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Home My WebLink About1997 City Council Minutes1272 January 6, 1997 Mayor Maxwell called the meeting of January 6, 1997 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 Meetina With the following correction, Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of December 16, 1996 be approved: Minutes of Previous Meetina "Mr. Carlisle moved, seconded by Mrs. Robinette..." Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell read an open letter to the City of Anacortes reviewing the severe winter storm of December, 1996. The Mayor highlighted many individual and agency efforts made during the storm to assist others. The Mayor then said how proud and appreciative he was of the community's collaborative efforts. Mayor Maxwell then announced that the Council would convene in Executive Session at the end of this meeting to discuss labor negotiations. Washinaton State Department of Transportation - Noise Variance Mr. Jim Pemberton, Director of Public Works, reviewed a request by the Washington State Department of Transportation (WSDOT) for a noise variance during proposed SR -20 pavement work on Commercial and Oakes Avenues. Concerns raised by the Council during previous review of this request were forwarded to WSDOT and letters were mailed by the Public Works Department to affected property owners asking for input. Three written responses and four phone calls were received in response to the 185 letters distributed. A shortened work schedule, change in material specification to allow for a different temperature range, limiting use of rollers and times of grinding, striping, no detours through residential areas, and pedestrian walkways on both sides of the street are issues that Mr. Pemberton will be discussing with WSDOT. Further discussion followed. The Mayor then announced that this meeting would be continued to Monday, January 13, 1997 to review the results of the WSDOT meeting with Mr. Pemberton and for decision. Decision: Street Vacation - West 3rd - Jurkovich Mr. Jim Pemberton, Director of Public Works, presented this matter to Council. Using an overhead display, Mr. Pemberton pointed out the subject area. He then reviewed the Public Hearing previously held on a petition submitted by Mr. Branko Jurkovich, et al, to vacate a portion of either West 3rd Street or West 4th Street abutting Block 506 and 507 in the Northern Pacific Addition to accommodate access to Mr. Jurkovich's lots. If the vacation is approved, a like portion of the subject lots will be dedicated to the City for right-of-way. Alternative proposals were reviewed during the Board of Adjustment Public Hearing and Mr. Pemberton again reviewed those alternatives with Council. Discussion followed regarding future development of West 3rd Street. Mr. Carlisle then moved, seconded by Mr. Sizemore, to vacate the south 34' of West 3rd Street abutting Block 506, Northern Pacific Addition. Mr. Carlisle called for Council's consideration of the Board of Adjustment recommendation. Mrs. Robinette discussed the West 3rd Street corridor as a residential street versus designation as an arterial. Mrs. Robinette also discussed replat procedures and Conditional Use criteria. Mr. Christiansen also discussed policies regarding modifications to existing plats. The Planning Director, Mr. Ian Munce, explained that the rededication of property does not constitute a subdivision of property. Mr. Munce also pointed out that, currently no language exists outlining what would constitutes a replat. Mrs. Robinette moved to amend the motion to include the proviso that the applicant, subsequent to the street vacation, submit a formal plat application for this property. Mr. Christiansen seconded the motion. Mr. Munce further explained the difference between development of an existing plat and development of acreage. Vote on the Amendment: Ayes - Robinette. No - Sizemore, Brown, Christiansen, Rock, Carlisle, Root. Motion failed. Vote on original Motion: Ayes - Brown, Christiansen, Rock, Carlisle, Root, Sizemore. No. - Robinette. Motion carried. Closed Record Review - Conditional Use Permit - Corley - Day Care Center Mr. Ian Munce, Planning Director, presented this item to Council. An overhead display highlighted the project location and the school ingress/egress configuration. Mr. Munce emphasized the need for such a facility and explained that because of the Conditional Use Permit requirement, Day Care Centers are reviewed on a case-by-case basis. He also reported that approval has been granted to the applicant to use this site at 2611 Oakes Avenue on a temporary basis. An Open Record Public Hearing was held before the Planning Commission; one letter of protest was received. The Council received a copy of the 1273 January 6, 1997 - continued transcript of the Public Hearing together with application, Findings of Fact and attachments. The Commission voted to recommend approval of the application subject to standard conditions. Council discussion followed regarding safety issues relative to the Oakes Avenue location. Mr. Sizemore pointed out the need for this type of facility in the community. At the conclusion of the discussion Mrs. Robinette moved, seconded by Mr. Carlisle, to issue a Temporary Conditional Use Permit to conduct a Day Care Center at 2611 Oakes Avenue for a period of one year. On a question from Mr. Sizemore, Mr. Munce discussed permit extension procedures. Vote: Ayes -Robinette, Rock, Carlisle, Root. No - Sizemore, Brown. Motion carried. Introduction: Pr000sed Puaet Power Franchise Mr. Steve Mansfield, City Attorney, introduced this item to Council. Mr. Mansfield explained the franchise process. The proposed new franchise shall be introduced at one meeting and acted upon at a subsequent meeting. Mr. Mansfield proposed that this item be included on the January 13th Study Session agenda for Council discussion and review. The document now before Council has been circulated to staff for review. Resolution of Intent: LID # 204 - 41st Street Waterline Staff Engineer, Mr. Dave Lervik, introduced this item to Council. He presented a Resolution of Intent setting Monday, February 3, 1997 at 7:30 p.m. as the Public Hearing date to review proposed LID # 204 for the installation of a waterline extension on 41st Street from the intersection of 41st Street and "A" Avenue to the intersection of 41st Street and Heart Lake Road. Mr. Root moved, seconded by Mr. Carlisle to adopt Resolution No. 1430. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Voucher Approval Mr. Sizemore 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 26, 1996 and January 2, 1997 be approved for payment as of this date, January 6, 1997. