HomeMy WebLinkAbout1995 City Council Minutes1123
January 3, 1995
Mayor Maxwell called the meeting of January 3, 1995 to order at 7:30 p.m.
Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry
Christianson, Jeanne Robinette, Bud Rock. Absent: Ben Root. Roll call
was followed by the Pledge of Allegiance to the Flag.
Minutes of Previous Meeting
Mr. Jackson moved, seconded by Mr. Parrish, that the minutes of December
19, 1994 be approved as if read. Vote: Ayes - Sizemore, Jackson,
Christiansen, Robinette, Rock, Parrish. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict,
Commercial Avenue and asked
streets after an accident to
Correspondence
There was no correspondence.
2414 16th Street, reported broken glass on
that, if possible, glass be swept off the
protect the motoring public.
Consent Agenda
Mr. Christiansen moved, seconded by Mr. Sizemore, that the following Consent
Agenda items be approved. Vote: Ayes - Jackson, Christiansen, Robinette,
Rock, Parrish 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 December 22, 1994 and December 29, 1994, are
now approved for payment by the City Council as of this date, January 3,
1995. Council vote was unanimous.
Claims Vouchers
Dec, 1994 Warrant Number 39764
$513,715.92
Electronic Transfer Funds
Dec, 1994 in the total amount of
Draw Payroll
Dec, 1994 Warrant Numbers 36285
$87,944.65
Claims Vouchers
Jan, 1995 Warrant Numbers 39938
$16,670.74
through 39937 in the total amount of
$26,629.00
through 36423 in the total amount of
through 39963 in the total amount of
Resolution Setting Public Hearing Date
Council adopted Resolution No. 1343 setting February 6, 1995 as the Public
Hearing date on a Petition to Vacate a portion of right-of-way adjacent to
Rotary Park.
Corrpro Co., Inc. Contract Cathodic Protection Installation
Mr. Jim Pemberton, Director of Public Works, presented an Agreement between
the City of Anacortes and Corrpro Companies, Inc. for the furnishing and
installing of cathodic protection for the 3 -million gallon reservoir on
Whistle Lake Road and for the 12" watermain replacement near Sharpe's Corner
and Fidalgo Bay Road. Questions followed regarding cathodic protection,
project inspection, contracting procedures and in-house inspection of the
work to be done and contractor accountability. Mr. Jackson moved, seconded
by Mr. Rock, to approve the contract. Vote: Ayes - Christiansen,
Robinette, Rock, Parrish, Sizemore, Jackson. Motion carried.
Ordinance - Amending Ordinance # 2275 Pertaining to Sewer Rates
Mayor Maxwell presented to Council an Ordinance # 2344 that would amend
Ordinance No. 2275 setting base and commodity charges for City of Anacortes
sewer rates. Mayor Maxwell explained that analysis of the sewer fund shows
that operating cash and capital reserves appear sufficient to warrant
cancelling the automatic January 1, 1995 sewer rate increase. Until such
time as a further rate increase is deemed necessary, this amending Ordinance
will rescind the increase mandated by Ordinance # 2275. Mr. Parrish moved,
seconded by Mr. Jackson, to adopted Ordinance # 2344. Vote: Ayes -
Robinette, Rock, Parrish, Sizemore Jackson, Christiansen. Motion carried.
Mr. George Khtaian, Finance Director, expressed appreciation to the Mayor,
1124
January 3, 1995 - continued
Council, and staff, particularly Mr. Jim Pemberton, Public Works Director,
for their united efforts in keeping costs down.
The Planning Director, Mr. Ian Munce,
Council on water rights, the Fidalgo
No action was taken on these items.
meeting was adjourned at 8:40 p.m.
L
-4-
Geo Kht ian, City Clerk -Treasurer
January 17, 1995
then held discussions with the City
Bay Plan and the Sewer Plan Update.
There being no further business the
H. Dean Maxwell,/Mayor
The meeting was called to order at 7:30 p.m. by Mayor Maxwell.
Roll call showed the following: Present - Sizemore, Jackson, Christiansen,
Robinette, and Rock. Absent: Parrish, Root.
Minutes of the Previous Meeting
A motion was made by Christiansen 'and seconded by Jackson to approve the
minutes of the previous meeting. Ayes: Sizemore, Jackson, Christiansen,
Robinette, Rock.
Citizen Hearings
Beverly Ann Benedict spoke concerning her non -selection on a park committee
and discuss the Rails to Trails program.
Priscilla Choate of the Anacortes Women to Today spoke regarding the 4th
of July celebration which is being planned. She had questions as to why
the Anacortes Women of Today were not included in the funding grants for
the two percent monies. City Attorney Mansfield responded.
Bart Evans spoke regarding drainage problems and thanked the City for its
help. He left a statement with the Council regarding problems on 28th
Street where he lives as to development.
Correspondence
There was no correspondence.
Morton Avenue Vacation
After discussion, a motion was made to deny the request for vacation of
a portion of Morton Avenue by Robinette and seconded by Christiansen. Vote:
Ayes - Christiansen, Robinette, Rock, Sizemore. No - Jackson. In the
discussion, Robinette stated that she opposed because there was no street
plan for the area and that miscellaneous, one at a time street vacations
create a patchwork effect with no particular reason and that Mr. Roberts
had sited his house as the City had required. She suggested that a street
plan be prepared for the area. Other Council members agreed with her and
it was suggested that the Traffic Committee consider such a street plan.
Ordinance - Vacating a Portion of Illinois Avenue
It was moved by Jackson and seconded by Sizemore that Ordinance No. 2345,
entitled "An Ordinance Vacating the Westerly 40 Feet of Illinois Avenue
Abutting Lot 1, Block 011, Northern Pacific Addition to the City of
Anacortes" be approved. Vote: Ayes - Christiansen, Robinette, Rock,
Sizemore, Jackson.
CONSENT AGENDA:
It was moved by Rock and seconded by Christiansen that the Consent Agenda
be approved. Ayes: Robinette, Rock, Sizemore, Jackson, Christiansen.
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
January 5 and 12, 1995 are now approved for payment by the City Council
as of this date, January 17, 1995. Council vote is unanimous.
Claims Vouchers: December, 1994 - Warrant Numbers 39973 through 40044 in
the total amount of $198,029.42
1125
January 17, 1995 - continued
Payroll: December, 1994 - Warrant Numbers 36425 through 36648 in the total
amount of $416,031.84
Benefit Payroll: December, 1994 - Warrant Numbers 39964 through 39967 in
the total amount of $40,487.71
Claims Vouchers: January, 1995 - Warrant Numbers 40045 through 40073 in
the total amount of $230,534.85
2. Reappointment - Mayor Maxwell recommended and Council approved the
reappointment of Mr. Paul Topper to the Library Board.
Approval of Tourism Fund Contracts for 1995
The Council discussed the proposed contract form and the resolution
accompanying it. Robinette proposed an addition to the proposed resolution
which would require more specific reference to the scope of the contracts.
After some discussion, it was moved by Rock and seconded by Jackson that
Resolution No. 1344 be approved. Vote: Ayes - Rock, Sizemore, Jackson,
Christiansen. Abstain - Robinette.
Public Hearing - Anaco Beach Road Vacation
Mayor Maxwell opened the public hearing and Gordon Bruchner explained that
the City was proposing a vacation now that the new Anaco Beach Road had
been completed. The proposal is to vacate the old Anaco Beach right-of-
way which does not completely follow the platted right-of-way which was
dedicated to the City as part of the Skyline Development. Portions of the
old Anaco Beach Road extended outside of the platted right-of-way and
encroached upon platted lots in the Skyline Division. Mr. Ken Wilson who
lives in Skyline and is a member of the Board of Adjustment spoke.
The public hearing was closed. It was moved by Jackson and seconded by
Sizemore that the proposed vacation be granted. Vote: Ayes - Sizemore,
Jackson, Christiansen, Robinette, Rock.
Final Plat, Parkside Division II
Ian Munce explained the background on the Parkside Division II and
indicated that the final construction on the plat was complete and that
he was recommending approval of the final plat subject only to the
furnishing of a bond by the developer in the amount of $10,447.20 to cover
the bid to pave the cul-de-sac shown on the plat drawings and, further,
that the developer will add on the plat drawings a 20 foot natural
vegetation easement on the north side of the plat map. Mr. Munce further
advised that the Planning Commission recommended approval. It was moved
by Sizemore and seconded by Christiansen that the final plat be approved
subject only to the two conditions outlined by Mr. Munce. Vote: Ayes -
Jackson, Christiansen, Robinette, Rock, and Sizemore.
Permission to Call for Bids
CFP projects and consultant selection. Gordon Bruchner outlined the
projects for which he was requesting permission to go .to bid and also
outlined the projects where he was requesting authority to commence the
consultant selection process. Those projects were as follows:
Miscellaneous Street Overlays
Miscellaneous Pavement Overlays and Seal Coats
Waterline Replacement
Sharpes Corner Fidalgo Bay Waterline Replacement
Sewer Main Replacement
Pump Station Bypass, Bryce Court
Filter Media Pilot Study
Horizon Heights Ground Water Study
24 Inch Waterline Replacement
Fidalgo Bay Sewer Study
CO Monitoring Online 503
After discussion, it was moved by Jackson and seconded by Rock that the
requested authority to call for bids and commence the consultant selection
process be granted. Vote: Ayes - Christiansen, Robinette, Rock, Sizemore,
Jackson.
Executive Session
Mayor Maxwell announced that the Council would adjourn into Executive
Session for 30 minutes to discuss potential property acquisition and
potential litigation. The meeting would be adjourned with no further
January 17, 1995 - continued
action after the Council adjourns the Executive Session.
�L/ 4
Gee K aiaii, City Clerk -Treasurer 04
February 6, 1995
fsi Q
xl
H. Dean Mawel, ayor
NOTE: This meeting has been taped. The tapes are on file at City Hall.
Mayor Maxwell called the meeting of February 6, 1995 to order at 7:30 p.m.
Roll call present: Ted Parrish, Ben Root, Ray Sizemore, Terry Christiansen,
Jeanne Robinette, Bud Rock. Absent: Bill Jackson. Roll call was followed
by the Pledge of Allegiance to the Flag.
Minutes of Previous Meeting
Mrs. Robinette recommended the following amendment to the minutes of January
17, 1995: UNFINISHED BUSINESS, Morton Avenue Vacation, (add) "...and that Mr.
Roberts had sited his house as the City had required" to the second sentence.
Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of
February 6, 1995 be approved with the amendment recommended by Mrs.
Robinette. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock. Abstain:
Parrish, Root. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, read a February 6, 1995 letter
addressed to the City Council regarding the updating of the 1988 Anacortes
Comprehensive Park & Recreation Plan. The letter, in part, lists those
individuals and agencies Mrs. Benedict suggests should be given the
opportunity to comment on the Plan update. (Mrs. Benedict's comments are
on tape and filed at City Hall.)
Mrs. Lois Elber, 3813 W. 3rd Street, representing a neighborhood coalition,
asked to address the agenda item, Ordinance, Stormwater Regulations. Mrs.
Elber highlighted two sections of the Ordinance for further review: (1)
"purpose" section versus "broad general, discretionary powers of the
Director" with regard to design and construction standards, and (2) retention
facilities. Mrs. Elber read from her letter to Councilmember Robinette with
regard to the detention ponds at the Sterling Place, Sterling Heights and
Cranberry Heights developments. Mention was also made of the hazards
associated with the unfenced ponds. (Mrs. Elber's comments are on tape and
filed at City Hall.)
Correspondence
There was no correspondence.
Consideration of Award of Contract on Sewerline Rehabilitation
Mr. Gordon Brucner, City Engineer, presented a request to Council for
approval of a contract with Gelco Services, Inc. for the rehabilitation of
the deep alley sanitary sewer between 6th and 7th Streets. Mr. Bruchner
described the proprietary technique used to produce the pipe's continuous
inner structure. The proposed contract amount is $33,480 and the work is
budgeted at $35,000. Mr. Sizemore moved, seconded by Mr. Rock to approve
the contract with Gelco Services, Inc. Vote: Ayes - Sizemore, Christiansen,
Robinette, Rock, Parrish, Root. Motion carried..
Ordinance - Stormwater Regulations
Mr. Jim Pemberton, Director of Public Works, presented an Ordinance to
Council that would clarify development policies and construction procedures
with regard to the City's watercourses. Mr. Pemberton reported that the
draft Ordinance before Council has incorporated recommendations made by the
Planning Commission. Mr. Pemberton also clarified that the existing
stormwater management ordinance would be replaced by the completed draft
before them, but that the City's other critical area ordinances would be
supported by the draft. Councilmembers recommended that this Ordinance be
placed on a Study Session agenda. Mr. Parrish asked that a synopsis of the
ordinance by made available.
1127
February 6, 1995 - continued
Ordinances (2) TCI Cablevision Franchise
Mr. Steve Mansfield, City Attorney, presented the enabling Ordinance that
applies to any and all cable communication systems together with an
Ordinance that grants a 10 -year franchise to TCI Cablevision system. Mr.
Mansfield reviewed the issues raised at the previously held Council public
hearing on this metter, specifically, Section 11, penalties, and Section
5, future provisions (local office). Mr. Mansfield referred to his February
1, 1995 Memorandum outlining the rationale for the changes. Mr. Mansfield
also addressed a February 6, 1995 Memorandum from Mrs. Robinette addressing
franchise performance date, interactive services and penalties.
Mr. Rock then moved, seconded by Mrs. Robinette, to adopt Ordinance #2346
entitled "An Ordinance of the City of Anacortes, Washington, Relating to
Cable Television Communications Regulations, and Establishing New
Conditions, Requirements, Obligations and Duties of construction,
Maintenance and Operation of Cable Communication Systems as may be
Authorized under Franchise with the City."
Mr. Stan Patrovsky, 2716 Oakes Avenue, asked that contractual penalties be
sufficient to ensure proformance. On a question from Mr. Parrish, Mr. Bob
Huisman, General Manager, TCI, stated that TCI currently has fiber optic
lines that carry services and feeds from the networks; both main lines and
trucks will be fiber optic cable in three to five years. On a question from
Mr. Christiansen, Mr. Huisman discussed equipment distribution. Mr. John
Olson, 1710 24th Court, asked if the system would be improved within 18
months and emphasized the need for an office in Anacortes. On a question
from Mr. Sizemore, Mr. Huisman explained that there would be a place in
Anacortes where payments could be made and converter boxes can be dropped
off. No new service or account activity will be conducted from that
location; however, there is an 800 number in place for account activity.
Mr. Root pointed out a minor correction on page 18.
Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore.
Motion carried.
On the Franchise Ordinance, Mrs. Robinette clarified her objections to
revisions to Sections 5, 6, 7, and 11. Mr. Olson proposed a 2 -week delay
on this Ordinance so that Mr. David Olson, head of cable communications for
the City of Portland, could research questions raised regarding definition
of "conveniently located" office. Mr. Parrish suggested that costs of full-
service office would be passed on to the ratepayer. Mr. Sizemore stressed
the need for a full-service office. Mr. Root expressed concern that there
would be a need for TCI customers to go to Burlington to either pick up or
drop off TCI equipment. Mr. Heisman reiterated TCI's position of
performance and warned that there could be a 36 -month wiat for rebuilds if
the Franchise is delayed. Discussion followed. Mrs. Robinette restated
her concern that discretion be taken out of Section 5. Mr. Parrish moved,
seconded by Mr. Christiansen, to adopt Ordinance No. 2347, entitled, "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 -Ways." Mr. Mansfield pointed out that
in adopting a franchise, an affirmative vote of 5 councilmembers is
required. Vote: Ayes - Rock, Parrish, Root, Sizemore, Christiansen. No -
Robinette. Motion carried.
Lease Agreement between City and Anacortes Senior Citizens Advisory
Committee
Mr. Steve Mansfield, City Attorney, presented a Resolution and Lease
Agreement between the City of Anacortes and the Anacortes Senior Center
Advisory Committee for the SEnior Center and Head Start Program at the
Fidalgo Center. In reporting on this matter, Mr. Steve Mansfield, City
Attorney, reviewed the long-term discussions that have taken place in regard
to the Fidalgo Center which is nearing completion. Particular concerns
regarding the lease now before Council are (1) the maintenance clause(s)
requiring the City as the lessor to maintain the premises, and (2) the
matter of the Head Start Rental.
In a February 6, 1995 memorandum, Mrs. Robinette suggested lease
maintenance, rental and language changes. Discussion followed regarding
building rentals as potential source of revenue for the seniors, Community
Block Grant stipulations regarding maintenance requirements, and Head Start
rentals. Council directed that Section B., Head Start Rental be amended by
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1 1 L •
February 6, 1995 - continued
deleting the words "up to but not exceeding" in the second sentence, changing
It to "said", deleting the word "have", and directing the City Attorney
to add language regarding contingency funds equaling one year's Head Start
rental. Council also agreed that Section 5.B. Maintenance be amended to
include language regarding date of termination of the City's obligation to
maintain and repair the fidalgo Center. With those changes, Mr. Christiansen
moved, seconded by Mr. Rock, to adopt Resolution No. 1345 authorizing execution
of a Lease Agreement between the City of Anacortes and the Anacortes Senior
Citizen Advisory Committee. Ayes - Rock, Parrish, Root, Sizemore,
Christiansen, Robinette. Motion carried.
CONSENT AGENDA:
Mr. Christiansen requested that Agenda Item #3 be removed from the Consent
Agenda. With that, Mr. Root moved, seconded by Mr. Sizemore, that the
following Consent Agenda- items be approved. Vote: Ayes - Parrish, Root,
Sizemore, Christiansen, Robinette, Rock. 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 January 19, January 26, and
February 2, 1995, are now approved for payment by the City Council as of this
date, February 6, 1995. Council vote was unanimous.
Claims Vouchers: December 1994 - Warrant Numbers 40075 through 40175 in the
total amount of $194,383.33. February, 1995 - Warrant numbers 40187 through
40301 in the total amount of $112,552.15.
Prewritten Claims: December, 1994 - Warrant Numbers 39611-39614, 39756-39763,
39970-39971 in the total amount of $114,437.41.
Payroll: January, 1995 - Warrant Numbers 36778 through 37000 in the total
amount of $380,462.10.
Electronic Transfer Funds: January, 1995, in the total amount of $37,007.82.
Draw Payroll: January, 1995 - Warrant Numbers 36649 through 36777 in the total
amount of $66,649.00.
Benefit Payroll: January, 1995 - Warrant Numbers 40180 through 40185 in the
total amount of $134,358.57.
2. Ordinance - Vacation of Portion of Anaco Beach Road - Council adopted
Ordinance No. 2348 vacating portions of Anaco Beach Avenue.
3. Resolution - Contract with Anacortes Community Health Council - Council
adopted Resolution No. 1346 authorizing an agreement between the City and the
Anacortes Community Health Council for the provision of certain wellness
services.
4. Warrant Cancellations - Council approved the cancellation of Warrant Number
40095 in the amount of $57.19 and Warrant Number 36693 in the amount of
$200.00.
5. Resolution Setting Public Hearing Date LID #201 - Council adopted
Resolution No. 1348 setting March 6, 1995 as the hearing date for Local
Improvement District No. 201.
Resolution - Agreement with Skagit County Community Action Agency (SCCAA)
Mayor Maxwell introduced Mrs. Karen Parnell, SCCAA Deputy Director. Mrs.
Parnell provided an overview of the services provided by the Agency including
satellite services for Anacortes residents, energy assistance, child care
resource and referral and WIC clinic. Mr. Christiansen asked that the Council
be provided a more detailed budget and annual report. Mr. Christiansen moved,
seconded by Mr. Rock, that Resolution No. 1346 entitled "A Resolution
Authorizing and Directing Execution of a Memorandum of Agreement by and between
the City of Anacortes and Skagit County Community Action Agency" be adopted.
Vote: Ayes - Root, Sizemore, Christiansen, Robinette, Rock, Parrish. Motion
carried.
Public Hearing - Horizon Heights Divisions III & IV Preliminary Plat
Modification
Mayor Maxwell opened the Public Hearing and introduced Mr. Ian Munce, Planning
Director. Mr. Munce provided the background on this plat modification request.
He started by pointing out that there is an existing approved subdivision that
1129
February 6, 1995 - continued
the City Council, after public hearing, approved called Horizon Heights
Divisions III & IV generally located at the intersection of 32nd and "H"
Avenue. Reading from his February 1, 1995 emeorandum to the Council, Mr.
Munce discussed the project condition that states that all lots on the
south side of proposed street "B" shall be limited to single story
residences. The limitation was imposed due to concerns that two-story
homes would negatively affect the adjacent existing neighborhood. The
proponent took exception to this condition and filed an appeal in Skagit
County Superior Court. This appeal is pending.
In order to address these concerns, Mr. Munce reported that the applicant
has proposed a rear yard setback of 55 feet for 2 -story homes and a rear
yard setback of 40' for 2 -story homes on the lots adjacent to Down Jones
Way. After conducting a public hearing and taking testimony from the
neighbors, the Planning Commission recommends to Council that Condition
428 be amended as follows: "Lots 36-38 of Division III and Lots 18-25 of
Division IV shall have a rear yard setback of 55 feet and a maximum height
of 27 feet for two-story homes and a rear yard setback of 40 feet and a
maximum height of 18 feet for single -story homes." Mr. Munce pointed out
that there is no prohibition to remodeling a home on Down Jones Way
(Horizon Heights Division I and II) into a 2 -story structure. The Director
then submitted Council Exhibits I and II, a letter of protest and
photographs from Alyce Andrews, 1914 Down Jones Way.
The following individuals testified: Mr. John Leonard, engineer for the
applicant, presented Exhibit III showing single and two story plate lines;
Mr. Terry Danish, attorney for the applicant, supported the Planning
Commission recommendation and requested that the record be amended to 30'
for 2 -story height and 20' for single story height; Ms. Alyce Andrews, 1914
Down Jones way, protested two-story homes and objected, on the appearance
of fairness basis, to Councilman Christiansen hearing this matter; neither
Mr. Christiansen nor the City Attorney were aware of cirsumstance that
would impose a violation of the appearance of fairness or an actual
conflict of interest in this case; Mr. Paul Simerly, attorney for some
adjacent property owners, discussed the many interpretations of "view",
argued that 2 -story homes would reduce the value of homes on Down Jones
Way, and read a statement from Brian and Becky Burch protesting 2 -story
homes; Mr. Bill barnes, 4501 Camano Place, pointed out that a structure
would actually have to be over 200 feet away from Down Jones Way to not
block views; Mr. Tom Bullock, 3702 "F" Avenue said he lost a view in his
front yard and privacy in his back yard when houses were building next to
his house; Mr. Ron Closson, 2000 Down Jones Way, spoke about loss of
property value and privacy if 2 -story homes are allowed; Mr. Tony Bigge
asked that view angles be accurately calculated, and Mrs. Tanya Bigge, 1900
Down Jones Way, spoke against 2 -story homes; Mr. Curt Oppel, 2803 "V"
Avenue, spoke to the existing zoning ordinance that allows 2 -story homes
in this zone; Ms. Andrews said she would still have a view with single
family homes; Mrs. Beverly Ann Benedict, 2414 17th Street, spoke in support
of rights of local citizens versus builders and suggested that portions
of the structures be built underground; Mr. Simerly argued again that 2 -
story homes would negatively impact adjacent homes. The attorney for the
applicant spoke again about the basis of the appeal and the willingness
of the applicant to accommodate neighborhood concerns. Mr. Ted Jenneskens,
proponent, discussed his development plans at this site and suggested that
the larger setbacks and park space provided by his project will enhance
the neighborhood. There were no further comments and the Mayor declared
the public hearing closed.
Mrs. Robinette discussed the height restrictions mandated by the City's
Zoning Ordinance and suggested that the zone provisions should be equally
applied to all. Mr. Parrish and Mr. Rock spoke in favor of the Council's
earlier decision to limit height on those lots abutting Down Jones Way.
Mr. Root stated that while now may be the time to make code revisions with
regard to view and privacy, current codes allow for 35' height. He spoke
in support of the compromise recommended by the Planning Commission. Mr.
Christiansen and Mr. Sizemore spoke in. favor of applying current code
standards. After further discussion, Mrs. Robinette moved, seconded by
Mr. Root, to approve the revised site plan and to adopt the Revised
Condition #28 as recommended by the Planning Commission. Vote: Ayes -
Sizemore, Christiansen, Robinette, Root. No - Rock, Parrish. Motion
carried.
Public Hearing - Vacation of Portion of 60 -Right of way Adjacent to Port
of Anacortes
Mayor Maxwell announced that this public hearing would be continued to
Tuesday, February 21, 1995.
February 6, 1995 - continued
T.A. Dickey - Latecomer Agreement
Mr. Jim Pemberton, Director of Public Works, presented an application for a
Latecomer's Agreement for a sanitary sewer that was constructed in the alley
between 17th and 18th Streets west of "D" Avenue. The property owners have
been notified and given an opportunity to ask for a public hearing and no such
requests were made. Mr. Rock moved, seconded by Mr. Christiansen, to approve
the Latecomer Agreement and that the Agreement be filed with the County
Auditor. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore.
Motion carried.
Ordinance - Fire Engine Donation Fund
Mr. George Khtaian, Finance Director, presented an Ordinance to Council that
creates a fund to receive contributions for the restoration of the City -owned
1924 American LaFrance Fire Engine. Mr. Parrish moved, seconded by Mr.
Sizemore, that the Ordinance be adopted and given Ordinance No. 2349. Vote:
Ayes - Robinette, Rock, Parrish, Root, Sizemore, Christiansen. Motion
carried.
Ordinance - Bond Anticipation Note (Urban Renewal)
Mr. George Khtaian, Finance Director, presented an Ordinance to Council that
would authorize the issuance of a new BAN for a 1 -year period in the amount
of $200,000. Mr. Khtaian pointed out that the interest rate bids will be
taken on February 21, 1995 and the results will be presented to Council that
evening for acceptance. Mr. Khtaian also reported that the bidding may be
called off if a possible land sale occurs before that date. Mr. Sizemore
moved, seconded by Mr. Rock, that Ordinance No. 2350 be adopted. Vote: Ayes -
Rock, Parrish, Root, Sizemore, Christiansen, Robinette. Motion carried.
At 11:45 p.m. Mayor Maxwell announced that Council would convene in Executive
Session to discuss a personnel matter. At approximately 12:40 a.m., the
Council reconvened and without taking any further action the meeting was
continued to Monday, February 13, 1995.
FOR MINUTES OF FEBRUARY 13, 1995 See Page 1136
February 21, 1995
Mayor Maxwell called the meeting of February 21, 1995 to order at 7:30 p.m.
Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry
Christiansen, Jeanne Robinette, Bud Rock. Absent: Ben Root. Roll call was
followed by the Pledge of Allegiance to the Flag.
Minutes of Previous Meeting
Mrs. Robinette asked that on page 2, paragraph 5, sentence 8, the word "was"
be changed to "be". With that correction, Mr. Sizemore moved, seconded by
Mr. Jackson, that the minutes of February 6, 1995 be approved. Vote: Ayes -
Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
Citizen Hearings
Beverly Ann Benedict, 2414 16th Street, expressed appreciation for the time
spent and effort made by Mr. John Olson on behalf of the community during the
TCI Cablevision Franchise renewal negotiations.
Correspondence
There was no correspondence.
Consideration of Bids - "R" Avenue, 21st, and 25th Streets Waterline
Replacement
Mr. Gordon Bruchner, City Engineer, reported to Council that bids for the "R"
Avenue, 21st, and 25th Streets waterline replacement project were opened and
read at 2:00 p.m. on February 21st. Mr. Bruchner then presented the bid
tabulations to Council showing totals including sales tax. Mr. Bruchner
recommended that the project be awarded to the low bidder, SHine Enterprises,
Port Ludlow. In answer to questions from Council, Mr. Bruchner said that he
will be conducting a standard background check on the low bidder and
recommended acceptance subject to that review. Mrs. Robinette asked that this
matter be held over until the background check is complete. Mr. Jackson
113.1
February 21, 1995 - continued
Mr. Jackson moved, seconded by Mr. Rock, to award the waterline replacement
project to Shine Enterprises in the amount of $84,083.46, including sales
tax, subject to background review. Vote: Ayes - Jackson, Christiansen, Rock,
Parrish. No - Robinette. Due to a polling error, Mr. Sizemore did not vote.
BN: Authorization to Commence Negotiations
Mr. Gary Robinson, Director of Parks and Recreation, presented a request to
Council to begin the negotiation process with Burlington Northern for the
rail banking of the corridor to Weaverling Spit. Mr. Robinson submitted a
memorandum to Council outlining proposed negotiating guidelines and
conditions. In response to questions from Councilmembers, Mayor Maxwell said
that the Planning Director has been and will be working with Mr. Robinson
during the negotiation process. Councilmembers recommended full legal and
planning staff support.
Mr. Christiansen stressed the importance of clearly identifying Mr. Robinson
as staff central figure in the negotiation process. Mrs. Robinette discussed
liability issues and trestle maintenance. Planning Director Munce said that
SEPA review would begin immediately should Council vote to proceed. Mr.
Robinson assured Council that the negotiation efforts would proceed
deliberately and with caution. Mr. Christiansen urged that further dialogue
be held with Council on negotiation progress. Mr. Parrish moved, seconded
by Mr. Sizemore, to authorize staff to begin negotiations with Burlington
Northern regarding the Burlington Northern corridor to Weaverling Spit.
Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore, Jackson.
Motion carried. Mrs. Robinette asked that the Planning Director review SEPA
issues with Council.
Cancellation of B.A.N. Ordinance
Mr. George Khtaian, Finance Director, presented an Ordinance to Council that
would repeal Ordinance No. 2350 providing for the issuance of $200,000 bond
anticipation notes and approved by Council on February 6, 1995. Mr. Khtaian
reported that the current $450,000 in urban renewal bond anticipation notes
will be paid off due to the sale of urban renewal property. Mr. Rock moved,
seconded by Mr. Christiansen, to adopt Ordinance No. 2351, entitled "An
Ordinance of the City of Anacortes, Washington repealing Ordinance No. 2350."
Vote: Ayes - Robinette, Rock, Parrish, Sizemore, Jackson, Christiansen.
Motion carried.
Appointment - Civil Service Commission
Mayor Maxwell presented a request from the Anacortes Arts Foundation to
reconsider the Council's decision to deny the Foundation's application for
a 1994 hotel -motel tax fund grant. Mr. Christiansen there is no
administrative provision for reconsideration of Council's project selection.
Council agreed that the recently -adopted Ordinance regarding the Transient
Occupancy Tax could be revisited in Study Session. Because all anticipated
1994 funds have been allocated, Mr. Parrish moved, seconded by Mr.
Christiansen, not to reconsider the Anacortes Arts Foundation 1994 hotel -
motel fund grant application. Vote: Ayes - Parrish, Sizemore, Jackson,
Christiansen, Robinette, Rock. Motion carried.
Voucher Approval
The following vouchers/warrants are audited and certified by the City's
Auditing .Officer (Finance Director) and subsequently reviewed and approved
by the Council Finance Committee on February 9, 1995. Council vote was
unanimous.
Claims Vouchers: February, 1995 - Warrant Numbers 40307 through 40501 in
the total amount of $474,391.04
Prewritten Claims: January, 1995 - Warrant Numbers 39968-39969, 39972, 40074,
40176-40177 in the total amount of $2,182.99
Draw Payroll: February, 1995 - Warrant Numbers 37001 through 37128 in the
total amount of $65,949.00
Continued Public Hearing - Port of Anacortes - Right of Way Vacation
Mayor Maxwell opened the continued Public Hearing on a Petition to Vacate
right-of-way submitted by the Port of Anacortes. The petition requests that
Council vacate the southwest 30 feet of a 60 -foot right of way adjacent to
the northeast boundary of tracts 19, 25, 26, and 27 in Plate #9, tide and
shore land. The right-of-way is generally located adjacent to the Cap Sante
parking lot, Anacortes Yacht Club and the entrance to the City's Rotary Park.
Using an overhead display of the vicinity, Mr. Jim Pemberton, Director of
1132
February 21, 1995 - continued
Public Works, described the site access routes and proposed parking lot
reconfiguration should the vacation be granted. Mr. Pemberton then said that
matter comes to Council after a Public Hearing before the Board of
Adjustment. The Board recommends to Council that the vacation be approved.
Considerable testimony was given at the Public Hearing regarding the abutting
property owners, Mr. Don McKee, the City Parks Department, and the Anacortes
Yacht Club. In light of those concerns Mr. Pemberton recommends that the
vacation be approved, but that Council action on the Ordinance vacating this
right-of-way be delayed until all parties have reached an agreement as to
access and level of improvement participation.
Mr. Jack Smith, Project Manager for the Port of Anacortes, reported that this
parcel of land is included in the 1986 and 1988 Interlocal Agreements between
the Port and 'the City. Mr. Smith reviewed the negotiations between the Port
and abutting property owners regarding the road and parking lot improvements.
If approved, the street vacation would provide 52 additional parking stalls.
With regard to compensation for the vacated right-of-way, Mr. Ian Munce,
Planning Director, said that the established practice of not requiring
compensation from the Port for vacated City right-of-way is based on
cooperative enterprise between governments. There were no further comments
and the Mayor declared the Public Hearing closed.
After discussion, Mr. Jackson moved, seconded by Mr. Rock, that the right-
of-way vacation be approved, that no compensation be required for this
vacation, and that publishing of the Ordinance vacating this right-of-way
be delayed until all negotiations with abutting property owners are complete.
Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Sizemore.
Motion carried.
Public Hearing - "Pass Through" Loan Funds - Steve Sauer Trucking
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 Steve Sauer
Trucking, Anacortes. Councilman Sizemore excused himself from the Council
Chambers for this item.
Mr. Ian Munce, Planning Director, pointed out that the State of Washington
cannot directly enter into loan arrangements for small business using these
Federal funds and a local agency is needed to sponsor this activity. Mr.
Munce also stated that in 1994, the City served in this sponsorship capacity
for the Anacortes Brew Pub. Mr. Ken Spain, Monitoring Loan Fund Officer for
the Department of Community Development, addressed the Council with an
overview of the programs available in the Small Cities Programs, including
the Minority and Women's Business Enterprises Program. The loan application`
before Council will be one of the first three from this particular program
submitted to the Loan Board for approval. In discussing costs to the City,
Mr. Spain pointed out that reimbursement up to $1,000 is available for loan
processing costs. There was no further testimony and the Mayor declared the
Public Hearing closed.
Mayor Maxwell announced that the second public hearing on this application
will be on Monday, March 6, 1995. Mr. Sizemore returned to the Council
Chambers.
Public Hearing - Conditional Use Modification - Stockwell - Fidalgo RV Park
(This public hearing is on tape and filed at City Hall)
Mayor Maxwell opened the public hearing on a request to modify Conditional
Use Permit 494-001, RV Park and Weaverling Spit. Mr. Ian Munce, Planning
Director, began his review by telling the Council that the project is
currently under construction but is not complete. Pointing out that Council
had received all available exhibits, letters and Planning Commission minutes
on this matter, he then discussed the three modification requests: (1) In
order to have an approved State Highway sign, tent sites must be available
at the RV Park and the applicants are requesting 10 tent sites to be located
generally adjacent to the office and clubhouse areas. The original permit
approved 233 RV sites, but the applicant's current construction plans are
for 209 RV sites. The applicant is asking to designate 10 of the 233
allocated RV spaces as tent sites; (2) Reduction of the shoreline OHWM
setback from 25' to 15' (With regard to this setback reduction, Mr. Munce
stated the State Department of Fish and Wildlife has staked the OHWM and does
not support a setback less than the approved 25'); (3) Reduction of the 25'
setback from Fidalgo Bay Road to 15'. The Planning Commission, after lengthy
discussion and testimony, recommended approval of the modifications. Site
construction issues that need to be addressed by staff have been brought .to
1133
February 21, 1995 - continued
the City Engineer's attention by Mr. Bob Hawkins. In conclusion, Mr. Munce
clarified that while some work has been done on the project in anticipation
of modification approval, the applicant would be responsible for following
Council's direction on the modification request.
Mr. Gary Sturdy, engineer for the applicant, using an overhead display
pointed to the proposed tent sites, Mr. Sturdy then submitted Council
Exhibit 1, a February 21, 1995 letter from Puget Power requesting an
electrical easement and accepting the 15' setback along Fidalgo Bay Road.
He then discussed the berm location and the difference between the OHWM
staked by. Fisheries and the OHWM delineated by Sturdy Engineering, and
rockery versus natural barrier shore protection. Mr. Bob Hawkins, 4210 Bryce
Drive, stated his concerns regarding the project's stormwater collection
system and the wetland pond buffer areas. Mayor Maxwell requested that
testimony be directed to the specific modifications before Council. Mr.
Hawkins expressed concern about a site condition that could lead to wetland
pollution. On a question from Mrs. Robinette, the Director of Public Works,
Mr. Jim Pemberton, stated that Mr. Hawkins' concerns have been presented to
staff. Mrs. Barbara Stockwell, applicant, emphasized. their availability to
discuss concerns from the public and from City staff. Mr. Gene Derig,
1302 K Avenue, spoke in favor of retaining the 25' setback. Mr. Al Graber,
1152 Highway 20, spoke in favor of retaining the 25' setback and recommended
Council establish a specific limit to number of RV and tent spaces. Mrs.
