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Home My WebLink About1996 City Council MinutesJanuary 2, 1996 Mayor Maxwell called the January 2, 1996 City Council meeting to order and began the meeting by wishing everyone a prosperous new year. Mr. George Khtaian, Finance Director and City Clerk, then stepped forward to administer the Oath of Office to new Council members, Mr. Bill Carlisle and Mr. Ken Brown. Mr. Carlisle and Mr. Brown took their seats and the roll was called. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ben Root. Minutes of Previous Meetinq Mr. Christiansen recommended the following correction to the December 18, 1995 minutes: page 3, 1996 Property Tax Levv - Ordinance, 3rd sentence: "He then discussed the 4% levy increase over 1995 and the factors contributing to this low increase." With that correction, Mrs. Robinette moved, seconded by Mr. Rock, that the minutes of December 18, 1995 be approved. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinqs Mr. Malcolm Lorente, 3820 W. 4th Street, thanked the City for the new signs placed throughout City Hall. He specifically mentioned the large, easy to read signs in the elevator. Correspondence There was no correspondence. Voucher Approval Mr. Christiansen 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 December 21, 1995 and December 28, 1995 be approved for payment as of this date, January 2, 1996. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Claims Vouchers Jan, 1995 Warrant Numbers 43960 through 44100 in the total amount of $197,014.88 Draw Pavroll Dec, 1995 Warrant Numbers 1081 through 1207 in the total amount of $68,457.00 Police Contract Settlement Dec, 1995 Warrant Numbers 1208 through 1238 in the total amount of $36,532.30 Ordinance - Vacatina Portion of W. 8th Street - Hawkincis Mr. Sizemore pointed out that the Ordinance before Council accurately reflects action taken by the Council at a duly held Public Hearing on this matter. Saying that, Mr. Sizemore moved, seconded by Mr. Rock, that Ordinance No. 2391 vacating a portion of West 8th Street be adopted. Vote: Ayes - Christiansen, Rock, Carlisle, Sizemore, Brown. No - Robinette. Motion carried. Surplus Equipment: Fire Department Mr. Dan Harju, Assistant Fire Chief, presented a request to Council to surplus several pieces of non-compliant Nomex firefighting bunker clothing. Mr. Harju informed the Council that although the clothing is outdated and cannot be used by our Fire Department, the Washington State Fire Academy can use this clothing for its non-structural firefighting capacity classes. Mr. Christiansen moved, seconded by Mr. Sizemore, to surplus the non-compliant firefighting clothing at no cost to the City. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Carbon Monoxide Monitorina Svstem Bids: Wastewater Treatment Plant Public Works Director, Mr. Jim Pemberton, reported to Council that bids for a Carbon Monoxide Monitoring System were opened on November 14, 1995. However, due to budget considerations and potential legislation regarding this type of system, Mr. Pemberton recommend to Council that this project be delayed and the bids rejected. Staff would then analyze whether or not to proceed with the Carbon Monoxide Monitoring program. Mr. Sizemore moved, seconded by Mr. Brown, to reject the three bids received for the Carbon Monoxide Monitoring System project. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Proposed Waterline Extension - 16th Street between "C" and "D" Avenues Mr. Gordon Bruchner, City Engineer, presented a utility extension application submitted by 3-D Construction for the extension of a waterline on 16th Street between "C" and "D" Avenues. Using an overhead display, Mr. Bruchner indicated that the applicant, in order to develop Lots 6-10, Block 208, will extend an 8" waterline to the furthest dimension of Lot 6 and will install a fire hydrant to provide for fire protection. He clarified that all development costs will be borne 1205 January 2, 1996 - continued by the applicant and recommends approval of the extension. Discussion followed regarding the development of 16th Street. After discussion Mr. Brown moved, seconded by Mr. Carlisle, that the utility extension application be approved. Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Proposed Waterline Extension - Puget Wav Mr. Gordon Bruchner, City Engineer, presented a utility extension application submitted by Mr. Wally Eckberg for an 8" waterline replacement project from Sunset Avenue to Western Avenue to provide fire protection to property on Puget Way. Using an overhead display Mr. Bruchner pointed out that this extension would strengthen the City's water distribution system and fire protection in that vicinity. In that regard, the Public Works Director, Mr. Jim Pemberton, recommends that the City participate in this extension by providing pipeline materials including the fire hydrant. The applicant would then be financially responsible for plans and specification, tap, construction and all other related tasks necessary for the extension. Council discussion followed regarding the City's systems upgrade schedule and budget. After discussion Mr. Sizemore moved, seconded by Mr. Rock, to approve the utility extension application. Vote: Ayes - Sizemore, Brown, Rock, Carlisle. No - Christiansen, Carlisle. Motion carried. Discussion Mr. Rock introduced a letter from the Port of Anacortes requesting a joint public City/Port meeting on January 10th. Pointing out the need for more time to properly publish notice and to develop agenda items for this meeting, Councilmembers Carlisle, Rock, Christiansen and Mayor Maxwell agreed to meet with Port Commissioners to develop an agenda. Council also agreed to place election of Mayor Pro -Tem on the next Council agenda. Mrs. Robinette also suggested that a work session be scheduled to review policies regarding the responsibilities of the Mayor Pro -Tem. There being no further business, the meeting was adjourned at approximately 8:30 p.m.. 4I J* .4 /71 k, "a -Y, tl)-)TI.. eorghtaian, ty CI rk- eas er H. Dean Maxwell, M*or January 16, 1996 Mayor Maxwell called the January 16, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ben Root. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Carlisle moved, seconded by Mr. Sizemore, that the minutes of January 2, 1996 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No one in the audience wished to testify on matters not on the agenda. Corresoondence Mayor Maxwell presented plaques of appreciation to Captain J.F. Short, commanding officer Naval Air Station, Whidbey, to representatives of Naval Unit CBU-417, construction battalion unit, and to Ms. Laura Serna, Disaster Chairman, American Red Cross, Skagit Valley Chapter. Representatives of both agencies provided assistance at the Water Treatment Plant during the December, 1995 floods. Mr. Christiansen suggested that the Correspondence portion of the agenda be expanded to include general matters not suited to the routine agenda, i.e., informal Council reports on items of general interest and meetings/conferences attended. Mr. Christiansen also asked that the Council Committee of the Whole meet to discuss Council standing committees and to fill existing vacancies on those committees. In conclusion, he suggested that the agenda item be entitled "Correspondence/Council". Chance Order: Water Treatment Plant Transformer Uuarade Mr. Jim Pemberton, Director of Public Works, presented a request for approval for Change Order # 2 to the Electrical Feed System Modification project at the Water Treatment Plant. The purpose of the Change Order will be to provide full standby capability of the recently installed 55V transformer so that it will be available in case of an emergency and during maintenance shutdowns. The necessary switching gear and its installation will cost approximately $49,000 and will require an amendment to the budget. Mr. Pemberton reported that he has investigated the availability of funds. He then went on to recap the purchase and service history of the existing transformer. Mr. Ed Capasso, Plant Manager, answered technical questions for the Council. After discussion, Mrs. Robinette moved, seconded by Mr. Brown, that Change Order # 2: Water Treatment Plant Transformer Upgrade be approved. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Council adopted Ordinance No. 2392 amending LID 201/203 Ordinance # 2390 passed in December of 1995. Voucher Annroval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on January 4, 1996 and January 11, 1996 be approved for payment as of this date, January 16, 1996. Claims Vouchers Jan, 1995 Warrant Numbers 44103 through 44204 in the total amount of $361,023.45 Payroll Dec, 1995 Warrant Numbers 1239 through 1466 in the total amount of $558,759.05 Council appointed Mr. Bill Wooding and Mr. Bill Jackson to the Public Works Advisory Board Resolution: Washinaton Park Policies Mr. Gary Robinson, Parks and Recreation Director, reviewed a proposed amendment to the Washington Park polices with regard to the Boat launch trailer parking area. If approved the amendment would limit parking in this area to a total of 180 days per year. Mr. Robinson then discussed annual and weekly parking rates. Mr. Christiansen asked how the length of parking stays would be monitored, and Mrs. Robinette asked that a progress report be brought back to 1207 January 16, 1996 - continued Sizemore, that Resolution No. 1384 entitled "A Resolution Amending Policies for the Operation of Washington Park", be adopted. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Resolution: Communitv Center Policies Mr. Gary Robinson, Parks and Recreation Director, presented a Resolution to Council that would amend the existing Policies for the Operation of the Anacortes Community Center. Mr. Robinson pointed out that the policy amendment had previously been before Council during two study sessions. Mr. Carlisle moved, seconded by Mr. Rock, that Resolution No. 1385 entitled "A Resolution Amending Policies for the Operation of Anacortes Community Center" be adopted. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Contract Amendment: Hart-Crowser Mr. Ian Munce, Planning Director, summarized the 1994 contractual arrangements between Hart Crowser and the City for the Industrial Park Tideland Sediment Analysis. Mr. Munce also reviewed the history of the City's decision to reduce the leased tideland area. He also discussed the subsequent lease terms and conditions imposed by the Department of Natural Resources and the Department of Ecology, in particular, the requirement to establish a baseline for sediment conditions in both the retained and relinquished tidal areas. Since that initial contract DNR has required additional work in excess of the earlier approved Hart-Crowser Scope of Work. The increased contract amount is $13,500 and Mr. Munce recommends that Council approve the increase. After budget discussion, Mr. Sizemore moved, seconded by Mr. Carlisle to approve the increased contract amount. Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Ordinance: Amendment Weiaht Restriction Residential Solid Waste Mr. Jim Pemberton, Director of Public Works, presented this item to Council and began his review by discussing the human safety and Labor and Industry issues related to the lifting of solid waste containers. He also pointed out that matters of City policies as they relate to sanitation service have been reviewed in Council Study Session. The issue of container weight come out during this review, specifically that the Department of Labor and Industries recommends a 55 pound maximum. However, the City's existing Ordinance provides for a 70 pound maximum and staff recommends that Ordinance be amended to read 55 pounds. Mr. Sizemore asked that more time be provided to review the impacts of this container weight reduction. He then moved, seconded by Mr. Carlisle, to table this item for 30-40 days so that the Solid Waste Committee can review this matter and report its findings to the Council at a Study Session. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. 1996 Caoital Proiects: Public Works Mr. Gordon Bruchner, City Engineer, presented a schedule to Council listing the Capital Improvement projects for 1996. Mr. Bruchner explained that the procedure used last year to bring the results of the bidding or consultant selection to Council rather than first requesting Council permission to bid each item. Mr. Bruchner pointed out that this process had worked well and approval of the 1996 project list now before Council would begin the more efficient process for this year. After correcting some items on the list and discussing the Shannon Point Road waterline replacement project, Mr. Rock moved, seconded by Mrs. Robinette, to proceed with the plans for the .1996 Public Works Capital projects. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Resolution: Desianatina Aoolicant Aa_ent-FEMA Disaster Relief Mr. Sizemore moved, seconded by Mr. Rock, to adopt Resolution No. 1386 entitled "Designation of Agent" authorizing the Director of Public Works, Mr. Jim Pemberton, to be the authorized representative for obtaining federal and/or emergency or disaster assistance funds. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Election of Mavor Pro -Tem Mr. Christiansen moved, seconded by Mr. Carlisle to elect Mr. Bud Rock as Mayor Pro -Tem. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Councilmembers then agreed to discuss Council Standing Committees at the next Study Session. Mrs. Robinette then supported changing the "Correspondence" item on the agenda to be expanded to include other matters. There being no further business, the meeting was adjourned at approximately 9:00 p.m. George Khtaian, City Clerk -Treasurer H. Dean Maxw11 Mayor February 5, 1996 Mayor Maxwell called the February 5, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of January 16, 1996 be approved as if read. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas Mr. Don Balch, 720 Longview, Commander, Brado-Engman-Logan Post No. 4461, VFW, presented a petition to Council calling for a change in the name of Causland Park to "Causland Memorial Park". The park was designated as "Causland Park" in 1919 with a memorial honoring Harry Causland and others who died in World War I. The memorial has been expanded to commemorate those who died in subsequent wars and the proposed name change would more accurately reflect the intent of this park. Mrs. Robinette asked if this change could take place when the next set of Park Department brochures are to be printed. Mr. Bill Mauntel, 810 30th, President of the WA Chapter 382, spoke in support of the name change. Mr. Bret Andrich, 2016 10th Street, speaking on behalf of a group of concerned citizens, asked for assurance from the Mayor and Council that the notification process with regard to the location of sex offenders is addressed and improved. A Level III offender recently moved into an Anacortes neighborhood and the distribution of this information to the local authorities and the adjacent families was not effective. The Mayor assured Mr. Andrich and the audience that he and the Council share their concerns. He thanked the neighborhood group for working with local government in correcting notification procedures. He then encouraged community participation in the City's model auxiliary patrol and reserve police programs. Correspondence/Mavor/Council Communications Mayor Maxwell read a letter from the Economic Development Association of Skagit County (EDASC). The letter thanked the City for its contribution and continuing support of EDASC's efforts to build a strong Skagit County economy. The letter reported over 800 jobs were created in the community during the past year. Mr. Christiansen spoke in support of the request for the Causland Park name change. Ordinance: Solid Waste Mayor Maxwell presented an Ordinance to Council that would change the residential waste container weight limit to 55 pounds. This Ordinance has been before Council in regular and study sessions. The Mayor reported that Labor and Industries recommends a standard 55 pound weight for a 32 gallon container. Mr. Christiansen asked to see the Public Works brochure that would contain this weight information as well as other important sanitation customer information. After discussion, Mr. Rock moved, seconded by Mr. Root, review the Public Works brochure in Study Session and to adopt Ordinance No. 2393 entitled An Ordinance Amending Section 5 of Ordinance No. 1845, Passed and Approved on the 15th Day of December, 1980 and Providing for a Reduction in the Weight of Refuse Containers from 70 lbs. to a Maximum of 55 lbs." Mr. Brown suggested that the Council's Solid Waste Committee review this and other sanitation issues. Mr. Sizemore expressed concern regarding a potential reduction in service, enforcement and public relations. The Mayor reviewed the weight/notification procedure. On a question from Mr. Rock, Mr. Mike Foster, Assistant Public Works Director, discussed the number of habitual overweight cans and discussed the level of detail in the brochure. Vote on the motion: Ayes -Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Consent Agenda Mr. Rock moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Voucher Annroval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on January 18, 1996, January 25, 1996 and February 1, 1996 be approved for payment as of this date, February 5, 1996. Claims Vouchers Jan, 1996 Warrant Numbers 44205 through 44376 in the total amount of $435,798.98 Claims Vouchers Feb, 1996 Warrant Numbers 44411 through 44542 in the total amount of $231,005.35 1209 February 5, 1996 - continued Prewritten Claims Dec, 1995 Warrant Numbers 43633,43781-43783 and 43959 in the total amount of $37,633.90 Payroll Jan, 1996 Warrant Numbers 1593 through 1817 in the total amount of $527,825.18 Draw Payroll Jan, 1996 Warrant Numbers 1467 through 1592 in the total amount of $66,199.00 Council appointed Mr. Scott Gorman to the Library Board. Anneal: Burtness Short Plat Mr. Ian Munce, Planning Director, introduced an appeal submitted by Mr. Gary Wargo of the Burtness Short Plat. By way of background, Mr. Munce reviewed the development of the City's Comprehensive Plan specifically with regard to the need for connecting and through streets throughout the City. The Comp Plan now calls for the platting of routes for through traffic where practical. The Planning and Public Works departments reviewed this 8-lot/cul-de-sac short plat application and required that the applicant provide a connecting street from the 34th cul-de-sac created by the Short Plat to the existing 35th Place. Using an overhead display provided by Mrs. Robinette, Mr. Munce pointed out the surrounding street pattern. Mr. Gary Wargo, 1618 35th Place, clarified that while he has no objection to the overall project, he does opposes project condition # 4 requiring that 34th Street shall be connected to 35th Place by a standard City street. He pointed out that this requirement would Increase traffic to the existing 35th Place and to 34th Street between "K" and "M" Avenues. He said that 34th street was not installed or designed to accept large numbers of bypass vehicles. Stating that the original short plat application, without the connecting street, was approved by the City's public safety departments, he then recommended deleting Condition # 4. In conclusion, Mr. Wargo stated that the connecting street was neither a practical nor reasonable platting of right- of-way. Mr. Kenth Forsman, 1605 35th Street, Mr. Martin Laumbattus, 3409 K Avenue, and Mr. Mike Jarboe, 3406 K Avenue, all spoke in favor of the appeal. Mrs. Margaret Yeoman, 1620 11th Street, recommended that the streets be wide enough to accommodate the traffic congestion. Mr. Torkel Ekstrom, 3310 1 Avenue, said he did not receive notice of this appeal and spoke in favor of the appeal. There were no further public comments. Mr. Munce summarized by saying that the Council could either accept the appeal and delete Condition # 4 and short plat approval would revert to the original cul-de-sac configuration or Council could deny the appeal leaving Condition # 4 standing. Mrs. Robinette discussed the need for connector streets in the community pointing out that isolated neighborhoods have been created in the past. Mrs. Robinette also referred to the need for transportation planning for the unplatted land adjacent to this proposed short plat. She said that the community shares the responsibility for traffic accommodation and that the Burtness short plat connecting street is both reasonable and practical. Mr. Christiansen discussed the potential development in the acreage near the short plat project. After discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to eliminate Condition # 4 requiring a street connection between 34th Street and 35th Place as a condition of the Burtness Short Plat. Vote: Ayes - Christiansen, Rock, Carlisle, Root, Sizemore, Brown. No - Robinette. Motion carried. Public Hearina: Amend 6 -Year TIP Mayor Maxwell opened the Public Hearing to amend the City's Six Year Transportation Improvement Project to include the "D" Avenue shoulder improvements, the 12th Street and Commercial Avenue ADA modifications and the Sunset Avenue bicycle lane. Mr. Jim Pemberton, Director of Public Works, explained that these recommended amendments would provide the opportunity to apply for grant funding through the Transportation Improvement Board and through the ISTEA Enhancement Program. He then described each project in detail. The Mayor then opened the hearing to public comment. Mrs. Margaret Yeoman, member of the Friends of Washington Park, endorsed the Sunset Avenue bike path project. Mr. Bill Morningred, 1606 "D" Avenue, asked for the schedule dates for the "D" Avenue project. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to approve the amendments to the City's 6 -year TIP as presented by the Public Works Department. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Job Description: Staff Enaineer Mr. Gordon Bruchner, City Engineer, pointed out that the job description would allow for the hiring of a computer -literate engineer so that the City's existing traffic flow and water/sewer planning software could be utilized. Mr. Carlisle asked for clarification on the "condition of employment" wording. Mr. Christiansen asked for clarification on the phrase "Develops and maintains ...computer software ", clarification on technical qualifications, and recommended the addition of the word "develop" and removal of the word "a" from Essential Job Functions, #1 .1210 February 5, 1996 - continued clause. With those amendments, Mr. Christiansen moved, seconded by Mr. Brown, to approve the job description. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Council Standina Committees Mayor Pro -Tem Bud Rock announced that the Council Committee of the Whole met on January 22, 1996, and discussed the Council retreat and Councils standing committees. Mr. Root moved, seconded by Mr. Sizemore to approve the Council standing committees as recommended by the Committee of the Whole and by the Mayor Pro -Tem. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette, Rock, Motion carried. Resolution: Publication of Notices and Ordinances Mayor Maxwell introduced a Resolution to Council that establishes a policy with regard to the publication of notices and ordinances. Mrs. Robinette explained that this Resolution is a result of discussions held by Council in Study Session. Mr. Rock recommended that the budgeted amount for this purpose not appear in the Resolution. Mr. Christiansen moved, seconded by Mr. Brown, that Resolution No. 1387 be adopted. Vote; Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. February 6th Joint Meetina with Citv/Port of Anacortes Mayor Maxwell announced that the City and the Port would hold a joint meeting on the evening of February 6th at 7:00 p.m.. The purpose of the meeting will be to exchange information regarding purpose and functions of the Council and Mayor and Port Commissioners and to develop an open dialogue. There being no further business, the meeting was adjourned at 9:15 p.m. 1211 February 20, 1996 Mayor Maxwell called the February 20, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ben Root, Ray Sizemore. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mrs Robinette recommended the following corrections to the minutes of February 5, 1996: page 2, ADoeal: Burtness Short Plat, 3rd sentence: "The Comp Plan now calls for the plattting of routes for through traffic where practical."; and page 3, Council Standina Committees, 1st sentence: "Mayor Pro -Tem Bud Rock announced that the Council Committee of the Whole met on January 22, 1996 and discussed the Council retreat and Council standing committees." With those changes, Mr. Rock moved, seconded by Mr. Carlisle, that the minutes be approved. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No public comments were submitted. Correspondence/Mavor/Council Communications Mayor Maxwell introduced the 2nd recipient of the Employee of Merit award, Mr. Chuck Arneson, Anacortes Parks and Recreation Lead Worker. The Mayor thanked Mr. Arneson for his years of quality service to the citizens of Anacortes. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Brown. Motion carried. Voucher Approval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 8, 1996 and February 15, 1996 be approved for payment as of this date, February 20, 1996. Claims Vouchers Feb, 1996 Warrant Numbers 44573 through 44771 in the total amount of $217,493.15 Prewritten Claims Jan, 1996 Warrant Numbers 44101, 44102, 44318 in the total amount of $6,302.75 Council adopted Resolution No. 1388 authorizing approval of an Electronic Fund Transfers policy and a Manual Warrants Procedure policy; Resolution No. 1389 amending Resolution No. 740 pertaining to unsold surplus assets; Ordinance No. 2394 amending the 1996 Budget by reflecting additional expenditures and revenues in the General and Library Funds. Public Hearina:Fidalao Bav Resort/Delete "Sinale Ownership" Condition Mayor Maxwell opened the Public Hearing on a request by the owners of Fidalgo Bay Resort, Richard and Barbara Stockwell, to change the ownership structure of the Resort from single ownership to condominiums with a Home Owner's Association to enforce covenants and restrictions. Mr. Ian Munce, Planning Director, pointed out that the Fidalgo Bay Resort project was previously approved by the City requiring both a Conditional Use and Shoreline Permit. Mr. Munce then said that while City ordinances address the requirement that a recreational vehicle park be under single ownership, the Stockwell's proposal highlights the questions does the Condominium Association meet that requirement and does the State Condominium Act prohibit cities and counties from regulating condominiums as a separate type of ownership. Mr. Munce directed the Council to letters in their packet from the Stockwell's attorney and from the City Attorney, Steve Mansfield, addressing this issue. Agreement has been reached between the Planning staff, legal departments and proponent that any ownership structure be set up such that the City can enforce the conditions placed on this project, both during construction phase and of an ongoing nature. In particular, Mr. Munce discussed the condition that individual occupants of a space only be there no more than 6 months/year. Draft covenants submitted by the Stockwells address the City's conditions. The Planning Commission held a Public Hearing on this matter and recommended approval with the addition of a condition "No RV shall remain on an individual pad for more than one year at a time." In order to address the monitoring of the existing project conditions, staff recommends a second additional condition, "Final approval shall be subject to the Mayor determining that all City requirements have been met and all fees paid." Using an existing Anacortes RV Park as an example, Mr. Carlisle expressed concern that the RV Resort could become a mobile home park. He also discussed Weaverling Road and Fidalgo Bay Road development. Public Works Director, Jim Pemberton, explained the road development conditions and costs. Mrs. Robinette asked what impact this proposed ownership change would have on sewer rate computations. The Mayor then opened up the hearing to February 20, 1996 - continued public comment. Mr. Malcolm Lorente, 3820 W. 4th Street, asked how a time limit can be imposed if a space is privately owned. Mr. Richard Stockwell, clarified that the Covenants, Conditions and Restrictions and Homeowners documents specifically deal with owner duties, requirements and obligations. On a question from Mr. Christiansen, Mr. Stockwell replied that, with the condition recommended by the Planning Commission, the models on display at the RV park would no longer be appropriate. Mr. Stockwell answered questions about the existing computerized system for tracking occupant length of stay. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Carlisle explained the powers and duties of the Board of Directors of a marine condo association specifically with regard to enforcing tenant rules. Mrs. Robinette asked for verification that the General Facilities Charge Ordinance allows for adjustments to the Park's utility rates. Mr. Munce answered that this issue is addressed in the Declaration of Covenants, Conditions and Restrictions. After discussion, Mr. Carlisle moved, seconded by Mr. Brown, to approve the request to delete the single ownership requirement together with the addition of the two new conditions. Vote: Ayes - Robinette, Rock, Carlisle, Brown, Christiansen. Motion carried. Resolution: Identifvina Name of Causland Memorial Park Mayor Maxwell presented a Resolution to Council that would formalize a request to identify the official name of Causland Park to be Causland Memorial Park. Mr. Rock moved, seconded by Mr. Carlisle, that Resolution No. 1390 be adopted. Vote: Ayes - Rock, Carlisle, Brown, Christiansen, Robinette. Motion carried. There being no further business, the meeting was adjourned at 8:30 p.m. 17eordfhtaian, / �-r H. Dean Maxw6ll, Mayor 1213 March 4, 1996 Mayor Maxwell called the March 4, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ben Root. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Carlisle moved, seconded by Mr. Brown, that the minutes of February 20, 1996 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No public comments were submitted. Mavor/Council Communications Mayor Maxwell announced an opening for a non -fiduciary member of the Skagit County Community Health Council. The Mayor then read a letter of thanks from the Arts Coalition of Anacortes for the grant for brochures. Mrs. Robinette complimented the Coalition on the quality of the brochures. Resolution: Aareement. Citv of Anacortes and Skaait Countv Communitv Action Aaencv Mayor Maxwell said that this item would be removed from the Consent Agenda so that the information may be reviewed by the Council and the audience. As the City's representative to the Community Action Agency, Mr. Ian Munce reported that the Agency is a local non-profit corporation that works on critical needs of low-income individuals and families in Skagit County. The agreement before Council is for $5,600 a portion of which is earmarked for Skagit Rape Relief and battered women services. On a question from Mr. Christiansen, Mr. Munce said that the annual report required by the agreement was presented to the City in January. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Resolution No. 1391 authorizing execution of a memorandum of agreement between the City and Skagit County Community Action Agency. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Voucher Aooroval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 22, 1996 and February 29, 1996 be approved for payment as of this date, March 4, 1996. Claims Vouchers Mar, 1996 Warrant Numbers 44776 through 44875 in the total amount of $232,954.56 Draw Payroll Feb, 1996 Warrant Numbers 1818 through 1942 in the total amount of $65,799.00 Council adopted Resolution No. 1392 adopting a revised and extended comprehensive street program including amendments to the 6 -year TIP. Consideration: Shannon Point Road Waterline Bids Mr. Gordon Bruchner, City Engineer, presented a list of the bids received for the Shannon Point Road Waterline Project. Mr. Brown moved, seconded by Mr. Sizemore, to accept the low bid from A R and Company, Arlington, Washington in the amount of $87,142.78. In response to a question from Mr. Carlisle, Mr. Bruchner explained that a portion of the funding for this project will come from the State of Washington/Western Washington University Marine Lab. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Public Hearina: Conditional Use Aoolication - Island View School Expansion (This Hearina is on tape and filed at Cibr Halll Mayor Maxwell opened the Public Hearing on a Conditional Use Application submitted by the Anacortes School District for the expansion and improvement project for Island View Elementary School, 26th Street and "J" Avenue. Mr. Ian Munce, Planning Director, started his summary review with an overhead display showing the relationship of the project area to the surrounding neighborhoods. Mr. Munce explained the Conditional Use criteria for significant expansion of a school. The second overhead displayed the current building layout revised from the original as a result of input from the School Administration and neighbors. He concluded by reporting that the Planning Commission voted to recommend approval of this project subject to 6 conditions. Mr. Munce then introduced Mr. Marc Estvold, architect for the project, and Mr. Brian Young, Facilities Planner for the Anacortes School District. Mr. Young presented a history of School District activity dating back to 1992 with regard to studying physical condition of school buildings, enrollment, programmatic and capital needs and development of a Master Plan. Questionnaires, teacher/parent groups and public meetings were used to help prioritize work to be done at each site. On the third attempt a bond passed for the improvements now before Council. Mr. Marc Estvold, 3110 Commercial Avenue, architect, then discussed the actual building design. He showed the original design and reviewed the modifications made to it after neighborhood meetings were held. In response to 1 c_ March 4, 1996 - continued those neighborhood concerns the building has a new angled configuration, a sloping roof design to provide extra space for air handling systems, and a lowered roof over the polygon to mitigate view loss. In response to a question from Mrs. Robinette, Mr. Estvold explained that the height of the flat spot over the polygon is approximately 28', the tops of the cupolas are approximately 27', and the classroom roofs are at approximately 22'. He also answered a question on the use of the new rooms as support facilities, multi-purpose room and computer room. Mr. Gerald Watson, 2701 "J" Avenue, said he has attended meetings on this matter with the School District, and questioned the open -beam ceiling on the addition and said that the improvements will block his view of the water. There were no further comments and the Mayor declared the Public Hearing closed. After discussion Mrs. Robinette moved, seconded by Mr. Brown, to approve the Conditional Use Application to expand the Island View School facility subject to the conditions outlined in the Findings of Fact and Conclusions of Law. Mr. Christiansen expressed concern that these improvements would further impact a residential neighborhood. Vote: Ayes - Rock, Brown, Christiansen, Robinette. No - Carlisle, Sizemore. Motion carried. Public Hearina - Planned Unit Development Preliminary_ Develoament Plan - Woodridae (This Hearina is on tape and filed at Citv Halll Mayor Maxwell opened the Public Hearing on a Planned Unit Development application submitted by Homestead Northwest, Inc. for the development of 44 single family residential units on 13 acres with some mitigated wetland encroachment for access and utilities and some on-site density transfer to avoid some wetland areas. The project, to be known as Woodridge, is generally located west of the Anacortes airport and east of Cypress Drive and south and west of Blakely Place in the Clearidge Addition. Mr. Munce reviewed the difference between the Planned Unit Development (PUD) and standard subdivision administrative processes. The first step in a PUD is the preliminary development plan, or in essence the concept stage. If the concept stage is approved with conditions then at step 2, Final Development Plan, the applicant submits full engineering plans. At step 3, Final Plat, utilities and improvements are installed and lots can be sold. Using overhead"displays, Mr. Munce pointed out the project access points at Blakely Place and Cypress Drive and showed the through street pattern with an alley for a portion of the lots. He also pointed to the two wetland sites on the property. Although no buffers are required, the applicant has proposed buffers. The underlying zoning would allow for 49-50 units and the Woodridge PUD proposes 44 units. With the understanding that wetland buffer and site buffer areas are significant, the PUD ordinances encourages applicants to cluster homes on smaller lots and to set aside buffer area. The open space responsibility and stormwater plan issues will be fully addressed and finalized in the Final Development Plan step if the project goes forward. In conclusion, Mr. Munce reported that the Planning Commission voted to recommend approval of this project subject to 17 conditions. Mr. Bob Libolt, 317 Edgewater, Lynden, representing Homestead, discussed the advantages of combining the two separately owned parcels to provide the project's two access points. He also discussed the project as a transitional area, the stormwater management plan, the one lot that abuts neighboring subdivision, the project compatibility with neighborhoods, the success of alley -access configuration, and the neo -traditional architectural design. Mr. Bob Scoll, 4605 Cypress Drive, discussed procedural matters regarding public testimony and written submittals, setting of maximum and minimum requirements and submitted a March 4, 1996 letter to Council, and discussed negative impacts anticipated from this project. Mr. Dean Hofferth, 4609 Cypress Drive, discussed buffer area setback and buffer zone and suggested reducing buffer areas to increase lot sizes, discussed homeowner responsibility for open space, and said that the project is not compatible with surrounding neighborhood. Mr. Steve Myers, 2011 Piper Circle, said the project does not fit in to the Skyline/Clearidge area. Mr. Dave Kaiser, 4514 Guemes View, distributed photos of a similar project in Lynden and submitted an overhead showing his site plan concept with the buffers reduced and the lots reconfigured to, in part, accommodate recreational vehicles. Mr. Jeff Hammer, 4607 Cypress, said this project would create more traffic in front of his house. Mrs. Yvonne Cote, 4717 Cypress Drive, suggested that the proponent be required to move the existing tennis courts and said the project as presented is too dense. Mrs. Karen Ray, 4716 Cypress Drive, supported comments already made during the hearing and spoke against the proposed lot size and against narrow street widths. Mrs. Jean Kliewer, 4611 Guemes View, supported comments made during hearing and suggested the objections be accommodated. Mr. Rod Kinney, 4601 Glasgow Way, supported comments already made during hearing and said that the project would create too much traffic for the area. Mr. Malcolm Lorente, 3820 West 4th St., spoke against alleys and encouraged a review of the proposed setbacks. Mr. Dave Kiser, 4514 Guemes View, spoke again and asked why an alley was proposed. Mr. Jim Wynstra, representing Homestead, described the advantages of a project designed in the neo -traditional homes with alleys and the advantages of diversity in housing design and preservation of the trees in the buffer area. Mr. Norm Ainslie, 1805 Piper Circle, discussed project density and asked for an explanation. The Planning Director explained the history of the zoning in the project area. Mr. Ronald Ray, 4716 Cypress Drive, spoke against the project. Mr. Greg Hobson, 1903 Piper Circle, owner of the smaller of the two project parcels, spoke in favor of the project layout and buffers. Mrs. Janet Knowles, 1808 Piper Circle, suggested some of the buffer be used to create larger lots. Mr. Elton Hanneman, 2003 Piper Circle, spoke in favor of the project saying that the buffer would project the surrounding neighborhoods. Mr. Max Kliewer, 4611 Guemes View, spoke against 1215 March 4, 1996 the project street and lot layout. Mr. Bob Scoll, 4605 Cypress Drive, spoke again, asked if the open space calculation included wetland area. Mr. Bob Libolt, Homestead, pointed out that this project is at the end of the Clearidge street system. Mr. Doug Terry, 1903 Blakely Place, spoke in favor of the project. Mr. Bob Scoll, 4605 Cypress Drive, questioned lot coverage calculations including driveways. There were no further comments and the Mayor declared the Public Hearing closed. Council and staff discussion began with a question to Mr. Jim Pemberton, Director of Public Works, regarding the traffic counts recently taken on Glasgow/Cypress Drive in Clearidge. The Planning Director then described setbacks and land coverage requirements through the PUD process. Additionally, he reported that the Planning Commission conditioned the project so that that lots cannot be smaller than shown in the proposed site plan. Council members discussed their concern for the close proximity of homes from a safety point of view. Mrs. Robinette suggested that there is a segment of the population that supports subdivisions separated and buffered with significant trees and with smaller lots. At the conclusion of the discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to continue decision on this matter to the March 18, 1996 Council meeting, and directed staff to improve on the Findings of Fact in the following manner: include draft conditions in the areas of side setbacks, RV and boat storage, and 35% maximum lot coverage on each and every lot; to include language in the Findings relative to traffic figures and with regard to driveways for the homes that do not have alleys. Vote: Ayes - Carlisle, Sizemore, Brown, Robinette, Rock. No - Christiansen. Motion carried. Skaa_ it Countv Solid Waste Management Plan The Public Works Director introduced a February 27, 1996 memorandum in which he sought Council approval of the Skagit County Solid Waste Management Plan. After discussion, Mrs. Robinette moved that the Council request that the Public Works Subcommittee on Solid Waste meet with Public Works Director and draft an amendment, using the Skagit County Solid Waster Management Plan amendment process that would apply to all cities relative to their ability to have more operational flexibility. Further, this meeting was to be continued until next Monday evening for the City Council to consider the Subcommittee's recommendation and to consider voting on the Solid Waste Plan and the amendment to be drafted by the Subcommittee. The motion was seconded by Mr. Rock and passed unanimously. Consultina Services IFM Studv: Water Riahts The Public Works Director then introduced a February 27, 1996 memorandum regarding consulting services relative to confirming City water rights on the Skagit River. Mr. Pemberton explained progress to date and concluded by stating that he would proceed to negotiate a consultant contract for project scoping and bring this back to the City Council for their review and consideration. Executive Session At approximately 11:00 p.m. the Mayor announced that the Council would convene in Executive Session to discuss land transactions. At approximately 11:30 p.m. the Council reconvened and without taking any further action continued the meeting of March 4, 1996 to Monday, March 11, 1996. Continued Meeting of March 4, 1996 held on March 11, 1996 Mayor Maxwell called the continued City Council meeting to order at approximately 7:30 p.m. Roll call found present: Bud Rock, Ben Root, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. The City Council's Solid Waste Subcommittee then introduced a Resolution that would adopt the Skagit County Solid Waste Management Plan and requested some housekeeping changes through the interlocal agreement process that will be used to implement this plan. Ms. Robinette urged the Council to make the so-called housekeeping adjustments part of the formal plan approval process. There was considerable discussion on the merits of this approach. At the conclusion of this discussion, Councilman Rock moved that the City Council adopt the Resolution and Subcommittee recommendation as presented at the outset of this evening's meeting. The motion was seconded by Councilmember Root. Vote: Ayes - Root, Brown, Christiansen, Rock. No - Carlisle, Sizemore, Robinette. The Resolution was passed and assigned No. 1393. The City Council meeting adjourned at 8:00 p.m. KhiaZnn, Cit Jerk -Treasurer --7j,L ell, Mayor H. Dean Maxw March 18, 1996 Mayor Maxwell called the March 18, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of March 4, 1996 and March 11, 1996 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Abstain: Root. Motion carried. Citizen Hearinas No public comments were submitted. Mavor/Council Communications. Mayor Maxwell said that TCI Cablevision asked that two councilmembers attend TCI's March 29, 1996, 9:00 a.m. meeting to assist in the development of the city-wide Cablevision survey. Mrs. Robinette said that this survey and a subsequent public hearing on survey results are requirements of the City's franchise agreement with TCI. On the City's behalf, Mr. Rock, Mr. Christiansen, and Mr. Root will participate in the March 29th meeting. Mayor Maxwell announced that with the retirement of Fire Chief, Bill Ross, the City will hold an assessment center for the hiring of a new Fire Chief. Woodridae Planned Unit Development: Deliberation/Action Mr. Ian Munce, Planning Director, addressed this item for the Mayor and Council. At the conclusion of the Public Hearing on this matter staff was directed to provide additional information on concerns raised during the taking of testimony on the preliminary development plan for this project. Issues raised were impacts to the easterly wetlands, access road location, increased lot sizes, setbacks and eaves encroachment, RV and boat storage, and recalculation of open space. In response to these concerns, the applicant has revised the lot layout site plan and the Planning Director resubmitted the project conditions to reflect the new lot layout. Mr. Carlisle discussed the covenants and restrictions regulating the proposed RV and boat parking area. In response, Mr. Munce said that when the Final Development Plan and CC and R's for this project come before the Planning Commission for approval, the section of the CC & R's regulating the RV parking area will be circulated to Council for review. Mrs. Robinette spoke in favor of the original site plan cluster concept and spoke against reduction of the project buffer areas. At the conclusion of the discussion, Mr. Carlisle moved, seconded by Mr. Brown, to approve the Preliminary Development Plan of the Woodridge PUD subject to the 17 revised conditions contained in the project Findings of Fact and Conclusions of Law. Mr. Christiansen then moved to amend the motion to revise Condition # 15 in the following manner: "Based on the Final Development Plan design the City Council will make the decision as to whether or not to accept the open space dedication or require that the open space be managed by a Home Owners Association." Mrs. Robinette seconded the motion to amend. Mr. Sizemore then discussed the increased traffic flow in this area and suggested that resolution to the west end traffic issues should come before any additional west end projects are approved. Mr. Sizemore asked that staff provide updated traffic data but procedurally no new information can be introduced without holding a new public hearing. Vote on amendment: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root. No: Sizemore. Motion carried. Vote on motion: Ayes - Christiansen, Robinette, Rock, Carlisle. Abstain: Root. No - Sizemore. Motion carried. Mayor Maxwell announced that Item c. would be removed from the Consent Agenda. Consent Agenda Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the following Consent Agenda items. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Voucher ADDroval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 7, 1996 and March 14, 1996 be approved for payment as of this date, March 18, 1996. Claims Vouchers Mar, 1996 Warrant Numbers 44882 through 45071 in the total amount of $329,783.80 Prewritten Claims Feb, 1996 Warrant Numbers 44377, 44543, 44556, 44772-44775 in the total amount of $6,809.83 Payroll Feb, 1996 Warrant Numbers 1949 through 2177 in the total amount of $503,190.30 Council adopted Resolution No. 1394 setting April 15, 1996 as the Public Hearing date on a Petition to Vacate a portion of "C" Avenue. 1217 March 18, 1996 - continued Consent Aaenda Item c: Findinas of Fact: Anacortes School District Conditional Use Mrs. Robinette moved that the Findings of Fact and Conclusions of Law for the Island View Elementary School Conditional Use Permit be approved with the addition of the following: Finding 2.4 "The height of the flat spot over the polygon is to be approximately 28', the top of the cupolas are to be approximately 27', and the classroom roofs are to be approximately 22"', and with the addition of the phrase, "...as qualified in Finding 2.4." to Condition # 1. Mr. Brown seconded the motion. Vote: Ayes - Robinette, Rock, Brown, Christiansen. No - Carlisle, Sizemore. Abstain: Root. Motion carried. Resolution: Reaulatory Reform Procedures The Planning Director, Mr. Ian Munce, reviewed the annual planning cycle and code amendment review. Expressing appreciation for assistance from Councilmembers Carlisle and Robinette, Mr. Munce described the regulatory reform process and the resulting new land use policies and procedures to take effect April 1st. Mr. Carlisle then moved, seconded by Mr. Sizemore, to adopt Resolution No. 1395 adopting local procedures for implementation of the Regulatory Reform Act and Zoning and Subdivision Ordinance mandates. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Resolution: Prooertv Sale to Bill Wooding The Planning Director, Mr. Ian Munce, submitted a Resolution and Real Estate Purchase Agreement between the City of Anacortes and Mr. Bill Wooding for Council review and approval. Using an overhead display, Mr. Munce reviewed the current Urban Renewal tenants and current uses of the property. Mr. Wooding has proposed to option 3 acres at $4.75/square foot payable before the end of 1997. A lease option fee negotiated with Mr. Wooding proposes that Mr. Wooding shall gravel and grade, and asphalt and stripe the Urban Renewal parking lot the City currently leases from Mr. Iry York. Mr. Munce has also discussed landscaping of the parking lot with a local service club. Discussion following regarding the disposition of this property. Mrs. Robinette moved to approve the sale of the property at $4.75/square foot payable in 6 months. Motion died for a lack of a second. Mr. Sizemore then moved, seconded by Mr. Brown, to adopt Resolution No. 1396 authorizing a Real Estate Purchase Agreement, including Consideration, between the City of Anacortes and Mr. Bill Wooding. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen. No - Robinette. Motion carried. Comm-Exco Contract for Anaco Beach Road Imorovements Mr. Jim Pemberton, Director of Public Works, reported on a bid award to Comm-Exco to construct improvements on Anaco Beach Road. The bid award was $460,248.90 and the contract was completed in November of 1994. Since that time there has been a dispute between the City and Comm-Exco on bid document quantities. The parties met in mediation and the settlement amount agreed to will bring the total contract amount to $643,651.49. Mr. Brown moved, seconded by Mr. Sizemore, to accept the total contract price and to accept the project as complete and that the retainage be released. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Resolution: Temoorary A000intment Mr. Steve Mansfield, City Attorney, presented a Resolution to Council that designates Gerald Knutsen to act as Deputy City Clerk in the absence of Judy Grace, and designates Judy Grace to act at Deputy City Treasurer in the absence of Jenifer Troxel. These designations are necessary as the Finance Director, Mr. George Khtaian, is absent from the City on medical leave. Mr. Rock moved, seconded by Mr. Sizemore, to adopt Resolution No. 1397. Mrs. Robinette commended the capable staff of the Finance Department. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried Skateboard Park Mayor Maxwell reported that meetings have been held regarding the development of a skateboard park. Discussions have been held regarding a site on Port property. Councilman Root is on a planning committee on this matter. Mr. Root then broached the use of City park property as a skateboard park. Meetina Continuation At approximately 9:10 p.m. Mayor Maxwell continued the meeting of March 18, 1996 to Monday, March 25, 1996 at 7:00 p.m. for the purpose of conducting an Executive Session to discuss labor negotiations. The executive Session will last approximately 30 minutes and at that time the meeting will be continued to April 1, 1996 at 4:00 p.m. at the Airport parking lot to conduct a site visit. Continued Meeting of March 18, 1996 March 25, 1996 Mayor Maxwell called the continued meeting of March 18, 1996 to order at 7:00 p.m. The Mayor announced that the purpose of the meeting continuation was to convene in Executive Session for 30 minutes to discuss labor negotiations. Councilmembers met with the Mayor, the City Attorney and the Human Resource Director. At approximately 7:30 p.m. the Council reconvened and without taking any further action, continued the Meeting to Monday, April 1, 1996 at 4:00 p.m. for the purpose of conducting a site visit. April 1, 1996 Mayor Maxwell convened the continued meeting of March 18, 1996 at 4:00 p.m. at the Port of Anacortes Airport parking lot to conduct a site visit in conjunction with a Public Hearing scheduled for April 1, 1996, 7:30 p.m., for the Ship Harbor Residential Community Planned Unit Development proposal. Present at the site visit were Mayor Maxwell, Planning Director Ian Munce, Councilmembers Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ben Root and Bud Rock. At approximately 4:40 the site visit was concluded and there being no further business, the Mayor adjourned the meeting. Ge79 Khtai?ln, ity erk-Treasurer April 1, 1996 H. Dean Maxwell, May /,_� Mayor Maxwell called the April 1, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ray Sizemore, Ken Brown. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Carlisle moved, seconded by Mr. Christiansen, that the minutes of March 18, 1996 be approved as if read. Vote: Ayes - Root, Christiansen, Robinette, Rock, Carlisle. Motion carried. Councilman Sizemore entered the Council Chambers at 7:40 p.m. Citizen Hearinas Mr. Andy Mayer, Executive Director of the Anacortes Chamber of Commerce, expressed appreciation for the funding for the Chamber's advertisement in the Washington Lodging and Travel Guide, 1996/97. He then reported on the responses to the ad to date. Mr. Malcolm Lorente, 3820 W. 4th St., protested the number of green yard waste containers left for long periods of time at curbside. He also inquired about the construction debris left by the TCI Cablevision contractors. Mavor/Council Communications Mayor Maxwell read a letter from the Waterworks Certification Board, Department of Health congratulating Mr. Rodney N. Bray on receiving a Certificate of Competency as a Water Treatment Plant Operator 1. Mayor Maxwell then reported that he would forward citizen complaints to TCI and would also alert the City Inspector. The Mayor then announced that anyone wishing to serve on a Council/Citizens Advisory Board with regard to implementation of a TCI community -wide survey should contact Mayor Pro -Tem, Mr. Bud Rock. Mayor Maxwell asked for citizen volunteers to serve on the Museum and Housing Authority Boards. Mayor Maxwell then announced that Item b. would be removed from the Consent Agenda. Consent Aaenda Mr. Root moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Voucher Aooroval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 21 1996 and March 28, 1996 be approved for payment as of this date, April 1, 1996. 1219 April 1, 1996 - continued Claims Vouchers Apr, 1996 Warrant Numbers 45077 through 45256 in the total amount of $350,061.14 Prewritten Claims Mar, 1996 Warrant Numbers 44877-44879, 44881, 45072-45076 in the total amount of $124,274.98 Draw Pavroll Mar,1996 Warrant Numbers 2180 through 2353 n the total amount of $67,034.00 Council approved the cancellation of Claims Warrant # 43237 in the amount of $90.00 Consent Aaenda Item b: Findinas of Fact: Woodridae PUD Mr. Carlisle moved, seconded by Mrs. Robinette, that the Findings of Fact and Conclusions of Law for the Woodridge Planned Unit Development Preliminary Development Plan be amended in the following manner: Condition # 17 shall read: :The internal road and RV and boat storage shall be located generally as shown on the attached conceptual plan." Vote: Ayes - Robinette, Rock, Carlisle, Root, Christiansen. No - Sizemore. Motion carried. Lease Aareement: Anacortes Arts Foundation/Depot Art Center Mrs. Maria Petrish, President of the Anacortes Arts Foundation, began her presentation by distributing photographs of the current extensive renovations underway at the Burlington Northern Depot now known as the Depot Arts Center. The Arts Foundation is the organization charged with the responsibility to maintain, refurbish and provide a community art center at the Depot. As representatives of the diverse groups that use the Depot for their activities, the Youth Symphony and Senior Tap Dancers performed and the Depot Farmer's Market brought samples of baked goods. Mr. Steve Mansfield, City Attorney, reviewed the 10 -year lease agreement between the City of Anacortes and the Anacortes Arts Foundation. He pointed out that the agreement includes an option to renew for five years and clarified that any work done to the Depot is extended throughout the entire lease term. Mr. Carlisle moved, seconded by Mr. Rock to approve the Lease Agreement. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Christiansen. Motion carried. Public Hearina: Preliminary_ Development Plan/Shio Harbor Residential Community Planned Unit Development Mayor Maxwell opened the Public Hearing on a Planned Unit Development Preliminary Development Plan application submitted by the Ship Harbor Land Company, Inc. Mr. Christiansen declared a potential appearance of fairness conflict with regard to employment interests. While Mr. Christiansen asked to remain a voting member of the Council during this hearing, a challenge was issued from a member of the audience and Mr. Christiansen withdrew from consideration of this matter. Mr. Ian Munce, Planning Director, reviewed the two previously submitted Planned Unit Development projects submitted on this property generally located adjacent to the Anacortes Airport off of Anacopper Road. At one time this project included a golf course and several hundred residential units. However, without Port of Anacortes and FAA approval, the current proposal does not include a golf course and proposes no more than 200 homes on a 50 -acre project site. Mr. Munce pointed out that 150 lots are already approved based on existing plats and many of the restrictions/conditions attached to the PUD permit would not be applicable if the owner developed under existing plat conditions. Having visited the site earlier in the day, Councilmembers were able to walk the project site and familiarize themselves with the terrain. Mr. Munce then reviewed the traffic impact fees to be earmarked for intersection improvements at Anacopper Road and Oakes Avenue. He also discussed the phased aspect of both West 10th and Kansas development and of a right-of-way connection to Kingsway. The Planning Commission recommended approval subject to 23 conditions. Mr. Munce then reviewed the Planned Unit Development land use permit process. Mr. Robert Taylor, Ship Harbor Land Development Co. reviewed the history of the PUD applications previously submitted. While the golf course proposal is still very much a development goal, at the present time the best approach for this site is a 200 -unit PUD on 50 acres. He then described the proposed lot layout concept and stated that he is in agreement with the conditions recommended by the Planning Commission. The project would be developed in 3 phases depending, in part, on future golf course negotiations. Mr. Carlisle then discussed the Port's airport T -hangar development plans with the applicant. Mr. Tom Preston, 1905 Anacopper Road, first passed out a letter to Council and staff. He then expressed concern that there is not sufficient information available regarding stormsewer system, 30' buffer and other development issues. Ms. Lois Elber, 3813 W. 3rd, representing the neighborhood coalition, reemphasized opposition to cluster housing, increased density, asked for a Public Hearing on the Kingsway connection, emphasized need for signal at Anacopper Road to be paid for by the developer, and said that street development should extend to Kansas. Mr. Dick Johnson, 2403 Highland Drive, distributed copies of his testimony to the Council. Although he had no objections to the concept design, he addressed avigation easement language and spoke against the 30' buffer. Mr. Ross O. Barnes, 104 Harbor Lane, representing the Friends of Anacortes Community Forestlands, reviewed those project conditions that refer to or affect the forestlands. There were no further comments and the Mayor declared the Public Hearing closed. April 1, 1996 - continued Council discussion then followed. On a question from Mr. Rock, Mr. Munce explained that the long standing existing plats do not have an avigation easement associated with them. The Port, FAA and State Department of Transportation require that avigation easements be in place and the applicant is not opposed to this requirement. Mr. Carlisle suggested striking Condition # 12, avigation easements, and Mr. Sizemore discussed Condition # 21, and traffic installation and impact fees. Discussion followed regarding current traffic studies. Mr. Carlisle then moved to approve the Ship Harbor Residential Community Planned Unit Development Preliminary Development Plan with the proviso that Condition # 12 be deleted and that Condition # 24 be added: " A Public Hearing will be held before the Planning Commission at the Final Development Plan stage ". Motion died for a lack of a second. Mrs. Robinette moved to approve the Ship Harbor Residential Community Planned Unit Development Preliminary Development Plan with the addition of Condition # 24. Motion died for a lack of a second. Mr. Rock moved, seconded by Mr. Root, to table deliberation and decision on this matter for two weeks.. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Robinette. Motion carried. Mr. Christiansen returned to his seat. Ordinance Establishina Purpose of Museum and Powers of Advisory Board Ms. Karen Marshall, Museum Director, based on her departmental review and on the recommendation of the Museum Assessment Program, the Ordinance regulating the Museum activities has been revised. Complimenting the work done on this Ordinance by the Museum Department, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2395 entitled "An Ordinance Establishing the Purpose of the Anacortes Museum and the Powers and Duties of the Museum Advisory Board for the City of Anacortes. Vote: Ayes - Carlisle, Root, Sizemore, Christiansen, Robinette, Rock. Motion carried. Resolution: S. March Point Annexation: Set Public Hearina Date Mr. Ian Munce, Planning Director, asked for action from Council to schedule a Public Hearing thereby acknowledging receipt of annexation petitions by property owners representing approximately 63% of the assessed valuation of the South March Point/Highway 20 Corridor. Mr. Root moved, seconded by Mr. Carlisle, to adopt Resolution No. 1398 entitled "Setting the Regular City Council Meeting of Monday, April 15, 1996 at 7:30 P.M. in the Municipal Building Council Chambers as the Place and Time for a Public Hearing on a 60% Annexation Petition for the Highway 20/March Point Corridor'. This Resolution noted that on May 22nd 1995 the City Council had determined that the Annexed Area will be subject to alternative zoning and will assume its pro rata share of the City's existing debt. Specifically, the Annexation Petitions contain the statements that..."2.3 Owner understands that the Annexation Area shall be assessed and taxed at the same rate and on the same .basis as other property within the City, including assessments or taxes in payment of any bonds issued or debts contracted prior to or existing at the date of annexation. 2.4 Owner understands that the zoning designation of the annexation Area at the date of annexation shall be that set forth in Exhibits C, D1, and D2..." Vote: Ayes - Root, Sizemore, Christiansen, Robinette, Rock, Carlisle. Motion carried. Saeed Limit: Anaco Beach Road Mr. Carlisle began the discussion on this matter by saying that the subject of increasing the speed limit along Anaco Beach Road to 35 miles per hour was discussed by Council last year following completion of the Anaco Beach Road street improvements. The speed limit increase was also reviewed by the Traffic Safety Committee with a recommendation for approval. Also, speed studies were conducted by the Public Works Department. After personal observation and review of speed study data Mr. Carlisle recommends that the speed limit be increased for that section of Anaco Beach Road between Bryce Drive and Sunset Avenue. On a question from Mr. Sizemore, Police Chief King reviewed enforcement issues regarding two closely positioned speed zones. Discussion followed regarding sight distance and driving patterns on Anaco Beach Road and the steep hill and sharp turns to the south. On a question from Mr. Sizemore, the City Attorney said that liability is most often premised on improper signing as opposed to speed limits. After discussion, Mr. Carlisle moved, seconded by Mr. Root, that the speed limit be increased to 35 m.p.h. on Anaco Beach Road from Sunset Avenue to the City Limits, and to review this matter in one year to determine the effects of the increased speed limit. Vote: Yes - Root. No - Sizemore, Christiansen, Robinette, Rock, Carlisle. Motion failed. Mr. Carlisle then moved, seconded by Mr. Root, to increase the Speed Limit on Anaco Beach Road from Sunset Avenue to Bryce Drive/Doon Way to 35 m.p.h. Vote: Ayes - Rock, Carlisle. No - Christiansen, Robinette, Rock, Sizemore. Motion failed. Mr. Rock then moved, seconded by Mrs. Robinette to reconsider the previous action taken. Vote: Robinette, Rock, Carlisle, Root, Sizemore, Christiansen. No - Sizemore. Motion carried. Vote on Motion to increase Speed Limit on Anaco Beach Road from Sunset Avenue to Bryce Drive/Doon Way to 35 m.p.h.: Ayes - Rock, Carlisle, Root, Christiansen, Robinette. No. - Sizemore. Motion carried. Resolution for Land Sale: Whisoerina Winds Mr. Ian Munce, Planning Director, presented an overhead display showing the one -acre parcel in the Industrial Park proposed for sale to Whispering Winds, manufacturer of wind chimes for the giftware industry. The Council has copies of a Resolution/Sales Agreement for review. Ms. Lynn Christofersen, shareholder in Whispering Winds, addressed the Council regarding growth and wage scale for this manufacturing business. With that, Mr. Root moved, seconded by Mr. 1221 April 1, 1996 - continued Rock, to adopt Resolution No. 1399 authorizing a Sales Agreement between the City of Anacortes and the Partnership of Koffron, Koffron, Metzger and Christofersen (Whispering Winds). Vote: Ayes - Carlisle, Root, Sizemore, Christiansen, Robinette, Rock. Motion carried. Waterline Extension - S. March Point Road Public Works Director, Mr. Jim Pemberton, announced that this item has been pulled from the agenda. Resolution of the Citv Council Also commemorating April Fool's Day (see Saeed Limit: Anaco Beach Road) City Attorney, Mr. Steve Mansfield read a Resolution to Council that would eliminate the Finance Committee. The Resolution also listed the reasons why the action to eliminate this Committee is both necessary and wildly popular. Mayor Maxwell then announced that Skagit Valley Herald reporter, Ms. Merry Hayes, has a new assignment and the Mayor expressed appreciation for her coverage of Anacortes government. There being no further business, at approximately 10:30 p.m. the meeting was adjourned. Ge -e Kh aian(ity erk-Treasurer 35' iM H. Dean Maxwell, Mayo/ I—coares nowrnr SBI 32'30" n\� 71 ESHIRIT Dl _ CITY OF ANACORTES Z+�NING ORDINANCE - — - - -- -- CHAPTER 17.19 LIGHT MANUFACTURING USX DISTRICT a.MI) 17.19.010 - Purpoas :7, 119 - Pefmvd Usd 17.19.010 - Pemrtmd Acnmry Uses 17.19.040 • Coodmooal Uses - 17.19.050 • Minimum Lot Sits 17.19.060 - MLmmm Setlharic Rommummu 17.19.070 - Ms— Denmy 17.19.0&1 um® - MLand C-1-9.17.19.090 - Manu® Bmidtng Height 17.19. 