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Claims Vouchers Jan, 1997 Warrant Numbers 48467 through 48560 in the total amount of $169,330.37 Payroll Dec, 1996 Warrant Numbers 5778 through 6017 in the total amount of $590,538.18 Executive Session At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss labor negotiations. At approximately 9:30 p.m. the Council reconvened and without taking any further action the Mayor continued this meeting to Monday, January 13, 1997 at 7:30 p.m. Continued Meeting of January 6 - January 13, 1997 Mayor Maxwell called the meeting to order at 7:30 p.m. Roll Call Members present: Dean Maxwell, Mayor, Bud Rock, Jeanne Robinette, Terry Christiansen, Ben Root, Ken Brown, Ray Sizemore. Absent: Bill Carlisle. Noise Variance Reauest WSDOT Jim Pemberton, Directjor of Public Works, presented a recommendation to Council to approve a noise variance requested by the Washington State Department of Transportation for the 12th Street/Oakes Avenue portion of the SR -20 Pavement Overlay project with the stipulation that it be for a period of 3 weeks; that it prohibit the use of vibratory rollers during the evening, and require pavement grinding to be during the day. A motion was made by Christiansen and seconded by Sizemore to approve the variance with the conditions as recommended. Vote: Unanimously approved, motion carried. Mayo well aVjourne,de meeting to a study session at approximately 7:45 p.m. orge K aiari,Treasurer H. Dean Maxwell, Mayor Councilmember 1274 January 21, 1997 Mayor Maxwell called the meeting of January 21, 1997 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. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meetina With regard to the Minutes of January 6, 1997, Mrs. Robinette referred to paragraph 2 of the Corley Day Care Center Conditional Use Permit item. Mrs. Robinette suggested that the word "issue" should be changed to "extend". However, Mr. Sizemore moved, seconded by Mr. Carlisle, that the minutes of December 23, 1996, January 6, 1997, and January 13, 1997 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas Mr. Walter Vendetti, 4525 Anaco Beach Road, discussed his interpretation of the effects of the Marine Heights stormwater drainage on portions of Anaco Beach Road. He thanked all those who helped during the recent storm. Mr. Vendetti then suggested an increase in the number of Marine Heights construction inspections, discussed the overall effectiveness of the Anaco Beach lift station, and suggested that a standby generator, either permanently installed or truck -mounted could avoid future problems. Mr. Gordon Bruchner, City Engineer, responded that Mr. Vendetti made this same report to the Public Works Advisory Committee and Public Works and Engineering staff are reviewing his comments and suggestions. Mrs. Robinette proposed that this issue be scheduled for a Study Session. Mavor/Council Communication Mayor Maxwell reported that the Washington State Ferries intends to terminate the international ferry run from Anacortes to Sidney, B.C. by October, 1997. Meetings have been held with the State Transportation officials and the appeal process is being reviewed. Mrs. Robinette informed the Council that she and the Planning Director, Mr. Ian Munce, attended a Skagit County Commissioners meeting to update them on the Fidalgo Bay Planning process. Mrs. Robinette said that the report was well received by the Commissioners. Public Hearina: Puaet Power Franchise (This hearing is on tape and filed at City Hall) Mayor Maxwell opened the Public Hearing to allow for review and comment regarding renewal of Puget Power's Franchise with the City of Anacortes. Mr. Steve Mansfield, City Attorney, explained that the Franchise was introduced at a previous Council Meeting and a Council study session was held with representatives from Puget Power. The proposed Franchise has been circulated through the staff level, several modifications have been made based on staff recommendations and the document now before Council has the support of the Public Works Department and staff. Referring to issues raised at the study session, Mrs. Robinette asked for a report from Puget Power on potential 3-phase power to the Anaco Beach lift station. Mr. Barry Hendrickson, Operations Manager, explained that Puget Power is studying cost and technical information regarding 3-phase power. Mr. Hendrickson said that representatives from Puget Power have already met with Mr. Vendetti to discuss distribution of power to the Anaco Beach area. Mr. Hendrickson and Mr. Mark Oggel, Puget Power Land Planner, and Mr. Joe Sexton, Business Manager Skagit County Operations, answered questions from Council about length of franchise with regard to amortization of costs for capital equipment and other related issues. Mr. Walter Vendetti, 4525 Anaco Beach Road, reviewed Franchise Section 4.1.2, relocation of facilities, Section 10, assignment, and pointed out the absence of a performance clause. Mr. Vendetti also suggested that, based on a rapidly changing economy and technology, 30 -years was too long a time to grant a franchise. In response these issues Mr. Mansfield explained that this is a non-exclusive franchise, that Puget Power rates are closely regulated through the Utility and Transportation Commission (UTC) and cannot be negotiated, and that the City has negotiated the right to approve an assignment but the City cannot unreasonably withhold that approval. There were no further comments and the Mayor declared the Public Hearing closed. Discussion followed regarding deregulation, rate negotiation with the UTC, length of franchise including a suggested 5 -year increment franchise review, severability clause, wheeling fees and other aspects of the electrical power industry. With the number of questions raised, Mr. Sizemore moved, seconded by Mr. Christiansen, to table this matter for two weeks. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Consent Agenda I Mr. Rock moved, seconded by Mr. Sizemore, that the following Consent Agenda items be approved. Item b, "Findings of Fact: Corley Conditional Use" was removed from the Consent Agenda. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Voucher ADDroval Council approved 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 9, 1997 and January 16, 1997 be approved for payment as of this date, January 21, 1997. Council vote was unanimous. 