Mrs. Margaret Yeoman, 1620 11th Street, stated that 25' setback is the
minimal area that the shoreline can adjust to future shoreline erosion as
described by the State Department of Fish and Wildlife. Mr. Dick Threet,
2801 17th Street, spoke against the modifications saying that the site cannot
even accommodate what has already been approved. Mr. Ross 0. Barnes, 104
Harbor Lane, pointed out that one proposed tent site has been designated
"existing natural vegetation" in the approved drawing. He then spoke against
reducing the setbacks. He submitted a copy of a 1993 letter from the
Department of Fisheries as Council Exhibit II. He then outlined alleged code
and permit violations of the project work already completed. Ms. Peggy
Hammerstrom, 2002 38th Street, spoke against setback reduction. Mrs. Beverly
Ann Benedict, 2414 16th Street, expressed concern that members of the
audience did not have ample time to testify. Mr. Richard Stockwell,
applicant, recommended a site visit to Council. Mr. Bill Wooding, 1601
Georgia Place, contractor, described the Planning Commission site visit and
addressed several specific development issues raised during the site visit.
Mr. Hawkins, 4210 Bryce Drive, said he attended the site visit and said that
no testimony was allowed. Mr. Barnes asked that exhibits from previously
held public hearings on this matter also be part of the review. There were
no further comments and the Mayor declared the public hearing closed.
Councilman Parrish pointed out for the audience that citizens can submit
written testimony, can call, and can meet with the Mayor, City staff or
Councilmembers on any issues of concern regarding any project. After
discussion Mr. Jackson moved, seconded by Mr. Sizemore, to conduct a site
visit. Vote: Rock, Parrish, Sizemore, Jackson, Christiansen, Robinette.
Motion carried. Mayor Maxwell emphasized that the public hearing on this
matter is closed, no further exhibits will be accepted and no further
testimony is allowed.
There being no further business, the meeting was adjourned at 10:30 p.m.
Geo#ge Kht�iian,
March 6, 1995
City Clerk -Treasurer
H. Dean Maxwell, Mayor
At approximately 4:00 p.m., the Council convened in a Special Meeting at the
intersection of Fidalgo Bay Road and Weaverling Road. All Councilmembers
but Ben Root attended the Fidalgo Bay RV Park site visit. No testimoney was
given. The Special Meeting adjourned at 4:30 p.m. without any action being
taken.
Mayor Maxwell called the meeting of March 6, 1995 to order at 7:30 p.m.
1134
March 6, 1995 - continued
Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry
Christiansen, Jeanne Robinette, Bud Rock. Absent: Ben Root. Roll call was
followed by the Pledge of Allegiance to the Flag.
Minutes of Previous Meeting
Mr. Jackson moved, seconded by Mr. Parrish, that the minutes of February 21,
1995 be approved as if read. Vote: Ayes - Sizemore, Jackson, Christiansen,
Robinette, Rock, Parrish. Motion carried.
Citizen Hearings
Beverly Ann Benedict, 2414 16th Street, stated that she had registered as a
lobbyist for the disabled and taxpayers of Anacortes. Mrs. Benedict also
protested alleged attempts by the Anacortes Parks and Recreation Citizens
Advisory Committee to control here ADA support and the testimony at the
Committee meetings. (Mrs. Benedict's comments are on tape and filed at City
Hall.)
Mr. Bob Hawkins, 4210 Bryce Drive, read from a March 6, 1995 letter to the City
Council. Mr. Hawkins suggested that the City's public hearing process and
procedures are preferential to development and that the same processes in turn
limits citizen input. (The March 6, 1995 letter is on file at City Hall and
Mr. Hawkins' comments are on tape and filed at City Hall.)
Correspondence
There was no correspondence.
Decision - Conditional Use Modification - Stockwell RV Park
Mr. Ian Munce, Planning Director, introduced a summary of the Fidalgo Bay RV
Park Conditional Use Permit modification request. He reviewed with Council
that a public hearing was held on this matter, the public hearing was closed,
and a site visit was conducted at 4:00 p.m. on March 6, 1995. No testimony
was taken at that site visit. Using an overhead display of the RV Park
landscaping plan, the most recent approved map of this project, Mr. Munce
pointed to three permit modifications requested: (1) reduction of the Fidalgo
Bay Road 25' setback to 15'; (2) reduction of the 25' buffer from the Ordinary
High Water Mark to 15'; (3) approval of 10 tent sites. He concluded by saying
that the Planning Commission approved all three modifications and that the
Washington State Department of Fisheries recommended that the 25' buffer from
the OHWM be maintained.
Mr. Munce then answered questions from the Council regarding Shoreline Permit
approval for this project, shoreline pathway design, future Fidalgo Bay Road
right-of-way use, and the limited space for boat storage and parking. All
Councilmembers then discussed each modification request. At the conclusion
of the discussion, Mr. Parrish moved, seconded by Mrs. Robinette, to deny the
request for a reduction in the shoreline buffer from 25' to 15'. Vote: Ayes -
Robinette, Rock, Parrish. No - Jackson, Christiansen, Sizemore. Due to the
tie vote, Mayor Maxwell voted No and the motion failed. Mr. Jackson then
moved, seconded by Mr. Sizemore, to reduce the shoreline buffer from 25' to
15'. Vote: Ayes - Christiansen, Sizemore, Jackson. No - Robinette, Rock,
Parrish. Due to the tie vote, Mayor Maxwell voted Yes and the motion carried.
Mrs. Robinette then moved, seconded by Mr. Parrish, to allow 10 tent sites as
part of the 233 maximum approved sites but that the tent sites can not be
located in designated recreation or natural vegetation areas. Vote: Ayes -
Robinette, Parrish. No - Rock, Sizemore, Jackson, Christiansen. Motion
failed. Mr. Rock then moved, seconded by Mr. Sizemore, to approve the Fidalgo
Bay Road setback reduction to 15' and to approve 10 tent sites as part of the
233 total sites approved. Vote: Ayes - Rock, Parrish, Sizemore, Jackson,
Christiansen. No - Robinette. Motion carried.
Consideration of Bids, San Juan Hill Waterline Replacement
Mr. Gordon Bruchner, City Engineer, reviewed a memorandum with Council
summarizing the bids received on the San Juan Hill Waterline replacement
project. The low bid was received from Tomasko Brothers, Anacortes in the
amount of $25,045.00 including sales tax. Mr. Bruchner explained that
alternate bids were received to take possession of the old 24 -inch pipe and
to remove it from the existing trench. The Tomasko Brothers alternate bid was
$10,500.00. Mr. Rock expressed concern regarding use of the alternate bid
process. Mr. Jackson moved, seconded by Mr. Sizemore, to approve the low bid
of $25,045.00 and the alternate bid of $10,5000 from Tomasko Brothers,
Anacortes. Vote: Ayes - Parrish, Sizemore, Jackson, Christiansen, Robinette,
Rock. Motion carried.
Voucher Approval
Mr. Christiansen moved, seconded by Mr. Parrish, that the following
vouchers/warrants audited and certified by the City's Auditing Officer (Finance
1135
March 6, 1995 - continued
Director) and subsequently reviewed and approved by the Council Finance
Committee on February 23, 1995 and March 2, 1995, be approved for payment
as of this date, March 6, 1995. Vote: Ayes - Sizemore, Jackson,
Christiansen, Robinette, Rock, Parrish. Motion carried.
Claims Vouchers: March, 1995 - Warrant Numbers 40509 through 40618 in the
total amount of $146,504.99
Payroll: February, 1995 - Warrant Numbers 37130 through 37352 in the -total
amount of $349,858.70
Benefit Payroll: February, 1995 - Warrant Numbers 40503 through 40508 in
the total amount of $129,087.35
Public Hearing - "Pass Through Funds" - Steve Sauer Trucking
Mayor Maxwell opened the second of two public hearings 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 Steve Sauer Trucking, Anacortes. Councilman Sizemore excused
himself from the Council Chambers for this item.
Mr. Ian Munce, Planning Director, reviewed the
local agency sponsor this loan activity although
be responsible for the necessary paperwork and
pointed out that $1,000 is available to defray
The Department of Community Development supports
projects, but cannot directly enter into loan
Grant monies. Mr. Christiansen inquired about
and permits for Steve Sauer Trucking and about
type of loan. There were no comments from
declared the public hearing closed.
Federal requirement that a
the State of Washington will
loan collection. Mr. Munce
City loan processing costs.
special economic development
arrangements with HUD Block
the condition of equipment
the qualifications for this
the audience and the Mayor
After discussion, Mr. Parrish moved, seconded by Mr. Jackson, to authorize
submission of an application to the State of Washington for a development
loan fund project on behalf of Steve Sauer Trucking. Vote: Ayes - Jackson,
Robinette, Rock, Parrish. Abstain: Christiansen. Motion carried. Mr.
Sizemore returned to the Council Chambers.
Public Hearing_ - L.I.D 201 - Ordinance
Mayor Maxwell opened the public hearing to consider the final assessment roll
for Local Improvement District 4201 which was established for the purpose
of constructing a 10 -inch water main, connections, valves and fire hydrants.
The waterline extension is located outside the City limits in the vicinity
of Campbell Lake.
Mr. Jim Pemberton, Director of Public Works, reviewed the background of this
L.I.D. In 1993, Council authorized the creation of L.I.D. 201 to extend a
waterline approximately 1,700 lineal feet on Campbell Lake Road westerly of
SR 20. The pipeline has been constructed, costs calculated, retainage paid
and the project is complete. Mr. Pemberton outlined the total costs of the
project. Affected property owners were notified of costs and of the public
hearing date. A letter was received from Mr. and Mrs. Robert Ketterson
protesting the increase of the final assessment over the original estimate.
Mr. Pemberton explained that the increased costs are due to a reduction in
the L.I.D. boundaries. In response to a question from Mrs. Robinette, Mr.
Pemberton explained the "charge in lieu of assessment" latecomer agreement
process. There were no comments from the audience and the Mayor declared
the public hearing closed.
After discussion, Mr. Jackson moved, seconded by Mr. Sizemore, that Ordinance
No. 2352 approving and confirming the assessments and assessment roll of
Local Improvement District No. 201 be adopted. Vote: Ayes - Christiansen,
Robinette, Parrish, Sizemore, Jackson. No - Rock. Motion carried.
Consideration Outside Water Extension - Reisner
Mr. Gordon Bruchner, City Engineer, presented a request to Council to install
a 225 -foot, 8 -inch waterline to the Ted Reisner property at 763 Padilla
Heights Road. Using an overhead display, Mr. Bruchner described the proposed
domestic service and fire hydrant location. Mrs. Robinette asked for
clarification on development inside the Urban Growth Area. Recommending
approval for this extension, the Planning Director explained that this
application is in the City's established water service area and.is subject
to joint County and City SEPA review. Mr. Sizemore. moved, seconded by Mr.
Jackson, to approve the Reisner waterline extension. Vote: Ayes -
March 6, 1995 - continued
Robinette, Rock, Parrish, Sizemore, Jackson, Christiansen. Motion carried.
Consideration Outside Water Extension - Concrete Nor'West
Mr. Gordon Bruchner, City Engineer, presented a request to Council to extend
an 8" waterline along South March Point Road approximately 1,000 feet from the
northwest corner of the Morrow Mini Storage site. Concrete Nor'West is
installing a new concrete batch plant and fire protection is required.
Protesting the land use review on this project, Mrs. Robinette discussed the
significance of this project from a land use perspective. The Planning
Director confirmed that the Councy and City have conducted joint SEPA review
of this project. Mr. Sizemore moved, seconded by Mr. Christiansen, to approve
the Concrete Nor'West waterline extension. Vote: Ayes - Rock, Parrish,
Sizemore, Jackson, Christiansen. No - Robinette.
Contract Authorization: Sewer Plan Update
Mr. Ian Munce, Planning Director, presented the consultant candidate
recommended by the Sewer Plan Update Selection Committee. The consultant will
review the City's wastewater facilities plan and will identify the best
alternatives for expanding the City's collection and treatment system. The
Committ recommends HDR Engineering, Inc., Bellevue, Washington. After
discussion, Mr. Jackson moved, seconded by Mr. Parrish, to approve the
selection of HDR Engineering, Inc. to conduct the Sewer Plan Update and
authorized staff to enter into negotiations with HDR within the $50,000 budget
authorization for this project. Vote: Ayes - Parrish, Sizemore, Jackson,
Christiansen,.Robinette, Rock. Motion carried.
Executive Session
At approximately 9:15 p.m. Mayor Maxwell announded that the City Council would
convene in Executive Session to discuss a land transaction. At approximately
9:45 the Council reconvened and without taking any further action, the meeting
was adjourned.
Geor /htai/, City Clerk -Treasurer H. Dean Maxwell, Mayor
Continued Meeting of February 6 Held on February 13, 1995
Mayor Maxwell called the meeting of February 13, 1995 to order at 7:30 p.m.
Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry
Christiansen, Jeanne Robinette, Bud Rock, and Ben Root.
Mayor Maxwell introduced Gary Robinson, Parks Director, who presented his draft
staff proposal, explaining that it is a proposal he had drawn up for the City
to be able to take comments on. He further explained that ' at this point it is
his position and not yet the City or the City Council's position.
Public Hearing - Burlington Northern Railroad Corridor
Mayor Maxwell then opened the public hearing for comment. The following
individuals spoke and their comments are on tape and filed at City Hall: Rick
Sadler, 3804 Fidalgo Bay Road; Tom Lian, 1414 25th St.; Tom Collins, 420 38th
St.; Chris Drake, 2611 W 3rd; Corey Parnell, 2401 32nd St; Ken Jacot, 1121 King
St; Norrie Estvold, 1425 Sharpe Rd; Kacie Ford, 1611 37th St; Don McKee, 200
Curtis Drive; Paul Kenna, Hwy 9, Acme; Bud Moore, LaConner (at request of
father who resides at 1151 Fidalgo Bay Rd); Ole Wise, 1101 McGilver Blvd.,
Seattle; Art Fournier, 2312 Twin Place; Brian Wetcher, 814 26th St; Ann
Thompson, 387 Campbell Lake Rd; Beverly Ann Benedict, 2414 16th St; Don Munks,
1141 W March Point Rd; Jack Papritz, 3706 J Ave; John Pope, 4001 Peters Lane;
Malcolm Lorente, 3820 W 4th St; and Margo Wyatt, 214 V Ave.
Mayor Maxwell closed the public hearing.
Councilmembers asked questions on the following topics: corridor realignment,
recreational liability statue, SEPA reviews, trestle removal, trestle
maintenance, Mr. Sadler's property, and use of rail banked corridors.
Mr. Rock asked that this be brought back to the next regular Council meeting
for a decision on how to proceed.
1137
Continued Meeting of February 6 Held on February 13, 1995 - continued
Mrs. Robinette thanked Steve, Gary and everyone that came to the meeting for
their input.
The meeting was adjourned at 9:30 p.m.
- r— .
Ge?V Khtatan, C4Cerk-Ttreasurer
March 20, 1995
H. Dean Maxwell, Ma, 4or
Mayor Maxwell called the meeting of March 20, 1995 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
Mr. Jackson moved, seconded by Mr. Sizemore, that the minutes of March 6,
1995 be approved as if read. Vote: Ayes - Sizemore, Jackson, Christiansen,
Robinette, Rock, Parrish. Abstain: Ben Root. Motion carried.
Citizen Hearings
Beverly Ann Benedict, 2414 16th Street, asked for information on two items
discussed at a March 9, 1995 Port of Anacortes meeting: (1) a proposed
aquarium, and (2) a suggestion that the City order new stationery containing
a copyrighted phrase. The Mayor said there would be no new stationery. (Mrs.
Benedict's comments are on tape and filed at City Hall.)
Mrs. Dolly Kager asked to speak on the "M" Avenue sidewalk issue and the
Mayor asked that Mrs. Kager offer her comments during the public hearing on
this matter, New Business Agenda Item c.
Correspondence
Mrs. Robinette passed out copies of a letter to Mayor Maxwell requesting that
Mr. Mansfield's update on progress and compliance at the Fidalgo Bay RV Park
be calendared for the March. 27 Council Work Session, and attaching
Conditional Use Conditions as approved by Council to date.
Consideration of Accepting Anaco Beach Sewage Pump Station LID 203
Mr. Gordon Bruchner, City Engineer, reported to Council that Anaco Beach
Sewage Pump Station project is complete and has been operational for some
weeks without experiencing any difficulties. Mr. Bruchner then reviewed the
project changes and related costs including the addition of more complex
isolation valving, an underground vault, and modifications required by the
State Electrical Inspector. Mr. Bruchner recommended that Council accept
the project as complete thereby initiating the 30 -day lien period. If no
liens are filed, retainage will be released to the contractor, Western
Pacific Industrial Maintenance.
Mr. Bruchner answered questions from Council regarding capacity of the pump
station and standby power. After discussion, Mr. Jackson moved, seconded
by Mr. Rock, that the Anaco Beach Sewage Pump Station LID 203 project be
accepted as complete. Vote: Ayes - Sizemore, Jackson, Christiansen,
Robinette, Rock, Parrish, Root. Motion carried.
Voucher Approval
Mr. Parrish moved, seconded by Mr. Christiansen, that the following
vouchers/warrants audited and certified by the City's Auditing Officer
(Finance Director) and subsequently reviewed and approved by the Council
Finance Committee on March 9, 1995 and March 16, 1995, be approved for
payment as of this date, March 20, 1995. Vote: Ayes - Jackson, Christiansen,
Robinette, Rock, Parrish, Root, Sizemore. Motion carried.
Claims Vouchers: March, 1994 - Warrant Numbers 40622 through 40813 in the
total amount of $431,434.09
Prewritten Claims: February, 1995 - Warrant Numbers 40178, 40186, 40302-
40306, 40502 in the total amount of $7,617.78
March 20, 1995 - continued
Electronic Transfer Funds: January -March, 1995 in the total amount of
$49,107.73
Draw Payroll: March, 1995 - Warrant Numbers 37353 through 37481 in the total
amount of $67,199.00
Emergency Management
Mr. Tom Sheahan, Director, Skagit County Department of Emergency Management,
addressed Council and the audience. Stating that he was representing the
Emergency Management Council (EMC) Mr. Sheahan reviewed the City of Anacortes
Emergency Plan. He pointed out the Plan lists potential hazards associated
with the community of Anacortes: Highway 20, bridges, ferries, fish processing
plants, waste water treatment plant and water system waterway between Guemes
Island and Anacortes, refineries and chemical plants. He then discussed the
mutual aid plans in place between the City and other agencies. The Emergency
Operation Center for Anacortes is located at the Fire Station and the dispatch
center is the call receiver and dispatcher during an emergency. Warning of
an emergency will be disseminated by radio stations and door-to-door. On March
22, 1995 a "table -top" exercise will be conducted to test this plan and other
elements of the County Plan. On April 26 and 27 the Plan will be tested in
an earthquake field situation. A grant has been applied for to allow for Clty
personnel to participate. The City's Emergency Management Team consists of
the Mayor, City Attorney, Finance Director, Fire and Police Chiefs, and the
Public Works Director. Mr. Sheahan thanked the City Council, Mayor and Police
and Fire Chiefs for assistance in developing this Plan.
Resolution Setting Public Hearing Date - Street and Alley Vacation - 37th
Street and "D" Avenue
Mr. Rock moved, seconded by Mr. Sizemore, to adopt Resolution No. 1349 setting
April 17, 1995 as the public hearing date on a Petition to Vacate portions of
streets and alleys in the Kellogg and Ford's Addition to the City generally
located at 37th and "D" Avenue. Vote: Ayes - Christiansen, Robinette, Rock,
Parrish, Root, Sizemore, Jackson. Motion carried.
Resolution - Labor Contract between the City and IAFF Local 1537
Mrs. Sharon Stahl, Human Resources Director, presented to Council a Resolution
and Contract setting wages and health and welfare benefits for 1994, 1995, and
1996 for the International Association of Firefighters, Local No. 1537. Mrs.
Stahl summarized the wage and holiday changes previously reviewed by Council
in Executive Session. Requesting more time to review the Contract, Mr.
Christiansen moved, seconded by Mr. Parrish, to table this item to the next
Council meeting. Vote: Ayes - Robinette, Rock, Parrish, Root, Sizemore,
Christiansen. No - Jackson. Motion carried.
Public Hearing - 6 -Year Transportation Improvement Program (TIP)
Mayor Maxwell opened the Public Hearing to reivew a proposed amendment to the
City's 6 -Year TIP to include the construction of sidewalks on "M" Avenue
between 12th Street and 32nd Street. The Mayor pointed out that a pedestrian
facilities program has been instituted providing funding to enhance and promote
pedestrian mobility and safety. Staff is requesting the amendment of the 6 -
year TIP by the addition of this sidewalk project. This amendment would then
allow for submittal of a project application for funding consideration to
install the sidewalks.
Mrs. Dolly Kager, 2906 M Avenue, opposed the sidewalk project. Mr. Larry
Beasley, 1219 29th Street, also spoke against the proposal. Mr. Charles Keck,
1519 M Avenue, had no opposition to the sidewalks, but expressed concern that
installation would jeopardize trees on his property. Mrs. Beverly Ann
Benedict, 2414 16th Street, suggested sidewalk modifications for low -vision
citizens. There were no further comments and the Mayor declared the Public
Hearing closed.
Mr. Gordon Bruchner, City Engineer, answered questions from Council regarding
improvements within the existing right-of-way, specification of sidewalk
location in grant application, competition for grant monies, notification of
affected property owners should the grant be awarded, sidewalk setback from
curb, no costs to homeowners, pedestrian traffic on "M" Avenue and proximity
of sidewalk to hospital, clinics and schools. The Mayor stated he had received
support from the community on this project. Mr. Bruchner pointed out that the
sidewalk design process would require contact with affected homewoners. Mr.
Sizemore moved, seconded by Mrs. Robinette, to amend the City of Anacortes 6 -
Year Transportation Improvement Program with the addition of sidewalk
construction on "M" Avenue between 12th Street and 32nd Street. Vote: Ayes -
Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion
carried.
1139
March 20, 1995 - continued
Ordinance - Increasing Speed Limit - Anaco Beach Road
Mr. Gordon Bruchner, City Engineer, reported that the Ordinance before them
is offered in response to requests from residents in the Skyline area for
an increased speed limit on the newly constructed Anaco Beach Road. The
results of an informal engineering department survey of driving habits on
Anaco Beach Road showed that the 85 percentile speed is approximately 35
miles per hour while the current speed limit is 25 miles per hour. After
discussion, Mr. Parrish moved, seconded by Mrs. Robinette, to increase the
speed limit on Anaco Beach Road to 30 miles per hour from Sunset Beach Road
to the City limits. In answer to a question from Mr. Sizemore, Police Chief
King reported that accident figures have not increased with the 35 mph usage.
Council discussed the need to observe traffic activity during the summer
months when there are more bicycles on the road. Mr. Gary Sawyer, 5118
Kingsway, and Mr. Tom Bullock, 3702 F Avenue spoke against the increase in
the speed limit. As a result of the concerns raised, Mr. Parrish withdrew
his motion and Mr. Jackson moved, seconded by Mr. Sizemore, to table this
matter for one year. Vote: Ayes - Parrish, Root, Sizemore, Jackson,
Christiansen, Robinette, Rock. Motion carried.
There being no further business, the meeting was adjourned at approximately
8:40 p.m.
Gegf'kel Kht/ian, City lerk-Treasurer
March 27, 1995 - SPECIAL MEETING
H. Dean Maxwell,ayor
Meeting was called to order at 7:00 p.m. by Mayor Maxwell.
Councilmen present: Parrish, Root, Sizemore, Jackson, Christiansen,
Robinette, and Rock. Absent: none
The meeting was called order and adjourned into an executive session to
discuss a possible sale of real estate. At 7:30 p.m. the meeting was
reconvened.
A resolution to approve a Labor Contract between the City of Anacortes and
the International Association of Firefighters Local 1537 was reviewed. It
was moved by Jackson and seconded by Christiansen that Resolution No. 1350
be approved. Vote: Ayes - Parrish, Root, Sizemore, Jackson, Christiansen,
Robinette, Rock.
Urban Renewal Land Transaction: Ian Munce esplained to the Council a
proposed sale of urban renewal property to Pacific Circuits. Mr. Munce
advised the Council that the proposal was for a total purchase price of
$566,280 which worked out to approximately $2.00 per square foot, with water
and sewer, but without stormsewer. Performance terms were discussed as
follows:
1. Pacific Circuits will being construction by October 1, 1995.
2. Pacific Circuits will complete construction of a 56,000 square foot
building and related facilities by March 31, 1996.
3. Pacific Circuits will employ at least 50 full time employees by March
31, 1996.
4. In the event that Pacific Circuits sells any portion of its land to a
nonaffiliated prior to October 1, 2000, Pacific Circuits shall make an
additional payment to the City of $778,635.
5. The City shall issue non-resourse Industrial Revenue Bonds in an amount
up to 10 million dollars to finance construction of the improvements.
After discussion, it was moved by Rock and seconded by Jackson that the Mayor
be authorized to develop:
1. A Real Estate Contract based on the proposed sale price and performance
terms discussed and to bring a contract to the City Council for final
approval.
i 1'' 1
March 27, 1995 - Special Meeting continued
2. An Industrial User Contract for the City's secondary sewage treatment plant
it being understood that this will essentially use the City's remianing
industrial reserve capacity.
Vote: Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock and
Parrish.
With no further business to come before the City Council, the meeting was
adjourned.
L,-,
GeoYKhetV�an,`C—ity Clerk -Treasurer H. Dean Maxwell, Mayor
April 3, 1995
Mayor Maxwell called the meeting of April 3, 1995 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
Mr. Sizemore moved, seconded by Mr. Jackson, that the minutes of February 13,
1995, March 20, 1995, and March 27, 1995, ba approved with the following
correction to the March 20, 1995 minutes, page 1, Correspondence, last
sentence: "Mrs. Robinette passed out copies of a letter to Mayor Maxwell
requesting that Mr. Mansfield's update on progress and compliance at the
Fidalgo Bay RV Park be calendared for the March 27 Council Work Session, and
attaching Conditional Use Conditions as approved by Council to date." Vote:
Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish.
Motion carried.
Citizen Hearings
Mr. Stan Patrovsky, 2716 Oakes Avenue, expressed concern regarding: (1)
potential industrial park tenant use of secondary treatment industrial reserve
capacity, and (2) suggested setting time frame for Fidalgo Bay RV Park
compliance with permit conditions. (Mr. Patrovsky's comments are on tape and
filed at City Hall.)
Mrs. Beverly Ann Benedict, 2414 16th Street, restated her opposition to the
City's purchase of any new stationery that would contain a copyrighted saying,
and asked for clarification on an appearance of fairness issue raised at a
Park Advisory Commission meeting. The Mayor invited Mrs. Benedict to meet
with him to further discus.s these issues.
Correspondence
There was no correspondence.
Skagit County Incinerator
Mr. Christiansen requested that this matter be added to the agenda. Mr.
Christiansen strongly emphasized the importance of adequate representation
for the City of Anacortes during the deliberations regarding the future of
the County incinerator. He stated that any decision regarding the incinerator
affects the solid waste programs of all the cities in Skagit County. He then
read Paragraph 12 of the 1986 Comprehensive Solid Waste Disposal System,
interlocal greeement: "It is further agreed that any proposed changes or
improvements significantly affecting the operation of the solid waste disposal
system or directly or indirectly having a significant impact on tipping fees,
or siting of disposal facilities shall be submitted to the municipalities
committee prior to any final decision to provide an opportunity for adequate
review, deliberation and the formulation of comments and recommendations. The
Municipalities Committee consists of the Mayor of the eight municipalities
of Skagit County, the County Commissioners and the County Public Works
Director."
In order to ensure this adequate representation, Mr. Christiansen then
proposed, in the form of a motion, that the Council and Mayor prepare a letter
directed to the County Commissioners confirming City of Anacortes
participation in any deliberations leading to final decisions regarding
disposition of the incinerator. Mr. Jackson seconded the motion.
1141
April 3, 1995 - continued
Councilmembers further recommended that this letter include the request that
no decision be made regarding the incinerator without first holding public
hearings to review the cost per capita of the alternatives presented, and
that the letter be forwarded to all City representatives within the County.
Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish,
Root. Motion carried.
Voucher Approval
Mr. Parrish moved, seconded by Mr. Sizemore, that the following
vouchers/warrants audited and certified by the City's Auditing Officer
(Finance Director) and subsequently reviewed and approved by the Council
Finance Committee on March 23, 1995 and March 30, 1995, be approved for
payment as of this date, April 3, 1995. Vote: Ayes - Jackson, Christiansen,
Robinette, Rock, Parrish, Root, Sizemore. Motion carried.
Claims Vouchers: April, 1994 - Warrant Numbers 40822 through 40989 in the
total amount of $206,043.77
Electronic Transfer Funds: March, 1995 in the total amount of $41,735.20
Retail Fireworks Stand - Lion's Club
Mayor Maxwell introduced a letter of recommendation from Fire Chief Ross to
approve the annual permit submitted by the Anacortes Lion's Club to operate
a retail fireworks stand at 22nd Street and Commercial Avenue. Chief Ross
pointed out that the application is in order. Mr. Root moved, seconded by
Mr. Rock, that the Lion's Club Retail Fireworks Stand Permit, 1995, be
approved. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root,
Sizemore, Jackson. Motion carried.
Emergency Medical Services Contract: Approval
Mayor Maxwell presented the Emergency Medical Services Contract between the
Skagit EMS Council and the City to provide medical services to Fidalgo and
Guemes Islands for the years 1995 through 2000. Fire Chief Bill Ross
informed the Council that the Contract before them is similar to previously
approved contracts with two exceptions: (1) the new contract now allows for
a 6% annual increase versus a 6% 1st year increase and 3% for the remaining
5 years authorized in previous contracts, and (2) a Memorandum of
Understanding stating that the City will be reimbursed for an amount agreed
to in the Memorandum, for the purchase of ambulances. After discussion on
increased agreement costs, Mr. Jackson moved, seconded by Mr. Sizemore, to
approve the Agreement between Skagit Emergency Medical Services Council and
City of Anacortes (Anacortes Fire Department (ALS Services)). Vote: Ayes -
Robinette, Rock, Parrish, Root, Sizemore, Jackson, Christiansen. Motion
carried.
Sewer Plan Update Contract: Approval
Mr. Ian Munce, Planning Director, presented an Agreement between the City
of Anacortes, Washington and HDR Engineering, Inc. for engineering services
for the Comprehensive Sewer Plan Update. Mr. Munce pointed out to Council
that the Agreement before them reflects the revisions previously discussed
during Council Study Session. The contract scope of work includes, in part,
evaluation of the long-term capacity of the sewer treatment plant given
build -out to current densities, demand generated by commercial and industrial
development along Highway 20 and the northern portion of the Swinomish
Reservation, and potential need for an alternative facility in that area.
After discussion of contract costs, Mr. Jackson moved, seconded by Mr.
Sizemore, to approve the Agreement between the City of Anacortes and HDR
Engineering, Inc. for engineering services for the Comprehensive Sewer Plan
Update. Speaking from the audience, Mr. Stan Patrovsky, 2716 Oakes Avenue,
asked and was answered that this is a cost plus fixed fee contract. Vote:
Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette.
Motion carried.
Public Hearing - Amend Zoning Ordinance - Waterfront Revitalization -
Ordinance (This Public Hearing is on tape and filed at City Hall)
Mayor Maxwell opened the Public Hearing. Mr. Ian Munce, Planning Director,
then provided a summary of the proposed Ordinance amending the Zoning Code
to revise and rename the current Heavy Manufacturing Zone language. Mr.
Munce then reviewed the series of committee meetings held to develop policies
on long-term use for the Fidalgo Bay waterfront/Heavy Manufacturing Zone.
The Fidalgo Bay Planning effort was organized as a result of the
environmental and land use issues raised at those initial committee meetings.
City, federal and state agencies are now working together to develop an
overall mitigation plan for the Fidalgo Bay waterfront. Mr. Munce also
1142
April 3, 1995 - continued
reported that the State has contracted with the City to prepare a
revitalization plan. Compliance with the granting process requires evidence
of action taken by the City to respond to key development issues. The
Ordinance before Council reflects Planning Commission recommendations for
modifications to the basic Heavy Manufacturing design standards and aesthetic
considerations, including esplanade, railroad corridor, sidewalks and building
height.
Mr. John Killingsworth, 2404 Highland Drive, asked if the esplanade would have
an all weather surface. Mr. Brian Shortt, 2105 Highland Drive, Executive
Director for the Port of Anacortes, discussed incentive -driven esplanade
requirements. Mrs. Beverly Ann Benedict, 2414 16th Street, discussed walkway
costs. Mrs. Margaret Yeoman, 1620 11th Street, spoke in favor of public
access for all citizens and encouraged setting high standards for this area.
Mr. Killingsworth spoke again about the zone name change from Heavy
Manufacturing to Industrial. Mr. Shortt asked that consideration be given
regarding costs associated to locate new businesses along the waterfront.
Councilman Root asked if the public had been properly notified of this public
hearing. Planning Director Munce responded that notice was given and that
future public hearings will be held regarding land use along the waterfront.
There were no further comments and the Mayor declared the Public Hearing
closed.
Councilman Sizemore reported that he owned property in the Industrial Park.
City Attorney, Steve Mansfield, determined that Mr. Sizemore's participation
in this matter would not constitute an appearance of fairness violation.
Councilmembers then discussed the Ordinance in detail. Specific changes were
recommended and Mr. Jackson moved, seconded by Mr. Parrish, that the amended
Ordinance be adopted. Further discussion followed and Mr. Rock moved,
seconded by Mr. Christiansen, to continue deliberation on this matter to
Monday, April 10, 1995. Vote: Ayes - Sizemore, Christiansen, Robinette,
Rock. No - Parrish, Root, Jackson. Motion carried.
Authorization for Grant Application: Fidalgo Bay Plan
Mr. Christiansen moved, seconded by Mr. Rock, to authorize the Mayor to apply
for $75,000 implementation funding to support the Fidalgo Bay process. Vote:
Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish.
Motion carried.
Resolution - City of Anacortes Economic Development Corporation
Mr. Sizemore moved, seconded by Mr. Jackson, that Resolution No. 1352
entitled, "A Resolution Appointing Members of the Board of Directors of the
City of Anacortes Economic Development Corporation" be adopted. Vote: Ayes --
Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion
carried.
At approximately 9:45 p.m., Mayor Maxwell announced that the Council would
convene in Executive Session to discuss a property transaction. At
approximately 10:30 p.m., the Council reconvened and without taking any
further action, the meeting was continued to Monday, April 10, 1995 at 7:30
p.m.
April 10, 1995 - Continued from April 3, 1995
The meeting was called to order by Mayor Dean Maxwell at 7:30 p.m. This
meeting was a continuation of the regular City Council meeting of April 3,
1995, which was continued to this date.
Roll call found present: Parrish, Root, Sizemore, Jackson, Christiansen,
Robinette, and Rock.
Temporary Adjournment: Mayor Maxwell temporarily adjourned the meeting of the
Anacortes City Council for the purpose of holding an Anacortes Development
Corporation meeting.
After conclusion of the Anacortes Development Corporation meeting, the
Anacortes City Council was again called to order. A resolution of the City
Council of the City of Anacortes, approving Resolution #1995-1 of the Board
of Directors of the City of Anacortes Economic Development Corporation Adopted
on April 10, 1995" was introduced. Cynthia Week of the Law Firm of Preston,
Gates, and Ellis, Bond Council for the Anacortes Economic Development
Corporation, explained that the City Council should approve the action of the
Anacortes Economic Development Corporation by adopting the proposed
114
`April 10, 1995 - Continued from April 3 - continued
resolution. It was moved by Root and seconded by Parrish that Resolution
No. 1351, entitled "A Resolution of the City Council of the City of
Anacortes, Approving Resolution No. 1995-1 of the Board of Directors of the
City of Anacortes Economic Development Corporation Adpoted on April 10,
1995" be approved. Vote: Ayes - Christiansen, Robinette, Rock, Parrish,
Root, Sizemore, and Jackson. The motion passed.
Ordinance Amending Ordinance No. 2316 "City Zoning Code". A discussion was
continued in regard to amendments to Ordinance No. 2316 and Chapter 17.16
of the Anacortes City Code. Mr. Munce presented some proposed changes to
Chapter 17.16 some of which were made following the public hearing of April
3, 1995. After additional discussion, it was moved by Parrish and Seconded
by Sizemore that Ordinance No. 2353, entitled "An Ordinance Amending
Ordinance No. 2316 and Amending Chapter 17.16 of the Official Code of the
City of Anacortes relating to the Anacortes Zoning Code. Vote: Ayes -
Robinette, Rock, Parrish, Root, Sizemore, Jackson, and Christiansen. The
motion passed.
With no further business to come before the Council, the meeting was
adjourned at 8:20 p.m.
Ge ge K taian, City Clerk -Treasurer
April 17, 1995
W. IseC"
H. Dean Maxwell,//11ayor
Mayor Maxwell called the meeting of April 17, 1995 to order at 7:30 p.m.
Roll call found present: Ted Parrish, Ben Root, Ray Sizemore, Bill Jackson,
Terry Christiansen, Bud Rock. Absent: Jeanne Robinette. Roll call was
followed by the Pledge Allegiance to the Flag.
Minutes of Previous Meeting
Mr. Parrish moved, seconded by Mr. Jackson, that the minutes of April 3,
1995 and the continued meeting of April 10, 1995 be approved as if read.