100 -OISum Parking Rrgmsemmta 17.19.010 - p w no 611•20/Mateh Paint Ilial Zone u mteldad Primarily to aotpmmuclus industrial WN mea that do not tteodtameramea or prmmay to the Cental Bhmmss Diwui or to the Commevd Aviation mmdor (LMI Zone). 17.19.020 Permitted Uses • Ag... • Masafacm mg m wvo vmg pmmsmg w stmsge of gmN. tmokub : rce7elmg fantails (darned m enm re.7clm& oil s¢7nlmg, framing, and ether mucmis myclmg) • Shipping and terminal teoutin, commemat omega • Pale and phgpomN, both Public and lasvam • Auto, wck mem ydce and RV dolenhtpa • Notaates and re3md mea • Golfcmmsa and dmwg mngm ingather kith dkmly asmmated mch as: • rem( asks of gulf clothing andOgmpmmt resnasent • Resal Dom as—enmmg as of May 1,1995(has adc.—.Id an xnna—sommng mm than, rapal—may bin imosed by op m 100% 17.19.010 PermMed Aemsarr Uses Any im mmmafdy IOOdmpl to Los permed prnwq lma Iododimg: O1Bm in mnpmmmm with the permmd one • Carealosmowmmpmma rmde>m • Rein sale ohm in conpomcm m the memFamm of Ne prthdoa 17.19.040 Cmditlo d Um The folkimrtg ms am p¢mmed m this Diama after they have baa mmwed by the Planning Cammmoo and appmrd by the City Cohhml: Alook-family hue, enep that in no arms EDU this allow a nadwul mbdivtpoa Grassy storm m ewrsmng 4,800 KWM fm of rem( Omni aPam Co®amd parking FOghwav oriented npaage in excess of City tiger standards • Mafmat hmge om men reth dumy aaooamd aoxmsy ms aa: pmr bin rib • ammoty asks • rm®m • Large-scale offim mmpicas IL9.050 MWfax lefmm a S No mmtmm 17 19,060 Minium S.rhxh• Readrememt The mmtmm sematic rMmremem fm uta Disuut u: • No braiding m other structure shall be bmdt clow than 10 fm fsm adjemm Ptmpaq Vaca Or oma ngbt�f-aaya 17.(9.070 Madonna Omdfy No manmm 17.19.080 Mistrusts Land Cov a Noma» 17.19.090 M •mm Nolldbu, Relndt T1te manmm bmkdmg height u to be: 50 Amt— readmod • 35 fee- mdrmd 17.19.100 ONStr m Parklaa Reealremenu Odymm Parking shalt be providd in this Duma in a®denca kith the spmftsubma in Section 0.46-Pukm& EXHIBIT D2 — y CITY OF ANACORTGg ZONING ORDINANCE CHAPTER 17.16 HEAVY MANUFACTURING USE DISTRICT IHM SIMONS 17.16.010 - PURPOSE 17 16.020 -PERMITTED USES 17.16 .030 - PERMITTED ACCESSORY USES 17.16 040 - CONDITIONAL USES 17.16. 050 - MIND" LOT SIP 17.16.060 - MINIMUM SETBACK REQUII?E tENPS 17.16. 070 - MAJD7NUM DENSITY 17.16.080 - MAXQ•4UM LAND COVERAGE 17.16. 090 - MAXIMUM BUILDING REGHI 17.16.I00.OFFS173EETPARKING REGUR.ATIONS 17.16.110 - REVENUFJE`O E"DITURE ANALYSIS REQUIREMENTS 17.16.120 - PERFORMANCE STANDARDS 17.16.130 - ENFORCEMENT' OF PERFORMANCE STANDARDS 17.16010-PURPOSX The Heavy MamEamutng DLsrcr (FON) a ou ended Pana* for bmvy manufacturing and closely reatd mass To awid mane®ey regulations on hcavy mamdamumg, Rgulaaons for this dam are mtmtled to provide Promotion pnnmpaO) ags— ellms harmful to other visnas. 17.16020 - PERMITTED USES Any industrial. research and develops—or amort offfm, park repair. wareboasng, processing. and shipping tetmlcd assn prundod that such ms aro of such a moue that they do m mfua upon mghhonng districts smoke, dint moa vrmmema, now. glass a What muasom or hazards dmtmeoW to tnd heahh, w.uans and safety of prima occupying m vm=g the dims or adjacent, dtmmtt 17.16010 - PERMITTED ACCESSORY USES Passional accessory uses an, atemus. fesmuanu. oBoea amtaka or sanity rmdemm. 17.16040 - CONDITIONAL USE Merfma RV Parts. and Commercial Puking are aoduoml uses in this ane. 17.16.050 - MINIMUM LOT SIZE No zone 17.16060 - MINIMUM SETBACK REQUIREMENTS The mumu••,,, setback regmmmenm of the FON Disrmr K: 11 No bolding or other smmmre stall be built closer than 15 fat from the sues nghtaf tvs y hum 21 Vo butting or other srmme she( be clonic than 10 fm from adjram property Imm 17.16070 - MAXIMUM DENSITY No- 17.16.080 omaaamura17.16080 - MAXIMUM LAND COVERAGE No manmum 17.16090 - h1A31IHUM BUILDING HEIGHT Manmm building height u to be 50 fcm. Requavan ou for steams in scat of 50 fm SMU be coavded an an individual but Appltcavom for sura—, in carat of 50 fm shall be rmc%vd by cher Planning Commission. mth a remmmmdaam or City Council for approve or masppmval. 17.16100 - OFF-STREET PARKING REQUIREMENTS OI -sum parking shall be prwded in the HM Disarm mth a hotmhnum of one parking spam for each mo eplym on the lmgm shift. and In aamduum kith spm5avon in Samoa 17.46. 1222 1,228 April 15, 1996 Mayor Maxwell called the April 15, 1996 City Council meeting to order at 7:30 P.M. Roll call found present: Bill Carlisle, Ben Root, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ray Sizemore. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Carlisle moved, seconded by Mr. Brown, that the minutes of April 1, 1996 be approved with the following corrections: Mr. Brown was present at the March 25, 1996 Executive Session, Mr. Root was present at the April 1, 1996 4:00 p.m. site visit, Mr. Brown was absent from the regularly scheduled April 1, 1996 Council meeting and sentence # 6 under Public Hearina_ : Shin Harbor Residential Communitv should read: "....the current proposal does not include a golf course and proposes no more than 200 homes on a 50 -acre project site." Vote: Ayes - Root, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No public comments were submitted. Unfinished Business Interlocal Aareement: Anac000er Mine Road - City_ /Port Mayor Maxwell introduced the next item by reporting that the Interlocal Agreement now before Council reflects the combined efforts of the Council Sub -Committee, Woolworth Development and the Port of Anacortes to cooperatively provide for the improvement of Anacopper Road. Mr. Rock moved, seconded by Mr. Carlisle, to authorize the Mayor to execute this Interlocal Agreement. Discussion followed. Mrs. Robinette suggested modifications to agreement items 5 and 6 that would clarify responsibility for costs beyond the total estimated project cost of $450,000. The City Attorney, Mr. Steve Mansfield, explained that the agreement structure and maximum figure have been negotiated and approved by all parties. Mr. Carlisle expressed concern about potential additional costs the City could be responsible for. Mr. Christiansen moved to amend the motion by striking the last sentence in Item 6: "Any costs over $450,000.00 shall be paid by the City." Mrs. Robinette seconded the Motion. Mr. Root suggested that the amendment does not change the basis of the agreement, an agreement previously approved by a Council subcommittee and the Agreement participants. After discussion Mr. Christiansen withdrew his motion. Vote on original motion: Ayes - Brown, Christiansen, Rock, Carlisle, Root. No - Robinette. Motion carried. Deliberation/Decision: Shin Harbor Residential Communitv PUD Mr. Christiansen stepped down from discussion on this matter. Mr. Ian Munce, Planning Director, summarized the action taken to date by Council on this residential PUD application. He also reviewed the Subdivision Ordinance Planned Unit Development process, specifically with regard to approval of a design concept. In his summary he also discussed the 80 -year old existing plat and lot grid pattern. Mrs. Robinette recommended revisions to project conditions 9, 12 and 16. She cited the conceptual application, avigation easement and proposed final approval process as support for these changes. Discussion followed. Mrs. Robinette moved, seconded by Mr. Carlisle, to approve the Preliminary Development Plan for the Ship Harbor Residential Community PUD subject to 23 conditions and with the amendment to conditions 9 and 16 as follows: add to: "9. Final Development Plan shall be equivalent to the Subdivision Ordinance preliminary Plan approval. Building permits shall not be issued until Final Plat Approval for each phase."; add to: "16. Final Development Plan shall be approved by City Council after closed record review of Planning Commission recommendations." Vote: Ayes - Robinette, Rock, Carlisle, Root, Brown. Motion carried. Mr. Christiansen returned to the Council Chambers, Consent Agenda: Mr. Root moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes - Rock, Carlisle, Root, Brown, Christiansen, Robinette. Motion carried. Voucher Anoroval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on April 4, 1996 and April 11, 1996 be approved for payment as of this date, April 15, 1996. Claims Vouchers Apr, 1996 Warrant Numbers 45261 through 45508 in the total amount of $485,070.57 Prewritten Claims Mar, 1996 Warrant Numbers 45258 in the total amount of $415.98 Payroll Mar,1996 Warrant Numbers 2362 through 2590 in the total amount of $525,576.89 April 15, 1996 - continued Council approved Ordinance # 2396 increasing the speed limit from 25 mph to 35 mph on a portion of Anaco Beach Road. Council approved the appointment of Marcia Taylor to the Housing Authority Board and the reappointment of Phil Burton to the Park Board and Tracy Powell to the Forest Board. Council approved the cancellation of Warrant # 38910 in the amount of $56.00 and Warrant Number 45228 in the amount of $77.62 Public Hearina - Street Vacation - Portion of "C" Avenue - Harker Mayor Maxwell opened the Public Hearing on a Vacation Petition submitted by Mr. Jim Harker to vacate an additional 20' of "C" Avenue lying south of the south line of the alley in Block 11, Kellogg and Ford Addition to Anacortes and north of the north line of 32nd Street. The Public Works Director, Mr. Jim Pemberton, presented an overhead display of the property showing the surrounding street system. He then reported that the Board of Adjustment held a Public Hearing on this matter and recommended approval of the vacation subject to an easement for public utilities. Staff has reviewed this petition and no objections were raised. There was no further testimony and the Mayor declared the Public Hearing closed. Mrs. Robinette asked to discuss the purpose of the vacation request. Mr. Pemberton said that the applicant does not propose any additional building, but that this action would protect the existing driveway. Mr. Carlisle discussed the potential for additional right-of-way vacation revenue along "C" Avenue. With that, Mr. Carlisle moved, seconded by Mr. Christiansen, to approve the vacation request. Mrs. Robinette suggested that Council not vacate rights-of-way until a street system map is developed. Vote: Ayes - Carlisle, Root, Brown, Christiansen, Rock. No - Robinette. Motion carried. Public Hearina - Conditional Use - Woodridae - Wetland Mitiaation Mayor Maxwell opened the Public Hearing on a Conditional Use application submitted by Homestead Northwest requesting approval of a Wetland Mitigation Plan for the previously approved Woodridge Planned Unit Development Preliminary Development Plan. Mr. Ian Munce, Planning Director, addressed this item. The detailed wetland mitigation plan now before Council shows areas that would be encroached upon as a result of the Woodridge PUD and shows the location of the replacement areas. The Planning Commission recommended approval of this wetland conditional use. Using an overhead display, Mr. Munce highlighted the encroachment areas. On a question from Mr. Christiansen, Mr. Munce discussed stormwater discharge. Mr. Munce explained that bonding of the extensive wetland planting schedule will be clarified during the Final Development Plan phase. Mr. Craig Parkinson, David Evans & Associates, representing the applicant, pointed out that the number of lots in this project has been reduced in response to concerns raised during the previous public hearings and he then discussed the planting and enhancement proposal. He also discussed the potential use of the tennis court gravel access. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Carlisle then moved, seconded by Mr. Rock, to approve the Woodridge Wetland Mitigation Plan as requested. Vote: Ayes - Root, Brown, Robinette, Rock, Carlisle. No - Christiansen. Motion carried. Final Plat Annroval - Astrea Place Mr. Ian Munce, Planning Director, provided an overhead display showing the 14 -lot layout for Astrea Place. Construction is complete and while there is a short list of items still to be completed the applicant has agreed to the delay of administrative signatures .on the plat until the final issues are completed. Mr. Carlisle discussed the project covenants with regard to RV parking and discussed Condition # 22 regarding deed restrictions. Mr. Root moved, seconded by Mr. Brown, to approve the Final Plat of Astrea Plat. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Contract Amendment - Bunnies bv_ the Bav Mr. Ian Munce, Planning Director, presented to Council the previously -approved real estate agreement with Bunnies by the Bay. Mr. Munce discussed one of the key points of the agreement, improvement to their "V" Place frontage. Rather than wait the two years provided by the agreement to develop the street, the applicant would like to complete the road development now. To accomplish this, the proposed amendment to the contract reads: "Seller agrees to participate in improvements of that portion of "V" Place that fronts the property in the amount of $20,315. Payment shall be made upon documented evidence that the improvements to "V" Place have been made to full City standards. The Seller is not liable for any cost overruns and in no eventuality shall the payment exceed the $20,315." Mr. Root moved, seconded by Mr. Carlisle 'to approve the contract amendment and to adopt Resolution 1400 authorizing this amendment relative to Section 6.2.2. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Brown. Motion carried. 1225 April 15, 1996 - continued Public Hearinas: Annexation of SR 20/March Point (11 Zonina (2)60% Petition The Mayor then opened a public hearing on the zoning proposed for the South March Point/Highway 20 annexation area and to take testimony from those who wished to speak for or against annexation. The Planning Director reported to the Council that this annexation hearing was taking place after annexation petitions had been filed with the City Clerk totaling 63% of the assessed valuation in the area proposed for annexation. Mr. Dick Dildine testified that he was opposed to the annexation as spot zoning that would require expensive City services. Mr. Mike Crawford, representing property owner Concrete Nor'West, testified that septic systems in the area are barely passable. Mr. Crawford added that he would like to see the Council take a very close look at the annexation proposal and move expeditiously to extend further City services. Ms. Margaret Yeoman stated that having sewer hookups as an optional element was not a sound approach, that reliance on sales tax to fund sewer extension was inappropriate, and that the proposed agreement with the Swinomish Tribe needed to be further clarified. Mr. Lee Norris, representing property owner Money -Saver, stated that there were existing sewer problems at Sharpe's Corner and that proper development in the urban growth area requires a sewer system. Mr. Ed Little, representing Sunland Topsoil, stated that the conditions spoken about this evening did generate a sense of urgency. Mr. Little then read from a letter from the County Health Department Director describing the existing sewer problems in detail and calling for installation of a sewer system. Mr. Bob Donovan, property owner, stated that he supports the latest annexation proposal with assurances as to sewer service and financing. Mr. Boyd Veer, representing Jerry Smith Chevrolet, stated that his company supports the proposal and called for improvements to Highway 20 at March Point as being the entrance way to the City. The Public Hearing was closed. No action was taken. Traffic Model Undate Mr. Jim Pemberton, City Public Works Director, then requested authorization to contract with the T -Model group in the amount of $14,000 to update the Traffic Model portion of the Transportation Element of the City Comprehensive Plan. Mr. Pemberton stated that this Transportation Element needed to be updated every three years, that a citizens committee led by William and Susan Carlisle had completed a set of recommendations, and that it was necessary to now verify and analyze these recommendations in a more formal manner through the traffic model process. After discussion, Mr. Christiansen moved that the City Council approve this contract. The motion was seconded by Mr. Brown. Vote: Ayes - Rock, Root, Robinette, Christiansen, Brown, and Carlisle. The motion carried. This meeting was then continued to Monday, April 22, 1996 at 7:00 p.m. to conduct an Executive Session (30 minutes) to discuss litigation. Continued Meeting of April 15, 1996 held on April 22, 1996 The regular meeting of April 15, 1996, was continued to April 22, 1996, at 7.00 p.m. The meeting was called to order by Bud Rock and the City Council adjourned into Executive Session to discuss pending litigation issues. The Executive Session concluded at 7:35 p.m. and the regular meeting of the City Council resumed at that time. Roll call found the following: Present - Carlisle, Sizemore, Rock, Brown, Christiansen, and Robinette. Absent - Root. The first and only item of business was identified as bid acceptance of the solids handling facility upgrade for the Wastewater Treatment Plant. Public Works Director Pemberton addressed the Council and provided them a tabulation of bids received. Seven bidders responded and the low bidder was Smith and McDowell Construction of Bellingham, Washington, in the amount of $24,000. Mr. Pemberton recommended acceptance of the low bid. After discussion, it was moved by Councilman Sizemore to accept the low bid and to ask Mr. Pemberton to check on contractor references prior to execution of the contract. Motion was seconded by Brown. Vote: Ayes - Sizemore, Rock, Brown, Christiansen, Robinette, and Carlisle. With no further busi ss to ome before the meeting, the meeting was adjourned at 7:50 p.m. - eorge #�htaian, Cit Clerk -Treasurer H. Dean Maxwell,/Mayor May 6, 1996 Mayor Maxwell called the May 6, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Bud Rock. Absent: Jeanne Robinette. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Carlisle moved, seconded by Mr. Brown, that the minutes of April 15, 1996 be approved as if read. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Rock, Carlisle. Motion carried. Citizen Hearinas Mr. F.E. Eisenzimer, 2918 W. 2nd asked to address the water disconnect fee Ordinance and was informed that that matter would be agenda item 5 b. No other public comments were submitted. Mavor/Council Communications Mayor Maxwell read a Proclamation proclaiming May 5th through May 11th, 1996 as Drinking Water Week in Anacortes and urged all citizens to join him in recognizing and protecting this precious natural resource. Reporting on a meeting he had attended, Mr. Christiansen said that he would continue to participate in these task force activities regarding the increasing numbers of homeless youth in Skagit County. Resolution - Invitation to Sidnev. B.C./Sister Citv Mayor Maxwell introduced a Resolution to Council that extends an invitation to the City of Sidney, British Columbia to become a Sister City. Mr. Don Lapworth, President of the Anacortes Sister City organization, reported on the success of the Sister City exchanges with Lomonosov, Russia and Kisakata, Japan, Anacortes' first two Sister Cities. He then reviewed the June schedule of activities with representatives from Sidney. Mr. Andy Mayer, representing the Chamber of Commerce, encouraged the development of this natural cultural and commercial relationship. With that, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Resolution No. 1401. Vote: Ayes - Sizemore, Brown, Christiansen, Rock, Carlisle, Root. Motion carried. Ordinance - Water Disconnect Fee Mayor Maxwell introduced an Ordinance to Council. This Ordinance reflects action to develop a policy regarding water service disconnects. This action was recommended as a result of the City's utility rate study and this matter has been reviewed by Council in Study Session. Specifically, this Ordinance addresses those utility customers that voluntarily disconnect from the utility system thereby raising the issue of fair share payment of ongoing general facility charges for the water and sewer treatment plants. The proposed Ordinance sets a charge of $45.00 to voluntarily disconnect from and a charge of $45.00 to connect to the utility system. On a question from Mr. F.E. Eisenzimer, 2918 W. 2nd, the Mayor reported that this policy would affect approximately 100-175 customers with a 3 -month average disconnect period. Mr. Jim Davis, 4710 Kingsway discussed the lower disconnect rates of other cities in the area. Mr. Jim Lagoe, 4712 Kingsway, spoke against the proposed fee. Mr. Malcolm Lorente, 3820 W. 4th St., spoke in favor of the proposed fee. Mr. Jim Giblin, 4601 Bryce Drive discussed his Level 2 utility billing designation. In discussing the proposed Ordinance, Mr. Carlisle suggested an uncomplicated rate structure and Councilmembers stressed the necessity to equitably bill for the maintenance of the utility systems. Bid Award and Construction Ena_ineerina: Anac000er Mine Road Mr. Jim Pemberton, Director of Public Works, reported on the five bids opened for the Anacopper Mine Road reconstruction from Oakes Avenue to Airport Road. The low bid was submitted by Colacuecio Brothers, Blaine, in the amount of $243,078.10. The project engineer, Herrigstad Engineering, reviewed the contract documents and references and received positive responses. Additionally, Herrigstad Engineering submitted a Task Order amendment for additional engineering design tasks for the road improvement project. Mr. Christiansen moved, seconded by Mr. Sizemore, to accept the Colacuecio Brothers bid in the amount of $243,078.10 and to accept the amendment to Herrigstad Engineering Design Proposal for Anacopper Mine Road Improvements. Vote: Ayes - Brown, Christiansen, Rock, Carlisle, Root, Sizemore. Motion carried. Mr. Christiansen asked that the Council have an opportunity to review the employment agreement and contract. Consultant Aareement: Odor Control Mr. Jim Pemberton, Director of Public Works, reviewed the Request for Proposal and consultant selection process with regard to the construction of a building to house an odor scrubber at the West Anacortes Wastewater Pump Station. R.W. Beck was selected as the consultant to prepare an odor control study for the design of this facility. Mr. Pemberton 1227 May 6, 1996 - continued emphasized that, due to the overall expense of the project scope, the Wastewater Division under the direction of Gordon Bruchner, City Engineer conducted its own study to select the size and type of scrubbing unit. This in-house work was completed at a considerable cost savings for the City of Anacortes. The contract now before Council is to authorize R.W. Beck to complete the remaining portion of the project scope. Discussion was followed by a motion by Mr. Root, and a second by Mr. Carlisle, to approve the Professional Services Agreement between the City of Anacortes and R.W. Beck for the design of the West Anacortes Pump Station Scrubber Building in a contract amount not to exceed $34,650.00. Vote: Ayes - Christiansen, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Consent Agenda With the deletion of Consent Agenda item "Ordinance: Repealing Officer Response Time" and with the addition of Consent Agenda item "Appointments", Mr. Sizemore moved, seconded by Mr. Brown, to approve the following Consent Agenda items. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Voucher Approval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on April 18, 1996 and May 2, 1996 be approved for payment as of this date, May 6, 1996. Claims Vouchers May, 1996 Warrant Numbers 45514 through 45680 in the total amount of $435,314.28 Prewritten Claims Apr, 1996 Warrant Numbers 45259-45260, 45509-45510 in the total amount of $5,715.01 Payroll Apr, 1996 Warrant Numbers 2723 through 2962 in the total amount of $552,310.76 Draw Pavroll Apr, 1996 Warrant Numbers 2594 through 2722 in the total amount of $65,459.00 Council adopted Ordinance # 2397 vacating a portion of "C" Avenue Council approved the cancellation of Warrant # 45275 in the amount of $48.60 Council approved the appointment of Mr. Marty Laumbattus to the Forest Advisory Board. Ordinance - Reaealina Officer Response Time Mr. Steve Mansfield, City Attorney, reviewed the City's 1979 Ordinance requiring both Police and Fire Department personnel to reside within a 10 -minute response time of the police and fire hall. Experience has shown that this provision is not workable and with State statues prohibiting residence requirements the Council is now being asked to repeal Ordinance No. 1777 relating to response time. After discussion of staffing arrangements and shift levels, Mr. Rock moved, seconded by Mr. Root, to adopt Ordinance No. 2398 repealing Ordinance 1777, passed and approved on the 3rd day of April, 1979. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Rock. Motion carried. Final Plats (Georaia Place and Allkniaht's Addition! Mr. Ian Munce, Planning Director, reported that for both Georgia Place and Allknight's Addition Preliminary Plat approval has been granted by the City Council and the work called for in the plat approval has been done. Staff have reviewed both projects and determined that the work has been completed to City standards. For both projects the outstanding issues are park fund payments and minor map corrections. The Planning Commission and staff recommend approval subject to the corrections outlined and payment of Park Fees. Mr. Root moved, seconded by Rock, to approve the Final Plat of Georgia Place. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Rock, Carlisle. Motion carried. Mr. Root then moved, seconded by Mr. Sizemore, to approve the Final Plat of Allknight's Addition. Vote: Ayes - Sizemore, Brown, Christiansen, Rock, Carlisle, Root. Motion carried. Public Hearina - Westwood Planned Unit Develooment Mayor Maxwell announced that the applicant has requested a two-week postponement for the Public Hearing on the Preliminary Development Plan Public Hearing for the Westwood PUD. The Mayor then opened the Public Hearing and continued the hearing to Monday, May 20, 1996 at 7:30 p.m. Ordinance: Heart Lake/Motor Uses Mayor Maxwell presented an Ordinance to Council that would prohibit the use of all combustion engines on Heart Lake. The Mayor pointed out that this issue had been before Council in Study Session. The Mayor then opened the matter up for discussion. Mr. Christiansen, commenting that while he would like to see the speed and noise reduced on the lake, spoke against a full prohibition of combustion engines and suggested the imposition of a no -wake speed limit on the lake. Mr. Carlisle suggested changing the word "prohibiting" in the Ordinance title to "controlling" and suggested the addition of the phrase "at a speed sufficient to create a wake" in May 6, 1996 - continued the first sentence of Section 1. He also suggested appropriate signage. Mr. Root commented that "wake" is difficult to define and suggested use of a horsepower requirement. He also spoke against the Special Event proviso and suggested that it would be appropriate at this time to ban all motorized use on Heart Lake. Mr. Sizemore discussed a Sunset Clause and Councilmembers discussed all issues raised. The Council then agreed to delay this matter for two weeks and Mr. Root volunteered to draft an Ordinance on this matter for distribution and review. Street Closures Mr. Jim Pemberton, Director of Public Works, submitted four street closure requests: (1) Anacortes Arts Festival, August 3rd and 4th - Commercial Avenue from 10th Street to the waterfront and all side streets north of 10th street between "Q" Avenue and "O" Avenue; (2) Oyster Run, September 22nd, Commercial Avenue from 2nd to 9th Street and that 2nd, 3rd, 5th, 6th 7th and 8th Streets be closed from "O" Avenue to "Q" Avenue; (3) 4th of July Extravaganza, July 4th; - 8th Street between "M" Avenue and "N" Avenue and "N" Avenue between 7th Street and 8th Street; and (4) Waterfront Festival, May 18th and May 19th - 9th Street from "R" Avenue to "Q" Avenue and "R" Avenue from 7th Street to 9th Street from Friday afternoon, May 17th through Sunday evening, May 19th. Mr. Pemberton outlined his recommendations for approval and conditions, including provisions for fire protection, solid waste and barricades in an April 29, 1996 Memorandum. Mr. Rock moved, seconded by Mr. Root, to approve the four street closures subject to the conditions imposed by the Public Works Department as outlined in the Director's April 29, 1996 Memo. Vote: Ayes - Brown, Christiansen, Rock, Carlisle, Root, Sizemore. Motion carried. Ordinance - Prohibitina Throuah Traffic & Left Turns from O Ave. to 12th Street Mayor Maxwell reported that Councilman Carlisle has proposed an Ordinance limiting vehicles traveling north or south on "O' Avenue to right turns only at the intersection of 12th Street and "O" Avenue. This matter has been before Council in Study Session and the proposal has been reviewed favorably by the Washington State Department of Transportation. Mr. Jim Pemberton, City Public Works Director, presented an overhead display showing the proposed traffic flow. Mr. Carlisle discussed the hazards of this intersection and proposed appropriate signing and striping. After discussion, Mr. Christiansen moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2399 limiting vehicles traveling north or south on "O" Avenue to right turns only at the intersection of 12th Street and "O" Avenue. Vote: Ayes - Christiansen, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Fidalao Bav Plan: Contracts - Resolution Mr. Rock moved, seconded by Mr. Sizemore, to adopt Resolution No. 1402 authorizing the Mayor to proceed with the Fidalgo Bay Planning process and to enter into an intergovernmental agreement with the Washington State Department of Community, Trade and Economic Development. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Caoital Facilities Plan Uodate: Cooperative Aareement with Skaait Countv Mr. Ian Munce, Planning Director, reported that Skagit County has determined that an in depth Capital Facilities Plan for both Skagit County and the two proposed unincorporated urban growth areas at Bayview and Big Lake is necessary at this time. The four cities having urban growth areas are being asked to participate with the County in a standardized consistent work program. The City's proportionate share of the costs in the completion of the Capital Facilities Plan will be $8,100.00. Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the City's Cooperative Agreement with Skagit County. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Rock. Motion carried. At approximately 9:50 p.m., Mayor Maxwell announced that this meeting would Monday, May 13, 1996 at 7:00 p.m. to conduct an Executive Session negotiations. 