1275 January 21, 1997 - continued Claims Vouchers Jan, 1997 Warrant Numbers 48578 through 48753 in the total amount of $673,200.65 Prewritten Claims Dec, 1996 Warrant Numbers 47953, 48170-48172, 48344, 48461-48465 in the total amount of $184,122.88 Draw Pavroll Jan, 1997 Warrant Numbers 6018 through 6149 in the total amount of $72,074.00 Council adopted Ordinance No. 2417 vacating the south 34' of West 3rd Street adjacent to Block 506, Northern Pacific Addition. Council adopted Resolution No. 1431 authorizing execution of tourism promotion fund contracts. Council cancelled Payroll Warrant # 2797 in the amount of $30.00 Findinas of Fact: Corlev Conditional Use/Dav Care (This item is on tape and filed at City Hall.) Mrs. Robinette asked that the Corley Conditional Use Findings of Fact and Conclusions of Law be removed from the Consent Agenda in order to correct a typographical error on page 5, 1988 to 1998, and to add "...2611 Oakes Avenue for up to a total of one year..." to the decision statement on page 7. Mr. Carlisle, expressing dissatisfaction with the regulatory reform mandates as they relate to Council discussion and project application review, together with the absence of a site visit for this project, moved that the Findings of Fact be approved with the deletion of Condition 5, and that the Findings of Fact be amended to reflect this action accordingly. This action would approve the Conditional Use Permit to conduct a day care center at 2611 Oakes Avenue subject to standard conditions without a permit time limit. The motion was seconded by Mr. Sizemore. Lengthy discussion followed regarding Council reconsideration procedures, ex parte communication and the inherent difficulties with the imposed land use permit process. At the conclusion of the discussion the Council voted: Ayes - Carlisle, Sizemore, Brown. No - Robinette, Rock, Christiansen. Mayor Maxwell cast a yes vote and the motion carried. State Tideland Lease Mr. Ian Munce, Planning Director, presented a Resolution to Council that would establish a portion of the City's emergency reserve fund as security for the City's Harbor Area Lease with DNR relative to tideland property fronting the Industrial Park. Mr. Munce said that if Council takes this action it would represent a savings to the City of $2,000 to $3,000 annually. If the reserve funds are needed elsewhere a performance bond can be purchased at that time. Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Resolution No. 1432 entitled "A Resolution Establishing a Portion of the Governmental Funds Emergency Reserve as 'Bond or Other Security' on the City of Anacortes' Harbor Area Lease #22-002664 with the Washington State Department of Natural Resources". Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen. No - Robinette. Motion carried. Consideration: Authorization to Bid Public Works Proiects Mr. Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner explained that Council past practice has been to authorize staff to bid public works project as the project comes ready and complete to bid. All bid results are brought back to Council for review and award. Mr. Bruchner then presented a January 13, 1997 Memorandum outlining the Public Works Capital Improvement Projects, BARS numbers and budget amounts. Mr. Rock asked to review the proposed street overlay projects. Mr. Bruchner said that the Public Works Advisory Board is reviewing all potential projects and will submit a prioritized list to Council. After discussion Mr. Sizemore moved, seconded by Mr. Rock, to authorize staff to bid the Public Works Capital Improvement Projects as they become ready. Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Executive Session At approximately 9:10 p.m. the Mayor announced that the Council would convene in Executive Session to discuss Labor Negotiations. At approximately 10:00 p.m. the Council reconvened and without taking any further action the meeting was adjourned. Ge e K aian, eity Cle -Treasurer H. Dean Maxwell, Mayor Councilmember February 3, 1997 Mayor Maxwell called the meeting of February 3, 1997 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 Meeting_ Mr. Brown moved, seconded by Mr. Rock, that the minutes of January 21, 1997 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Abstain: Root. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication The Mayor added two items to the agenda; (1) Interlocal Cooperation Agreement for a Comprehensive Solid Waste Disposal System, (2) Executive Session - personnel issues. In his report, Mayor Maxwell said that he, together with Mr. Don Wick, Executive Director of EDASC, Mr. Ian Munce, Planning Director for the City, Mr. Andy Mayer, Chamber of Commerce Director, and others, met with the House Trade and Economic Development Committee and testified as to the severe impacts to Anacortes should the international ferry run to Sidney, B.0 be eliminated. In March, the Transportation Commission will meet to decide on this matter and public hearings schedules will be announced. Suggesting that people contact their legislative district representatives, including Karen Schmidt, Chair, House Transportation Committee, Mayor Maxwell underscored the urgency for citizens of Anacortes to speak as one community to retain this significant run. In that same vein, Mr. Christiansen presented a Resolution to Council authorizing the expenditure of $10,000 to engage professional services to assist in preserving the international ferry service between Anacortes and Sidney, B.C. Mrs. Robinette pointed out that there would be a 7:00 a.m. weekly meeting at the Chamber of Commerce building for all citizens to coordinate community efforts to preserve the ferry run. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt Resolution No. 1433. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Mrs. Robinette gave copies of the Council's adopted Rules and Procedures and fact sheet on the Appearance of Fairness Act to the Mayor, councilmembers, City Attorney, Mr. Steve Mansfield and Assistant City Attorney, Mr. Ian Munce. Ordinance - Puaet Power Franchise Mr. Joe Sexton, Business Manager, Skagit County Operations for Puget Power, discussed the revisions to the Franchise terms. The Ordinance now before Council reflects those changes. It was pointed out in a memo from the City Attorney, Mr. Steve Mansfield, that Section 11.3 provides an opportunity to negotiate changes in the franchise. With that, Mr. Carlisle moved, seconded by Mr. Brown, that Ordinance No. 2418 entitled, "An Ordinance Granting Puget Sound Power & Light Company, a Washington Corporation, its successors and assigns, the right, privilege, authority and franchise to set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and to charge and collect tolls, rates and compensation for such energy and such uses." Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Ordinance: Stormwater GFC Mr. Jim Pemberton, Director of Public Works, presented this item to the Council and audience. He first explained that this Ordinance, first reviewed in Study Session, implements a General Facilities Charge (GFC) for the City's stormwater utility. The Ordinance includes a GFC of $1,126, eliminates the credit for direct discharge to the Sound, and various language changes in Section 2. "System of Charges". Clarification was still needed regarding GFC credit for applicable educational programs presented by the school district. On a series of questions from Mrs. Robinette regarding her proposed amendments outlined in a memo to Council, Mr. Pemberton responded that these GFC revenues will be used for capital improvements. Mrs. Robinette discussed Section 2.1 (b), Monthly User Fee, school curriculum credit, and Section 6, "Developer Contributions". Mr. Carlisle expressed concern regarding the definition of the appropriate curriculum that would entitle schools for a GFC credit. On a question from Mr. Christiansen, Mr. Pemberton explained that streets are not included in the proposed Ordinance. Mr. Carlisle moved to adopt Ordinance # 2419 striking the section regarding school program credits, item 4.2. (d). Motion died for a lack of a second. Mr. Rock then moved, seconded by Mr. Rock, to adopt Ordinance # 2419, an Ordinance establishing a storm and sewer surface water utility. The motion to adopt includes revisions to Section 2.2, (b) (System of 1277 February 3, 1997 - continued Charges), to read, "Monthly User Fee. The minimum monthly fee shall be $1.50/ISU, and shall fund the operation, maintenance and administration of the City Stormwater Utility. At such time as rates are increased, an appropriate allocation of the revenue raised in excess of $1.50/ISU will be made between capital improvements, administration and maintenance, and water quality and non-structural improvements." and a revision to Section 4.2. (d) (Rate Adjustments and Credits), to add "...to present on an annual basis a curriculum program which has been approved by the City Council." Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore. No - Christiansen, Brown. Motion carried. SR -20 Pavement Overlav Project Mr. Jim Pemberton, Director of Public Works, presented a request to Council to authorize the Mayor to administratively approve a noise variance request from the Department of Transportation. This variance will allow work on Commercial Avenue during nighttime hours. The Anacortes Chamber of Commerce has requested that the contractor be allowed schedule flexibility so that the contractor can work nights and weekends, thereby reducing overall construction time. Mr. Root so moved, seconded by Mr. Sizemore. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Public Hearina: 41st Street Waterline LID 204 (This hearing is on tape and filed at City Hall.) Mayor Maxwell opened the Public Hearing to review and take testimony on the proposed Local Improvement District for the purpose of constructing a water main on 41st Street from "A" Avenue to Heart Lake Road. Mr. Dave Lervik, Staff Engineer, reviewed the LID process including notification of property owners, creation of the L.I.D., assessment method and amounts, costs to oversizing line to 12", fire protection, etc. Mr. Norman Landerman Moore, 2204 41st St. discussed the waterline installation costs should a private contractor be used. He also talked about benefits of potable water, property values, and potential for new development. Mr. Landerman-Moore suggested that the property owners should secure other options. Mr. Glen Hjort, 2501 Francis Road, Mt. Vernon, questioned the description for Parcel # 20. Mr. Ted Parrish, 2215 41st St., asked what the additional costs for interest would be. Mr. Walter Vendetti asked if the construction would be scheduled during the Department of Transportation Oakes Avenue pavement overlay project. Mr. Pat Mooney, 2018 40th St., spoke against the L.I.D. costs and suggested use of a private contractor. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Jim Pemberton, Director of Public Works, discussed the different L.I.D. action options including tabling the Ordinance so that the affected property owners can investigate other waterline development alternatives. With that Mr. Brown moved, seconded by Mr. Sizemore, to table this matter. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Plannina Commission Aonointments/Reaonointment Mayor Maxwell recommended the reappointment of Karen Wisnieski to the Library Board, and Betty Kuehn to the Planning Commission. The Mayor then recommended the appointment of Cynthia Richardson to the Planning Commission. Mr. Root moved, seconded by Mr. Rock to confirm the Mayor's appointments. Mr. Carlisle stated that he saw a necessity for Council review/discussion prior to Board and Commission appointments. Mrs. Robinette agreed. Vote: Ayes - Root, Robinette, Rock. No - Carlisle, Sizemore, Brown, Christiansen. Motion failed. Discussion followed regarding the Mayor/Council authority in this matter. Commenting that, in the meantime, these current appointments should move forward, Mr. Root moved, seconded by Mr. Rock, to approve the reappointment of Betty Kuehn to the Planning Commission. Mr. Carlisle restated his determination for Council to review reappointments prior to Council action and objected to the current process. Vote: Ayes - Root, Brown, Christiansen, Robinette, Rock. No - Sizemore, Carlisle. Motion carried. Mrs. Robinette spoke in favor of the appointment of Cynthia Richardson to the Planning Commission and moved to confirm the appointment. Mr. Root supported Mrs. Robinette's comments and seconded the motion. Mr. Root again asked for future discussions on the issue of Board and Commission term limits. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Root. No - Sizemore, Carlisle. Motion carried. Mr. Brown also spoke about the review process. Mr. Rock asked for a report from the City Attorney on the RCW's regarding appointments. Mr. Carlisle moved, seconded by Mr. Christiansen to confirm the reappointment of Karen Wisnieski to the Library Board. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Voucher Aooroval and Warrant Cancellation Mr. Sizemore moved, seconded by Mr. Brown, 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 23, 1997 and January 30, 1997 be approved for payment as of this date, February 3, 1997; and to cancel Warrant # 48461 in the amount of $41.00. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. February 3, 1997 - continued Claims Vouchers Feb, 1997 Warrant Numbers 48579 through 48914 in the total amount of $254,183.56 Interlocal C000eration Aareement for a Comprehensive Solid Waste Disposal Svstem Mayor Maxwell presented an Interlocal Agreement previously reviewed by Council in Study Session. Mr. Christiansen pointed out that the Agreement includes language regarding consent of the municipalities to be shown by an affirmative vote of a majority of those municipalities. With that, Mr. Christiansen moved, seconded by Mr. Brown, that the Interlocal Cooperation Agreement for a Comprehensive Solid Waste Disposal System be circulated to the other cities and to the County for review and comment with a February 28th comment deadline. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Executive Session At approximately 9:10 p.m. the Mayor announced that the Council would convene in Executive Session to discuss personnel matters. At approximately 10:00 p.m. the Council reconvened and without taking any further action the meeting was adjourned. Geo�� Kht#n,'City clerk -Treasurer -a H. Dean Maxwell, Maydr J r __ 1 �l b- 1 2 7 February 18, 1997 Mayor Pro -Tem Bud Rock called the meeting of February 18, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ray Sizemore, Bud Rock, Ken Brown, Terry Christiansen, Jeanne Robinette. Absent: Ben Root. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meeting Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of February 3, 1997 be approved with the following correction: page 3, Interlocal Cooperation Aareement, "With that, Mr. Christiansen moved, seconded by Mr. Brown, that the Interlocal Cooperation Agreement for a Comprehensive Solid Waste Disposal System be circulated to the other cities and to the County for review and comment with a February 28th comment deadline." Vote: Ayes - Sizemore, Rock, Brown, Christiansen, Robinette, Carlisle. Motion carried. On a question from Mrs. Robinette, Mr. Pemberton, Public Works Director, reported on the responses received to date to the Interlocal Cooperation Agreement. Citizen Hearinas Mr, Malcolm Lorente, 3820 West 4th St., referring to the February 10th Study Session agenda, objected to the addition of study items after the publication of the agenda. Mr. Lorente also emphasized the need for improvements to the acoustics in the Council Chambers. In response to the issues raised, Mr. Carlisle suggested that professional assistance is needed to improve the sound system. He also suggested that Council discuss the adoption of Robert's Rules of Order to replace the current Council Rules of Procedure. Councilmembers added their comments on the sound system. Consideration of 1997 Street Maintenance Priorities Mr, Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner referred to a summary of the Public Works Advisory Board street maintenance priority recommendations. The summary includes staff recommendations as well. Discussion followed regarding chip seal and asphalt overlay work. Mr. Carlisle discussed the Skyline road deterioration due to utility and contractor work in the Skyline area. Mr. Carlisle and Mr. Bruchner discussed the City's inspection process. Mr. Bruchner explained that plans and specs for the projects on the summary list and the bid results will be made available to Council. Mrs. Robinette inquired about the flexibility of this working list Mr. Christiansen moved, seconded by Mr. Carlisle to approve the 1997 Street Maintenance Priorities list. Vote: Ayes -. Rock, Brown, Christiansen, Robinette, Carlisle, Sizemore. Motion carried. On a question from Mr. Christiansen, Mr. Bruchner discussed the status of the unstable roadway along Oakes Avenue and the State of Washington efforts to stabilize the bank. Proiect Completion: Solids Handlina Facilities Uparade Mr. Jim Pemberton, Director of Public Works, addressed the Council and audience. By way of background, Mr. Pemberton explained that last year the City went to bid for modifications to the solids handling facility including, in part, ash handling improvements, work platform around the heat exchanger, and splash screen. The contractor has completed the project in the amount of $32,449.27, not including tax. Staff recommends that the project be accepted as complete so that the mandatory 30 -day lien period can begin. Mr. Sizemore so moved, seconded by Mrs. Robinette. Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Sizemore, Rock. Motion carried. Voucher Approval Mr. Sizemore moved, seconded by Mr. Brown, 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 6, 1997 and February 13, 1997 be approved for payment as of this date, February 18, 1997. Vote: Ayes - Christiansen, Robinette, Carlisle, Sizemore, Rock, Brown. Motion carried. Claims Feb, 1997 Warrant Numbers 48921 through 49090 in the total amount of $227,556.99 Prewritten Claims Jan, 1997 Warrant Numbers 48466, 48561-48563, 48754-48757 in the total amount of $8,967.28 Payroll Jan, 1997 Warrant Numbers 6151 through 6380 in the total amount of $581,413.37 Heart Lake Special Event Reauest: Whidbev Island Roostertails Mr. Bob Vaux, Forestlands Operations Manager, presented this item to Council. Mr. Vaux presented a request from the Whidbey Island Roostertails for the use of Heart Lake for special events on September 20th and 21st and October 11th and 12th. The Forest Advisory Board has reviewed the February 18, 1997 - continued request and voted unanimously to recommend Council approval. Mr. Carlisle moved, seconded by Mr. Brown, to approve the request. Vote: Ayes - Robinette, Carlisle, Sizemore, Rock, Brown, Christiansen. Motion carried. Resolution: Anoroval/Del Mar Water Contract Mr. Jim Pemberton, Director of Public Works, presented this item to the Council and audience. He explained that this matter was first reviewed in Study Session. The Council has received a copy of the Resolution and Del Mar Community water supply agreement for review. Mr. Pemberton pointed out that an area of concern for the customer is the City's current rate classification assigned to the Del Mar water users. In that regard, the Del Mar Community is requesting the opportunity to provide input during the next rate study. Additionally, Mr. Pemberton highlighted the termination clause two- year notice provision. Mr. Pemberton then answered questions from Mrs. Robinette on the actual water line location. Mr. Carlisle then recommended that a representative of the Del Mar Community be invited to participate in the rate study review. Mr. Brown then moved, seconded by Mr. Carlisle, to adopt Resolution No. 1434 authorizing the approval of a Water supply agreement between the City of Anacortes and Del Mar Community Service, Inc. Vote: Ayes - Carlisle, Sizemore, Rock, Brown, Christiansen, Robinette. Motion carried. Resolution: Contract with Skaait Countv Communitv Action Aaency (SCCAAJ Mr. Steve Mansfield, City Attorney, presented this item to Council. He pointed out that last year representatives from SCCAA briefed the Council on the function of and services provided by the Agency. Mrs. Robinette asked that staff verify that the contract amount matches the budgeted amount. With that, Mrs. Robinette moved, seconded by Mr. Sizemore, to adopt Resolution No. 1435 authorizing execution of a Memorandum of Agreement between the City of Anacortes and Skagit County Community Action Agency. Vote: Ayes - Sizemore, Rock, Brown, Christiansen, Robinette, Carlisle. Motion carried. Surplus