Vote: Ayes - Root, Sizemore, Jackson, Christiansen, Rock, Parrish. Motion
carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, inquired about the cost of fire
protection for structures 50' in height. Mayor Maxwell invited Mrs.
Benedict to meet with him to review the applicable ordinances. (Mrs.
Benedict's comments are on tape and filed at City Hall.)
Mrs. Lois Elber, 3813 West 3rd Street, representing a neighborhood
coalition, thanked the Traffic Safety Committee, Mayor Maxwell, and Public
Works Director, Jim Pemberton, for their prompt response to a request for
the installation of stop signs.
Correspondence
There was no correspondence.
CONSENT AGENDA:
Mr. Christiansen moved, seconded by Mr. Sizemore, that the following Consent
Agenda items be approved. Vote: Ayes - Sizemore, Jackson, Christiansen,
Rock, Parrish, Root. Motion carried.
1. Set Public Hearing/Alternatives to Disposal of Solid Waste Including
Privatization - Mr. Christiansen opened a discussion on the selection of
the March 8th public hearing date to review and take comments on
alternatives to disposal of solid waste including privatization. Mr.
Christiansen suggesting setting a hearing date after the County has made
a decision regarding the incinerator. By consensus, Council agreed to hold
the public hearing on May 8, 1995.
2. Voucher Approval = Council voted that the following vouchers/warrants
audited and certified by the City's Auditing Officer (Finance Director)* and
subsequently reviewed and approved -by the Council Finance Committee on April
1144
April 17, 1995 - continued
6, 1995 and April 13, 1995, be approved for payment as of this date, April
17, 1995. Vote: Ayes - Jackson, Christiansen, Rock, Parrish, Root, Sizemore.
Motion carried.
Claims Vouchers: April, 1995 - Warrant Numbers 40992 through 41169 in the
total amount of $456,189.81
Prewritten Claims: March, 1995 - Warrant Numbers 40619 through s4 _21,, 4@8 4
through 40816 in the total amount of $37,149.22
Electronic Transfer Funds: March, 1995 in the total amount of $197,595.93
Payroll: March, 1995 - Warrant Numbers 37482 through 37704 in the total
amount of $404,285.55
Benefit Payroll: March, 1995 - Warrant Numbers 40817 through 40821 in the
total amount of $105,193.91
3. Resolution - Amending 6 -Year T.I.P. - Council adopted Resolution No. 1353
adopting a revised and extended comprehensive street program.
4. Appointments to Library Board - Mayor Maxwell recommended and Council
approved the appointments of Scott Gorman and Dottie Seward to the Library
Board.
Resolution - Invitation to Kisakata, Japan, to Become a Sister City_
Mayor Maxwell introduced a Resolution extending an invitation to the City of
Kisakata, Japan, to become a sister city and inviting the people of Kisakata,
Japan to participate in the Sister City program. Mr. Jack Greenewald,
President of the Anacortes Sister City Association, reported on the
Association's activities with our first Sister City, Lomonosiv, Russian, and
on the proposed Kisakata student exchange in July. Thanking the many
Association members in the audience for their contributions to global
friendship, Mr. Jackson moved, seconded by Mr. Parrish, that Resolution No.
1354 entitled, "Resolution of the Council of the City of!._.Ana.cor.t.e's,
Washington, USA, extending an invitation to the City of Kisakata,-Jaganii to
Become a Sister City and Inviting the People of Kisakata, Japan to Participate
in said Program" be adopted. Vote: Ayes - Jackson, Christiansen, Rock,
Parrish, Root, Sizemore. Motion carried.
Public Hearing - Street Vacation - Portion of 37th Street - Woolworth
Before the opening of the Public Hearing, Councilman Parrish excused himself
from the Council Chambers for this item. Mayor Maxwell then opened the public
hearing to review and take comments on a Petition to Vacate submitted by
Matthew Lieske and Ronald Woolworth to vacate the alley in Block 29, the alley
in Block 36 and 37th Street lying between Block 29 and Block 36, all in
Kellogg and Ford's addition to Anacortes in the R4A Zone. Mr. Jim Pemberton,
Public Works Director, presented an overhead display showing the proposed
right-of-way to be vacated. Reporting on the Board of Adjustment public
hearing on this matter, Mr. Pemberton said the Board voted unanimously to
recommend approval of the vacation subject to the conditions that the
applicant dedicate property to the south for a new 50' right-of-way that would
access acreage to the east, that the applicant relocate a 12' waterline
located in the existing 37th Street right-of-way, and the 50' right-of-way
to be created. Lastly, the Board recommended that the applicant and staff
together address the critical issue of safe traffic flow at the intersection
of 37th Street and "D" Avenue. In answer to a question from Mr. Jackson, Mr.
Pemberton explained that when the applicant presents design plans to the City
the issues of curb and site distance will be carefully studied.
Mr. Tom Bullock, 3702 F Avenue, proposed a left -turn lane at the intersection
of 37th and "D" Avenue. Mr. Boyd Lucas, 3208 K Avenue, project manager fbr
the Woolworth project, said that when the property to the east is developed
the safety issues and road design will be reviewed at that time. In answer
to a question from Mr. Christiansen regarding access to property to the east,
Mr. Lucas suggested that issues of a larger paved section or grading will be
addressed if the property is to be developed. THere were no further comments
and the Mayor declared the public hearing closed.
Mr. Pemberton pointed out that street width and access issues will be closely
reviewed by the Public Works Department should a project proposal for the
undeveloped area to the east be submitted. After discussion, Mr. Sizemore
moved, seconded by Mr. Rock, that the Vacation of 37th Street between Blocks
29 and 36 and the alleys in Blocks 29 and 36, Kellogg and Ford's Addition,
be approved subject to the conditions recommended by the Board of Adjustment.
1145
April 17, 1995 - continued
Vote: Ayes - Rock, Root, Sizemore, Jackson. No - Christiansen. Motion
carried.
Councilman Parrish returned to the Council Chambers.
Ordinance Prohibiting Parking Along Oakes Avenue
Mayor Maxwell presented an Ordinance that would prohibit parking along the
north side of Oakes Avenue from Anacopper Mine Road to Ferry Terminal Road.
Mayor Maxwell said that in response to the annual summertime parking
overflow at the State Ferry Terminal, ferry passengers will have the SKAT
shuttle system, a parking lot at the Ferry Terminal and a parking lot at
4th Street and "Q" Avenue to provide for parking accommodations. The
prohibition of parking along the north side of Oakes Avenue will encourage
the use of these parking facilities. In response to a question from
Councioman Root, Public Works Director Jim Pemberton clarified the purpose
of the prohibition and discussed violation enforcement. Discussion
followed regarding signage and paring in Clearidge. Mr. Sizemore moved,
seconded by Mr. Rock, that Ordinance No. 2354, entitled "An Ordinance
Prohibiting Parking Along the North Side of Oakes Avenue from Anacopper
Mine Road to Ferry Terminal Road" be adopted. Vote: Ayes - Rock, Parrish,
Sizemore, Jackson, Christiansen. No - Root. Motion carried.
Ordinance - Petty Cash Amendments
Mr. George Khtaian, Finance Director, presented a Resolution to Council
that would amend petty cash and change funds in the following manner:
Park/Recreation Department aggregate petty cash change fund of $150.00;
a Museum Department petty cash fund of $40.00; and a Public Library change
fund of $40.00. After discussion, Mr. Rock moved, seconded by Mr.
Christiansen, that Resolution No. 1355, entitled "Resolution Amending
Resolution No. 1290, dated December 20, 1993 by Adjusting Various Petty
Cash and Change Funds" be adopted. Vote: Ayes - Parrish, Root, Sizemore,
Jackson, Christiansen, Rock. Motion carried.
Ordinance - Budget Amendments (Computers)
Mr. George Khtaian, Finance Director, presented an Ordinance to Council
that would amend the 1995 Budget reflecting contributions from various
operating funds to finance the proposed computer system. Mr. Khtaian
pointed out that this amendment centralizes an internal service fund for
all City computers. He then discussed softwar system comparisons and
clocluded by saying that the Eden system will help to reduce computer audit
costs. Mr. Root expressed concern that a budget amendment of this
magnitude should not come before Council after the 1995 budget has been
adopted. The Mayor then explained that this was, in fact, the appropriate
time to take this step and that research and discussions regarding computer
systems have taken place over the last two years. With that, Mr.
Christiansen moved, seconded by Mr. Rock, that Ordinance No. 2355 entitled,
"An Ordinance Amending Ordinance No. 2340 Approved and Adopted on December
5, 1994 and Entitled, 'An Ordinance Adopting the Budget and Salary Schedule
for all Municipal Purposes and Uses for the Year 1995"' be adopted. Vote:
Ayes - Root, Sizemore, Jackson, Christiansen, Rock, Parrish. Motion
carried.
Ordinance - Establishing Data Processing Fund
Mr. George Khtaian, Finance Director, presented an Ordinance to Council
that creates a Data Processing Services Fund to be used as an internal
service fund to be expended for the repair, replacement, purchase, and
poeration of computer equipment. Mr. Rock moved, seconded by Mr. Jackson,
that Ordinance No. 2356, entitled "An Ordinance Creating a Data Processing
Services Fund; Specifying the Purposes for Which Said Fund is Created, and
Directing the Manner in Which Said Fund Shall be Administered" be adopted.
Vote: Ayes - Sizemore, Jackson, Christiansen, Rock, Parrish, Root. Motion
carried.
U.S. West Lease Negotiation
Mr. Jim Pemberton, Director of Public Works, submitted a request to Council
for authorization to begin negotiations with URS Consultants, Inc., for
a lease of City property for the placement of a U.S. West cellular
transmitter at the Skyline Reservoir. Mr. Pemberton said preliminary
information indicates that this site would not require a tower and that
antennas would be applied to the tank with adhesives. Mr. Jackson
suggested that the lease amount be adjusted upward based on the CPI. Mr.
Root moved, seconded by Mr. Sizemore, to authorize the Public Works
Director to enter into negotiations with URS Consultants, representing U.S.
West NewVector Group, Inc., for a lease agreement to locate a transmitter
April 17, 1995 - continued
at the Skyline Reservoir. Vote: Ayes - Jackson, Christiansen, Rock, Parrish,
Root, Sizemore. Motion carried.
Street Closures
Mr. Jim Pemberton, Director of Public Works, discussed four requests for
street closures: (1) Waterfront Festival, May 20, 1995 and May 21, 1995,
closure of 9th Street from "Q" Avenue to "R" Avenue and "R" Avenue from 6th
Street to 9th Street; (2) Fourth of July festivities, "N" Avenue between 7th
Street and 8th Street adjacent to Causland Park; (3) Arts and Crafts Festival,
Auguat 5, 1995 and August 6, 1995; (4) Oyster Run, October. Mr. Pemberton
recommended disposition of the requests in the following manner: approval of
the Waterfront Festival and Fourth of July requests as presented; presentation
to Council at a later date for approval of the complete Arts and Crafts
festival layout; and conduct a public hearing on May 15, 1995 to review and
take comments on the Oyster Run proposal. Mr. Root asked why the other
festival events are not reviewed in the public hearing process. Mr. Rock
moved, seconded by Mr. Sizemore, to approve street closures and procedures
as recommended by the Public Works Director. Vote: Ayes - Christiansen,
Rock, Parrish, Root, Sizemore, Jackson. Motion carried.
Mayor Maxwell then introduced Mrs. Sandy Everett, Director of Property,
Planning and Development for the Port of Anacortes and welcomed her to the
community.
There being no further business, the meeting was adjourned at 8:45 p.m.
org Khta' n, City Clerk -Treasurer
May 1, 1995
7,
H. Dean Maxwell, Mayor
Mayor Maxwell called the meeting of May 1, 1995 to order at 7:30 p.m.
Roll call found present: Ben Root, 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.
Minutes of Previous Meeting
Mr. Christiansen moved, seconded by Mr. Jackson, that the minutes of April
17, 1995 be approved as if read. Vote: Ayes - Root, Sizemore, Jackson,
Christiansen, Robinette, Rock. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, inquired about the City's utility
rate structure, particularly sewer rates based on water usage during the
months of November through February when many utility customers are out of
the area. Mayor Maxwell responded that the City's utility rate study will
include review of sewer rate calculations. (Mrs. Benedict's comments are on
tape and filed at City Hall.)
Mayor Maxwell informed the audience that the funeral for Mrs. Ray Henery would
be at 3:00 p.m. on May 4th. Mayor Maxwell then expressed his condolences to
Burlington Mayor Ray Henery at the loss of his wife.
Correspondence
Mayor Maxwell presented two Proclamations to the Council and audience. The
first proclamation proclaimed Saturday, May 13, 1995 as National Association
of Letter Carriers Food Drive Collection. The second proclamation proclaimed
May 1st as Youth Appreciation Week.
Consideration of Accepting Chemical Injection Vault at WTP
Mr. Gordon Bruchner, City Engineer, reported that the Chemical Injection Vault
project at the Water Treatment Plan is complete and has been operational for
several weeks. The final contract price of $72,006.72 is $2,593.72 more than
the original contract price. Mr. Bruchner then described the unanticipated
costs associated with the construction of a larger vault and associated
excavation. Mr. Jackson moved, seconded by Mr. Rock, that the project be
accepted as complete, and that the 30 -day lien period be initiated. If no
liens are filed, staff is authorized to release the retainage to the
contractor, Western Pacific Industrial Maintenance. Note: Ayes - Sizemore,
Jackson, Christiansen, Robinette, Rock, Root. Motion carried.
1141
May 1, 1995 - continued
Water Rate Study Presentation (EES)
Mr. George Khtaian, Finance Director, introduced Mr. Tom Gould, Vice
President of Economic and Engineering Services, Inc. Mr. Gould then
distributed copies of a summary of the recently completed 3 -year City of
Anacortes utility rate review. Highlighting areas of revenue and
expenditures and capital outlay considerations, Mr. Gould reported that,
as a result of this study, no water rate increase is necessary for the next
three years, and that no bond issue is necessary.
Public Hearing - Conditional Use Permit - Klint 7,250 Sq Ft Lots in R2 Zone
Mayor Maxwell opened the Public Hearing to review and take comments on a
Conditional Use Permit Application submitted by Dale Klint to allow for two
7,250 square foot building sites in the R2 Zone. Mr. Munce explained that
in the R2 Zones throughout Anacortes there are platted 3,000 square foot
lots that have been in the same ownership since 1978 when major revisions
were made to the existing zoning ordinance. Prior to 1978 the minimum
residential building site was 6,000 square feet. When the code changed
79500 square feet became the minimum lot size standard in that zone. The
current Zoning Ordinance has been revised to allow, if certain criteria are
met, application for a Conditional Use Permit to build on a 6,000 square
foot parcel. Prior to 1978, Mr. Klint took title to 4 5/6ths - 3,000 square
foot lots and has now applied for a Conditional Use Permit to develop two
7,250 square foot building sites. Mr. Munce reported that the Planning
Commission held a Public Hearing on this matter and recommends approval to.
Council subject to 6 standard conditions outlined in the Planning Directdr's -""
Findings of Fact.
Mr. Dale Klint, 157 Madrona Drive, said that his proposal will not increase
density and the building sites will harmonize with the pattern of
development in this area. Mrs. Lois Elber, 3813 West 3rd, represented the
neighborhood coalition, spoke in opposition to the proposal due to increased
density, building on substandard lots and violation of appearance of
fairness doctrines. Mrs. Muriel Bigelow, 3203 West 2nd, spoke against the
project saying that views would be blocked if building occurred on these
substandard lots. There were no further comments and the Mayor declared
the Public Hearing closed.
After discussion, Mr. Jackson moved, seconded by Mrs. Robinette, to approve
the Conditional Use Permit application subject to the 6 conditions outlined
in the Findings of Fact and Conclusions of Law. Vote: Ayes - Jackson,
Christiansen, Robinette, Rock, Root, Sizemore. Motion carried.
Public Hearing - Conditional Use Permit - Ekern - Private Street as Access
Mayor Maxwell opened the Public Hearing on a Conditional Use Permit
Application submitted by Richard Ekern to use a private street as access
to two building sites. Planning Director, Ian Munce, presented an overhead
display showing the project location at Blocks 228 and 229, Map of the City
of Anacortes, abutting 21st Street and lying between "B" and "C" Avenues.
Mr. Munce pointed out that the applicant will be improving the 21st Street
right-of-way abutting those blocks with a cul-de-sac to approximately mid -
block. At that mid -point there is a large rock formation both in the 21st
Street right-of-way as well as in the "B" Avenue right-of-way to the west.
The applicant is proposing a driveway off of the 21st Street cul-de-sac to
access two potential building sites adjacent to this rock outcropping. Mr.
Munce stated that while the Zoning Ordinance requires 30' of frontage on
an improved City street, a Conditional Use Permit may be sought to use a
private drive as access if certain criteria are met. The Planning
Commission held a Public Hearing on this matter and recommended approval
to the Council subject to 8 conditions outlined in the Findings of Fact and
Conclusions of Law.
Mrs. Robinette suggested that this matter be continued until access to the
blocks to the west can be addressed. Mr. Christiansen excused himself from
this item. The applicant, Mr. Richard Ekern, 1240 Del Mar Place, described
the wall of rock at the end of Blocks 228 and 229. The rock wall continues
into the "B" Avenue right-of-way. There were no further comments and the
Mayor declared the Public Hearing closed.
Mrs. Robinette moved that this matter be continued until the owners of
Blocks 252 and 253 are contacted with regard to future access to their
property. The motion died for lack of a second. Public Works Director,
Jim Pemberton, reported to Council that he has met with the property owners
to the west and has discussed future access to their property in detail.
Mr. Rock moved, seconded by Mr. Sizemore, to approve the Conditional Use
Application for the use of a private street as access subject to the 8
conditions recommended by the Planning Commission. Vote: Ayes - Rock,
Root, Sizemore, Jackson, Christiansen. No - Robinette. Motion carried.
1148
May 1, 1995 - continued
Mr. Christiansen returned to the Council Chambers
Public Hearing - Conditional Use Permit - LDS Church - Facility Expansion
Mayor Maxwell opened the Public Hearing on a Conditional Use Application
submitted by Hall/Kienast Architects on behalf of the Church of Jesus Christ
of Latter -Day Saints to expand the church facility of 3720 H Avenue with the
addition of a 5,475 square foot building to the existing 7,000 square foot
facility. Mr. Ian Munce, Planning Director, presented a summary of the
proposal, adding that churches are a conditional use in residential zones
and the addition of the proposed multi-purpose room would require public
review and input. The Planning Commission held a Public Hearing on this
matter and recommended approval subject to 7 conditions contained in the
Findings of Fact and Conclusions of Law.
Mr. Gary Kienast, architect, 119 Grand Avenue, Bellingham, described the uses
of the new church facility. In answer to a question from Mr. Christiansen,
Mr. Keinast stated that the highest elevation of the new building will be
34' and will be 6' higher than the existing building. There were no further
comments and the Mayor declared the Public Hearing closed. Mr. Sizemore
moved, seconded by Mr. Jackson, that the Conditional Use Permit to expand
the "H" Avenue LDS Church facility be approved subject to the 7 conditions
contained in the Findings of Fact and Conclusions of Law. Vote: Ayes -
Christiansen, Robinette, Rock, Root, Sizemore, Jackson. Motion carried.
Bid Award - Type 3 Ambulance 1995
Fire Chief, Bill Ross, reported on the results of the bid opening for the
1995 Type III Ambulance. Four vendors were contacted and one bid was
received from Wheeled Coach, Portland, Oregon in the amount of $75,440.60
including tax. Chief Ross then discussed two proposal options: (1) deletion
of the performance for a savings of $630 and (2) take delivery of the
ambulance at the factory in Orlando, Florida for a savings of $2,050 for a
total bid price of $72,551.56. Council members discussed the options. Mr.
Sizemore moved, seconded by Mr. Jackson, to award the ambulance bid to
Wheeled Coach, and to approve the options for a total bid price of
$72,551.56. Vote: Ayes - Rock, Root, Sizemore, Jackson, Christiansen. No -
Robinette. Motion carried. Council member Rock requested that a vehicle
delivery cost comparison be prepared and submitted to Council.
Resolution - Authorization of Solid Waste Rate Analysis Contract
Mayor Maxwell introduced a Resolution that would authorize the Mayor to enter
into an interlocal agreement to undertake a consultant study to evaluate
solid waste rates. Through this Interlocal Agreement representatives of the
cities of Skagit County, together with County representatives, agree to
retain Economic and Engineering Services (EES) to assist in calculating and
equitably distributing tipping fees. Mr. Root moved, seconded by Mr.
Jackson, that Resolution No. 1356 be adopted. Vote: Ayes - Rock, Root,
Sizemore, Jackson, Christiansen, Robinette. Motion carried.
Authorization to Select Consultants
Mr. Gordon Bruchner, City Engineer, presented four capital improvement
projects that will require professional services for design, equipment
selection, construction plans, specifications and bidding documents. The
projects are (1) Skyline pump station alarm system improvements, (2) Skyline
pump station variable speed drives for the pumps, (3) Clearidge pump
rehabilitation, and (4) Cap Sante pumps 8 and 9 rehabilitation. Mr. Bruchner
then discussed the projects in detail. After discussion, Mr. Jackson moved,
seconded by Mr. Sizemore, to authorize staff to select consultants for the
four wastewater department improvement projects. Vote: Ayes - Root,
Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried.
Consultant Services Contract - Effluent Mixing Zone Study
Mr. Jim Pemberton, Director of Public Works, presented a contract between
the City and CH2M Hill for completing the wastewater treatment effluent
mixing zone study. Mr. Pemberton pointed out that the City's NPDES permit
for the wastewater treatment plan requires that the mixing zone study be
completed this year. Mr. Sizemore moved, seconded by Mr. Root, to approve
the contract with CH2M Hill for the mixing zone study. Vote: Ayes -
Sizemore, Jackson, Christiansen, Robinette, Rock, Root. Motion carried.
Budget Amendment Ordinance - Library Computer Grant
Mr. George Khtaian, Finance Director, presented an Ordinance to Council that
would amend the 1995 Budget reflecting a federal grant from the Department
of Education passed through the Washington State Library Commission to
provide for computers and softward that would allow the public to connect
to the Internet. Mr. Root moved, seconded by Mr. Christiansen, to adopt
1149
May 1, 1995 - continued
Ordinance No. 2357. Vote: Ayes - Jackson, Christiansen, Robinette, Rock,
Root, Sizemore. Motion carried. Mr. Doug Everhart, Library Director,
briefly discussed the new system.
Voucher Approval
Council_ voted that the following vouchers/warrants audited and certified
by the City's Auditing Officer (Finance Director) and subsequently reviewed
and approved by the Council Finance Committee on April 20, 1995 and April
27, 1995, be approved for payment as of this date, May 1, 1995. Vote: Ayes -
Christiansen, Robinette, Rock, Root, Sizemore, Jackson. Motion carried.
Claims Vouchers: May, 1995 - Warrant Numbers 41171 through 41340 in the
total amount of $191,167.73
Prewritten Claims: April, 1995 - Warrant Numbers 40990, 40991, 41170,
41171 in the total amount of $36,194.08
Electronic Transfer Funds: April, 1995 - in the total amount of $33,846.16
Draw Payroll: April, 1995 - Warrant Numbers 37705 through 37831 in the
total amount of $67,164.00
Resolution - Utility Agreement with the Swinomish Tribal Community
Mr. Ian Munce, Planning Director, introduced a Resolution to Council that
would authorize execution of an agreement between the City and the
Swinomish Tribal Community regarding the Fidalgo Island urban utility
system. Mr. Munce pointed out that the City is already providing wholesale
water service to the Reservation and both wholesale and retail service to
Marches Point and both the City and the Swinomish have recognized their
joint responsibility to work together to develop adequate and reliable
water, sewer and stormsewer systems. Mr. Munce also stated that each
project under this agreement would be independently reviewed by Council
and that proper and equitable allocation of costs would be part of each
project review. He emphasized that this agreement would provide for a
long-term framework for utility system development within our Urban Growth
Area. Mr. Christiansen moved, seconded by Mr. Rock, that Resolution No.
1357 be adopted. Vote: Ayes - Robinette, Rock, Root, Sizemore, Jackson,
Christiansen. Motion carried.
Resolution - Setting a Date to Meet with Property Owners Interested in
Annexation
Mr. Ian Munce, Planning Director, summarized the annexation statute and
procedure for the City of Anacortes. Property owners from the
approximately 800 acres in the Highway 20/Marches Point corridor have
petitioned the City to annex. The Resolution before Council sets May 15,
1995 as the meeting date with the City Council and the initiating property
owners to determine if the City will entertain an annexation petition, and
if so, to determine the next step in the annexation process. Mr. Root
moved, seconded by Mr. Sizemore, that a Resolution entitled, "Setting the
Regular City Council Meeting of Monday, May 15 at 7:30 p.m. in the
Municipal Building Council Chambers as the Place and Time for a Meeting
with Parties Initiating an Annexation Petition for the Highway 20/Marches
Point Corridor", be adopted and given Resolution No. 1358. Vote: Ayes -
Rock, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried.
Executive Session
At approximately 8:45 p.m. Mayor Maxwell announced that the Council would '
convene in Executive Session to discuss two land transactions. At 9:30
p.m. the Council reconvened and without taking any further action,
continued this meeting to May 8, 1995 to conduct a public hearing on solid
waste alternative and perhaps to act on land transactions.
Continued Meeting of May 1 held on May 8, 1995
The Anacortes City Council meeting continued from May 1, 1995 was called
to order by Mayor Dean Maxwell at 7:30 p.m. Roll called show the
following: Absent: Parrish, Root, Sizemore. Present: Jackson,
Christiansen, Robinette, and Rock.
Proposed City Investment Policy
Finance Director, George Khtaian, explained to the City Council a proposed
City of Anacortes Investment Policy regarding investment of excess funds.
1150
Continued Meeting of May 1 - May 8, 1995 (continued)
Ordinance Increasing Compensation to City Council Members
Councilman Jackson moved that the City Council members receive a $100 per
month increase effective January 1, 1996, with no subsequent raises
provided. Said motion died for lack of a second. It was moved by
Councilman Rock to table this matter until the meeting of May 15, 1995.
Robinette seconded the Motion. Roll call: Ayes - Jackson, Christiansen,
Robinette, Rock.
Public Hearing on Solid Waste Alternatives Including Privatization
Mayor Maxwell opened a public hearing to discuss possible privatization of
the solid waste collection system for the City of Anacortes. George Khtaian
presented financial information consisting of cost data and projections.
Public Works Director, Jim Pemberton, made additional comments concerning
equipment rental overhead and reported briefly on the contacts he'd had from
contractors interested in competing for collection service and from citizens
favoring the status quo.
The following members of the audience spoke regarding possible privatization
of the solid waste collection system (their full comments are on tape):
Beverly Ann Benedict, Dwayne Knutzen, Dave Storkson, Tim Crosby, Gary
Sawyer, Gary Wargo, John Stables, Malcolm Lorente, and Marc Krueger. After
additional questions and discussions by the City Council, it was stated that
the matter would be placed on a future Council agenda for purposes of
authorizing a request for proposals from private collection companies.
The meeting was adjourned by Mayor Maxwell at approximately 9:25 p.m.
Arge*Cityrk-Treasurer
May 15, 1995
A-40- 74
H. Dean Maxwell, Mayor
Mayor Maxwell called the meeting of May 15, 1995 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
Mr. Jackson moved, seconded by Mr. Christiansen, that decision on the May
1st minutes be delayed. Vote: Ayes - Root, Sizemore, Jackson,
Christiansen, Robinette, Rock. Abstain: Parrish. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, inquired about potential costs
and environmental concerns regarding the train trestle, Rails -to -Trails.
Mayor Maxwell said there will be an environmental review prior to any action
taken by the City. (Mrs. Benedict's comments are on tape and filed at City
Hall.)
Mrs. Lois Elber, 3813 W. 3rd Street, representing the Neighborhood Coalition
and West 6th Street neighbors, detailed several incidents resulting from
blasting conducted by Mr. Ed Hawkins. As a result of these incidents, some
of the neighbors are contemplating legal action. Mrs. Elber requested that
the blasting be stopped. Mayor Maxwell reported that Mr. Hawkins' blasting
permit, had been lifted until he can provide safe and proper blasting
procedures. Additionally, Mr. Hawkins' current blasting procedures are
undergoing Labor and Industries review. (Mrs. Elber's comments are on tape
and filed at City Hall.)
Ms. Kathy Janke, Depot Farmer's Market volunteer, announced that the 7th
season of the Depot Market will begin May 20th. Thanking the Mayor and
Council for their support of this positive acitivity, Ms. Janke introduced
the Market's baker, Mrs. Heather Begin, who distributed freshly baked sweets
from the Market.
1151
May 15, 1995 - continued
Mr. Charles Keck, 1519 M Avenue, asked about the status of Fidalgo Bay
Resort's intention to sell RV sites. Mayor Maxwell reported that, with
regard to condominium sales, the owner will be required to make application
to the State in order to do so. To date, there have been no sales of RV
sites. City staff emphasis has been on the Fidalgo Bay Resort shoreline
and zoning permit compliance. (Mr. Keck's comments are on tape and filed
at City Hall.)
Correspondence
Mayor Maxwell reported that Skagit Search and Rescue located an Anacortes
citizen who had been missing for two days. The Mayor expressed appreciation
for his safe return.
Mayor Maxwell then read from a Proclamation proclaiming May 22, 1995 as
National Maritime Day in Anacortes. The Proclamation expressed appreciation
for the largely unrecognized contributions and sacrifices made by the
Merchant Marine during World War II. The Mayor then announced that there
would be a PBS documentary on the men who sailed the Liberty Ships on
Sunday, May 28th at 11:20 a.m.
Consideration of Consultant Agreement Transmission Line Route Study
Mr. Gordon Bruchner, City Engineer, reviewed a proposed agreement with
Montgomery Watson America's Inc. to perform a Waterline Location Evaluation
Study for the City of Anacortes. Copies of the agreement were previously
distributed to Council for review. Total cost is $72,048. Task 11 of the
Scope of Work, project financing assistance, will not be authorized at this
time. The Study will involve a route study and associated costs to identify
the preferred location for a 24 to 30 -inch replacement waterline between
LaConner Whitney Road and Sharp's Corner. Discussion followed regarding
line location, right-of-way acquisition, environmental issues and working
with the Swinomish Tribal Community relative to crossing their lands. Mr.
Jackson moved, seconded by Mr. Parrish, to authorize the Mayor to execute
the agreement between the City and Montgomery Watson for the Waterline
Location Evaluation Study. Vote: Ayes - Sizemore, Jackson, Christiansen,
Robinette, Rock, Parrish, Root. Motion carried.
Consideration of Consultant Agreement - Carbon Monoxide Monitoring/WWTP
Mr. Gordon Bruchner, reviewed a proposed agreement with CH2M Hill to provide
engineering services for the design of a continuous carbon monoxide system
for the sludge incinerator. The contract amount is $80,000 which includes
equipment as well as engineering costs. Mr. Bruchner emphasized that the
monitoring system is a mandated, unfunded procedure. Discussion followed
regarding the necessity for this type of system. Mr. John Franz, Wastewater
Treatment Plant Manager, answered questions regarding costs and manpower
for total hydrocarbon monitoring versus carbon monoxide monitoring. Mr.
Franz also reviewed the specific requirements of the federal law mandating
the installation of monitoring systems. Mrs. Robinette opened a discussion
on the Agreement Section P. "Change Orders" and asked that the Council be
provided with a CH2M Hill salary schedule. Mrs. Robinette moved, seconded
by Mr. Rock, to authorize the Mayor to execute the agreement with CH2M Hill
for the engineering services for the Carbon Monoxide Monitoring system with
the proviso that the Mayor look into Contract Section P "Change Orders",
and that a complete salary schedule be attached to the contract." Vote:
Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Root, Sizemore.
Motion carried.
CONSENT AGENDA:
Mrs. Robinette asked that Consent Agenda Item C. 2, "Ekern Conditional Use
Findings of Fact, be pulled from the Consent Agenda. WIth that, 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 - Council voted that the following vouchers/warrants
audited and certified by the City's Auditing Officer (Finance Director) and
subsequently reviewed and approved by the Council Finance Committee on May
4, 1995 and May 15, 1995, be approved for payment as of this date, May 15,
1995. Council vote was unanimous.
Claims Vouchers: May, 1995 - Warrant Numbers 41345 through 41535 in the
total amount of $200,942.83
Electronic Transfer Funds: May, 1995 in the total amount of $7,583.18
1152
May 15, 1995 - continued
Payroll: April, 1995 - Warrant Numbers 37822 through 38060 in the total
amount of $395,333.99
Benefit Payrol: April, 1995 - Warrant Numbers 41172 through 41173 in the
total amount of $102,674.55
Draw Payroll: May, 1995 - Warrant Numbers 38061 through 38186 in the total
amount of $66,314.00
2. Resolution Setting Public Hearing Date - Council adopted Resolution No.
1359 setting June 19, 1995 as the public hearing date to review a Petition
to Vacate portions of "Q" Avenue at 37th Street.
3. Findings of Fact - Klint and LDS Church Conditional Uses - Council
adopted Findings of Fact and Conclusions of Law on the Klint Conditional Use
Permit to allow 7,250 sq ft building sites in the R2 Zone, and the LDS Church
Conditional Use Permit to expand the church facility. Both permits were
granted at the regularly scheduled May 1, 1995 Council Meeting.
Findings of Fact Conditional Use Permit - Ekern - Private Street as Access
Mrs. Robinette asked that this matter be removed from the Consent Agenda.
Mrs. Robinette recommended that the following clarifying condition be added:
"(9) No building permit shall be issued without a deed restriction being
recorded that stipulates that the property owner will not oppose an L.I.D.
for street and utility improvements." Mr. Root moved, seconded by Mr.
Sizemore, that the Findings of Fact and Conclusions of Law on the Ekern
Conditional Use Permit to use a private street as access be approved with
the addition of Condition #9. Vote: Ayes - Robinette, Rock, Parrish, Root,
Sizemore, Jackson. Abstain - Christiansen. Motion carried.
Ordinance - Investment Policy
Mr. George Khtaian, Finance Director, presented an Ordinance to Council that
reflects Council study session review and input. Mr. Khtaian pointed out
that the Ordinance formalizes past investment practices. Mr. Jackson moved,
seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Delegating
Investment Authority to the City Treasurer and Adopting an Investment Policy
of Public Funds" be adopted and given Ordinance No. 2358. Vote: Ayes - Rock,
Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried.
Public Hearing - Street Closure - Oyster Run Motorcycle Festival
Mayor Maxwell opened the Public Hearing to review and take comments on an
application for street closures on Sunday, Octer 1, 1995 for the Oyster Run
Motorcycle Festival. Mr. Jim Pemberton, Public Works Director, then
addressed the Council explaining that he received an application in March
from Mr. Doug Ramey to close Commercial Avenue from 3rd Street to 9th Street
on October 1, 1995 for the Oyster Run from 7:00 a.m. to 6:00 p.m. Mr.
Pemberton further reported that the Public Hearing is being held in response
to concerns from both Council and merchants on street closures in general.
Specific issued raised were recovery of costs associated with the event,
proper notice to merchants, loss of business, traffic control, etc.
Mr. Doug Ramey, 705 Commercial, said that the Oyster Run in a 14 -year old
event and this is the 4th year that Anacortes has been on the Oyster Run
itinerary. Mr. Ramey explained that the event coordinators provide for
sanitation facilities, non-profit organizations provide food booths, and the
Police and Sheriff's Departments provided additional officers for traffic
control. Mr. Ramey then submitted a petition signed by 32 Anacortes
merchants in support of this activity. He then reviewed the festival
activities. On a question from Council, Mr. Ramey explained that the drill
team is highly qualified and is insured. Mr. Stan Patrovsky, 2716 Oakes
Avenue, reported that substance abuse was observed at last year's Oyster Run.
Mr. Andy Anderson, no address given, spoke in favor of the activity. There
were no further comments from the audience and the Mayor declared the Public
Hearing closed.
Council sought clarification on liability insurance, level of service of the
public safety department, vendor boots, potential growth of the festival,
staff response to the application. After discussion, Mr. Rock moved,
seconded by Mr. Rock, that the street closure be granted with the proviso
that a certificate of insurance be provided for the performing group, the
Cossacks. Vote: Ayes - Parrish, Root, Sizemore, Jackson, Christiansen,
Rock. No - Robinette. Motion carried.
Waterline Extension Outide City - Mini Storage Sharpes Corner
Mr. Gordon Bruchner, City Engineer, presented -an. application for water
service outside the City limits to fulfill the requirements for the Skagit
115
lay 15, 1995 - continued
County Fire Marshall to provide a fire hydrant and 1" domestic service to
storage building "G" at the Money -Saver mini -storage complex, 1252 Highway
20. Using an overhead display, Mr. Bruchner showed the location of the
existing and proposed line. Mr. Jackson moved, seconded by Mr. Rock, to
approve the waterline extension request. Vote: Ayes - Root, Sizemore,
Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
Waterline Extension Outside City - Quantum Business Park
Mr. Gordon Bruchner, City Engineer, presented 3 applications submitted by
Dan and Beth Folkers for water service outside the City limits for water
to each lot in a 3 -lot short plat at 783 Padilla Heights Road. Mr. Bruchner
pointed out that these connections would be made to the City's 24' line.