11 , City Clerk -Treasurer --Al- ,-- a H. Dean Maxwell, Mayor be continued to regarding labor 1229 MAY 20, 1996 Mayor Maxwell called the May 20, 1996, City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ken Brown, Terry Christiansen, and Bud Rock. Absent: Jeanne Robinette, Ray Sizemore. The pledge of allegiance followed roll call. Minutes of Previous Meetina: Mr. Christiansen moved, seconded by Mr. Rock, that the minutes of the May 6, 1996 Council Meeting be approved with the following corrections: delete the fourth sentence in the last paragraph on page 1. Change Mr. Carlisle to Mr. Christiansen in the second paragraph on page 2. Vote: Ayes, Root, Brown, Christiansen, Rock, Carlisle. Citizen's Hearinas: No one spoke under citizen hearings. Mavor Council Communications: Mayor Maxwell advised that three guests were in the audience from Kisakata, Japan. Those guests were introduced by Kathy Janke. Mayor Maxwell expressed the appreciation of the City to Charles Nelson, Shawn Johnson, Jenny Grove, and Chad Lapine for their work in putting together map packets, certificates of appreciation were presented to the students. Mayor Maxwell presented the Mayor's Merit Award to Jacque Hammons for outstanding service to the City. Ms. Hammon's name will appear on the plaque in the entrance hallway of City Hall. Unfinished Business: Westwood Planned Unit Development. Mayor Maxwell opened the continued Public Hearing on the Westwood Planned Unit Development. Ian Munce addressed the Council and audience and explained the process to date and indicated that the project is basically as approved by Council in it's preliminary form the previous meeting. The only change to that preliminary development approval was that the density is reduced from 17 lots to 16 lots. No one from the audience spoke at the Public Hearing and the Public Hearing was closed. It was moved by Carlisle and seconded by Brown to approve the Westwood Planned Unit Development with the attached conditions. Vote: ayes: Brown, Christiansen, Rock, Carlisle, and Root. Water Disconnect Fee Ordinance. Mayor Maxwell explained that this is a matter that the City Council had been reviewing upon recommendation of the Public Works Committee. The Council had developed a proposal for discussion which was set forth in a proposed ordinance. The ordinance provided that fixed costs for various utility services would be charged to anyone who disconnects for 30 days or more but that no disconnect/reconnect fee would be charged as long as it was done during regular business hours. Mayor Maxwell suggested that the Council delay action on the Ordinance pending input from the Finance Department as to capability of existing software programs to accommodate changes in the billing process. Ben Root moved, seconded by Carlisle that Council defer action on the proposed ordinance and refer the matter back to the Council Committee to consider finance department input. Vote: Ayes: Christiansen, Rock, Carlisle, Root, and Brown. Heart Lake Motor Uses. Mayor Maxwell advised that City Council had worked on several drafts of the Ordinance, the first being Mr. Root's draft which was subsequently modified by Mr. Christiansen. Mr. Root raised several issues including the fact that the proposed Ordinance had no limitation on size or horse power of motor, expressed concern over the definition of "discernible wake", and the fact that the Ordinance did not provide for a phasing out of racing activities on the lake. Councilman Rock pointed out that all special events must be approved by the City Council and could be regulated in that matter. Mr. Christiansen indicated he did not see a need to prohibit motors on the lake without evidence of environmental damage caused by the motors. Mr. Carlisle indicated he understood concern with noise but felt there were other activities that were noisier and did not believe that noise was a significant problem. Additional discussion raised issues as to the need for an application process, a limitation as to the length on events, and concerns that the racing group may already have scheduled events for 1996. It was moved by Carlisle and seconded by Rock that action on the Ordinance be put off for two weeks. Vote: Ayes: Rock, Carlisle, Root, Brown. Nays: Christiansen. Consent Aaenda: It was moved by Rock, seconded by Brown that the Consent Agenda be approved. Vote: Ayes: Carlisle, Root, Brown, Christiansen, and Rock. The Consent Agenda consisted of the following: May 20, 1996 - continued Claims Vouchers: May, 1996 Warrant Numbers 45789 to 45964 in the total amount of $550,078.25 . Prewritten Claims: May, 1996 Warrant Numbers 45511-45513 in the total amount of $1,792.31 . Resolution No. 1403 setting the Public Hearing date for a Vacation of a portion of A Avenue. Resolution No.1404 designating Kathy Janke as Permit Assistance Staff as required by State Law, New Business: Final plat- Horizon Heiahts Division 4. Mr. Munce addressed the application of Horizon Heights Division No. 4 for approval. Mr' Munce advised that a bond or cash deposit in the amount of $140,000.. which includes a 25% contingency amount was being proposed to cover the costs of additional improvements that would need to be made. Mr. Munce indicated that he was advised by the developer that a potential property line dispute would not result in any lots being less than the minimum 7500 square feet required under the Zoning Code even if the developer lost on that issue. Mr. Munce recommended approval of Horizon Heights, Division 4. It was moved by Carlisle and seconded by Root to approve the final plat of Horizon Heights, Division 4 subject to the conditions proposed by Mr. Munce including a need for a bond or cash deposit sufficient in amount to cover the costs of required construction. Vote: Ayes: Root, Brown, Christiansen, Carlisle. Nays: Rock. Authorization to Proceed: Washington Park Boat L,ot Collection Svstem. Gary Robinson, Park Director, requested authority from the Council to purchase a new collection machine for monies at the Washington Park Boat Launch. Mr. Robinson explained that he was proposing purchase of a "Park UR Self' and electronic pay station in the total amount of $15,739.21 less shipping and sales tax. After discussion, it was moved by Root and seconded by Brown to proceed with the purchase. Vote: Ayes: Brown, Christiansen, Rock, Carlisle, Root. Interlocal Aareement: South Harbor Park. Mr. Robinson presented to the Council a proposed Interlocal Agreement between the City of Anacortes and the Port of Anacortes which provides for the operation of a City of Anacortes recreation program at the Port's new South Harbor Park. After discussion, it was moved by Root and seconded by Rock that the Interlocal Agreement between the City of Anacortes and the Port of Anacortes be approved. Vote: Ayes: Christiansen, Rock, Root, Brown. Nays: Carlisle. Uoarade Phase III. Water Treatment Plant. Mr. Pemberton presented to the Council a proposal to employ CH2M Hill Consultants for Phase III of the Water Plant Upgrade. The amount of the proposal was $32,000. and the budgeted amount was $56,000. although Mr. Pemberton advised that some additional expenses would occur during the process. Mr. Pemberton asked for permission to execute the Contract. It was moved by Christiansen and seconded by Brown that permission be granted to execute the Contract with CH2M Hill for Phase III upgrade at the Water Treatment Plant. Vote: Ayes: Rock, Carlisle, Root, Brown, Christiansen. Dechlorination Study -Wastewater Treatment Plant. Mr. Pemberton and Mr. Franz presented to the Council a proposal to conduct a dechlorination study at the wastewater treatment plant which study is required as part of the permit requirements imposed by Department of Ecology. The study must be completed prior to September, 1996, and construction must take place prior to January 1997. After considerable discussion it was moved by Brown and seconded by Rock that the Agreement between the City and CH2M Hill for the dechlorination study be approved. Vote: Ayes: Root, Brown, Christiansen, Rock. Nays: Carlisle. The meeting was the adjourned into Executive Session for purposes of discussing labor negotiations. The Executive Session concluded 30 minutes thereafter and no action was taken by the City Council. 1231 May 28, 1996 Special Meeting The meeting was called to order by Mayor Dean Maxwell at 7:30 p.m. Roll call found present: Sizemore, Brown, Christiansen, and Robinette. Absent: Carlisle, Root, and Rock. The meeting was adjourned into an executive session for the purpose of discussing labor negotiations. The Executive Session was concluded at 8:00 p.m. and the Special Meeting of the City Council resumed. It was moved by Brown and seconded by Sizemore that the proposed Agreement between the City of Anacortes and the Anacortes Firefighters Local No. 1537 be ratified and approved. Vote: Yes - Sizemore, Brown, Christiansen, and Robinette. With no further busines to came before the Council, the meeting was adjourned at 8:10 p.m. Geo Kh)&ian, City Clerk -Treasurer H. Dean Maxwell, Mayor June 3, 1996 Mayor Maxwell called the June 3, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of May 20, 1996 and May 28, 1996 be approved as if read: Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No public comments were submitted. Mavor/Council Communications Mayor Maxwell announced that the Utility Disconnect Fee Ordinance and the Ordinance restricting motor uses on Heart Lake will be on the June 17th City Council agenda. Confirmation of New Fire Chief - Richard Curtis Mayor Maxwell recommended the appointment of Mr. Richard Curtis as the Fire Chief for the City of Anacortes. Candidate selection came about as a result of an assessment center. Mr. Carlisle moved, seconded by Mr. Rock, to confirm the appointment of Mr. Richard Curtis as the Anacortes Fire Chief. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Voucher Approval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on May 23, 1996 and May 30, 1996 be approved for payment as of this date, June 3, 1996. Claims Vouchers Jun, 1996 Warrant Numbers 45970 through 46107 in the total amount of $156,060.56 Prewritten Claims May, 1996 Warrant Numbers 45681-45683, 45965-45966 in the total amount of $6,925.57 Draw Payroll May, 1996 Warrant Numbers 2966 through 3098 in the total amount of $69,968.00 Council adopted Resolution No. 1405 executing an agreement between the City of Anacortes and the Economic Development Association of Skagit County for the provision of certain economic development services. Update: Interlocal Aareement with Skaait County (UGAI Mr. Ian Munce, Planning Director, presented the Council with an update on a proposed Interlocal Agreement between the City of Anacortes and Skagit County on the adoption and implementation of Urban Growth Areas. Mr. Munce prefaced his remarks with the announcement that this matter would again be before Council at the June 10, 1996 Study Session for further update. Mr. Munce then discussed the key features of this agreement. The County agrees to the Urban Growth Boundary as submitted, agrees to the adoption of City zoning and subdivision standards to use together with the County's administrative process; and further agrees to certain revenue sharing on a 50/50 basis, certain revenue sharing on a 4 -year phase-out basis, interim Sheriff department services and joint project SEPA review. Discussions are still being held regarding Commercial Avenue retail sales focus and road development cost sharing. Discussion followed regarding "multi -family" language and revenue sharing. Public Hearing: Proposed Amendments to Countywide Planning_ Policies (This Public Hearing is on tape and filed at City Hall.) Mayor Maxwell opened the Public Hearing on 1996 Amendments to the Countywide Planning Policies (CPP) pursuant to the Growth Management Act. Mr. Ian Munce, Planning Director, introduced this item by pointing out that the Growth Management Act required that cities and County get together and create a framework structure that would then guide the development of the individual Comprehensive Plans. The first step was the formation of a working policy committee. From that committee an advisory board was created made up of the Skagit County Commissioners, Mayors and Planners. The Board was then charged with the responsibility for developing the procedure to configure countywide policies. The Board worked on this draft with considerable citizen input and over an extended period of time. Mr. Munce reported that the CPP now before Council addresses the significant issues for the City of Anacortes. Mr. Munce emphasized that after long debate and arduous negotiation, the Policies now before the Council soundly reflect the City's needs. Additionally, the population and industrial land allocations are positive for the City of Anacortes. With that, Mr. Munce submitted the Policies to the Council for approval. 1233 June 3, 1996 - continued Ms. Barbara Rudge, 1471 Rosario Road, President of Friends of Skagit County approached the Mayor and Council. Ms. Rudge said that in light of past support given to the City by the Friends of Skagit County, the Friends are now asking that the Council accept the amendments now before them in principal only, but to delay final decision on the CPP. The delay is requested so that the figures from a land capacity analysis now being prepared can be reviewed by the County. Additionally, Friends recommends language changes to Sections 1.1, 1.8 and 2.6 as outlined in a May 16, 1996 letter to the City Councils of Skagit County. Ms. Rudge discussed Urban Growth Boundaries. There were no further comments from the audience and the Mayor declared the Public Hearing closed. Council discussion followed. Mr. Carlisle moved to delay action on the Policy amendments to August 5, 1996. Motion died for lack of a second. On a question from Council, Mr. Munce clarified that the County has addressed the City's basic issues and planning for rural Skagit County is within the jurisdiction of the regional agency, the County. Mr. Brown pointed out that the City has gained planning protections for Fidalgo Island and supported approval of these policy amendments which reflect requests made by the City. Mr. Sizemore moved, seconded by Mr. Carlisle, to table this matter for two weeks. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Ordinance: Parkina Restrictions - Meridian Place Mayor Maxwell presented an Ordinance to Council that would prohibit parking a vehicle or trailer on or along Meridian Place. Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2400 entitled "An Ordinance Prohibiting Parking of Vehicles on Meridian Place". Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown. Abstain: Christiansen. Motion carried. Application for Fireworks Stand - Bubba Sudz/Lions Club Fire Chief Ross presented an application from Bubba Sudz Car Wash, Inc. to conduct a retail fireworks stand at 3216 Commercial. Chief Ross reported that the fire department has reviewed and approved the stand location and that the Lions Club will not be sponsoring a fireworks stand this year. Mr. Root spoke against individual use of fireworks within City limits and encouraged future discussions on this issue. Complimenting the applicant's support for the community 4th of July celebration, Mr. Sizemore moved, seconded by Mr. Brown to approve the Bubba Sudz fireworks stand application. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. ADoroval of Interlocal Drua Task Force Police Chief King submitted an update of the existing Interlocal Drug Task Force Agreement. There are a sufficient number of new County officials requiring a new signature page on the agreement. Chief King pointed out that there are no changes to the agreement itself. Councilmembers discussed the effectiveness of the Task Force. Mr. Root moved, seconded by Mr. Brown, to approve the Interlocal Drug Task Force Agreement. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Confirmation of Mavor's Appointment: Human Resources Administrator Mayor Maxwell presented his recommended modifications to the Human Resources Director's Job Description to now read Human Resources Administrator with similar bur reduced duties. He also recommended that Ms. Kimberly Summers be appointed as the Human Resources Administrator. Ms. Summers was interviewed through the assessment center process. Discussion followed regarding educational requirements. The City will contract for assistance with labor contract negotiations and updating the personnel policies and procedures. Mr. Christiansen moved, seconded by Mr. Carlisle to confirm the appointment of Ms. Kimberly Summers as the Human Resources Administrator, to approve the Human Resource Administrator Job Description amendments subject to a two-week review and that any budget amendments, if necessary, be brought before the Council in two weeks. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Resolution: Adootina Bloodborne Pathoaen Proaram Mayor Maxwell submitted a Resolution to Council that would adopt an Exposure Control Plan for employees with risk to bloodborne pathogens. After discussion, Mr. Rock moved, seconded by Mr. Root to adopt Resolution No. 1406. Discussion followed regarding Plan costs and Council requested more detailed information on Plan implementation. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock. No - Carlisle. Motion carried. There being no further business, at approximately 9:50 p.m. the meeting was adjourned. G/eKan,City lerk-Treasurer H. Dean Maxwell, Mayo June 17, 1996 Mayor Maxwell called the June 17, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of June 3, 1996 be approved as if read: Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No public comments were submitted. Mavor/Council Communications Mayor Maxwell read a Proclamation proclaiming June 24, 1996 as Friends of the Library Week and he urged all citizens to recognize and applaud the efforts of the dedicated library volunteers. Ordinance: Utilitv Disconnect Fee Mayor Maxwell opened the discussion on proposed utility account disconnect fees. Mr. George Sauchenko, 3505 W. 6th St., spoke against higher rates for the retired and senior citizens who would be affected by this disconnect fee. Mr. Bob Rajewski, 4306 St. Mary's Drive, submitted a letter to Mayor and Council and spoke against imposing fees when services are not being used. Mr. Malcolm Lorente, 3820 W. 4th St., spoke in favor of a disconnect/utility billing system that would equitably bill basic system costs. Mr. Clarence Sauchenko, 2306 Vista Lane, spoke against the disconnect fee and spoke in favor of billing for use only. Councilman Carlisle discussed heating systems that require a constant water source, and discussed an equitable monthly billing for all utility customers to cover basic system costs. Ms. Lisa Beebe, Utility Billing Clerk, answered questions regarding changes to revenue should this new base charge be imposed. Discussion followed regarding the $8.00 mini -can sanitation rate. Mr. Rock's comments underscored the need for an equitable billing procedure for systems costs. In answer to a question from Mr. Sizemore, Mr. Jim Pemberton, Director of Public Works, discussed a previous proposal to set a connect/disconnect fee that would address base costs and that would avoid changing the current utility billing structure. He also discussed recycling fees. At the conclusion of the discussion Mr. Carlisle moved, seconded by Mr. Rock, to set the minimum monthly residential utility rates at: sewer, $25.80; water, $4.00; stormwater, $1.50; sanitation, $8.00. Mr. Rock then moved, seconded by Mrs. Robinette, to amend the motion to set the sanitation charge at $1.50. Mr. Root clarified that an Ordinance would come before the Council for approval that would reflect action taken by Council on this matter. Vote on the amendment: Ayes - Christiansen, Robinette, Rock, Carlisle. No -Sizemore, Brown, Root. Motion carried. Ordinance: Restriction on Motor Uses: Heart Lake Mayor Maxwell presented an Ordinance to Council regulating the use of Heart Lake and imposing a speed limit. Discussion followed regarding the recommendations made by the City's citizen advisory board to ban motor vehicles from Heart Lake. With the addition of the language, "in excess of five (5) miles per hour or no wake, ", Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance No. 2401. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Sizemore. No: - Carlisle, Root. Motion carried. Mr. Sizemore asked that these regulations be posted on site and Mr. Rock asked that this issue be revisited in two years. Countywide Policy Amendments Mayor Maxwell introduced the Countywide Policy Amendments previously reviewed by Council. The Mayor also pointed out that these amendments represent extensive dialogue between City and County officials. With that, Mr. Christiansen moved, seconded by Mr. Carlisle, to accept the proposed Countywide Policy amendments as presented in document entitled "Attachment A, Proposed CPP Amendments April 3, 1996". Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Resolution - Interlocal Aareement with Skaait Countv re: UGA Mayor Maxwell presented a Resolution and Interlocal Agreement with Skagit County regarding the City's Urban Growth Boundary. The Mayor reviewed the Agreement's main points and recapped the extensive negotiations conducted by both the City and County to clarify zoning, revenue, annexation and SEPA review issues. The City Attorney, Mr. Steve Mansfield, discussed the indemnification clause as well as recent revisions recommended by the County's legal advisors. With regard to this agreement Mr. Sizemore complimented - the Planning Director's efforts on behalf of the City. He then moved, seconded by Mr. Brown, to adopt Resolution No. 1407 establishing the Interlocal Agreement between Skagit County and the City of Anacortes implementing the City's Urban Growth Area. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. 1235 June 17, 1996 - continued Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Voucher Anaroval Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on June 6, 1996 and June 13, 1996 be approved for payment as of this date, June 17, 1996. Claims Vouchers Jun, 1996 Warrant Numbers 46113 through 4625 in the total amount of $419,716.23 Prewritten Claims May, 1996 Warrant Numbers 45967 through 45969 in the total amount of $1,3384.51 Payroll May, 1996 Warrant Numbers 3099 through 3347 in the total amount of $574,503.;76 Council adopted Resolution No. 1408 setting August 19, 1996 as the Public Hearing date on a Petition to Vacate a portion of West 3rd St. Council canceled Claims Warrant No. 43589 in the amount of $264.71 Council approved the Findings of Fact and Conclusions of Law on the Westwood Planned Unit Development. Council approved the aerial fireworks display for the City's 4th of July celebration. Resolutions: Water Contracts Rate Amendments Mr. George Khtaian, Finance Director, presented the annual amendments to the water rates for the two refineries and four wholesale institutions. The rates are established on a 3 -year basis. Mr. Khtaian discussed the fixed operating and variable rate calculations. Mr. Root moved, seconded by Mr. Carlisle to adopt the following Resolutions amending water contracts by and between the City of Anacortes and: Resolution No. 1409, Shell Anacortes Refining Company, Resolution No. 1410, Texaco Refining and Marketing, Inc., Resolution No. 1411, City of Oak Harbor, Resolution No. 1412, Town of La Conner, Resolution No. 1413, P.U.D. # 1 of Skagit County, and Resolution No. 141, Swinomish Tribal Community. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Emeraencv Generator Bid - Water Treatment Plant Mr. Jim Pemberton, Director of Public Works, discussed the development of an emergency standby power system. This system is necessary in the event of a failure in the dewatering system in place at the Water Treatment Plan. Only one bid for the installation of an Emergency Generator System was received. Mr. Pemberton recommended that Council reject the bid to allow staff to re -advertise. Mr. Rock so moved, seconded by Mr. Sizemore. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Public Hearina: Vacation of a Portion of "A" Avenue Mayor Maxwell opened the Public Hearing on a petition to vacate a portion of "A" Avenue between 13th and 14th Streets. Mr. Jim Pemberton, Director of Public Works, presented an overhead display highlighting the area proposed for vacation. He pointed out that this section of the "A" Avenue right-of-way is platted in two separate subdivisions, Map of the City of Anacortes and the Northern Pacific Addition. The Board of Adjustment reviewed this petition in Public Hearing and recommends to Council that only the west half of the street right-of-way be vacated adjacent to the Northern Pacific Addition with provision for sewer and utility easements. Mr. Craig Clark, 2517 W. 2nd, petitioner, discussed conditions in this area that would prohibit future development of the "A" Avenue right-of-way. He also discussed the alley and lot offset caused by the joining of two separately platted subdivisions. After discussion, Mr. Brown moved, seconded by Mr. Christiansen, to vacate that portion of "A" Avenue lying between 13th and 14th Streets to the adjoining property owners and to retain utility easements. Vote: Ayes - Sizemore, Brown, Christiansen, Rock, Carlisle, Root. No - Robinette. Motion carried. Public Hearina - Comprehensive Plan and Zonina Amendments. 1996 (This public hearing is on tape and filed at City Hall.) Mayor Maxwell opened the Public Hearings on the annual Comprehensive Plan and Zoning Ordinance amendments for 1996. The Mayor explained that the purpose of these Public Hearings is to take public comments only on (1) a request to rezone Block 4, Anacortes Original, (2) Countywide Planning Policies, 1992, (3) Transportation Element/Comp Plan, (4) Various Zoning/Development Regulations, and (5) Economic Development Element/Comp Plan. Mr. Munce, Planning Director, explained that Council would have time on June 24th for deliberation on these proposed changes. The City would then solicit comments from the State June 17, 1996 - continued during its 60 -day review of proposed changes. Mr. Munce explained that the Legislature has now mandated that rezones and public requests for code amendments should be addressed once a year only rather than on an ad-hoc basis. In preparation for these Hearings, the Council received information packets including Findings of Fact, Planning Commission minutes and background material. Mr. Munce then distributed 28 exhibits regarding development regulations. In conclusion, he stressed that these public hearings were one more opportunity for the public to comment on this issues. Dakota Creek Rezone: Block 4. Anacortes Oriainal Mr. John Killingsworth, representing the applicant, Dakota Creek Industries, pointed out that the ship yard area exists in three separate zone classifications. Dakota Creek is proposed that Block 4 be rezoned from Central Business District to Light Manufacturing, thereby aligning this use with the Port of Anacortes marine terminal. There were no further comments and the Mayor declared the Public Hearing closed. Transportation Element Councilman Carlisle presented a conflict of interest issue. Mrs. Susan Carlisle, a member of the Transportation Study Committee, then summarized action taken to date on the development of a Transportation Plan for the City of Anacortes. The Planning Commission held Public Hearings and has forwarded the Plan now before Council with a recommendation for approval. Mrs. Carlisle directed Council to citizen comments on page 3-8, mentioned a Forestlands Route recommendation available in the Planning Department, and referred to committee recommendations contained in Chapter 5. There were no future comments and the Mayor declared the Public Hearing closed. Various Zonina/Development Reaulations Mr. Munce submitted the Planning Commission recommendation to correct the Air, Rail, Water and Port Transportation Systems Study, incorporated in our Comp Plan by reference. In the Plan the ferry traffic figures are to be updated and the description of airport should read "community oriented aviation facility" as previously adopted by Council. Mr. Munce then reviewed the Planning Commission recommendations regarding the proposed regulation changes. The following citizens spoke in favor of retaining the current 35' height limit: Ms. Cynthia Richardson, 5601 D Avenue, Mr. John Killingsworth, 2404 Highland Drive, and Mr. Don Yankacy, 2033 L Avenue. Ms. Beverly Ann Benedict, 2414 16th Street, recommended the "community oriented aviation facility" definition be retained. Mrs. Margaret Yeoman, 1620 11th St., spoke in favor of limiting the square footage of retail space. Mrs. Yeoman said that the proposal recommended by the Planning Commission does not limit total square footage of multiple buildings on a single site nor total square footage of buildings on contiguous sites. Mr. Jack Mayer, 1389 Islewood Drive, spoke in favor of limiting retail space. Mr. Andy Mayer, representing the Executive Board of the Chamber, stated the Board's opposition to limiting retail building size. Mr. Norm Sturdevant, Watermark Books, 612 Commercial, spoke in support of Mrs. Yeoman's proposal to limit retail space. Mr. Don Yankacy, 2033 L Avenue, spoke in favor of limiting retail space. Ms. Cynthia Richardson, 5601 D Avenue, spoke in support of the Conditional Use process for retail space above 40-50,000 square feet. Ms. Sandy Everett, 1604 9th St., pointed out that the airport's "general aviation" description is determined by the type of aircraft that lands at the airport. Referring to a June 3rd letter to the Planning Director, Exhibit 29, Ms. Everett, also representing the Port of Anacortes, spoke in favor of "general aviation" as a description of the Anacortes Airport. Ms. Jean LaRue, 3419 N Avenue, spoke in favor of limiting retail space, and spoke against assisted living centers in the Commercial Marine zone. Ms. Ramona Hammerly, 1710 7th St., spoke in favor of restricting the size of retail buildings. Mr. Chris Bounds, 1517 Barrett Rd., Mt. Vernon, Vice President with Thrifty Foods, described Thrifty's plans to expand their local facility from its current 21,000 square feet. Mr. Jack Richardson, 5601 D Avenue, spoke in support of the 45,000 square foot limit for retail space. There were no further comments and the Mayor declared the Public Hearing closed. At approximately 10:30 p.m. the Mayor continued the meeting to Monday, June 24, 1996 at 7:30 p.m. 1237 Continued Meeting of June 17, 1996 Held on June 24, 1996 Roll call found present: Bud Rock, Ben Root, Jeanne Robinette, Terry Christiansen, Ken Brown, and Bill Carlisle. Absent: Ray Sizemore. The Mayor opened the continued City Council meeting of June 17 at 7:30 p.m. He pointed out the public hearing on the Comprehensive Plan and Development Regulations amendments for 1996 was closed at the end of the evening of June 17 and this was an opportunity for Council deliberation on the matters presented to them by the �Tjublic and Planning Commission. Ms. Robinette submitted a one-page worksheet dai!ad June 24 that listed each of the proposed changes together with an assessment of their,t status, the public testimony, the exhibits received, and the action called for by the Coun -", prior to September. The Council proceeded down this list. The Council generally agre'-d to forward the Planning Commission's recommendations on to the State for the mandbtory 60 -day state agency comment period with the following modifications: the Capital Facilities Plan 1997-2002, the 1996 Park Plan Update, and the 1996 Transportation Study Update a.16: all to be clearly marked "Draft"; the congregate care conditional use proposal is to be limite, to the R2 -R4 residential zones with the following draft definition utilized: "In contrast with a using home, a congregate care facility is designed for elderly residents who need care in a c ).strolled setting with individual living units"; the MJB rezone request will be forwarded for state with the notation that a final environmental impact statement has yet to be prepares" for this project; and, the retail store size limitation proposal will be restated as follows: "Ma),jmum retail store size may be set at between 40,000 and 55,000 square feet with considers°;ion for a conditional use permit process and with adequate definitions and standards." It was noted that no further action would be taken on reducing the residential building height or in mandating RV and boat storage areas in new subdivisions. Further, the housekeeping changes in the City Zoning and Subdivision Codes and the Dakota Creek rezone will be moved forward for further consideration. Finally, it was noted that changes in the planned unit development ordinance would require additional work and public input. As to the particulars of the formal action taken by the City Council, Mr. Root moved that the disposition of the items identified above except the retail store size limitation be accepted at this time for forwarding to the State. The motion was seconded by Mr. Rock. Vote: Ayes - Rock, Root, Robinette, Christiansen, Brown, and Carlisle. The motion carried. As to the retail store size maximum, Mr. Carlisle moved that the City Council drop the retail store size limitations from further consideration. The motion died for lack of a second. Mr. Christiansen then moved that the Council further consider the retail store size limitation as stated above by forwarding it to the State. The motion was seconded by Mr. Root. Vote: Ayes - Rock, Root, Robinette, Christiansen, and Brown. No - Carlisle. The meeting adjourned at approximately 8:45 p.m. r e KXaiar%City 4erk-Treasurer H. Dean Maxwell, Mayo July 1, 1996 Mayor Maxwell called the July 1, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette. Absent: Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of June 17, 1996 and the minutes of the continued meeting of June 24, 1996 be approved as if read: Vote: Ayes - Root, Sizemore, Brown, Christiansen, Carlisle. Abstain: Robinette. Motion carried. Citizen Hearinas Mr. Malcolm Lorente, 3820 W. 4th St., asked why the construction detour routes keep changing and asked why West 4th Street is used on the detour route rather than West 6th St. Mayor Maxwell explained that the route may change due to contractor and neighborhood needs as well as due to construction progress. Mr. Carlisle supported Mr. Lorente's question. Mrs. Robinette suggested that the route be split between neighborhoods. Mr. Jim Pemberton, Director of Public Works, reported that West 6th St. was removed from the route due to safety issues due to a large number of children in the:area. Fully understanding the inconvenience to the neighborhood, the Mayor assured the community of the benefits of the finished project. Mr. Kevin Green, Commercial Avenue business owner, wanted to know when the paving of the public parking lot at the 400 Block of "O" Avenue would be completed, who the contractor is and why the businesses affected by the paving were not notified. Mayor Maxwell explained that the parking lot is provided by the City of Anacortes for the downtown business district. Mr. Bill Wooding is providing the improvements as a condition of a land sale agreement and the arrangements to improve the parking lot are a matter of public record. The Mayor encouraged Mr. Green to call him for further details. Mav_ or/Council Communications Mr. Christiansen suggested using West 6th Street for the construction route referenced earlier in the evening. Ordinance: Utilitv Disconnect Fee (This discussion is on tape and filed at City Hall). Mayor Maxwell presented an Ordinance to Council reflecting action previously taken by Council to establish utility rates that would equitably assess basic utility system charges to all customers including those who have their utility billing suspended for a period of time. Mrs. Robinette suggested that more information from the Finance Department would be needed before taking action on this matter. Mr. Brown had additional cost questions. Mr. Christiansen spoke in favor of the proposed fixed charges. Discussion followed regarding solid waste charges, low income/senior citizen rates, and impact on the finance department from billing changes. Council also discussed an overall basic rate amendment versus a specific disconnect/connect fee amendment. Various billing options were discussed and reviewed. Mrs. Robinette moved to revise the rate system to charge all customers for systems costs plus consumption excluding sanitation (to be reviewed with Finance). Motion died for lack of a second. Mr. Carlisle then moved, seconded by Mr. Christiansen, to charge basic systems costs to all customers whether there is usage or not. Discussion followed regarding rate Ordinance amendments required by this approach. After further discussion, Mr. Carlisle moved, seconded by Mr. Brown, to amend his motion to exclude low income utility accounts from disconnect charges. Vote on the amendment: Ayes - Brown. Nays - Sizemore, Christiansen, Robinette, Carlisle, Root. Motion failed. Vote on the main motion: Ayes - Brown, Christiansen, Robinette, Carlisle, Root, Sizemore. Motion carried. Voucher Aooroval Mr. Sizemore 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 June 20, 1996 and June 27, 1996 be approved for payment as of this date, July 1, 1996. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Claims Vouchers Jul, 1996 Warrant Numbers 46271 through 46380 in the total amount of $209,347.13 Draw Pavroll Jun, 1996 Warrant Numbers 3349 through 3478 in the total amount of $69,004.00 Ordinance: Vacating a Portion of "A" Avenue Mayor Maxwell presented an Ordinance to Council that reflects action previously taken to vacate "A" Avenue adjacent to Blocks 4 and 5, Northern Pacific Addition, and Block 245, Map of the City of Anacortes. By way of this Ordinance the City also reserves a utility easement over the area to be vacated. On a question from Mrs. Robinette the City Attorney explained the significance of vacating right-of-way while retaining a utility easement. Mr. Christiansen then moved, seconded by Mr. Brown to adopt Ordinance No. 2402 entitled "An Ordinance Vacating that Certain Portion of "A" Avenue." Vote: Ayes - Robinette, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. 1239 July 1, 1996 - continued Nuisance Abatement Ordinance Amendments Mr. Steve Mansfield, City Attorney, presented a proposed amendment to the City's Nuisance Abatement Ordinance. Mr. Mansfield explained that the Planning Director, in response to requests from land owners in the City's Industrial Park, submitted an amendment to the Municipal Code, Chapter 8.12 as follows: Subsection 18.12.020(c)(3): "3. The amenity provided by properly maintained landscaping in the City right-of-way between the property line and the sidewalk or curb." Discussion followed regarding determined by the Fire Department as a fire or health hazard. Mr. Mansfield explained that Mr. Christiansen pointed out that Subsection 8.12.080, Schedule of Charges, should be updated as well. Mr. Root moved, seconded by Mr. Christiansen, to table this matter for further review. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Street Closures Mr. Root moved, seconded by Mr. Carlisle to approve the following street closures: Shipwreck Days, Commercial Avenue from 4th to 10th Streets, July 20th from 6:00 a.m. to 6:00 p.m. and the Eagles Salmon Bar-b-Que, east 1/2 of 7th Street between Commercial Avenue and "Q" Avenue, parking strip on "Q" Avenue along the east side of the Eagles Hall, August 16th, 17th and 18th from 7:00 a.m. to 7:00 p.m. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Carlisle. Motion carried. Ordinance: Limitina Parkina - South Side of 10th St.. East of Commercial Avenue Mayor Maxwell presented an Ordinance to Council that establishes a time limit of two hours for parking along the south side of 10th street east of Commercial Avenue. The intent of the restriction is to discourage SKAT ferry shuttle users from occupying curbside parking for long periods. Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2403. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Carlisle, Root. Motion carried. Bid Award" "D" Avenue Construction and Construction Enaineerina Services Mr. Jim Pemberton, Director of Public Works, reported that bids were opened for the construction of "D" Avenue from 12th Street to approximately 17th Street. Low bid was received from SVR Construction, Oak Harbor, in the amount of $308,548.98. Reference checks were initiated but have not been completed. With the proviso that the reference check results are acceptable to the City, Mr. Root moved, seconded by Mr. Sizemore to accept the low bid from SVR Construction. Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Root, Sizemore. Motion carried. In conjunction with the "D" Avenue reconstruction, Mr. Gordon Bruchner, City Engineer, submitted an agreement amendment to Council for approval. The agreement is with Perteet Engineering for construction phase services and the amendment is for construction engineering and inspection. The amendment would increase the agreement lump sum maximum amount payable by $42,300. Staff recommends approval of the amendment. Mr. Christiansen so moved, seconded by Mr. Sizemore. Vote: Ayes - Christiansen, Robinette, Carlisle, Root, Sizemore, Brown. Motion carried. Bid Award: Standbv Emeraencv Generator - Water Treatment Plant Mr. Jim Pemberton, Director of Public Works, reported that rebids were opened for the standby emergency generator for the water treatment plant. Low bids were received from NC Machinery, Seattle, for the generator in the amount of $144,652.58 and from 7 -Sisters, Sedro Woolley, for site work and installation in the amount of $67,639.11. Mr. Ed Capasso, Water Treatment Plant Manager, answered questions from Council and discussion followed regarding efforts made by staff to locate surplus equipment, project costs and installation time parameters and equipment warranty. Mr. Carlisle moved, seconded by Mrs. Robinette, to award the low bids. Vote: Ayes - Robinette, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Ordinance: Establishina Wards and Precincts Mr. Steve Mansfield, City Attorney, submitted an Ordinance to Council that would update the wards and precincts within the City of Anacortes. Ordinance No. 1592, approved in June of 1973, and any other Ordinance in conflict with it would be repealed by the new Ordinance. Mr. Carlisle moved, seconded by Mr. Sizemore, that Ordinance No. 2404 be adopted. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. There being no further business, at approximately 9:45 p.m. the Mayor adjourned the meeting. G e KVaian, City Clerk -Treasurer H. Dean Maxwell ayor July 15, 1996 Mayor Maxwell called the July 15, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Jeanne Robinette, Bud Rock. Absent: Terry Christiansen. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Sizemore moved, seconded by Mrs. Robinette, that the minutes of July 1, 1996 be approved as if read: Vote: Ayes - Root, Sizemore, Brown, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas Mr. Bud Lewis, 2701 Commercial Avenue, urged the City to install or have installed appropriate signs at the SR/20 R Avenue interchange alerting drivers to the existence of a service and business district on Commercial Avenue. Mr. Jim Pemberton, Director of Public Works reported on the steps taken to date to request permission from the Department of Transportation for specific business -oriented signs on SR/20 - Commercial Avenue. Mrs. Donna Radtke, Left Bank Antiques, suggested better signage to direct ferry traffic. Councilman Brown suggested the installation of a sign at the end of the freeway directing ferry and Highway 20 spur traffic toward Commercial Avenue. Mavor/Council Communications Mayor Maxwell commended the efforts of two Anacortes citizens: Kenny Oakes who assisted in controlling a fire in the forestlands and Charlene Talbert who assisted in a recent medical emergency. Ordinance: Utilitv Disconnect Fee (This discussion is on tape and filed at City Hall). Councilman Carlisle opened the discussion on the revised Ordinance now before Council establishing rates for utility services. He suggested that the proposed language changes more closely reflect the action/consensus previously reached by Council during its extensive review of this issue. Mr. Rock suggested that approval of the attached "Exhibit A" establishing the fixed utility charges should be a separate action from approval of the Ordinance itself. With that Mr. Rock moved, seconded by Mr. Carlisle to adopt Ordinance No. 2405 entitled "An Ordinance Establishing Minimum Rates for Utility Services Whether Residential Municipal Utility Service is temporarily Discontinued or Not." Vote: Ayes - Root, Sizemore, Brown, Robinette, Rock, Carlisle. Motion carried. Review of basic fixed charges itemized in "Exhibit A" followed. Discussion centered around garbage/recycle charges and utility billing procedures. Council agreed on using the $8.00 basic fixed charge for garbage. After further discussion, Mr. Sizemore moved, seconded by Mr. Brown, to adopt "Exhibit A" entitled "Basic Fixed Charges for Single Family Residential Utilities Utilizing a 3/4" Meter:" Vote: Ayes - Sizemore, Brown, Robinette, Rock, Carlisle, Root. Motion carried. Stormsewer: General Facilities Charae (Informational Onlvj Mr. Jim Pemberton, Director of Public Works, introduced this item to Council. By way of background he explained that the City executed a contract for services with EES to evaluate the City's existing stormwater ordinance and to study the basis for establishing a general facilities charge for that utility. Part of that review included analysis of the Stormwater Management Plan. Mr. Pemberton then introduced Mr. Bob Wubbena of EES. Mr. Wubbena reviewed his April 4, 1996 memorandum entitled "Letter Report of Stormwater Utility Ordinance and General Facilities Charge". Specifically, he reviewed the EES recommendations including Impervious Surface Unit user charge rates and the breakdown and distribution of the fees collected and the challenge of equitably imposing the rates. At the conclusion of Mr. Wubbena's review the Mayor announced that there would be a Study Session on this issue. Consent Aaenda I Mayor Maxwell asked that item "c" of the consent agenda be removed. With that, Mr. Sizemore moved, seconded by Mr. Brown that the following Consent Agenda items be approved. Vote: Ayes - Brown, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. 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 July 1, 1996 be approved for payment as of this date, July 15, 1996. Vote was unanimous. Claims Vouchers Jul, 1996 Warrant Numbers 46385 through 46507 in the total amount of $219,849.95 Prewritten Claims Jun, 1996 Warrant Numbers 46108-46112, 46266-46270 in the total amount of $59,572.75 1241 July 15, 1996 - continued Payroll Jun, 1996 Warrant Numbers 3479 through 3728 in the total amount of $552,504.96 Council approved the cancellation of Warrant Number 46041 in the amount of $10.00. Council adopted Ordinance No. 2406 reflecting action previously taken by Council to vacate a portion of 13th Street. Consent Aaenda Item "c" Museum/Library Board Anoointments Mayor Maxwell submitted the following nominations for Board appointments: Mr. Joe Hansen, Mr. Gib Moore, Mrs. Dorothy Nicholson, and Mrs. Yvonne Messick to the Museum Board and Mr. Ted Parrish and Mrs. Karen Wisnieski to the Library Board. The Mayor and Council thanked the appointees for stepping forward to assist in the development of the Museum and Library. Mr. Carlisle moved, seconded by Mr. Brown to confirm the appointments. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Securitv Investors Senior Housina Proiect -13th Street Mayor Maxwell introduced Mr. Lanny Wixson of Security Investors, Inc. Mr. Wixson presented a display of the senior living facility to be constructed at 13th Street and "0" Avenue. He reported that the groundbreaking would be the first of August. Final Plat: Sutton Place Mr. Jim Pemberton, Director of Public Works, presented the 11 -lot Sutton Place Final Plat submittal. Mr. Pemberton reported that the Planning Commission recommended approval. All improvements are complete and the required Ohio stop sign will be installed by the City and the customer will be billed for the work. Mrs. Robinette asked about the required improvements to Ohio Avenue. Mr. Carlisle expressed concern regarding the project's avigation easement. The City Attorney clarified that the easement is an agreement between the Port of Anacortes, runs with the land and is not an agreement the City is a party to. Discussion followed regarding avigation easement language. Mr. Carlisle moved to table this matter for four weeks so that the easement language can be reviewed by City and Port staff. Motion died for a lack of a second. Discussion followed regarding the City requirement of an avigation easement as part of the plat approval. Mr. Root moved, seconded by Mr. Rock, to approve the Final Plat of Sutton Place. Vote: Ayes - Rock, Root, Sizemore, Brown, Robinette. No. Carlisle. Motion carried. Closed Record Review: Wilmoor Development Conditional Use The City Attorney, Mr. Steve Mansfield , introduced the new Council land use hearing structure pursuant to the Regulatory Reform requirements. The Planning Commission has been designated the body that conducts the Open Record Public Hearing. The Commission creates a record on the basis of that hearing and then makes a recommendation to Council. The Council then receives the record of that hearing and does not take any additional testimony but makes its decision based on the record created by the Planning Commission. There has been no appeal to the Conditional Use application now before Council. Wilmoor Development has requested the use of a private drive as access to 3803 Sterling Drive. This Conditional Use permit application is a requirement of the Sterling Place Plat. No appeal of the Planning Commission recommendation has been filed. Based on the record presented to Council and based on the absence of a formal appeal, Mr. Root moved, seconded by Mr. Carlisle, to approve the Conditional Use Permit Application to use a private drive as access to 3803 Sterling Drive. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Robinette, Rock. Motion carried. Closed Record Review: TCI Cablevision Conditional Use Mayor Maxwell presented an memo from the Planning Director and a packet from the Planning Commission regarding a Conditional Use Application submitted by TCI Cablevision to locate a switching station at 3901 B "H" Avenue. The Council has a transcript of the Open Record Public Hearing held by the Planning Commission together with the Findings of Fact and Conclusions of Law incorporating staff recommendations and project conditions. The Planning Commission voted to recommend approval to the City Council subject to the seven conditions recommended by staff as outlined in the Findings of Fact. No appeals were filed. Mr. Root complimented TCI on its efforts to provide better channel choice and service for Anacortes. Based on the record forwarded to Council from the Planning Commission and based on the absence of a formal appeal, Mr. Root moved, seconded by Rock, to approve the Conditional Use Application to construct a switching station at 3901 B "H" Avenue subject to the conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes - Root, Sizemore, Brown, Robinette, Rock, Carlisle. Motion carried. Discussion followed regarding the new regulatory reform procedures and format for Council project question and answer. Mr. Carlisle pointed out that if Council deemed necessary, the Council can take the Public Hearing process from the Planning Commission. 1242 July 15, 1996 -continued Closed Record Review: Conditional Use Aonlication Lambert - Continued to Aua_ust 19, 996 Mayor Maxwell announced that this matter, originally scheduled for August 5, 1996 will be continued to August 19, 1996. The Planning Commission has not completed its Open Record Public Hearing on this matter. Purchase Order Approval: Replacement Pumps Clearidae Sewaae Pumoina Station Mr. Jim Pemberton, Director of Public Works, reviewed a staff request for Council to review and approve a purchase order to buy two replacement pumps for the Clearidge pump station. The project engineer, Semrau & Lisser, is preparing the plans, specifications and bid documents for this project. On a question from Council the City Attorney explained the exception under the bid law for sole source equipment. Mr. Root moved, seconded by Mr. Carlisle, to approve the purchase order for the two replacement pumps. Vote: Ayes - Sizemore, Brown, Robinette, Rock, Carlisle, Root. Motion carried. Purchase Order Approval: Sewaae Sludae Incinerator Emissions Test Mr. Jim Pemberton, director of Public Works, reviewed a staff request for Council to review and approve a purchase order for Amtest Air Quality to perform emissions testing at the wastewater treatment plant. Mr. Sizemore moved, seconded by Mr. Carlisle to approve the purchase order for Amtest Air Quality to perform emissions testing at the wastewater treatment plant. Vote: Ayes - Brown, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. At approximately 9:20 p.m. Mayor Maxwell announced that the meeting would be continued to Monday, July 22, 1996 at 7:30 p.m. to conduct a Public Hearing on the TO Cablevision channel review. 1243 August 5, 1996 Mayor Maxwell called the August 5, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ben Root. The Pledge of Allegiance followed roll call. Minutes of Previous Meeting Mr. Carlisle moved, seconded by Mr. Rock, that the minutes of July 15, 1996 be approved as if read: Vote: Ayes - Sizemore, Brown, Robinette, Rock, Carlisle. Abstain: Christiansen. Motion carried. Mavor/Council Communications Mayor Maxwell greeted Deputy Mayor Ko Miura of Anacortes' Sister City, Kisakata, Japan. Mr. Yoshi Nishikawa translated Mayor Maxwell's comments on the significance of the 2nd Kisakata/Anacortes Youth and Community Exchange. Deputy Mayor Miura then described the significant features of Kisakata and expressed appreciation for the kindness and consideration shown to the 20 visitors from Kisakata. He then presented a gift of a carved stone lantern to Mayor Maxwell. He then extended an official invitation to Mayor Maxwell to attend Kisakata's Centennial celebration in September. Mr. Sloan Carlson translated Deputy Mayor Miura's comments. At the conclusion of the Deputy Mayor's remarks the 15 visiting Kisakata Middle School students performed a traditional song and dance. Mrs. Theda Morton of the Sister City Organization presented videos of Anacortes to each of the Kisakata visitors. Mayor Maxwell then read a letter from the Washington State Department of Health announcing that a Certificate of Competency has been issued to Dustin V. Knowles as a Water Distribution Specialist 1. The letter also congratulated Mr. Knowles on his service to his community. Citizen Hearinas Mr. Curt Oppel, 2803 "B" Avenue submitted a 38 -signature petition to the Mayor and Council concerning "B" Avenue between 26th and 29th Streets. Specifically, the neighbors of the Cypress Ridge development are concerned about street development and would like to participate in the planning process. Mrs. Robinette referred Mr. Oppel to a copy of a memo outlling her thoughts on this issue. Continue Closed Record Review of the Lambert Conditional Use Application Mayor Maxwell pointed out that the Closed Record Review of the Lambert Conditional Use application to use a private street as access at 16th Street and "J" Avenue has been continued to August 19, 1996. The Planning Commission is still in the process of conducting its Open Record Review on this matter. Lvons Club Carnival - 9th Street and "R" Avenue Mayor Maxwell presented a request from the Anacortes Lyons Club to locate a carnival at 9th Street between "Q" and "R" Avenues. The carnival is a fund-raiser for the Lyons Club and an application has been submitted to hold the carnival at the 9th street location (same location used for last year's carnival). There will be no street closures and the carnival will be held from August 9th -11 th. Provisions have been made to locate the generators away from the adjacent buildings. Copies of the application were distributed to Council. After reviewing the application, Mr. Rock reported on the number of complaints he received regarding last year's carnival. The complaints were from the senior housing complex located next to the carnival site. Council also pointed out that more review time is required when an application is submitted. Lengthy discussion followed regarding noise mitigation and directing staff to locate an alternate carnival site in the Urban Renewal Area. Mr. Rock moved, seconded by Mr. Carlisle, to approve the carnival application for August 9th through August 11th and that the carnival be located at an alternate site. Mrs. Robinette pointed out that community emphasis has been to develop the Anacortes waterfront this use would draw visitors to that area, Vote: Ayes - Christiansen, Rock, Carlisle, Sizemore, Brown. No - Robinette. Motion carried. Consideration of Bids on Water Replacement Project Mr. Gordon Bruchner, City Engineer, presented the bids received on various waterline replacement projects. The low bid was received from AR and Company, Arlington in the amount of $121,160.02. Mr. Bruchner pointed out that AR and Company constructed the recently completed Shannon Point Road waterline. Mr. Sizemore moved, seconded by Mr. Carlisle to award the project to AR and Company, Arlington in the amount of $121,260.02. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Update: Memorandum of Aareement Reaardina Utilization of Skaa_it River Basin Water Resources for In Stream and Out of Stream Purposes Mayor Maxwell introduced this item by saying that with the execution of this agreement between the City of Anacortes, the Skagit County PUD and the local Indian Tribes certainty will be given for water for Skagit County residences for the next 50 years. Mr. Jim Pemberton, Director of Public Works, passed out an updated packet including text changes resulting from recent negotiations with the Tribes and the Department of Ecology. Mr. Pemberton then reviewed the history of current City of Anacortes water rights claims. He also discussed the development of the current regional approach to the water rights issue. The City would also August 5, 1996 - continued join with Skagit PUD in establishing In Stream flows and to fund an In Stream Flow Study. Discussion followed regarding definition of "groundwater incontinuity", the significance of the phrase "in any way", page 3, exempt wells, the IFM Study and the need for an opportunity for public comment on the agreement. This matter will be back to Council for consideration on August 19th. Discussion followed regarding funding for the IMF Study, scope of work, established budget and the need to continue moving forward in the water rights negotiations. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Carlisle, that the following Consent Agenda items be approved. Vote: Ayes - Brown, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Voucher ADDroval 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 July 18, 1996 and August 1, 1996 be approved for payment as of this date, August 5, 1996. Vote was unanimous. Claims Vouchers Aug, 1996 Warrant Numbers 46512 through 46767 in the total amount of $385,594.11 Prewritten Claims Jul, 1996 Warrant Numbers 46381 through 46384, 46508 through 46511 in the total amount of $69,017.33 Payroll Jul, 1996 Warrant Numbers 3860 through 4109 in the total amount of $570,370.60 Draw Pavroll Jul, 1996 Warrant Numbers 3729 through 38359 in the total amount of $70,029.00 Council approved the Findings of Fact and Conclusions of Law for the TCI Cablevision Conditional Use ADA Video Presentation - Water Treatment Plant Mayor Maxwell introduced Mr. Neil Bray, one of the senior operators at the treatment plant and video project coordinator. Mr. Bray explained that the plant is a remote industrial site and not generally accessible to the public except for the occasional tour. ADA -identified improvements necessary for building accessibility can be satisfied by the use of a video of the plant operation. This video would then be made available at the library and at accessible sites. KVOS TV assisted in the development of the video and plant personnel wrote the script as well as performed in the video. Latecomer Aareement: Williams/Cunninaham Mr. Jim Pemberton, Director of Public Works, presented a Latecomers Agreement for Council approval. The agreement application was submitted by Dawni Cunningham and Lance Williams to recover costs associated with the construction of a water distribution line on Harrison Avenue between Shannon Point Road and Morton Avenue. Property owners were notified and no one requested a public hearing on this matter. Mr. Rock moved, seconded by Mr. Christiansen, to approve the Latecomer Agreement. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Resolution: Policies and Procedures Grandview Cemetery Mr. Gary Robinson, Director of Parks and Recreation, presented a Resolution to Council that would amend the Policies and Procedures of Grandview Cemetery and that would amend the Fee Schedule. These revisions were previously reviewed by the Council in Study Session. Mr. Carlisle moved, seconded by Mr. Rock, to adopt Resolution No. 1415 entitled "A Resolution Adopting Amendments to the Policies and Procedures of Grandview Cemetery and Amending Fee Schedule". Vote; Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried Surplus Sale of Miscellaneous Fittinas Mayor Maxwell submitted a request for the Council to declare certain fittings described in a July 11, 1996 memorandum from Doug Terry to Mike Foster as surplus and to approve the sale of the items to Foreman's Flange and Tap Company for $1,780.00. On a question from Mrs. Robinette, the City Attorney, Mr. Steve Mansfield, said that several unsuccessful attempts had been made to dispose of this material. Mr. Rock moved, seconded by Mr. Sizemore, to approve the surplus and sale of miscellaneous fittings. Vote; Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. At 10:05 p.m., there being no further business the meeting was adjourned. G ge Khifaian, City Clerk -Treasurer VY.H. Dean Max$ , Mayon 1244 12445 August 19, 1996 Mayor Maxwell called the August 19, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meeting Mr. Carlisle moved, seconded by Mr. Sizemore, that the minutes of August 5, 1996 be approved as if read: Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on items not on the agenda. Mavor/Council Communications Mayor Maxwell announced that there would at a 2:00 p.m. Ribbon Cutting Ceremony to commemorate the completion of Anacopper Mine Road, a joint project between the City of Anacortes, the Port of Anacortes and Woolworth Development. Public Librarv's Summer Readina Proaram Award Ceremony The award ceremony began with a summary of the Library's Summer Reading Program presented by Ms. Rae Kozloff, Children's Librarian. She told the audience that the purpose of the program is to encourage children to read during the summer vacation. 109 students completed the program indicating that they had read at least 15 hours during the 7 weeks of the program. The Summer Reading Program is funded by the Friends of the Library. Ms. Kozloff pointed out that the Dessert Show had donated prizes. Mayor Maxwell then presented the award certificate to each of the participants. Commemorative photos were taken. South March Point/SR 20 Annexation: Ordinance Planning Director, Mr. Ian Munce, provided a brief background summary of the annexation process. The process began with a 10% petition signed by property owners in the South March Point annexation area, followed by a petition with approximately 64% of the assessed valuation signatures. A public hearing was held, two letters of comment were received as well as 3 additional petition signatures. All City procedural steps have been completed. Future steps require the County's Comprehensive Plan adoption and concurrence of The Boundary Review Board, both anticipated to occur later in the year. The Ordinance now before Council recites the action taken to date and enacts the annexation the first of 1997. Revenue sharing with the County was enacted in June and the Public Works Department is developing a Request for Proposal for engineering work on the sewer systems. Mr. Munce emphasized that the City now has a valid petition signed by a majority of the property owners. Mrs. Robinette began the Council discussion by suggesting that the annexation Ordinance contain a clause clarifying that the $290,000 in sewer -hookup fees be committed before sewer construction begins. Mr. Munce clarified that sales tax revenue generated will be used for sewer design. Mr. Carlisle, highlighting the public health need for sewer facilities in this area, moved to adopt Ordinance No. 2407 entitled "Annexation - South March Point/SR 20". Commending Mr. Munce for his efforts on this project, Mr. Sizemore seconded the motion. After further discussion, Mrs. Robinette moved to amend the motion with the addition of "Whereas, $290,000 in sewer hookup fees must be firmly committed before sewer construction is begun." Agreeing that the Ordinance should specifically reflect the City's financial commitment, Mr. Rock seconded the Motion. Mr. Root asked for an explanation on the necessity for this addition to the Ordinance. Vote on amendment: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock. No - Carlisle, Root. Motion carried. Vote on main Motion: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Land Sale to Whisoerina Winds (Modification): Resolution Mr. Ian Munce, Planning Director, presented an overhead display highlighting the proposed Urban Renewal property sale to Whispering Winds. The revisions to the previously approved purchase and sale agreement differs in total area, in a fixed performance date in return for a non-refundable option fee, and in a lease option arrangement. At the conclusion of Council discussion Mr. Christiansen moved, seconded by Mr. Rock, to adopt Resolution No. 1416 entitled "A Resolution Authorizing a Revised Sales Agreement by and between the City of Anacortes and the Partnership of Koffron, Koffron, Metzger and Christofersen (Whispering Winds). Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Memorandum of Aareement (MOA): Utilization of Skaa_it River Basin Water Resources for In -Stream and Out -of -Stream Purooses Mr. Jim Pemberton, Director of Public Works, summarized efforts made over the last 12 years by the City to clarify water rights issues. Initially, application was made to the Department of Ecology to convert to a surface water right. Three years ago an additional application was filed to change the point of diversion to a point 1,500' from the existing Water Treatment Plant. These applications require DOE approval. The City has also been discussing related water August 19, 1996 - continued rights issues with the Skagit PUD and with local Native American tribes. The Memorandum of Agreement now before Council provides, in part, a certainty of 55,000,000 gallons per day and certified water rights on the Skagit River not subject to any future in -stream flows. The Tribes have agreed not to challenge this application. The City has also agreed to participate with the Skagit PUD in the in -stream study flow process. Pointing out that the City of Anacortes is in the forefront in developing water rights issues, Mr. Brown spoke in favor of the MOA. Discussion followed. Mr. Christiansen passed out information to the Mayor and Council pertinent to this issue. Mr. Christiansen asked if there are DOE -established minimum flows on the Skagit River. With these and other issues raised regarding individual property rights, Mr. Christiansen moved to table this matter. Motion died for a lack of a second. Mr. Carlisle then moved to authorize the Mayor to execute the Memorandum of Agreement. Mr. Brown seconded the motion. Vote: Robinette, Rock, Carlisle, Root, Sizemore, Brown. No - Christiansen. Motion carried. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Rock, that the following Consent Agenda items be approved. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Voucher Annroval 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 August 8, 1996 and August 15, 1996 be approved for payment as of this date, August 19, 1996. Vote was unanimous. Claims Vouchers Aug, 1996 Warrant Numbers 46773 through 46918 in the total amount of $247,197.41 Draw Pavroll Aug, 1996 Warrant Numbers 4110 through 4246 in the total amount of $72,054.11 Council adopted Resolution No. 1417 setting September 16, 1996 as the Public Hearing Date on a Petition to Vacate portions of "B", "C" Avenues, 25th, 26th and 27th Streets Council canceled Warrant # 46734 in the amount of $50.00 Closed Record Review: Bullock Conditional Use Mayor Maxwell initiated the Closed Record Review on a Conditional Use Application submitted by Mr. and Mrs. Tom Bullock to use a private street as access to a proposed 3 -lot short plat in the general vicinity of Spruce Street and 38th Street. Mrs. Robinette and Mr. Sizemore both acknowledged that they know Mr. and Mrs. Bullock personally and asked if anyone in the audience had an objection to their hearing this matter. There were no objections. Mr. Ian Munce, Planning Director, used an overhead display to highlight the project vicinity and existing street pattern. He then reported that the matter was heard by the Planning Commission in Public Hearing, the Commission recommended approval subject to conditions and no appeal was filed. The Findings of Fact and Conclusions of Law incorporating staff comments, the Public Hearing transcript, the application and drawing were all forwarded to the Council prior to this meeting. Mr. Root moved, based on the Closed Record provided to Council, to accept the Findings of Fact and Conclusions of Law and to authorize the Planning Director to grant a Conditional Use Permit to Mr. and Mrs. Tom Bullock to use a private drive as access at their proposed 3 -lot short plat off of Spruce Street. Mr. Sizemore seconded the motion. Council then clarified utility locations and proper Closed Record Review procedures. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Closed Record Review: Lambert Conditional Use Mayor Maxwell continued this matter October 7, 1996. Public Hearina: Vacation - Portion of West 3rd Street Mayor M axwel F continued this matter to October 7, 1996. Resolution: Settina Hours for Motorized Vehicles: Washinaton Park Loon Road Mayor Maxwell introduced this item by saying that this matter had been previously discussed and reviewed by Council in Study Session. Mr. Rock moved, seconded by Mr. Carlisle, to adopte Resolution No. 1418 entitled "A Resolution Amending Certain Policies for the Operation of Washington Park." With this amendment Washington Park Loop Road will be open to motorized traffic after 10:00 a.m. Discussion followed regarding pedestrian right of way. Mr. Carlisle suggested holding a discussion on both traffic direction through park and the 10 m.p.h. speed limit. Mr. Gary Robinson, Director of Parks and Recreation, answered questions from Council. Mr. Christiansen questioned restricting public facilities. Mr. Sizemore also expressed concern for restricting disabled citizens from using the Loop Road during that 1247 August 19, 1996 - continued time period. Mrs. Robinette moved to amend the motion by adding the 10 m.p.h. speed limit to paragraph 4. Motion died for a lack of a second. Vote on main motion: Ayes - Root, Brown, Christiansen, Robinette, Rock, Carlisle. No - Sizemore. Motion carried. Resolution: Rules for Land Use Anneals Mr. Ian Munce, Planning Director, presented a Resolution that would amend the City's adopted appeal procedures pursuant to the Regulatory Reform Act of 1995 with regard to Land use issues. These changes are recommended as a result of an audit of the City's Land Use procedures conducted by the Washington State Insurance Authority. The three major amendments are: at Planning Commission all testimony taken under oath; Planning Commission should adopt their rules by Resolution; Council adopt Rules covering Land Use Appeals. The Resolution before Council clarifies, in part, that all appeals must be filed within 5 working days of the date of the decision, all appeals should specify the errors of law, errors of fact, or error of procedure. After discussion Mr. Carlisle moved to adopt Resolution No. 1419 entitled "Rules for Appeals of Land use Administrative Decisions" with the proviso that the appeals rules be adopted on an interim 90 -day basis. Mr. Brown seconded the Motion. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Land Sale to Andrews Electric Mr. Ian Munce, Planning Director, presented a proposed sales agreement for Council's consideration. The proposal is to sell an approximately 4,200 square foot parcel located at the end of 34th Street and "V" Avenue formerly known as the Credit Union Building. Mr. Munce described particular features of this property including abandoned fuel tanks and title issues. The Real Estate purchase agreement terms address these issues and clarifies liability with regard to title and removal of the tanks. Mr. Brown moved, seconded by Mr. Sizemore, to adopt Resolution No. 1420 authorizing the Sales Agreement between the City of Anacortes and Andrews Electric. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. There being no further business, the meeting was adjourned at 10:15 p.m. Ge ge Kht6ian, City Clerk -Treasurer — --Al. Aa,!,,:2 Dean Maxwell, Mayr September 3, 1996 Mayor Pro -Tem Rock called the September 3, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bud Rock, Ken Brown, Terry Christiansen, Jeanne Robinette. Absent: Mayor Dean Maxwell, Bill Carlisle, Ben Root, Ray Sizemore. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of August 19, 1996 be approved as if read: Vote: Ayes - Brown, Christiansen, Robinette, Rock. Motion carried. Citizen Hearinas No citizens present wished to testify on items not on the agenda. Mavor/Council Communications Mrs. Robinette discussed her memo reviewing Council action taken to date with regard to annexation. Mrs. Robinette reminded Councilmembers that registrations are due for the October 16, 1996 legislative meeting with candidates and legislators. The meeting, to be held in Mt. Vernon, is sponsored by the Association of Washington Cities. Consent Aaenda Mr. Brown moved, seconded by Mr. Christiansen, that the following Consent Agenda items be approved. Vote: Ayes - Christiansen, Robinette, Rock, Brown. Motion carried. Voucher Annroval 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 August 22, 1996 and August 29, 1996 be approved for payment as of this date, September 3, 1996. Vote was unanimous. Claims Vouchers Sept 1996 Warrant Numbers 46768 through 47095 in the total amount of $425,103.58 Prewritten Claims Aug, 1996 Warrant Numbers 46770, 46919, 46769, 46768, 46772, 46771 in the total amount of $55,253.87 Council adopted Findings of Fact and Conclusions of Law for the Bullock Conditional Use Permit Purchase Order Aooroval: Puma Station 15 - Scrubber Mr. John Franz, WWTP Manager, presented this item to the Council and audience. He summarized the action taken to date to correct the Skyline and Ferry Terminal Conveyance wastewater odor problem. He described the scrubber process and reviewed the plans to use this process on a permanent basis. In conclusion Mr. Franz discussed the existing lease with Davis Water and Waste Corporation for a two-stage packed tower odor scrubber. The scrubber is leased under an approved contract with an option to purchase. The total purchase price of the scrubber unit is $22,000. Mr. Franz answered questions from Council regarding the impact on the odor problem from the Ferry Terminal discharge. Mrs. Robinette moved, seconded by Mr. Brown, to approve the Purchase Order for the PS#15 Odor Scrubber. Vote: Ayes - Robinette, Rock, Brown, Christiansen. Motion carried. Pumo Station Reolacement Proiect Mr. John Franz, WWTP Manager, presented this item to the Council and audience. He explained that bids were received for the pump station replacement project. Low bid was received from Pottle and Sons Construction Co. in the amount of $93,085.30. Mr. Franz reported that responses to low bidder background inquiries were favorable. Discussion followed regarding budget considerations. Mr. Christiansen moved, seconded by Mrs. Robinette to award the bid to Pottle and Sons Construction Co. for the pump station replacement project. Vote: Ayes - Rock, Brown, Christiansen, Robinette. Motion carried. Resolution: Authorizina Establishment of Marked Pedestrian Crosswalks Mr. Steve Mansfield, City Attorney, reviewed this item for the Council and audience. The Resolution before Council would authorize the Public Works Director to establish marked pedestrian crosswalks within the City. Mr. Mansfield explained that in order to have a crosswalk at a non -signalized intersection on a State Highway the Highway Department requires a Resolution of Authority for the Public Works Director to take such action. Mr. Mansfield explained that the intent is to have a marked crosswalk at the Thrifty complex, 15th and Commercial. Discussion followed regarding research on crosswalk safety issues. Mr. Christiansen suggested that ", or where designated by Council." be added to the last sentence of the Resolution. Council consensus was to table this matter until the full Council could discuss the safety issues. Mr. Brown moved, seconded by Mr. Christiansen to table this matter to the next City Council meeting. Vote: Ayes - Brown, Christiansen, Robinette, Rock. At approximately 8:05 p.m. Mayor Pro -Tem announced that the meeting would be continued to Monday, September 9, 1996 at 7:30 p.m. 1249 September 9, 1996 - Continued from September 3 Mayor Maxwell called the continued meeting of the City Council to order at 7:30 p.m. Roll call found present: Bud Rock, Ken Brown, Terry Christiansen, Jeanne Robinette, Bill Carlisle, Ben Root, and Ray Sizemore. Minutes of Previous Meetinq Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of the September 3, 1996 meeting be approved as if read. Vote: Ayes - Brown, Christiansen, Robinette, and Rock. Abstain: Root, Sizemore, and Carlisle. Establishina_ Marked Pedestrian Crosswalks Mr. Carlisle moved that the City Council raise this issue from the table. This motion was seconded by Mr. Root and passed unanimously. The Mayor and Council then discussed this issue with the City Public Works Director. After discussion, and correcting the reference to the State Department of Transportation, Mr. Sizemore moved that Resolution No. 1421, "Authorizing the Public Works Director for the City of Anacortes to Establish Marked Pedestrian Crosswalks within the City of Anacortes", be adopted. The motion was seconded by Mr. Rock. Vote: Ayes - Rock, Brown, Christiansen, Robinette, Carlisle, Root, and Sizemore. The motion carried. Reauest for Pr000sals (_RFP) - Sanitation The Mayor and Council then discussed the sanitation program with the City Public Works Director, Mr. Jim Pemberton. Mr. Pemberton reviewed changes that had been made in the sanitation program in recent months and described the resulting efficiencies. He further indicated that the acquisition of replacement vehicles had been deferred for further discussion with Mayor and Council. The City's Public Works subcommittee recommended that Requests for Proposals be issued to secure alternate proposals for providing sanitation service for the City of Anacortes. Further, private company proposals submitted would be compared directly with the proposal from the sanitation division. After discussion, Mr. Christiansen moved that the Mayor be authorized to contract with the firm of Economic and Engineering Services to prepare a detailed Request for Proposals for a sum not to exceed $3,500. The motion was seconded by Mr. Sizemore. There was discussion as to whether or not this was a sufficient amount to generate the detailed information necessary for the Request for Proposals. The motion passed. Vote: Ayes - Brown, Christiansen, Robinette, Root, and Sizemore. No - Carlisle and Rock. The motion carried. The Council went on to request that EES attend a future Council meeting to discuss the detailed work that would be necessary to prepare the Request for Proposal. Mr. Ian Munce, City Planning Director, reviewed progress on redeveloping the former site of the Publishers/API plywood mill. The meeting adjourned at approximately 9:30 p.m. Geo Kht,4ian, City CI rk-Treasurer H. Dean Maxwell, MAayor September 23, 1996 - Special Meeting Mayor Maxwell called the duly advertised Special Meeting of the Anacortes City Council tc order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Jeanne Robinette, Bud Rock. Absent: Terry Christiansen. Consideration of Asohalt Overlav Bids Mayor Maxwell introduced this item for Council approval. Bids were opened for the 1996 asphalt overlay project and the low bid was received from Lakeside Industries in the amount of $98,985.00. Mr. Carlisle moved, seconded by Mr. Sizemore, to award the bid to Lakeside Industries. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Robinette, Rock. Motion carried. September.. 16, 1996 Mayor Maxwell called the October 7, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Root moved, seconded by Mr. Carlisle, that the minutes of September 9, 1996 be approved as if read: Vote: Ayes - Root, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas Mrs. Lois Elber, 3813 West 3rd St., representing the neighborhood coalition, asked for information regarding burn bans. Specifically, Mrs. Elber reported on the telephone calls and complaints received in response to recent burning both at the airport and on lots on the north side of the 3900 block of West 3rd St. On a question from Mrs. Robinette, the Mayor said that some of the stumps being burned were from Anacopper Road. The Mayor then told Mrs. Elber that the Fire Chief would be calling her with a more detailed explanation. Acceot as Comolete: Electric Feed Svstem Modification/Water Treatment Plant Mr. Root moved, seconded by Mr. Brown, to accept the Electrical Feed System Modifications Project, WTP, as complete and to release retainage monies at the end of the 30 -day lien period if no liens are filed. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Voucher Approval Mr. Carlisle moved, seconded by Mrs. Robinette, that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 5, 1996 and September 12, 1996 be approved for payment as of this date, September 16, 1996. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Brown. Motion carried. Claims Vouchers Sept 1996 Warrant Numbers 47101 through 47256 in the total amount of $405,073.85 Payroll Aug, 1996 Warrant Numbers 4247 through 4523 in the total amount of $556,381.72 Public Hearina: Street Vacation/Portions of B and C Avenues. 25th. 26th and 27th Streets Mayor Maxwell opened the Public Hearing on a Petition submitted by Homestead, Northwest, Inc., to vacate portions of "B" and "C" Avenues and portions of 25th, 26th and 27th streets, all located in the Map of the City of Anacortes addition. Mr. Ian Munce, Planning Director, introduced this matter by pointing out that Homestead's residential development involves a portion of an older existing plat off of "D" Avenue. Using an overhead display, Mr. Munce showed how the project area adjoins both the City's forestlands to the west and the Woodside short plat to the south. As part of the vacation process the applicant proposes the dedication of 2 1/2 acres of wetland and undeveloped area to be added to the forestlands in exchange for the 1 1/2 acres of City right-of-way to be vacated. This exchange is similar to previously approved development projects for this property. Other issues raised included replanting of a wetland area, and the connection of "B" Avenue to the south to provide circulation improvements. The Board of Adjustment held a Public Hearing and recommended approval subject to a minimum setback of 20' from the south property line. Mr. Munce then introduced a September 13, 1996 letter from Kathleen Halle in support of the proposal. Mr. Curt Oppel, 2803 "B" Avenue, referring to a petition he submitted to Council at a previous meeting, spoke against development of "B" Avenue as a through street and he also asked for clarification on meeting notification. He also raised issues of neighborhood traffic and safety and spoke in favor of the 20' setback. Mr. Mike Metrokin, 2320 Forest View Lane, supported Mr. Oppel's comments and expressed appreciation for the Council's in depth review of this matter. Mr. Dick Vandenberg, 884 Sunrise, Lynden, representing the applicant, explained how the lots had been configured to maximize distance between the two plats and to allow for a 1.251 September _ 16. _.1.9.96 continued landscape buffer between the two. The applicant received positive response to this proposal form the neighbors. He then reviewed the full project layout. On a question from Mrs. Robinette, Mr. Vandenberg confirmed that "B" Avenue would be paved to the project south property line, but that preliminary plans submitted to engineering include a paved roadway connection to existing "B" Avenue. Mr. Vandenberg then answered a question from Mr. Carlisle by explaining that if there was encroachment into the 20' easement to the south the native vegetation would be enhanced. Mr. Oppel asked if discussions regarding development of "B" Avenue were part of the vacation deliberative process. There were no further comments and the Mayor declared the Public Hearing closed. As part of the discussion with Council the City Attorney, Mr. Steve Mansfield, talked about the difficulty of imposing development conditions, including drainage and access, on older existing plats. Mr. Christiansen pointed out the signatures of the abutting property owners on the Vacation Petition indicates their support of this project. With that Mr. Christiansen moved, seconded by Mr. Brown, to approve the vacation of portions of "B" and "C" Avenues, and portions of 25th, 26th and 27th Streets, to approve the provision of a 20' natural vegetation easement along the lots abutting vacated 27th street and to approve the 2 1/2 acres of open space as compensation for the vacated right-of-way. Mrs. Robinette discussed the City's circulation policies. Vote: Ayes - Robinette, Rock, Carlisle, Root, Brown, Christiansen. Motion carried. Resolution: Utilitv Video Inspection Policv and Fee Schedule Mayor Maxwell presented a Resolution to Council that would adopt policies and a fee schedule for the City -owned storm drain and sewer line video inspection equipment. In addition to use on City projects, the City has also provided this video service to developers and contractors. Mr. Mike Foster, Manager of Facilities and Equipment, explained that the both costs for replacement of video inspection equipment and fees for service have been factored into the new rate schedule. Mr. Rock moved, seconded by Mr. Christiansen, to adopt Resolution No. 1422 entitled "Adopting a Utility Video Inspection Policy and Fee Schedule". Vote: Ayes - Rock, Carlisle, Root, Brown, Christiansen, Robinette. Motion carried. Bid Award: 1996 Sewer Rehabilitation Proiect Mr. Dave Lervik, Staff Engineer, reviewed the bids received for the 1996 Sewer Rehabilitation Project. Low bid was received from CJ's Construction, Kent, Washington in the amount of $61,392.10. Mr. Lervik reported that the reference check was favorable. With that, Mr. Carlisle moved, seconded by Mr. Rock, to award the bid to CJ's Construction. Vote: Ayes - Carlisle, Root, Brown, Christiansen, Robinette, Rock. Motion carried. Bid Award: Shannon Point Road Reconstruction Mr. Gordon Bruchner, City Engineer, reported that bids were opened for the Shannon Point Road paving and drainage project. Mr. Bruchner discussed an irregularity in the bid specifications. After review the City Attorney recommends awarding the bid to the low bidder, Sloat and Associates, Burlington, in the amount of $91,306.50. Mr. Bruchner discussed the paving schedule. Mr. Brown moved, seconded by Mr. Carlisle, to award the bid to Sloat and Associates. Vote: Ayes - Root, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. There being no further business, the meeting was adjourned at 8:30 p.m. G e K aian, City/lerk-Treasurer H. Dean Maxwell, Oayor See page 1250 for September 23, 1996 minutes. 1252 October 7, 1996 Mayor Maxwell called the October 7, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Carlisle moved, seconded by Mr. Brown to approve the minutes of September 16, 1996 and the minutes of the Special Meeting of September 23, 1996 (a correction was made to the minutes of the 23rd indicating that all members of the Council were present). Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas Ms. Rita James, President of the Anacortes Arts Festival, reviewed the revenue and attendance results of the 35th Arts Festival. Approximately 75,000 people attended in 1996. Pointing out that the Festival is a collaborative community effort Ms. James thanked the Mayor and Council for the City's support and, in particular, thanked Police Chief King for the security and traffic control provided. Ms. James concluded with a discussion of the annual youth and community arts grants awarded by the Festival. Mrs. Lois Elber, 3813 West 3rd St., presented two issues on behalf of the neighborhood coalition: 1) due to the recent poaching of a deer from the Cranberry Lake area and due to increased late night traffic in the forestlands, the Coalition is requesting that a gate be installed across the roadway to the forestlands and that the gate be locked after 10:00 p.m.; 2) Mrs. Elber then submitted a petition signed by 90 residents of West 3rd Street and Hartford Avenue protesting the proposed SKAT Hartford Avenue/West 3rd/Anacopper Road route. Councilman Carlisle requested that the Council conduct a site visit before the November 4th public hearing on the West 3rd Street Vacation Petition. Councilman Root reported that the proposed skateboard facility is up for discussion at the Council Study Session on October 28, 1996 at 7:30 p.m. Gary Robinson, Parks Director, will be present at the meeting and all issues will be addressed at that time. Mayor Maxwell suggested that representatives from the service clubs be invited to this meeting. Councilwoman Robinette invited the Council to visit Heart Lake to watch the Rooster Tail races. Having observed one of the club's Heart Lake activities, Mrs. Robinette reported that the races were well organized and that the area was well taken care during this activity. Mavor's Emplovee Merit Award Mayor Maxwell then introduced Mr. William LaRue, an employee with the Anacortes Water Treatment Plant. The Mayor then congratulated Mr. LaRue for his high level of dedication, leadership skills and positive attitude, attributes that have made him a valuable employee. In recognition for his contribution to the operation of the Water Treatment Plant the Mayor presented Mr. LaRue with a plaque and gift certificate. Sanitation: Reauest for Proposal Mayor Maxwell referred to a Special Meeting previously held by Council to discuss alternatives for sanitation and solid waste service for the City of Anacortes. Before opening this ongoing dialogue, the Mayor first reviewed the issue: Request for Proposal (RFP) versus further evaluation. Stressing the department improvements and staff and crew cooperation, the Mayor pointed out that rates have not been increased since 1991, staff has been reduced, and new policies and procedures have been implemented that further increase efficiency and cost savings. The three available methods of disposal were also discussed. Also, the Finance Director previously provided a detailed curbside sanitation service cost breakdown for the Council's review. Equipment rental funds are available to purchase equipment that will be easier to maintain and more efficient. The Mayor then referred to an October 3, 1996 letter from Economic and Engineering Services, Inc. (EES) outlining two review options available to assist the City in evaluating options for a solid waste program. Highlighting EES's Option 2, the Mayor stressed that the City's ultimate goal should not be privatization but should be best service at least cost. Mr. Christiansen said that a cost of service analysis process is the best method to get information necessary to do a rate study and to make a fair and equitable comparison. He also asked that the words "bid" and "proposal" be more clearly defined in future documents. Mrs. Robinette passed out a 2 -page edit sheet with proposed modifications that would give the City more responsibility in the process than written in by EES. Speaking in favor of Option 1, she 1253 October 7, 1996 - continued then reviewed each edit item. Mr. Carlisle suggested that the best first step would be Option 2. Mr. Root pointed out that should the result of the Option 2 scope of work suggest the merit of proceeding with Option 1 he would then support that action. Further discussion followed regarding the option costs and level of service. At the conclusion of the discussion, Mr. Carlisle moved, seconded by Mr. Rock, to proceed with EES Option 2, with a base cost of $3,500. Vote: Ayes - Brown, Rock, Carlisle, Root. No - Sizemore, Christiansen, Robinette. Motion carried. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Rock, that the following Consent Agenda items be approved. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. 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 September 19, 1996 and October 3, 1996 be approved for payment as of this date, October 7, 1996. Council vote was unanimous. Claims Vouchers Oct, 1996 Warrant Numbers 47263 through 47473 in the total amount of $459,539.34 Draw Pavroll Sep, 1996 Warrant Numbers 4524 through 4655 in the total amount of $70,754.00 Payroll Sep, 1996 Warrant Numbers 4656 through 4899 in the total amount of $569,563.88 Council canceled Warrant Number 46734 in the amount of $6,224.80 and Warrant Number 46734 in the amount of $154.15 Council adopted Ordinance No. 2408 reflecting action previously taken by Council to vacate portions of "B", "C" Avenues and 25th, 26th and 27th Streets. Preliminary Property Tax Levv Estimates Mr, George Khtaian, Finance Director, presented a Resolution to Council that authorizes the City Clerk to submit estimated property tax revenues for 1997 to the Board of County Commissioners. Mr. Khtaian explained that the preliminary general levy presented just sets the initial parameters. In December the Council will adopt an Ordinance that would list the final property tax estimates. At that time the budget process will be complete. Discussion followed. After discussion, Mr. Carlisle moved, seconded by Mrs. Robinette, to adopt Resolution No. 1423 entitled "A Resolution Authorizing Preliminary Property Tax Levy Estimates to be Submitted to Skagit County Commissioners" and to adopt a 4% base levy. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Instream Flow Studv: Scooina Authorization Mr. Jim Pemberton, Director of Public Works, presented to a Resolution to Council authorizing Amendment No. 2 to the Joint Operating Agreement between the City and PUD #1 regarding arrangements for instream flow studies. Mr. Pemberton then discussed the project financing and planning. Mrs. Robinette emphasized that each project phase will be brought back to the Council for review and approval. Mr. Carlisle moved, seconded by Mr. Root, that Resolution No. 1424 be adopted Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown. No. - Christiansen. Motion carried. To complete this action, Mr. Sizemore then moved, seconded by Mr. Rock, to authorize payment for this phase of the project in the amount of $35,750. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Robinette. No - Christiansen. Motion carried. At approximately 9:15 Mayor Maxwell announced that the Council would convene in Executive Session to discuss labor negotiations. At approximately 9:45 the Council reconvened and without taking any further action the meeting was adjourned. Geor a Kh� OCerk-Treasurer H. Dean Maxwell, ayor 1254 October 21, 1996 Mayor Maxwell called the October 21, 1996 City Council meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Mayor Maxwell then announced that at the request of the City Council the Agenda would be amended with the addition of Agenda Item 5a.: Motion for Reconsideration Relative to Solid Waste. With regard to Agenda Item 5a the Mayor said that he would be raising general procedural concerns prior to the motion. The Pledge of Allegiance followed this announcement. Minutes of Previous Meeting Mr. Carlisle moved, seconded by Mr. Sizemore that the minutes of October 7, 1996 be approved as if read. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on items not on the agenda. Mavor/Council Communication The Mayor announced that the Water Treatment Plant Flood Awareness Open House will be on Monday, October 28, 1996 from 8:00 a.m. to 5:00 p.m. Also during Flood Awareness Week, November 1st and 2nd at the Cascade Mall, representatives from the Anacortes plant will sponsor a Treatment Plant Filter Media Study information booth. The Mayor encouraged the members of the audience and citizens to attend both activities. The Mayor also reported that a leak in the 36" line outside the Water Treatment Plant facility was quickly located and repaired. Motion for Reconsideration Relative to Solid Waste As announced earlier, Mayor Maxwell discussed procedural concerns raised as to Council's proposed Motion for Reconsideration Relative to Solid Waste. The Mayor emphasized the following issues: the public has been notified of the action taken by Council on October 7th to enter into a contract with EES for a comparison study; the public has not been notified of a potential change in this action; contracts have been awarded based on previous Council action; reconsideration could cause potential union negotiation conflicts; and generally, reconsideration could complicate future Council action. The Mayor emphasized the merits of the agreed -to 3 - step proposal: 1)a $3,500 comparison study, 2)a $10,000 cost of service analysis and 3) a $7,000 request for proposal. There was no Council comment or discussion and Mr. Brown moved, seconded by Mr. Sizemore, to strike item 5a from the Agenda. Mr. Carlisle discussed the Roberts Rules of Order and Council's rules of procedure applicable to reconsideration. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Consent Aaenda/Voucher Approval Mrs. Robinette and Mr. Sizemore asked for the opportunity to discuss the Park Department Surplus Equipment Consent Agenda item. With that, Mr. Christiansen moved 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 10, 1996 and October 17, 1996 be approved for payment as of this date, October 21, 1996. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Claims Vouchers Oct, 1996 Warrant Numbers 47478 through 47627 in the total amount of $384,917.98 Prewritten Claims Sep, 1996 Warrant Numbers 46920, 47096-47100, 47257-47261 in the total amount of $204,001.88 Draw Pavroll Oct, 1996 Warrant Numbers 4901 through 5031 in the total amount of $70,304.00 Surplus Eauioment: Park Department Mayor Maxwell introduced Consent Agenda item b. He explained that the Parks Department is requesting that Council surplus a 1979 Case Model 450 Crawler Loader. Additionally, staff is requesting permission to sell the equipment. Mrs. Robinette asked if staff had solicited competitive quotes in addition to the $8,000 offer received to purchase the equipment. Mr. Gary Robinson, Park and Recreation Director, explained that the equipment was originally donated to the ACFL, but City crews have found little or no use for that particular type of equipment. The equipment donor supports the sale. Mr. Sizemore also expressed concern over lack of Council procedure for disposal of equipment. Mr. Carlisle moved, seconded by Mr. Root, to surplus a 1979 Case Model 450 Crawler Loader and to sell that piece of equipment for 1255 October 21, 1996 - continued $8,000 to an already identified purchaser. Vote: Ayes - Christiansen, Rock, Carlisle, Root, Brown. No - Robinette, Sizemore. Motion carried. Water Treatment Plant Solids Handlina and Disposal Facility. Mr. Jim Pemberton, Director of Public Works, reviewed the legal action taken against the City with regard to the Water Treatment Plant's violation of the NPDES permit for the discharge of process water. A tentative compliance date of October 1, 1997 has been agreed upon. In order to meet this October, 1997 completion date, staff recommends the use of a consultant to assist, in part, with reporting, permitting and design of the Plant's solids handling and disposal facility. Mr. Pemberton reported that proposals were requested and staff recommends acceptance of the contract with R.W. Beck with a not -to -exceed contract amount of $136,400. Discussion followed regarding efforts made to secure funding for the project and the mandate of the Clean Water Act. Mr. Rock discussed past experience with this consultant. After discussion, Mr. Christiansen moved, seconded by Mr. Sizemore, to enter into a contract with R.W. Beck for the Solids Handling Facilities Design in a not -to -exceed contract amount of $136,400. Vote: Ayes - Robinette, Carlisle, Root, Sizemore, Brown, Christiansen. No - Rock. Motion carried. Resolution: Namiria a Private Easement/Kinaswav Place Mr. Ian Munce, Planning Director, presented this item to Council. Using an overhead display, he pointed out an existing private easement that provides access to certain lots along Kingsway in Skyline. For public safety purposes it has been requested that this easement be named. Mr. Munce pointed out that there is no proposal for the City to assume liability for maintenance of this easement. Mr. Carlisle moved, seconded by Mr. Rock, that Resolution No. 1425 entitled "Designating a Private, Fifteen Foot Wide Easement as Kingsway Place", be adopted. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Proo_ osal: Installation of Automatic Gate at "D" Avenue Entrance/Creekside Mr. Ian Munce, Planning Director, presented this item to Council. Using an overhead display, he pointed out the location of the Creekside Village Subdivision and the location of a proposed gate at the "D" Avenue Creekside entrance. Creekside's second entrance at "H" Avenue will remain open. Mr. Munce then explained that Creekside was platted through the Planned Unit Development process, including Public Hearings, public input and Council -mandated conditions. He highlighted that, as part of the platting process, private streets were allowed. Maintained by the Homeowner's Association, Creekside streets are narrow and on -street parking is not permitted. The Homeowners Association has now come to the City with a request that a gate be installed across the "D" Avenue entrance. In conclusion Mr. Munce said this matter is before Council for disposition because installation of a locked gate is a significant modification to the Creekside Plat. Council agreed that although a public hearing has not been scheduled for this item, comments from the audience would be taken. Mr. Alan Hill, President of the Creekside Village Homeowners Association said that traffic from new adjacent residential developments use the Creekside streets as access. Mr. Charles VanLawick, said that non-Creekside residents ignore the 10 m.p.h. speed limit causing a safety hazard. Mr. Roy Raphael, 2601 Creekside Lane, said that bicyclists, skateboards and speeding cars have made walking through Creekside hazardous. Mr. Bill Young, 2103 Creekside Lane, described skateboarders, rollerbladers using Creekside streets. Mr. Robert Scoll, 4605 Cypress Drive, spoke to the same problem in the Clearidge area. Mr. Brown pointed out that with the installation of a gate at "D" Avenue the "H" Avenue entrance would experience increased traffic. Mrs. Robinette spoke in favor of developing additional connecting links between "D" Avenue to the east. Suggesting that Creekside install "private road" signs and speed bumps, Mrs. Robinette spoke in favor of: 1) open streets so that safety vehicles could enter and exit and 2) the adoption of a comprehensive citywide street plan. Mr. Christiansen emphasized that Creekside streets are privately owned. Mr. Sizemore inquired about emergency vehicle access. After discussion Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the installation of a locked gate at the Creekside "D" Avenue entrance subject to approval of the Building, Public Works and Safety Departments. Mr. Rock moved, seconded by Mrs. Robinette to table this matter for two weeks. The City Attorney, Mr. Steve Mansfield, clarified that the issue before Council is whether or not the installation of a gate across through streets is consistent with the original development approval. He also said that he was not aware of any legal prohibition of gated private streets. Vote: Ayes - Root, 1256 October 21, 1996 - continued Robinette, Rock. No - Carlisle, Sizemore, Brown, Christiansen. Motion failed. Vote on main motion: Ayes - Sizemore, Brown, Christiansen, . Carlisle. No - Root, Robinette, Rock. Motion carried. Resolution: Authorizina a Plannina Aoolication to CERB Mr. Ian Munce, Planning Director, presented this item to Council. He explained that the South March Point Sewer project is identified in both the Sewer Plan and the Capital Facilities Plan. With regard to funding for this project the Community Economic Revitalization Board (CERB) supports significant infrastructure investments but first requires that a feasibility study be completed. CERB also provides funds for this type specific of study and Mr. Munce has submitted a Resolution and Request for Funding in the amount of $16,000. Mrs. Robinette spoke against approval of expenditures until annexation is complete. Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Resolution No. 1426 entitled "Authorizing an Application to the Community Economic Development Board for a Feasibility Study Grant (South March Point). Vote: Ayes - Sizemore, Brown, Christiansen, Rock, Carlisle, Root. No - Robinette. Motion carried. Ordinance - Adooting Capital Facilities Plan Mayor Maxwell presented an Ordinance to Council reflecting action previously taken by Council. to adopt the 1997-2002 Capital Facilities Plan. Mr. Christiansen asked for more detailed information on the utility categories. On a question from Mr. Christiansen Fire Chief Curtis said that the fire hall provides sufficient space for this aerial ladder truck. Mrs. Robinette, moved, seconded by Mr. Brown, to adopted Ordinance No. 2409 entitled "An Ordinance Adopting the Capital Facilities Plan (CFP) for the 6 -Year Period 1997-2002". Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Urban Renewal Proiect: Fisheries Aoolication Mr. Ian Munce, Planning Director, began his presentation with a review of the remaining available Urban Renewal Property available. One of the proposals for this area is for a shipyard to be located adjacent to the old Plywood Mill site. Although the City has approved a Shoreline Substantial Development permit for this project,- the Department of Fisheries has requested additional information before issuing a Fisheries permit for the shipyard. URS Greiner has submitted a proposal to the City to gather the information requested. The co - applicant with the City, Brent Homes, will be responsible for half of the costs associated with the technical work to be performed by URS Greiner and the request before Council is to authorized the other half of the related costs. On a question from Mrs. Robinette, Mr. Munce explained that the Department of Fisheries request is for detailed information on eelgrass boundaries not density calculations. Mr. Sizemore moved, seconded by Mr. Rock, to authorize the expenditure of $12,770 on marine studies. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Jail Contract for 1997 . Police Chief Mike King presented the 1997 City of Anacortes contract with the Sheriff's Office for the jail services used by the City. With regard to the contract rate increase, Chief King discussed various methods under consideration to cut costs of jail services. With that Mr. Carlisle moved, seconded by Mr. Brown, to approve the 1997 Jail Facility Use Agreement with Skagit County. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Executive Session At approximately 9:45 Mayor Maxwell announced that the Council would convene in Executive Session to discuss a potential real estate transaction. At approximately 10:00 p.m. the Council reconvened. Without taking any further action, the Mayor continued the meeting of October 21, 1996 to 12:00 noon, November 4, 1996 to conduct a site visit in conjunction with a Public Hearing to vacate a portion of West 3rd Street. 1257 Continued Meeting of October 21, 1996 - Site Visit At 12:00 noon on November 4, 1996 Mayor Maxwell convened the continued City Council Meeting of October 21, 1996. The purpose of the continuation was to conduct a site visit in conjunction with a November 4th Public Hearing to consider a Petition to Vacate a portion of West 3rd Street. The site visit participants met at the intersection of Georgia and West 2nd St. Present at the site visit: Councilmembers Bill Carlisle, Bud Rock, Ben Root, Terry Christiansen, Ray Sizemore, and Jeanne Robinette. Also present were staff member Jim Pemberton, members of the public and the petitioners. At approximately 12:50 p.m. the site visit was concluded and without taking any further action the meeting of October 21ZCAy 1996 was adjourned. GeAeKraiaL.erk-Treasurer H. Dean Maxwell, Mayor' November 4, 1996 Mayor Maxwell called the meeting of November 4, 1996 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Terry Christiansen, Jeanne Robinette, Bud Rock. Absent: Ken Brown. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meetina Mr. Christiansen moved, seconded by Mr. Sizemore that the minutes of October 21, 1996 be approved with a correction to the vote roll call on page 3, paragraph 3 indicating that Mr. Rock voted "no". Ayes - Root, Sizemore, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on items not on the agenda. Mavor/Council Communication The Mayor read a letter from Mr. Iwao Kon, Mayor of Anacortes' Sister City, Kisakata, Japan. The town government of Kisakata hosted Mayor Maxwell, Mr. Steve Mansfield, Mr. Don Wick and Mr. Ken Moore during Kisakata's Centennial Celebration in October. Mayor Kon expressed appreciation for our City's cooperation and wished happiness and prosperity for all citizens of Anacortes. Consent Aaenda With the request that the Consent Agenda item c: Appointments be pulled from the Consent Agenda, Mrs. Robinette moved, seconded by Mr. Carlisle that the following Consent Agenda items be approved. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. 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 October 24, 1996 and October 31, 1996 be approved for payment as of this date, November 4, 1996. Council vote was unanimous. Claims Vouchers Nov, 1996 Warrant Numbers 47631 through 47820 in the total amount of $356,022.49 Council approved the reappointments of George Mehler and Ken Wilson to the Board of Adjustment; Suzi King, Allen Hatfield and Bud Moore to the Public Works Advisory Board. Council also appointed Mr. Brad Adams to the Parks Board. Annointments: Tourism Fund Selection Committee: Parks Board After discussing the Tourism Fund Selection Committee makeup, Mr. Root moved, seconded by Mr. Sizemore to appoint Bill Carlisle, Terry Christiansen and Ken Brown to this Committee. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Mrs. Robinette asked that Parks Board appointee, Mr. Brad Adams be thanked for his October 27, 1996 letter to Mayor Maxwell. Final Plat: Westwood Planned Unit Development Mr. Ian Munce, Planning Director, presented the 16 -lot Westwood PUD Final Plat application to Council. Using an overhead display Mr. Munce pointed out the general project location abutting both the Parkside Addition and "A" Avenue. The project Preliminary Development Plan and Final Development Plan stages have been completed. Both the Planning Commission and staff recommend approval of the Final Plat subject to a bond or equivalent for the $43,200 outstanding construction costs. The estimated 1 C; November 4, 1996 - continued project completion date is mid -month. Discussion followed regarding the use of crushed rock at this time of year. With that, Mr. Christiansen moved, seconded by Mr. Rock, to approve the Westwood Planned Unit Development Final Plat subject to a bond or equivalent for the outstanding construction costs. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Christiansen. Motion carried. Closed Record Review: Strandbera Conditional Use/Private Street/419 39th Street Mr. Ian Munce, Planning Director, presented this item to Council. He began his summary by directing Council's attention to the transcript of the Planning Commission Open Record Public Hearing on this proposal. He reported that an extensive review of the Conditional Use and appeal processes was held as part of the hearing deliberation. Using an overhead display, he pointed out the Strandberg acreage off of Hillcrest Drive. He also highlighted an existing private easement to the north of this parcel. If the Conditional Use permit to use a private drive off of Hillcrest Drive as access is approved, Mr. Strandberg will then submit a 3 -lot short plat application to the Planning Department. Under the short plat review process the private street and drainage plans will be required to meet Public Safety and Public Works standards. An issue was raised regarding the name of the private drive access to the north of Strandberg's property; this private access has been referred to as both "Terrace Drive" and "39th Street". This issue has been referred to Public Works and Public Safety for review. Mr. Munce clarified the surrounding neighborhood lot layout and access plan. Mrs. Robinette asked for a more definitive statement from the Fire Department regarding the turnaround; she also suggested that conditional use criteria fact sheets should be made available for the public during hearings. In conclusion, Mrs. Robinette complimented the Planning Commission on the hearing conducted on this matter. With the information received and recommendation made available from the Open Record Public Hearing, Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the Strandberg Conditional Use application to use a private drive as access subject to the 9 conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Christiansen, Robinette. Motion carried. Public Hearina - Street Vacation - Jurkovich - Portion of West 3rd Street Mayor Maxwell opened the Public Hearing to review a Vacation Petition submitted by Mr. Branko Jurkovich, et al, to vacate a minimum of 34' of West 3rd Street adjacent to Block 506, Northern Pacific Addition. Mr. Jim Pemberton, Director of Public Works, introduced this item to Council with the use of an overhead display showing the subject property. The Board of Adjustment held a Public Hearing on this matter and recommended approval of either the vacation petition as submitted or approval of a combination of a portion of West 3rd abutting Block 506 and a portion. of West 4th abutting Block 507. Mr. Pemberton pointed out that as platted, access to these building sites is compromised by the topography. Reference was also made during the Board of Adjustment hearing to the City's Transportation Plan and potential east -west corridors. Mr. John Prosser, representing the applicant, reviewed the reasons for choosing the proposed West 3rd Street development alternative. He also described the surrounding terrain. Mr. Carl Franz, 2918 West 3rd spoke in favor of the vacation. Mrs. Lois Elber, 3813 West 3rd, representing the neighborhood coalition, listed the reasons for supporting the vacation. She discussed a neighborhood park and responsibility for future L.I.D. commitments. Mrs. Elber also requested that Mrs. Robinette step down from deliberation on this matter referencing a memo written by Mrs. Robinette. The City Attorney, Mr. Steve Mansfield, clarified that the memo would not constitute a violation of the Appearance of Fairness Doctrine. On a question from Mr. Root, Mr. Prosser explained that the topographical obstacles on West 4th street are what led the applicant to prefer the vacation of West 3rd St.. There were no further comments from the audience and the Mayor declared the Public Hearing closed. Mrs. Robinette discussed the development of West 3rd Street to serve the neighborhood. Mr. Carlisle then distributed and discussed excerpts from the 1996 Update of the 1992 Anacortes Transportation Study including information that the upgrading of West 3rd is no longer necessary for capacity and level of service reasons. Mr. Christiansen suggested that Council should first make a determination on policy for future development of West 3rd. Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the vacation of 34' of West 3rd Street abutting Block 506, Northern Pacific Addition. Mr. Rock suggested a division of the vacation between West 3rd and West 4th Streets. Mr. Root moved, seconded by Mr. Christiansen to table this matter to the next regularly scheduled Council meeting. Vote: Ayes - Carlisle, Root, Sizemore, Christiansen, Robinette, Rock. Motion carried. Prooertv Acauisition Reauest - Kalani Mr. Jim Pemberton, Director of Public Works, presented this item to Council. In 1980 the City acquired property for the proposed future west end road to the Skyline subdivision. Some of the property acquired included an 80' strip of land from the Tuttle Buckley Addition north of property owned by Don and Beverly Kalani. After the land was purchased by the City it was discovered that the Kalani's garage encroached into the City -owned 80' strip of land. As a solution to the encroachment and title issues, Mr. Pemberton recommended that a 10' strip of land abutting the Kalanis parcel be sold to them at fair market value. This sale would not jeopardize future development of a right-of-way. Mrs. Robinette so 1259 November 4, 1996 - continued moved, seconded by Mr. Rock. Vote: Ayes - Root, Sizemore, Christiansen, Robinette, Rock, Carlisle. Motion carried. Surolus Block 30 Kelloaa_ and Ford Addition Mr. Ian Munce, Planning Director, presented this item to Council. Using an overhead, Mr. Munce pointed out an approximately 30,000 square foot parcel west of "D" Avenue and north of 37th Street recommended by staff to be declared as surplus. Mr. Munce described the adjacent development and access. Discussion followed regarding the market value and disposition of the property. Mr. Carlisle discussed the feasibility of a neighborhood park. Mr. Munce explained that the proposed replat of property adjacent to the City's parcel will include a neighborhood park proposal. . Mr. Carlisle then suggested that the sale of the property be offered to the real estate community for disposition. After discussion, Mrs. Robinette moved that this parcel be declared surplus and directed staff to advertise the sale of the property for two months. Motion was seconded by Mr. Rock. Vote: Ayes - Robinette, Rock. No - Sizemore, Christiansen, Carlisle, Root. Motion failed. Public Hearina: (al Parks Plan Uodate Ib1 Transportation Plan Update Mayor Maxwell opened the Public Hearing on 1996 cumulative changes/amendments to the Comprehensive Plan. Mr. Ian Munce, Planning Director, discussed the overall annual review/update process. The 60 -day State consultation process and review of Plan amendments is complete. Highlighting the proposed grocery store square foot limitation, Mr. Munce reviewed the recommended Zoning Ordinance amendments. The Planning Commission will meet next week to consider the Transportation Plan with an informal presentation to Council in two weeks with potential study session follow-up. Mr. Munce encouraged adherence to the calendar year time lines for conclusion and approval of these proposed amendments. Councilwoman Robinette asked for a further review of the amendments to the Building Permit process. Mr. Gary Robinson, Director of Parks and Recreation, then introduced the Anacortes Parks and Recreation Comprehensive Plan. He discussed consultant selection and described the use of a Steering Committee, community survey, and public forum to aid in the design of the plan. From those various dialogues, a draft plan was formulated. Additional public input and comments were solicited; the Park Board met and recommends approval of the Draft Version No. 4 now before Council. Mr. Robinson emphasized that there will be an additional 2 -week period for further public comment. He then highlighted that the Plan emphasizes coordinating with other public agencies, level of service standards, "City in a Park" concept, adoption of impact fees, and classification of parks. Mrs. Erika Pickett, 1212 29th St., spoke in favor of the Plan and complimented the Park Department summer sailing program. A gentleman, name not given, said that he would come back in two weeks after he had time to review the current draft. Mr. Ross O. Barnes, 104 Harbor Lane, asked that Draft IV document be used to reflect any changes or amendments, suggested that the parcel proposed to be surplused by the City be considered for other uses including a park. Page 25 correct reference to south end of City, page 37, strike language regarding vacation of right-of-way (the Mayor clarified that the right-of-way would have to be vacated), page 53, more specific language regarding Fidalgo Bay and Padilla Bay designation as open space in the UGA. Mrs. Margaret Yeoman, 1620 11th Street, a member of the Steering Committee, spoke in favor of the Plan. The Mayor then thanked Mrs. Yeoman for her assistance in the development of the Plan. Councilman Carlisle asked that the ferry passenger number be corrected. Councilman Christiansen asked for tennis court count and preservation of views when planting street trees. Councilwoman Robinette supported the concept of "City in a Park" and suggested review of pages 15-20, standards. Councilman Carlisle discussed overbuilding for needs of an older population. Mayor Maxwell then announced that this Public Hearing on 1996 Comprehensive Plan and Zoning Ordinance Amendments is continued to Monday, November 18, 1996 at 7:30 p.m. There being no further business the meeting was adjourned at 10:10 p.m. Geo Khta' n, City Clerk -Treasurer H. Dean Maxwell, Mayq� November 18, 1996 Mayor Maxwell called the meeting of November 18, 1996 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meetino Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of both the continued October 21, 1996 and the November 4, 1996 meetings be approved with a correction to page 3, paragraph 3 as follows: "Mr. Carlisle moved, seconded by Mr. Sizemore, ...". Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinos Mr. Tom Gates, 1119 9th Street, raised a public safety issue regarding the SKAT bus route between "0" and "M" Avenues at 9th Street and in the general vicinity of the Library. He suggested that with the number of children that visit the Library and the adjacent park such close proximity to a bus route could be dangerous. Mayor Maxwell said that he would forward Mr. Gate's letter on this issue to Mr. Jim Lair, SKAT Executive Director. The Mayor also reported that SKAT's Board Meeting will be on Thursday at 2:00 p.m. Mr. John Hicks, Attorney, for Mr. and Mrs. Kim, owners of Cap Sante Inn on 9th Street and "Q" Avenue, addressed the Council on behalf of his clients. The Kims and others living in the 9th and "Q" area are expressing concern over the frequency, speed and noise of the coke trucks using "Q" and "R" Avenues. The Cap Sante Inn has experienced a loss of business due to this disruption to the neighborhood. Mr. Hicks also submitted a petition requesting that the City and Port discuss and devise an alternative to the use of "Q" and "R" Avenue as truck routes during the evening hours. Mayor Maxwell pointed out that this issue is addressed in the recently - released Port of Anacortes Draft Comprehensive Plan with action slated on this matter for 1998. The Port Comp Plan will be reviewed by the Council in Study Session on November 25th. Mr. Hicks pointed out that his clients would not be able to wait until 1998 for a solution. Mavor/Council Communication The Mayor read a congratulatory letter from the Waterworks Certification Board commending Mr. Rodney N. Bray for qualifying as a Water Treatment Plant Operator 2. Consider Acceptance: Anacopper Mine Road Reconstruction Mr. Gordon Bruchner, City Engineer introduced this item to Council. Mr. Bruchner reported that work on the Anacopper Mine Road is complete. He then discussed the increased project costs including work on the left -turn lane at Hartford and the removal of unsuitable material from Anacopper Mine Road. Also, discussion followed regarding the steps taken to control erosion along the roadway. Mr. Bruchner recommended that, as the project has been built according to plans and specifications, Council accept the project as complete thereby beginning the advertised 30 -day lien period. If no valid liens are filed the retainage now held shall be paid to the contractor, Colaccurio Brothers, Inc. Mr. Root so moved, seconded by Mr. Sizemore. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. 1996 Comp Plan and Development Regulations Amendments/Continued Public Hearing: Transportation Plan: Parks Plan (Hearing is on tape and filed at City Hall) Mr. Ian Munce, Planning Director, discussed the format for discussion/action on the Comprehensive Plan and Development Regulation Amendments and on the Public Hearing for the Transportation and Park Plans. Addressing the development regulation amendments first, Mr. Munce referred to an Ordinance now before Council that reflects all proposed changes to date. The Ordinance also addresses the technical issues raised at the November 11th Study Session. Specifically, Mr. Munce also asked that Council give direction to staff on the issue of maximum square feet of retail space in the Commercial (C), Central Business District (CBD) and Commercial Marine (CM) zones with a motion to that effect. Mr. Munce then turned to the second issue. Public comments were received during the Public Hearing on review of the Comprehensive Parks Plan; the Hearing has been continued to take additional testimony but the hearing will be closed at the conclusion of this evening's testimony; the Council will have an opportunity to further discuss the Plan at the next Study Session. The Council would then begin the introduction and review of the Transportation Plan update and continue that portion of the hearing to December 2nd. In response to the first issue raised, Mr. Christiansen proposed that any retail store complex over 50,000 square feet in the C, CBD and CM zones would require a conditional use permit. Discussion followed regarding definition of retail complex and specifically the size of the Thrifty Foods complex. Mrs. Robinette spoke in favor of a 45,000 sq ft maximum outright use. Mr. 1261 November 18, 1996 - continued Carlisle moved, seconded by Mr. Christiansen, to include language in the Zoning Code to specify that a conditional use permit would be required in the C, CBD and CM zones if the retail space or complex of retail stores space is more than 50,000 square feet. Vote: Ayes - Brown, Christiansen, Rock, Carlisle, Root, Sizemore. No - Robinette. Motion carried. The Mayor then directed the deliberations to the continued Public Hearing on the 1996 Comprehensive Parks Plan. Mr. Jack Papritz, 3706 J Avenue, offered the following comments: develop a Creek Conservancy; no net loss of live creeks; enlarge City's park land toward Cap Sante Haven; no vacation of street ends; trailway connections, downtown mini -parks including use of alleys, etc.; one-way north end of Commercial; create skiing or sledding area in the vicinity of 38th Street; and, bring Ace of Hearts Creek out of the culvert. Mrs. Cynthia Richardson, 5601 "D Avenue spoke in favor of the City in a Park theme. She then suggested a pedestrian corridor from Cap Sante to Washington Park and on "M" Avenue; mentioned lack of facilities for launching small boats and lack of visual access of Guemes Channel along Oakes Avenue. Mr. Ian Munce, Planning Director, addressed an issue raised at the November 4th Public Hearing on this matter. The Growth Management Act requires that Comprehensive Plans identify open space corridors within and between urban growth areas. Mr. Munce suggested that the theme, "City in a Park" could be expanded to include "City in a Park on an Island". Both the open space waterways surrounding Anacortes and the City's forestlands in the center of the City provide unique and visually stunning open space corridors. Also, Fidalgo and Padilla Bays provide significant corridors from urbanized Skagit County. Mr. Malcolm Lorente, 3820 W. 4th St., discussed the shrubbery that blocks views of the Channel along Oakes Avenue. Mr. Don Munks, 1141 W. March Point Rd., addressed rail corridors and spoke against rail banking. He then discussed trestle safety issues and potential costs for rail banking program. Mr. Ross Barnes, 104 Harbor Lane, discussed open space corridor "land" requirements and suggested development of a landscaping project for the "R" Avenue corridor. There were no further comments and the Mayor closed the Comprehensive Parks Plan portion of the Public Hearing. This matter will be reviewed in Study Session on November 25th. The Mayor then opened the Transportation Plan element of the Public Hearing. Having worked on the development of the Transportation Plan, Councilman Carlisle asked to be excused from Council so that he could address this issue from a staff position. Mr. Ian Munce, Planning Director, then explained that this matter would also be discussed in Study Session on November 25th, but that public testimony would be taken this evening and the Hearing would be continued to December 2nd. Mr. Munce then summarized the historical development of this Plan including the City's dissatisfaction with the transportation consulting involved with the 1993 Plan. Bill and Susan Carlisle volunteered to work with staff and a Citizen's Advisory committee to conduct the 1996 Transportation Plan review and update. As they worked through the text of the Plan it was apparent that a complete re -write would be required. To facilitate the update, traffic modeling was employed using calibrated baseline figures for 1996 projected to 2016. The need for more neighborhood connections was an issued raised by the review. Mr. Jim Pemberton, Director of Public Works, then explained the recommended new set of Plan improvements spanning a 20 -year period. Discussion followed if those improvements would carry through this 20 -year time span with the appropriate level of service. A new study area was used for this current traffic model to make the it consistent with other county and state models. He then discussed the intersection counts used to calibrate the model. Mr. Pemberton pointed out that in 2016 corridors would operate at Level of Service C, but that intersections along Commercial and Oakes operate at Level F. He then went on to explain that another model approach would be required for the specific intersection analysis that is required. The intersections at Commercial and 12th, 22nd and 32nd Streets are already at level D, E or F. Staff recommends that the City adopt Level C on corridors and Level F on intersections with Commercial, 12th Street and Oakes Avenue and begin working to identify improvements for these intersections. Mr. Carlisle then clarified level of service designations. Mrs. Lois Elber, 3813 W. 3rd St., representing the neighborhood coalition commended the committee concept and asked Mrs. Robinette to step down from deliberation on this matter citing her participation in the committee process as a conflict. Mr. Jack Papritz, 3706 J Avenue, suggested that the Anacortes Railway be considered as a transit system; bridge walkways; "R" Avenue as ferry access rather than Commercial; underground ferry traffic under Safeway parking lot. Ms. Cynthia Richardson, 5601 "D" Street, suggested that a pro -active approach be taken to dealing with ferry traffic, including directing the impact of ferry traffic by signalization and other means to facilitate movement of traffic into and out of neighborhoods. She also suggested adjusting Sunset Avenue signal timing and concluded by suggesting the addition of a Plan goal to study to neighborhood connectors. Mr. Carlisle discussed the difficulty of adding more signals on Oakes Avenue. Mayor Maxwell then continued this portion of the Public Hearing for two weeks. Mr. Mansfield, City Attorney, explained that by reviewing the Plan 1262 November 18, 1996 - continued development Mrs. Robinette was participating in a legislative function and the Appearance of Fairness Doctrine does not apply. Mr. Carlisle then returned to his Council seat. Public Hearino - Street Vacation - Jurkovich - Portion of West 3rd Street Mayor Maxwell announced that deliberation and decision on this matter has been postponed to January 6, 1997. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Rock that the following Consent Agenda items be approved. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. 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 November 7, 1996 and November 14, 1996 be approved for payment as of this date, November 18, 1996. Council vote was unanimous. Claims Vouchers Nov, 1996 Warrant Numbers 47825 through 47949 in the total amount of $203,892.41 Prewritten Claims Sep, 1996 Warrant Numbers 47099 through 47100 in the total amount of $6,224.80 Oct, 1996 Warrant Numbers 47262, 47474-47477, 47628-47629 in the total amount of $206,489.74 Payroll Oct, 1996 Warrant Numbers 5032 through 5274 in the total amount of $555,449.38 Council approved the Findings of Fact and Conclusions of Law on the Strandberg Conditional Use Permit to use a private street as access. Authorization to Proceed: Skateboard Facility Mr. Gary Robinson, Director of Public Works, requested authorization to proceed with the design and site selection of a skateboard facility. Additionally, authorization is required for the expenditure of $7,500 for this design and selection task. Mr. Robinson explained that the contract for the work to be done would be brought to Council for review and approval. Mr. Carlisle requested that sufficient and appropriate notice and signage be made available to direct the skateboard traffic to the facility. Mr. Christiansen and Mrs. Robinette suggested that a short list of sites be available to the consultant and to the Council. With that, Mr. Root moved, seconded by Mr. Carlisle to authorize an expenditure of $7,500 for the design and site selection of a skateboard facility. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Bid Award: 12th and "B" Sewer Pump Station /Scrubber Building Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Referencing a detailed memo from Mr. John Franz, Manager of the Wastewater Treatment Plant, Mr. Pemberton discussed the bid openings for the pump station # 15 scrubber building. The low bid was received from Magnolia Contractors, Inc. in the amount of $138,587 (without tax). Mr. Pemberton also requested that the draft 1997 Budget be amended to cover the project costs in excess of the estimate total costs. References have been checked with favorable responses. Mr. Carlisle moved, seconded by Mrs. Robinette, to award the bid for the Pump Station # 15 Scrubber Building to Magnolia Contractors, Inc., Seattle, in the amount of $138,587 (without tax). Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. As Mr. Munce passed out copies of the Plan to Council, the Mayor asked that Council review the Port of Anacortes Comprehensive Plan in preparation for a November 25th Study Session on this matter. There being no further business the meeting was adjourned at 9:30 p.m. eorge(Khtaian,;'�yylerk-Treasurer H. Dean Maxwell, Mayor 1263 December 2, 1996 Mayor Maxwell called the meeting of December 2, 1996 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette. Absent: Bud Rock. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meetina Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of the November 18, 1996 meeting be approved with a correction to page 2, paragraph 2 as follows: "Mrs. Robinette spoke in favor of a 45,000 sq. ft. maximum outright use." Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Carlisle. Motion carried. Citizen Hearinas Mr. Tom Gates, 1119 9th Street, again raised the public safety issue regarding the SKAT bus route between "O" and "M" Avenues at 9th Street and in the general vicinity of the Library. Mr. Gates said that he didn't think his concerns were adequately addressed by SKAT and asked that this matter be brought to SKAT's attention for further review and disposition. Mavor/Council Communication Mayor Maxwell announced that, as of the first of the year, Mr. Murray Goddard will be resigning from the Planning Commission. Applications for this post should be directed to the Mayor's office. Mr. Carlisle referred to a letter from Mr. Malcolm Lorente about the acoustics in the Council Chamber and about the format for public comment/testimony during Council meetings. Mrs. Robinette referred Mr. Carlisle to the Council -adopted meeting Rules and Procedures. 1996 Como Plan and Develooment Reaulations Amendments Mayor Maxwell convened the continued Public Hearing on the annual 1996 Comprehensive Plan Amendments. Mr. Ian Munce, Planning Director, summarized the progress on the 1996 amendments to date. The portion of the overall Public Hearing dealing with the Comprehensive Plan and Development Regulation Amendments has been closed. Council held work sessions on issues raised both during the public hearing and by staff and the Council has a final draft Ordinance reflecting those Comp Plan and Development Regulation/Zoning Ordinance changes. The portion of the overall Public Hearing dealing with the Comprehensive Park Plan has been closed and Study Sessions were held to incorporate the recommended changes. Mr. Munce then requested that the portion of the Public Hearing regarding the Transportation Plan be continued to December 16, 1996 to take further public comment. At the conclusion of the Public Hearing and review Council could take action to adopt an Ordinance that would constitute the 1996 update to the Zoning and Comprehensive Plan including the adoption by reference of the Comprehensive Parks Plan and the Transportation Plan. Mr. Munce pointed out that, in the interim, the City has received the draft of Skagit County's Comprehensive Plan. Mr. Munce has reviewed the County's Comp Plan and he recommends adding an Appendix "D" to the City's Comprehensive Plan summarizing the County's Plan with regard to the City's issues. Additionally, Mr. Munce suggested that the interlocal agreement with the County covering building standards, revenue sharing, etc., should be added as an Appendix as well. The Mayor then formally continued the Transportation Plan portion of the overall Comp Plan Public Hearing to December 16th. Ordinance - Storm Sewer GFC Mr. Jim Pemberton, Director of Public Works, introduced this item to Council. He referred to previous discussions held with EES regarding storm sewer general facilities charge (GFC) and rate structure. Mt. Pemberton said that the draft Ordinance now before Council, in part, provides for consistent stormwater/utility Ordinances; provides for the imposition of a $1,000 general facilities charge per residential unit; identifies a proportionate share of the monthly rates; provides provisions for credit and provision for modification to off-site improvement requirements; and, provides for a proposed credit to the School District for educational programs. Mr. Pemberton pointed out that the Finance Department would need time to review the implementation of the proposed credits system. Mayor Maxwell then announced that this matter would be placed on a Study Session agenda for further review and then brought back to Council in 30 days. CONSENT AGENDA Mr. Sizemore moved, seconded by Mrs. Robinette that the following Consent Agenda items be approved. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Carlisle, Root. Motion carried. 