hearings Mr. Stan Patrovsky, 2716 Oakes Avenue, asked if there would be official activities on June 14th, Flag Day. Mayor Maxwell asked Mr. Patrovsky to meet with him to discuss this event. Mr. Patrovsky then asked for an update on the TCI Cablevision Franchise negotiations. Mr. Steve Mansfield, City Attorney, reported that most major issues had been settled, and the agreement in final form will be presented to Council. Mrs. Robinette asked for a briefing on the agreement details. Mr. Mansfield clarified that the matter would come before Council in study session for a detailed reivew before the Public Hearing date is set. Correspondence Mayor Maxwell read a letter of appreciation from a citizen thanking the City water crew for its assistance during the recent line break. Mayor Maxwell also complimented the City crews for their performance during the Highway 20 rock slide. Supplemental Agreement,- Construction Services - Anaco Beach Road Project Mr. Gordon Bruchner, City Engineer, presented Supplemental Agreement No. 1 amending the Consultant Agreement entered into by Reid Middleton, Inc. and the City of Anacortes for construction services for the Anaco Beach Road project. Mr. Bruchner said that the scope of work will provide for inspection, construction contract administration, and continuity during bidding process. Mr. Bruchner answered questions from Council regarding total project contract value and project accountability. After discussion, Mr. Christiansen moved, seconded by Mr. Jackson to approve Supplemental Agreement No. 1 supplementing the Consultant Agreement between the City of Anacortes and Reid Middleton, Inc. dated May 19, 1993. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Young. Motion carried. United Way Presentation Mayor Maxwell introduced Mr. Tom Moody, President of the 1994 United Way campaign in Skagit County. Mr. Moody and other United Way representatives, including Mr. Rudy Johnson, executive Director of United Way, discussed the benefits to the people of Anacortes derived from Skagit County distribution of United Way donations. Home Occupation Appeal - Martin Mayor Maxwell announced that the applicant had withdrawn his Home Occupation Permit application. Voucher Approval 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, 1994, May 26, 1994, and June 2, 1994 are now approved for payment by the City Council as of this date, June 6, 1994. Council vote is unanimous. Claims Vouchers: May, 1994 - Warrant Numbers 37518 through 37685 in the total amount of $168,871.53 Pre -written Claims: May, 1994 - Warrant Numbers 37360 through 37366 and 37509 in the total amount of $17,079.50 Payroll: May, 1994 - Warrant Numbers 33812 through 34042 in the total amount of $415,422.57 Benefit Payroll: May, 1994 - Warrant Numbers 37510 through 37515 in the total amount of $135,802.89 Draw Payroll: May, 1994 - Warrant Numbers 33677 through 33811 in the total amount of $64,924.00 Three Warrant Cancellations Mr. George Khtaian, Finance Director, reviewed each of the three warrant cancellations before Council. Mrs. Young moved, seconded by Mr. Christiansen, that Warrant Number 33571 in the amount of $7.50, Warrant Number 36427 in the amount of $64.74 and Warrant Number 36355 in the amount of $99.98 be cancelled. Vote: Ayes - Christiansen, Robinette, Rock, Young, Sizemore, Jackson. Motion carried. Ordinance - L.I.D. Financing Bids Mr. George Khtaian, Finance Director, presented his recommendation to award L.I.D. 201 and 203 financing to First Interstate Bank at 4.35% fixed rate. The First Interstate Band rate was the low bid of three bids received. Mr. June 6, 1994 - continued Jackson moved, seconded by Mr. Rock, to adopt Ordinance No. 2322 setting a one-year Bond Anticipation Note for Local Improvement Districts 201 and 203 at 4.35% financing through First Interstate Bank. Vote: Ayes - Robinette, Rock, Young, Sizemore, Jackson, Christiansen. Motion carried. Resolution - Texaco Water Contract Amendment Mr. George Khtaian, Finance Director, presented Resolution No. 1315 authorizing an amendment to the water contract between the City of Anacortes and texaco Refining and Marketing, Inc. Mr. Khtaian pointed out that this action completes the 1994 water contract renewals. Mr. Rock moved, seconded by Mr. Jackson, that Resolution No. 1315 be adopted. Vote: Ayes - Rock, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Appointment: Library Board - Appointment: Fire Chief On a recommendation from the Library Board, Mayor Maxwell appointed Mr. Charles Kiel to serve on the Library Board. Mr. Jackson moved, seconded by Mr. Christiansen, to approve the appointment. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Mayor Maxwell then secured Council's confirmation of the appointment of Mr. Bill Ross as Fire Chief for the City of Anacortes. This action was taken on a motion by Mrs. Young, and seconded by Mr. Sizemore. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Young. Motion carried. Possible SEPA/GMA Grant: Fidalgo Bay Waterfront The Council authorized a grant application to Washington State Department of Trade, Community, and Economic Development for $60,000 in order to undertake a SEPA/GMA regulatory reform demonstration project for Fidalgo Bay. This action was taken on a motion by Mr. Rock and seconded by Mrs. Young. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Young, Sizemore. Motion carried. 1994 - Fireworks Mayor Maxwell presented a request from the July 4th Fireworks Committee for permission to conduct a fireworks display from a barge in Fidalgo Bay at dusk on July 4, 1994. Mr. Rock moved, seconded by Mr. Christiansen to approve the request. Vote: Ayes - Christiansen, Robinette, Rock, Young, Sizemore, Jackson. Motion carried. Mayor Maxwell then announced that there are now over 600 yard waste accounts. There being no further business, the meeting was adjourned at 8:35 p.m. Z- - G o ge K naianj,City Clerk -Treasurer June 20, 1994 X . zeal., 74AC-P H. Dean Maxwell, Mayor Mayor Maxwell called the meeting of June 20, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Christiansen, that the minutes of June 6, 1994 be approved with the correction of a typographical error on page 3. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings Mrs. Jeri Yates, 1113 Whistle Lake Road, President of the Noon Kiwanis Club, thanked the following individuals for their assistance during the Kiwanis Club fund drive for the parking area for the Proposed Fidalgo Center: Mrs. Robin Sherman, Mr. Ash Townsend, Mr. Marc Estvold, and Mayor Dean Maxwell. Malcolm McPhee, 5107 MacBeth Drive, also express appreciation to Ace Hardware, All - Phase Electric Supply, City Electric, Concrete Norwest, Jamie's Signs, Lake Erie Construction, Leonard, Boudinot and Skodje, Marc Estvold, Materials, Testing & Consulting, Simply Yards, Sunland Bark and Topsoil, and Valley Electric. 1083 June 20, 1994 - continued Correspondence Mayor Maxwell reported on the Association of Washington Cities Conference held the previous week in Spokane. Public Hearing - Ordinance - Finalization of Zoning Ordinance Amendments (public hearing is on tape and filed at City Hall) Mayor Maxwell opened the Public Hearing to review and take comments on certain revisions to the Anacortes Zoning Ordinance. Background review was provided by Mr. Ian Munce, Planning Director. Mr. Munce reviewed previous action taken by Council to adopt new Subdivision and Zoning Ordinances for the City of Anacortes. Mr. Munce reported that no comments were received during the GMA-mandated 60 -day State agencies comment period. At the time of previous Council approval two zoning issues were referred back to the Planning Commission: (1) design standards for duplexes; and (2) adult family homes. Additionally, two zoning clarifications were proposed by City staff: (1) a frontage requirement for non-residential as well as residential districts; and (2) addition of the words "and no less" after the words "no more" to Section 17.36.040 (Conditional Uses in the RL (R2)) zone, Item (E). Mr. Munce said that there were also technical corrections to address earlier publishing errors. A protest to the design standards was received from Mr. Joe Park. After their Public Hearing, the Planning Commission recommended to Council that the definition of adult family homes be expanded to include up to six adults living in an adult family home and that the minimum design standards for duplexes be adopted. General Council discussion followed regarding home care for the elderly and the State government's imposition of regulations regarding adult family homes. Ms. Beverly Benedict, 2414 16th Street, spoke on density and types of adult homes for the elderly. In answer to Ms. Benedict's questions, Mr. Lou Modsley, State Program Manager for the Adult Family Home Program, Aging Adult Services, spoke at length about the State home requirements, licensing, and complaint procedures. Mr. Larry Nelson, 4218 Mitchell Drive, spoke against the imposition of design standards on duplexes. There were no further comments and the Mayor declared the Public Hearing closed. With regard to the Adult Family Home amendment, Mrs. Robinette recommended that the definition of family read: "No more than five unrelated persons living together in a State licensed Adult Family Home pursuant to RCW 70.128.010, with the provider's family counting as related and up to four persons not related to the providers living with them as one housekeeping unit for profit, except that this number can be increased by two in the R4 Zone." Mr. Jackson so moved, seconded by Mrs. Robinette. Vote: Ayes - J ackson, Robinette, Rock, Parrish. No - Sizemore, Christiansen, Young. Motion carried. Mr. Parrish again expressed concern about the appearance of new duplex construction. With regard to duplex design standards, Mr. Sizemore recommended that the design standard requirements for duplexes be deleted. Vote: Ayes - Jackson, Christiansen, Young, Sizemore. No - Robinette, Rock, Parrish. Motion carried. Mrs. Robinette moved, seconded by Mr. Parrish, that the text in Section 17.36.040(E) be revised by adding the words "and no less" after the words "no more" and that section of Section 17.67.010, Dimensional Requirement Table that reads "Thirty feet of frontage on an improved public street..." be applied to all zoning districts. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. With that, Mr. Rock moved to adopt Ordinance No. 2323 which reflects these Council -approved changes to the Zoning Code Development Regulations. The motion was seconded by Mr. Jackson. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. North Island Boat Appeal City Attorney, Mr. Steve Mansfield, reported that an agreement has been reached on the North Island Boat short plat appeal and that the appeal has been withdrawn. Mr. Brad Furlong, Attorney for North Island Boat, remarked that the compromise will accommodate both the City and the applicant. He then thanked the Mayor, Council, Mr. Munce and Mr. Mansfield, for the positive interchange. June 20, 1994 - continued Authorization to Receive Bids on San Juan Hill Waterline Mr. Gordon Bruchner, City Engineer, asked for authorization to receive bids on the San Juan Hill Waterline replacement. Mr. Bruchner reported on the condition of the line and that between 3,000-4,000 feet of the 70 year-old line would be replaced. Mrs. Robinette moved, seconded by Mr. Rock, to authorize staff to seek bids for the construction of the work. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Resolution - Rokisoki Event Mayor Maxwell introduced a Resolution to Council that recognizes the combined services clubs (Lions, Rotary, Kiwanis Noon Club, Soroptomist and Kiwanis Sunrisers) for their contributions towards a youth boating program. The clubs have pledged that the proceeds from their Rokisoki Regatta will be used for the implementation of this youth program. Mrs. Young moved, seconded by Mr. Sizemore, that the Resolution be adopted and given Resolution No. 1317. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Voucher Approval 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, 1994, and June 16, 1994 are now approved for payment by the City Council as of this date, June 20, 1994. Council vote is unanimous. Claim Vouchers June, 1994 Warrant Numbers 37688 through 37847 in the total amount of $353,812.96 Building for the Arts Program: Application Mayor Maxwell introduced Mrs. Maria Petrish, President of the Anacortes Arts Foundation. Mrs. Parrish presented a request for a letter of support from the City Council as part of a "Building for the Arts" grant from the Department of Community, Trade, and Economic Development. The letter would affirm the positive long-term lease relationship between the City and the Foundation for the Depot building. Mr. Jackson, after complimenting the Foundation for its continuing efforts to restore the Depot building and to provide a home for the arts, moved to authorize staff to prepare such a letter. Mr. Rock seconded the motion. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Draft Resolution - Approval of Skagit County Solid Waste Comp Plan Update Mr. Sizemore moved, seconded by Mr. Parrish, (A) that the Draft Resolution outling the conditions under which the Anacortes City Council will approve the Skagit County Comprehensive Solid Waste Management Plan Update, April, 1994, be adopted and given Resolution No. 1316; (B) paragraph 8 be amended to read, "It is hereby resolved by the City Council of the City of Anacortes that the following conditions be met by Skagit County prior to our approval of the SWMP:"; (C) paragraph (1) shall read "Skagit County Commissioners will commit, in writing, to establish Solid Waste Disposal or Collection Districts by September 1, 1994, or to reallocations of County reserves or other means to ensure that all County residents (urban and rural) pay an equitable share of the costs of Inman Landfill closure/monitoring and the liquidation of the Incinerator bonded debt."; and (D) paragraph (2) shall read "Skagit County Commissioners will provide Anacortes with detailed breakdown, acceptable to Anacortes, of tipping fees it proposes to charge Anacortes for the transfer and long haul of solid waste. Determination of the adequacy of said breakdown shall be at the discretion of Anacortes." Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Executive Session At approximately 9:15 p.m., Mayor Maxwell announced that the Council would convene in Executive Session to discuss firefighter negotiations. At 10:15 p.m., the Council reconvened and without taking any further action, the meeting was adjourned. Geor a htan, City ee-Treasurer -;v -AAt,� 716" H. Dean Maxwell, Ma2for 1085 July 5, 1994 Mayor Maxwell called the meeting of July 5, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mr. Parrish moved, seconded by Mr. Sizemore, that the minutes of June 20, 1994 be approved with a correction on page 2 showing that Mr. Christiansen voted "no" with regard to the Adult Family Home amendment. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings On behalf of Shell Oil Company, Mr. Fran Bulawa, Supervisor, Human Resources, presented a $10,000 contribution for the Fidalgo Center. Mrs. Robin Sherman, consultant for the Fidalgo Center, expressed appreciation for this contribution. Mr. John Olsen, 1710 24th Court, spoke against an increase in TCI Cablevision rates. Correspondance Mrs. Robinette presented the Mayor with a copy of a letter written by Mrs. Robinette and addressed to Mr. Bob Hart, Skagit County Commissioner. Senior Center Financing Alternative by HFC Ms. Claire Petersky, Washington State Housing Finance Commission, presented an overview of the history and function of the Commission. With regard to the Anacortes Fidalgo Center, this non-profit capital project is well within the Commission's Charter. Further, the Commission,could,issue bonds for this project through the Commission's Streamline Tax Exempt Placement (STEP) program. Ms. Petersky then answered questions from the Council. Ms. Robin Sherman and Mr. W.V. Wells, Advisory Board spoke to the enthusiasm of the Senior Advisory Board for this project. Resolution - Lease Agreement - Fidalgo Park and Recreation District Mr. Rock moved, seconded by Mrs. Young, that a Resolution authorizing and directing execution of a lease by and between Fidalgo Park and Recreation District as lessor and the City of Anacortes as lessee be adopted and given Resolution No. 1318. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Construction Contract Approval - Fidalgo Center Mr. Jim Pemberton, Director of Public Works, reported that the City opened 9 bids on June 28, 1994 for the Anacortes Senior Center (Fidalgo Center). A Steeing Committee reviewed the bids and recommends acceptance of the low bid of $872,000 from Elred and Essex Construction, Bellingham. Mr. Marc Estvold, Architect for the Fidalgo Center, discussed the project total budget of $1,285,000. Mr. Estvold reported on the positive background check of Elred and Essex. Mr. Estvold also thanked the Kiwanis and Mr. Bill Wooding for their contributions to this project. After discussion Mr. Rock, moved, seconded by Mr. Jackson to approve acceptance of the Elred and Essex base bid of $872,000 and to accept the alternate bids. Mrs. Robinette moved to amend the motion to approve the bids contingent upon written agreement between the Senior Center and Washington Federal Savings. Motion died for lack of a second. Vote: Ayes - Jackson, Christiansen, Rock, Parrish, Young, Sizemore. No - Robinette. Motion carried. Public Hearing - Federal HUD Block grant - Anacortes Brewhouse Mayor Maxwell opened. the Public Hearing to consider participating in the State Development Loan Fund by making a "pass through" loan of funds in the amount of $70,000 from the Federal HUD Block Grant Program to the Anacortes Brewhouse, a proposed brew pub at 320 Commercial Avenue. Mr. Don Wick, EDASC, introduced Mr. Dave McFadden, loan officer for the Department of Trade. Mr. McFadden clarified that the purpose of the loan fund is to promote economic development and job creation. Also he reviewed the local jurisdiction's responsibility should the City decide to support the loan. Ms. Linda Spicher and Mr. Paul Wasik, owners of the Anacortes Brewhouse, discussed the business' financial status and development plans. July 5, 1994 - continued Mr. Steve Mansfield, City Attorney, discussed the City's liability, and from a legal standpoint, recommended approval of the project. Mr. George Khtaian, Finance Director, had no administrative concerns with regard to this project based on the understanding that this was simply a "pass through" loan. There were no further comments and the Major declared the Public Hearing closed. The required second Public Hearing on this matter will be held on Monday, July 18, 1994. Students at Risk Program Mr. George Khtaian, Finance Director, presented the Interlocal Cooperative Agreement for the Students At -Risk Program for 1994/1995. Mr. Khtaian explained that the City support for this program began in 1991 and the cost is $6,500. The contract runs from July 1 to July 1. Mrs. Robinette raised the concern that a portion of this contract amount involves 1995 funds; the Director pointed out that this contract can be terminated by either party through the provision of 30 days written notice of intent to discontinue should 1995 funds be in question. With the understanding that the 1995 contract amounts have not been approved through the budget process, Mr. Parrish moved, seconded by Mr. Jackson to approve the Students -At -Risk funding request in the amount of $6,500 and that the Mayor be authorized to sign the Interlocal Cooperative Agreement for the City of Anacortes. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Model Traffic Ordinance Mr. Steve Mansfield, City Attorney, presented an Ordinance to Council recommending that the City adopt the Model Traffic Ordinance. Mr. Mansfield explained that this update is due to extensive changes in the State traffic code. Mr. Sizemore moved, seconded by Mr. Jackson, to adopt Ordinance No. 2324 adopting the Washington Model Traffic Ordinance and other traffic statutes to regulate traffic on the highways of the City of Anacortes. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Resolution - Authorized Representative - NPDES Mr. Jim Pemberton, Public Works Director, presented a Resolution to Council that would approve Mr. John Franz as the duly authorized representative to sign all reports required by the NPDES Permit issued to the City of Anacortes. Mr. Rock moved, seconded by Mr. Sizemore, that Resolution No. 1319 be adopted. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Settlement Agreement - City/Wilson Mr. Steve Mansfield, City Attorney, presented a General Release and Settlement Agreement between Kristi Wilson and the City of Anacortes. Mr. Mansfield pointed out that this matter had been previously reviewed by Council in Executive Session. The settlement is for additional compensation owed to Ms. Wilson pursuant to the Fair Labor Standards Act and the Washington Minimum Wage and Hour Act; specifically for overtime expended in caring for the City of Anacortes police dog while Ms. Wilson was designated as the dog handler for the Police Department. The settlement amount if $18,750.00. Mr. Jackson moved, seconded by Mr. Christiansen, to ratify this settlement. Mr. Rock protested this action. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Parrish. No - Rock. Motion carried. Request for Consultant Services - Odor Control/Skyline Conveyance System Mayor Maxwell reviewed the odor control system at the West end pump station located at 12th Street and "B" Avenue. The Wastewater Treatment Plant operators have attempted different methods to control the odor without satisfactory results. Mr. Jim Pemberton, Director of Public Works, discussed negotiating an amendment to the CH2M Hill existing contract for the Secondary Wastewater Treatment Plant to develop an appropriate solution to the odor control problem and to prepare plans and specifications for the project. Mr. Pemberton reported that the 1994 budget contains $135,000 for this project. Discussion followed regarding responsibility for the correction of this problem. Mr. Sizemore moved, seconded by Mr. Parrish, to authorize staff to begin the consultant selection process and to research the original contract for odor control accountability. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Mr. Fred Ableman, 1211 "B" Avenue, thanked the Council for taking action to correct this problem. 1087 July 5, 1994 - continued Voucher Approval 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, 1994, and June 30, 1994 are now approved for payment by the City Council as of this date, July 5, 1994. Council vote is unanimous. Claims Vouchers Jun, 1994 Warrant Numbers 37855 through 37982 in the total amount of $154,890.71 Resolution - Setting Public Hearing Date for the "F" Avenue Vacation Mr. Rock moved, seconded by Mr. Jackson, that Resolution No. 1320 setting August 1, 1994 as the Public Hearing date on a petition to vacate a portion of "F" Avenue be adopted. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Street Closures - Shipwreck Days Mr. Jim Pemberton, Director of Public Works, reported that the Traffic Safety Committe reviewed a request to close Commercial Avenue from 4th Street to 9th Street on July 16, 1994, Anacortes Shipwreck Days. The Committee has recommended approval subject to provisions for fire hydrant access and fire lane protection. Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the request. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Mayor Maxwell expressed appreciation for the 4th of July fireworks display. There being no further business, the meeting was adjourned at approximately 9:30 p.m. /rge hta4rir�,ityerk-Treasurer H.Dean Maxwell, Mayor / July 18, 1994 Mayor Maxwell called the meeting of July 18, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mrs. Young moved, seconded by Mr. Jackson, that the minutes of July 5, 1994 be approved as if read. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings Mrs. Beverly Ann Benedict, 2414 16th St., asked (1) why is the access road to Washington Park blocked off, and (2) why have the rabbits left Washington Park. Mr. Jim Pemberton, Public Works Director, answered Mrs. Benedict's questions regarding the improvements to Washington Park. Mr. John Olson, 1710 24th Court, discussed the Federal laws allowing cable companies to exercise the option to pass on franchise fee costs to the ratepayer. Mr. Olson reported that TCI Cablevision does pass those costs on to the ratepayer. Mr. Paul Shin, candidate for Representative, 2nd Congressional District, introduced himself to the Council and to the audience. Mr. Shin shared his experience growing up as an orphan in Korea to serving four Washington State governors in international trade. Correspondence Mayor Maxwell read a July 8, 1994 letter Chuck Tidrington, paramedic/firefighter for the Anacortes Fire Department. On behalf of the Fire Department, Mr. Tidrington expressed appreciation for the excellent Anacortes Police Department support during a July 3rd Anacortes fire. In particular, the letter thanked officers Gary Johnson, Emerson Nordmark, and Gary Schreffler. Councilmember Robinette presented Draft # 2 of Budget Policies in preparation for the July 25th Study Session on this matter. Public Hearing - Federal HUD Block Brant - Anacortes Brewhouse Mayor Maxwell opened the second Public Hearing to consider participating July 18, 1994 - continued in the State Development Loan Fund by making a "pass through" loan of funds in the amount of $70,000 from the Federal HUD Block Grant Program to the Anacortes Brewhouse, a proposed brew pub at 320 Commercial Avenue. The first Public Hearing was held on July 5, 1994. Mr. Don Wick, Economic Development Association of Skagit County, 204 Montgomery, Mt. Vernon, asked for further comments or questions. Mr. Wick further explained the Block Grant Program and the City's level of participating in this program. Ms. Melanie Shaw, Director, Chamber of Commerce, emphasized the contribution this type of business could make to the Commercial Avenue business district. Ms. Linda Spicher, 320 Commercial Avenue, General Manager of the Anacortes Brew Pub, announced that the Brew Pub is now open for business. Mr. Steve Mansfield, City Attorney; clarified the "pass through" process. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Rock moved, seconded by Mr. Sizemore, that a Resolution entitled "A Resolution of the City Council of the City of Anacortes Authorizing Submission of an Application to the State of Washington for a Development Loan Fund (DLF) Project on Behalf of the Anacortes Brewhouse, Inc." be adopted and given Resolution No. 1321. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. CONSENT AGENDA Mr. Christiansen moved, seconded by Mr. Sizemore, that the Consent Agenda for July 18, 1994 be approved. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. a. Voucher Approval 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, 1994, and July 14, 1994 are now approved for payment by the City Council as of this date, July 18, 1994. Claims Vouchers: July, 1994 - Warrant numbers 37986 through 38126 in the total amount of $496,357.34 Payroll: June, 1994 - Warrant numbers 34181 through 34427 -in the total amount of $392,570.50 Benefit Payroll: June, 1994 - Warrant numbers 37848 through 37852 in the total amount of $127,521.88 Draw Payroll: June, 1994 - Warrant numbers 34043 through 34180 in the total amount of $67,024.00 Prewritten Claims: January - $31,756.26, warrant numbers 36097-36102, 36292-36294, 36301; February - $5,581.59, warrant numbers 36302, 36441- 36443, 36445, 36587; March - $1,964.44, warrant numbers 36594-36595, 36731-36732, 36734, 36879; April - $4,266.22, warrant numbers 36886, 37036-37038, 37204-37205; June - $16,013.50, warrant numbers 37516- 37517, 37686-37687, 37853. b. Warrant Cancellation Cancellation of Warrant 437442 in the amount of $25.75. c. Setting Public Hearing Date Resolution No. 1311 setting August 15, 1994 as the public hearing date on a Petition to Vacate a portion of 17th Street. d. Street Closures East half of 7th Street between "Q" Avenue and Commercial and the parking strip on the west side of "Q" Avenue between 7th and 8th Streets for the annual salmon barbecue on August 19, 20, and 21; Commercial Avenue from 5th Street to 10th Street and 7th Street from "0" Avenue to the Depot on August 6 and 7, beginning the evening of August 5 for the Arts and Crafts Festival; 10th Street between Commercial and "Q" Avenue, August 6 for the Corvette Show; Commercial Avenue' from 4th Street to the south side of 9th Street and the west half of 7th Street from Commercial to "Q" Avenue, Roskisoki Regatta, August 20. Event promoters have agreed that fire access will be provided and all fire hydrants will remain available. 1089 July 18, 1994 - continued e. Appointment to Library Board - Mr. Paul Topper Council confirmation of appointment of Mr. Paul Topper to the Library Board. Public Hearing - 6 -Year TIP Mayor Maxwell opened the public hearing to review and taken comments on the annual update of the City's Transportation Plan. Mr. Jim Pemberton, Director of Public Works, reported that the Transportation Plan is a mirror image of the Capital Facilities now under review by Council. Mr. Pemberton listed the following transportation capital cost items: "D" Avenue improvements.;, "R" Avenue/SR 20 On -Ramp; Anacopper Mine Road; Miscellaneous pavement 0verrays;9'A 32nd Street (Commercial to "R" Avenue); 13th Street; Oakes Avenue - 12th Street; Minnesota Avenue. There was no public comments and the Mayor declared the public hearing closed. Discussion followed regarding project funding, increasing miscellaneous overlay budget and Minnesota Avenue paving. After discussion, Mr. Parrish moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Adopting a Revised and Extended Comprehensive Street Program" be adopted and given Resolution No. 1322. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Authorization to Bid Cranberry Dam Safety Improvements and to Retain Landau During Construction Phase Mr. Gordon Bruchner, City Engineer, reported to Council that the Cranberry Lake Dam Safety Improvements Design has been approved by the Dam Safety Division of the Department of Ecology, and that the appropriate shoreline, DNR and SEPA applications have been submitted. Mr. Bruchner requested Council approval to bid this project. Mr. Bruchner further requested authorization to enter into negotiations with Landau and Associates for limited construction phase professional services. Mr. Sizemore moved, seconded by Mr. Parrish, to authorize staff to begin bidding procedures and to enter into negotiations with Landau and Associates for professional services related to this project. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Consideration of Bids, Anaco Beach Sewer L.I.D. Pump Station Mr. Gordon Bruchner, City Engineer, recommended Council award the Anaco Beach Sewer Pump Station project to Pacific Western, Mount Vernon, in the low bid amount of $40,555.00. Mr. Parrish so moved, seconded by Mrs. Young. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Consideration of Bids, Campbell Lake Road Waterline L.I.D. Mr. Gordon Bruchner, City Engineer, recommended Council award the Campbell Lake Road Waterline project to Silgar Construction, Mount Vernon, in the low bid amount of $95,747.86. Mr. Jackson so moved, seconded by Mr. Sizemore. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. At approximately 8:30 p.m., Mayor Maxwell continued the July 18, 1994 City Council meeting to Monday, July 25, 1994 at 7:30 p.m. Continued Meeting of July 18, 1994 held on July 25, 1994 Mayor Maxwell called the meeting of July 25, 1994 to order at 7:30 p.m.. This was a Continued Meeting from July 18, 1994. Roll call found present: Ted Parrish, Rosemary Young, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Award Bid - Anaco Beach Road Improvement (continued item from July 18) Mr. Gordon Bruchner, City Engineering Manager, stated that four bids were received, with Comm-Exco Construction of Mt. Vernon being the low bidder at $460,248.90. The roadway bid is within budget, the bikeway bid is $12,000- 13,000, which Mr. Pemberton, Public Works Director, said could be made up from arterial street funds. There was some discussion on the "Bikeway Alternative" of $25,450.00 which brings the bikeway from Bryce Drive to end of the project. It was moved by Mr. Parrish, seconded by Mr. Rock, to approve acceptance of the Comm-Exco Construction bid of $460,248.90 for the roadway, bikeway, and Continued Meeting of July 18 held on July 25, 1994 - continued 1090 bikeway alternative. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Minutes of Previous Meeting Mrs. Robinette pointed out a minor type correction --change "Dock" to "Don" Wick, Mr. Jackson moved, seconded by Mr. Sizemore, that the Minutes of July 18, 1994, with correction, be approved. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Truck Routes Committee Mr. Jim Pemberton, Public Works Director, related to Council the makeup of the committee which will be reviewing the 1976 ordinance designating truck routes within the City. Particular attention will be given to the route associated with the shipping of petroleum coke from Texaco Refinery routing to the Port of Anacortes. The committee will consist of 10 people: Dan Stahl, Mike Hardy, Bob Stockdale, Ron Rosenberger, Joe LaBlonde, Gary Sawyer, Ray Sizemore, Dave Ford, Jim Pemberton, and a fire department representative. It was moved by Mr. Rock, seconded by Mr. Parrish, to approve acceptance of the committee makeup. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Meeting ended around 7:50 p.m. Council then went into regular Study Session. ��e Kky�aian�yClerk-Treasurer H. Dean Maxwell, Mayor August 1, 1994 Mayor Maxwell called the meeting of August 1, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Rosemary Young. Roll call was followed by the Pledge of Allegiance to the Flag. Welcome to Participants of the First Anacortes/Kisakata Youth Exchange Mayor Maxwell opened the welcoming ceremony by reading a Proclamation proclaiming the week of August 1, 1994 through August 7, 1994 as Youth Appreciation Week in Anacortes. The Mayor then presented the Proclamation to Mayor Kon of Kisakata Town, Akita Prefecture, Japan. Miss Noriko Okazaki read the Proclamation translation. On behalf of the fifteen students and seven official representatives visiting Anacortes, Mayor Kon thanked the City Council and Sister Cities Organization for the warm welcome and consideration offered during this first student exchange. Mayor Kon introduced Mr. Michael Horn of the Kisakata group. Mr. Horn, a recent graduate of the University of Washington, teaches in Kisakata. Interpreting for Mayor Kon, Mr. Horn described Kisakata Town and shared Mayor Kon's hopes for establishing a Sister City relationship with Anacortes and to create lasting friendships. Ms. Melanie Shaw, Director of the Chamber of Commerce, greeted the guests and presented gifts from the Chamber to all the exchange participants. At the end of the presentation the Kisakata students permied a spirited dance for the audience. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Christiansen, that the minutes of the July 25th continued July 18, 1994 meeting be approved as if read. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings No one in the audience wished to testify on matters not on the agenda. Wishing her a speedy recovery, Mayor Maxwell reported that Councilwoman Rosemary Young is is the hospital. Additionally, the Mayor announced that there will be a meeting with the City Council and County Commissioners on August 12, 1994. Correspondence Councilmember Robinette discussed a letter from Lois Elber. Mayor Maxwell asked that Mrs. Robinette head a committee to investigate the concerns raised by Mrs. Elber. 09 1August 1, 1994 - continued CONSENT AGENDA Mr. Parrish moved, seconded by Mr. Sizemore, that the Consent Agenda for August 1, 1994 be approved. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Sizemore. Motion carried. a. Voucher Approval The following vouchers/warrants audited and Auditing Officer (Finance Director) and approved by the Council Finance Committee on 1994 are now approved for payment by the City August 1, 1994. certified by the City's subsequently reviewed and July 21, 1994 and July 28, Council as of this date, Claims Vouchers: July, 1994 - Warrant Numbers 38136 through 38288 in the total amount of $192,059.01 b. Anacortes Lodge No. 1204 Street Closure Request The closure will be 7th Street from Commercial Avenue to "0" Avenue on August 13, 1994 for the First Annual Elks Chili Cookoff, 7:00 a.m. until 7:00 p.m. c. Resolution - Policies to Guide 1995 Budget Preparation Resolution No. 1324 entitled "Policies to Guide 1995 Budget Preparation." (Section 4 amended to read: "Departments which, having following their capital improvement plan, and through efficiencies, underspent line items, may apply those funds to other needs if found appropriate or may, in effect, carry over a percentage of those "savings" toward a special 1995 project.") d. Reappointment to Museum Board Council confirmation of reappointment of Mrs. Sue Lehman and Mr. Lewis Jones to the Museum Board. Public Hearing - Street Vacation - Reinstra/Hill - Portion of "F" Avenue Mayor Maxwell opened the Public Hearing to review and take comments on a Petition to vacate that portion of "F" Avenue abutting Lot 10, Block 3 and Lot 1, Block 6, Davis' First Addition submitted by Mr. Maynard Hill and Mrs. Nancy Reinstra. Mr. Jim Pemberton, Director of Public Works, presented an overhead display of the right-of-way to be vacated and reported that the Board of Adjustment voted unanimously to recommend approval of this request. Mr. Pemberton reported that this portion of "F" Avenue is not improved; he then pointed out that there is adequate sanitary sewer access in the alley between "D" and "G" Avenues. Mr. Maynard Hill, 2003 12th Street, petitioner, spoke in favor of the vacation and discussed the compensation required should the street be vacated. Mrs. Nancy Reinstra, 1919 12th Street, petitioner, said that she would continue to use this right-of-way for parking if the vacation was approved. There were no further comments and the Mayor declared the Public Hearing closed. Councilmembers asked general questions regarding property owner rights, City policy regarding street and alley vacations, and attaching conditions to the right-of-way vacation. After discussion, Mr. Jackson moved, seconded by Mr. Rock, to approve the vacation of "F" Avenue abutting Lot 10, Block 3 and Lot 1, Block 6, Davis' First Addition to Anacortes. Votes: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore, Jackson. Motion carried. Latecomer Agreement - Regeczi Mr. Jim Pemberton, Director of Public Works, reviewed the latecomer agreement application submitted by Mrs. Lydia Regeczi for the extension of a sanitary sewer on Hartford Avenue from Oakes Avenue south to the alley between West 2nd Street and Oakes Avenue. The sewer extension is complete, all affected property owners have been notified and been given an opportunity to request a public hearing before the City Council. No requests were received for a public hearing. Mr. Pemberton then recommended to the Council that the Latecomer Agreement, as presented to Council, be accepted and made a matter of record. After discussion, Mr. Jackson moved, seconded by Mr. Rock, that the Regeczi Sewer Extension Latecomer Agreement be accepted. Vote: Ayes - Robinette, Rock, Parrish, Sizemore, Jackson, Christiansen. Motion carried. August 1, 1994 - continued Latecomer Agreement - Goode Mr. Jim Pemberton, Director of Public Works, reviewed the latecomer agreement application submitted by Mr. and Mrs. Goode for the extension of a sanitary sewer currently constructed as part of L.I.D. 4203, Anaco Beach Road Sewer Extension. Staff recommends that the Latecomer Agreement, as presented to Council, be accepted and made a matter of record. Mr. Jackson so moved, seconded by Mr. Christiansen. Vote: Ayes - Rock, Parrish, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Resolution Approving Job Description - Human Resources Director Ordinance Updating Salary Grade - Human Resources Director Mayor Maxwell announced that Mrs. Sue Koegel, Personnel Director, resigned her position effective July 31, 1994. After thanking Mrs. Koegel for her efforts as Personnel Director, Mayor Maxwell explained that it was an appropriate time to revise the duties and responsibilities of this position. For example, Mayor Maxwell discussed the City's need for a person with risk management background to fill this position. The Council and Mayor reviewed the proposed job description in detail. Mr. Sizemore objected to the "no smoking" off -the -job restriction. Council also discussed the proposed job duties including contract negotiations. Mrs. Robinette suggested that the job description be reviewed at Study Session. After lengthy discussion Mr. Parrish moved, seconded by Mr. Jackson, that with the following amendment Resolution No. 1325 be adopted: "Qualifications: Technical - 1) Education. Bachelors degree from an accredited college or university with major course work in human resources management, industrial relations, business administration or related field and five or more years of increasingly responsible human resources or industrial relations experience. (In exceptional circumstances, especially relevant experience might substitute for the Bachelors degree.) Four years of Collective Bargaining experience." Vote: Ayes - Parrish, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Mayor Maxwell then presented an Ordinance that would establish the salary grade for the newly created job description, Human Resources Director. Mr. George Khtaian, Finance Director, presented a review of the 1994 AWC Salary Survey showing the pay ranges in other cities under "Human Resources Director." Mr. Jackson moved, seconded by Mr. Sizemore, that Ordinance No. 2315 entitled, "An Ordinance Updating the 1994 Non -Union Salary Schedule with a Revised Grade for Position of Human Resources Director" be adopted. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. There being no further business, the meeting was adjourned at approximately 10:00 P.M. Ge AKht an, City Clerk -Treasurer August 15, 1994 -// A,,,i4&� H. Dean Maxwell, M�(yor Mayor Maxwell called the meeting of August 15, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock, and Rosemary Young. Minutes of Previous Meeting Mr. Parrish moved, seconded by Ms. Young that the minutes of the August 1, 1994 meeting be approved as if read. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, and Young. Motion carried. Citizen Hearings No public comments were submitted. Correspondence There was no correspondence to bring before the City Council other than correspondence directed at agenda items. x.®92 1093 August 15, 1994 - continued Resolution - Bay -Wide Plan for Fidalgo Bay Under Unfinished Business, Mayor Maxwell asked the City Council to pass a resolution endorsing the development of a Bay -Wide Plan for Fidalgo Bay. The Planning Director elaborated that this Plan, if it was prepared, would be done jointly by the Port of Anacortes, the City of Anacortes, State regulatory agencies, and property owners on Fidalgo Bay. He added that the resolution basically extends an invitation to State regulatory agencies and, if they respond positively, the details relative to preparation of a bay - wide plan will come back to the City of Anacortes and the Port of Anacortes for appropriate action. Finally, if was pointed out that to be effective this resolution would also need to be passed by the Port of Anacortes Commissioners. After discussion, Mr. Jackson moved that Resolution #1326 be adopted. The motion was seconded by Mr. Rock. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. Acceptance of Anaco Beach Sewer Lines Mr. Gordon Bruckner, City Engineer, addressed the issue of acceptance of the Anaco Beach Road sewer line. Mr. Bruchner recommended acceptance of the project which will begin the required 30 -day advertising period for liens filed against the project. Mr. Bruchner pointed out that if no liens are received the, retainage monies now held (5%) will be released and paid to ASAPH, Inc. After discussion, Mr. Parrish moved that the project be accepted as recommended. The motion was seconded by Mr. Sizemore. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Bid Award - San Juan Hill Waterline Mr. Bruchner addressed the issue of bids on the San Juan Hill waterline replacement. He recommended that the project be awarded to Lyrch and Associates for the bid amount of $46,450.00. Mr. Bruchner added that after consideration of the tasks required to remove, haul, store, and dispose of the old pipelining and eventually get rid of the pipe, it was further recommended that the Council accept the Lyrch and Associates' value for the alternate in the amount of $25,000 rather than tie up City crews, equipment, and valuable storage space. After discussion, Mr. Jackson moved that the Council accept the bid of Lyrch and Associates in the amount of $46,450.00 for the San Juan Hill waterline replacement and that Lyrch and Associates' alternate for disposal also be accepted for the fixed price of $25,000. The motion was seconded by Mr. Christiansen. Vote: Ayes - Robinette, Rock, Parrish, Young, Sizemore, Jackson, Christiansen. Motion carried. Bid Award - Chemical Injection Vault Mr. Bruchner addressed the issue of bids for the chemical injection vault project. He recommended that the project be awarded to Pacific Wester for the bid amount of $69,413.00. After discussion, Mr. Christiansen moved that the bid be awarded to Pacific Western in the amount of $69,413.00. The motion was seconded by Mr. Sizemore. Vote: Ayes - Rock, Parrish, Young, Sizemore, Jackson, Christiansen, Robinette. Motion carried. The Council then turned to consideration of New Business. Voucher Approval 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 and August 11, 1994 are now approved for payment by the City Council as of this date, August 15, 1994. The motion for approval was made by Mr. Sizemore, seconded by Mr. Parrish. Council vote was unanimous. Claims Vouchers: August, 1994 - Warrant numbers 38292-38433 in the total amount of $321,150.64. Payroll: July, 1994 - Warrant numbers 34596-34818 in the total amount of $403,170.55. Benefit Payroll: July, 1994 - Warrant numbers 38130-38155 in the total amount of $134,177.13. Draw Payroll: July, 1994 - Warrant numbers 34428-34567 in the total amount of $68,124.00. Pre -written Claims: July, 1994 - Warrant numbers 37983-37985, 38122, 38129 in the total amount of $25,488.12. � M I August 15, 1994 - continued Ordinance - Street Vacation - Portion of "F" Avenue Mr. Sizemore also moved for approval of Ordinance #2326 vacating that portion of "F" Avenue lying between and adjacent to Block 6 and Block 3 of Davis's First Addition to the City of Anacortes. Mr. Parrish seconded the motion. It was pointed out that this action implemented the direction set by the City Council at their previous meeting after a public hearing on this matter. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Public Hearing - Nemitz/School District - 17th Street Between "H" and "J" Avenues Mayor Maxwell then opened a public hearing on a proposal by the Nemitzs and the Anacortes School District to vacate 17th Streets between "H" and "J" Avenues. Mr. Jim Pemberton, Director of Public Works, pointed out that the new athletic complex that the Anacortes School District was developing at the south end of Volunteer Park would, as currently proposed, encroach into 17th Street between "H" and "J" Avenues. Accordingly, an accommodation had been reached between the School district and neighboring property owner such that the property would be vacated by the City at no charge and the School District would be responsible for providing appropriate access to the new athletic complex. He added that this revised access approach had the approval of the Nemitzs, the School District, and City staff. Additionally, the Board of Adjustment, after public hearing, had recommended approval. After discussion, Mr. Sizemore moved that the requested street vacation be granted. The motion was seconded by Mr. Rock. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Public Hearing - Horizon Heights - Divisions III & IV Mayor Maxwell opened a public hearing on a preliminary plat application for the proosed Horizon Heights Divisions III & IV. This proposed 81 unit residential subdivision would be located at the southwest corner of 32nd & "H" Avenue. Mr. Munce, City Planning Director, presented the Planning Commission's recommendation together with Exhibits A, B, and C. He then forwarded to the City Council Exhibit D, a letter from an attorney representing some of the neighbors, and Exhibit E, a letter from Mr. Stephen Mansfield, City Attorney. Mr. Munce summarized the project, the review that had been conducted to date, and the background to the conditions recommended by the Planning Commission. Mr. John Leonard, engineer for the applicant, requested that the City authorize a three -lot short plat of the subject parcel in order to segregate two pieces of property owned by Mr. and Mrs. Ray Jones prior to subdividing the third parcel as proposed in this evening's application. The Planning Director confirmed that this additional step could be accomplished through the submission of a short plat application prior to City Council action on the final plat. Mr. Leonard then submitted a plat map for Horizon Heights Division II (Exhibit F) and the convenants for Horizon Heights Division II (Exhibit G). Mr. Leonard stated that he was submitting these exhibits to support his position that, contrary to submissions made in Exhibit D; there were no height restrictions on Horizon Heights Division II. Mr. George Livesey, attorney for Mr. and Mrs. Jones, spoke of his clients' need to have the short plat, requested by Mr. Leonard, incorporated into this subdivision consideration. Mr. Livsey added that with the addition of this procedure his clients supported the project. Mr. Tony Bigge spoke to the need to limit the height of preposed residences adjacent to Down Jones Way. He sited aesthetic compatibility and view blockage. Ms. Beverly Ann Benedict asked the Council to ensure that water runoff was properly addressed in relation to the concerns of the residences of 37th Street. Mr. Bill Testerman spoke to the need to have a sidewalk or sidewalks extended between "I" and "J" Avenues between 29th and 32nd Streets. Mr. Steve Neitzel spoke in favor of a one-story height restriction. Mr. Chinh Luu stated that there was a potential traffic problem associated with this project. He urged the Council to add traffic signals at the intersection of 32nd & "I" Avenue and to add a sidewalk as proposed by Mr. Testerman. There being no further public comment, the public hearing was closed. In response to questions from Council members, the City Attorney stated that his review revealed that there were no heights restrictions on either Division II or on the land subject to this proposed subdivision. Mr. Mansfield also stated that the City could limit building heights based on appropriate, specific findings. Also.in response to questions from the Council, the City Public Works Director, Mr. Jim Pemberton, stated that his deparmtnet had concluded that no traffic signal was needed for the intersection of 32nd & "I" at this time and that the proposed street accesses to this proposed plat were adequate. After discussion, Mr. Parrish moved that the City Council approve this preliminary plat as submitted with the following conditions: the 26 conditions 1095 "August 15, 1994 - continued proposed by the Planning Commission, a condition 4427 as proposed by the City Attorney, and a condition 4428 that would read as follows: "All lots on the south side of proposed street 'B' shall be limited to single story residences." The motion was seconded by Mr. Rock. Mr. Christiansen spoke against height limitation and in favor of a 4 -way intersection at 32nd & "I" and in favor of installing a sidewalk on "I" and "J" avenues between 29th and 32nd Streets. Mr. Parrish stated that the rationale for his proposed condition 4428 was that without this condition, adjacent property owners to the the south would lose a measure of privacy and would lose a portion of their view. Additionally, he stated that these losses would negatively affect their property values. Ms. Robinette pointed out that residents to the south of the proposed plat can currently build two-story structures and that she would support a density transfer on-site to offset a height restriction adjacent to Down Jones Way. Mr. Jackson then moved that Mr. Parrish's motion be amended by deleting the height limit and including a 4 - way stop sign at 32nd & "I". Ms. Robinette seconded the motion. Vote: Ayes - Jackson, Christiansen, Robinette. No - Parrish, Young, Sizemore, Rock. The amended motion failed. The Mayor then called for a vote on the main motion as presented by Mr. Parrish. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Parrish, Young. No - Jackson. Motion carried. Public Hearing - Clyde Creek Estates The 'Mayor opened a public hearing on the preliminary plat and conditional use applications for Clyde Creek Estates. This proposed prject consists of 12 lots on 10 acres located at the 4200 block of Clyde Way. Mr. Munce, City Planning Director, presented the Planning Commission's recommendations together with Exhibits A-E. The Planning Director noted that the Planning Commission had recommended approval subject to 16 conditions. Mr. Munce distributed Exhibits F -I. He also pointed out that in response to neighbors' concerns the applicant was agreeable to a condition #17 that would read as follows: "All lots in this subdivision shall be single family." Mr. John Leonard, engineer for the applicant, then described the project in detail. Ms. Betty McSpadden identified the follwoing issues: 1) issues regarding wetland protection, 2) stormwater management issues, 3) issues regarding wildlife, 4) potential access problems in bad weather if a 16% slope is utilized, and 5) potential fire danger, including a concern that the proposed sprinkler systems might not function properly. Mr. Robert Hawkins expressed concerns about potential impacts to the wetlands on the site. Ms. Beverly Ann Benedict urged the Council to thoroughly address the neighborhood concerns. Mr. Roy Dyer expressed concerns relative to wetlands and wildlife habitat and the need to have consistency with development already present in the neighborhood. Mr. Dyer went on to state that he does support the proposed 2 -acre dedication of open space and the associated buffers. He requested that the buffer areas be extended around the whole site. Ms. Dorothy Evans stated than an access road should not be permitted through the wetland. Ms. Gina Dyer asked that all trees over 35' tall should be preserved, that the 25' buffer zone should be extended along the westerly boundaries of Lots 2, 3, and 4, that traffic and fire issues be more thoroughly addressed, and that wetland encroachment not be permitted. Mrs. McSpadden stated that a second way in or out should be required. Mr. Nick Mavar, one of the two proponents, stated that he had developed Skyline Division 21, that this was generally accepted as having been done well, and that this project would be done to the same standard. Ms. Marthat Clure spoke in support of property owners being allowed to develop their property consistent with existing zoning and existing zoning rights. Mr. Richard Loser expressed concern about drainage flow management. The public hearing was closed. In response to Council questions, the Planning Director outlined his rationale for recommending that a conditional use be issued for wetland encroachment. Mr. Munce stated that the wetland and its buffers potentially isolated one acre of property, that this property was zoned for four units per acre, that the applicant was propposing only one house on this acre, that the "takings" clause of the Federal Constitution was generally held to require that property owners have some reasonable, beneficial use of their property and that the proposed intrusion into one corner of the existing wetland had been determined by the Planning Commission to be the minimum intrusion required. Also in response to questions from the Council, Mr. Jim Pemberton, Public Works Director, recommended that the following wording be added to condition #7 after changing the period to a semicolon: "all stormwater management measures shall be taken as mandated in the Puget Sound Surface Water Manual." Ms. Young moved that the preliminary plat for this project be approved subject to the 17 conditions developed by the Planning Commission and through this public hearing discussion, that the Subdivision Ordinance standards regarding grades be modified to permit at 16.1% grade subject to August 15, 1994 - continued the condition that all the homes be sprinkled, and that a wetland conditional use permit be granted as requested to access Lot 1. The motion was seconded by Mr. Sizemore. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Conditional Use Application - Kilpatrick The Mayor opened a public hearing on a proposal by the Kilpatricks to locate a residence on 6,000 square feet in the Residential Low Density Zone where the minimum lot size is normally 7,500 square feet. The street address of this application is 2315 11th Street. The Planning Director presented the Planning Commission's recommendation together with Exhibits A -C. The Planning Commission Exhibit 3-6 were photographs that were presented to the City Council at the meeting. All other exhibits were transmitted with the agenda package to the Council. The Planning Director presented the Planning Commission's recommendation. Mr. Tom Moser, attorney for the applicant, presented photographs of the neighborhood mounted on three separate pieces of poster board. Later in the evening he also presented three pages of extracts from the City Zoning Ordinance. The latter is Exhibit J and the former is Exhibit K. Mr. Winston Thomas, designer for the applicant, presented three pages of profiles relative to the different options considered by the Kilpatricks; these three pages are Exhibit I. During Mr. Thomas's presentation it emerged that the Planning Commission's recommendation would hold Mr. Kilpatrick to a residential structure approximately 18 1/2' high whereas in the latest proposal by Mr. Kilpatrick, Mr. Thomas had designed a building of approximately 22 1/2' in height. Mr. Mike Kilpatrick and Ms. Sally Kilpatrick spoke against the Planning Commission's recommendation and in support of a 22 1/2' height limit. Ms. Leslie Mahoney spoke in opposition to any change from the Planning Commission's recommendation. Ms. Martha Clure asked that the City Council adhere to the current requirements in the zoning code. Ms. Eileen Kilpatrick explained that she and her husband originally had a 4,500 square foot lot with their family residence on that, and in 1976 bought a 6,000 square foot adjacent lot. Mrs. Kilpatrick spoke in famor of Mike and Sally Kilpatrick's request and pointed out that views are not protected under currenty City ordinances. Mr. Carl Auchterlonie spoke in favor of the Kilpatricts' request. Ms. Jane Spaulding spoke against allowing a structure on the subject property. Ms. Lois Jones spoke in favor of the Planning Commission's recommendation. Mr. Tom Moser, attorney for the applicant, made some additional remarks. The public hearing was closed. After discussion, Ms. Robinette moved that the City Council accept the Planning Commission's recommendation and issue the conditional use permit subject to the conditions recommended by the Planning Commission. The motion was seconded by Mr. Parrish. During ensuing discussion, Mr. Jackson stated that he wished to support the latest design proposed by the Kilpatricks and moved that the main motion be amended to allow 22 1/2' for the proposed residential structure. This amendment was seconded by Mr. Sizemore. Vote: Ayes - Sizemore, Jackson, Rock. No - Christiansen, Robinette, Parrish, Young. The amendment failed. The Mayor then called for a vote on the main motion. Vote: Ayes - Sizemore, Jackson, Robinette,, Parrish, Young. No - Christiansen, Rock. The motion carried and. the conditional use was issued subject to the conditions recommended by the Planning Commission. Ms. Young left the meeting at this point. Mr. Christiansen disclosed a conflict on the next item and stepped down from the Council for this issue. Open Space Requirement - Schwenk Short Plat The Planning Director explained that the item now under consideration was what open space requirement should be placed on the Schwenk 9 -lot short plat. Mr. Munce explained that he was recommending that the open space required under the Subdivision Ordinance be provided on-site but that the Parks Director was recommending that the Park Fund receive cash in lieu of open space dedication. Mr. Munce and Mr. Robinson discussed the merits of their respective positions with the Council. At the end of this discussion Mr. Parrish moved that the open space be designated on-site as recommended by the Planning Director. The motion was seconded by Mr. Sizemore. Vote: Ayes - Parrish, Sizemore, Jackson, Robinette, Rock. Motion carried. Mr. Christiansen rejoined the Council. Setting a Public Hearing Date - Comprehensive Plan Amendments The Planning Director asked that the City Council formally establish September 6 as the public hearing date for 1994 Amendments to the City Comprehensive Plan. Mr. Sizemore moved that the City Council set September 6, 1994 at 7:30 p.m. in the City Hall Council Chambers as the place and time for a public 1097 August 15, 1994 - continued hearing to consider amendments to the City Comprehensive Plan 1993 as set out in the public notice before the Council. The motion was seconded by Mr. Rock. Vote: Ayes - Sizemore, Jackson, Robinette, Rock, Parrish, Christiansen. Motion carried. The meeting adjourned at approximately 11:30 p.m. Geo g Khta'an, Cit Clerk -Treasurer H. Dean Maxwell, Mayor September 6, 1994 Mayor Maxwell called the meeting of September 6, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock, and Rosemary Young. Minutes of Previous Meeting The minutes of the August 15, 1994 meeting were approved as if read on a motion by Ms. Young, seconded by Mr. Jackson. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Motion carried. Citizen Hearings Ms. Beverly Ann Benedict expressed her concern relative to private property rights being protected in relationship to the Rails to Trails proposal for Fidalgo Bay. Additionally, Ms. Benedict stated that she had requested and not received contact names and phone numbers at the IAC from Mr. Gary Robinson, City Parks and Recreation Director. Finally, Ms. Benedict stated that in the City staff's presentation to the Port Commissioners last month they should have disclosed Mr. Charles Montange's association with the Rails to Trails Association. Correspondence There was no correspondence other than that related to items on the agenda. Ordinance - Street Vacation - 17th Street and Approval of Clyde Creek Findings of Fact Under Unfinished Business, the Mayor and Council considered the items presented under the Consent Agenda. At Mr. Jackson's request, the Horizon Heights and Kilpatrick Findings of Fact were removed from the Consent Agenda and scheduled for action under Unfinished Business after the remaining items on the Consent Agenda had been approved. Mr. Christiansen them moved that the following Consent Agenda items be adopted: Ordinance #2327 vacating all of 17th Street lying between the east line of "H" Avenue and the west line of "J" Avenue and the Findings of Fact on Clyde Creek Estates. The motion was seconded by Mr. Sizemore. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Young, Sizemore, Jackson. Motion carried. Horizon Heights and Kilpatrick Findings of Fact As to Horizon Heights, Mr. Christiansen moved that the Council reconsider the decision on this that had been reached at the previous Council meeting. The motion was seconded by Mr. Sizemore. Under discussion, Ms. Robinette stated her concern with reconsideration as a decision mechanism relative to notice to those interested and appearance of fairness. Vote: Ayes - Sizemore, Jackson, Christiansen. No - Robinette, Rock, Parrish, Young. Motion failed. Mr. Jackson then moved that the decision reached on the previous meeting on the Kilpatrick Conditional Use Permit be reconsidered. This motion died for lack of a second. Ms. Robinette moved that the Horizon Heights Findings of Fact be adopted as presented. The motion was seconded by Ms. Young. Vote: Ayes - Robinette, Young, Rock, Parrish, Sizemore. No - Jackson, Christiansen. Motion carried. All September 6, 1994 - continued Ms. Young moved that the Kilpatrick Findings of Fact be adopted with the additions presented that evening. The motion was seconded by Mr. Rock. Vote: Ayes - Young, Rock, Parrish, Sizemore, Jackson, Christiansen, Robinette. Motion carried. New Business - Consent Agenda 1) Voucher Approval The following vouchers/warrant audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on August 18, 25, and September 1, 1994 are now approved for payment by the City Council as of this date, September 6, 1994. Claims Vouchers: August - Warrant numbers 38447-38611 in the total amount of $213,321.85. Draw Payroll: August, 1994 - Warrant numbers 34821-34957 in the total amount of $67,266.00. 2) Warrant Cancellation Cancellation of warrant number 38417. 3) Ordinance - Inter -Fund Transfers Ordinance ##2328 reversing Ordinances 2283, 2284, and 2286 dated August 2, 1993. 4) Ordinance - Budget Amendments Ordinance ##2329 amending Ordinance ##2304 approved and adopted on December 6, 1993 and entitled "An Ordinance Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year 1994." Mr. Jackson moved that the above actions on the Consent Agenda be taken. The motion was seconded by Mr. Christiansen. Vote: Ayes - Rock, Parrish, Sizemore, Jackson, Christiansen, Robinette, Young. Motion carried. Public Hearing - Capital Facilities Plan (CFP) and 1994 Comprehensive Plan Amendments The Mayor opened a public hearing on the proposed Capital Facilities Plan for 1995-2000 and the public hearing on the 1994 Comprehensive Plan Amendments. Mr. George Khtaian, City Finance Director, summarized the process that had been followed in developing the current version of the Capital Facilities Plan; this process is detailed in Hearing Exhibit 16. Mr. Khtaian then summarized key aspects of the proposed Capital Facilities Plan. Mr. Jim Pemberton, City Public Works Director, then reviewed the Stormwater Management Plan recommended to the City Council by the Planning Commission. Mr. Pemberton stated that he was not asking the Council to approve any particualr financing mechanism at this time, nor was he seeking approval for a stormwater management regulation ordinance. He concluded by stating that these two latter items would be addressed at a later stage and that at this point he was seeking approval for the approach represented by the Stormwater Plan. Mr. Munce, City Planning Director, summarized the City's work in complying with the Growth Managment Act. He stated that the City had completed his Comprehensive Plan by June, 1993 and had updated the Implementing, Development Regulations, by June 1994. He added that no appeals had beel filed to either the Plan or the Development Regulations. Mr. Munce then pointed out that subsequent to the City's adoption of the Comprehensive Plan in June 1993 showing Marches Point as a part of the City's Urban Growth Area, the County had acted to recognize Marches Point as part of the City's Interim Urban Growth Area. This action was taken in September, 1993. The City, he stated, has since been proceeding to update its Capital Facilities Plan to address the needs of this Urban Growth Area. Mr. Munce then submitted a 23 item exhibit list. These are items either previously transmitted to the Mayor and City Council or items submitted that same evening. Mr. Munce then proceeded to review the individual items contained in the public hearing notice relative to amendments to the City Comprehensive Plan. He explained that the airport language proposals had been developed in conjunction with the Port of Anacortes, that the amateur radio communication language had been developed to address enacted State law, that the Urban Growth Area boundary clarification was designed to respond to concerns raised by Skagit County, that the proposals regarding development adjacent to the City forest lands had been developed by the City Forest Board, 1099 September 6, 1994 - continued that the Stormwater Plan had been recommended for inclusion in the City Comprehensive Plan with the proviso that additional work needed to be done on the financing and regulatory mechanisms, and that the Capital Facilities Plan was designed to address both the City's needs over the next six years and those identified within the City's Urban Growth Area. Mr. Munce concluded by stating that when the County established Marches Point as the City's Interim Urban Growth Area in September 1993, they committed to a joint planning process directed at establishing final urban growth boundaries. However, Mr. Munce stated that there had been no such joint planning process. Additionally, he stated that the County had simply ignored City comments on the County's planning process and proposals. As a direct result, the City was moving forward with its own detailed proposal. Mr. Stan Kurowski, speaking as Chair of the City Forest Lands Advisory Board, spoke in favor of the language changes proposed relative to the lands adjacent to the City forest lands. Mr. David Hough, County Planning Director, stated that there had not been adequate study regarding Marches Point, that this study needed to be conducted in relation to City sewer capacity, that the City should utilize the 270 acres of vacant industrial land within the City prior to proposing to accommodate Marches Point's needs, that the sewer capacity issue for industrial use needed to be looked at in relation to housing needs, and that the City and the County needed to make sure that all bases were covered. Mr. Monte Robinson, stated that the proposed restrictions on private property adjacent to City forest lands were too onorous on adjacent property owners. Mr. John Sargent reiterated this point, adding that the language changes themselves were poorly drafted. Mr. McCaffery stated that individual property rights were being threatened by the proposed forest land change. Mr. Ross Barnes stated that he supported the wording for lands adjacent to the City forest lands. Mr. John Prosser questioned how the proposed changes would be effectuated. Mr. Leroy Dyer spoke in favor of the forest land changes and the need to protect City forest lands for future generations. Ms. Beverly Ann Benedict spoke against taking away private proterty rights. Ms. Margaret Yeoman stated that property owners at Marches point should have been notified and consulted prior to the sewer proposal being developed. She added that the present plant simply does not have the capacity to handle the additional load. Ms. Lois Elber expressed concern about slash burning within City limits. She specifically addressed health concerns in her neighborhood, pollution, and quality of life issues. She asked that hours of burning be limited, that residents be consulted in advance of a City burning permit being issued, and that a moratorium be delcared on large scale slash burning. Mr. Harold Yeoman stated that property owners had not been properly notified on Marches Point regarding the City's sewer proposal and that future debt was a bad idea for this purpose. Ms. Brena Jurdi stated that she owned property adjacent to the City forest lands but in unincorporated Skagit County. She stated her opposition to the buffer requirements. Mrs. Dick Johnson stated that the proposed Comprehensive Plan language relative to the Anacortes Airport had avoided the difficult issues. He added that the present zoning language was not satisfactory to address his concerns relative to public safety, nuisance, and noise. He concluded by stating that if a new zone was developed for the airport, these issues would have to be addressed thoroughly. Mr. Curt Oppel stated that on-site burning was being phased out by the State and that if it was done properly there should be no problem. The public hearings were closed. Mayor Maxwell stated that the issues raised this evening would be discussed by Council at their Study Session on September 12 and most likely would be acted on at the regular Council meeting of September 19. Approval - Architectural Proposal for Public Safety Building Mr. Mike King, Police Chief, summarized the architectural proposal relative to accessing the existing public safety building. After discussion, Mr. Sizemore moved that he be authorized to retain John Graham and Associates in an amount not to exceed $8,800 to conduct this evaluation. The motion was seconded by Mr. Parrish. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Young, Rock, Parrish. Motion carried. Final Plat Approval - Cooper's Addition The Planning Director, Mr. Ian Munce, then stated that the staff and Planning Commission were recommending that the Council formally approve the final plat of Cooper's Addition. He added that all the required work had been either done or bonded. Mr. Parrish moved that the final plat for Cooper's Addition be approved. The motion was seconded by Mr. Sizemore. Vote: Ayes - Jackson, Christiansen, Robinette, Young, Rock, Parrish, Sizemore. Motion carried. September 6, 1994 - continued Contract Award - Urban Renewal Sediment Analysis Mr. Munce then asked for Council approval to award a contract to Hart Crowser to undertake sediment analysis in the urban renewal area. Mr. Jackson moved that the Council authorize this work in an amount not to exceed $19,200. The motion was seconded by Mr. Sizemore. Vote: Ayes - Christiansen, Robinette, Young, Rock, Parrish, Sizemore, Jackson. Motion carried. Authorization to Bid 1994 Street Overlay Projects Mr. Gordon. Bruchner, City Engineer, asked for authorization to bid the following 1994 Street Overlay Projects: "0" Avenue between 4th and 10th Streets, and 4th Streets between "0" Avenue and Commercial. After questioning and discussion, Mr. Sizemore moved that the City go out to bid on these projects. The motion was seconded by Mr. Jackson. Vote: Ayes - Robinette, Young, Rock, Parrish, Sizemore, Jackson, Christiansen. Motion carried. Reappointment of Diane Erholm to the Board of Adjustment Mayor Maxwell then asked that the Council formally concur with his reappointment of Diane Erholm to the Board of Adjustment. Mr. Rock moved that the City Council concur in this appointment. The motion was seconded by Ms. Young. Vote: Ayes - Young, Rock, Parrish, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Permission for Street Closures - October 2 - Oyster Run Mr. Pemberton, City Public Works Director, asked for permission to close Commercial between 3rd and 9th Streets, but with 4th Street remaining open, on October 2 between 10 a.m. and 7 p.m. for the upcoming Oyster Run. After discussion, Mr. Rock moved that these street closures be approved. The motion was seconded by Ms. Robinette. Vote: Ayes - Rock, Parrish, Sizemore, Jackson, Christiansen, Robinette, Young. Motion carried. The meeting adjourned at approximately 9:30 p.m. Geo e Kh�ian, Iit Clerk -Treasurer September 19, 1994 !b'9,411 H. Dean Maxwell, Ma or Mayor Maxwell called the meeting of September 19, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock, and Rosemary Young. Minutes of Previous Meeting The minutes of the September 6, 1994 meeting were approved as if read on a motion by Ms. Young, seconded by Mr. Sizemore. Vote: Ayes - Parrish, Sizemore, Jackson, Christiansen, Robinette, Rock, Young. Motion carried. Citizen Hearings Ms. Beverly Ann Benedict asked what prompted the Council to deliberate on reconsideration at their September 6 meeting, Ms. Rosalie Crandall spoke for 7th Street merchants and stated that 7th Street had been closed too often this summer, and Mr. Stan Patrovsky stated that the City should file a suit against TCI for failure to pursue good faith bargaining. Mayor Maxwell then read a Proclamation acknowledging Councilmember Rosemary Young's contribution to the community as a member of the Anacortes City Council. Correspondence There was no correspondence other than that related to items on the agenda. UNFINISHED BUSINESS Bid Award - Particle Counter After a presentation from the Public Works Director, the Council awarded the bid for the particle counter at the Water Treatment Plant to Hach Company for $10,000. This action was taken on a motion by Mr. Jackson, seconded by Mr. Parrish. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Young, Parrish. Motion carried. 1101 September 19, 1994 - continued Bid Award - Transformer Untanking Services The Public Works Director described the bid process for untanking services for the 55 KV transformer being purchased from Tacoma City Light. After discussion, Mr. Christiansen moved that the bid be awarded to US Transformer in the amount of $25,641. The motion was seconded by Mr. Jackson. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Young, Parrish, Sizemore. Motion carried. Bid Award - Cranberry Dam Safety Improvements Finally, the Public Works Director discussed the bid award for Cranberry Dam Safety Improvements. After discussion, Mr. Jackson moved that the bid be awarded to the low bidder, R.O.J. Contracting, in the amount of $60,745.80. The motion was seconded by Mr. Rock. Vote: Ayes - Christiansen, Robinette, Rock, Young, Parrish, Sizemore, Jackson. Motion carried. Ordinance - "Final" Capital Facilities Plan Mayor Maxwell had the City Planning Director summarize the role of the Capital Facilities Plan under the Growth Management Act and the relationship of the Capital Facilities Plan to the City's Comprehensive Plan. Mr. Munce also stated that a public hearing on this new Capital Facilities Plan had been held on September 6 and that changes addressing issues raised had been made. After discussion, Mr. Rock moved that the Ordinance adopting the Capital Facilities Plan for the six year period 1995-2000 be adopted and given Ordinance #2330. The motion was seconded by Ms. Young. Vote: Ayes - Robinette, stock, Young, Parrish, Sizemore, Jackson, Christiansen. Motion carried. Ordinance - 1994 Comprehensive Plan Amendments The Mayor and Council turned to consideration of the remaining proposed amendments to the City Comprehensive Plan, 1993. Mr. Christiansen moved that the Council consider the four sections in the proposed Comprehensive Plan Amendment Ordinance separately. The motion was seconded by Mr. Sizemore. Vote: Ayes - Rock, Young, Sizemore, Jackson, Christiansen, Robinette. No - Parrish. Motion carried. After discussion, Mr. Rock moved that Section 1 be approved for inclusion in the proposed ordinance. The motion was seconded by Mr. Christiansen. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Parrish, Rock. Motion carried. As to Section 2 the Council, after extensive discussion, decided to put proposed item "J" on hold for future discussion. This action was taken on a motion by Mr. Christiansen and seconded by Mr. Parrish. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Parrish, Rock, Young. Motion carried. After extensive discussion on item "A", Mr. Christiansen moved that "A" remain with the addition of the following qualifying language: "see City Ordinance #2316 regarding Jurisdictional Wetlands." The motion was seconded by Mr. Sizemore. Vote: Jackson, Christiansen, Robinette, Parrish, Rock, Young, Sizemore. Motion carried. As to "B", Mr. Jackson moved that the wording be changed to read as follows: "As to noxious weeds, the County Ordinances(s) shall be carefully considered in any City Development decision." As to items "C" and "I", the Council decided to defer further consideration of these items until the Stormwater Management Plan regulations were reviewed and discussed. This action was taken on a motion by Mr. Christiansen, seconded by Mr. Jackson. Vote: Christiansen, Robinette, Parrish, Young, Sizemore, Jackson. No - Rock. Motion carried. The Council then informally determined that the remaining items in Section 2 were worded acceptably. The Planning Director did recommend that the heading be changed from "Standards for Adjacent Development" to Policies for Adjacent Development". The Council concurred with this recommendation. Mr. Christiansen then moved that Section 2 be adopted as amended. The motion was seconded by Mr. Sizemore. Vote: Robinette, Parrish, Young, Sizemore, Jackson, Rock, Christiansen. Motion carried. The Council turned to consideration of Section 3. After discussion, Mr. Jackson moved that Section 3 be approved for inclusion in the proposed ordinance. The motion was seconded by Mr. Parrish. Vote: Ayes - Parrish, Young, Sizemore, Jackson, Rock, Christiansen, Robinette. Motion carried. Finally, the Council considered Section 4. After extensive discussion, Mr. Christiansen moved that Section 4 be included in the proposed ordinance as presented. The motion was seconded by Ms. Young. Vote: Ayes - Young, Sizemore, Jackson, Rock, Christiansen, Robinette, Parrish. Motion carried. September 19, 1994 - continued Ms. Young then moved that the City Council adopt Ordinance #2331 entitled, "Ordinance Constituting the 1994 Amendments to Ordinance X62294 (The City of Comprehensive Plan, 1993) as amended at this evening's City Council meeting, together with the "Preamble, Findings of Fact, and Conclusions of Law". The motion was seconded by Mr. Rock. Vote: Ayes - Sizemore, Jackson, Rock, Christiansen, Robinette, Parrish, Young. Motion carried. Resolution - Skagit County Solid Waste Management Plan (Tabled) The Council turned to consideration of the Skagit County Solid Waste Plan. After extensive discussion, Mr. Rock moved that the resolution adopting this plan be tabled until the October 3 meeting of the City Council. This motion was seconded by Mr. Christiansen. Vote: Ayes - Jackson, Rock, Christiansen, Robinette, Parrish, Young. Motion carried. Mayor Maxwell requested that Councilmembers make every possible effort to complete their review of this plan prior to October 3 so that final action could be taken at that meeting. Councilmembers concurred with this request. NEW BUSINESS Consent Agenda 1. Voucher Approval The following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently review and approved by the Council Finance Committee on September 8 and September 15, 1994 are now approved for payment by the City Council as of this date, September 19, 1994. Claims Vouchers: September, 1994 - Warrant numbers 38614-38760 in the total amount of $389,367.70. Payroll Vouchers: August, 1994 - Warrant numbers 34958-35199 in the total amount of $130,934.88. Pre -Written Claims: August, 1994 - Warrant numbers 38289-38291, 38434- 38437 in the total amount of $6,283.21. 2. Warrant Cancellation Cancellation of Warrant number 38508 issued to Grace Towing in the amount $102.22. 3. Resolution #1327 authorizing Ed Capasso as the duly authorized representative of the City of Anacortes to sign all reports required by the NPDES permit issued to the City of Anacortes. The Council approved these three items on a motion by Mr. Jackson, seconded by Ms. Young. Vote: Ayes - Rock, Young, Sizemore, Jackson, Christiansen, Robinette, Parrish. Motion carried. Approval - Parks and Open Space Plan Consultant Contract Mr. Gary Robinson, City Parks and Recreation Director, presented a proposed consultant agreement with Susan Black and Associates to update the City Parks and Recreation Plan for an amount not to exceed $10,000. The Councilmembers reviewed the Scope of Work in detail with Mr. Robinson and Mr. Robinson agreed to make a number of specific changes. Ms. Young then moved that the City enter into this contract as currently presented. The motion was seconded by Ms. Robinette. Vote: Ayes - Young, Sizemore, Jackson, Christiansen, Robinette, Rock. No - Parrish. Motion carried. Consultant Services Agreement - CH2M Programmable Logic Controller Upgrade - Water Treatment Plant Mr. Jim Pemberton, City Public Works Director, recommended that the City enter into a consultant services agreement with CH2M for "a programmable logic controller upgrade" at the Water Treatment Plant. Individual Councilmembers expresed concern about previous invoices submitted by CH2M. Mayor Maxwell and the Public Works Director spoke to the quality of the work done by CH2M and their expertise with the City water and sewer treatment facilities. After discussion, Mr. Jackson moved that the City enter into the consultant services agreement as presented. The motion was seconded by Mr. Christiansen. Vote: Ayes (reluctantly) - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Young. Resolution - In Support of Runaway Alliance The Council considered a resolution in support of the Runaway Alliance and 1103 September 19, 1994 - continued requesting the State Legislature to enact legislation to assist parents and communities in dealing with runaway children. This item had been discussed by the City Council at their previous Study Session. Ms. Young moved that the City Council adopt Resolution #1328 as presented. The motion was seconded by Mr. Parrish. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Young, Sizemore. Motion carried. At approximately 10:15 p.m., the Council adjourned into Executive Session to discuss union negotiations. Approximately 30 minutes later the meeting was adjourned without the Council taking further action. �geYaian, City Clerk -Treasurer October 3, 1994 H. Dean Maxwell, Moor Mayor Maxwell called the meeting of October 3, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Citizen Hearings Mrs. Beverly Ann Benedict, 2414 16th St., reported that on October 5, 1994 at 1:30 p.m., she would be meeting with the Park Director and Mr. Don Clark from the Inter Agency Committee for Outdoor Recreation to discuss concerns regarding the recent improvements to Washington Park. Ms. Benedict then asked about meeting notification requirements. Correspondence Mayor Maxwell announced that the Request for Proposal for the upcoming water rate study incorporated the many significant issues raised by the Water Advisory Board. However, the Mayor emphasized the need for an outside, objective rate -study consultant because utility rates are subject to court challenge. Mayor Maxwell then read a Proclamation proclaiming the week of October 17 through October 23, 1994 as Heart Week in the City of Anacortes and urged all citizens to make a greater personal commitment to the reduction of disability and death from cardiovascular disease and stroke. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Sizemore, that the minutes of September 19, 1994 be approved as if read. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Resolution - Adoption of the 1994 Skagit County Solid Waste Management Plan Mayor Maxwell presented a Resolution to Council that would approve and adopt the Skagit County Solid Waste Management Plan (SCSWMP) as the Solid Waste Management Plan for the City of Anacortes. Mayor Maxwell explained that final action on this Resolution had been tabled at the September 19th meeting so that Councilmembers could complete their review. Mr. Christiansen commented that the Plan was substantially out of date because: it relies heavily on two closed County facilites, the incinerator and Inman Land Fill; there is no definition of "50% recycling rate"; and, no funding source is identified for the new County positions. Mr. Christiansen clarified that Council approval of this Plan does not represent automatic approval of the Interlocal Agreement. After discussion, Mr. Jackson moved, seconded by Mr. Rock, to adopt the Resolution approving and adopting the SCSWMP. Council determined that further examination of the Resolution and Plan was necessary and Mr. Jackson and Mr. Rock withdrew the motion and second. Mrs. Robinette then reviewed the joint County/City review mechanisms built into the Resolution including utilization of the Solid Waste Advisory Committee and the reactivation and technical review of the 1986 interlocal agreement. Mrs. Robinette then moved to adopt Resolution No. 1329 entitled October 3, 1994 - continued "Resolution No. 1329 Regarding Adoption of the 1994 Skagit County Solid Waste Management Plan Update". Mr. Parrish seconded the motion. Mr. Sizemore recommended that further legal department review of the Plan was necessary, and moved to table this item. Motion died for lack of a second. Councilmembers then discussed alternative methods of waste hauling and disposal. Mrs. Robin Kurowski, a member of the Solid Waste Management Committee (SWAC), speaking from the audience, reported on the waste disposal methods under review and discussion. Mayor Maxwell then called for a vote on the motion before Council. Vote: Ayes - Robinette, Rock, Parrish, Jackson. No - Christiansen, Sizemore. Motion carried. Voucher Approval 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, 1994 and September 29, 1994 are now approved for payment by the City Council as of this date, October 3, 1994. Council vote was unanimous. Claims Vouchers: October, 1994 - Warrant Numbers 38770 through 38910 in the total amount of $138,275.29. Draw Payroll: September, 1994 - Warrant Numbers 35200 through 35332 in the total amount of $65,349.00. Ordinance - Updated Travel Policy Mayor Maxwell presented. an Ordinance to Council that would amend the Travel Policies and Procedures previously adopted by Council. After discussing several language clarification changes with the Finance Director, Mr. George Khtaian, Mr. Jackson moved, seconded by Mr. Rock, to adopt Ordinance No. 2332 entitled "An Ordinance Amending Ordinance No. 2262 dated January 4, 1993, entitled City of Anacortes Travel Policies and Procedures, and Repealing Amending Ordinance No. 2292 dated September 7, 1993." Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore, Jackson. Motion carried. Ordinance - Establishing a Public Works Advisory Board Mr. Rock moved, seconded by Mr. Sizemore, that Ordinance No. 2333 establishing a Public Works Advisory Board for the City of Anacortes be adopted. Mr. Christiansen asked that the Municipal Code be researched for possible Ordinance duplication. Vote: Ayes Parrish, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Ordinance - Amending Ordinance Establishing Latecomer Agreement Procedures Mayor Maxwell presented Ordinance No. 2334 amending Ordinance No. 2173 entitled "An Ordinance Establishing Latecomer Agreements for Street and Utility Improvements - Procedures." Section. 2B now reads: "The application must be on forms prescribed by the Director and must be accompanied by a non- refundable application fee as established herein. All such applications must be made before commencement of construction of the improvements subject to the proposed Latecomer Agreement." Mr. Rock moved, seconded by Mr. Sizemore, that Council adopt Ordinance No. 2334. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Mayor Maxwell then added the following two agenda items: Consideration of Bids, 1994 Overlay Project Mr. Gordon Bruchner, City Engineer, presented the low bid for the 1994 overlay projects: Lakeside Industries, Anacortes, in the amount of $93,567.50. Mr. Bruchner said that the engineer's estimate is $100,000. Mr. Sizemore moved, seconded by Mr. Parrish, that the 1994 overlay project bid be awarded to Lakeside Industries in the amount of $93,567.50. Vote: Ayes - Jackson, Christiansen, Robinette, Parrish, Sizemore. Abstain: Rock. Motion carried. Schedule Public Hearing - Port of Anacortes Master Program Mr. Ian Munce, Planning Director, reviewed the remaining item for the City's Comprehensive Plan update: the Anacortes Airport. Public hearings have already been held to amend the City's Comprehensive Land Use Plan to clarify that the Anacortes Airport is to be a "community -oriented aviation facility." The City's Planning Commission and Port Commissioners have developed an executive summary of what to include in the Port's Master Plan relative to the Airport. The Port's Plan has been rewritted to be consistent with the "community -oriented aviation facility" concept and with the executive summary. 1104 1105 October 3, 1994 - continued On October 6, 1994, Mr. Munce and Mr. Jack Smith, Port Planner, will host a meeting of neighbors to talk about the Anacopper Mine Road/Kingsway extension, appropriate zoning for the port -owned property at the airport, road alignment and other related issues. Additionally, the Port will hold joint City/Port public hearing on its Master Plan and the Council agreed to hold the joint Public Hearing on October 31, 1994. Mayor Maxwell then called for one-page resumes from all those interested in completing the Ward 1 Council term. Police Chief, Mike King, then reported that there were no incidents at the October 2, 1994 Oyster Run. There being no further business, the meeting was adjourned at approximately 8:40 p.m. Ci Clerk -Treasurer H. Dean Maxwell, Mayor October 17, 1994 Mayor Maxwell called the meeting of October 17, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ray Sizemore, Terry Christiansen, Jeanne Robinette. Absent: Bill Jackson, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Citizen Hearings Mr. John Olson, 1710 24th Court, presented the Council with copies of channel guides and rate sheets for television cable companies in our area. Mayor Maxwell urged Mr. Olson to attend the upcoming TCI Cablevision franchise renewal public hearing so that Mr. Olson could address his specific concerns. Mr. Doug Ramey, 704 Commercial, thanked the Council and police department for their support during the recently held Oyster Run. Mr. Ramey suggested that Council and staff develop a consistent policy and application procedure for street closures and festival -type events in the downtown area. Correspondence Mayor Maxwell announced that a public meeting will be held on Thursday, October 20th at 7:00 p.m. The purpose of the meeting will be to take public comment on potential Anacortes routes for Skagit Transit (SKAT). Mayor Maxwell then reported that the joint City and Port public hearing on the proposed Anacortes Airport Master Plan has been changed from October 31st to November 14th. Minutes of Previous Meeting Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of October 3, 1994 be approved as if read. Vote: Ayes - Christiansen, Robinette, Parrish, Sizemore. Motion carried. Acceptance of San Juan Hill Waterline Construction Mr. Gordon Bruchner, City Engineer, reported to Council that the San Juan Hill waterline is complete and in service. Mr. Bruchner recommended that Council formally accept the project as complete. This action would begin the 30 -day lien period' and, if no liens are filed, would allow administrative release of the retainage monies now held by the City. Mr. Parrish so moved, seconded by Mr. Sizemore. Vote: Ayes - Robinette, Parrish, Sizemore, Christiansen. Motion carried. Voucher Approval 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, 1994 and October 13, 1994 October 17, 1994 - continued are now approved for payment by the City Council as of this date, October 17, 1994. Council vote was unanimous. Claims Vouchers: October, 1994 - Warrant Numbers 38914 through 39072 in the total amount of $549,052.97 Pre -written Claims: September, 1994 - Warrant Numbers 38444-38446, 38612- 38613, 38761-38763 in the total amount of $37,370.66 Payroll: September, 1994 - Warrant Numbers 35333 through 35563 in the total amount of $377,375.31 Benefit Payroll: September, 1994 - Warrant Numbers 38765 through 38769 in the total amount of $98,199.36 Business License - Eric's Taxi Mayor Maxwell requested Council approval of a business license application submitted by Eric's Taxi. The Mayor reported that a bond is in place and background checks have been conducted by the Police Department as required by Ordinance. Police Chief King described the background check procedure. Discussion followed regarding current regulations regarding admissible background data versus the scope of personal information required by the City's Ordinance. Chief King pointed out that current background check procedures can establish license applicant identity. Discussion followed. Mr. Christiansen moved, seconded by Mrs. Robinette, to table this matter for two weeks. Vote: Ayes - Christiansen, Robinette, Sizemore. No - Parrish. Motion carried. Public Hearing - Conditional Use - Single Family in the Central Business District Zone Mayor Maxwell opened the Public Hearing to review and take comments on a Conditional Use application submitted by Mr. Louis Gossner and Ms. Sharon Merrill to allow a single family residence at 1108 4th Street. The property is zoned Central Business District. Mr. Ian Munce, Planning Director, reported that the Planning Commission reviewd this matter in public hearing and the Commission recommends approval of the application with five conditions. Mr. Munce pointed out that Condition #5, "Two off-street parking spaces with access from the alley shall be added", was added in response to the one public comment made on this application. There was no public testimony on this proposal and the Mayor declared the public hearing closed. After discussion, Mr. Parrish moved, seconded by Mrs. Robinette, to approve the Conditional Use application subject to the five conditions recommended by the Planning Commission. Vote: Ayes - Robinette, Parrish, Sizemore, Christiansen. Motion carried. Resolution - Urban Renewal Sale/Lease to Mr. David Fulton Mr. Ian Munce, Planning Director, presented a proposed Sales Agreement between the City and Mr. David Fulton to purchase upland property between Fidalgo Boat Yard and 30th Street, and a proposal to lease tideland property, all in the urban renewal area. Mr. Munce pointed out that completion of this sale would pay $330,000 of the $450,000 remaining urban renewal bond anticipation note debt. Councilmembers discussed the term of the Sales Agreement. After discussion, Mrs. Robinette moved, seconded by Mr. Sizemore, to adopt Resolution No. 1330 authorizing a sales agreement by and between the City of Anacortes and Mr. David Fulton, and that the agreement extend no more than six months. Vote: Ayes - Parrish, Sizemore, Christiansen, Robinette. Motion carried. Water Rate Study Bids Mayor Maxwell reported that the City will be conducting a water rate study for a 3 -year period 1995-1997. Request for Proposals were sent to 12 qualified firms and three firms responded with the low bid from Economic & Engineering Services in the amount of $26,800. Mr. Christiansen initiated a discussion on the citizen committee/ consultant process on establishing water rates. Mrs. Robinette moved, seconded by Mr. Parrish, that the City accept the low bid from Economic & Engineering Services in the amount of $26,800. Vote: Ayes - Sizemore, Robinette, Parrish. No - Christiansen. Motion carried. Resolution - Property Tax Levy Estimates Mr. George Khtaian, Finance Director, presented a Resolution to Council that would authorize the City Clerk to submit preliminary property tax levy estimates to the County Board of Commissioners. Mr. Parrish moved, seconded 1107 'October 17, 1994 - continued by Mr. Sizemore, that the Resolution be adopted and given Resolution No. 1331. Vote: Ayes - Christiansen, Robinette, Parrish, Sizemore. Motion carried. Proclamation - Unfunded Federal Mandates Mayor Maxwell read a Proclamation proclaiming the week of October 24-30, 1994 as National Unfunded Mandates Week. The Proclamation also stated the City's resolve to continue to work with members of Washington's Congressional delegation to educate them about the impact of federal mandates and actions necessary to reduce their burden on our citizens. At approximately 9:00 p.m. the Council convened in Executive Session to review applications for the Ward #1 Council position. At approximately 9:30 p.m. the Council reconvened and without taking any further action the meeting was adjourned. Geor K /an, Ci{y c lerk-Treasurer November 7, 1994 H. Dean Maxwell, Mayor At 6:45 p.m. in the Municipal Building Council Chambers, the City Council conducted a Special Meeting. The purpose of the Special Meeting was to convene in Executive Session to discuss Teamster labor negotiations. The full Counci was in attendance together with Mayor Maxwell, Mr. Gary Robinson, Mr. George Khtaian, and Mr. Cabot Dow. At approximately 7:26 p.m. the Council reconvened and without taking any action closed the Special Meeting. Mayor Maxwell called the meeting of November 7, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mr. Parrish moved, seconded by Mr. Rock, that the minutes of October 17, 1994 be approved as if read. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Mr. John Olson, 1710 24th Court, asked for and received a clarification on the minutes with regard to TCI Cablevision franchise negotiations. Mr. Olson then elected to speak on the TCI issue during the "Citizen Hearings" portion of the meeting. Presentation - Citizen of the Year, 1994 Mayor Maxwell then presented a corsage and Proclamation to Mrs. Margaret Yeoman. The Proclamation names Mrs. Yeoman as Citizen of the Year, 1994 and reads in part, "...the City of Anacortes wishes to extend its deep appreciation for Mrs. Yeoman's courage to speak out for self restraint and wisdom and for her many dedicated hours spent toward creating a lealthy and prosperous community." Citizen Hearings Mr. John Olson, 1710 24th Court, expressed the following concerns with regard to the TCI Cablevision Franchise negotiations: ratepayers not given enought opportunity to enter into negotiation process; 5% franchise fee should be deleted; no local office for customers. Mayor Maxwell encouraged Mr. Olson to submit his testimony at the public hearing to be held on this matter. Correspondence Mrs. Robinette reminded the Council and audience that the Anacortes Museum Carnegie Gallery has an excellent exhibit now open to the public entitled, "Island Voices: Decades of Memories of Fidalgo and Guemes Island Residents." Council Position Ward #1 Mayor Maxwell submitted the nomination of Mr. Benjamin Root to complete the Council term recently vacated by Mrs. Rosemary Young. Mr. Jackson moved, seconded by Mr. Sizemore, to approve the nomination. Vote: Ayes - X111:. November 7, 1994 - continued Jackson, Christiansen, Robinette, Rock, Parrish, Sizemore. Motion carried. Mr. Steve Mansfield, City Attorney, conducted the Oath of Office and Mr. Root then took his seat at the Council Chamber. Business License - Eric's Taxi Mr. Steve Mansfield, City Attorney, reported to Council that he had reviewed the Eric's Taxi application for an operators license and the two taxi driver applications. He said that the City's current ordinance requires tha Council approve the granting of that operators license. The Council is thereby authorized to direct the Police Chief to conduct an investigation to determine if this individual is in fact qualified to operate that business. The Police Chief has completed the investigation and recommends approval. Mr. Mansfield said he had conducted a review of the applicant's performance in cities where the applicant has operated and could find no reason to recommend anything other than approval. The fingerprints are not back but Mr. Mansfield emphasized that fingerprints are merely a means of identification and once again the Police Chief is satisfied with his investigation. After discussion, Mr. Rock moved, seconded by Mr. Parrish, to approve the Eric's Taxi Business License application. Vote: Ayes - Christiansen, Rock, Parrish, Root, Sizemore, Jackson. No - Robinette. Motion carried. .KQ ZF.I Z,Yiwal"DIZDIX Mr. Jackson moved, seconded by Mr. Christiansen, that the following Consent Agenda items be approved. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried. 1. Findings of Fact - Gossner Conditional Use - Findings of Fact reflecting action taken by Council on October 17, 1994 to grant a Conditional Use Permit to develop a residential building site in the Central Business Use District Zone. 2. Voucher Approval - 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, 1994, October 27, 1994, and November 3, 1994 are now approved for payment by the City Council as of this date, November 7, 1994. Council vote was unanimous. Claims Vouchers: November, 1994 - Warrant Numbers 39083 through 39252 in the total amount of $678,788.43 Pre -Written Claims: October, 1994 - Warrant Numbers 38764, 38911 through 38913, 39073 through 39075 in the total amount of $77,092.45 Electronic Transfer Funds: October, 1994 - in the total amount of $542,092.32 Payroll: October, 1994 - Warrant Numbers 35702 through 35923 in the total amount of $357,501.82 Benefit Payroll: October, 1994 - Warrant Numbers 39076 through 39081 in the total amount of $128,530.58 Draw Payroll: October, 1994 - Warrant Numbers 35564 through 35692 in the total amount of $63,599.00 3. Surplus Items - Council approved list of equipment to be surplussed and sold at auction and granted permission to schedule advertising and to hold the auction. 4. Public Hearing Date - Jenneskens Latecomers Agreement - Council set December 5, 1994 as the Public Hearing date on a latecomer agreement application submitted by Mr. Ted Jenneskens. 5. Public Hearing Date - Street Vacation - Mortion Avenue - Council adopted Resolution No. 1332 setting December 5, 1994 as the Public Hearing date on a Petition to Vacate a portion of Morton Avenue. 6. Appointments to Public Works Advisory Board and Board of Adjustment - Council appointed Mr. Paul Mahoney, Ms. Lin Folsom, and Mr. Robert Bjerk to the Public Works Advisory Board and appointed Mr. Ron Rosenberger to the Board of Adjustment. y. Warrant Cancellation - Council cancelled Warrant Number 38823 in the amount of $30.00. 1109 November 7, 1994 - continued Public Hearing - Marine Heights Preliminary Plat - (a) Subdivision (b) Grade Modification (c) Cul-de-sac Length Modification (This public hearing is on tape and filed at City Hall) Mayor Maxwell opened the public hearing on a preliminary plan application submitted by Charger, Inc. to develop 52 homes on 23.4 acres located generally east of Marine Drive zoned R1 (Residential Low Density). In his project overview Planning Director, Mr. Ian Munce, reported that the Planning Commission spent two evenings in public hearing followed by an evening of deliberation on the recommended conditions attached to this project. Mr. Munce further reported that the Council had conducted a site visit on November 4th during which no testimony was taken. The Planning Director then highlighted the following issues: The 52 -lot project as currently proposed sets aside 10% open space along City forest lands boundary. This open space area will be deeded to the City. Mr. Munce reviewed the wetland feature, project buffer zone, area of undisturbed trees at the entrance to the site, and gated access point to the forestlands with two off-street parking spaces. The proposed cul-de-sac exceeds the 1,000 foot standard and the grades as shown exceed the standard of 12%. These Subdivision Ordinance exceptions will require a Council majority plus one vote for approval. Mr. Munce discussed neighborhood objections to the proposed condition dealing with the extension of the Tyler Circle right-of-way to Marine Drive. However, the Planning Commission elected to retain the Tyler Circle development condition but to defer construction action until the issue has been brought next year to the City's Transportation Plan Committee for further study. Mr. Munce then gave the Council Exhibit G-5, photographs submitted by Mr. Walter Vendetti during the Planing Commission hearings; Council Exhibit 1, November 4, 1994 letter from Beverly Ann Benedict, Council Exhibit 2, November 7, 1994 letter from Mr. Phil Burton; Council Exhibit 3, November 7, 1994 letter from Mr. Richard Threet; Council Exhibit 4, comments on Planning Commission recommendations from Mr. Richard Threet; Council Exhibit 5, November 4, 1993 letter from Darrell Mitsunaga, Reed McLure Attorneys. In closing, Mr. Munce pointed out that the project density is less than the minimum density allowed by Ordinance. Mr. John Leonard, engineer for the applicant, discussed the Clyde Creek Basin drainage system and the detention pond system proposed for the Marine Heights project. For the development site and additional undeveloped area tributary to the plat, the applicant is counter -proposing a tight line system with direct -discharge to the bay. Mr. Leonard pointed out that there is a 14% grade at the project entryway road. Mr. Leonard submitted Council Exhibit 7, and then reviewed Charger Inc. 's response to each of the Planning Commission recommendations. At this point Mr. Munce referred to Findings of Fact, page 9, Lands Unsuitable for Subdivision which reads in part, "...or ther features which may be detrimental to the health and safety of existing or future residents shall not be subdivided for residential purposes unless the hazards are eliminated or will be overcome by approved design construction plans." Mr. Leonard then discussed lot size, pump station installation, sprinkler systems, shared sewer line L.I.D. costs, pump station capacity. He then submitted Council Exhibit 6, photographs of other developed steep slope projects throughout the City. Mr. Charles Russell, 4322 Tyler Way, submitted Council Exhibit 8, an updated petition protesting completion of Tyler Circle. Mr. Russell pointed out that there is a wetland in the Tyler Circle right-of-way. Mr. Walter Vendetti, 4525 Anaco Beach Road, protested the 5 -minute time restriction, and suggested that the Clyde Creek Basin and River infrasturcture be in place before any further development is allowed in this area. Mr. Vendetti referred to Exhibit G-5, photographs of Anaco Beach Road storm runoff. Mr. Neil Ingram, 4400 Tyler Road, spoke against development of Tyler Circle. Mrs. Beverly Ann Benedict, 2414 16th Street, spoke against blasting at this site and addressed several project issues. Mr. Dick Threet, 2801 17th Street, presented a topo map of the project area and discussed steep slopes on this project. Mr. Todd Kirkpatrick, 4305 Marine Drive, discussed his agreement with the applicant regarding the entrance to his property and spoke for lower project density. Mr. Joe Hansen, 4425 Anaco Beach Road, discussed project sewer discharge and potential hazards during frequent Skyline power outages. Mr. Jim Macy, 4501 Anaco Beach Road, objected to time limits, pointed out the existing drainage problems in this area, and spoke against drainage onto the sandy beach. Mr. Vendetti spoke again about the pipeline flow that will scour the beach, the lift station, and spoke against the tightline and against removal of the detention pond. Mr. Threet spoke again stating he is not opposed to the development of the property but is opposed to the density nu November 7, 1994 - continued proposed. He further discussed drainage calculations. Mr. John Miller, 1102 7th Street, with some clarification, spoke in favor of retaining conditions 42 and 43. Mr. Threet spoke about the 1,800 foot cul-de-sac. Mr. John Leonard stated that the detention pond conditions were modified in response to Planning Commission public hearing testimony. Mr. Leonard pointed out that The Pointe drainage problems were construction errors. Mr. Darrell Mitsunaga, attorney for the proponent, discussed .the explanation for the revised conditions. He pointed out that the plan had been reviewed by R.W. Beck and the City Engineer and that the 100% impervious service and 100 -year storm considerations provide ample safety margin. Mr. Threet clarified the drainage calculations submitted by the applicant. Mr. Jim Macy spoke again about lien liability. There were no further comments and the Mayor declared the Public Hearing closed. The Planning Director, on a question from Mr. Rock, stated that the City ordinances require that the streets fronting a project are to be developed. Mr. Munce further clarified that the reference to an emergency standby generator, shown on page 14 of Findings of Fact, should be added to Condition 5, "The developer shall pay for the installation of a standby emergency generator for the L.I.D. 203 pump station." After further discussion the City Council concluded that the changes requested by the applicant in the Planning Commission Conditions constitute a revised development proposal. Accordingly, the Council referred this revised proposal back to the Planning Commission for a further public hearing and recommendation. In taking this action the Council asked that the Planning Commission look at three specific issues: 1) the legality of eliminating the proposed detention pond, 2) the shoreline permit requirements, and 3) the need for an environmental impact statement. Final Plat - Sterling Place Mr. Ian Munce, Planning Director, reported that this project is built and completed. The minor Americans with Disabilities Act issues that were raised at the Planning commission meeting have been addressed. The Planning Commission recommended approval of the Sterling Place final plat. Mrs. Robinette asked about Minnesota Avenue development. Mr. Christiansen moved, seconded by Mr. Sizemore, that the Sterling Place Final Plat be approved. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Ordinance Amending and Restricting Parking 28th Street, R -T Mr. Jim Pemberton, Director of Public Works, reviewed an Ordinance previously passed by Council restricting parking on 28th Street between "R" and "T" Avenues to automobile parking only. The Traffic Safety Committee, after hearing from a business owner adversely affected by this restriction, recommends that Council approve the Ordinance now before them removing the parking restriction. Mr. Parrish moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Prohibiting Parking of Motor Vehicles Other THan Passenger Cars and Pick-up Trucks on 30th Street Between "R" and "T" Avenues and Repealing Ordinance No. 2319, Passed and Approved on the 16th day of May, 1994" be adopted and given Ordinance No. 2335. Vote: Ayes - Parrish, Root, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Tourism Fund: Ordinance - Policies and Procedures Mr. Ian Munce, Planning Directjor, reviewed format changes to the Tourism Fund Ordinance and policies and procedures previously reviewe by Council in study session. With the changes and modifications recommended by staff, including a request for an annual staff review of these procedures, Mr. Jackson moved, seconded by Mr. Sizemore, that an Ordinance entitled, "An Ordinance Amending Ordinance No. 1670 (Transient Occupancy Tax) by Adding Administrative Provisions" be adopted and given Ordinance No. 2336. Vote: Ayes Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Update Planning Department Fee Schedule Mr. Ian Munce, Planning Director, introduced an Ordinance that would amend the Planning Department administrative fee schedule. Mr. Munce pointed out that subdivision activities are demanding more staff time. With corrections discussed, Mr. Rock moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Repealing Ordinance No. 2249 and Revising the Fee Schedule for the City of Anacortes for Applications for Certain Administrative Actions" be adopted and given Ordinance No. 2337. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried. 1111 November 7, 1994 - continued Ordinance - Auto Dealership Definition Mr. Ian Munce, Planning Director, introduced an Ordinance that would add "for auto dealers, 'business' may include up to two cars being sold from the public right-of-way in front of the business premises" to the definition of "Business". This definition appears in the City's Business License Ordinance. After discussion, Council agreed to table this Ordinance for further review. Ordinance - Cable Franchise (Introduction Only) Mr. Steve Mansfield,. City Attorney, introduced the following Ordinance by title, "An Ordinance of the City of Anacortes, Washington, Granting Unto TCI Cablevision of Washington, Inc., the Right, Privilege, Authority and Franchise for Ten (10) Years to Construct, Maintain and Operate a Cable Television System for the Distribution of Television and other Electronic Signals within all City Rights -of -Way." Mr.. Mansfield pointed out that the RCW requires that the City introduce this Ordinance at one meeting and act on it at a subsequent meeting. Mr. Mansfield further reported that the Ordinance before Council at the subsequent meeting will not include the reference to the 5% franchsie tax. There being no further business, at approximately 11:10 p.m., the meeting was adjourned. V,444v-, P&4J4 isurer H. Dean Maxwell, Mayor Special Meeting of November 14, 1994 Mayor Maxwell called Special Meeting of November 14, 1994 to order at 7:30 p.m. Roll call found present: William Jackson, Bud Rock, Ben Root, Ted Parrish, Jeanne Robinette, Terry Christiansen, and Ray Sizemore. The City Council met in joint session with the Port of Anacortes Commissioners. Mayor Maxwell formally opened a public hearing on the Port Airport Master Plan Update. Mr. Jack Smith, Port Planner, provided background on the Port Master Plan Update process. Mr. Ian Munce, City Planning Director, summarized the issues from the City perspective. He present a November 9, 1994 memorandum summarizing the situation, together with a November 14, 1994 memorandum from the Mayor recommending that the Kingsway connection to Anacopper be referred for further study and public hearings. Mr. Dale Aspnes requested that budget information relative to the Anacortes Airport be presented in the Airport Master Plan. He added that many homes are within the 65 LDN zone and that accordingly, there should be a noise mitigation plan prepared. Mr. Aspnes specifically proposed that the following language be added to the Airport Master Plan: "A noise mitigation process shall be established for those residences and lots ultimately determined to be within the 65 LDN noise contour as required by Federal and State law." Mr. Robert Scholl spoke in favor of constructing the Kingsway/Anacopper connection. Mr. Richard Johnson urged the Port to adopt the Airport Master Plan as presented this evening and urged the City Council only to adopt the first three pages. Mr. Johnson went on to recommend that the City update its Transportation Plan and that the other airport issues be addressed through the Zoning Ordinance conditional use process. Mr. Johnson concluded by stating that the "designed aircraft" change was inappropriate, that the noise contour map was incorrect, and that development at the airport needed to be consistent with adjacent residential zoning. Mr. Jim Davis, President of C.C.A.R.E., stated that his group supported adoption of the Airport Master Plan with the Port's due consideration to the input submitted November 7, 1994. Mr. Bill Carlisle recommended that the City continue to consider the Kingsway connection but defer the matter for further study in the 1995 1=. Special Meeting of November 14, 1994 - continued update to the City Transportation Plan. Ms. Linda Brown stated her opposition to making the Anacopper/Kingsway connection. Mr. Malcolm Lorente and Mr. Bob Hawkins stated their agreement with this position. Former Port Commissioner, Mr. Jim Talbert, provided background as to the previous Port Commission's support for the Anacopper/Kingsway connection. Mr. Talbert spoke in favor of making the connection. Mr. Lloyd Garrett spoke against making this connection. Mr. Dean Holfort spoke in favor of making the connection. Ms. Beverly Ann Benedict spoke against funding the cost of implementing the improvements set out in the Airport Master Plan. Ms. Joyce Scholl spoke in favor of making the connection as a relief to the existing connection through Clearidge to Skyline. Ms. Lois Elbers, speaking for the Neighborhood Coalition (Northern Pacific Addition), stated her group's opposition to the connection and the proposed Anacopper L.I.D. but stated her group's support to upgrading Anacopper Mine Road to City standards, but not City arterial standards. Mr. Terry Hammond spoke against making the connection. Mr. Tom Preston urged that the City Council take a new look at the Transportation Plan. Mr. Richard Johnson stated that the Port should carefully consider its options before paying for off-site road improvements. Mr. Johnson added that he supported the proposed connection but not to City arterial standards. The public hearing was closed. Mr. Tom Phillips of Bucher, Willis and Radcliffe, airport consultants for the Port of Anacortes, answered questions. After discussion between the City Council and Port Commissioners, the Port Commission went on to adopt the Airport Master Plan and the Airport Layout Plan as presented. Ms. Robinette then moved that the City Council further consider how this Plan fits with City planning and zoning before taking any action. The motion was seconded by Mr. Sizemore. Vote: Ayes - Jackson, Rock, Root, Parrish, Robinette, Christiansen, Sizemore. Motion carried. There being no further business, the Special Meeting was adjourned at approximately 9:30 p.m. G o ge KhtIian, Cit Clerk -Treasurer November 21, 1994 �9. X H. Dean Maxwell, ayor Mayor Pro Tem Rock called the meeting of November 21, 1994 to order at 7:30 p.m. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Sizemore, that the Minutes of November 7, 1994 and November 14, 1994 be approved as if read. Vote: Ayes - Root, Sizemore, Rock, Jackson, Christiansen, Robinette, Parrish. Motion carried. Citizen Hearings Mr. Malcolm Lorente, 3820 West 4th Street, asked to bring Council's attention to the potential hazards associated with the retention ponds located at Nebraska and West 4th, Minnesota and West 6th and at the Hawkings construction site on West 6th. Mr. Lorente suggested that developers be required to fence or have protections in place. Correspondence There was no correspondence. Unfinished Business There was no unfinished business. CONSENT AGENDA: Mr. Sizemore moved, seconded by Mr. Root, that the following Consent Agenda items be approved. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried. 1113 November 21, 1994 - continued 1. Voucher Approval - 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, 1994 and November 17, 1994 are now approved for payment by the City Council as of this date, November 21, 1994. Council vote is unanimous. Claims Vouchers: November, 1994 - Warrant Numbers 39255 through 39415 in the total amount of $177,546.32 Electronic Transfer Funds: November, 1994 - in the total amount of $466,160.82 Draw Payroll: November, 1994 - Warrant Numbers 35924 through 36054 in the total amount of $64,999.00 2. Resolution Setting Public Hearing Date - 13th Street Vacation - Council adopted Resolution -,i No. 1333 setting December 19, 1994 as the Public Hearing date on a petition to vacate a portion of 13th Street. 3. Ordinance Changing Name of "B" Street - Council adopted Ordinance No. 2338 changing the name of "B" Street east of Shannon Point Road to Sheila Ann Court. 4. Resolution Adopting Cellular Phone Policy - Council tabled this item to the next regularly scheduled meeting. Contract Approval - Customer Service Desk Improvement Mr. George Khtaian, Finance Director, requested Council approval to execute a contract in the amount of $7,500.00 with Woodmill for the purpose of improving the Finance Department customer service counter. This work area is an identified feature requiring improvement in order to comply with the Americans with Disabilities Act. Mr. Gary Robinson, Director of Parks and Recreation and Mrs. Judy Grace, Purchasing Manager, spoke in favor of the improvements. Mr. Christiansen suggested that a more economical means be found to make the improvements. Mr. Jackson moved, seconded by Mr. Sizemore, to authorize staff to execute the contract. Vote: Ayes - Rock, Jackson, Sizemore. No - Christiansen, Robinette, Parrish, Root. Motion failed. Resolution - Adopting Washington Park Policies Mr. Gary Robinson, Director of Parks and Recreation, presented a Resolution amending policies for the operation of Washington Park. Mrs. Robinette asked that the Parks Department monitor, compare and report non-resident revenues. Mr. Root asked for clarification on launch and parking fees. Mrs. Robinette moved, seconded by Mr. Parrish, that a Resolution entitled, "A Resolution Amending Policies for the Operation of Washington Park" be adopted and given Resolution No. 1334. Vote: Ayes - Jackson, Christiansen, Robinette, Parrish, Root, Sizemore, Rock. Motion carried. Resolution Naming John M. Morrison Natural Park Mr. Gary Robinson, Director of Parks and Recreation, presented a Resolution recognizing the John M. Morrison Natural Park. This action has been reviewed and approved by the Forest Board. Mr. Robinson recommended that the Resolution identify the park area by deed reference rather than by drawing. With that change, Mr. Jackson moved, seconded by Mr. Sizemore, that a Resolution entitled, "A Resolution of the City Council of the City of Anacortes Dedicating and Nameing the 'John M. Morrison Natural Park Ares"'. Vote: Ayes - Christiansen, Robinette, Parrish, Root, Sizemore, Rock, Jackson. Motion carried. Public Hearing - TCI Cablevision Franchise - (This hearing is on tape and filed at City Hall) Mayor Pro Tem Rock opened the Public Hearing on the renewal of the TCI Cablevision Franchise. The Mayor announced that the hearing format would be two-pgrt: (1) Discussion and testimony on the Ordinance regulating cable television, and (2) Discussion and testimony on the Ordinance for the TCI Cabldvision Franchise. Mr. Steve Mansfield, City Attorney, clarified that the first Ordinance is a master communication ordinance and does not require a public hearing or majority plus one as does the franchise ordinance. Additionally, this master ordinance can be changed by Council without going through the franchise amendment proceedings. Mr. Mansfield then reviewed the legislative history and FCC regulation amendments. The proposed franchise is 10 years in length, requires a 1114 November 21, 1994 - continued rebuild of the system and an increase in the number of available channels to a minimum of 54, provides a public access channel, provides for the equipment to operate the public access channel, provides that the cable company will maintian the equipment used to insert the signal into the system, but does not provide for a franchise fee. Council can add that fee at a later date. Mr. Mansfield submitted Council Exhibit 1, a November 21, 1994 letter from Mr. David Bass. Mr. Mansfield concurred with Mr. Bass's recommendation for the addition of a definition of "fiber optics", definition of "expanded basic", addition of the definition of "high definition television" to the franchise ordinance and the addition of Section 5, "Upon a finding by the City Council that such features are reasonably required to meet community needs, taking into consideration the expense of providing such services, and the potential costs to subscribers, the City Council may require the implementation of such features in accord with the provisions of this agreement" to Section 5 of the master ordinance and to add the requirement to maintain a device to house customer information to Alternative 2. Mr. Mansfield also recommended formalization of the ad hoc Cable Communications Committee. Mr. William Larson, 1720 8th Street, suggested that TCI's payment late fee policy is excessive and that FM radio coverage be expanded to include 91.3, 91.7, 94.9, and 92.1. There were no further comments and the Mayor closed testimony on the Ordinance Regulating Cable Television. Mr. Christiansen moved, seconded by Mr. Sizemore, to table this Ordinance until a December Council meeting so that the City Attorney can incorporate these revisions. Vote: Ayes - Robinette, Parrish, Root, Sizemore, Rock, Jackson, Christiansen. Motion carried. The Mayor then opened the discussion on the TCI Franchise Ordinance. Mr. David Bass, 4104 Mitchell Drive, asked for a description of the new system, benefits and obligations to the subscriber. Mr. Bob Huisman, General Manager, TCI, discussed the new compression technology, the potential for 70 channels, emergency override, and the need for individual converters for a fee. Mr. Stan Patrovsky, 2716 Oakes Avenue, said that federal law requires that a conveniently located local office be provided. Mr. John Olson, 1720 24th Court, submitted Council Exhibit II, a November 16, 1994 letter. Mr. Olson said that a 70 -channel capacity should be in the contract, add "fiber optics", PEG access, provision for audit. Mr. Malcolm Lorente, 3820 West 4th, called for more information and a local office. Mr. Larson asked again for expanded FM radio selection. There were no further comments and the Mayor declared the discussion closed. Council then directed the City Attorney to amend the Franchise Ordinance and discussed audit, government channel, Local office, FCC formula for cable rates, DMX service versus FM service, provision for a local office, Penalties, charges for new channels, fiber optic cable, channel capacity. The amended Ordinance will also be before Council in December. Ordinance - Establishing Reserve Fund Mr. George Khtaian, Finance Director, presented an Ordinance that establishes a reserved fund balance for designated operating funds. Discussion followed regarding the urgency for developing the intent of the City's reserve fund. Discussion followed regarding unlimited annual reserve fund transfers versus setting funding parameters. The City Attorney pointed out that the Ordinance's super majority requirement may not be valid. With clarification changes to Sections 2 and 4, Mr. Parrish moved, seconded by Mrs. Robinette, that the Ordinance be adopted and given Ordinance No. 2339. Vote: Ayes - Parrish, Sizemore, Rock, Jackson, Christiansen, Robinette. No - Root. Motion carried. Urban Renewal Sale - Bill Wooding Mr. Ian Munce, Planning Director, introduced a Resolution and Real Estate Purchase Agreement between the City of Anacortes and Mr. Bill Wooding. The proposed agreement is for the sale of an approximately 2 -acre parcel of Urban Renewal property with one acre to be purchased within 60 days and the remaining acre to be purchased within 12 months at a sale price of $4.75/square foot. Mr. Sizemore moved, seconded by Mr. Parrish, that a Resolution entitled "A Resolution Authorizing a Sales Agreement by and Between the City of Anacortes and Mr. Bill Wooding" be adopted and given Resolution No. 1336. Vote: Ayes - Root, Sizemore, Rock, Jackson, Christiansen, Robinette, Parrish. Motion carried. :1115 November 21, 1994 - continued Contract Approval - Telephone System Mrs. Judy Grace, Purchasing Manager, presented a lease/purchase option contract between the City of Anacortes and GTE for the upgrade and improvement of the Clty's telecommunication system. Mrs. Grace pointed out that with these improvements the City will comply with the North American Number Plan. Mr. Jackson moved, seconded by Mr. Christiansen, to approve the lease/purchase option contract between the City of Anacortes and GTE. Vote: Ayes - Sizemore, Rock, Jackson, Christiansen, Robinette, Parrish, Root. Motion carried. With flowers and applause, the Council expressed great appreciation for Mrs. Grace's contribution on this project. Preliminary Design Services - Wastewater Pump Station Alarm Mr. Jim Pemberton, Director of Public Works, presented a proposal from Technical Systems, Inc. (TSI) of Lynnwood to assist the wastewater treatment plant manager in developing the scope of work for the pump station alarm system upgrade project. The result of a well defined scope of work will provide clear-cut parameters on equipment requirements and project objectives. Mr. Jackson moved, seconded by Mr. Sizemore, to authorize TSI preliminary design services for the telemetry system expansion project. Vote: Ayes - Rock, Jackson, Christiansen, Robinette, Parrish, Root, Sizemore. Motion carried. Ordinance - Licensing for High Vehicles Mr. Steve Mansfield, City Attorney, presented an Ordinance to Council providing for the licensing of for -hire vehicles and for -hire drivers and providing penalties. Council determined to hold this matter over for Study Session. Acceptance of Cranberry Dam Safety Improvement Construction Mr. Jim Pemberton, Director of Public Works, reported that the Cranberry Dam safety improvements construction has been completed. Mr. Pemberton discussed the increase in impervious fill amount and upstream erosion protection, both increased contract costs. After discussion Mr. Parrish moved, seconded by Mr. Sizemore, to accept the Cranberry Dam Safety Improvement Project as complete and to start the 30 -day lien period. Vote: Ayes - Jackson, Christiansen, Robinette, Parrish, Root, Sizemore, Rock. Motion carried. Continuation of Meeting At approximately 10:20 p:m., Mayor Pro -Tem Rock continued the November 21, 1994 City County meeting to Monday, November 28, 1994 and to Tuesday, November 29, 1994. At that time the Council will continue its deliberation on the proposed 1995 City of Anacortes Budget. Continued Meeting of November 21, 1994 on November 28 and 29 The Council reconvened public meetings on November 28 and 29 for the purpose of discussing the 1995 Budget. Following discussion, the Continued Meeting of November 21, 1994 was adjourned without taking any action. Geo Kht ian,City lerk-Treasurer December 5, 1994 �� H. Dean Maxwell, Mayor Mayor Maxwell called the meeting of December 5, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ben Root, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting With the correction of a typographical error on page 3, Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of November 21, 1994 be approved as if read. Vote: Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. December 5, 1994 - continued Citizen Hearings Mr. John Olson, 1710 24th Court, restated his concerns regarding the TCI Cablevision franchise renewal. In particular, Mr. Olson emphasized the need for a cablevision business office in Anacortes. Mayor Maxwell announced that the Franchise Ordinances will be on the December 19, 1994 Council agenda. Mrs. Beverly Ann Benedict, 2414 16th Street, reported on a City of Lynnwood park project for the disabled. She also expressed safety concerns regarding the new Washington Park road configuration. Sister Mary Matthew, 2709 Morton Avenue, discussed the potential need for a separate women and children's shelter. Correspondence Mayor Maxwell read a letter from Mrs. Margaret Yeoman, Citizen of the Year, 1994. Expressing her appreciation for the honor, Mrs. Yeoman said she shared this award with the many dedicated community volunteers. The Mayor then read a letter from Mr. David Ford, Special Assistant to the Mayor, announcing Mr. Ford's retirement in December, 1994. Mayor Maxwell announced that there will be a retirement party in January honoring Mr. Ford's 23 years of dedicated service to the City. Resolution - Cellular Phone Policies Mayor Maxwell introduced a Resolution, held over for further Council review, that establishes workable policies governing both the availability and use of cellular phones and payment of phone charges. After discussion regarding billing/payment procedures, Mr. Jackson moved, seconded by Mr. Sizemore, that a Resolution entitled "A Resolution Adopting a Cellular Phone Policy for the City of Anacortes and Repealing Resolution No. 1274, passed and approved on the 7th day of June, 1993", be adopted and given Resolution No. 1337. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried. Award - Government Finance Officers Association (GFOA) Mayor Maxwell announced that the City of Anacortes has received the GFOA's Distinquished Budget Presentation Award for its budget. Mayor Maxwell explained that this award, the only such award in Skagit County, represents a significant achievement by the City. In order to receive the budget award, the City had to satisfy nationally recognized guidelines for effective budget presentation. Expressing appreciation to all the Department Heads who contributed to the budget process, Mayor Maxwell presented the award to Mrs. Jenifer Troxel, Deputy Finance Director. Contract Approval - Customer Service Desk Improvement Mr. George Khtaian, Finance Director, presented a revised fund allocation proposal for the remodel of the customer service counter in the Finance Department. With this new payment distribution, Mr. Khtaian recommended that Council approve the Woodmill Corporation remodel bid of $7,560. Mr. Root expressed concern over the project cost. Mr. Jackson moved to approve the bid, seconded by Mr. Christiansen. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Sizemore. No - Root. Motion carried. CONSENT AGENDA: Mr. Christiansen moved, seconded by Mr. Sizemore, that the following Consent Agenda items be approved. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried. 1. Voucher Approval - 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 1, 1994 are now approved for payment by the City Council as of this date, December 5, 1994. Council vote was unanimous. Claims Vouchers: December, 1994 - Warrant Numbers 39454 through 39610 in the total amount of $365,299.30 Electronic Transfer Funds: November, 1994 in the total amount of $538,482.07 2. Resolution Setting Public Hearing Date - Anaco Beach Road Vacation - Council adopted Resolution No. 1338 initiating proceeding for the vacation of a portion of.Anaco Beach Road and setting January 17, 1994 as the Public Hearing on said proceeding. 1117 December 5, 1994 - continued 3. Warrant Cancellation - Council cancelled Warrant 438275 in the amount of $15.00. Public Hearing - Conditional Use Permit to Use Private Street as Access - Nicoll - 410 6th Street Mayor Maxwell opened the Public Hearing on a Conditional Use Application submitted by Ms. Jacquelyne Nicoll to use a private street as access to two potential building sites at approximately 416 6th Street. Mr. Ian Munce, Planning Director, reviewed the City's Subdivision Ordinance requirement that each building site have 30' access on an improved City street. An application can be made for a Private Access Conditional Use in those isolated cases where conventional road access is not possible. Mr. Munce reported that the Planning Commission recommended approval subject to the condition that "Solid waste containers shall be brought to the street." In conclusion, Mr. Munce exphasized that a development plan, when submitted, will be subject to City Fire and Building Codes. There was no public testimony and the Mayor declared the Public Hearing closed. Discussion followed regarding location of the project and development requirements. After discussion, Mr. Parrish moved, seconded by Mr. Root, to recommend approval of the Conditional Use Permit, with the condition recommended by the Planning Commission, to utilize a private street as access for two additional building sites at approximately 410 6th Street. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen. No - Robinette. Motion carried. Public Hearing - Preliminary Plat - Forest Park - 38th Street and "A" Avenue Councilman Christiansen excused himself from the Council Chambers for this item. Mayor Maxwell then opened the Public Hearing on a Preliminary Plat application submitted by Mr. Kelly Larkin for a 14 -lot subdivision on 3.5 acres located generally south of 38th Street and "A" Avenue. Mr. Ian Munce, Planning Director, pointed out that this was a straightforward standard proposal with no exceptions or variances required. The proposal, as conditioned, meets development standards including cul-de-sac, stormwater area and curb, gutter and sidewalks. The Planning Commission recommended approval of the Preliminary Plat subject to"23 conditions. There was no public testimony and the Mayor declared the Public Hearing closed. Discussion followed regarding open space requirements and Mr. Jackson moved, seconded by Mr. Rock, that the Preliminary Plat for Forest Park, subject to the 23 conditions recommended by the Planning Commission, be approved. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Robinette. Motion carried. Councilman Christiansen then. returned to the Council Chambers. Public Hearing - Petition to Vacate - Portion of Morton Avenue - Madauhs - (This hearing is on tape and filed at City Hall) Mayor Maxwell opened the Public Hearing on a Petition submitted by Ms. Patricia Madauhs to vacate the east 12 feet of Morton Avenue abutting Lots 12, 12 and the north 1/2 of 11, Block 10, First Plat of Ship Harbor. Mr. Jim Pemberton, Director of Public Works, reported that the Board of Adjustment recommended approval of this petition subject to a utility easement. Mr. Pemberton reviewed the First Plat to Ship Harbor right-of- way previusly vacated by Council action. He then reviewed an overhead display showing the subject property and the site plan to the north. He then submitted Council Exhibit 1, December 3, 1994 letter from Patricia Madauhs proposing an alternative to the vacation of the full 12 feet. Ms. Patricia Madauhs, 2709 Morton Avenue, spoke in favor of the vacation. She said the vacation would be necessary to retain a rock wall and mature tree now on her property. Mr. John Roberts, 2705 Morton Avenue, showed an overhead of the plat (Council Exhibit II). Mr. Roberts said the vacation would not benefit the public and would block his driveway access. He then reviewed the City development requirements he has had to meet. Sister Mary Matthew, 2709 Morton Avenue, questioned the survey prepared for the proponent. On a question from Mr. Christiansen, Mr. Roberts explained that the building department issued a building permit for his property and no survey was required. Mr. Frank Larsen, 2304 Forest View Lane, spoke against the vacation saying that it would block Mr. Roberts' access to his driveway. Mr. Don Rosenberg, 2713 Morton Avenue, spoke in favor of the vacation, pointing out that the City had already vacated 50' of Morton Avenue which is now part of Mr. Robert's building site. Mr. Jack Spaulding, 1401 Morton Avenue, spoke in favor of the vacation. Mr. Jim Anderson, 2102 10th Street, December 5, 1994 - continued attorney for the petitioner, pointed out that Mr. Roberts has benefited from the substantial City -approved vacation of Morton Avenue, has ample room to configure his driveway in another way, (photographs Council Exhibit III) and the applicant, through this vacation action, was looking to retain her existing driveway, rock wall and tree. Mrs. Beverly Ann Benedict, 2414 16th Street, spoke in favor of the vacation. Mr. Roberts and Ms. Madauhs both spoke again. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Pemberton then answered Council questions regarding future development of Morton Avenue, and the effect of this vacation on both the petitioner and Mr. Roberts with regard to both driveway accesses, the rock wall and the trees. On a question from Councilman Parrish, Mr. Steve Mansfield, City Attorney, explained "public benefit" with regard to street vacations, ownership of the right-of-way and of the trees in the right-of-way. Mr. Pemberton explained the realignment that would be necessary should Morton Avenue be developed to the north. Mr. Pemberton also discussed the City's encroachment agreement policy. After further discussion, Mr. Jackson moved, seconded by Mr. Rock, to table this matter to a January Council meeting and directed staff to negotiate with both parties with regard to an encroachment agreement. Mrs. Robinette asked for a street plan in this area. Vote: Ayes - Parrish, Root, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Public Hearing - Jenneskens Latecomers Agreement Mayor Maxwell opened the Public Hearing on an application for a Latecomer's Agreement submitted by Mr. Ted Jenneskens to recover costs incurred on the development of a retention basin as part of a 9 -lot short plat, Bayview Estates, at approximately 25th Street and "H" Avenue. Mr. Jim Pemberton, Director of Public Works, reported to Council that an incomplete latecomers application was submitted in January, 1994; estimates needed to complete the application were submitted in April, 1994; notification letters to abutting property owners were mailed in June, 1994. In response to this letter, Mr. Daryl Knutson, requested a public hearing on this matter and a hearing was set for August, 1994. The matter was pulled from the agenda to review the legitimacy of the application as it was submitted after construction was complete. After subsequent meetings with the applicant, it was determined to move ahead with the Public Hearing. Mr. Pemberton recommended that the application be denied. Mr. Ted Jenneskens, applicant, explained to Council that the retention pond for his project had been oversized, a condition that allowed future developments to use this facility without having to share in the development costs. He also said he was responsible, as the developer, for the retention pond through mid-May, 1994. Mr. Daryl Knutson, 1110 9th Street, current owner of the 9 -lot short plat to the south of Bayview Estates, purchased this property in May, 1994 and was unaware of any shared costs of the retention pond and had worked with City staff on the use of the retention pond for his project. He spoke against approval of the agreement. Mr. Curt Oppel, 2803 B Avenue, designer of the Knutson project, reviewed their own costs to hook up to this utility. He also was unaware of share responsibility for the retention pond development costs. Mrs. Beverly Ann Benedict, 2414 16th Street, urged the City to develop a shared - responsibility policy. Mr. Tom Bullock, 3702 "F" Avenue, recommended that the developers split the costs of the retention pond. There were no further comments and the Mayor declared the Public Hearing closed. Discussing his recommendation to deny this application, the City Attorney explained that the system is owned by the City. THere is a provision for the individual who installed that system to recover some of the costs from the people who benefit from the system (latecomer agreement). The latecomer agreement before Council was not applied for until the construction was virtually complete on the facility. The Jenneskens did not anticipate building the detention pond to a sufficient size that others could benefit from its use. Mr. Jackson moved, seconded by Mr. Root to deny the Latecomer's Application. Vote: Ayes - Root, Sizemore, Jackson, Rock, Parrish. No - Christiansen, Robinette. Motion carried. Public Hearing - 1995 Budget Mayor Maxwell opened the Public Hearing on the City of Anacortes 1995 Budget. Mr. George Khtaian, Finance Director, summarized the department, Council and staff meetings held on the 1995 Budget. The process culminates in the final formal Public Hearing on the proposed budget as required by law. Mr. Parrish clarified and Mr. Khtaian confirmed that the reserves are allocated by line item and mandatory. 1119 December 5, 1994 - continued Mrs. Beverly Ann Benedict, 2414 16th Street, thanked the Finance Department staff for its work on the budget. Mrs. Robinette expressed concern over cuts to capital facility improvements for next year. Mr. Parrish moved, seconded by Mr. Sizemore, that an Ordinance entitled "An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the Year 1995" be adopted and given Ordinance No. 2340. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried. Tourism Promotion Fund Selection Process Mr. Ian Munce, Planning Director, presented a draft Tourism Promotion Fund Rating Sheet for Council approval. With the addition of the word "state" and the deletion of the word "internal", Mr. Jackson moved, seconded by Mr. Rock, to approve the rating sheet. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Root, Sizemore. Motion carried. Council then appointed Mrs. Robinette, Mr. Christiansen, and Mr. Parrish to serve on the selection committee. Mr. Root will serve as an alternate. Mr. Rock moved, seconded by Jackson, confirming the appointees. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried. Resolution - Approving Labor Agreement - City and Teamsters Local 788 Mr. Gary Robinson, Director of Parks and Recreation, presented a Resolution to Council that would approve the Labor Agreement by and between the City of Anacortes and Teamsters Local No. 788 - Anacortes Municipal Employees covering the calendar years 1994, 1995 and 1996. With the deletion of the sentence, "The wage survey will be implemented" from the Summary set -out on the Resolution, Mr. Jackson moved, seconded by Mr. Sizemore, that the Resolution be adopted and given Resolution No. 1339. Mrs. Robinette spoke against approval. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen. No - Robinette. Motion carried. Reappointment Mayor Maxwell recommended the reappointment of Mrs. Erica Pickett and Mr. Murray Goddard to the Anacortes Planning Commission. Mr. Rock moved, seconded by Mr. Jackson, to approve the reappointments. Vote: Ayes - Christiansen, Robinette, Parrish, Root, Sizemore, Rock, Jackson. Motion carried. There being no further business, the meeting was adjourned at 11:00 p.m. ge Kytaian, C December 19, 1994 �y Clerk -Treasurer H. Dean Maxwell, Mayor Mayor Maxwell called the meeting of December 19, 1994 to order at 7:30 p.m. Roll call found present: Ted Parrish, Ben Root, Ray Sizemore, Bill Jackson, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting With a clarification on page 4, Mr. Christiansen moved, seconded by Mr. Jackson, that the minutes of December 5, 1994 be approved as if read. Vote: Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Citizen Hearings Mrs. Beverly Ann Benedict, 2414 16th Street, reported that the National Council on Disability has asked Mrs. Benedict to join their ADA Watch 2 and asked to meet with the appropriate City ADA representative. Mrs. Lois Elber, 3813 West 3rd St., representing a neighborhood coalition, thanked the Mayor, the Council subcommittee, and Mr. Jim Pemberton and Public Works staff for assisting the coalition with street signage and drainage issues. Correspondence There was no correspondence. 1120 December 19, 1994 - continued Ordinances (2) Regulating Cable TV and TCI Cablevision Franchise In response to a TCI Cablevision letter requesting additional time for the TCI attorneys to review the Ordinances, Mayor Maxwell and Council postponed action on these items until January, 1995. Consideration of Acceptance 1994 Overlay Project City Engineer, Mr. Gordon Bruchner, reported that the Council -approved 1994 "0" Avenue and 4th Street overlay project awarded to Lakeside Industries in the amount of $93,567.50 is complete. The final contract price is $94,874.62 which includes costs for the replacement of 23 manhole frames and covers. Mr. Bruchner recommended that the project be accepted as complete, initiating the mandatory 30 -day lien period. If no claims are made by the end of the lien period retainage monies will be released to Lakeside Industries. On a question from Mr. Root, Mr. Bruchner explained the costs related to replacement of curb and gutter, and grading and filling at "0" Avenue between 5th and 6th Streets. Mr. Jackson moved, seconded by Mr. Sizemore, to accept the project as complete in the total contract price of $94,874.62. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried. CONSENT AGENGA: Mr. Rock moved, seconded by Mr. Parrish, that the following Consent Agenda items be approved. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Root, Sizemore. Motion carried. 1. Voucher Approval - 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, 1994 and December 15, 1994 are now approved for payment by the City Council as of this date, December 19, 1994. Council vote is unanimous. Claims Vouchers: December, 1994 - Warrant Numbers 39615 through 39755 in the total amount of $514,455.93 Prewritten Claims: November, 1994 - Warrant Numbers 39082, 39253-39254, 39416- 39417 in the total amount of $6,719.60 Payroll: November, 1994 - Warrant Numbers 36060 through 36284 in the total amount of $393,243.39 Benefit Payroll: November, 1994 - Warrant Numbers 39418 through 39423 in the total amount of $129,829.46 2. Findings of Fact - Forest Park Preliminary Plat - Council adopted Findings of Fact and Conclusions of Law on the Forest Park Preliminary Plat. 3. Reappointments - Appointment - Mayor Maxwell recommended and Council approved the reappointment of Mr. Terry Dorn to the Parks and Recreation Advisory Commission, Mr. Rick Haley to the Forest Advisory Board, Mrs. June Gates to the Housing Authority Board and approved the appointment of Mrs. Verna Berentson to the Housing Authority Board. 4. Write Off - Miscellaneous/Utility Accounts Receivable - Council approved the write off of utility accounts 50-0-002-0 in the amount of $86.13 and 50- 0-060 in the amount $237.60 and miscellaneous accounts AlEX01 in the amount of $1,784.76, CASCOI in the amount of $59.40, and TERR01 in the amount of $380.32. 5. Warrant Cancellation - Council approved the cancellation of Warrant No. 21495 in the amount of $500.00. Public Hearing - Street Vacation - Portion of 13th Street - Security Investors, Inc. Mayor Maxwell opened the Public Hearing on a petition submitted by Security Investors, Inc. to vacate 13th Street between "N" and "0" Avenues. Mr. Jim Pemberton, Director of Public Works, addressed this item by first presenting an overhead display of the area to be vacated. He reported that the applicant is proposing to develop a senior retirement center and will use the vacated right-of-way for the development of this project. The Board of Adjustment at the conclusion of Public Hearing on this matter declined to make a recommendation to Council stating that this development issue is a planning function and not within the Board's purview. Mr. Pemberton then reviewed the existing land uses and previously vacated streets in the vicinity of the proposed vacation. Finally, Mr. Pemberton said that 13th Street was not a 1121 December 19, 1994 - continued recommended improvement in the City's arterial street program and that staff responded to this petition with either no comment or with' recommendations for approval. Mr. Kent Haberly, 2915 E. Blackburn Road, Mt. Vernon, representing Security Investors, Inc., said his firm is in the early stages of planning for a senior retirement facility to include both assisted care and independent living. Mr. Lanney Wixson was also present representing Security Investments, Inc. Mr. Haberly reported that Security Ivestments met with the neighbors on 13th Street and vicinity. He then presented a letter from the Anacortes Christian Church is support of the vacation (Council Exhibit 1). Mr. Haberly has met with City staff to discuss preliminary development and access issues. There were no further comments and the Mayor declared the Public Hearing closed. On a question from Mrs. Robinette, Mr. Steve Mansfield, City Attorney, explained the criteria for vacation of City right-of-way and explained the method of compensation to the City for the right-of-way and legislation governing same. Mr. Ian Munce, Planning Director, citing citizen concern regarding the encroachment of commercial development up 12th Street, said that this proposed project would provide for a transition between commercial and residential districts. On a question from Mr. Christiansen, Mr. Munce explained that the vacation, if approved, would not add to the density allowed in that zone but would make for a better utilization of the site. Councilmembers discussed concerns regarding the project impact. Planning Director Munce stated that final Council approval of the street vacation could be made at the same time that a building permit is issued and an award made for a binding contract for construction for the senior housing facility. Mrs. Robinette discussed the significance of a circulation and sidewalk development plan. Mr. Parrish moved, seconded by Mr. Christiansen, that the vacation be approved and that the enabling Ordinance vacating the right-of-way be adopted at the time of issuance of a building permit and of a binding contract for construction for the senior retirement center. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried. Longview Waterline Upgrade - McGaw Mr. Jim Pemberton, Director of Public Works, explained that Mr. William McGaw wishes to build a single family home on the east end of Longview Avenue. In reviewing this proposal, staff determined that there was not sufficient fire protection to service this building site without the installation of a fire hydrant or sprinkler system. The Public Works Department recommends that the City provide materials and Mr. McGaw provide the design and construction of the waterline extension to bring him into compliance with fire codes. Mr. Jackson moved, seconded by Mr. Rock, to approve the waterline upgrade as proposed by the Public Works Department. Vote: Ayes - Robinette, Rock, Parrish, Root, Sizemore, Jackson, Christiansen. Motion carried. 1994 Budget Amendment Ordinance Mr. George Khtaian, Finance Director, presented an Ordinance to Council previously reviewed in Study Session. The Ordinance would reflect additional revenues and expenditures from the following funds: General, Washington Park, Police Substance Abuse, Growth Management Capital Improvement and Firemen's Pension.' Mrs. Robinette moved, seconded by Mr. Sizemore that an Ordinance entitled "An Ordinance Amending Ordinance No. 2304 Approved and Adopted on December 6, 1993 and entitled 'An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the Year 1994"' be adopted and given Ordinance No. 2341. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried. Ordinances (2) - Cash Transfer Finance Director, Mr. George Khtaian, presented an Ordinance to Council that would transfer $140,000 to the Federal Aid projects fund (309) for anticipated year-end cash requirements. Mr. Rock moved, seconded by Mr. Christiansen, that an Ordinance entitled "An Ordinance Requesting Council Approval of 1994 Year -End Cash Transfers Between City Funds" be adopted and given Ordinance No. 2342. Mr. Ian Munce, Planning Director explained that the second cash transfer Ordinance was pulled from the agenda because the Fulton Urban Renewal Sale was completed. Mr. Munce thanked the City Attorney and Mr. and Mrs. Armstrong for their assistance on this project. Because of the completion of the sale and accompanying documents, the proposed $20,000 cash transfer would not be necessary. Vote: Ayes - December 19, 1994 - continued Parrish, Root, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried. Ordinance - 1995 Tax Levies Mr. George Khtaian, Finance Director, presented an Ordinance to Council that would levy a tax upon real and personal property within the City of Anacortes for the year 1995. Mr. Khtaian reviewed: levy information received from the Assessor's office, the 6 -cent levy increase over 1994, and total tax levies including city, schools, county, hospital, port and pool. Mr. Christiansen moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Levying a Tax Upon Real and Personal Property within the City of Anacortes, Skagit County, Washington for Municipal Purposes for the Year 1995" be adopted and given Ordinance No. 2343. Vote: Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried. Resolution - Authorizing 911 Dispatch Services for Swinomish Tribal Community Police Chief, Mike King, presented a Resolution and agreement between the City of Anacortes and the Swinomish Tribal Community for the City of Anacortes to be a public service answering point for 911 calls and other emergency dispatch services for the Swinomish Tribal Community. Councilmembers discussed rtcord keeping to develop cost -per -call data. Mr. Jackson moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Authorizing and Dirdcting Execution of an Agreement by and between the Swinomish Tribal Community and the City of Anacortes Designating the City of Anacortes as a Public Service Answering Point for 911 Calls" be adopted and given Resolution No. 1340. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried. Tourism Promotion Fund Decisions Mayor Maxwell reviewed the background on the State's levying of a 2% sales tax for local communities to promote tourism. The City has an ordinance in place governing management of its Tourism Promotion fund. Additionally, the City has established a tourism fund application process and has appointed a 3-Councilmember committee to review the applications and to make recommendations to the full Council. The committee recommended awards to: Visitor Information Center, $20,000; Tourist Guide (Chamber), $12,500; Book and Paper Show (Senior Center), $1,500; 1995 Arts & Cultural Events Calendar (Arts Coalition), $1,445; W.T. Preston, $15,000; Heritage Tourism Marketing Program, $4,175; Waterfront Festival, $3,000; Act 'Theater, $3,500. Mr. Christiansen thanked Mr. Ian Munce, Planning Director, for his assistance in this process. Mr. Munce said that a letter would be sent to the approved projects and work would then commence on individual contract proposals. Mr. Sizemore moved, seconded by Mr. Root to approve the committee recommendations. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Root, Sizemore. Motion carried. Mayor Maxwell then presented two additional Resolutions for Council review and action. Sewer Feasibility Study Mayor Maxwell read a Resolution that, referencing March Point Urban Growth Area requests for sewer service and letters of opposition will be kept on file awaiting final consideration of the feasibility and costs of providing sewer to that area. This consideration .can be made only after the budgeted Sewer Feasibility Study has been completed (Resolution No. 1341). Request to County Commissioners Regarding Marches Point Urban Growth Area Mayor Maxwell read a Resolution requesting that the Board of County Commissioners direct the Skagit County Planning Commission to follow the mandates of the Growth Management Act and the Countywide Regional Planning Policies and that the Board of County Commissioners open a direct dialogue with the Mayor and City Council of the City of Anacortes on the City of Anacortes' Urban Growth Area proposal (Resolution No. 1342). Mr. Rock moved, seconded by Mr. Sizemore, that Resolution Numbers 1341 and 1342 be adopted. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried. Mayor Maxwell announced that there would not be a Study Session on Tuesday, December 27, 1994. There being no further business, the 9:10 P.M. i Ge e Kh ian, Cit Clerk -Treasurer meeting was adjourned at approximately H. Dean Maxwell�Mayor