Discussion followed regarding future taps to the 24" line and future
development in this area. Mr. Sizemore then moved, seconded by Mr.
Christiansen, to approve the 3 waterline extension requests. Vote: Ayes -
Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion
carried.
Ordinance - Parking - Commercial Avenue
Mr. Steve Mansfield, City Attorney, presented an Ordinance to Council that
would prohibit parking a vehicle along Commercial Avenue for the purpose
of selling the vehicle. Mr. Mansfield said that the parking enforcement
officer has received a number of complaints from businesses along
Commercial. He also pointed out that this Ordinance addresses retail car
dealers who will be able to park one car on Commercial Avenue adjacent to
their place of business. Discussion followed regarding other types of
vehicles for sale and vehicles containing goods for sale and other manner
of advertising. Alternatives were discussed. Mr. Jackson moved, seconded
by Mr. Sizemore, that an Ordinance entitled "An Ordinance Prohibiting the
Parking of Vehicles for the Purpose of Displaying Said Vehicles for Sale
Along Commercial Avenue" be adopted and given Ordinance No. 2359. Vote:
Ayes - Jackson, Rock, Parrish, Sizemore. No - Christiansen, Robinette,
Root. Motion carried.
Public Hearing - UGA Zoning and Annexation Petitions (22)
Mayor Maxwell opened the Public Hearing to review the proposed SR-20/March
Point Industrial Zone language and to determine if the City of Anacortes
will entertain an annexation petition. Mr. Ian Munce, Planning Director,
then provided a historical overview of the City and County deliberations
on the Urban Growth Boundary for the City. As a result of these
deliberations serious issues regarding the best stewardship of the south
March point area, Highway 20 strip development without proper planning,
protection of water bodies, recognition of existing commercial areas, and.
potential loss of tax base have emerged. Using an overhead display, Mr.
Munce pointed out the proposed acreage involved in the annexation petitions.
Describing a recently released County map showing proposed Urban Growth
boundaries that do not address these serious development and future quality
of life issues, Mr. Munce emphasized that the City's proposed zoning
language addresses the wide range of growth and environmental issues
involved with UGA designation pursuant to the Growth Management Act. Mr.
Munce then discussed the annexation petitions before the Council tonight.
Based on further information forthcoming from the sewer feasibility study
in this area, a public hearing on annexation could be held later this year.
Concluding his presentation, Mr. Munce emphasized that without a County
capital facilities plan in place, the County's depiction of zoning and use
restrictions in this area are unrealistic and without the required GMA
supporting documentation.
Mrs. Margaret Yeoman, 1620 11th Street, pointed out that the proposed zoning
amendment developed by the City has no provision for vegetative screening
or green space as required. She expressed concern for lack of restrictions
against unsightly advertising along the highway. Mr. John Miller, 1102 7th
Street, owner of property above Weaverling Spit, asked about the specific
purpose of that portion of Fidalgo Bay Road being included in the proposed
zoning, and suggested that Fidalgo Bay, as a unique marine environment,
should be designated a marine park. Mr. Dick Dildine, 1201 6th Street,
spoke against the annexation proposal. Mr. Del Reisner, 303 7th Street,
property owner in the proposed annexation area, spoke in support of the
proposed zoning and annexation. Mr. Ed Little, a 20 -year property owner
in the proposed annexation area, spoke out against the unmanaged development
allowed by the County and expressed concern for the lack of services in this
area. He then read from a letter highlighting the sewage disposal dilemma
in this area. There were no further comments from the audience and the
Mayor declared the Public Hearing closed.
1154
May 15, 1995 - continued
The Mayor then announced that this matter would be held over to Monday, May
22, 1995.
Friends of Skagit County versus Skagit County/City of Mt. Vernon/City of
Anacortes
Mr. Ian Munce, Planning Director, pointing out that the Friends of Skagit
County have appealed all of the County's Interim Urban Growth Area
designations. Any decision on this appeal would signifcantly impact the
City. The City intervened and an agreement with Friends of Skagit has been
reached allowing the City's Intertim Urban Growth Boundary proposal to stand
and to drop the action against the City. There are three conditions of
settlement: (1) no residential development in this area, (2) exclude the
Turner Bay area from the existing IUGA, and (3) City will consider methods
to ensure that state Highway 20 is designated as a scenic road. Mr. Jackson
moved, seconded by Mr. Parrish, to authorize the Mayor to enter into the
stipulation and agreement between the City of Anacortes and Friends of
Skagit County. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root,
Sizemore, Jackson. Motion carried.
At approximately 10:40 p.m., Mayor Maxwell announced that the meeting would
be continued to Monday, May 22, 1995 at 7:30 p.m.
Continued Meeting of May 15 - May 22, 1995
Roll call found present: Parrish, Root, Sizemore, Jackson, Christiansen,
Robinette, and Rock.
Urban Growth Area/Zoning Ordinance Amendment
Planning Director, Ian Munce, explained a proposed amendment to the City
of Anacortes Zoning Code which would provide a zoning designation for the
area outside of the City of Anacortes currently contained within its interim
urban growth boundary. Mr. Munce explained certain changes which he had
made. It was moved by Jackson and seconded by Robinette that Ordinance No.
2361 entitled "An Ordinance Approving Amendments to the City of Anacortes
Zoning Ordinance and Adding Section 17.19.010 through 17.19.100 to the
Official Code of the City of Anacortes", be given a number and approved.
As part of this motion it was agreed by the City Council that large scale
office complexes would be allowed as a conditional use within the proposed
Zoning Code. Vote: Ayes - Root, Sizemore, Jackson, Christiansen,
Robinette, Rock, Parrish. Motion carried.
Urban Growth Area/Notice of Intent
Planning Director Munce explained that if the City were to further consider
a possible annexation of that area lying outside the City within the City's
urban growth boundary, then it would need to approve a notice of intent
which would be transmitted to the Washington State Boundary Review Board
for Skagit County. Vote: Ayes - Sizemore, Jackson, Christiansen,
Robinette, Rock, Parrish, Root. Motion carried.
Ordinance Regarding Increased Compensation for Council Members
It was moved by Rock and seconded by Jackson that Ordinance No. 2360
entitled "An Ordinance Increasing Compensation Pay to Anacortes City Council
Members and Amending Section 1 of Ordinance No. 2200, Passed and Approved
on August 19, 1991" be approved. After considerable discussion, a vote was
taken. Vote: Ayes - Jackson, Robinette, Rock, Parrish. No - Christiansen,
Root, Sizemore. Motion carried.
Approval of Minutes for May 1st and 8th
It was moved by Rock and seconded by Christiansen that the minutes of the
City Council meetings of May 1st and May 8th be approved with a change on
page 5, line 6 to change "City shall proceed with the annexation" to "City
will entertain an annexation petition". Vote: Ayes - Christiansen,
Robinette, Rock, Root, Sizemore, Jackson. Abstain - Parrish.
Proclamation/National Public Works Week
Mayor Maxwell read a proclamation declaring the week of May 21st through
May 27th, 1995, as National Public Works Week.
With no further business to come before the City Council, the meeting was
adjourned at 8:29 p.m.
�` I _7h �R.l.�i--ti _
rge,#htaian City Clerk -Treasurer H. Dean Maxwell, ayor
1155
June 5, 1995
Mayor Maxwell called the meeting of June 5, 1995 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
Mrs. Robinette moved, seconded by Mr. Sizemore that the minutes of May 15,
1995 be approved with the following corrections: Page 2, Paragraph 2,
"$80,000" and the last sentence in Paragraph 2: "...with the proviso that
the Mayor look into Contract Section P 'Change Orders', and that a complete
salary schedule be attached to the contract."; and that the minutes of May
22, 1995 be approved with the following corrections: Paragraph 2, 2nd
sentence "...seconded by Parrish that with the following amendments - page
9 of Notice of Intent to Boundary Commission (8). "Sales tax
revenue.... area and appropriate user fees... will enable...", and page 10,
(3.), line 5 of paragraph under 3: "Sales tax revenue from the Annexation
Area will help the City provide full..." - said notice of intention
application be approved and submitted to the Washington State Boundary
Review Board for Skagit County." Vote: Ayes - Root, Sizemore, Jackson,
Christiansen, Robinette, Rock, Parrish. Motion carried.
Correspondence
Mayor Maxwell introduced Dr. Jack Papritz, President of the Anacortes
United Nations Assoication (UNA). Dr. Papritz announced that the Anacortes
UNA will host a community -wide celebration of the 50th anniversary of the
founding of the United Nations in October of this year. There will also
be a year-long observance of this historical event with both the school
district and the community participating. Mrs. Jane Lloyd of the UNA
announced that in October of this year, the UNA will host an archival photo
exhibit of the June 26, 1945 signing of the United Nations Charter. Also
of the UNA, Kathy Janke announded that all citizens and organizations in
Anacortes will be encouraged to participate in setting goals for the 21st
Century as part of the signing of the City of Anacortes Charter for the
3rd Millennium. Representing the youth of the 21st century, students from
the San Juan Montessori school then sang songs of friendship for the
Council and audience. In support of this activity, Mayor Maxwell agreed
to fly the United Nations flag at City Hall and signed a Proclamation
proclaiming June, 1995 through June, 1996 as the "Year of the United
Nations" in the City of Anacortes.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, expressed concern regarding
treatment of Mr. John Olsen at the May 22, 1995 Study Session.
Mrs. Lois Elber, 3813 W. 3rd St., asked if public comment would be accepted
under agenda item "Copper Pond PUD Amendment/Anacopper Mine Road". Mayor
Maxwell answered that public comment would be allowed.
Mr. Dick Werner announced that on June 27, 1995 there will be a 100 -hole
golf challenge at the Avalon Golf Course, Burlington. The challenge is
a fund raiser for the arthritis foundation. Mayor Maxwell will be
participating in this golf challenge.
Correspondence
Mayor Maxwell introduced Mr. Jim Pemberton, Director of Public Works, for
an important notice. Mr. Pemberton was pleased to announce that the
Transportation Improvement Board has approved two Public Works Department
grants: $671,000 for "R" Avenue improvements and $292,600 for "D" Avenue
improvements. The Mayor and Council congratulated the Public Works
Department on these successful grant applications.
Ordinance - Street Vacation - Portion of 37th Street - Woolworth
Mr. Jim Pemberton, Director of Public Works, introduced an Ordinance to
Council that reflects action previously taken to vacate the alley in Block
29, Kellogg & Ford's Addition and 37th Street between Blocks 29 and 36,
Kellogg & Ford's Addition. Mr. Pemberton pointed out that the Ordinance
shall become effective when the requirement to dedicate a new 50 -foot right
of way south of the existing street to be vacated has been satisified. Mr.
Sizemore moved, seconded by Mr. Jackson, that the Ordinance be adopted and
given Ordinance No. 2362. Vote: Ayes - Sizemore, Jackson, Christiansen,
Rock, Root. Abstain - Parrish, Robinette. Motion carried.
Consideration of Bids, "D" Avenue Waterline Replacement
Mr. Gordon Bruchner, City Engineer, reviewed the "D" Avenue waterline
replacement bid results. Mr. Bruchner recommended that the project be
M" N
June 5, 1995 - continued
awarded to the low bidder, R.D. and R. Construction, Burlington, in the bid
amount of $33,377.25. In response to a question from Councilman Sizemore,
Mr. Steve Mansfield, City Attorney, explained that preference can not be given
to local contractors in favor of a construction contract low bidder. Mr. Root
moved, seconded by Mr. Parrish, that the "D" Avenue waterline replacement
project be awarded to R.D. and R. Construction, Burlington in the bid amount
of $33,377.25. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish,
Root, Sizemore. Motion carried.
Ordinance - Building Code
Mr. Ed Frank, Building Official, introduced an Ordinance that adopts the
Uniform Building Code and Standards for the City of Anacortes. Mr. Frank
discussed the modifications made to the Ordinance as recommended during a
Council Study Session review of the proposed Ordinance. Mr. Parrish moved,
seconded. by Mr. Rock, that the Ordinance be adopted and give Ordinance No.
2363. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore,
Jackson. Motion carried.
Contract Amendment - EES - Water Rights/Comp Plan Update and Ordinance
Mr. Jim Pemberton, Director of Public Works, presented Amendment #1 to the
October, 1993 Consultant Services Agreement between the City of Anacortes and
Economic and Engineering Services, Inc. (EES) entitled "Water Rights and Water
System Plan Update". The contract amendment was presented together with an
Ordinance amending the 1995 Budget providing for this additional contract
amendment expenditure. Mr. Pemberton explained that in 1993 the City
contracted with EES for assistance in clarifying the City's water rights on
the Skagit River and to update the City's Comprehensive Plan so that it is
consistent with the Skagit County Coordinated Water System Plan. Negotiations
are ongoing with the Public Utility District and the Swinomish Tribal
Community with regard to the City's request to modify water rights and the
Clty's application to change the point of diversion. The 1993 contract amount
has now been exhausted and staff requested that EES submit a contract
amendment so that the negotiation and application process can go forward. In
response to a question from Mrs. Robinette, Mr. Pemberton verified that
dedicated water funds are available for this amendment. After discussion,
Mr. Root moved, seconded by Mr. Sizemore, to approve Amendment #1 to the EES
Contract, "Water Rights and Water System Plan Update" and to adopt Ordinance
No. 2364 amending the 1995 Budget, Water Fund. In answer to a question from
Mr. Christiansen, Mr. Ian Munce, Planning Director, clarified that EES is
providing a critical technical resource to both PUD and the City of Anacortes
during these vital water rights negotiations. Vote: Ayes - Robinette, Rock,
Parrish, Root, Sizemore, Jackson, Christiansen. Motion carried.
Utility Extension Application/Request for Water Service - Miller
Mr. Jim Pemberton, Public Works Director, presented a utility extension
application and an application for City of Anacortes water connection outside
the City limits. The applicant is Mr. John Miller and the subject 10 -acre
property includes six parcels in the Fidalgo Bay addition to the City of
Anacortes. Two parcels will require a service connection to the City's
existing 12" waterline and the remaining four parcels will require a separate
water extension. Mr. Pemberton provided an overhead display showing the
parcel configuration and also showing existing water supply lines. Staff
recommends that the extension and application requests be approved.
Discussion then followed regarding the difficulty of determining development
issues adjacent to the City limits without an adopted Skagit County
Comprehensive Plan. Planning Director, Mr. Ian Munce, explained that although
the City has complied with all GMA Comprehensive Plan deadlines, without a
County plan in place, the development standards for existing platted property
in the County are unclear. Questions were also raised regarding the future
responsibility for maintenance of lines, the topography of the 6 -parcel
property, low density development versus service development costs, and water
rate restructuring. After a lengthy discussion of these issues, Mr. Sizemore
moved, seconded by Mr. Christiansen, that this matter be tabled to the next
study session. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson,
Christiansen, Robinette. Motion carried.
Amending Service Contract with ADASC - Resolution and Ordinance
Mr. Ian Munce, Planning Director, presented a Resolution authorizing the
execution of a 1995 Agreement between the City of Anacortes and Economic
Development Assoication of Skagit County (EDASC) for economic development
services to the City such as industrial recruitment and retention. The total
contract value is $6,000. Mr. Ian Munce, Planning Director, reported that
this matter had been previously reviewed in Study Session and further reported
that funds are projected to be available in the Urban Renewal Fund for this
contract amount. Staff reviewed the efforts made this year by EDASC on the
1157
June 5, 1995 - continued
City's behalf. Mrs. Robinette recommended that the proposed contract
increase be determined by budget amendment during October of this year when
other budget amendments will be before Council. Councilmembers supported
the significant contributions made by EDASC regionally as well as locally.
After discussion, Mr. Root moved, seconded by Mr. Sizemore, to adopt
Resolution No. 1360 authorizing the execution of a Memorandum of Agreement
between the City and EDASC for 1995 and to adopt Ordinance No. 2365 amending
the 1995 Budget, Urban Renewal Fund. Vote: Ayes - Parrish, Root, Sizemore,
Jackson, Christiansen, Rock. No - Robinette. Motion carried.
Mr. Christiansen then left the Council Chambers for the next two agenda
items.
Forest Park Final Plat - Larkin - 38th Street and "A" Avenue
Mr. Ian Munce, Planning Director, introduced the Final Plat drawing for the
14 -lot Forest Park subdivision. Mr. Munce explained the Preliminary and
Final Plat approval process and reported that the Planning Commission
recommended approval subject to the remaining incomplete plat conditions
being bonded as required by City Ordinance. Mr. Munce then reported that
subsequent to the Planning Commission meeting, the improvements have been
completed and the plat conditions met. Mr. Parrish moved, seconded by Mr.
Jackson, to approve the Forest Park Final Plat. Vote: Ayes - Root,
Sizemore, Jackson, Robinette, Rock, Parrish. Motion carried.
Public Hearing - Schwenk Short Plat Modification - Grade and Street Width
Mayor Maxwell opened the Public Hearing on a request to modify the roadway
grade and width for the Schwenk 9 -lot short plat approved by staff in June
of 1994. Mr. Jim Pemberton, Public Works Director, reported that a 250'
section of the short plat cul-de-sac will have a roadway grade of 15%.
Council approval is required for any increase in grade over 12%.
Additionally, the applicant has requested that this 250' portion of the
roadway be reduced in width from 36' to 24'. Mr. Pemberton recommends
approval of both modification requests due to configuration of the property
and existing topography near Sunset Avenue. There were no comments from
the audience and the Mayor declared the Public Hearing closed.
Council discussed access from the Skyline development and other development
concerns with this project site. After discussion, Mr. Jackson moved,
seconded by Mr. Sizemore, to approve the grade and street width
modifications for the Schwenk short plat. Vote: Ayes - Sizemore, Jackson,
Parrish, Root. No - Robinette, Rock. Motion carried.
Mr. Christiansen returned to the Council Chambers.
Public Hearing - Sutton Place Preliminary Plat - Ohio/West 6th Street
Mayor Maxwell opened the Public Hearing on a Preliminary Plat application
submitted by Mrs. Ruth Sutton for an 11 -lot subdivision adjacent to the
Copper Pond Plat, at West 6th Street and Ohio Avenue. Mr. Ian Munce,
Planning Director, provided an overhead drawing showing site location and
plat layout. Mr. Munce then pointed out the detention pond location and
discussed the access issue for Lot 3 of the proposed plat. He completed
his summary by pointing out that the plat open space requirement will be
satisfied by an in -lieu payment and that the Planning Commission voted to
recommend approval of the project subject to 23 conditions.
Mrs. Lois Elber, 3813 W. 3rd, representing the Neighborhood Coalition,
discussed detention pond safety issues, asked that as many trees as possible
be left standing and requested that the in -lieu park funds be applied to
improvements in the plat area. There were no further comments and the Mayor
declared the Public Hearing closed.
On a question from Mr. Parrish, Mr. Jim Pemberton, Director of Public Works,
discussed maintenance and fencing of open detention systems. Mr. Pemberton
then responded to Mrs. Robinette's question regarding the imposition of an
impact fee on this project for the improvements to be made to Anacopper
Road. The Planning Director also responded by discussing area -wide impact
fees to equitably access specifically defined areas. Mr. Rock and Mr.
Sizemore supported applying the project park fees to improvements in the
immediate area. City Attorney, Steve Mansfield, explained that these funds
can be directed to specific improvements through the Capital Facilities
Plan. After discussion, Mr. Rock moved, seconded by Mr. Parrish, to approve
the Sutton Place Preliminary Plat subject to the conditions outlined in the
Findings of Fact and Conclusions of Law. Vote: Ayes - Jackson,
Christiansen, Robinette, Parrish, Root, Sizemore. Motion carried.
June 5, 1995 - continued
Mr. Parrish excused himself for the next agenda item.
Open Discuss Item - Copper Pond PUD Amendment/Anacopper Mine Road
Mr. Jim Pemberton, Director of Public Works, discussed a May 22, 1995 letter
from Boyd Lucas, Project Manager for the Copper Pond Planned Unit
Development. The letter requests a time extension on the project conditions
specifying Anacopper Mine Road improvements. The time extension request is
made so that a dialogue can be held with the City, Port, and Copper Pond
proponent to develop a more comprehensive plan for the development of
Anacopper Mine Road. The letter further states that, prior to the
discussions, a letter of credit in the amount of $100,000 will be issued to
ensure that the required improvements will be completed. Mr. John Prosser,
representing the proponent, Mr. Tom Bullock, 3702 F Avenue, Mrs. Lois Elber,
3813 West 3rd, Mr. Dick Carbo, 3901 W. 3rd, Mr. Terry Meyers, 4020 West 6th
St., Mrs. Beverly Ann Benedict, 2414 16th St., and Mr. Bill Wooding, 251
Rosario Road, all participated in the discussion on this request.
Mr. Ian Munce, Planning Director, addressed the Council and reported that
the 3-4 month delay would be a minor modification; he asked for Council
direction as to how to proceed on this request. After discussion and
deliberations, Mr. Root moved, seconded by Mr. Jackson, to hold a public
hearing on this matter. Vote on the amended motion: Ayes - Christiansen,
Robinette, Rock, Root, Sizemore, Jackson. Motion carried.
Voucher Approval
Mr. Sizemore moved, seconded by Mr. Christiansen that the following
vouchers/warrants auditied and certified by the City's Auditing Officer
(Finance Director) and subsequently reviewed and approved by the Council
Finance Committee on May 18, 1995, May 25, 1995, and June 1, 1995 be approved
for payment as of this date, June 5, 1995. Council vote was unanimous.
Claims Vouchers: June, 1995 - Warrant Numbers 41547 through 41742 in the
total amount of $362,030.76
Prewritten Claims: May, 1995 - Warrant Numbers 41341-41344, 41536-41539 in
the total amount of $9,684.48
Electronic Transfer Funds: May, 1995 in the total amount of $586,721.41
Payroll: May, 1995 - Warrant Numbers 38187 through 38415 in the total amount
of $390,401.58
Benefit Payroll: May, 1995 - Warrant Numbers 41540 through 41545 in the
total amount of $132,246.70
Draw Payroll: May, 1995 —Warrant Numbers 38061 through 38186 in the total
amount of $66,314.00
Site Visit - Anacortes Airport
Mr. Root moved, seconded by Mr. Parrish, to continue the meeting of June 5,
1995 to Monday, June 19, 1995 at 6:30 p.m. to condust a site visit at the
Anacortes Airport. No testimony will be taken at that time. Vote: Ayes -
Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion
carried.
Continued Meeting of June 5, 1995 - June 19, 1995
At 6:30 p.m., Mayor Maxwell opened the continued June 5, 1995 City Council
meeting. The meeting was held at the Anacortes Airport for the purpose of
a site visit in conjunction iwth a Public Hearing regarding amending the
Anacortes Zoning Code, Airport Zoning, to be held during the regularly
scheduled June 19, 1995 City Council meeting. Council members present were
Ted Parrish, Ben Root, Ray Sizemore, Bill Jackson, Terry Christiansen, and
Jeanne Robinette. Bud Rock was absent. At approximately 7:00 p.m., without
taking any testimony or action, Mayor Maxwell adjourned the City Council
meeting of June 5, 1995.
,x'g'�e4Khiarn, Ci
Treasurer H. Dean Maxwell,Mayor
1159
June 19, 1995
Mayor Maxwell called the meeting of June 19, 1995 to order at 7:30 p.m.
Roll call found present: Ted Parrish, Ben Root, Ray Sizemore, Bill Jackson,
Terry Christiansen, Jeanne Robinette. Absent: Bud Rock. Roll call was
followed by the Pledge of Allegiance to the Flag.
Minutes of Previous Meeting
Mr. Jackson moved, seconded by Mr. Parrish, that the minutes of June 5, 1995
be approved as if read. Mrs. Robinette clarified that the minutes reflect
the specific action taken by Council on the Sutton Place Preliminary Plat.
The Mayor said that the Sutton Place public hearing tape would be reviewed
with regard to in -lieu -of park funds. Vote: Ayes - Root, Sizemore, Jackson,
Christiansen, Robinette, Parrish. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, asked when a public apology for
John Olsen would be scheduled and reported that she had been barred from
attending a meeting on Mt. Erie. The Mayor again invited Mrs. Benedict to
meet with him to discuss these matters. (Mrs. Benedict's comments are on
tape and filed at City Hall.)
Mrs. Lois Elber, 3813 W. 3rd St., representing a neighborhood coalition,
suggested that the June 5th minutes should list individual comments on the
"Open Discussion - Copper Pond" matter, suggested that developers be required
to provide utility improvements rather than passing these costs on to future
home owners and spoke against avigation easements. (Mrs. Elber's comments
are on tape and filed at City Hall.)
Correspondence
Mayor Maxwell said that he was in receipt of a letter from the City of
Sydney, British Columbia, inviting representatives from the city of Anacortes
to visit Sydney with the thought of developing a sister -city relationship
between the two cities.
Mayor Maxwell then announced that a position is available on the Housing
Authority Board. The Mayor asked that suggestions for candidates or
volunteers for the position be directed to his office.
Ordinance - Storm Drainage
Mr. Jim Pemberton, Director of Public Works, introduced a Stormwater
Ordinance to Council that reflects revisions made after review by Council
in Study Session and review made by the Public Works Advisory Board. The
Board recommends adoption of the Ordinance. Mr. Christiansen pointed out
that Section 10, A(3) should read "Grading, clearing, or land -disturbing
activities of more than one thousand square feet and less than one acre."
Mrs. Robinette asked that staff review the effects of this Ordinance on
developments of less than one acre. Mrs. Robinette moved, seconded by Mr.
Jackson, that Ordinance No. 2366 entitled, "An Ordinance Establishing
Drainage Requirements and Regulations, Providing Definitions and Establishing
Permit Procedures" be adopted. Vote: Ayes - Sizemore, Jackson,
Christiansen, Robinette, Parrish, Root. Motion carried.
"R" Avenue Construction Authorization
Mr. Jim Pemberton, Director of Public Works, discussed the funding received
from the Transportation Improvement Board for the R Avenue/SR-20 Intersection
Project. Mr. Pemberton explained that a Supplemental Agreement between the
City and the Department of Transportation is required so that construction
can begin and so that the remaining Federal Aid money allocated to this
project can be spent. Mr. Pemberton requested permission to execute the
supplemental agreement and to go to bid in August of this year. Mr. Sizemore
so moved, seconded by Mr. Parrish. Vote: Ayes - Jackson, Christiansen,
Robinette, Parrish, Root, Sizemore. Motion carried.
On a related matter, Mr. Pemberton explained that the City gained possession
of a single family residence and a duplex as part of the R Avenue
acquisition. Mr. Pemberton requested permission to advertise the single
family residence and duplex for sale. Mrs. Robinette suggested that staff
advertise aggressively. Mr. Root moved to authorize staff to advertise the
sale and removal of the single family and duplex structures. Mr. Jackson
seconded the motion. Vote: Ayes - Christiansen, Robinette, Parrish, Root,
Sizemore, Jackson. Motion carri6d.,
June 19, 1995 - continued
Temporary Lease of Portable Odor Control Equipment
Public Works Director, Mr. Jim Pemberton, presented a 3 -month Lease
Agreement between the Clty and Envirometrics, Inc., for the lease of a
pilot -scale packed tower scrubber and a pilot -scale carbon absorption unit
for the purpose of studying and evaluating the control of odors at the west
Anacortes pump station. Mr. Pemberton recommended that, if approved, a
rider should be added to the CIty's insurance coverage for this equipment,
and reported that another option may be available for similar, less
expensive equipment but specific data was not available at this time. Mr.
John Franz, Wastewater Treatment Plant Manager, discussed the details of
the study and the function of the scrubber and absorption units. Mr. Franz
said that the study will be conducted to determine the most cost-effective
method of installing permanent odor control facilities. Detailed discussion
followed regarding past practices and proposed solutions. Mr. Sizemore
asked about the possibility of a lease/option agreement. Mr. Jackson then
moved, seconded by Mr. Christiansen, to authorize staff to execute a lease
agreement for pilot -scale odor control equipment for the west Anacortes pump
station. Vote: Ayes - Robinette, Parrish, Root, Sizemore, Jackson,
Christiansen. Motion carried.
CONSENT AGENDA
Mrs. Robinette asked that Consent Agenda item 6f, "Resolution Setting Public
Hearing Date - Vacation - Portion of Morton Avenue" be pulled from the
Consent Agenda. WIth that, Mr. Christiansen moved, seconded by Mrs.
Robinette, that the following Consent Agenda items be approved. Vote: Ayes -
Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried.
1. Voucher Approval - Council voted that the following vouchers/warrants
audited and certified by the City's Auditing Officer (Finance Director) and
subsequently reviewed and approved by the Council Finance Committee on June
8, 1995 and June 15, 1995 be approved for payment as of this date, June 19,
1995. Council vote was unanimous.
Claims Vouchers: June, 1995 - Warrant Numbers 41746 through 41902 in the
total amount of $351,359.17
Electronic Funds Transfer Funds: June, 1995 in the total amount of
$803,065.05
Draw Payroll: June, 1995 - Warrant Numbers 38416 through 38540 in the total
amount of $66,064.00
2. Warrant Cancellations - Council approved the cancellation of Warrant
439535 in the amount of $136.08 and Warrant #40095 in the amount of $57.19.
3. Findings of Fact - Sutton Place Preliminary Plat - Council adopted the
Findings of Fact and Conclusions of Law on the Sutton Place Preliminary
Plat.
4. Public Fireworks Display - Council approved a permit to conduct a
fireworks display provided by Eagle Fireworks, Inc. from a barge in Fidalgo
Bay on the 4th of July.
5. Resolution - Setting Public Hearing Date - Vacation - Portion of Shelby
Court - Council adopted Resolution No. 1361 setting July 17, 1995 as the
Public Hearing date on a petition to vacate a portion of Shelby Court.
6. Completion of Public Works Project/Outfall Repair (Department of Revenue
Requirement) - Council accepted the Sanitary Sewer outfall repair project
performed by Hurlen Construction as complete and authorized staff to release
retainage if no valid liens are filed during the advertised 30 -day lien
period.
Resolution - Setting Public Hearing Date - Vacation - Portion of Morton
Avenue
Prior to Council discussion on this matter, Mr. Steve Mansfield, City
Attorney, pointed out that a properly executed petition to vacate a street
presented by abutting property owners entitles the petitioners to have a
public hearing not less, that 20 and no more than 60 days from the date the
matter is presented to Council. Mrs. Robinette suggested that a public
hearing on this petition be set in 60 days so that a specific access road
configuration plan for the Morton Avenue area can be developed. Mr. Jim
Pemberton, Director of Public Works, responded by pointing out that the area
in question is fully platted, partially developed with some rights-of-way
1160
1161
June 19, 1995 - continued
already vacated. There are difficult topographical and wetland issues
regarding the existing platted streets and the design of a street system
for the 1st Plat of Ships Harbor would require considerable staff and
property owner participation. Mr. Christiansen asked that a drawing
showing the vacated rights-of-way in this area be part of the Public
Hearing review material. Mr. Root reviewed the City Attorney's comments,
pointing out that a properly executed petition entitles the petitioner to
a timely public hearing and moved, seconded by Mr. Sizemore, that Council
adopt Resolution No. 1362 setting the 17th day of July, 1995 as the Public
Hearing date on a petition to vacate a portion of Morton Avenue. Vote:
Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Parrish. Motion
carried.
Public Hearing - Fidalgo Center Rental Policies - Resolution
Mayor Maxwell opened the Public Hearing to review and take comments on the
proposed Fidalgo Center Rental Policies. Mr. Gary Robinson, Director of
Parks and Recreation, explained that the policies before Council reflect
the suggested changes made by Council in Study Session. Mr. Robinson also
referred to the three written comments received. Council members asked
that Mr. Robinson define "special activities", "routine maintenance", and
that he explain the rational behind setting the deposit amount and
decorating restrictions. The Mayor then opened the hearing to public
comment.
Mr. John Olsen, 1710 24th Court, asked that a representative of the
neighborhood be on the Fidalgo Center Coordinating Committee and discussed
the renter clean-up responsibilities. Mr. Malcolm McPhee, 5107 MacBeth,
spoke against full fees for non-profit organizations. Mrs. Beverly Ann
Benedict, 2414 16th Street, spoke in favor of reducing rates, reducing
cleaning responsibilities and adding storage for the VFW. There were no
further comments and the Mayor declared the Public Hearing closed.
Discussion followed regarding the representation on the Coordinating
Committee and employment of part time help. After discussion, Mr. Parrish
moved, seconded by Mr. Root, to adopt Resolution No. 1363 entitled, "A
resolution Adopting Policies for the Rental of Fidalgo Center." Council
asked that Mr. Robinson closely monitor the issues raised during the Public
Hearing. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette,
Parrish, Root. Motion carried.
Public Hearing - Street Vacation - Portion of "Q" Avenue - Beesley
Mayor Maxwell opened the Public Hearing to review and take comments on a
Petition to Vacate "Q" Avenue between Blocks 5 and 12, Beale's Maple Grove
Addition to Anacortes. Mr. Jim Pemberton, Director of Public Works,
provided an overhead showing the location of the petitioner's residence
in the "Q" Avenue right-of-way. The Board of Adjustment held a Public
Hearing and recommended approval of the vacation request. Mr. Pemberton
discussed the disposal of the property between the abutting property owners
should the Council grant the vacation.
There were no comments from the audience and the Mayor declared the Public
Hearing closed. Council discussed right-of-way and housing development
and drainage in this area. At the end of the discussion, Mr. Jackson
moved, seconded by Mr. Sizemore, that "Q" Avenue between Blocks 5 and 12,
Beale's Maple Grove Addition to the City be vacated. Vote: Ayes -
Jackson, Christiansen, Robinette, Parrish, Root, Sizemore. Motion carried.
Horizon Heights Division III Final Plat
Mr. Ian Munce, Planning Director, introduced the Final Plat drawing for
the Horizon Heights, Division III subdivision. Mr. Munce explained the
Preliminary and Final Plat approval process and reported that the Planning
Commission recommended approval subject to the remaining incomplete plat
conditions being bonded as required by City Ordinance. Mr. Root moved,
seconded by Mr. Christiansen, to accept the Final Plat of Horizon Heights,
Division III subject to satisfactory bonding of outstanding conditions.
Vote: Ayes - Christiansen, Robinette, Parrish, Root, Sizemore, Jackson.
Motion carried.
Public Hearing - Copper Pond PUD - Anacopper Road
Mayor Maxwell opened the Public Hearing to take public comment on a request
by Woolworth Development to delay the required off-site improvements for
the Copper Pond Planned Unit Development. In his review of this request,
Mr. Ian Munce, Planning Director, reported that the City requires that off-
site improvements have to be constructed before building permits are
issued. The applicant has requested the delay in construction so that
further cooperative improvements to Anacopper Road can be reviewed by the
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June 19, 1995 - continued.
applicant, the Port and the CIty. During this discussion phase the
applicant would secure a letter of credit for the required improvements.
Mr. Munce then passed out copies of the Planning Commission's June 14, 1994
meeting minutes. The minutes reflect the Planning Commission request that
Council refer this modification to the Final Development Plan conditions
back to the Planning Commission for further deliberation and Planning
Commission action.
Mr. Dick Dildine, 1201 6th Street, discussed the importance or requiring
developers to install street improvements. Mr. Malcolm Lorente, 3820 W.
4th St., spoke in favor of referring this matter to the Planning Commission.
Mrs. Lois Elber, 3813 W. 3rd, representing a neighborhood coalition, spoke
in favor of referring this matter to the Planning Commission. Mr. Boyd
Lucas, 3208 K Avenue, project engineer, spoke in favor of the delay so that
comprehensive Anacopper Road improvements can be planned. Ms. Colleen
Sargent, 1600 Georgia, a resident in the neighborhood coalition area, stated
she had not been contacted by the coalition regarding this matter. Mr. Bill
Wooding, 1601 Georgia Place, also stated that he had not been contacted by
the coalition. He then clarified the specific current Copper Pond street
improvements to be discussed if the delay is approved. Mrs.. Lois Elber,
3813 W. 3rd, representing the neighborhood coalition, reviewed the Ohio
Avenue improvement conditions. Mr. Terry Meyers, 4020 W. 6th St., asked
for a review of the negotiations held so far. Mr. John Prosser, 2615 D
Avenue, encouraged a dialogue with all interested parties so that a better
street improvement solution can be created. There were no further comments
and the Mayor declared the Public Hearing closed.
Lengthy Council discussion followed clarifying the Planning Commission
procedural question. After discussion Mr. Jackson moved, seconded by Mr.
Christiansen, to approve the request to delay the Copper Pond PUD off-site
improvement conditions for 90 -days and to accept a letter of credit in an
amount established by the Public Works Department for the proposed off-site
improvements. Mrs. Robinette suggested that this matter be referred back
to the Planning Commission but to carry through with discussions with the
Port and the proponent to develop alternatives to the development of
Anacopper Road. Vote: Ayes - Parrish, Root, Sizemore, Jackson,
Christiansen. No - Robinette. Motion carried.