1264 December 2, 1996 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 November 21, 1996 and November 27, 1996 be approved for payment as of this date, December 2, 1996. Council vote was unanimous. Claims Vouchers Nov, 1996 Warrant Numbers 47958 through 48169 in the total amount of $475,293.80 Draw Pavroll Nov, 1996 Warrant Numbers 5275 through 5406 in the total amount of $71,679.00 Council confirmed the Reappointments Bela Berghys to the Park and Recreation Advisory Board and Brian Wetcher to the Forest Advisory Board Council canceled Warrant Number 46657 in the amount of $524.25 Council adopted Resolution No. 1427 authorizing the purchase of property contained within the Anacortes forest lands Term Limits Mr. Root asked Mayor Maxwell about the term limits for membership on the City's advisory boards. Mr. Carlisle and Mrs. Robinette also requested information on the procedure for reviewing potential candidates, etc. Discussion followed. WSDOT/Commercial/12th Pavement Overlav Proiect/Permission to Work Niahts Mr. Jim Pemberton, Director of Public Works, reviewed correspondence received from the Washington State Department of Transportation regarding plans for overlaying Commercial Avenue from 35th Street to 12th Street and 12th Street/Oakes Avenue to the Ferry Terminal. WSDOT has requested permission: (1) to work within existing rights-of-way on City side streets in order to match pavements on intersecting side streets, and (2) for a noise variance to allow for construction between the hours of 8:00 p.m. and 7:00 a.m., Sunday through Thursday. Mr. Pemberton then introduced Mr. Pat McCormick from the Department of Transportation. Mr. McCormick pointed out that the noise variance would be for the 12th Street/Oakes Avenue portion of the project. No detours are proposed. Mr. McCormick recommended that side streets be closed off to avoid the necessity for a flagger at each intersection. The project time for the overlays is 65 working days. Council discussed issues of interruption of daytime Commercial Avenue curbside parking, and the possibility of advance posting of the contractor's schedule. Mr. Carlisle discussed the width of the bike lanes. Mr. McCormick pointed out that this project is maintenance only. Mr. Sizemore discussed the impact of one narrow lane on Oakes Avenue truck traffic. Mr. McCormick said that construction engineering drawings should be available to him at the end of this week. The project deadline for bid advertisement is February. The Mayor announced that this matter will be placed on a Study Session agenda. Mr. Carlisle said he would check to see if there is an ombudsman who can work with the City and State on this issue. Public Hearina - 1997 Budaet Mayor Maxwell opened the Public Hearing to review and take comments on the 1997 Budget for the City of Anacortes. Mayor Maxwell reviewed the steps taken in the development of the budget including Mayor/staff meetings, over 30 hours of line -item analysis, public/Council round table sessions, and Public Hearings. He also highlighted differences between the 1996/1997 budgets including salary and benefit increase, 5% emergency reserve insured in all operating funds, capital outlays from utility fund, water rate study, continue water infrastructure development, sewer wastewater capital outlays, and proposed theoretical budget changes in sanitation service He then presented a discussion on tax distribution and levy rates. Mr. Dick Dildine, 1211 6th Street, asked about the wastewater budget for the urban growth area and potential obligation to the City. Mrs. Robinette answered regarding annexation and revenue sharing. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Robinette inquired about the water rate study and pointed out areas that she will be observing in 1997 including the new Fire Department training program. Before action on this matter, Council discussed not including the 1997 Salary Schedule as part of the approval of the 1997 Budget. The Finance Director, Mr. George Khtaian, discussed past practices with regard to Salary Schedule approval. Mr. Root moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2410 entitled, "An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 1997." Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Root, Sizemore. Motion carried. 1265 December 2, 1996 Authorization to Purchase: Emeraencv Vehicle Fire Chief, Mr. Richard Curtis, introduced this item to Council. He pointed out that the Public Safety Committee has reviewed and evaluated the Fire Department's request for the purchase of a new medium duty rescue truck. The proposal is to replace two existing vehicles; a 1968 Chevrolet medium duty van and a 1980 Ford light duty van. Mr. Sizemore discussed the process followed to review the needs of the Fire Department, evaluate the purpose of the new equipment and to analyze potential suppliers. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Resolution No. 1428 entitled "A Resolution Authorizing the Purchase of a Rescue Vehicle Using a 'Special Market Conditions' Waiver from the Bidding Requirements." Vote: Ayes - Christiansen, Robinette, Carlisle, Root, Sizemore, Brown. Motion carried. Tourism Committee Recommendations Mayor Maxwell said that he, together with Terry Christiansen, Bill Carlisle, Ken Brown, formed this year's Tourism Fund Selection Committee. The Mayor then presented the Committee's recommendations for 1997 Tourism Fund allocations. The Council and audience received a copy of a November 15, 1996 Memorandum from the Mayor outlining all the applicants and announcing the allocations as follows: W.T. Preston Operation Expenses, $15,000; Heritage Tourism Marketing Program, $2,500; visitors Information Center, $30,000; Anacortes Cooperative Regional Marketing Plan, $6,500; Washington State Lodging and Travel Guide Advertisement featuring Anacortes, $5,750; Skagit Symphony Concert, $500; The Depot Brochure, $403; Sister City Tourism Promotion Project, $2,200; and, The Jewel Coast Marketing/Advertising Project, $750. Mr. Christiansen pointed out that the Committee focused on projects that would primarily market Anacortes to people outside the local area. The W.T. Preston Operation Expenses item will be included in next year's Museum Budget. He also pointed out that there were well-established, self-sustaining projects that were not funded this year. After discussion, Mr. Christiansen moved, seconded by Mr. Brown, to approve the Committee recommendations for 1997 Tourism Fund Allocations. Mr. Root asked for clarification on the Skagit Symphony award with regard to the Tourism Fund criteria. Mrs. Robinette suggested that in the future the full Council receive more information about the allocation applications. Vote: Ayes - Robinette, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Consideration Emeraencv Power Generator for 37th Street Booster Pumn Mr, Gordon Bruchner, City Engineer, explained the process to obtain prices for both new and used emergency power generator for the 37th Street water booster pump station. He explained that the Cummins Northwest quote was for 125 KW while all other quotes were for 150KW. Mr. Bruchner pointed out that it was doubtful that the 125 KW would be sufficient to provide the necessary energy to start the fire pump. Staff recommends acceptance of the Caterpillar generator bid in the amount of $36,670. On a question from Mrs. Robinette, Mr. Bruchner described the geographical area requiring the pump station. Additionally, Mr. Sizemore asked for details about the generator warranty. Discussion also followed regarding developer responsibility for installation of pump systems. After discussion, Mr. Sizemore moved, seconded by Mr. Root, to accept the Caterpillar bid for an emergency power generator in the amount of $36,670 together with the $5,522 expenditure to retain 7 -Sisters to do the electrical installation. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Public Hearina - Port of Anacortes Comprehensive Plan Mayor Maxwell submitted a proposal to Council to hold a Public Hearing on Monday, December 9, 1996 to take public comment on issues as they relate to the City of Anacortes Comprehensive Plan. The Mayor then outlined the format of the Public Hearing including time limits for testimony. Mrs. Robinette suggested that the meeting structure include specific areas where the Port Plan would need to establish consistency with the City's Comp Plan. After discussion the Council established zoning, shoreline, transportation, infrastructure, and environmental as the specific topics of consideration for the Public Hearing. At approximately 10:00 p.m. the Mayor then continued the meeting to Monday, December 9, 1996 at 7:30 p.m. At that time the City will conduct a Public Hearing on the consistency of the Port of Anacortes' Comprehensive Plan with the City of Anacortes' Comprehensive Plan. Geo a Khta n, City Clerk -Treasurer H. Dean Maxwell, Mayor/ Continued Meeting of December 2, 1996 - December 9, 1996 Roll call found present Councilmembers Bud Rock, Ben Root, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. The Mayor opened a public hearing on the following topic: "The Consistency of the Port of Anacortes' Comprehensive Plan with the City of Anacortes' Comprehensive Plan." Mayor Maxwell explained that "consistency" was a requirement of the Growth Management Act. Port Commissioner Gale Brink submitted a December 9, 1996 memorandum (Exhibit 1). This exhibit described the process followed by the Port in developing their Comprehensive Plan. Mr. Gerald Hansmire, Port Comprehensive Plan consultant, reviewed the Plan in some detail. Mr. Brian Shortt, Port Executive Director, then explained that the Port would be extending its Comprehensive Plan process to address the issues raised. Additionally, Mr. Shortt described specific action that the Port would be participating in relative to containing petroleum coke dust and addressing truck traffic issues. Mr. George Welsh, President of OCAW, stated that he had requested written information regarding the characteristics of petroleum coke. Ms. Ladonna Trout -Trainer stated that she was concerned with the Port's proposal to either rezone the Terminal II area to Industrial or reworking the wording of the Light Manufacturing zone to conform to the activities that are already present. She requested that activities such as Dakota Creek's go through a conditional use process. Ms. Trout -Trainer concluded by stating that she did not want to see more industrial activity locate on the Guemes Channel waterfront without additional public comment. Ms. Walton submitted a December 2, 1996 letter relative to the Port's Comprehensive Plan; comments submitted on behalf -of Concerns Citizens of Anacortes (Exhibit 2). Ms. Walton added that she was pleased with the Port's response relative to retaining an industrial hygienist to address coke dust issues. She pointed out that the Material Safety Data Sheet (MSDS) for petroleum coke does not identify this product as carcinogenic. However, this same report goes on to describe the impacts to public health of long term exposure to petroleum coke dust. Finally, Ms. Walton asked if petroleum by-products were being transshipped with the petroleum coke produced. A December 6, 1996 letter from Texaco, together with MSDS material, was introduced into the record as Exhibit 3. Mr. Chuck Flagg, Manager of the Anacortes Texaco Refinery, testified that carcinogens involved with the petroleum coke refining process are vaporized off. Additionally, Mr. Flagg stated that petroleum coke has been sampled locally and found to be in conformance with MSDS specifications. Mr. Gavin Murray, an industrial hygienist, testified that the coker destroys carcinogens, to the point that the petroleum coke tests below OSHA standards for carcinogens. Ms. Carol Springs described her concerns with petroleum coke handling, particularly the inconsistency of the Terminal II operation with Light Manufacturing zoning standards. Additionally, Ms. Springs pointed out that the noise and dust from coke trucks was unacceptable, that measurements should be done in summer (not winter), that conveyor belts and ships should be covered so that material does not fly into the air, and that additional cargo, such as sulfur and lignin, together with the associated trucking and industrial activity, is not compatible with the quality of life in Anacortes, particularly relative to the central business district and "Q" Avenue. Mr. Dick Johnson asked why these issues had not been addressed over the past five years. Mr. Johnson stated that the current Port office operation represented a zoning problem, that the shipyard operation presented an environmental problem, that the Terminal II operation presented zoning, environmental, and safety problems, as did the South Basin activities. Mr. Johnson added that the March Point and Ship Harbor Port properties raise separate issues relative to compatibility and priority. Finally, Mr. Johnson stated that the airport presents issues relative to safety, avigation easements, and noise. Mr. Olson stated that he was concerned about the costs to the City of rebuilding "Q" and "R" Avenues as a result of truck traffic. Ms. Nicholson stated that she was concerned about truck traffic impacts to Harbor House relative to noise. Mr. Dale Aspnes submitted a written statement (Exhibit 4). Mr. Aspnes added that the City should request the Port.set aside their Plan until there is time for further review. He specifically requested that the toxicity of petroleum coke dust should be analyzed, that the Light Manufacturing performance standards should be analyzed, that no change of zoning from Light Manufacturing to Industrial should occur, and that road rebuilding costs from truck activity should be factored into any analysis. Ms. Kathy Dorotich stated that she was directly impacted by petroleum coke dust from trucks and that her concerns were in order of priority as follows: clean air, nuisance activity relative to her property, and noise. Mr. Jack Wyatt stated that the current terminal operations were not consistent with 12G7 Continued Meeting, December 9, 1996 - continued the current, City Light Manufacturing zoning. Mr. Wyatt referred those present to the City of Anacortes' Comprehensive General Goal 18 ("Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.") and City Comprehensive Plan General Goal 1 ("Create and maintain a healthy, aesthetically pleasing high quality environment that maximizes the opportunity for all citizens to share the social, psychological, physical and economic benefits of Anacortes/Fidalgo Island."). Mr. Wyatt added that the present level of terminal activities was in violation of these goals and requested that sulfur not be transshipped through the City. Mr. Dan Bolster stated that the Port Comprehensive Plan was prepared without sufficient public input at the early stages. He urged that the Port Plan be reworked to bring it into consistency with City Plans. Mr. Ross Barnes submitted Exhibits 5 and 6. Mr. Barnes then argued that the noise and dust associated with cargo movement should be treated and regulated as a nuisance activity, that the high quality of the environment in Anacortes should be maintained, that City infrastructure should be protected, and that potential hazards from cargo transshipment should be detailed. Finally, Mr. Barnes stated that cargo transshipment should be a conditional use in all zones and that a separate conditional use should be required for each commodity if more that 10,000 tons was to be transshipped per year. Mr. Ted Parrish asked if trucking needed to operate 24 hours a day. Mr. Greg Springs stated that he and his family live adjacent to Terminal II, that his house was regularly coated with petroleum coke dust, that this material was a hazard, that increased use of Terminal II for cargo handling was inappropriate given its location, and that the current level of activity was operating outside current zoning standards. Ms. Cynthia Richardson asked those present to identify what it is they would like to have the Port do. Mr. Duane Knapp submitted Exhibits 7 and 8 relative to recent opinion polling undertaken by Citizens for the Sensible Management of Anacortes Resources and Taxes. Mr. Knapp asked that the Port address the basic questions as to why petroleum coke was being shipped through Anacortes? What is the right way to handle such a product? Mr. Knapp when on to state that the coke transshipments through the City of Anacortes should cease. Ms. Carol Springs asked if it was not important to have an independent source research petroleum coke characteristics rather than relying on information generated by Texaco. Ms. Kathy Dorotich questioned the extent to which tarpaulins were currently being used on petroleum coke trucks. Mayor Maxwell read a letter from Texaco relative to changes in the petroleum coke transshipment (Exhibit 9). In this letter Texaco committed to the following: using tarpaulins with petroleum coke trucks at all time, reducing the speed limit north of 12th Street to 20 mph, and rebuilding the railroad crossing at 9th and "Q". Additionally, Texaco requested that the City and Texaco convene a meeting with citizens and all interested parties on the petroleum coke transshipment issue. Mr. Christiansen asked what City staff proposed to do relative to zoning enforcement in the Light Manufacturing zone. The Planning Director responded that the current Terminal II operations had gone through the public process and been approved. However, those operations still need to comply with the Light Manufacturing zoning standards. Mr. Munce proposed that the committee proposed by Texaco look at developing definitions for each of the Light Manufacturing standards so that we have quantifiable performance measures/standards. Once these parameters have been established, enforcement becomes relatively straightforward. Mr. Brown stated that the City needed to look beyond the petroleum coke issue to the broad range of issues raised by the Port Comprehensive Plan. Mrs. Robinette identified that the Port Comprehensive Plan was a work in process and that the City was attempting to establish a direction for further study. Mr. Carlisle stated that it was important to set standards and to hold to them. Mr. Root asked that a staff report/position paper be developed for Council consideration. Mr. Carlisle added that he was encouraged with the Port's willingness to work with the City. Mr. Sizemore pointed out that it was a violation of state law to operate trucks without tarpaulins and that he would be looking to the City's traffic safety committee to address the issue of speed enforcement. The Planning Director asked Councilmembers to get specific comments to him by the end of the week. He committed to having a draft including these comments available for a Council review by the end of Monday morning. The meeting adjourned at approximately 9:15 p.m. I - -W, Ve"a., 7&404� Geor Khtaian, ity Clerk -Treasurer H. Dean Maxwell, May r December 16, 1996 Mayor Maxwell called the meeting of December 16, 1996 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Terry Christiansen, Jeanne Robinette. Absent: Ken Brown. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meetina Mr. Carlisle moved, seconded by Mrs. Robinette, that the minutes of the December 2, 1996 and the December 9, 1996 meetings be approved as if read. Vote: Ayes - Root, Sizemore, Christiansen, Robinette, Carlisle. Motion carried. Citizen Hearinas Mr. Hamilton Sandvig, 1410 38th Street, presented a Petition addressed to the Parks Advisory Committee and to the Mayor and City Council. The petition calls for the reconfiguration of the lower Sunset Beach parking area. Mr. Sandvig then read his December 9th letter outlining eight most commonly expressed concerns with the current beach area parking layout. Mr. Robert Geyer, 4413 Kingsway, also spoke in favor of returning the Sunset Beach parking area to the original design. Mr. Geyer urged the Mayor and Council to review and resolve these issues. Mr. Ray Smith, 1719 25th H Court, complimented the community on the holiday decorations. He also he thought that the fishing gear stored on the railroad on R Avenue near Cap Sante Marina was an eyesore. Mavor/Council Communication Mrs. Ginger Houston, President of the Noon Kiwanis Club, presented the Mayor with a beautiful hand -appliqued City of Anacortes flag. Mrs. Houston said that the flag is given in appreciation for the work done by the Park Department to helping with the flags in public places program. Thanking Mrs. Houston and the Kiwanis for the gift, Mayor Maxwell pointed out that the Kiwanis donated the City flags that were given to each of our Sister Cities, Lomonosov, Russia, Sidney, B.C. and Kisakata, Japan. Mayor Maxwell then announced that Texaco Refining Company has asked the Mayor to chair a citizens meeting with representatives from the community and industry to open a dialogue on issues of mutual concern, specifically the impact of transporting and shipping coke. Councilman Carlisle and Root will participate with the Mayor on this committee. The first meeting will be January 14, 1997 from 4:00 p.m. to 6:00 p.m. The Mayor then presented the Council with a draft letter addressed to the Port of Anacortes summarizing the testimony taken at the December 9th Public Hearing on the consistency of the Port of Anacortes Comprehensive Plan with the City of Anacortes Comprehensive Plan. Mr. Christiansen suggested that the letter be addressed to the President of the Port of Anacortes Board of Commissioners. Council recommended that the letter be prepared and delivered. Mr. Carlisle asked that the Mayor schedule the first available Study Session devoted to the Washington Park Sunset Beach parking area issue. Mrs. Robinette asked that before the Study Session the Parks Director submit cost estimates for the suggested parking lot reconfiguration. For the final item under Mayor/Council Communications, Mr. Christiansen moved, seconded by Mr. Sizemore, that the Council Committee of the Whole meet on Monday, September 30, 1996 at 7:00 p.m. to discuss the proposed Skagit County Solid Waste Interlocal Agreement. Mr. Rock pointed out that this meeting would be open to the public but no public comment will be taken and that the Interlocal Agreement is the only item for discussion. Vote: Ayes - Sizemore, Christiansen, Robinette, Carlisle, Root. No - Rock. Motion carried. 1996 Como Plan and Develooment Reaulations Amendments Mayor Maxwell convened the continued Public Hearing on the annual Comprehensive Plan Amendments for 1996. Mr. Ian Munce, Planning Director, summarized the final steps to be taken on the 1996 Comprehensive Plan and Zoning Amendments. The tasks now before Council are (1) Conclusion of the Public Hearing and decision on the 1996 Transportation Plan together with decision on the Comprehensive Park Plan; (2) An Ordinance amending the Comprehensive Plan making some technical changes and adopting the 1996 Comprehensive Park Plan and the 1996 Transportation Plan; (3) An Ordinance amending the Zoning and Subdivision Ordinance with additional technical changes; and (4) Adoption of the Dakota Creek Rezone of Block 4, Findings of Fact and Conclusions of Law. Public Hearings on all of these items have been held before the Planning Commission, Citizen Advisory Boards and Council. 1266 December 16, 1996 - continued The Mayor then convened the Transportation Plan portion of the overall Comprehensive Plan Update Public Hearings. There were no public comments and the Mayor declared this final portion of the Public Hearing closed. Mrs. Robinette said she would continue to emphasize significant unplatted and platted potential street connectors. The Council thanked Bill and Susan Carlisle and the citizens of the community for their contributions on the development of this Plan. With that Mrs. Robinette moved, seconded by Mr. Rock, to approve the 1996 Transportation Plan. Vote: Ayes - Christiansen, Robinette, Rock, Root, Sizemore. Abstain: Carlisle. Motion carried. Mr. Christiansen discussed the street tree planting committee referenced in the Park Plan. On a question from Mr. Sizemore, the City Attorney, Mr. Steve Mansfield, clarified that the Rails to Trails issue legal case put into doubt certain portions of the program relating to abutting property owners. However, Mr. Mansfield said that such a reference to this Program in the City's Park Plan does not obligate the City to proceed. More clarification on some of these legal issues will be necessary before final Council decision can be made. Mrs. Robinette suggested any plans for capital improvements to the Mt. Erie Park be brought to Council for review. Mr. Carlisle moved, seconded by Mr. Root, to approve the Anacortes Parks and Recreation Comprehensive Plan. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Christiansen. Motion carried. Formal action to adopt these two plans by reference into the Anacortes Comprehensive Plan together with various technical changes was taken by Mr. Sizemore to adopt Ordinance No. 2411 entitled "1996 Amendments to the City Comprehensive Plan". Mr. Carlisle seconded the motion. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Christiansen, Robinette. Motion carried. The next step in the approval process was completed when Mrs. Robinette moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2412 entitled "Ordinance Amending the Development Regulations for the City of Anacortes (Zoning and Subdivision Ordinances)". Mr. Munce pointed out that this Ordinance includes, in part, specific language for retail space and congregate care facilities. Vote: Ayes - Carlisle, Root, Sizemore, Christiansen, Robinette, Rock. Motion carried. The final step was taken when Mrs. Robinette moved, seconded by Mr. Sizemore, to adopt the Findings of Fact and Conclusions of Law and Decision Thereon on Dakota Creek Industries Request to Rezone Block 4, Plat of Anacortes from "Central Business District" to Light Manufacturing". Vote: Ayes - Root, Sizemore, Christiansen, Robinette, Rock, Carlisle. Motion carried. Consideration of AcceDtina 1996 Asphalt Overlav Work Mr. Gordon Bruchner, City Engineer, introduced this item to Council. He reported that the "O" Avenue and 41st Street asphalt overlay project awarded to Lakeside Industries is complete. Mr. Bruchner discussed project details including amount of asphalt and crushed rock used. The total project cost is $134,006.92. Staff recommends that the project be accepted as complete thereby starting the 30 -day lien period. If no liens are filed, retainage now held will be released to Lakeside. Mr. Christiansen so moved, seconded by Mr. Sizemore. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Consideration of AcceDtina Shannon Point Road Reconstruction Mr. Gordon Bruchner, City Engineer, introduced this item to Council. He reported that the Shannon Point Road reconstruction and drainage project awarded to Sloat and Associates is complete. Mr. Bruchner discussed project details including unsuitable soils and additional storm drainage work. The total project cost is $133,775.39. Mrs. Robinette appreciated the fact that sanitary sewer service lines were stubbed out beyond the new asphalt. Mr. Bruchner also provided a copy of the Request for Reimbursement of Costs issued to Western Washington University. Staff recommends that the project be accepted as complete thereby starting the 30 -day lien period. If no liens are filed, retainage now held will be released to Sloat and Associates. Mr. Carlisle so moved, seconded by Mr. Root. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. CONSENT AGENDA Mr. Sizemore moved, seconded by Mr. Carlisle that the following Consent Agenda items be approved. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Christiansen. Motion carried. 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 December 5, 1996 and December 12, 1996 be approved for payment as of this date, December 16, 1996. Council vote was unanimous. December 16, 1996 - continued Claims Vouchers Dec, 1996 Warrant Numbers 48182 through 48343 in the total amount of $139,767.61 Prewritten Claims Nov, 1996 Warrant Numbers 47630, 47821-47824, 47950-47952 in the total amount of $45,232.19 Payroll Nov, 1996 Warrant Numbers 5407 through 5640 in the total amount of $566,308.00 Council canceled Warrant Number 47747 in the amount of $80.00 Council adopted Resolution No. 1429 entitled "A Resolution of the City of Anacortes to Accept the Terms and Conditions Set Forth by the Community Economic Revitalization Board (CERB), in its Offer of Financial Aid for the Economic Impact ('Feasibility') Study." Tulin Festival Presentation: Audrev Smith Mrs. Audrey Smith, Director of the Skagit Valley Tulip Festival, presented the Mayor with a copy of the 1997 Tulip Festival poster. In her presentation on the Festival Mrs. Smith highlighted the participation of Anacortes artists and businesses in past Tulip Festivals. Also discussed were the transit system available during the Festival, County -wide tourist trade, and 1997 Festival brochure reference to "Awesome Autumn" listing the area activities available during the fall months. On behalf of the Council the Mayor thanked Mrs. Smith for the poster and for the presentation. TVW Presentation: Dennv Heck Mr. Denny Heck, of TVW, a nonprofit state-wide television channel, made a presentation to the Mayor and Council. Mr. Heck and Ms. Ginger Eagle, TVW Program Director, introduced the community to a cost-free programming opportunity to place unedited full coverage of State government activity on the TCI Cablevision's access channel. Ms. Eagle listed the types of activities covered by TVW including the 1996 video voter guide for all the state-wide candidates. Mr. Heck described the broadcast operating needs, including microwave transmission, and reported that TVW has been working with Mr. Doug Everhart, Library Director, to study the use of the City's hookup at the library. On a question from Mr. Carlisle, Mr. Heck explained that satellite transmission is too costly at this time. He also discussed TVW funding availability and program scheduling . Mayor Maxwell thanked Mr. Heck and Ms. Eagle for their presentation. Soil Characterization: Urban Renewal Site Mr. Ian Munce, Planning Director, presented this item to Council. This matter is a request for authorization for the Mayor to enter into a contract with Woodward -Clyde for an environmental investigation of upland soil at Lot 3 in the Urban Renewal Area. Mr. Munce pointed out that there are 1997 monies budgeted for this project. He then presented an overhead display showing the property in question located generally adjacent to the old hardboard plant at "V" Place and Street "A". There are 6 1/2 acres left available for sale in the Urban Renewal Area. Mr. Munce pointed out that Woodward -Clyde did similar work on the Brent Homes property to the south. No environmental data is available on this property and future plans are to raise the elevation of the property by an average of 6 feet. This investigative soils work should be done prior to that activity. Discussion followed regarding options should the investigation discover stained material. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to authorize the Mayor to enter into a contract with Woodward -Clyde in the amount of $10,750 to conduct an environmental investigation and soil characterization on Lot 3, Urban Renewal Area. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Christiansen, Robinette. Motion carried. Consultant Services Aareement: Wastewater Treatment Plant Dechlorinization Mr. Carlisle pointed out that this project is required as a condition of the NPDES permit issued to the City for the discharge of treated wastewater. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to approved the contract between the City of Anacortes and CH2M Hill for the design of the dechlorinization facilities at the wastewater treatment plant. Vote: Ayes - Carlisle, Root, Sizemore, Christiansen, Robinette, Rock. Motion carried. Ordinance: Salary Schedule for 1997 Budget Mr. George Khtaian, Finance Director, presented a series of three Ordinances. Mr. Khtaian reviewed the necessity for these year-end estimated appropriation overages, cash transfer authorization and adoption of the salary schedules as part of the 1997 budget. Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2413 amending the 1997 Budget with the attachment of the current negotiated Policy salary schedule and the readoption of the 127: December 16, 1996 1996 budgeted Teamsters, Fire, and Non -Bargaining Unit salary schedules. Vote: Ayes - Root, Sizemore, Christiansen, Robinette, Rock, Carlisle. Motion carried. The second ordinance, Ordinance No. 2414, amends the 1996 Budget by amending revenues and expenditures from various funds. Mr. Khtaian then reviewed each fund. Lengthy discussion followed regarding the Solid Waste Fund (450). Mrs. Robinette moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2414, with the following proviso: a separate Ordinance be prepared for the Solid Waste Fund (450) reflecting a temporary loan transfer, including interest, for anticipated year-end cash requirements. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. The third Ordinance, Ordinance No. 2415, amends the 1996 Budget with authorization for a temporary loan transfer for anticipated year-end cash requirements in the Arterial Street Construction Fund (105). Mr. Root moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2415. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. At 10:00 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, December 23, 1996 at 7:30 p.m. Continued Meeting of December 16 - December 23, 1996 Mayor Pro -Tem Bud Rock called the continued meeting of December 16, 1996 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ben Root, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Old Business Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2416 amending the 1996 Budget authorizing a year-end interfund cash transfer in the Solid Waste Fund (450). Vote: Ayes - Carlisle, Root, Sizemore, Rock, Brown, Christiansen, Robinette. Motion carried. New Business Mr. Carlisle moved, seconded by Mrs. Robinette, that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 19, 1996 be approved for payment as of this date, December 23, 1996. Vote: Ayes - Root, Sizemore, Rock, Brown, Christiansen, Robinette, Carlisle. Motion carried. Claims Vouchers Dec, 1996 Warrant Numbers 48345 through 48460 in the total amount of $116,841.63 Draw Pavroll Dec, 1996 Warrant Numbers 5641 through 5772 in the total amount of $72,174.00 There being no further business, at approximately 8:00 p.m. Mayor Pro -Tem Rock adjourned the continued meeting of December 16, 1996. 1 11-L . G9,dge Khtaian, City'Clerk-Treasurer H. Dean Maxwell, Mayor /