Public Hearing - Airport Zoning
Mayor Maxwell opened the Public Hearing on proposed Zoning Code amendment
to include Chapter 17.20, Light Manufacturing Use District Two (airport
zone). Mr. Ian Munce, Planning Director, summarized the development of this
proposed airport zone language. He first explained that a joint meeting
between City and Port was held resulting in the understanding that there
was an airport within the City limits and that the airport was to be a
community oriented aviation facility and that an airport zone should be
considered. Detailed comments and data on airports and related zoning
issues were submitted to the Planning Department for review. A draft
ordinance for this new designation was then prepared outlining specific use,
purpose, and design standard requirements and presented to the Planning
Commission. After lengthy discussions and Public Hearing, the Planning
Commission recommended adoption of the ordinance adding that existing
business be allowed to expand 20% after which further expansion would
require a conditional use permit. Mr. Munce emphasized that new business
would be reviewed through the conditional use process and clarified that
the conditional use section should contain the language "conventional" and
"T hangars". Mr. Munce then entered as Exhibits a June 14, 1995 letter
from Warren Gilbert, a June 19, 1995 letter from W.C. Rockwell, and the May
24, 1995 Planning Commission minutes. Mr. Munce explained that existing
airport uses and structures as of the date of the adoption of this Ordinance
are permitted. Mr. Munce reviewed the Planning Commission minority opinion:
that the existing permitted uses should be kept in the airport zone and that
the proposed extensive use of the conditional use process was inappropriate.
At that same meeting, the Commission moved to recommend approval of the
revised Airport Zoning Ordinance now before City Council.
The Mayor then invited public comment. Mr. F.E. Eisenzimer, 2918 W. 2nd,
suggested that restaurants, motels, hotels be added as conditional uses.
Mr. Jim Davis, 4710 Kingsway, stated that the proposed Ordinance was a good
compromise. Mr. Dick Dildine, 1211 6th St., pointed out that the airport
existed prior to nearby residential development and spoke agains overly
restrictive regulations for new businesses at the airport. Mrs. Lois Elber,
3813 W. 3rd., representing a neighborhood coalition, spoke in favor of the
Ordinance amendment. Mr. David Alger, 5216 Doon Way, spoke against the
zoning amendment. Mr. Dale Aspnes, 2715 Dundee, spoke in favor of the
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June 19, 1995 - continued
amendment and recommended the second sentence is permitted uses read,
"individual structures may be increased in floor space by 20% except
airplane hangar space." Mr. Bill Rockwell, 4015 Airport Road, said he owns
8 acres in this zone and was not notified of this public hearing and spoke
against the zoning amendment as it would restrict the development of his
property. Mr. Pat Mooney, 2019 40th Street, spoke against the expansion
restrictions saying that many businesses would be jeopardized by this
limitation. Mrs. Beverly Ann Benedict, 2414 16th St., said that airport
expansion is of significant concern to the neighborhood. Mr. Dick Johnson,
2403 Highland Drive, said that Mr. Bill Rockwell was identified in the
Anacortes Layout Plan and spoke in favor of the Ordinance. Mr. Bill
Wooding, 1601 Georgia Place, spoke against the restrictions to business
expansion. Mr. Gene Jordeth, 1901 Bradley Drive, discussed the growing
tourism industry in the community and stressed the need for the airport
and spoke against the zoning amendments. Mr. Jim Burton, West Isle Air,
spoke against the amendment with specific concerns about restrictions on
expansion. Mr. Frances Barcott, 1820 8th St., Port Commissioner, stated
that there will be a Port Airport Advisory Committ which will work toward
problem solving. Mr. Terry Meyers, 4020 W. 6th St., spoke against the 20%
expansion restriction. Mr. Charles White, 4934 Heather Drive, said his
business at the airport has grown dramatically and spoke against the
proposed expansion restriction and suggested that the proposed zone name
be changed to Airport Zone. He then submitted and read a letter with his
suggestions. Mr. Dildine spoke again and discussed the conditional use
process. There were no further comments and the Mayor declared the Public
Hearing closed.
Councilmembers discussed the significant impact of this proposed Ordinance.
Suggestions were made to investigate uses allowed in other airports, to
further revise the growth control factor, and to address safety issues
caused by imposition of a curfew. Mr. Jackson then moved, seconded by Mr.
Sizemore, to refer this Zoning Ordinance amendment together with a
transcript of this meeting, to the Planning Commission. Discussion
followed about specific City direction regarding an airport zone, including
what uses will be allowed, recognition of the airport's physical location,
compiling a list of airport dependent uses and retaining the City's
responsibility as a land use planning agency. discussion also followed
regarding the establishment of a committee to research these issues. In
response to questions from Council, Mr. Munce commented that the Airport
Layout Plan does not provide very much information as to what could happen
at the Airport leaving open a wide range of possibilities of what could
happen, and that the Ordinance before Council contains policy statements
including expansion issues that were of significant importance to citizens
who testified at the Planning Commission public hearing. Mr. Munce pointed
out that current zoning code language does not include "airport" as either
a permitted or conditional use in the Light Manufacturing zone. Council
concurred that Council guidelines on these issues should be outlined and
brought back to the Planning Commission for further deliberation. At the
conclusion of the discussion, Mr. Jackson withdrew his motion. Mr. Root
then moved, seconded by Mr. Sizemore, to table this item. Vote: Ayes -
Root, Sizemore, Jackson, Christiansen, Robinette, Parrish. Motion carried.
Eden Systems Contract
Mr. George Khtaian, Finance Director, presented an agreement between the
City of Anacortes and Eden Systems, Inc. to provide a computer software
package. Mr. Khtaian pointed out that Council had previously approved the
purchase of software and hardwar for the Finance Department and system
networking for the City. Mr. Christiansen moved, seconded by Mr. Sizemore,
that the contract with Eden Systems, Inc. be approved. Vote: Ayes -
Sizemore, Jackson, Christiansen, Robinette, Parrish, Root. Motion carried.
Water Contract Amendments
Mr. George Khtaian, Finance Director, presented the following Resolutions
and Water Contracts for Council approval: Resolution No. 1364, authorizing
execution of an amendment to the water contract between the City of
Anacortes and the Town of LaConner; Resolution No. 1365, authorizing
execution of an amendment to the water contract between the City of
Anacortes and the Swinomish Tribal Community; Resolution No. 1366,
authorizing execution of an amendment to the water contract between the
City of Anacortes and Shell Oil Company; Resolution No. 1367, authorizing
execution of an amendment to the water contract between the City of
Anacortes and Texaco; Resolution No. 1368, authroizing execution of an
amendment to water contract between the City of Anacortes and the City of
Oak Harbor. Mr. Khtaian pointed out that the contract between the City
1164
June 19, 1995 - continued
of Anacortes and Public Utility District #1 would be before Council at a later
date. Mr. Jackson moved, seconded by Mr. Parrish, that the Resolutions be
adopted. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Parrish,
Root. Motion carried.
Resolution - Real Estate Contract with Pacific Circuits
Mr. Ian Munce, Planning Director, presented a Resolution and Real Estate
Agreement with Pacific Circuits for property in the urban renewal area. Mr.
Munce reviewed that Pacific Circuits' effluent can be handled by our existing
sewer treament plant, working positively with DOE discharge approval, July
19th to sign the offer. Mr. Munce then discussed the details of the contract.
Mr. Munce then emphasized the support given the City by EDASC during the
development of this project. Mr. Sizemore moved, seconded by Mr.
Christiansen, to adopt Resolution No. 1369 authorizing a sales agreement
between the City of Anacortes and Pacific Circuits, Inc. Vote: Ayes -
Jackson, Christiansen, Robinette, Parrish, Root, Sizemore. Motion carried.
At approximately 12:04 a.m., Mayor Maxwell continued the meeting of June 19,
1995 to 7:30 p.m., Monday, June 26, 1995 to review a Resolution regarding Bond
Anticipation Notes and possibly other matters.
Continued Meeting of June 19, 1995 - June 26, 1995
Meeting was called to order by Mayor Dean Maxwell at 7:30 p.m.
Councilmen present: Parrish, Sizemore, Jackson, Christiansen, Robinette,
Rock. Absent: Root.
Resolution - LID Financing
Finance Director George Khtaian explained that he was requesting authority
from the Council to make a loan from the Water Fund to provide interim
financing for Local Improvement Districts Number 201 and 203. The loan would
be for a period necessary to complete the LID projects and issue bonds. It
was moved by Rock and seconded by Jackson that Resolution No. 1370 be
approved.
Permit - Fireworks Stand
Mayor Maxwell explained that John Curtis of Bubba Sudz Car Wash had requested
a permit to operate a retail fireworks stand at his car wash location.
Councilman Sizemore explained that the purpose of the stand was to raise
monies for the City of Anacortes fireworks show planned for July 4th. It was
moved by Sizemore and seconded by Christiansen that the permit be granted.
With no further business to come before the Council, the meeting was adjourned
at 7:38 p.m. to a Study Session.
/Gegeaian,-C'ty Clerk -Treasurer
July 3, 1995
H. Dean Maxwell, Mayo
Mayor Maxwell called the meeting of July 3, 1995 to order at 7:30 p.m.
Roll call found present: Ted Parrish, Ben Root, Bill Jackson, Terry
Christiansen, Jeanne Robinette, Bud Rock. Absent: Ray Sizemore. Roll call
was followed by the Pledge of Allegiance to the Flag.
Minutes of Previous Meeting
With the following correction to the June 19, 1995 minutes, Mr. Parrish moved,
seconded by Mr. Jackson, to approve the minutes of the June 19, 1995 and June
26, 1995: Page 5, Public Hearing - Airport Zoning, 6th sentence, delete the
words, "every 5 years". Vote: Ayes - Jackson, Christiansen, Robinette,
Parrish. Abstain: Root, Rock. Motion carried.
Citizen Hearings
Mrs. Lois Elber, 3813 W. 3rd St., representing a neighborhood coalition,
stated that the coalition is comprised of citizens involved in the decisions
that affect the quality of their lives. She reviewed the manner, nature, and
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July 3, 1995 - continued
level of contact with real estate developers during review of a recent
development project and gave a policy statement of the neighborhood
coalition including its history and focus and discussed the current level
of Council neighborhood representation. (Mrs. Elber's comments are on
tape and filed at City Hall.)
Mrs. Beverly Ann Benedict, 2414 16th Street, suggested that Council direct
the Parks Department to develop a hand-out showing the Mt. Erie climbing
faces so that climbers can file a climbing plan, and asked when a public
apology for John Olsen would be scheduled. (Mrs. Benedict's comments are
on tape and filed at City Hall.)
Correspondence
Mayor Maxwell read from a letter from Western Washington University
confirming their participation in Shannon Point Road development.
Mayor Maxwell then announced that the SKAT transit system began operation
on Saturday, July 2nd and transported 1,600 passengers. The Mayor
encouraged citizens of Anacortes to support ridership on this bus system.
Latecomers Agreement - Campbell Lake Waterline
Mr. Jim Pemberton, Director of Public Works, reported that L.I.D. 4201
was formed last year for the purpose of constructing a 1,600 foot
waterline on Campbell Lake Road. Mr. Pemberton has now brought forward
a request to execute and file a latecomer agreement for properties
excluded from the boundaries of L.I.D. 4201. Mr. Pemberton reported that
the affected property owners have been contacted and none of the property
owners have requested a public hearing on this matter. Mr. Jackson moved,
seconded by Mr. Root, to authorize staff to execute a latecomers agreement
and file it with the Skagit County Auditor's Office. Vote: Ayes -
Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried.
Consideration of Accepting 23rd and 25th Streets, R Avenue Waterline
Replacement
Mr. Gordon Bruchner, City Engineer, reported to Council that the waterline
replacement project on 25th Street between Commercial and "R" Avenue, 23rd
Street between Commercial and "R" Avenue and "R" Avenue between Longview
and Fidalgo is complete and tested. The lines have been in service for
several weeks without problems. Staff recommends that Council accept the
project as complete. Mr. Root moved, seconded by Mr. Christiansen, to
accept this project as complete and to initiate the 30 -day lien notice
advertisement and to return the retainage if no liens are filed. Vote:
Ayes - Christiansen, Robinette, Rock, Parrish, Root, Jackson. Motion
carried.
Council pointed out that this project was entirely designed, bid managed
and inspected by the City's Water Department and Engineering staff
resulting in cost savings for the City.
Consideration of Engineering Contract Relative to 3 Sewage Pump Stations
Rehabilitation, I t,,
Mr. Gordon Bruchner, City Engineer, presented a professional services
contract between the City of Anacortes and Semrau Lisser for engineering
services for the replacement and rehabilitation of 3 wastewater pump
stations at the Clearidge and Cap Sante areas. Mr. Bruchner reported that
the agreement scope of work and lumps sum fee have been reviewed by staff
and reviewed through the Mayor's contract review process. Mr.
Christiansen moved, seconded by Mr. Jackson, to authorize the Mayor to
enter into the agreement between the City and Semrau Lisser for
engineering services for the pump station rehabilitation project. Vote:
Ayes - Robinette, Rock, Parrish, Root, Jackson, Christiansen. Motion
carried.
Consideration of Engineering Contract Relative to Filter Media Pilot Study
at WTP
Mr. Gordon Bruchner, City Engineer, presented a professional services
contract between the City of Anacortes and R.W. Beck for engineering
services related to the water treatment plant filter media pilot study
to determine the best media to treat settled water to allow for higher
water filtration rates. The contract is under review by the Mayor's
contract review committee and staff recommends approval of the contract.
On a question from Mr. Parrish, Mr. Bruchner explained that the State
Health Department mandated that the study be organized, planned,
supervised and reported back to the State by a consultant familiar with
the design of water treatment plants. After discussion, Mr. Jackson
moved, seconded by Mr. Parrish, to authorize the Mayor to enter into the
July 3, 1995 - continued
agreement with R.W. Beck for professional services for a filter media pilot
study. Mr. Rock recommended that staff closely review the contract costs.
Vote: Ayes - Parrish, Root, Jackson, Robinette. No - Rock, Christiansen.
Motion carried.
Consideration of Engineering Contract Relative to Wastewater Systems
Telemetry and Variable Frequency Drives
Mr. Gordon Bruchner, City Engineer, presented a professional services
contract between the City of Anacortes and Technical Systems Incorporated
to complete design work and prepare specifications for procurement and
installation of telemetry and variable frequency drives relative to the
wastewater pumping systems. The contract is under review by the Mayor's
contract review committee and staff recommends approval of the contract. Mr.
Parrish moved, seconded by Mrs. Robinette, to authorize the Mayor to enter
into the agreement with TSI for professional services for completion of
design work for the wastewater systems telemetry and variable frequency
drives. Vote: Ayes - Parrish, Root, Jackson, Christiansen, Robinette, Rock.
Motion carried.
Mayor Maxwell then introduced Mr. Ed Capasso, Water Treatment Plant Manager,
who reported that on Friday, the water treatment plant produced over
29,000,000 gallons of water representing 97% of peak filter capacity.
John Miller Waterline
With regard to the John Miller waterline application previously reviewed by
Council, Mr. Jim Pemberton, Director of Public Works, presented a cost
benefit analysis of the waterline extension replacement costs. Mr. Pemberton
pointed out that the analysis represent a worst-case scenario and he then
discussed ductile iron pipe longevity. With regard to Mr. John Miller's
application to provide water service to 6 lots in the Fidalgo Bay Addition
outside the City limits, Mr. Pemberton suggested 4 alternatives: (1) deny
the application where the extension does not appear to be cost effective,
(2) increase the surcharge to recover depreciation expenses, (3) require a
covenant not to oppose an LID so that pipeline replacements can be financed
through the LID process, (4) look for a longer term useful life of the
installation. The County has approved the lots for on-site sewage systems.
Discussion followed about cost recovery issues and about establishing more
comprehensive policies regarding outside utility extension requests. Mrs.
Robinette pointed out that it costs more to take urban services to sparsely
populated areas and suggested that it would be appropriate to increase
surcharge to cover depreciation. At the conclusion of the discussion, Mr.
Jackson moved, seconded by Mr. Rock, to approve the Miller Utility extension
application. Vote: Ayes - Root, Jackson, Christiansen, Rock, Parrish. No -
Robinette. Motion carried.
CONSENT AGENDA:
Mayor Maxwell announced that Item b. of the Consent Agenda will be moved to
a future Council agenda. With that, Mr. Root moved, seconded by Mr.
Christiansen, that the following Consent Agenda items be approved. Vote:
Ayes: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Root. •Motion
carried.
1. Voucher Approval - Council voted that the following vouchers/warrants
audited and certified by the City's Auditing Officer (Finance Director) and
subsequently reviewed and approved by the Council Finance Committee on June
22, 1995 and June 29, 1995 be approved for payment as of this date, July 3,
1995. Council vote was unanimous.
Claims Vouchers: July, 1995 - Warrant Numbers 41912 through 42045 in the
total amount of $184,273.01
Electronic Transfer Funds: June, 1995 - in the total amount of $39,071.93
2. Resolution - Setting Public Hearing Date - Vacation - Portion of "S" Avenue -
Council approved Resolution No. 1371 setting August 7, 1995 as the Public
Hearing date on a petition to vacate a portion of "S" Avenue.
3. Resolution - Setting Public Hearing Date - Final Assessment Roll LID 203 -
Council approved Resolution No. 1372 setting August 7, 1995 as the Public
Hearing date for the final assessment roll for LID #203.
4. Public Hearing Date - 6 -Year TIP - Council set July 17, 1995 as the
public hearing date to consider the City's Six Year Transportation
Improvement Program 1996-2001.
1167
July 3, 1995 - continued
5. Appointment: Housing Authority Board, Museum Board - Mayor Maxwell
recommended and Council approved the appointment of Tom Allen to the Housing
Authority Board and approved the reappointments of Neil Fenno, Murray
Carroll, Shirley Ijams, and Thomas Thompson to the Museum Board.
Street Fair Application - Shipwreck Days and Anacortes Arts and Crafts
Festival
Mr. Jim Pemberton, Director of Public Works, presented a Shipwreck Days
application to close Commercial Avenue from 4th Street to 9th Street on July
15, 1995 from 8:00 a.m. to 5:00 p.m. Staff recommends approval with the
stipulation that access to fire hydrants be kept clear and that appropriate
barricades be used. Mr. Root moved, seconded by Mr. Jackson, to approve the
application subject to staff recommendations. Vote: Ayes - Christiansen,
Robinette, Rock, Parrish, Root, Jackson. Motion carried.
Mr. Pemberton then presented an overhead display showing the street closure
application from the Anacortes Arts & Crafts Festival for the first weekend
in August, 1995. The closures would be Commercial Avenue from 10th Street
to 4th Street; 7th, 6th, and 5th Streets from "0" Avenue to Commercial; 7th
Street from Commercial to "R" Avenue and that portion of "Q" Avenue between
6th and 8th Streets. Mr. Pemberton reported that the applicant has been
advised of sign locations, barricading, that fire hydrants are to be left
clear and to provide emergency access on "Q" Avenue. Mr. Parrish moved,
seconded by Mr. Rock, to approve the application subject to staff
recommendations. Vote: Ayes - Robinette, Rock, Parrish, Root, Jackson,
Christiansen. Motion carried.
Public Hearing - Preliminary Plat - Astrea Place
Mayor Maxwell opened the Public Hearing to review and take comments on the
proposed Preliminary Plat application submitted by Landex Associates, Inc.
for a 14 -lot subdivision on 3.9 acres at 41st Street and "N" Avenue. Mr.
Jim Pemberton, Director of Public Works, presented an overhead display of
the proposed plat and summarized the Planning Commission recommendation for
approval subject to 23 conditions. He then discussed the potential
development of 30' of "N" Avenue, presently a gravel road and described
developments surrounding this project. He reported that the proponent will
be dedicating 20' to allow for a 50' right of way on "N" Avenue. The Mayor
then opened the hearing to public comment.
Mr. Ken Jacot, 1121 King Street, said that his property adjoins this proposed
plat to the north. Although he did not want to oppose the project, Mr. Jacot
express concern that runoff for the project area will drain to the north to
his property. He also reported that an adjacent development assured the
neighbors that the building height would be limited; however, 3 -story homes
were built affecting privacy and light. He suggested that the developer
plant deciduous trees to replace trees removed to develop the property.
There were no further comments and the Mayor declared the Public Hearing
closed.
Discussion followed regarding the storm drainage and zoning code height
restrictions. Mr.s Robinette clarified with staff that the 35' maximum is
measured from the natural grade. In response to a question from Mr. Parrish,
Mr. Pemberton said that the project will provide an erosion and sedimentation
and control plan before construction begins, and that the stormwater
retention and design criteria will be consistent with the Clty's Stormwater
Plan. Mr. Parrish then moved, seconded by Mr. Rock, that the Astrea Place
Preliminary Plat be approved subject to the 23 conditions recommended by the
Planning Commission together with Condition X624 limiting the structures on
Lots 6, 7, and 8 to two stories. Discussion ensued regarding following the
current zoning code design standards and designing developments according
to adjacent conditions and structures. Vote: Ayes - Rock, Parrish. No -
Root, Jackson, Christiansen, Robinette. Motion failed. Mrs. Robinette
moved, seconded by Mr. Christiansen, that the Astrea Place Preliminary Plat
be approved subject to the 23 conditions recommended by the Planning
Commission together with Condition #24: "Roof down spouts from houses on
Lots 6, 7, and 8 shall be piped to stormwater and/or detention pond as
required by the City Engineer." Vote: Ayes - Root, Jackson, Christiansen,
Robinette, Rock. No - Parrish. Motion carried.
Surplus City Property
Mr. Jim Pemberton, Director of Public Works, presented a request for approval
to surplus Lot 140 of Clearidge Division 2. He explained that the lot was
originally purchased to extend Whidbey Court along the north side of the
airport property to connect with Anacopper Mine Road. This proposal was
subsequently deleted during the City's Transportation Plan review. Mr.
July 3, 1995 - continued
Pemberton then recommended that the proceeds from the sale of this lot could
be used to help fund the joint City, Port, and Woolworth Development Anacopper
Mine Road improvement project without affecting the City's street improvement
priorities. Mr. Christiansen moved, seconded by Mr. Jackson, to surplus Lot
140 of Clearidge Division 2 and to list this property with a real estate
company. Vote: Ayes - Root, Jackson, Christiansen, Robinette, Rock, Parrish.
Motion carried.
There being no further business, at approximately 9:40 p.m., the meeting was
adjourned.
71
Geo r Kht4an, City-,Uerk-Treasurer H. Dean Maxwell, May r
1169
July 17, 1995
Meeting was called to order by Mayor Dean Maxwell at 7:30 p.m.
Roll call: Present - Parrish, Root, Sizemore, Jackson, Robinette, and Rock. Absent - Christiansen.
Minutes of the Julv 3, 1995 Meeting
It was moved by Jackson and seconded by Rock that the minutes of the July 3, 1995 meeting be
approved as if read. Vote: Ayes - Root, Sizemore, Jackson, Robinette, Rock, Parrish.
Citizen Hearings
Under Citizen Hearings, the following individuals addressed the Council on the indicated subjects:
Beverly Benedict expressed concern that owners of one story homes might not be aware that their view
and access to the sunlight could be blocked by adjoining property owners building multi -story houses.
She felt owners of single story houses should be so advised.
Lois Elber expressed concern about truck traffic over the weekend in the West 2nd, West 3rd, West 4th,
and West 6th neighborhoods. The truck traffic was generated by construction projects taking place in the
area.
Dick Dildine expressed concern about problems of access to the west end and the opposition of
neighborhood groups to having through streets which would provide such access. Mr. Dildine also
expressed concern about the City selling a lot in Clearidge which he felt might facilitate access to the west
end.
Malcolm Lorente expressed concern about the contractor working for Copper Pond and two utility
crossings which were put in across Anacopper Road which he felt was not done properly.
Correspondence
Mayor indicated he would like to have the Council appoint two or three members to meet with the Port
regarding proposed improvements to Anacopper Road.
Mayor Maxwell extended condolences from himself and the City to Doyle Geer for the passing of his
mother.
Councilman Jackson announced that he would not be a candidate for Council at the upcoming election.
UNFINISHED BUSINESS
Acceptance of Fidalgo Center - Gordon Bruchner addressed the Council and explained that the Fidalgo
Center project had been completed very close to the original bid amount Mr. Bruchner and members of
the Council expressed appreciation to the architect, Marc Estvold and others involved in the project, for
the efficient and expeditious manner in which the project was completed. It was moved by Parrish and
seconded by Root that the Fidalgo Center construction project be accepted. Vote: Ayes - Sizemore,
Jackson, Robinette, Rock, Parrish, and Root.
Consideration of Bids for 1995 Street Program - Gordon Bruchner addressed the Council an
explained the 1995 Street Program, described what improvements were involved, and provide
information on the two bids received. It was moved by Jackson and seconded by Sizemore that the low
bid of Lakeside Industries of Anacortes in the amount of $87,816.00 be accepted. Vote: Ayes - Jackson,
Robinette, Rock, Parrish, Root, and Sizemore.
Consent Agenda - Three items were listed on the Consent Agenda as follows:
Voucher approval: Claims for the month of July in the amount of $106,127.53, Warrant Nos.
42052 to 42198. Prewritten claims for the month of June in the amount of $13,740.01, Warrant Nos.
41546, 41743-41745, 41903-41905. Electronic transfer funds for the month of July in the amount of
$6,288.72. Payroll for the month of June in the amount of $385,980.49, Warrant Nos. 38541-38775.
Benefit payroll for the month of June in the amount of $132,881.87, Warrant Nos. 41906-41911.
July 17, 1995 - continued
Ordinance No. 2367 vacating a portion of "Q" Avenue, and Findings of Fact on the Plat of
Astrea Place.
It was moved by Sizemore and seconded by Parrish that the Consent Agenda and Ordinance No. 2367 be
approved. Vote: Ayes - Robinette, Rock, Parrish, Root, Sizemore, and Jackson.
NEW BUSINESS
Ordinance Amendine the 1995 Budget (Museum)
Karen Marshall, Museum Director, explained that the museum had received three grants to facilitate
certain museum functions. Grant I would evaluate plans and establish priorities as to how the museum
could best serve the community. Grant 2 would assist in evaluating the museum's current collections,
care policies, procedures and environmental conditions, with focus on the Carnegie building's museum
potential and as a national prototype example. Grant 3 would plan and implement an educational
outreach program for students, seniors, and interested groups to learn more about local history. To
properly account for the total amount of grants received of $13,419.00, it is necessary to amend the 1995
budget. It was moved by Jackson and seconded by Root that Ordinance No. 2368 be approved. Vote:
Ayes - Rock, Parrish, Root, Sizemore, Jackson, and Robinette.
Consideration of Sewer Extension, Northern Pacific Addition
Gordon Bruchner expalined a request which the City received to extend the sanitary sewer line to serve
Lots 3 through 7 in Block 703, Northern Pacific Addition to the city. All costs of the extension would be
paid by the applicant and the sewerline would be constructed to City standards. It was moved by
Sizemore and seconded by Jackson that permission to extend the sewerline be granted. Vote: Ayes -
Parrish, Root, Sizemore, Jackson, Robinette, and Rock.
Public Hearine - Street Vacation - Portion of Morton Avenue
A public hearing for vacation of a portion of Morton Avenue adjacent to Lots 1 through 3, Block 11,
Ships Harbor Addition, was opened by Mayor Maxwell. Jim Pemberton, Director of Public Works,
described the application and gave background on the area. Dawni Cunnington sppoke in support of the
application. Dick Dildine spoke and raised a question concerning drainage which Mr. Pemberton said did
not apply to this site. The public hearing was closed. It was moved by Root and seconded by Parrish that
the City Attorney be instructed to prepare an Ordinance granting said street vacation. Vote: Ayes - Root,
Sizemore, Jackson, Robinette, Rock, and Parrish.
Public Hearine - Portion of Shelbv Court
Mayor Maxwell opened a public hearing to consider the vacation of a portion of Shelby Court. Mr.
Pemberton explained that the portion requested for vacation was part of a cul-de-sac which no longer is
needed because Shelby Court has been extended into an additional area of the sub -division. Mr.
Pemberton also recommended that no charge be assessed for the vacated property. No one in the
audience spoke either for or against the proposed vacation. Mayor Maxwell closed the public hearing. It
was moved by Root and seconded by Sizemore that the City Attorney be directed to draft an Ordinance
granting the vacation of the portion of Shelby Court described in the application. Vote: Ayes -
Sizemore, Jackson, Robinette, Rock, Parrish, and Root.
Capital Facilities Plan
Mayor Maxwell opened a public hearing on the proposed Capital Facilities Plan. Finance Director,
George Khtaian, explained the Capital Facilities Plan. Tom Bullock spoke in regard to said Plan and
requested that that portion of the plan contained on Page 88 involving storm drainage in the Horizon
Heights area be designed in 1995 and construction in 1996.
With no further individuals desiring to speak, the public hearing was closed. Councilmember Robinette
made four proposals for changes to the proposed Capital Facilities Plan. Those proposals are summarized
as follows:
1. Provide for neighborhood parks in 1996. Mrs. Robinette reminded Council of the donation of
$3,900 in lieu of dedication paid by the developers of Sutton Place and the proposal under consideration
in that area.
117:
July 17, 1995 - continued
2. The storm drain project identified by Mr. Bullock be designed in 1995 and constructed in 1996 as
well as a drainage project in the Stittwood Division.
3. On Page 16, monies provided for capital improvements to roads in Washington Park should be
expended in 1996 rather than waiting until 1997.
4. The storm sewer pump station at 10th and "Q" Avenue is a project which benefits a private
individual and should not be included in the Capital Facilities Plan.
After discussion, it was moved by Root and seconded by Parrish that Ordinance No. 2369 approving the
Capital Facilities Plan be adopted with the following two changes:
1. That an estimated $4,000 be listed in the Parks Capital Facilities Plan for Neighborhood Parks i
1996.
2. If possible, the design and engineering phase of the drainage proposals for the Horizon Heights
area and the Stittwood area be completed in 1995 and that construction on those projects be listed in the
Capital Facilities Plan for 1996. Vote: Ayes - Jackson, Robinette, Rock, Parrish, Root, and Sizemore.
Councilmember Robinette, in casting her vote, specifically stated that her yes vote was not necessarily an
endorsement of the construction the the public safety building as set forth on Page 22 of the Plan, the
development of the CAD workstation as set forth on Page 36, the sewer extension to the proposed
annexation as set forth on page 78, and the Anacopper Mine Road improvements set forth on Page 40.
Street Closure Reauest by Elks Club and Eales Club
Mr. Pemberton outlined the street closure request submitted by the Anacortes Elks Club and the
Anacortes Eagles Club. The request by the Eagles was to close off 7th Street between Commercial and
"Q" Avenue and a portion of "A" Avenue adjoining the Eagles Club on August 18th, 19th, and 20th for it
annual salmon barbecue. Mr. Pemberton recommended approval of this request. It was moved by Rock
and seconded by Parrish to approve the street closure as requested by the Eagles Club. Vote: Ayes -
Robinette, Rock, parrish, Root, Sizemore, and Jackson.
The proposal by the Elks Club to close 7th Street on August 12th from 7:00 a.m. to 7:00 p.m. was next
discussed. The operator of Rose's Dong Grooming spoke and expressed concern about the street being
closed and the effect that has on her business. She also spoke on behalf of several other businesses
including the Chiropractor's Office and the Health Food Store who she indicated had similar concerns.
After discussion, it was agreed that the Elks Club would, with the cooperation of Mr. Burton, provide
some parking in Mr. Burton's parking lot to accommodate customers of those businesses. It was also
mentioned by the Elks Club that their chili feed is getting so large that different arrangements would have
to be made for subsequent years. It was moved by Sizemore and seconded by Jackson that permission be
granted to the Elks Club for the closure of 7th Street on August 12th for the purpose of their chili cook
off. It was understood as part of the motion that the Elks Club would work closely with the businesses in
the area and provide adequate parking and access to those businesses. Vote: Ayes - Rock, Parrish,
Root, Sizemore, Jackson, and Robinette.
Six Year Transportation Improvement Program
A public hearing was opened by Mayor Maxwell to discuss the Six Year Transportation Improveme
Program. Mr. Pemberton explained that the Six Year TIP was a mandate from the state and it was
necessary to have such a program in place. He also indicated the program could be amended at any time
to add or delete projects. Mr. Pemberton explained what was inlcuded in the proposed Transportation
Improvement Program. After discussion, it was moved by Root and seconded by Sizemore that
Resolution No. 1373 approving the Six Year Transportation Improvement Program be approved. Vote:
Ayes - Root, Sizemore, Jackson, Robinette, and Parrish.
Real Estate Contract - Bunnies by the Bav_
Mayor Maxwell announced that this item would not be considered on this evening's agenda.
With no further busine s to c me before the Council, the meeting was adjourned by Mayor Maxwell.
Cyw ge Kh aian, City lerk-Treasurer H. Dean Maxwell, Mayor r
August 7, 1995
Mayor Maxwell called the meeting of August 7, 1995 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 Meetin_a
With the following corrections to the July 17, 1995 minutes, Mr. Jackson moved,
seconded by Mr. Sizemore that the minutes be approved as if read: Capital Facilities Plan,
paragraph 3, "1. Provide for neighborhood parks in 1996. Mrs. Robinette reminded
Council of the donation of $3,900 in lieu of dedication paid by the developers of Sutton
Place and the proposal under consideration in that area."; and paragraph 7, "1. That an
estimated $4,000 be listed in the Parks Capital Facilities Plan for Neighborhood Parks in
1996." Vote: Ayes - Root, Sizemore, Jackson, Robinette, Root, Parrish. Abstain:
Christiansen. Motion carried.
Citizen Hearings
Mr. Bob Geyer, 4413 Kingsway, asked for a status report on development plans, if any, for
the Kingsway extension. Mr. Geyer also asked if public hearings would be held if the
extension is considered. Mayor Maxwell clarified that the Kingsway extension may be
studied in the future as a connection to the west end. The Mayor also verified that should
this extension come before the Council a public hearing would be scheduled.
Correspondence
Mayor Maxwell reported that the Anacortes/Kisakata, Japan youth exchange was a
complete success. The Sister City relationship with Kisakata has focused on the
development of the youth of both communities, and the students and adults participating
in the July exchange were treated with great warmth and generosity by the whole
community of Kisakata.
Ordinance - Vaca Una Portion of Morton Avenue
Mr. Jim Pemberton, Director of Public Works, presented an Ordinance to Council that
reflects action previously taken by Council to vacate the westerly fifty feet of Morton
Avenue adjacent to Lots 1, 2, and 3, Block 11, 1 st Plat of Ships Harbor. Mr. Parrish
moved, seconded by Mr. Jackson, to adopted Ordinance No. 2370. Vote: Ayes -
Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried.
Ordinance - Vacatina Portion of Shelbv Court
Mr. Jim Pemberton, Director of Public Works, presented an Ordinance to Council that
reflects action previously taken by Council to vacate portions of Shelby Court contiguous
to Lot 7, Plat of Parkside. Mr. Pemberton pointed out that when Parkside Phase II
extended to the north the cul-de-sac at the end of Shelby Court was no longer needed and
the developer requested that that portion of the right-of-way forming the cul-de-sac be
vacated in favor of the through street. Mr. Rock moved, seconded by Mr. Root, to adopt
Ordinance No 2371. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Root,
Sizemore. Motion carried.
Voucher Approval
Mr. Christiansen moved, seconded by Mr. Sizemore that the following vouchers/warrants
audited and certified by the City's Auditing Officer (Finance Director) and subsequently
reviewed and approved by the Council Finance Committee on July 20, 1995, July 27,
1995 and August 3, 1995 be approved for payment as of this date, August 7, 1995.
Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion
carried.
Claims Vouchers
Aug, 1995 Warrant Numbers 42211 through 42439 in the total amount of
$441,783.15
Prewritten Claims
Jul, 1995 Warrant Numbers 42046-42048, 42199-42204 in the total amount of
$74,808.04
Electronic Transfer Funds
July and August 1995 in the total amount of $37,051.95
Payroll
Jul, 1995 Warrant Numbers 38904 through 39139 in the total amount of
$395,891.82
Benefit Pavroll
Jul, 1995 Warrant Numbers 42205 through 42210 in the total amount of
$134,499.63
Draw Pavroll
Jul, 1995 Warrant Numbers 38778 through 38903 in the total amount of $67,264.00
Resolution - Establishina Citv Council Rules and Meetinci Procedures
Mayor Maxwell presented a Resolution adopting procedures clarifying and directing City
Council responsibility, rules and meeting procedures. The Mayor pointed out that these
procedures were reviewed by Council in Study Session. Mr. Jackson clarified that these
1173
August 7, 1995 - continued
procedures address Mayor/Council form of government only. Mrs. Robinette highlighted a
correction under Section 6 Meetings - Addressing the council. 2. Manner of Addressing
Council - Time Limit. second sentence. "Testimony should be limited to five minutes."
Mr. Rock said that a Resolution format allows for revisions should they be necessary over
the next year's review of these procedures. Thanking Mrs. Robinette for her work on
these procedures, Mr. Parrish suggested that consideration should be given to the
feasibility of requiring consultation with the mayor pro -tem regarding the preliminary
agenda and the ambiguity of requiring that the agenda make clear the opportunities for
public input. Mr. Christiansen supported the rules and procedures. With that, Mr.
Christiansen moved, seconded by Mr. Parrish, to adopted Resolution No. 1374 entitled,
"Enacting Procedures to Clarify and Direct City Council Responsibility, Rules and Meeting
Procedures." Vote: Ayes - Robinette, Rock, Parrish, Root, Sizemore, Jackson,
Christiansen. Motion carried.
Public Hearing - Street Vacation - Portion of "S" Avenue - Bass
Mayor Maxwell opened the Public Hearing on a Petition submitted by Mr. and Mrs. Martin
Bass to vacate the easterly five feet of "S" Avenue adjacent to Lot 10, Block 20, Beales
Maple Grove Addition. Mr. Ian Munce, Planning Director, provided an overhead showing
the right-of-way to be vacated and adjacent properties. Mr. Munce then summarized this
proposal pointing out that the Board of Adjustment recommended approval of the vacation,
that the 80' "S" Avenue right-of-way terminates at Highway 20, that the applicant will be
remodeling the house and the improvements will encroach into the right-of-way, and that
the current code requires only 50' for right-of-way. There were no comments from the
audience and the Mayor declared the Public Hearing closed.
Mr. Root moved, seconded by Mr. Jackson, to approve the vacation of the easterly five
feet of "S" Avenue adjacent to Lot 10, Block 20, Beales Maple Grove Addition. Vote:
Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried.
Fina/ Assessment Roll - L.LD. 203
Mr. Jim Pemberton, Director of Public Works, began his summary of this item by saying
that in December of 1993, the Council passed an Ordinance ordering the improvements on
Anaco Beach Road, specifically the construction of sanitary sewer, a sewer lift station and
sewer force main. All the associated work is complete, the project has been accepted by
Council as complete and the Local Improvement Process now brings the Council to a Public
Hearing to review the Final Assessment Roll. Mr. Pemberton said that the $142,910.40
assessment differs from the original estimated figure of $185,000 because City staff
performed engineering inspection and administration functions normally contracted out.
The formula used in establishing equitable assessments was: 1/3 each - square foot area,
front footage, and number of dwelling units on each parcel. Notice of this Public Hearing
and Notice of Assessment were mailed to affected property owners and three letters were
received in response to this Notice. Mr. Pemberton said that this hearing is being held to
determine whether the benefit to the subject property equals or exceeds the amount of the
assessment. He further stated that the Council sits as a board of equalization to consider
evidence and information presented and to decide whether or not to confirm the
assessment roll as presented. In conclusion, Mr. Pemberton recommended that the
assessment roll be adopted by Ordinance and that any fees collected form the Marine
Heights development be applied to the final assessment roll.
Mr. Walter Vendetti, 4525 Anaco Beach Road, reviewed his July 29, 1995 letter to
Council and stated that the job was well done, but he then itemized those areas of concern
regarding other developments and individuals using the new system without paying a
proportionate share of installation costs. He also submitted photographs of the electrical
panel and discussed its potential hazards. Mr. Pemberton then answered questions from
Council on pump installation and the reduction of the L.I.D. boundaries at the request of
the property owners. Mr. Larry Katsel, 4603 Anaco Beach Road, suggested that the utility
will serve more than the 15 assessed property owners and that outside users should pay
for the installation costs and expressed concern that the 4" line will not handle additional
development. There were no further comments and the Mayor declared the Public Hearing
closed.
In response to questions from Council, Mr. Pemberton explained the reimbursement
method should the Marine Heights development go forward and appropriate hook-up fees
assessed, discussed the electrical control panel installation, and reviewed the reasons for
reduction of the original L.I.D. boundaries. Mr. Pemberton discussed the future formation
of a Latecomer's Agreement thereby potentially benefiting the original participants of L.I.D.
203. After further discussion, Mr. Parrish moved, seconded by Mr. Jackson, to confirm
the L.I.D. assessment roll as presented by the Public Works Department. Vote: Ayes -
Parrish, Root, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried.
August 7, 1995 - continued
Bid Award - Wastewater and Water Treatment Plant Chemicals
Mr. Jim Pemberton, Director of Public Works, reviewed the 1995-1997 Chemical Bid
Recommendation and analysis submitted by Mr. Ed Capasso, Manager of the Water
Treatment Plant. Mr. Root moved, seconded by Mr. Sizemore, to accept the 1995-1997
Wastewater and Water Treatment Plan Chemical Bids as outlined in Mr. Capasso's July
27, 1995 Memorandum. Mayor Maxwell praised the efficiency of the City of Anacortes
WWTP and WTP Plant Managers. Vote: Ayes - Root, Sizemore, Jackson, Christiansen,
Robinette, Rock, Parrish. Motion carried.
Copper Pond Planned Unit Development - Final Plat Approval
Mr. Ian Munce, Planning Director, summarized the Planning Unit Development process
beginning with the design development phase, final development stage leading up to the
Council formal action of final plat approval. The Copper Pond PUD is now in the final plat
approval stage. Mr. Munce discussed two of the 49 final development conditions by way
of illustrating the approval process- the 50' right-of-way to be provided to Mr. Scott's
property and the issue of illumination at the intersection of Anacopper Road and West 3rd.
Mr. Munce reviewed Planning Commission action with regard to these two conditions: a
50' right of way was required; illumination on West 3rd was not required by the
Commission. Mr. Jim Pemberton, Director of Public Works, then presented results of his
staff's review of the 49 conditions adopted by the Planning Commission at the final
development stage. Outstanding tasks are hydroseeding, drainage lock covers on diverter
boxes and a section of biofiltration Swale to be completed. Mr. Pemberton stated that a
$2,000 bond would be appropriate to cover these items and that he had no objections to
final plat approval. After discussion, Mr. Jackson moved, seconded by Mr. Parrish, that
the Final Plat of the Copper Pond Planned Unit Development be approved subject to a
performance bond or acceptable equivalent of $102,000 for the off-site road
improvements and remaining tasks outlined in Mr. Pemberton's report. Vote: Ayes -
Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried.
Real Estate Sale - Bunnies-Bv-The-Bav
Mr. Ian Munce, Planning Director, presented a Resolution and Sales Agreement between
the City of Anacortes and Bunnies by the Bay for the purchase of 9,900 square feet of
Urban Renewal property. Using an overhead display, Mr. Munce pointed out the adjacent
Fidalgo Marina property and highlighted the 160' of "V" Place connection to 34th Street to
be 'installed by Bunnies -by -the -Bay under this agreement. After discussion, Mr. Sizemore
moved, seconded by Mr. Rock, to adopted Resolution No. 1375 authorizing a sales
agreement by and between the City of Anacortes and Bunnies by the Bay. Vote: Ayes -
Jackson, Christiansen, Robinette, Rock, Parrish, Root, Sizemore. Motion carried.
Resolution - Setting Public Hearin Date - Vacate Portion of Illinois Avenue
Mr. Root moved, seconded by Mr. Christiansen, to adopt Resolution No. 1376 setting
September 18, 1995 as the Public Hearing date on a petition to vacate all of that portion
of Illinois Avenue abutting Lot 1, Block 190, Northern Pacific Addition to Anacortes. Vote:
Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried.
There being no further business, at approximately 9:00 p.m., the meeting was adjourned.
Grge KAitaian, City lerk-Treasurer
1 �- n a
H. Dean Maxwell, ayor
E11 ��!
1175
August 21, 1995
Mayor Maxwell called the meeting of August 21, 1995 to order at 7:30 p.m.
Roll call found present: Ted Parrish, Ben Root, Bill Jackson, Terry Christiansen, Jeanne
Robinette, Bud Rock. Absent: Ray Sizemore. Roll call was followed by the Pledge of
Allegiance to the Flag.
Minutes of Previous Meeting
Mrs. Robinette submitted a written revision to the August 7, 1995 minutes, page 3,
paragraph 2. In submitting this revision, Mrs. Robinette asked that the minutes clarify that
a latecomers agreement was discussed and was a condition of the Council unanimous vote
to approve the Final Assessment Roll for L.I.D. # 203. Mr. Rock, Mr. Root and Mr.
Jackson discussed their recollections of the action taken. Mr. Parrish moved, seconded by
Mr. Root, that the minutes of August 7, 1995 be approved, and that the Morton Avenue
vacation Ordinance number be included in the minutes, and that a transcript be prepared
and clarification made on Council action with regard to the L.I.D. #203 Final Assessment
Roll. Vote: Ayes - Root, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, referencing a letter from the Washington
State Auditor regarding the Anacopper Mine Road project, discussed the bid process and
bid laws should the Port and City go for bids on any Anacopper Mine Road improvements.
Mrs. Benedict asked for information on these bid laws and asked questions regarding the
bid process, and in-house engineering support. Mayor Maxwell recommended that Mrs.
Benedict discuss this process with Public Works Director, Mr. Jim Pemberton.
Referencing the recently adopted Council Procedures, Mr. Malcolm Lorente, 3820 W. 4th
St. reported that a property owner near undeveloped West 6th Street between Ohio and
Anacopper Road, has put up a barricade on the Ohio end of W. 6th Street and a "No
Trespassing Sign" was posted. Mr. Lorente said the property owner's intent is to clear the
end in preparation for construction. Mr. Lorente asked for the City's policy on this type of
activity and asked what permitting procedure/fees apply.
Mrs. Lois Elber, 3813 W. 3rd, discussing Mr. Lorente's remarks, said that Ohio runs
parallel to Anacopper Road, West. 6th St. goes to the East through the Meyer's property
about half a block but it does not connect to Ohio. The property owner to the south of
Meyers has parked a trailer on the property and has barricaded the West 6th right-of-way.
Mayor Maxwell again stated that the City has received the information and he will report
to Council, Mr. Lorente and Mrs. Elber on the resolution of this situation.
Correspondence
Mayor Maxwell announced that the City applied for and received a Certification of
Excellence award from the Municipal Treasurers' Association of the United States and
Canada for the City's investment policies. Presenting the award to Mr. George Khtaian,
Finance Director, Mayor Maxwell congratulated Mr. Khtaian and the Finance Department.
Ordinance - Confirmina Final Assessment L.I.D. # 203
Mayor Maxwell presented Ordinance # 2372 formalizing action previously taken by Council
confirming the Final Assessment of L.I.D. # 203. Responding to a question from Mrs.
Robinette, the City Attorney, Mr. Steve Mansfield, said adopting of this Assessment Roll
Ordinance will not preclude a future traditional latecomer Ordinance. With that, Mr.
Christiansen moved, seconded by Mr. Jackson, to adopt Ordinance # 2372. Vote: Ayes -
Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried.
Ordinance - Vacatina Portion of "S" Avenue
Mr. Ian Munce, Planning Director, presented Ordinance # 2373 to Council finalizing action
previously taken by Council to vacate the easterly 5 feet of "S" avenue adjacent to Lot 10,
Block 20, Beales Maple Grove Addition. Mr. Christiansen moved, seconded by Mr. Parrish,
that Ordinance # 2373 be approved. Vote: Ayes - Christiansen, Robinette, Rock, Parrish,
Root, Jackson. Motion carried.
Brvice Court Sewerline and Flow Monitoring Stations
Mr. Gordon Bruchner, City Engineer, explained that this project consists of a new sewer
line from the Anaco Beach Road sewer line to the old Bryce Court sewage pump station.
Mr. Bruchner pointed out that two sewage overflow measuring stations are included in this
project, one at the old B Avenue pump station and one at the 4th and M Avenue overflow.
These stations will monitor any flow in the overflow pipe. The measurement of these
flows, if any, is required by the City's EPA discharge permit. Two bids were received and
Mr. Bruchner recommended that the bid be awarded to Beaver Marsh Blacktop, Sedro
Woolley, in the amount of $68,169.25. Mr. Jackson so moved, seconded by Mr. Rock.
Vote: Ayes - Robinette, Rock, Parrish, Root, Jackson, Christiansen. Motion carried.
August 21, 1995 - continued
Voucher Approval
Mr. Parrish moved, seconded by Mr. Root that the following vouchers/warrants audited
and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed
and approved by the Council Finance Committee on August 10, 1995, and August 17,
1995 be approved for payment as of this date, August 21, 1995. Vote: Ayes -
Christiansen, Robinette, Rock, Parrish, Root, Jackson. Motion carried.
Claims Vouchers
Aug, 1995 Warrant Numbers 42447 through 42626 in the total amount of
$292,739.44
Electronic Transfer Funds
Aug, 1995 in the total amount of $5,235.41
Draw Pavroll
Aug, 1995 Warrant Numbers 39140 through 39266 in the total amount of $67,364.00
Business License - City Cab, Inc. dba Yellow Cab of Whatcom/Ska_ait
Mayor Maxwell presented a Business License Application submitted by City Cab, Inc. to
provide taxi service in the City of Anacortes. Police Chief Mike King reported to Council
that background and fingerprint checks have been completed. Ms. Deb Logan, owner,
explained that her company would run one taxi each for the day and night shift and further
explained -the background review of their employees. Mrs. Robinette clarified that no
effort has been made by the City to limit the number of cab companies in Anacortes. Mr.
Root moved, seconded by Mr. Jackson, to approve the Business License Application for
City Cab, Inc. dba Yellow Cab of Whatcom/Skagit. Vote: Ayes - Parrish, Root, Jackson,
Christiansen, Robinette, Rock. Motion carried.
Public Hearina - Conditional Use Application - Salvation Army
Mayor Maxwell opened the Public Hearing on a Conditional Use application submitted by
the Salvation Army for the expansion of their facility at 28th Street and "Q" Avenue. Mr.
Ian Munce, Planning Director, summarized for Council that neighbors within 300 feet have
been notified and a public hearing was held before the Planning Commission and
extensively reviewed by City staff with regard to building layout. He then explained that
the applicant wishes to take down an existing building and replace it with a full scale
facility that will meet the food bank needs that they are presently serving.
Before any testimony was taken, Mrs. Robinette asked about the proposed parking layout
on "Q" Avenue where cars would back out into a narrow right-of-way. Mr. Munce
explained that one of the conditions in the project Findings of Fact and Conclusions of Law
states that the parking shall be developed as required by the City Engineer. Mrs. Robinette
suggested that some of the landscaped area could be used to expand the parking area.
Mr. Marc Estvold, architect for the applicant, discussed parking alternatives, including
angled parking, with the Council. There were no further comments and the Mayor
declared the Public Hearing closed.
Mr. Christiansen while supporting the work done by the Salvation Army, expressed
concern that should commercial development occur to the west of the. site, the "Q"
Avenue right-of-way will be needed by commercial activity. Mr. Munce reported that no
neighborhood concerns had been raised during either the Planning Commission or Council
public hearings on this matter. In response to Council questions about the parking layout,
Mr. Munce highlighted project condition # 7 which requires that access to parking shall be
developed as required by the City Engineer. After discussion, Mr. Parrish moved, seconded
by Mr. Jackson, to approve the Conditional Use Permit subject to the 8 conditions
recommended by the Planning Commission. Vote: Ayes - Root, Jackson, Christiansen,
Robinette, Rock, Parrish. Motion carried.
Public Hearing - Preliminary Plat - Georgia Place - Sargent
Mayor Maxwell opened the Public Hearing on a Preliminary Plat application submitted by
Mr. John Sargent. Mr. Ian Munce, Planning Director, presented an overhead of this project
site and began his summary by providing the procedural background for this project. This
property was platted many years ago without regard for the property's steep terrain.
When ready to develop his property, Mr. Sargent asked for and received a vacation of the
underlying plat and then submitted a 9 -lot short plat with cul-de-sac designed with
modifications to the street design standards. Mr. Munce then reviewed the historical
issues attached to this project, highlighting conditions not resolved, regarding access to
the Clure property. As subdivision administrator, Mr. Munce stated that those conditions
have to be met and are matters of "old business". The Georgia Place 9 -lot short plat was
approved administratively and can not be re -subdivided for 5 years after approval unless
the applicant chooses to further subdivide under the full subdivision/public hearing process.
Mr. Sargent has opted not to wait the five years and has come forward with a 8 -lot
resubdivision of two of the larger original short plat lots for a current total of 15 lots. Mr.
Munce then reviewed the proposed conditions including the in -lieu park payment,
engineering inspection fees, and discussed the staff -proposed condition that a recorded
covenant not to oppose a future L.I.D. be imposed on and recorded with the final
documents for Lots 10-15. Planning Commission discussion on this condition posed the
1177
August 21, 1995 - continued
concern that this conditions doesn't impact the builder or developer but may catch future
purchasers unawares. Condition #10 addresses those concerns and requires that primary
access for Lots 10-15 shall be from Georgia Place and that information shall be set out on
the plat map, thereby recognizing the focus for ingress and egress on Georgia Place.
Condition #14 defines the form the final documents to be executed should take. In
answer to a question from Mrs. Robinette, City Engineer Gordon Bruchner said there is a
stormsewer in West 4th and Erie and the water would be directed to a pipe stormdrain
system in Erie which water eventually is discharged into Guemes Channel. He said that
roof and foundation drains will use that Erie system. He would recommend an
underground pipe system on that steep hillside.
Mrs. Margaret Yeoman, 1620 11th St., said the non -opposition to an L.I.D. creates an
unfair surprise on the later purchaser and so one Planning Commissioner recommended
that whoever builds on the north side of West 4th Street would have to build the full
street. She then asked if the policy of 10% in -lieu payments eliminates green space in the
development itself. In answer to a question from Mr. Parrish, Mr. Munce pointed out that
the original, vacated plat of this area would have provided for development on West 4th
and West 5th Streets; however, due to the steep terrain and site topography the new
Georgia Place road configuration has been designed to complement the terrain and provide
access to all newly configured lots. Mr. Munce referred to Planning Commission testimony
from the neighborhood coalition asking that the payment to go into park improvements in
the neighborhood. Returning to testimony from the audience, Mr. John Sargent, applicant,
reported on discussions held with the adjacent West 4th Street property owner, Mr.
Branko Jurkovich regarding the difficulties of developing West 4th St. Mr. Sargent passed
out copies of the short plat of Georgia Place approved in May of 1990 pointed out access
to the Clure property . Mr. Sargent said he would be willing to pave the lower connection
to Erie when the nearby utilities are in place; these utilities are currently under
construction. Mr. Sargent said that he did not understand why condition # 7 called for a
detention pond since that type of system won't be used. Mrs. Lois Elber, 3813 W. 3rd
St., representing the neighborhood coalition, pointed out areas needing clarification in the
Findings of Fact and Environmental Checklist submitted in the packet of information on this
project, including references to bald eagles, stormwater detention, restriction of
construction hours, park fund payment to be left in the neighborhood, and the
responsibility of the Clure development to share in the road improvement costs, no more
cul-de-sacs, and opposed the L.I.D. restriction. Mrs. Beverly Ann Benedict, 2416 16th St.,
expressed concern over inconsistencies she perceives in development conditions. There
was no new testimony and the Mayor declared the Public Hearing closed.
Mr. Parrish asked for another clarification on future 4th Street development. Mrs.
Robinette said that she understands that code requirements would technically requires that
Mr. Sargent pave 4th or sign a non -remonstrance agreement. The Planning Director
discussed code interpretation regarding projects that front on two streets. Mr.
Christiansen said he was familiar with the area and recommended a site visit and asked
Mrs. Elber to submit her comments in written form so that her questions can be reviewed.
Mrs. Robinette reviewed City policy to earmark in lieu of park funds through the Capital
Facilities Plan mechanism. Mr. Christiansen moved, seconded by Mr. Parrish, to conduct a
site visit on September 5, 1995 at 6:30 p.m. Mayor Maxwell pointed out that the public
hearing has been closed and no further testimony will be taken. Vote: Ayes - Jackson,
Christiansen, Robinette, Rock, Parrish, Root. Motion carried.
Bid Award - Particle Counter - Water Treatment Plant
Mr. Ed Capasso, Water Treatment Plant Supervisor, reviewed an August 14, 1995 memo
from William LaRue, Project Coordinator, WTP, to Mr. Jim Pemberton, Director of Pubic
Works. The memo discussed the bids opened on August 10, 1995 for on-line particle
counters. The on-line particle counters are a significant part of the Filter Media Pilot
Study. Two bids were received and Mr. William LaRue, reviewed the recommended bid
from Chem Trac Systems. Mr. LaRue explained that the low bid was received from Met -
One but did not meet all of the bid specification requirements. Mr. Parrish moved,
seconded by Mr. Jackson, to accept the recommend bid from Chem Trac. Vote: Ayes -
Christiansen, Robinette, Rock, Parrish, Root, Jackson. Motion carried. Mr. Capasso
explained that the particle counters will be transferred to use in the plant when the Pilot
Study is complete.
Ordinance - Establishing Fee for Return Sanitation Services
Mayor Maxwell reported that this item had been removed from the agenda and will be
placed on a Council Study Session agenda.
Site Visit - Georgia Place Preliminary Plat
Mayor Maxwell announced that this meeting will be continued to Tuesday, September 5,
1995 at 6:30 p.m. at West 4th St. and Georgia Place to conduct a site visit. Mrs.
Robinette asked for clarification on the in -lieu of park funds policy. Mr. Christiansen asked
that the Mayor provide a staff position report on this subject.
Continued Meeting of August 21, 1995
On September 5, 1995 at approximately 6:30 p.m., Mayor Maxwell convened the
continued City Council meeting of August 21, 1995. The purpose of the continued
meeting was to conduct a site visit at West 4th Street and Georgia Place in conjunction
with the Georgia Place Preliminary Plat application. Staff member, Jim Pemberton,
Director of Public Works, was present. The site visit included viewing the rock
outcropping on West 4th Street from Georgia Place and from the top of the hill on Mr.
John Sargent's property. No testimony was taken. At approximately 7:10 p.m. Mayor
Maxwell adjourned the meeting.
Geor, �6 Kht ian Cit Clerk -Treasurer
September 5, 1995
H. Dean Maxwell,Vayor
Mayor Maxwell called the meeting of September 5, 1995 to order at approximately 7:45
p.m.
Roll call found present: Ted Parrish, Ray Sizemore, Bill Jackson, Terry Christiansen,
Jeanne Robinette, Bud Rock. Absent: Ben Root. Roll call was followed by the Pledge of
Allegiance to the Flag.
Minutes of Previous Meetinq
Mr. Parrish moved, seconded by Mr. Jackson, to approve the verbatim transcript of the
paragraph including the Public Works Director's statement regarding L.I.D. #203/potential
latecomers agreement on August 7, 1995. This action completes approval of the August
7, 1995 minutes. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish.
Motion carried.
Mr. Jackson moved, seconded by Mr. Rock, that the minutes of August 21, 1995 be
approved as if read. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish,
Sizemore. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, inquired about the pay scale, including low
wage data, for Pacific Circuits.
Correspondence
There was no correspondence.
Decision - Preliminary Plat - Georaia Place
Mayor Maxwell called for Council's decision on the Georgia Place Preliminary Plat. Mrs.
Robinette proposed adding the condition that West 4th Street be paved within the right of
way to serve the properties Mr. Sargent proposes to add to the existing Georgia Place 9 -lot
short plat. Discussion followed regarding the feasibility of cutting and blasting through to
develop West 4th Street. Mrs. Robinette moved to approve the Georgia Place Preliminary
Plat with the modification to condition # 10 - that the roadway be provided at least 26'
wide along the right-of-way of West 4th Street. Motion died for a lack of a second. After
discussion, Mr. Christiansen moved, seconded by Mr. Parrish, to approve the Georgia Place
Preliminary Plat subject to the 14 conditions, recommended by the Planning Commission.
Vote: Ayes - Jackson, Christiansen, Rock, Parrish, Sizemore. Nay - Robinette. Motion
carried.
Consent Agenda
Mr. Parrish moved, seconded by Mr. Jackson, that the following Consent Agenda items be
approved. Vote: Ayes - Christiansen, Robinette, Rock, Parrish, Sizemore, Jackson.
Motion carried.
Voucher Approval
Mr. Parrish moved, seconded by Mr. Rock that the following vouchers/warrants audited
and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed
and approved by the Council Finance Committee on August 24, 1995 and August 31,
1995 be approved for payment as of this date, September 5, 1995. Council vote was
unanimous.
Claims Vouchers
Sep, 1995 Warrant Numbers 42637 through 42778 in the total amount of
$152,310.20
Electronic Transfer Funds
Aug, 1995 in the total amount of $42,832.60
1179
September 5, 1995 - continued
Council approved Findings of Fact and Conclusions of Law on the Salvation Army
Conditional Use Permit.
Council approved Plywood Mill Utility Account write-off in the amount of $11,341.26.
Council adopted Ordinance # 2374 establishing fee for return sanitation services.
Ambulance - Donation to EMS Council
Mr. Rock moved, seconded by Mr. Jackson, that the ambulance now being taken out of
service be donated to the Skagit EMS Council. Vote: Ayes - Robinette, Rock, Parrish,
Sizemore, Jackson, Christiansen. Motion carried.
Approval of Meter Reading Services Contract
Mayor Maxwell presented the Meter Reading Services Contract between the City of
Anacortes and Puget Sound Power and Light for the reading of water, sewer and fire line
meters. This Contract was previously reviewed by Council in Study Session. Councilmen
Rock and Parrish expressed concern for the long-time City employee whose union position
would be adversely affected by this Contract. Mr. Parrish moved, seconded by Mr.
Jackson, that the Contract between the City of Anacortes and Puget Sound Power and
Light be approved. Vote: Ayes - Rock, Parrish, Sizemore, Jackson, Christiansen,
Robinette. Motion carried.
Copper Pond: Off-site Road Improvements Schedulinq
Planning Director, Ian Munce, presented this item to Council. Mr. Munce explained that
the deadline for Copper Pond installation of off-site road improvements was extended to
September 15, 1995. The extension was approved so that the Council could work jointly
with the Port and the property owner to discuss comprehensive, joint Anacopper Road
improvements. The Council formed a sub -committee to study this issue and Council voted
to extend the time period for the completion of the off-site road improvements for 90 -days.
The Council sub -committee has met with the Port and Ron Woolworth and negotiations are
underway. After discussion, Mr. Parrish moved, seconded by Mr. Sizemore, to extend the
deadline for off-site improvements for 30 days to October 15, 1995. Vote: Ayes -
Parrish, Sizemore, Jackson, Christiansen, Rock. Nay - Robinette. Motion carried.
Dakota Creek Industries: New Facilitv Height - Between 4th-6th/R-S Ave
Planning Director, Ian Munce, reported that the Planning Commission held a Special
Meeting earlier in the evening to discuss and review a request by Dakota Creek Industries
to build a 30,000 square foot, 50' high building between 4th and 6th Streets and "R" and
"S" Avenues. Mr. Munce reviewed the Commercial Marine zone purpose and permitted
uses. He also explained that the height restriction in this zone is 35' but this height can be
exceeded by vote of the Council with an affirmative recommendation of the Planning
Commission. During the Special Meeting public testimony was taken and the proponent
described the proposed project. At the conclusion of the Special Meeting the Commission
voted unanimously to recommend approval of the 50' height subject to the conditions that
non -reflective roof material be used, and that the fewest number of existing trees be
removed and the maximum amount of new trees be planted. Mr. Munce then introduced
Mr. Bob Gudmundson, Dakota Creek. Mr. Gudmundson explained that Dakota Creek had
been selected to negotiate a contract with the City of Vallejo, California, to deliver a vessel
to the City of Vallejo within 13 months. Mr. Gudmundson displayed a drawing of the
catamaran vessel. The building needed to build this vessel could be used in the future for
other similar types of construction and repair. This building will contain dust, noise, and
other potential disturbances to the environment.
Mayor Maxwell then asked if any members of the audience wished to comment on this
proposal. Mr. Bob Hawkins, 4210 Bryce Drive, discussed Light Manufacturing versus
Commercial Marine zone descriptions. Mr. Nick Petrish, 1907 9th Street, said that this
building would impact the whole area including adjacent residences and cultural facilities
and asked if other sites had been explored. Mr. Tommy Thompson, 387 Campbell Lake
Road, said that the lack of an up-to-date Port Comprehensive Plan makes planning in this
area difficult. Mrs. Beverly Ann Benedict, 2414 16th St., asked about wages and
employment of local people. Mr. Bill Wooding thanked the Planning Commission and
Council for addressing this issue in an expedient fashion. Mr. Andy Mayer, Chamber of
Commercial Manager, spoke in favor of the project. Mrs. Cathy Dorotich, 815 6th Street,
said that this building will negatively impact the homes in this area. Mr. Eddy Reed, 807
6th Street, asked if the building could be located north of 4th Street. Mr. John
Killingsworth, 2404 Highland Drive, Health and safety Manager for Dakota Creek, spoke in
favor of the project. The Mayor then closed the public testimony.
Mr. Dick Nelson, co-owner of Dakota Creek then answered questions from the Council
regarding future contracts, access to the building, color and landscaping of the building,
wages of employees, and number of shifts and potential discussions with the Port and
Dakota Creek to use 6th Street access from the east and economic development for the
September 5, 1995 - continued
community. After discussion, Mr. Jackson moved, seconded by Mr. Sizemore, to approve
the 50' building height subject to the conditions recommended by the Planning
Commission. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish.
Motion carried.
At approximately 9:50 p.m., Mayor Maxwell announced that this meeting will be continued
to Monday, September 11, 1995 at 7:00 p.m. to conduct an Executive Session.
1181
September 18, 1995
Mayor Maxwell called the meeting of September 18, 1995 to order at 7:30 p.m.
The Mayor then reported that the continued meeting of September 5, 1995 was called to
order at 7:00 p.m. The Council convened in Executive Session to discuss health care
benefits. At approximately 7:25 p.m., the Council reconvened and without taking any
further action, the September 5, 1995 meeting was adjourned.
Roll call found present: Ted Parrish, Ben Root, Ray Sizemore, Bill Jackson, Terry
Christiansen, Jeanne Robinette. Absent: 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, to approve the minutes of September
5, 1995 with the following corrections: Mr. Root was present at the Georgia Place site
visit and the second to the motion regarding voucher approval was made Mr. Rock. Vote:
Ayes -- Sizemore, Jackson, Christiansen, Robinette, Parrish. Abstain: Root. Motion
carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, expressed concern that neighborhoods will
have to hire attorneys and civil engineers when faced with development projects, and
concern that adequate notice be given to affected neighborhoods on development projects.
Mr. Malcolm Lorente, 3820 W. 4th Street, referred to a matter he brought to the Council's
attention in August regarding a citizen living on undeveloped property while preparing the
site for construction. Mr. Lorente investigated the ownership of the property and reported
that the person living on the property was not the owner. Mrs. Robinette asked that a
copy of the City's policy regarding this matter be made available.
Correspondence
There was no correspondence.
Consideration of Acceptina "D" Avenue Waterline Replacement
Mr. Gordon Bruchner, City Engineer, reported that the "D" Avenue waterline replacement
is in service and has been successfully tested. Staff recommends Council accept the
project as complete. In so doing, the 30 -day lien notification period will begin and if no
liens are filed, retainage monies now held will be released to the contractor. Mr. Sizemore
so moved, seconded by Mr. Jackson. Vote: Ayes - Sizemore, Jackson, Christiansen,
Robinette, Parrish, Root. Motion carried.
Consideration of Acceptina 1995 Ovedav and Chia/Seal Proiect
Mr. Gordon Bruchner, City Engineer, reported that this project is not complete. The Mayor
removed this item from the agenda.
Consent Agenda
Mr. Root moved, seconded by Mr. Sizemore, that the following Consent Agenda items be
approved. Vote: Ayes - Jackson, Christiansen, Robinette, Parrish, Root, 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 7, 1995 and September 14, 1995 be approved for payment as
of this date, September 18, 1995. Council vote was unanimous.
Claims Vouchers
Sep, 1995 Warrant Numbers 42780 through 42889 in the total amount of
$143,133.17
Prewritten Claims
Aug, 1995 Warrant Numbers 42442 through 42446 and 42627 in the total amount of
$12,706.26
Electronic Transfer Funds
Sep, 1995 in the total amount of $7,180.26
Payroll
Aug, 1995 Warrant Numbers 39267 through 39506 in the total amount of
$397,706.29
Benefit Pavroll
Aug, 1995 Warrant Numbers 42628 through 42633 in the total amount of
$135,379.11
Council approved Resolution No. 1377 setting October 16, 1995 as the Public Hearing
date on a Petition to vacate a portion of "L" Avenue.
September 18, 1995 - continued
Findings of Fact - Georgia Place Preliminary Plat
Mrs. Robinette requested that this item be removed from the Consent Agenda. Mrs.
Robinette stated that the findings for the Georgia Place Preliminary Plat are inaccurate with
the statement that this plat is within the street standards. In response, Mr. Munce,
Planning Director, explained that the City Council previously approved a modification to the
street development standards on the Sargent Short Plat. That Short Plat is the underlying
plat for the Georgia Place project. With that, Mr. Parrish moved, seconded by Mr.
Sizemore, to adopt the Findings of Fact and Conclusions of Law for the Georgia Place
Preliminary Plat. Vote: Ayes - Christiansen, Parrish, Root, Sizemore, Jackson. Nay -
Robinette. Motion carried.
Electrical Feed Modification - Water Treatment Plant
Mr. Jim Pemberton, Director of Public Works, presented a recommendation to Council to
accept quotations from Seven Sisters in the amount of $83,426.00 for the Water
Treatment Plant Electrical Feed System Modification Project (transformer installation, auto
transformer upgrade and lightning arrestor installation). As part of the background review,
Mr. Pemberton referred to a September 7, 1995, detailed memo from Mr. John Moore,
Project Coordinator, Water Treatment Plant. Mrs. Robinette thanked staff for the close
monitoring of the project budget. After discussion, Mr. Jackson moved, seconded by Mr.
Christiansen, to award the Electrical Feed System Modification Project to Seven Sisters.
Vote: Ayes - Robinette, Parrish, Root, Sizemore, Jackson, Christiansen. Motion carried.
Referral of Residential Height Limit to Planninq Commission
Mayor Maxwell presented a Study Session item previously discussed by the Council -
height restrictions in the residential zones. As a result of that discussion, a proposal was
brought before Council to write to the Planning Commission to investigate the merits of
changing the height limit in the residential zones from 35' to 25'. Before discussion on
this proposal, Mrs. Robinette moved to delay consideration of this issue until after the
November elections. Motion died for a lack of a second. On a question from Mrs.
Robinette, Mr. Parrish clarified that this item would be reviewed during the annual Planning
Commission zoning code review, and on a question from Mr. Root, Mr. Parrish clarified
that the purpose of this request is to address concerns expressed by citizens. After
discussion, Mr. Jackson moved, seconded by Mr. Parrish that, pursuant to Chapter
17.14.030 of the City Zoning Ordinance regarding "Initiation of Procedures", that the City
Council write to the Planning Commission directing that the Planning Commission
"investigate the merits" of the following proposed change and report its findings to the
City Council as part of its annual review of the Zoning Ordinance: Changing the height
limit in the R1-3 zones from 35' to 25' with a provision for increasing this base height to
35' under certain circumstances. Vote: Ayes - Parrish, Root, Sizemore, Jackson,
Christiansen, Robinette. Motion carried.
Public Hearing - Vacation of Portion of Illinois Avenue
Mayor Maxwell opened the Public Hearing on a Petition submitted by Jewel Decker and
David Preston to vacate that portion of Illinois Avenue abutting Lot 1, Block 910, Northern
Pacific Addition. Mr. Jim Pemberton, Director of Public Works, provided an overhead
drawing showing the right-of-way to be vacated. The purpose of this street vacation is to
provide a neighborhood park. The Board of Adjustment recommends approval of the
vacation except for the westerly 20 feet of the right of way to be used as access.
Mrs. Lois Elber, 3813 W. 3rd St., representing the neighborhood coalition, presented the
coalition's opinion on the current use of the Decker garage and recommended an easement
bordering the forestlands to the east and recommended that if the easement is granted for
access to the Decker garage that the fee for this 20' easement not be waived. Mrs. Erin
Vanderway, 3911 Sterling Place, spoke in favor of the vacation and play area for the
neighborhood children. Mr. Peyton Kane, 3405 W. 5th St., said that he understood that
the intended use of the structure at the Decker's property was as a garage and he would
prefer alley right-of-way along the west side of the proposed vacation. There were no
further comments and the Mayor declared the Public Hearing closed.
Mr. Pemberton discussed the transfer of ownership details. After discussion, Mr. Root
moved, seconded by Mr. Jackson, to vacate Illinois Avenue abutting Lot 1, Block 910,
Northern Pacific Addition, excepting the easterly 20' feet, that the abutting property owner
Quit Claim the property back to the City and that the fee be waived. Vote: Ayes - Root,
Sizemore, Jackson, Christiansen, Robinette, Parrish. Motion carried.
Public Hearina - Letter of Intent - Anacoaver Road
Mr. Ian Munce, Planning Director, presented the history of Anacopper Mine Road
development including safety and substandard street issues. He reported that the Port and
Council have met in open, public meetings at the request of the public to discuss a
comprehensive Anacopper Mine Road development plan. The Port and City have reached a
tentative accord on a joint public/public/private package that could lead to Anacopper Mine
1183
September 18, 1995 - continued
Road upgrading and would allow the Port to continue to consider airport development
issues separately from Anacopper Mine Road development. Councilman Parrish, the City's
representative at these meetings, explained that the Letter of Intent before Council
precedes a detailed Interlocal Agreement.
The Mayor then opened up the meeting to public comment. Mr. Bob Hawkins, 4210 Bryce
Drive, requested a copy of the Letter of Intent. Mrs. Lois Elber, 3813 W. 3rd St.,
representing the neighborhood coalition, enumerated the benefits of this agreement for the
City , the developer and the Port; she then suggested that citizens would not benefit as
much. Mayor Maxwell emphasized that the Kingsway connection is a development project
for the future. Mr. Parrish thanked Port Commissioner Barcott in particular for participating
in this joint cooperative effort. Mr. Bob Hawkins, 4210 Bryce Drive, spoke against the
road upgrade, a Kingsway connection, against the cooperative Port/City process and said
that this route is not on the urgent list for improvements. Mr. Malcolm Lorente, 3820 W.
4th St., suggested that the developer be asked to make more of a financial contribution to
the road upgrade. Mrs. Beverly Ann Benedict, 2414 16th St., reviewed last week's Port
meeting and encouraged Council and Mayor to be responsive to public concerns. Mr. Bob
Geyer, 4413 Kingsway, announced there is a newly -formed Skyline coalition, and a survey
conducted by the coalition suggests that other roads may need improvements more
urgently than Anacopper Mine Road. He then discussed traffic safety issues. There were
no further comments and the Mayor declared the Public Hearing closed.
Mrs. Robinette asked for clarification on a number of items in the Letter of Intent. The
Planning Director explained that the Interlocal Agreement would, in detail, address specific
issues raised by Council, but that the Letter before Council now is intended to state
general intent. Mr. Parrish moved, seconded by Mr. Jackson, to direct staff to continue
discussions with the Port to develop an Interlocal Agreement with the Port of Anacortes
for the development of Anacopper Mine Road. Vote: Ayes - Sizemore, Jackson,
Christiansen, Robinette, Parrish, Root. Motion carried.
Public Hearina - Update Capital Facilities Plan - Ordinance
Mayor Maxwell opened the Public Hearing on an amendment to the City of Anacortes
Capital Facilities Plan for the six year period 1996-2001 to reflect a phased approach to
sewer extension to the southern portion of the City's Urban Growth Area (UGA). Mr. Ian
Munce, Planning Director, explained that this amendment would bring the City a step
closer to dialogue with the property owners regarding annexation. In addition to phasing
sewer service, Mr. Munce explained that this amendment would drop the Local
Improvement District (LID) approach, fund 1 /3rd of the Phase I sewer service cost from
UGA sales tax revenue, 1/3 from the real estate excise tax, and 1 /3rd of the Phase I sewer
service cost from hookup fees. Mr. George Khtaian, Finance Director, presented a cost
analysis for the proposed annexation of the Urban Growth Area/South March Point and
capital costs, and included a report on funding sources and annual operations and
maintenance costs for sewer service to the City's UGA. After discussion, Mr. Root
moved, seconded by Mr. Sizemore, to adopt entitled "An Ordinance Amending the Capital
Facilities Plan for the Six Year Period 1996-2001 ", with 2/3rds of the funding coming from
UGA sales tax revenue and 1/3 from hookup fees. Vote: Ayes - Jackson, Christiansen,
Robinette, Parrish, Root, Sizemore. Motion carried.
At approximately 10:00 p.m. Mayor Maxwell announced that the September 18, 1995
meeting would be continued to 7:00 p.m., Monday, September 25, 1995 in order to
conduct an Executive Session to discuss health care contract matters.
Continued Meeting of September 18, 1995
On the evening of September 25, 1995, at 7:00 p.m., Mayor Maxwell called the continued
meeting of September 18, 1995 to order. The Mayor and Council then convened in
Executive Session to discuss labor negotiations. Human Resource Director, Mrs. Sharon
Stahl was present at the Executive Session. Councilman Ray Sizemore was absent. At
approximately 7:30 p.m. the Council reconvened and without taking any further action, the
meeting of September 18, 1995 was adjourned. The Council then met in its regularly
scheduled September 25, 1995 Study Session.
October 2, 1995
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
Mr. Parrish moved, seconded by Mr. Jackson, that the minutes of September 18, 1995 be
approved with the following changes: page 1, paragraph 6, 1st sentence shall read: Mr.
Malcolm Lorente, 3820 W. 4th Street, referred to a matter he brought to the Council's
attention in August regarding a citizen living on undeveloped property." and page 3,
paragraph 2 shall read, "...westerly 20', that....". Vote: Ayes - Root, Sizemore, Jackson,
Christiansen, Robinette, Parrish. Abstain: Rock. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, volunteered to serve on the economic
development task force as a representative of the taxpayer, protested the 5.25/copy
reproduction costs, and reminded Council that the City will be reviewing the utility rate
structure for "snowbird" ratepayers.
Mt. Jerry Titus, 13th Street, expressed concern over the increased incidents of theft and
vandalism in his neighborhood. He suggested consideration of a curfew. Mayor Maxwell
said that the City will be considering a parental responsibility Ordinance. The Mayor also
highlighted the effectiveness of neighborhood auxiliary patrols.
Correspondence
Mayor Maxwell requested that there be a Council member available to review proposals for
the "D" Avenue improvement project.
Consent Agenda
Mr. Christiansen moved, seconded by Mr. Rock, that the following Consent Agenda items
be approved. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish,
Root. 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 21, 1995 and September 28, 1995 be approved for payment as
of this date, October 2, 1995.
Claims Vouchers
Oct, 1995 Warrant Numbers 42936 through 43109 in the total amout of $378,024.28
Draw Pavroll
Sep, 1995 Warrant Numbers 2 through 133 in the total amount of $69,859.00
Council approved Ordinance No. 2376 naming a street located within the plat of
Creekside, Division 1.
Council removed the Ordinance vacating portion of Illinois Avenue from the agenda.
Latecomers Agreement - K/int/Maieres Sewer Extension
Mr. Jim Pemberton, Director of Public Works, introduced this item to the Council and
audience. An application has been made by Mr. Dale Klint and Mr. Brian Majeres for a
Latecomer's Agreement for the previously -approved extension of a sanitary sewer collector
in the alley between Oakes Avenue and West 2nd and Georgia Avenue and Hartford
Avenue. Staff recommends that each of the potential building sites affected by this utility
extension be assessed $3,450. Affected property owners have waived their right to a
hearing. Mr. Jackson moved, seconded by Mr. Sizemore, to approve the Klint/Majeres
Sewer Extension Latecomers Agreement. Vote: Ayes - Jackson, Christiansen, Robinette,
Rock, Parrish, Root, Sizemore. Motion carried.
1185
October 2, 1995 - continued
Public Hearin - A//knicht's Addition - Pre/iminary Plat
Mayor Maxwell opened the Public Hearing on a Preliminary Plat application submitted by
Mr. Tom Allen and Mr. Pat Knight to develop a 5 -lot subdivision located on approximately
1.03 acres between "G" and "H" avenues in the vicinity of 13th Street. Mr. Ian Munce,
Planning Director, then stepped forward and presented a series of overhead displays
showing the development of this property from acreage, two lot -short plat, boundary line
adjustment to the short plat, to a re -division of the short plat into a 5 -lot subdivision. The
Planning Commission reviewed this plat application at a public hearing and at the
conclusion of the public hearing unanimously recommended approval subject to 19
conditions outlined in the Findings of Fact and Conclusions of Law. Exhibit E, an August
18, 1995 letter from Jeanne Robinette was submitted to the Planning Commission. The
letter requested that an alternative circulation plan for this project be discussed. Mr.
Munce pointed out that the three residential units on the property foreclosed the option of
development of a through 13th Street. The Mayor then opened the hearing to public
comment.
Mr. Dick Dildine, 1211 6th Street, spoke against approval of the project without requiring
that 13th Street be opened up. Mr. Ernie Brooks, 1209 "G" Avenue, discussed the traffic
problems in this area. There were no further comments and the Mayor declared the Public
Hearing closed. Mrs. Robinette clarified that her August letter was an attempt to
encourage planning of this project to include the same density together with a 13th street
connection designed either by adjusting the parcel size through the PUD process or through
design standard modifications. Mr. Munce explained that the short plat and boundary line
adjustment requests met all City standards for approval; the 5 -lot Allknight subdivision, as
presented, also meets the City's access requirements. Mrs. Robinette said, as presented
the project does not meet Comprehensive Plan requirement Transportation Goal 3(c),
"routes for through traffic where practical." After discussion, Mr. Rock moved, seconded
by Mr. Parrish, that decision on this matter be tabled for two weeks to allow staff and
applicants to discuss design alternatives. Vote: Ayes - Christiansen, Robinette, Rock,
Parrish, Root, Sizemore, Jackson. Motion carried.
Public Hearin -Marine Heiahts Pre/iminary Plat
Mayor Maxwell opened the Public Hearing on the 49 -lot Marine Heights Preliminary Plat
application submitted by Charger, Inc. Councilman Christiansen, on advice of the City
Attorney, stepped down from deliberation on this matter. Mr. Ian Munce, Planning
Director, then reviewed the history of the preliminary plat application. When this
application was first before the Planning Commission and Council the outstanding issues
were the steep site and stormwater runoff. Proposed solutions to the stormwater issue,
including a 48" tight line to the bay, were presented. However, because of the potential
general liability to the community due to the characteristics of this site, the matter was
remanded back to the Planning Commission for further review. The revised Marine Heights
proposal now before Council is, in summary, close to the original proposal. An additional
detention pond has been added to meet stormwater design standards. The City Engineer
has concluded that this stormwater detention design will work for this site, but also
recommended that the applicant maintain this fairly complex detention system. Design
issues including the existing wetlands, significant trees, the 30' buffer strip, the controlled
access point to forestlands and the trees at the entryway were also discussed. The
Planning Commission recommends approval of this project together with 49 project
conditions including the condition that this project be phased. The Planning Commission
minority report from Commissioners Leming and Gere recommended a Marine Heights
Environmental Impact Statement. Mrs. Robinette asked if the logging and clearing would
be phased as well. Mr. Munce pointed out that clarification on that issue would come
from Council deliberation.
The Mayor then invited comments from the audience. Mr. John Leonard, engineer for
Marine Heights, reviewed the modifications to the original Marine Heights preliminary plat
application: reduction of grade of main access road, reduction of number of lots, addition
of a detention pond. Through a series of overhead displays, Mr. Leonard then reviewed
the impact of this project on the Clyde River Basin drainage system and reviewed the
upgrading of the system to enhance safety factors. Mr. Darrell Mitsunaga, attorney for
Marine Heights, 3600 Columbia Center, Seattle, then reviewed the project conditions, first
pointing out that the project model now before Council reflects extensive analysis
conducted on the storm drainage system for this project. He then reviewed the conditions
that the proponent still has an issue with: accept Condition # 5 with the caveat that the
installation of a standy emergency generator for the LID 203 pump station will be done if it
is deemed necessary by the City; Condition # 28 - holding the Tyler Circle street
improvement fund for two years rather than for ten; Condition # 39 - performance bond,
up to two years after final plat approval; Conditions 37, 38 and 39, surety, cash letter of
credit; accept condition # 40; Condition # 41 - homeowner's covenants to be approved by
Public Works or Planning Director rather than having to come back before the Planning
Commission; Conditions 7(e), 42, and 43 - phasing was not raised as an issue by either
staff or engineers and offered, in lieu of phasing, that no clearing or construction following
final plat approval will be conducted on Lots 1, 2, 3 and 8, 9 and 10.
October 2, 1995 - continued
Mr. Jim Macy, 4501 Anaco Beach Road, said the Clyde River Basin drainage issue has not
been addressed. Mr. Walter Vendetti, 4525 Anaco Beach Road, stressed the importance
of the lift station generator, investigating a letter of credit, and logging trucks travel south
from the site. Mr. Charles Russell, 4322 Tyler Way, distributed a copy of a letter and
petition previously submitted opposing the extension of Tyler Way. He then suggested
deletion of Condition # 28, and suggested that the proponent chip rather than burn during
clearing. Mr. John Miller, 1102 7th Street, spoke in favor of phasing and expressed
concern for property located downslope during the initial clearing phase. Mr. Bob
Hawkins, 4210 Bryce Drive, cautioned that if a developer is allowed to denude a steep
hillside downslope property is at risk. Mrs. Beverly Ann Benedict, 2414 16th St.,
suggested that fines be imposed if conditions aren't met and asked that neighborhood
concerns be addressed by Council. Mr. Todd Kirkpatrick, 4305 Marine Drive, expressed
concern that if the detention pond fails his property could be jeopardized and concern over
maintenance of the pond; suggested dividing the project into phases. In answer to a
question from Mrs. Robinette, Mr. Steve Mansfield, City Attorney, explained that when the
Council imposes a condition on a plat, there needs to be some basis for that action either
expert testimony or from some credible evidence. Mr. Joe Hansen, 4425 Anaco Beach
Road, expressed concern that a homeowners association would not, in the long term,
maintain the detention ponds and asked that the City maintain responsibility for the
detention system. Mr. Dick Threet, 2801 17th Street, discussed rates of runoff
calculations and runoff conditions during storms that occur in sequence. Mr. Bob
Hawkins, 4210 Bryce Drive, discussed testimony given at the Planning Commission
regarding phasing. Mr. John Leonard pointed out that the logging plan is associated with
an erosion control plan and clarified that a clear-cut is not planned. Mr. Dick Threet, 2801
17th Street, said that the detention pond size was calculated as though the hillside were
developed and that actual conditions after clearing may alter those calculations. Mr. Todd
Kirkpatrick, 4305 Marine Drive, emphasized that the detention pond system will not work
without proper maintenance. There were no further comments and the Mayor declared the
Public Hearing closed.
After a brief discussion, Mr. Rock moved, seconded by Mr. Jackson, that this matter be
tabled to October 16, 1995. At that time the Council will discuss the issues raised during
the Public Hearing. The Mayor reminded the Council and audience that the Public Hearing
has been closed and no new testimony will be taken. Vote: Ayes - Robinette, Rock,
Parrish, Root, Sizemore, Jackson. Motion carried.
Mr. Christiansen returned to the Council Chambers.
Bid Award - Waterline Replacements
Mr. Jim Pemberton, Director of Public Works, reported to Council that bids were opened
for the replacement of approximately 610' of waterline between 21st and 22nd Streets
and for approximately 226' of waterline on 14th Street between Commercial and ""0"
Avenue. The low bid was received from Dirt Specialists of Graham, Washington in the
amount of $30,356.00. Staff recommendation is to award the bid to Dirt Specialists. Mr.
Sizemore so moved, seconded by Mr. Jackson. Vote: Ayes - Rock, Parrish, Root,
Sizemore, Jackson, Christiansen, Robinette. Motion carried.
Bid A ward - "R " A venue Structures
Mr. Jim Pemberton, Director of Public Works, reported to Council that no bids were
received for the two "R" Avenue structures acquired for the "R" Avenue project.
Resolution - 1996 Preliminary Propertv Tax Levv
Mr. Root moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution
Authorizing Preliminary Property Tax Levy Estimates to be Submitted to Skagit County
Commissioners", be adopted and given Resolution No. 1378. Vote: Ayes - Parrish, Root,
Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried.
Buddet Amendment/Contract Authorization MJB Rezone EIS: Ordinance
Mr. Ian Munce, Planning Director, reviewed the City policy, established by Ordinance,
requires that the City, rather than a project proponent, shall conduct the hiring of a
consultant to prepare an Environmental Impact Statement (EIS). The City then develops a
Scope of Work and requests proposals. A review committee interviewed three firms and
the committee recommendation is to award the contract to HDR for the preparation of an
EIS for the MBJ Rezone proposal. Part of the scope of work will be to study the impact of
this proposal on the retail core. Mr. Christiansen asked if the contractors have worked for
MJB in the past and asked for a brief history of similar work done. Mr. Sizemore moved,
seconded by Mr. Root, that Ordinance No. 2377 amending the 1995 Budget to reflect a
$30,000 expenditure for the Environmental Impact Statement Charges for MJB. Vote:
Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
At approximately 10:40 p.m., Mayor Maxwell announced that the October 2, 1995
meeting would be continued to Monday, October 9, 1995, 7:00 p.m., in order to conduct
an Executive Session to discuss labor negotiations.
1187
Continued Meeting of October 2, 1995
On the evening of October 9, 1995, at 7:00 p.m., Mayor Maxwell called the continued
meeting of October 2, 1995 to order. The Mayor and Council then convened in Executive
Session to discuss labor negotiations. Human Resource Director, Mrs. Sharon Stahl, Police
Chief, Mr. Mike King, and City Attorney, Mr. Steve Mansfield, were present at the
Executive Session. Councilman Ben Root was absent. At approximately 7:30 p.m. the
Council reconvened and without taking any further action, the meeting of October 2, 1995
was adjourned. The Council then met in its regularly scheduled October 9, 1995 Study
Session.
AXeor e Khtaian, City Clerk -Treasurer
City Council Minutes - October 16, 1995
V
H. Dean Maxell, Mayor
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 Meetinq
Mr. Jackson moved, seconded by Mr. Sizemore, that the minutes of October 2, 1995 be
approved with the following change: page 2, paragraph 3, add 5th sentence, "Mrs.
Robinette said as presented the project does not meet Comprehensive Plan requirement
Transportation Goal 3(c) 'routes for through traffic where practical'." Vote: Ayes - Root,
Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
Citizen Hearings
Mrs. Beverly Ann Benedict, 2414 16th Street, inquired into the status of school district
impact fees.
Representing a neighborhood coalition, Mrs. Lois Elber discussed the current City
maintenance plan for detention ponds in her area. While appreciating the City's efforts to
improve the conditions of the ponds, Mrs. Elber suggested that improvements to the
stormwater detention system should be addressed at the Council rather than at the
maintenance level. Mrs. Robinette asked that the Mrs. Elber submit the coalition's
concerns in writing so that the issues can be specifically addressed.
Correspondence
Mayor Maxwell announced that there will be a United Nations 50th anniversary celebration
at the Depot Arts Center on October 21, 1995 at 2:00 p.m.
The Mayor also announced that there will be an open house at the Water Treatment Plant
from 8:00 a.m. to 8:00 p.m. on Tuesday, October 24, 1995. The Open House will be part
of the activities for Flood Awareness Week sponsored by Skagit County.
A//knight's Preliminary Plat and Marine Heiohts Preliminary Plat
Mayor Maxwell explained that after the public hearings, Council delayed action on both the
Allknight's and Marine Heights Preliminary Plat applications for further Council deliberation.
Allkniaht's Preliminary Plat
Mr. Ian Munce, Planning Director, said that the decision on this plat was postponed so that
staff could respond to the Comprehensive Plan traffic issue raised by Mrs. Robinette and
Council. Mr. Munce reported that staff has met with the applicant. Issues of site
constraints and permanent access through the parking lot have been discussed. No
solution has been reached.
Marine Heiahts Preliminary Plat
Mr. Christiansen excused himself from discussion on this matter. Mr. Ian Munce, Planning
Director, reviewed the outstanding issues including phasing as recommended by the
Planning Commission, support from neighbors on phasing, deliberation and
recommendation. Mrs. Robinette first asked for clarification on cul -se -sac length
standards. Mrs. Robinette Mayor Maxwell then chose the following discussion format:
referring to an October 8, 1995 letter from Mrs. Robinette outlining her project condition
modifications, Mayor Maxwell addressed each of the modifications called out. At the
same time he also encouraged other Councilmembers to add any condition modifications
they may have. Mrs. Robinette explained that the purpose of her letter was to address the
Planning Commission concern that the project be completed as conditioned. Mrs.
Robinette suggested language changes that would tighten the conditions and remove the
three-phase requirement. Mrs. Robinette proposed that the project be divided into two
phases but to eliminate further Planning Commission phase approval and to ensure that
1 1�
October 16, 1995 - continued
staff would monitor code compliance. She then proposed amendments to conditions 1, 5,
7, 7(c), (e) and (f), 13, 20, 28, 29, 33, 38, 39, 40, 43 and 44. Councilmembers
discussed the emergency generator for the water pump east of Lot 7, shared liability for
the maintenance as well as design of the stormwater system, stormwater system design
by a geotechnical engineer, density of the project, surety bond, no logging or construction
on lots 1-11 for two years from final plat approval, and access to property on the north.
Mr. Sizemore expressed concern that the project is too dense for the site. The Mayor then
directed that the Council's comments be incorporated into amended conclusions to be
brought back before the Council at the next Council meeting. At the conclusion of the
discussion Mr. Christiansen returned to the Council Chambers.
Consideration of Accepting San Juan Hill Waterline
Mr. Gordon Bruchner, City Engineer, reported to Council that the replacement of the 24"
waterline from Sharpes Corner to near Whistle Lake Road is complete, has been tested and
is in service. The contractor for the project was Tomasko Brothers, Inc. Mr. Root moved,
seconded by Mr. Parrish, that the project be accepted as complete, that the 30 -day lien
notice be published and that retainage be paid to the Contractor if no liens are filed. Vote:
Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried.
Consent Agenda
Mr. Parrish moved, seconded by Mr. Rock, that the following Consent Agenda items be
approved. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root.
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 5, 1995 and October 12, 1995 be approved for payment as of this
date, October 16, 1995.
Claims Vouchers
Oct, 1995 Warrant Numbers 43137 through 43286 in the total amount of
$266,815.29
Prewritten Claims
Sep, 1995 Warrant Numbers 42634-42636, 42779, 42890-42891 in the total amount
of $6,327.43
Payroll
Sep, 1995 Warrant Numbers 134 through 367 in the total amount of $502,301.60
Benefit Pavroll
Sep, 1995 Warrant Numbers 43112 through 43114 in the total amount of $16,745.82
Council approved Ordinance No. 2378 vacating a portion of Illinois Avenue abutting Lot 1,
Block 910, Northern Pacific Addition
Council approved Ordinance No. 2379 amending Ordinance No. 2371 to correct the legal
description vacating a portion of Shelby Court, Plat of Parkside
Council canceled claim warrant number 36693 in the amount of $22.25
Council removed the Resolution - Water Rate Contract Amendment (PUD) from the
consent agenda
Resolution - Water Rate Contract Amendment (PUD)
Mr. Christiansen requested that this item be removed from the Consent Agenda . Because
the Skagit County PUD water contract has an increased committed water volume, Mr.
Christiansen asked for detailed information regarding committed contract capacity, gallons
committed versus actual capacity. Mr. Jim Pemberton, Director of Public Works, provided
that information. Mr. Jackson moved, seconded by Mr. Christiansen, that Resolution No.
1379 entitled "A Resolution Authorizing Execution of an Amendment to Water Contract,
by and between the City of Anacortes and PUD # 1 of Skagit County." be adopted. Vote:
Ayes - Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried.
Public Hearing - Vacation Petition - Miner Portion of "L "Avenue
Mayor Maxwell opened the Public Hearing on a Petition to vacate the westerly 30' of "L"
Avenue abutting Lot 1, Block 1, Stewart and Hagadorn's Addition. The petitioner is Mr.
Dan Miner. Mr. Jim Pemberton, Director of Public Works, using an overhead display,
reviewed the site location and discussed the two to one Board of Adjustment vote
recommending approval of the vacation. Councilmembers discussed access issues should
the vacation be granted.
Ms. Geraldine Jackson, 33rd and "L" Avenue, said she would support a 15' vacation not
the full 30' requested. Mr. Dan Miner, 1308 34th Street, said that the two homes he
1189
October 16, 1995 - continued
proposes to build on this site would front on 34th Street. Mr. Miner also said that the
existing structure on the site would be torn down. There were no further comments and
the Mayor declared the Public Hearing closed. In answer to questions from Council, Mr.
Pemberton described the existing traffic pattern in this area. Mrs. Robinette asked if there
was a street system plan for this area. After discussion, Mrs. Robinette moved that the
Petition be denied until a street system design for this area is available. She also
volunteered to serve on a committee to study this issue. Mr. Jackson seconded the
motion. Vote: Ayes - Robinette, Rock, Jackson. Nays - Parrish, Root, Sizemore,
Christiansen. Motion failed. Mr. Ian Munce, Planning Director, pointed out that the work
necessary to develop a City-wide street plan is beyond current resources and short-term
relief in this area may not be available. Mr. Christiansen moved, seconded by Mr.
Sizemore, to table this matter to the November 6, 1995 Council meeting. Vote: Ayes -
Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried.
Public Hearin -Comp Plan/Zoninq Ordinance/Subdivision Ordinance Amendments 1995
Mayor Maxwell opened the Public Hearing on the annual review and update on the City of
Anacortes Comprehensive Plan and Zoning Ordinance. Mr. Ian Munce, Planning Director,
began the 3rd annual review by highlighting the related issues discussed at the last Council
Study Session including the Regulatory Reform Act, annual comprehensive plan update,
and zoning ordinance minimum regulations with regard to amateur radio communications,
and number of adults that can receive care in an adult family home in all residential zones.
Mr. Munce then discussed the April 1, 1996 implementation date suggested by Mrs.
Robinette. In conclusion, Mr. Munce mentioned that the City newsletter will summarize
the new planning procedures and reported that the zoning code is proposed for reprinting
next year. All amendments come to the Council with a positive recommendation from the
Planning Commission.
Mr. Michael Murphy, 1020 E Avenue, Mr. Don Humes, 2009 1 1 th Street, Mr. Murray
Goddard, 614 38th Street and Ms. Mary Lou Brown, Director for the Amateur Radio Relay
League, spoke in support of the zoning code amendment allowing 75' height for amateur
radio antenna and towers. Mrs. Lois Elber, 3813 W. 3rd., asked how many towers would
be anticipated and asked if radio and TV reception would be affected by the towers. Ms.
Brown stated that the higher the antenna, the less likely there will be interference and that
cable customers will not be affected. There were no further comments and the Mayor
declared the Public Hearing closed.
The Planning Director then explained the current code requirements for antenna towers.
After discussion, Council elected to vote separately on the specific amendments. Mr.
Christiansen moved, seconded by Mr. Jackson, to amend the zoning ordinance to allow for
75' radio and antenna towers. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson,
Christiansen. Nay - Robinette. Motion carried. Mr. Jackson moved, seconded by Mr.
Sizemore, to increase the number of adults that can receive care in all residential zones of
the City from 4 to 6. Vote: Ayes - Parrish, Root, Sizemore, Jackson, Rock. Nays -
Christiansen, Robinette. Motion carried. In response to concerns raised by Council, the
City Attorney explained that the City cannot regulate adult family housing on the local
level. Mrs. Robinette then moved, seconded by Mr. Root, to adopt Ordinance No. 2380,
entitled "An Ordinance Adopting the 1995 Comprehensive Plan Amendments." Vote:
Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
The Planning Director then explained the "one open public hearing" process with regard to
land use application approval. Under the new proposed Ordinance the Planning
Commission will hold the open public hearing. Mr. Root moved, seconded by Mr. Jackson,
that Ordinance No. 2382 entitled "An Ordinance Amending Ordinance #2315 (Regulating
the Subdivision and Short Subdivision of Land)" be adopted. Mr. Christiansen moved,
seconded by Mr. Parrish, to amend the motion to change the effective date to April 1,
1996. Vote on amendment; Ayes - Sizemore, Jackson, Christiansen, Robinette, Parrish,
Root. Nay -Rock. Motion carried. Vote on main motion: Ayes - Jackson, Christiansen,
Robinette, Parrish, Root, Sizemore. Nay - Rock. Motion carried. With the direction to
incorporate the same hearing procedures as the newly adopted Subdivision Ordinance, Mr.
Parrish moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2381 entitled "An
Ordinance Adopting the 1995 Zoning Ordinance Amendments". Vote: Ayes -
Christiansen, Robinette, Parrish, Root, Sizemore, Jackson. Nay - Rock. Motion carried.
Consideration: Interlocal Agreement with Western Washinqton Universitv
Mr. Gordon Bruchner, City Engineer, introduced two Interlocal Agreements between the
City of Anacortes and Western Washington University for asphalt overlay, drainage
improvements and waterline replacement in Shannon Point Road. Mr. Bruchner pointed
out that these agreements have been reviewed by University staff and will be reviewed by
the Mayor's contract review group. Mr. Jackson moved, seconded by Mr. Sizemore, to
authorize the Mayor to enter into these agreements. Vote: Ayes - Robinette, Rock,
Parrish, Root, Sizemore, Jackson, Christiansen. Motion carried.
October 16, 1995 - continued
Reouest for Ciarification/Conditionai Use Permit - Fidaigro Bav RV Park
Mr. Jim Pemberton, Director of Public Works, addressed this item. Mr. and Mrs. Richard
Stockwell, owners of Fidalgo Bay Resort RV Park, have asked for modification to RV Park
Conditional Use Permit Condition # 11. The Stockwells have asked to paint a "physical
barrier" as an alternate to a raised island at the intersection of Fidalgo Bay Road and
Weaverling Road. Mr. Christiansen so moved, seconded by Mr. Rock. Vote: Ayes -
Parrish, Sizemore, Jackson, Christiansen, Robinette, Rock. Nay - Mr. Root. Motion
carried.
Tourism Committee Appointments
Mayor Pro -tem Rock recommended that the Tourism Committee appointments be Mrs.
Robinette, Mr. Christiansen and Mr. Root with Mr. Parrish as the alternate. Mr. Rock then
moved to accept the appointments, seconded by Mr. Jackson. Vote: Ayes - Root,
Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
At approximately 11:00 p.m., Mayor Maxwell announced that the October 16, 1995
meeting would be continued to Monday, October 23, 1995, 7:00 p.m., in order to conduct
an Executive Session for one hour to discuss labor negotiations.
Continued Meeting of October 16, 1995 - held on October 23, 1995
Mayor Maxwell opened this continued City Council meeting at 7:00 p.m. and convened
into Executive Session to discuss labor negotiations. At approximately 8:10 p.m. the City
Council came out of Executive Session. At this time they passed Resolution No. 1380 (A
Resolution Adopting an Employee Recognition Program for the City of Anacortes and
Repealing Resolution #1289). This action was taken on a motion by Councilman Jackson
and seconded by Councilman Parrish. Vote: Ayes - Jackson, Rock, Root, Parrish,
Robinette, Christiansen, and Sizemore. The motion carried.
There being no further business, the City Council adjourned its continued meeting at 8:15
p.m.
eor a Khtaian, City Clerk -Treasurer
H. Dean Maxwell, Mayor
1190
1191
November 6, 1995
Mayor Maxwell called the November 6, 1995 City Council meeting to order at 7:30 p.m.
The Mayor then announced that the Council had convened at a duly advertised Special
Meeting at 6:45 p.m. in the Municipal Building Council Chambers. The purpose of the
Special Meeting was to conduct an Executive Session to discuss labor negotiations and
litigation. The Special Meeting was adjourned at 7:30 p.m. No action was taken.
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
Mr. Jackson moved, seconded by Mr. Parrish, that the minutes of October 16, 1995 and
October 23, 1995 be approved as if read. Vote: Ayes - Root, Sizemore, Jackson,
Christiansen, Robinette, Rock, Parrish. Motion carried.
Citizen Hearings
Calling the Council's attention to the issue of equitable utility rates for customers who
leave Anacortes for the winter, Mrs. Beverly Ann Benedict, 2414 16th Street, urged that
information regarding this issue be made available to the public. The Mayor said that the
Council is now so informed, and he then pointed out that there is an ongoing City utility
rate study reviewing this matter as well as other rate issues.
Mr. Malcolm Lorente, 3820 W. 4th St., asked the Mayor when he could receive a copy of
the City's policy' regarding the parking of an RV/motor home on undeveloped property. He
also referred to his letter of appeal directed to the City Council. The .Mayor thanked Mr.
Lorente for his comments and said he would respond as time allows.
Correspondence
There was no correspondence.
Decision: Allkniaht's Preliminary Plat
The Planning Director, Mr. Ian Munce, addressed the Council and audience with a
summary of the Allknight 5 -lot Preliminary Plat project at approximately 13th Street and
"H" Avenue. In the summary he discussed the conversion of this acreage to building sites
through the Short Plat and Boundary Line Adjustment processes. He also discussed the
complexity of developing this acreage due to multiple zones, existing structures and
proximity to school district property. Pointing out that public hearings on this site's current
proposal, the 5 -lot preliminary plat, have been held before both Planning Commission (with
a recommendation to Council for approval) and Council, Mr. Munce said that Council
delayed action on this matter so that applicant and staff could discuss the use of part of
the project site for a 13th Street connection. As a result of these negotiations, Mr. Munce
reported that the applicant has considered layout alternatives; however, the applicant has
agreed that the original proposal meets all code requirements and has asked Council to
approve the project as conditioned. After discussion, Mr. Root moved, seconded by Mr.
Sizemore to approve the Allknight's Preliminary Plat subject to the conditions outlined in
the Findings of Fact and Conclusions of Law. More discussion followed regarding access
alternatives. Vote: Ayes - Sizemore, Jackson, Christiansen, Rock, Parrish, Root. Nay -
Robinette. Motion carried.
Decision - Marine Heiahts Preliminary Plat
Mr. Christiansen excused himself from discussion on this matter. Mr. Ian Munce, Planning
Director, provided an overview of the hearing/planning process for this 49 -lot plat
application submitted by Charger, Inc. The project is located on Marine Drive near the City
limits in the Skyline area. There have been two series of hearings on this project with the
first series of hearings concluding with Council remanding this project back to the Planning
Commission and to the applicant for further review. This second series of hearings have
been held to review a scaled down and revised proposal. Mr. Munce highlighted the
significant issues and concerns including 30' buffer between the project and the
forestlands, drainage analysis including upper and lower detention ponds, trees to be left
standing, geotechnical study identifying amount of rock to be on site, total project
impervious surface at 50%, overall density and phasing to lessen impact of development.
For review purposes, the Council has a copy of the 4th draft of the 44 conditions attached
to this project. The applicant has also reviewed these conditions and has offered no
objection. An amendment to Condition # 7.H., a drainage facilities restoration and site
stabilization bond, was submitted by Mrs. Robinette. Mr. Parrish then began the
discussion by expressing concern over the potential risks attached to a project with this
density and terrain. Mr. Sizemore expressed concern over density and detention pond
design. Mr. Jackson then moved to adopt the Marine Preliminary Plat application subject
to 44 conditions, including the addition of condition # 7.H., seconded by Mrs. Robinette.
Vote: Ayes - Jackson, Robinette, Root. Nays: Rock, Parrish, Sizemore. Citing project
zoning and subdivision compliance together with the imposition of the 44 conditions,
Mayor Maxwell cast his affirmative vote breaking the tie. Motion carried.
1192
November 6, 1995 - continued
Modification to Street Standards
Mr. Munce brought forward the final issue for Council approval on the Marine Heights
Preliminary Plat. The proposed cul-de-sac exceeds the code cul-de-sac requirement.
Lengthy discussion followed regarding definition of a cul-de-sac. Mr. Parrish moved,
seconded by Mr. Jackson, to approve the cul-de-sac configuration as presented thereby
approving the modification to the Subdivision Ordinance street standards. Vote: Ayes -
Robinette, Rock, Parrish, Root, Jackson. Nay - Sizemore. Motion carried. Mr.
Christiansen returned to the Council Chambers.
Decision - "L" Avenue Street Vacation Petition
Mr. Jim Pemberton, Director of Public Works, stepped forward to review this item, a
petition asking for the vacation of the westerly 30' of "L" Avenue to construct two single
family units. Decision on this matter had been delayed by Council to study street
circulation patterns in this area. Mr. Pemberton presented an overhead drawing showing
the existing street layout and platted rights-of-way. While encouraging single family
development, Mr. Christiansen discussed an alternative to the proposed layout. Mrs.
Robinette expressed concern over the future affects of right-of-way vacation and
management of the negative impacts of growth. After discussion, Mr. Parrish moved,
seconded by Mr. Christiansen, to approve the vacation of the westerly 30' of "L" Avenue
abutting Lot 1, Block 1, Hagadorn's and Stewart's 1 st Addition to Anacortes. Vote: Ayes
- Parrish, Root, Sizemore, Christiansen. Nays - Robinette, Rock, Jackson. Motion carried.
Mr. Root suggested revisiting Council's overall policy toward street and alley vacation.
Voucher Approval .
Mrs. Robinette moved, seconded by Mr. Rock, that the following vouchers/warrants
audited and certified by the City's Auditing Officer (Finance Director) and subsequently
reviewed and approved by the Council Finance Committee on October 19, 1995 and
November -2, 1995 be approved for payment as of this date, November 6, 1995. Vote:
Ayes - Parrish, Root, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried.
Claims Vouchers
Nov, 1995 Warrant Numbers 43295 through 43466 in the total amount of
$237,302.60
Payroll
Oct, 1995 Warrant Numbers 501 through 725 in the total amount of $493,586.76
Draw Pavroll
Oct, 1995 Warrant Numbers 368 through 500 in the total amount of $66,884.00
Aaaeal - Entile Short Plat (tape of this matter is on file at Citv Hall)
Mr. Ian Munce, Planning Director, clarified the appeal issue before Council. The property in
question, lot 33, Division 8, Skyline, has over 16,000 square feet and the owner, Mr.
Charles Entile, has applied to short plat creating two building sites. A review of previously
approved plats showed that the City has consistently required the minimum 70'
requirement at any portion of the building. Therefore, the short plat request was denied.
By way of background, Council received copies of the application, neighborhood letters of
response and Findings of Fact. Mr. Charles Entile distributed copies of a 1991 letter from
the former Director of Public Works, Mr. Dave Ford, responding to the question of lot
division. Mr. Entile also referred to a June, 1995 letter from the Building Official, Mr. Ed
Frank, and he referred to discussions held with staff preparatory to filing a short plat
application. Council discussion followed regarding the content of the letters from the
Building Official and former Public Works Director. Mr. Munce clarified that Council has
charged the Subdivision Administrator with code interpretation and decisions on short plat
applications. The City Attorney, Mr. Steve Mansfield, said that when a code term is
ambiguous or unclear, the City would generally look to "past practice" as a basis of
interpretation. After discussion, Mr. Sizemore moved, seconded by Mr. Jackson, to table
decision on this appeal for two weeks after having reviewed a code interpretation by the
City Attorney. Vote: Ayes - Parrish, Root, Sizemore, Jackson, Christiansen, Robinette,
Rock. Motion carried.
Tourism Fund Ordinance Amendment
Mayor Maxwell presented an Ordinance to the City Council that would amend the
Transient Occupancy Tax Ordinance providing for up to 10% of projected fund revenue be
allocated to eligible purposes serving the community as a whole. This amount would then
be allocated to the Mayor for distribution. While supporting the intent of this Ordinance,
Council discussed the success of the standards and application process now in place to
handle this revenue. The Mayor and Council referred this matter to a future discussion.
Human Resources Assistant - Job Descriation
Mayor Maxwell presented a Job Description for a part-time Human Resources Assistant.
In response to questions from Council, the Mayor clarified that this employee would
1193
November 6, 1995 - continued
function as a confidential secretary to the Human Resources Director. Mr. Parrish moved,
seconded by Mr. Root, to approve the Human Resources Assistant job description. Vote:
Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
Litigation Settlement
Mr. Steve Mansfield, City Attorney, reported to Council that a resolution has been reached
on the potential litigation from Pacific Summits, Inc. regarding the interpretation of a 1968
contract entered into by and between the City of Anacortes and Mr. Ray Jones and others
to provide the construction of water and sewer in the general area of 32nd street and "H"
Avenue. Generally, in that agreement, in exchange for easements, the hook-up fees for
this property were waived by the City. The negotiated proposal before Council provides
for payment of $2,500 for each lot for utility general facility fees and connection charges.
Based on the uncertainty of litigation should the parties go to court, and in view of having
lost a previous case in this matter, the City Attorney recommends that the Council accept
this proposal. Mr. Jackson moved, seconded by Mr. Christiansen, to approve this
proposal. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root.
Motion carried.
At 10:30 p.m., there being no further business, the meeting was adjourned
G ge Kj�ftaian, CitOlerk-Treasurer
"7VA'
H. Dean Maxwell, Moor
November 20, 1995
Mayor Maxwell called the November 20, 1995 City Council meeting 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 following change, Mr. Jackson moved, seconded by Mr. Sizemore, that the
minutes of November 6, 1995 be approved as if read: delete 3rd sentence under Appeal -
Entile Short Plat, "Because of the lot configuration, the division of land would preclude
dwellings from meeting the 70' width requirement." Vote: Ayes - Root, Sizemore,
Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
Citizen Hearings
No citizens present wished to testify on items not on the agenda.
Correspondence
Mayor Maxwell, Councilman Parrish and two representatives from the Anacortes Sister
City organization recently visited Sydney B.C. Reporting on the visit, Mayor Maxwell and
Mr. Parrish remarked on the great hospitality of the citizens of Sydney. At this meeting in
Sydney the participants exchanged information about each city with the thought of
exploring a Sister City relationship in the future.
Consideration Horizon Heiqhts Ground Water Studv
Mr. Gordon Bruchner, City Engineer, addressed this item. He discussed the formal process
undertaken to identify the consultant to perform the hydrologic investigation for Horizon
Heights. The purpose of the investigation is to identify the existing source of ground water
and to present preliminary solutions to redirect the water. A team of three local
professionals submitted a proposed scope of work and budget and staff recommends, after
having reviewed all proposals submitted, that the City enter into the agreement with the
local professional team. Mr. Jackson moved, seconded by Mr. Rock, to authorize the
Mayor to enter into the finalized agreement. Vote: Ayes - Sizemore, Jackson,
Christiansen, Robinette, Rock, Parrish, Root. Motion carried.
Consideration of "D" Avenue Desiqn Consultant Agreement
Mr. Gordon Bruchner, City Engineer, reported to Council that twelve proposals for the "D"
Avenue design agreement were received and reviewed by the City's consultant selection
committee. Of the proposals reviewed, staff and the committee recommend Perteet
Engineers, Everett. This project will finish the reconstruction of "D" Avenue from 17th
street to 12th street, including a left-hand turn lane at 12th street, sidewalks and
enclosure of the open ditch on the west side of "D" Avenue. Mr. Sizemore moved,
seconded by Mr. Root, to authorize the Mayor to enter into this agreement with Perteet
Engineering. Vote: Ayes - Jackson, Christiansen, Robinette, Rock, Parrish, Root,
Sizemore. Motion carried.
Consideration of AcceDtino Brvice Court Sewerline and Flow Measurina Stations Proiect
Mr. Gordon Bruchner, City Engineer, presented this item to the Council. This project
consisted of two items: the construction of approximately 620 feet of sanitary sewer to
divert sewage from the abandoned Bryce Court pump station, and the installation of two
sewage overflow measuring stations at the "B" Avenue pump station and at 4th Street
and "M" Avenue. The work was performed by Beaver Marsh Blacktop in the amount of
$63,236.78. Mr. Bruchner reported that the work is complete and the system is in use.
Staff recommends that the project be accepted as complete, thus beginning the 30 -day
lien period. If no liens are filed retainage money now held shall be released to the
contractor. Mr. Parrish so moved, seconded by Mr. Jackson. Vote: Ayes - Christiansen,
Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried.
Entile ADoeal: Decision
Before Council began the discussion on this matter, Mr. Christiansen explained that the
real estate firm where he works recently listed the property involved in this short plat
appeal. He then said that he would participate in the decision on this matter unless there
was a challenge. No challenges were made. Mr. Ian Munce, Planning Director, presented
the background summary on this matter. As the City of Anacortes Subdivision
Administrator Mr. Munce reviews and then approves or denies short plats. Mr. Charles
Entile applied for a two -lot short plat of Lot 33, Division 8, Skyline. The application was
denied based on interpretation of the Dimensional Requirement Table of the Zoning
Ordinance with regard to lot width at the building. Mr. Munce's decision was further
supported by a Building Department review of previously approved plats and short plats.
Mr. Entile appealed the decision, Notice of Appeal was filed and the matter was reviewed
by Council on November 6th. After discussion, Mr. Rock moved, seconded by Mr.
Christiansen, to deny the appeal. Vote: Ayes - Robinette, Rock, Parrish, Root, Sizemore,
Jackson, Christiansen. Motion carried.
November 20, 1995 - continued
UGA: Response to Countv
Mr. Ian Munce, Planning Director reported on ongoing activities to resolve the Urban
Growth Area with the Skagit County. Deliberations have now reached the policy level
with the County Commissioners. County Commissioner Hart met with Mayor Maxwell and
then followed up with a November 6th letter essentially agreeing to accept the City's
Urban Growth proposal and restating a willingness to look at revenue sharing for that area.
The Council has a draft response to the November 6th letter pointing out urban service
needs, showing that urban services are more expensive than rural services, and describing
revenue sharing within the context of the cost of services. Mayor Maxwell thanked the
County Commissioners and expressed confidence in this step forward in the City/County
relationship. After discussion, Mr. Parrish moved, seconded by Mr. Jackson, approve the
November 8, 1995 letter to the Board of Commissioners regarding the City of Anacortes'
Urban Growth Area. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen,
Robinette. Motion carried. Mr. Christiansen asked that the real estate excise tax figures in
the cost analysis for the proposed annexation be reviewed.
Trailer Parkina Discussion
Mayor Maxwell reported on an issued discussed and reviewed by Council in Study Session:
boat trailer parking on "Q" Avenue between 9th and 10th streets. Mr. Sizemore reported
that the Port of Anacortes commissioners will be reviewing a proposal to use the Port's
parking lot on 13th street during the winter months with two fee options.
Teen Center Discussion
Mayor Maxwell reported that as a result of a Study Session review of this matter, Teen
Center activities have been expanded to two nights per week. Mrs. Robinette submitted
an alternative proposal recommending, in part, that a committee be formed to make
program decisions, to raise funds and to enlist chaperons and other volunteers.
Consent Agenda
Mr. Christiansen moved, seconded by Mr. Sizemore, that the following Consent Agenda
items be approved. Vote: Ayes - Parrish, Root, Sizemore, Jackson, Christiansen,
Robinette, Rock. Motion carried.
Voucher Appro va/
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 9, 1995 and November 16, 1995 be approved for payment as of
this date, November 20, 1995. Vote was unanimous.
Claims Vouchers
Nov, 1995 Warrant Numbers 43469 through 43631 in the total amount of
$263,156.43
Draw Pavroll
Oct, 1995 Warrant Numbers 726 through 854 in the total amount of $68,444.00
Ordinance - Vacatina a Portion of "L" Avenue
Council adopted Ordinance No. 2383 vacating the westerly 30' of "L" Avenue abutting Lot
1, Block 1, Hagadorn's and Stewart's Addition
Resolution - Setting Public Hearina Date - Vacation - Portion of W. 8th St.
Council adopted Resolution No. 1381 setting December 18, 1995 as the Public Hearing
date to review a petition to vacate a portion of West 8th Street.
Findinas of Fact - Allkniaht's Preliminary Plat and Marine Heights Preliminary Plat
Council requested the findings of fact be removed from the Consent Agenda. Mr. Parrish
moved, seconded by Mr. Root, that the Findings of Fact and Conclusions of Law for the
Allknight's Preliminary Plat be adopted. Vote: Ayes - Root, Sizemore, Jackson,
Christiansen, Robinette, Rock, Parrish. Motion carried. Mr. Ian Munce, Planning Director,
pointed out that condition #2 of the Marine Heights Findings has been modified. State law
now allows for a five-year time allowance to submit the final plat for approval. With that
change, Mrs. Robinette moved, seconded by Mr. Root, to approve the Marine Heights
Findings of Fact and Conclusions of Law. Vote: Ayes - Jackson, Robinette, Root.
Abstain: Christiansen. Nay - Sizemore, Rock, Parrish. Mayor Maxwell cast his affirmative
vote breaking the tie. Motion carried.
Tourism Fund: Committee Recommendations
Mr. Ian Munce, Planning Director, and spokesman for the Tourism Committee, reviewed
the application/approval procedure for 1996 Tourism Promotion Funds. The 15
applications received were reviewed by the Committee. After the selections have been
made by Council, the committee will discuss scope of work criteria with each of the
finalists. Formal contracts will then be presented to Council in December. The projects
funded for 1996 are the Heritage Tourism Marketing Program, W.T. Preston Operational
November 20, 1995 - continued
Expenses, Visitor Information Center, Washington Lodging and Travel Guide, 1996
Anacortes Arts Guide and Annual Book and Paper Show. Representatives from the
Anacortes Arts and Crafts Festival were in the audience and asked to speak to the
Council; however, Council determined that it would be inappropriate to take comments
unless all original applicants were given the opportunity to speak. Thanking the committee
members for their efforts, Mr. Parrish moved, seconded by Mr. Jackson, to approve the
Committee 1996 funding selections. Vote: Ayes - Jackson, Christiansen, Robinette,
Rock, Parrish, Root, Sizemore. Motion carried.
Fidalao Bav Plan - Authorization to Proceed
The Planning Director, Mr. Ian Munce, began -his presentation on this item by thanking
Council members, Port Commissioners, Board of'County Commissioners, County staff, and
all those who have participated in gathering information on what can be done in Fidalgo
Bay. The item now before Council is a proposal to conduct a conservation and
development plan for the study area generally located from the State ferry terminal building
and including all of Fidalgo Bay. The Fidalgo Bay Committee has met and recommends
that the City function as the grant/project administrator to enter into an agreement with
Huckell/Weinman Associates Inc./Pentec Environmental to prepare a subarea plan for
Fidalgo Bay that would assemble information from all available sources. Remarking on the
significance of this effort, Mr. Sizemore moved, seconded by Mr. Rock to adopt Resolution
No. 1382, entitled "Fidalgo Bay Planning Process: Authorization to Proceed". Vote: Ayes
- Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried.
Storm Sewer Maintenance - Ordinance
Mr. Jim Pemberton, Director of Public Works, presented a stormsewer maintenance
Ordinance to Council previously reviewed in Study Session. This ordinance is designed to
provide the City with a regulatory framework to control maintenance of drainage facilities
located on private property. Mr. Pemberton discussed the issue that prohibits obstruction
of drainage facilities on private property but does not address obstruction on public
property. Discussion followed regarding provisions contained in existing City ordinances
that prohibit obstruction of drainage systems located in public right-of-way. Steve
Mansfield, City Attorney, clarified this issue. After discussion, Mr. Jackson moved,
seconded by Mr. Parrish, to adopted Ordinance No. 2384 entitled "An Ordinance
Establishing Inspection and Maintenance Requirements and Regulations for Privately
Owned Stormwater Facilities." Vote: Ayes - Robinette, Rock, Parrish, Root, Sizemore,
Jackson, Christiansen. Motion carried.
Latecomer Agreement LID #203 Anaco Beach Sewer Proiect
Mr. Jim Pemberton, Director of Public Works, presented an overhead display showing the
parcels in the service area of the Anaco Beach Sewer Lift Station not included in Local
Improvement District # 203. A Latecomer Agreement for those parcels assessing a
latecomer's charge of $1,273.66 per dwelling unit is before Council for approval. Mr.
Pemberton reported that all of the affected property owners were notified of this proposed
action and no protests were received nor was a public hearing requested. Mr. Pemberton
recommends that the latecomer agreement be approved and filed with the County
Auditor's office. Mr. Christiansen so moved, seconded by Mr. Rock. Vote: Ayes - Rock,
Parrish, Root, Sizemore, Jackson, Christiansen, Robinette. Motion carried.
At approximately 9:30 p.m., Mayor Maxwell announced that this meeting would be
continued to Tuesday, November 21, 1995 at 9:00 a.m. in the Municipal Building
Community Center to review the 1996 Budget. The meeting will again be continued to
Monday, November 27, 1995 at 7:30 p.m., Municipal Building Council Chambers to
conduct a Public Hearing on 1996 revenues and property tax ordinance.
1197
November 21, 1995
Continued from Council meeting of November 20, 1995, for the purpose of review of the
1996 City of Anacortes budget.
The meeting was held in the basement of the Municipal Building.
Roll call found present: Jeanne Robinette
This meeting was a continuation of Council/Staff 1996 budget Study Sessions covering
the dates of November 13, 14, 15, and 16. Mayor Maxwell and staff (Finance Director
George Khtaian and Assistant Finance Director Jenifer Troxel) conducted a line -item review
with Councilmember Robinette of the remaining budget categories including the Finance
Department, various county and local programs ( Northwest Air Pollution Authority, Skagit
County Emergency Services, Skagit County Community Alcohol Center, Anacortes
Community Health Council, Skagit County Community Action Agency, etc.), the
Healthcare fund, the Data Processing Services fund, and the Firemen's Pension fund.
The meeting opened at 9:00 a.m. and concluded at 12:00 noon. Per notice, the meeting
was continued to Monday, November 27, 1995.
November 27, 1995
Continued from Council budget meeting of November 21, 1995, for the purpose of 1996
budget Revenues Hearing and Property Tax Ordinance.
Mayor Maxwell called the November 27, 1995 City Council meeting to order at 7:30 p.m.
(Formal notice of continuance from continued November 21, 1995 budget meeting had
been previously given.)
Roll call found present: Ted Parrish, Ben Root, Ray Sizemore, Bill Jackson, Terry
Christiansen, Jeanne Robinette, and Bud Rock.
Public Hearinq on 1996 Budqet Revenue Sources
The Public Hearing was required per 1995 Washington Legislative Law Chapter 251,
Section 2 (RCW 84.55.120). The Mayor opened the Public Hearing. The Finance Director,
George Khtaian, presented from handouts a review of all 1996 projected revenues for all
City budgeted funds. Special emphasis was given to General Fund revenues and to the
projected property tax levy, based on the maximum -allowed 6% increase. The property
tax issued generated discussion among Council. Mr. Paul Mahoney, 3918 M Avenue,
expressed his frustration with the Council for always taking the maximum 6% allowance
and asked that Council give serious thought to reducing the 1996 allowance. The Public
Hearing was closed.
1996 Property Tax Ordinance
The Finance Director explained that the County could not meet the levy deadline to late
utilities valuation input from the State. Consequently, the Ordinance will not be available
until the December 18 meeting.
The Mayor adjourned the continued meeting at 8:45 p.m. The Council then went into
Study Session.
IYA17 On A,+', ptk7� -7/ /17ntL�
eor Khtaian, City Clef -Tr surer H. Dean Maxwell,/Mayor
December 4, 1995
Mayor Maxwell called the December 4, 1995 City Council meeting 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 Meetinq
Mr. Sizemore moved, seconded by Mr. Parrish, that the minutes of November 20, 1995 and
continued to November 21, 1995 and November 27, 1995 be approved as if read. Vote: Ayes
- Root, Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish. Motion carried.
Citizen Hearings
Referring to a Public Works Advisory Committee meeting where he presented flood research
information, Mrs. Beverly Ann Benedict, 2414 16th St., commended the efforts of the
Anacortes Water Treatment Plant Manger, Mr. Ed Capasso.
Mr. Andy Mayer, 819 Commercial, on behalf of the Chamber of Commerce thanked the Mayor,
Councilmembers and Parks Department for their efforts in helping to decorate Commercial
Avenue for the holidays.
Ms. Judy Bronner, 1306 Broadview, suggested the imposition of a community -wide curfew and
asked that a community meeting be organized to discuss this matter. The Mayor said that a
public meeting will be held in 1996 for this purpose.
Correspondence
Councilman Sizemore reported on the discussions held between the Port and the City with
regard to boat trailer parking. To assist in this matter the Port has agreed to waive the parking
fee at the Port's lot at 13th and "Q" during the months of October through March. In order to
qualify for this service the customer must be a resident of the Port District and must contact the
Harbor Master's Office to obtain an ID tag to park in this lot.
Mayor Maxwell read a memo to City employees praising their efforts during the November,
1995 storms and flooding. Many of the negative impacts of this storms were minimized
through the dedicated efforts of the City crews. The Mayor offered his thanks for a job well
done. On a related matter, Mayor Maxwell said that as of November 7th, Federal Emergency
Management Act funds are available to help alleviate some of the damage caused during the
recent storms.
Mayor Maxwell announced that a lease has been secured for the Commercial Avenue and
10th Street location for a SKAT shuttle parking service.
Consent Agenda
Mr. Parrish moved, seconded by Mr. Sizemore, that the following Consent Agenda items be
approved. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root.
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
November 30, 1995 be approved for payment as of this date, December 4, 1995. Vote was
unanimous.
Claims Vouchers
Dec, 1995 Warrant Numbers 43634 through 43780 in the total amount of $129,280.67
Warrant Cancellation
Council cancelled Claims Warrant # 42952 in the amount of $500.00.
Interlocal Agreement
Council approved the Interlocal Agreement between the City of Anacortes and the Port of
Anacortes to develop a process for developing a subarea plan for Fidalgo Bay.
Public Hearina - Conditional Use - Mauntel - Commercial Parkina Lot
Mayor Maxwell opened the Public Hearing on a Conditional Use application submitted by Mr.
William Mauntel to develop a 150 -car parking lot generally located at Ferry Terminal road and
Sunset Avenue. The property is zoned Commercial Marine. Mr. Ian Munce, Planning Director,
began his presentation by using an overhead display showing the adjacent property uses
including the Washington State Ferry Terminal building and existing parking lot. Mr. Munce
pointed out that this project site has been used in the past, on a paid basis, for parking. As
this lot is currently is use only during the critical spring and summer season, the Planning
1199
December 4, 1995 - continued
Commission recommended that if the paid parking lot is to be used for more than six months
per year (peak spring and summer months), then a landscaping plan and other improvements,
possibly phased, will be required. There were no comments from the audience and the Mayor
declared the Public Hearing closed.
Discussion followed regarding the imposition of a time limit to the project conditions and
potential lighting restrictions. In response to Council's concerns, Mr. Munce suggested that
Condition # 11 be amended to read: "Before any work is done on the site, a landscaping and
low intensity lighting plan shall be approved by the Planning Commission", and Condition # 12
be added: "This Conditional Use shall be reviewed by the City Council after 12 months for
appropriate enforcement action, if necessary." With those changes, Mr. Jackson moved,
seconded by Mr. Christiansen, that the Mauntel Commercial Parking Lot Conditional Use
application be approved subject to 12 conditions. Vote: Ayes - Vote: Ayes - Jackson,
Christiansen, Robinette, Rock, Parrish, Root, Sizemore. Motion carried.
Consideration of Bids: Radio Telemetry Equipment and
Consideration of Bids: Radio Telemetry Equipment Installation
Mr. Gordon Bruchner, City Engineer, reported to Council on the bids for equipment and
installation necessary to convert to a radio transmitted system at the Wastewater Treatment
Plant. In view of the cost savings over time as well as increased reliability for servicing these
improvements would provide, Mr. Root moved, seconded by Mr. Rock, to award the Schedule
1 and Schedule 2 equipment bids to Accum-Comm, Inc., Mukilteo and Schedule 3 to Cascade
Control, Seattle, and to Seven Sisters, Inc., for the installation of the equipment. Vote: Ayes -
Christiansen, Robinette, Rock, Parrish, Root, Sizemore, Jackson. Motion carried.
Quotes for Boat Specifications: Water Treatment Plant
Mr. Jim Pemberton, Public Works Director, introduced this item to Council. He explained that
three quotes were received in response to boat, motor and trailer specifications advertised by
the Water Treatment Plant on the Skagit River. Plant personnel recommends acceptance of
the $6,974.99 Hawley's quote because of the welded hull and a 1996 motor/factory one-year
warranty. Mr. Jackson so moved, seconded by Mr. Root. Council discussed the use of the
boat. Vote: Ayes - Robinette, Rock, Parrish, Root, Sizemore, Jackson. No - Christiansen.
Motion carried.
Ordinance - Restrictinq Parkinq - Harbor View Drive
Mr. Jim Pemberton, Director of Public Works, presented an Ordinance to Council that would
prohibit parking along Oakes Avenue and Harbor Lane in the following manner: along Harbor
Lane between Oakes Avenue and a point 675 feet south of Oakes Avenue on Harbor Lane
and along Harbor Lane from a point 675 feet south of Oakes Avenue to the end of Harbor
Lane for a period in excess of 24 continuous hours. Mr. Pemberton explained that the parking
in this area has been discussed by the Traffic Safety Committee. During the spring and
summer months ferry patrons leave their cars parked along this residential street while they
visit the San Juan islands. Mr. Christiansen led a discussion regarding the parking problems in
the general area of the Ferry Terminal. Mr. Parrish then moved, seconded by Mr. Rock, that
an Ordinance entitled "A Ordinance Prohibiting Parking and Setting a 24 Hour Parking Limit on
Oakes Avenue to a Point on Harbor Lane" be adopted and given Ordinance No. 2385. Vote:
Ayes - Rock, Parrish, Sizemore, Jackson, Christiansen. No - Root, Robinette. Motion carried.
Public Hearinq - 1996 Budqet
Mayor Maxwell opened the Public Hearing on the 1996 Budget with a review of budget
preparations beginning in August, 1995 including 40 hours of detailed line item staff analysis,
and the resulting budget reductions, public/Council roundtables and resulting budget
reductions and previously held public hearings. In this review the Mayor also compared the
1996/1995 budgets. He explained the purpose of the general fund, discussed the water fund
rate studies, discussed capital outlays and generally reviewed the budget process. There
were no public comments and the Mayor declared the Public Hearing closed.
To initiate the budget approval process, Mr. Rock moved to approve the 1996 Budget and set
the property tax increase at 4% instead of the authorized 6%. Mr. Sizemore seconded the
motion. During the discussion Mr. Rock suggested two approaches to the reduction in the
property tax: set aside $210,000 toward General Fund reserves and that the 40,000 be
replaced if 1996 sales tax revenues allow; or, increase revenue in sales tax by $40,000. Mrs.
Robinette listed 7 policy issue items that she would like addressed. As part of the Budget
discussion, Mr. Jackson recommended that the Mayor's salary be increased to $4,500/month.
In light of this and other budget adjustments, Mr. Rock withdrew his motion. Mr. Rock then
moved for a 4% tax increase with a $40,000 from the reserves, to be replaced if 1996 sales tax
revenues allow, seconded by Mr. Jackson. Vote: Ayes - Parrish, Root, Sizemore, Jackson,
Christiansen, Robinette, Rock. Motion carried. With that accomplished, Mr. Jackson moved,
seconded by Mr. Parrish, that the Mayor's salary be increased to $4,500/month. Discussion
followed regarding the Mayor's salary range. Vote: Ayes - Root, Sizemore, Jackson,
Christiansen, Robinette, Rock, Parrish. Motion carried. The City Attorney said he would bring
an Ordinance to Council reflecting this action. Councilmembers discussed those budget
1 IN
December 4, 1995 - continued
issues that will be reviewed in 1996. At the end of this review, Mr. Rock moved, seconded by
Mr. Jackson, to approve the 1996 Budget and to adopt Ordinance # 2386 adopting the 1996
Budget. Vote: Ayes - Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root.
Motion carried.
Securitv Gate - City Shop
Mr. Jim Pemberton, Director of Public Works, presented an information packet regarding the
security gate installation at the maintenance facility. Mr. Doug Terry, Maintenance Manager,
provided detailed information on the existing gate control, the number of false alarms occurring
and the modifications necessary to remedy to this condition. Staff recommends that the
installation of a motorized sliding gate and expansion of the existing card reader be awarded to
Fencing Unlimited and D -Tech. After discussion, Mr. Parrish moved, seconded by Mr.
Sizemore, to award the security gate installation to Fencing Unlimited and the card expansion
to D -tech. Vote: Ayes - Jackson, Robinette, Rock, Parrish, Root, Sizemore. No -
Christiansen. Motion carried.
Committee of the Whole
Councilman Rock reported recommendations made by the Council Committee of the Whole:
The following topics will be "calendared" for work session discussion in January: legal
advertising summaries; further review of solid waste committee recommendations; legislative
goals for 1996. There being no further business, at approximately 9:30 p.m., Mayor Maxwell
adjourned the meeting.
.'A'AI7 L"- i-, I/ '1 *11 " NO, - Al' /
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*eorhtalii'an, ityrk reas rer H. Dean Maxwell, ayor
1201
December 18, 1995
Mayor Maxwell called the December 18, 1995 City Council meeting to order at 7:30 p.m. The
Mayor then announced that the Council had convened at a duly advertised Special Meeting at
7:00 p.m. in the Municipal Building Council Chambers. All Council members were present.
The purpose of the Special Meeting was to conduct an Executive Session to discuss the police
guild labor negotiations. The Special Meeting was adjourned at 7:30 p.m. No action was
taken.
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
Mrs. Robinette recommended the following correction to the December 4, 1995 minutes:
Council of the Whole, page 3: "....the Council Committee of the Whole: The following topics
will be "calendared" for work session discussion in January: legal advertising summaries;
further review of solid waste committee recommendations; legislative goals for 1996." With
that correction, Mr. Jackson moved, seconded by Mr. Parrish, that the minutes of December 4,
1995 be approved. Vote: Ayes - Root, Sizemore, Jackson, Christiansen, Robinette, Rock,
Parrish. Motion carried.
Citizen Hearinas
Mr. Malcolm Lorente, 3820 W. 4th Street, repeated his request for information on the City's
policy regarding either an owner or contractor living on property that is being prepared for
construction. Mr. Lorente then referred to his letter previously distributed to Council on this
subject. Mayor Maxwell thanked Mr. Lorente for bringing this matter to his attention, but
explained that a letter discussing the incorporation of this matter into the zoning code via 1996
City Council public hearings had been mailed to Mr. Lorente. The Mayor then said he would
resend a copy of the letter to Mr. Lorente with copies to the Council.
Mrs. Beverly Ann Benedict, 2414 16th Street, asked the Council to reconsider Councilman
Sizemore's suggestion that the City purchase a used salt spreading truck. Referring to a
recent ice storm, Mrs. Benedict supported Mr. Sizemore's recommendation during past budget
discussions to add this needed safety equipment.
Police Guild Contract
Mr. Steve Mansfield, City Attorney, summarized the City and Police Guild labor negotiations.
He explained that one change this year is to have two contracts, one for the non-
commissioned officers and one for the commissioned officers. Both are represented by the
same Guild but are actually two separate units. Other City objectives were to discuss pay
issues regarding comparable salaries with similar jurisdictions; to increase the starting salaries;
to modify contract language with regard to such matters as civil service and vacation accrual.
The 1995 increase is 5%, a 3% increase for 1996 and a 3% increase across the board for
1997. In addition, salary steps would be compressed. Discussions also centered around
designated holidays and honoring Martin Luther King Day. Other language changes were
made with regard to shift changes when overtime had to be paid. Mr. Mansfield expressed
appreciation for the professional assistance of Mrs. Sharon Stahl, Human Resources Director
and for the Guild's approach to the contract negotiations. With that, Mr. Sizemore moved,
seconded by Mr. Jackson, to adopt the 1995, 1996, 1997 Police Guild Contract. Vote: Ayes -
Sizemore, Jackson, Christiansen, Robinette, Rock, Parrish, Root. Motion carried.
Correspondence
There was no correspondence
Tourism Fund: 1996 Contracts
Mr. Root moved, seconded by Mr. Christiansen, that a Resolution entitled "A Resolution
Authorizing Execution of Tourism Promotion Fund Contracts by and between the City of
Anacortes and Three Agencies for Five Projects", be adopted and given Resolution No. 1383.
Vote: Ayes: Jackson, Christiansen, Robinette, Rock, Parrish, Root, Sizemore. Motion carried.
Ordinance: Establishing Compensation Plan for the Mavor
Mr. Jackson moved, seconded by Mr. Parrish, that an Ordinance entitled "An Ordinance
Repealing Ordinance No. 2311 dated the 18th day of January, 1994, and Section 2 of
Ordinance No. 1865, passed and approved on November 30, 1981, and Establishing a
Compensation Plan for the Mayor of *the City of Anacortes." be adopted and given Ordinance
No. 2387. Mrs. Robinette suggested that the wording in Section 2 of this Ordinance was too
broad and said she would review this in 1996. Vote: Ayes - Christiansen, Robinette, Rock,
Parrish, Root, Sizemore, Jackson. Motion carried.
Consideration of Accepting 14th/21st St/"O" Avenue Waterline Replacement
Mr. Gordon Bruchner, City Engineer, reported to Council that the 14th and 21st Streets and
"O" Avenue waterline replacement project is complete and has been in service for several
weeks and has passed all tests. The project was awarded to Dirt Works Specialists. Staff
December 18, 1995 - continued
recommends that Council accept the project as complete, thereby beginning the 30 -day lien
period. If no liens are filed, retainage monies now held would be paid to the contractor. Mr.
Parrish so moved, seconded by Mr. Root. Vote: Ayes - Robinette, Rock, Parrish, Root,
Sizemore, Jackson, Christiansen. Motion carried.
Consent Agenda
Mr. Parrish moved, seconded by Mr. Sizemore, that the following Consent Agenda items be
approved. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson, Christiansen, Robinette.
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
December 7, 1995 and December 14, 1995 be approved for payment as of this date,
December 18, 1995.
Claims Vouchers
Dec, 1995 Warrant Numbers 43784 through 43958 in the total amount of $302,817.64
Payroll
Nov, 1995 Warrant Numbers 855 through 1080 in the total amount of $530,053.18
Warrant Cancellation
Council cancelled Claims Warrant # 43716 in the total amount of $62.60
Findinas of Fact - Conditional Use - Mauntel
Council approved the Findings of Fact and Conclusions of Law for the Mauntel Commercial
Parking Lot Conditional Use Permit.
Appointment: Plannina Commission: Reappointments: Housina Authoritv Board,
Plannina Commission
Mayor Maxwell recommended the following reappointments: Mr. Noel Hancock to the Housing
Authority Board and Mr. Mikel Hasty and Mr. Dave Welk to the Planning Commission. Mr.
Christiansen so moved, seconded by Mr. Root. Mr. Root asked about the length of board
terms and about the policy regarding number of terms served. Vote: Ayes - Parrish, Root,
Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried.
Mayor Maxwell reported that he has conducted a number of interviews for the Planning
Commission vacancy. As a result of these interviews, the Mayor recommends the appointment
of Mrs. Betty Kuehn to the Planning Commission. Mr. Root moved, seconded by Mr. Jackson
to confirm the appointment. Vote: Ayes - Root, Sizemore, Jackson, Christiansen, Robinette,
Rock, Parrish. Motion carried.
Public Hearina - Street Vacation - Portion of West 8th - Hawkinas
Mayor Maxwell opened the Public Hearing on a Petition submitted by Mr. Ed Hawkings to
vacate a portion of West 8th Street. Mr. Ian Munce, Planning Director, presented the
background summary for this proposal. He pointed out that while Mr. Hawkings has chosen to
replat one portion of the blocks in his ownership in the Northern Pacific Addition, he has
elected to develop another portion of his property according to the underlying plat grid at West
8th and Kansas. Mr. Hawkings has proposed to develop West 8th street to full City standards
with a cul-de-sac. The cul-de-sac is necessary because of an existing mitigated wetland
adjacent to his property in the West 8th Street and Minnesota Avenue right-of-ways. With this
new street configuration a small portion of the West 8th Street right-of-way would be needed to
provide for the 30' of frontage requirement for Lots 14 and 15. The Board of Adjustment voted
to recommend approval of the vacation request.
Mr. Christiansen asked about access to Lot No. 1, and Mrs. Robinette suggested that this
matter could be tabled until Mr. Hawkings could clarify a number of street, drainage and code
issues for this plat configuration. Mr. Ed Hawkings, 1102 Markwood Road, Burlington,
reviewed the current development adjacent to his property. In answer to Council members
questions and using the overhead display, Mr. Hawkings pointed out access to Lot 1. There
were no further comments and the Mayor declared the Public Hearing closed. Mr. Parrish
moved, seconded by Mr. Sizemore, to approve the vacation request. Vote: Ayes - Sizemore,
Jackson, Christiansen, Rock, Parrish, Root. No - Robinette. Motion carried.
1995 Budaet Amendment Ordinance
Mr. George Khtaian, Finance Director, presented Ordinance No. 2388 to Council authorizing
amendments to the 1995 budget in the Library, Police Substance Abuse and Urban Renewal
Funds. Mr. Rock moved, seconded by Mrs. Robinette, to adopt the Ordinance. Vote: Ayes -
Jackson, Christiansen, Robinette, Rock, Parrish, Root, Sizemore. Motion carried.
1203
December 18, 1995 - continued
1996 Propertv Tax Levv - Ordinance
Mr. George Khtaian, Finance Director, presented Ordinance No. 2389 to Council levying a tax
upon real and personal property within the City of Anacortes for the year 1996. Mr. Khtaian
discussed the general levy and assessed valuation figures. He then discussed the 4 -cent levy
increase over 1995 and the factors contributing to this low increase. Mr. Parrish moved,
seconded by Mr. Rock, to adopt the Ordinance. Vote: Ayes - Christiansen, Robinette, Rock,
Parrish, Root, Sizemore, Jackson. Motion carried.
L.I.D. 201/203 Bond Ordinance
Mr. George Khtaian, Finance Director, presented Ordinance No. 2390 to Council fixing the
amount and bond rate, providing for the sale to Seattle -First National Bank and fixing the
interest rate on local improvement district 201/203 assessment installments. Mrs. Robinette
moved, seconded by Mr. Jackson, to adopt the Ordinance. Vote: Ayes - Robinette, Rock,
Parrish, Root, Sizemore, Jackson, Christiansen. Motion carried.
Approval: Police Captain Job Description
Mayor Maxwell submitted a Police Captain Job Description to Council for approval. Mr.
Jackson moved to approve the job description with the proviso that the description be
reviewed/revised in 1996 including a review of accountability. Mrs. Robinette seconded the
motion. Mr. Sizemore clarified that this position could be filled before the 1996 review/revision
of the job description takes place. Vote: Ayes - Rock, Parrish, Root, Sizemore, Jackson,
Christiansen, Robinette. Motion carried.
Consideration of Professional Services Agreement:Completion Anacopper Mine Road
Design
Mr. Jim Pemberton, Public Works Director, reported to Council that he and Gordon Bruchner,
City Engineer, have evaluated their 1996 work schedule and as a result of that review both
recommend that the City have the additional engineering necessary to complete the design
and construction drawings for the Anacopper Mine Road improvement project performed by
Herrigstad Engineering. Mr. Gordon Bruchner then spoke, pointing out that Herrigstad has
already completed the necessary field and preliminary design work. Councilmembers
discussed the costs for work already performed by Herrigstad Engineering. Staff recommends
that Council authorize the Mayor to enter into an agreement with Herrigstand Engineering in
the amount of $7,250. Mr. Parrish so moved, seconded by Mr. Jackson. Vote: Ayes - Parrish,
Root, Sizemore, Jackson, Christiansen, Robinette, Rock. Motion carried.
Councilman Root asked to comment on action taken by Council on the tax levy rate. Mr. Root
pointed out that the general language used to discuss tax and levy rate increases may not take
into account or make clear to the public the additional tax levy due to increased valuation of
property.
Appreciation: Councilman Parrish and Councilman Jackson
Mayor Maxwell concluded the meeting by reading a message to both Mr. Parrish and Mr.
Jackson. The message conveyed the City's appreciation for their many hours spent in the
service of the citizens of Anacortes during their tenure as Councilmembers. The message
stated in part, "You have taken courageous action to make our economy strong while at the
same time protecting our beautiful home. Promoting a balanced community, you have
supported art and cultural growth. You have made decisions that will positively influence
Anacortes into the 21st Century."
There being no further business, the meeting was adjourned.
eorge htaian, Cirffy C k- as er H. Dean Maxwell, M or