Pro[erty: Police Department Police Chief, Mr. Mike King, presented to Council a list of items to be declared surplus. A memo was presented to Council that describes each item or group of items. Discussion followed regarding the polygraph, portable radios and radio bands, and method of equipment disposal. Mr. Sizemore and Mr. Christiansen also asked about potential uses for this equipment. After discussion, Mrs. Robinette moved that the items described be declared surplus with the proviso that the "equipment be offered to a realistic market competitively". Mr. Christiansen seconded the motion. Mr. Carlisle suggested that the proviso was not necessary. Vote: Ayes - Rock, Brown, Christiansen, Robinette, Sizemore. No - Carlisle. Motion carried. Consideration of Water Service Outside the Citv Limits Mr. Gordon Bruchner, City Engineer, presented the Council with a request for water service outside the City limits. Mr. Steve Verbarendse requests approval for an 345 foot extension of an existing 10 - inch waterline on Campbell Lake Road to serve a new residence. The waterline and fire hydrant will be built to conform with City construction standards. Mr. Christiansen asked about oversizing and potential future hook-ups to this line as well as potential utility revenue. Mr. Brown moved, seconded by Mr. Carlisle to approve the water service request. Vote: Ayes - Brown, Robinette, Carlisle, Sizemore, Rock. No - Christiansen. Motion carried. Resolution: Ao_ oroval/Ambulance Purchase Fire Chief, Mr. Richard Curtis, presented a Resolution and Interlocal Agreement to Council for approval. The Agreement between Maple Valley Fire and Life Safety and the Anacortes Fire Department allows for the cooperative purchase of a 1997 Wheeled Coach Ambulance. Chief Curtis pointed out that the Public Safety Committee and City Attorney have reviewed this Agreement. Complimenting Chief Curtis on the presentation, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Resolution No. 1436 entitled, "A Resolution Authorizing the Joint Purchase of an Ambulance through an Interlocal Agreement." Vote: Ayes - Christiansen, Robinette, Carlisle, Sizemore, Rock, Brown. Motion carried. At approximately 8:45 p.m., Mayor Pro -Tem Rock announced that this meeting would be continued to Monday, February 24, 1997 at 7:30 p.m. for the purpose of conducting an Executive Session to discuss labor negotiations. 1281 March 3, 1997 Mayor Maxwell called the meeting of March 3, 1997 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 Meetina Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of February 18, 1997 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Abstain: Root. Motion carried. Citizen Hearinas Mr. Malcolm Lorente, 3820 West 4th St., referring to the February 24th Study Session agenda, complained that he did not have the opportunity to comment on the agenda items. Mavor/Council Communications Mayor Maxwell expressed his appreciation for the Council's hard work over the last year. In particular, the Mayor pointed out that the previous month had been very busy with the Sidney, B.C. ferry run negotiations. In that regard, the Mayor thanked Mr. Rock for his assistance as Mayor Pro -Tem. Authorization: Task 2 and 3 - In -Stream Flow Studv Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Pemberton explained that the Council previously authorized an Agreement between the City of Anacortes and PUD # 1 for an Instream Flow Study on the lower portion of the Skagit River. As part of this Agreement, each task of the Study will be brought to Council for authorization. Task 1 has been completed and Task 2, Preference Curve Field Study, and Task 3, Field Data Collection, are now before Council for authorization. Mr. Pemberton then introduced Mr. Pete Rittmueller of Cascades Environmental Services (C.E.S.), the firm authorized to conduct the Lower Skagit River instream flow studies. Mr. Rittmueller reported that the Scoping phase of the project is complete and approved site visits have been held with DOE, Department of Fish and Wildlife and Skagit System Cooperative (SSC). Additionally, a lower estuary site visit was held with SSC. Mrs. Robinette asked that a copy of the Scoping document and confirmation of agency approval be circulated to Council. With that Mr. Sizemore moved, seconded by Mr. Rock, to authorize C.E.S. to proceed with Tasks 2 and 3 of the Skagit River Instream Flow Study. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Deoartment of Emeraencv Manaaement Interlocal Aareement Mayor Maxwell introduced Mr. Tom Sheahan from the Skagit County Department of Emergency Services. Mr. Sheahan then presented an Interlocal Agreement between Skagit County and its cities and towns to join together for the purpose of the construction of an Emergency Management Office including a new, enhanced 911 Communications Center. Using drawings and wall displays, Mr. Sheahan described the new facility and summarized the cost breakdown including each city's financial responsibility. Mrs. Robinette asked for an explanation of the Emergency Management Council organizational structure and responsibility. At the end of the discussion, Mr. Brown moved, seconded by Mr. Rock, to authorize the City of Anacortes to enter into an Interlocal Cooperative Agreement for the construction of an Emergency Management Office. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. Motion carried. Consent Aaenda Mr. Carlisle moved, seconded by Mr. Brown, that the following Consent Agenda items be approved. (Item "a" was removed from the Consent Agenda.) Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore, Brown. Motion carried. Council adopted Ordinance No. 2420 correcting the legal description of a street vacation of a portion of "A" Avenue. Council voted to confirm the reappointment of Mrs. Verna Berentsen to the Housing Authority Board. Voucher ADoroval Council approved 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 27, 1997 be approved for payment as of this date, March 3, 1997. Vote was unanimous. March 3, 1997 - continued Claims Mar, 1997 Warrant Numbers 49094 through 49231 in the total amount of $323,209.41 Draw Pavroll Feb, 1997 Warrant Numbers 6381 through 6510 in the total amount of $71,734.00 Pavroll Warrant Cancellation At the request of Mr. Carlisle this item was removed from the Consent Agenda. Mr. Carlisle then used this item, a lost payroll warrant, as an example to highlight the benefits of a direct deposit banking system. With that, Mr. Carlisle moved, seconded by Mr. Rock to cancel warrant # 5001 in the amount of $800.00. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Ordinance: 1996 Health Care Fund Cash Transfer Mr. George Khtaian, Finance Director, presented this Ordinance to Council. In his review Mr. Khtaian pointed out that this Ordinance is a request for authorization for a transfer from various funds to the healthcare fund in the amount of $10,500.00. This authorization request is necessary due to an unanticipated negative year-end fund cash balance. Schedule A to the Ordinance lists each affected fund and its proportionate share of the shortfall. After discussion, Mrs. Robinette moved, seconded by Mr. Rock, to adopt Ordinance No. 2421 entitled an "Ordinance Requesting Council Approval of 1996 Year -End Cash Transfers between City Funds." Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Ordinance: 1996 Budaet Amendments Mr. George Khtaian, Finance Director, presented this Ordinance to Council. Mr. Khtaian reviewed the budget appropriation adjustments. Mr. Khtaian reviewed each of the amended funds including Library, Arterial Street, and Urban Renewal Funds. With that, Mr. Brown moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2422 entitled "An Ordinance Amending Ordinance No. 2386 Approved and Adopted on December 4, 1995 and Entitled 'An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the Year 1996"'. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Sanitation Vehicle Replacement (This item is on tape and filed at City Hall) Mayor Maxwell presented this item, the acquisition of two front-end sanitation trucks. The Mayor explained that Council has reviewed this matter in Study Session. Mr. Jim Pemberton, Director of Public Works, then reviewed his February 26, 1997 memorandum, and also reviewed copies of a Western Peterbilt pricing letter, a sample of an equipment lease -purchase agreement, and a list of six options of a lease/purchase financing proposal. By way of his February 26th memo, Mr. Pemberton requests authorization to draft an Interlocal Agreement with the City of Olympia to purchase two sanitation trucks off of Olympia's bid and for authorization to negotiate the lease/financing details to be brought back to Council for consideration. Mr. Carlisle began the discussion with a reference to the "non -appropriation of funds" clause of the proposed lease. The lessor can specify the location of vehicle delivery should the City not appropriate funds. Mr. Carlisle expressed concern over this and other negative consequences due to termination of lease. Mr. Root also expressed concern regarding penalties should the City decide, during the term of the lease, to use an outside contractor for sanitation service. Mr. Mansfield, the City Attorney, agreed that language clarification was needed. He explained that the purpose of the standard form clause is to protect the municipality should funds no longer exist to carry on that specific activity. Mr. Christiansen emphasized that Council has previously requested an appraisal of system costs in an effort to develop a financially efficient department. In response to a comment from Mr. Rock, Mr. Mansfield pointed out the difficulty in assigning a lease to a private entity. Councilmembers encouraged the City Attorney to review the proposed lease and payment schedule. Mrs. Robinette then reviewed a series of past memos and reports submitted by various staff members and Boards regarding sanitation costs. Emphasizing a cost effective approach, Mrs. Robinette suggested approval of the purchase/lease of the two trucks with the assurance that the increased efficiency would result in a reduction in staff. In response to the Mayor's suggestion that this matter be tabled, Mr. Root said that he is in favor of the acquisition of the two trucks by either purchase or lease, with a preference for a lease if it can be shown that the lease is financially a better use of City funds or offers a significant degree of flexibility should the City decide to use another method of sanitation service. Mr. Root also did not support the 1283 March 3, 1997 - continued reduction in work force proviso recommended by Mrs. Robinette. Mr. Pemberton answered questions regarding delivery dates, weighing equipment, etc. At the conclusion of the discussion, Mr. Root moved to authorize the purchase of two front loading sanitation trucks using the City of Olympia bid process with preference shown to a lease program that has been approved by the Finance and Legal Departments. As part of this motion the lease agreement and interlocal agreement will come back to Council for final approval. Mr. Rock seconded the motion. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Rock, Carlisle. No - Robinette. Motion carried. There being no further business, the meeting was adjourned at approximately 9:00 p.m. feorge'Khtaian, City Clerk -Treasurer —XI Aat, -74L H. Dean Maxwell, Mayr y dxff4 �� Councilmember March 17, 1997 Mayor Maxwell called the meeting of March 17, 1997 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 Meetina Correcting the last paragraph on page 3 to show Robinette as a "no" vote, Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of March 3, 1997 be approved as if read. Vote: Ayes - Root, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas - (Citizen comments are on tape and filed at City Hall) Mr. David W. Bass, 4104 Mitchell Drive, inquired as to the emergency system in place should an accident occur at the refineries and inquired as to the local radio station and TCI public access channel emergency plans to inform the public during extreme situations. Mr. Bass also discussed the TCI Franchise, section 7.12.400 giving the City the right to inspect records of TCI and to verify accuracy of franchise fee payments, and section 7.12.410, which lists several types of required status reports. In conclusion, Mr. Bass asked for a progress report on the installation of televising equipment. Mr. Malcolm Lorente, 3820 W. 4th St., pointed out that the March 3rd minutes did not accurately reflect his comments. Mr. Lorente referred to a Study Session during which no public comment was allowed on the first agenda item. However, public comment was allowed on the second agenda item. Not realizing that public comment would be allowed on the second agenda item, Mr. Lorente had already exited the building and missed the opportunity to speak to that second agenda item. Mavor/Council Communications In response to a media announcement Mayor Maxwell clarified that the Washington State Ferries proposal keeps island ferry service available. Following up on Mr. Bass' comments, Mr. Carlisle referred to the requirement to conduct a TCI audit every other year in order to collect fees should discrepancies be found. Mr. Carlisle then recommended that the Mayor authorize the Finance Department to conduct such an audit. Mrs. Robinette asked that at the next Study Session Council discuss procedures to let the public know in advance when comments are allowed. Sanitation Vehicle Replacement Mayor Maxwell presented an Interlocal Agreement between the City of Anacortes and the City of Olympia for the purchase of two front-end loading vehicles. Mayor Maxwell then presented a solid waste executive summary. Mr. Steve Mansfield, City Attorney, then reported on the lease negotiations with the leasing company. Mr. Mansfield also clarified that the lease agreement is separate and apart from the decision to purchase the vehicles. Mr. Mansfield pointed out that the lease is just one method of financing the purchase and that the lease will come back to Council for approval. Discussion followed. Mr. Brown moved, seconded by Mr. Rock to authorize the Mayor to execute the Joint Purchasing Agreement with the City of Olympia for the purchase of two front-end loading sanitation vehicles. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Root. Motion carried. Ordinances: 121 Parkina Restrictions Mr. Jim Pemberton, Director of Public Works, presented this item to Council. The request is for Council approval of Ordinance No. 2423 limiting parking of vehicles on the west side of Commercial avenue between 17th and 18th streets and Ordinance No. 2424 prohibiting parking of vehicles on the south side of 20th street between Commercial and "Q" Avenues. Staff met with affected property owners and the Traffic Safety Committee recommends approval of both parking restrictions. By way of information, Council received a March 13, 1997 memo from David Lervik, Staff Engineer, copies of the proposed ordinances, and copies of the minutes of the March 7, 1997 Traffic Safety Committee meeting. On a related issue, Mr. Root pointed out that Frontier Ford parks an inventory vehicle, used for advertising, on Commercial Avenue between 17th and 18th Streets for indefinite periods of time. With that, Mr. Rock moved, seconded by Mr. Carlisle, that Ordinance No. 2423 and Ordinance No. 2424 be adopted. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Root, Sizemore. No - Brown. Motion carried. Voucher Aouroval Mr. Sizemore moved, seconded by Mr. Root, that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and 1285 March 17, 1997 - continued approved by the Council Finance Committee on March 6, 1997 and March 13, 1997 be approved for payment as of this date, March 17, 1997. Vote was unanimous. Claims Mar, 1997 Warrant Numbers 49239 through 49400 in the total amount of $205,835.13 Prewriting Claims Feb, 1997 Warrant Numbers 48758, 48915-48920, 49091-49093 in the total amount of $8,015.63 Payroll Feb, 1997 Warrant Numbers 6511 through 6738 in the total amount of $522,437.27 FEMA - Resolution Mr. Root moved, seconded by Mr. Sizemore, to adopt Resolution No. 1437 entitled, "Designation of Agent". This Resolution authorizes Mr. James R. Pemberton, Director of Public Works to act on behalf of the City in obtaining federal and/or emergency or disaster assistance funds. Vote: Ayes - Robinette, Rock, Carlisle, Root, Sizemore, Brown, Christiansen. Motion carried. Sister Citv Sian Application Mr. Ian Munce, Planning Director, presented a request made by the Sister Cities Organization for two signs to be placed in the public right-of-way. Copies of the welcome signs listing Anacortes' three Sister Cities were forwarded to Council. One sign would be located on Ferry Terminal Road and the other would be located on the east side of Highway 20 beyond the roadside park. Mr. Christiansen moved, seconded by Mr. Brown to approve the installation of the two 4' x 5 1/2' "welcome/Sister City" roadside signs. Vote: Ayes - Rock, Carlisle, Root, Sizemore, Brown, Christiansen, Robinette. Motion carried. Aareement with Texaco (Petroleum Cokel Mayor Maxwell prefaced this item with words of appreciation for the united manner in which the community addressed coke hauling issues within the City limits. Industry and neighborhood representatives met and held productive dialogues about these important health, economic and environmental issues. Mr. Ian Munce, Planning Director, reviewed the proposed Petroleum Coke Transportation Environmental Protection Agreement between the City of Anacortes and Texaco Refining and Marketing, Inc. In return for Texaco's implementing all the measures outlined in the Agreement, the City is satisfied that Texaco is taking all the reasonable steps to reduce impacts for the coke trans -shipment activities and the City continues support of shipment action within its borders. Mr. Munce pointed out that Section 4 addresses non- compliance resolution. Mr. Carlisle then emphasized Mayor Maxwell's excellent leadership during the petroleum coke citizens/industry committee meetings. Agreeing with Mr. Carlisle comments, Mr. Root also pointed out that Agreement Section # 3 has not been reviewed by the Committee. He cautioned that future revisions to the industry may very well present issues that would prohibit the City from continuing support of Texaco's shipment actions through its borders. Mr. Munce pointed out that the Agreement now before Council has been circulated to the Committee members and no comments have been received. Mr. Carlisle moved, seconded by Mrs. Robinette, to authorized the Mayor to enter into the Petroleum Coke Transportation Environmental Protection Agreement with Texaco Refining and Marketing. Vote: Ayes - Carlisle, Root, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Public Hearina - Recvclina Proposal Mayor Maxwell declared the Public Hearing open to take public comment on the proposal to modify curbside collection service from weekly to bi-weekly collection. Mr. Jim Pemberton, Director of Public Works, reviewed information previously presented at Study Session. He explained that the existing curbside recycling contract with Waste Management Northwest expires March 31, 1997. He then presented a cost breakdown prepared by the Finance Department, reviewed the proposed fees presented by Waste Management and Rural Sanitation and discussed potential future increases. Mr. Pemberton said that based on quotes received he would recommend a draft contract to bring back to Council for consideration. Mr. Pemberton then reviewed the development of the rate structure. The Mayor then opened up the meeting for public comment. Mr. David Bass, 4104 Mitchell Drive, said that he fills his recycling container and asked if extra containers would be available if the schedule changes to bi-weekly. Mr. Marc Krueger, Supervisor of the Sanitation Department, emphasizing that his department has cut back thereby passing savings on to customer. Because of that he recommended that the Council pick the lowest recycling rate to pass that additional savings on to customer. Mr. Tom Bates, 1902 38th St., asked if this is an either/or situation: either go to bi-weekly or experience a rate increase. Mr. Dick Johnson, 2402 March 17, 1997 - continued Highland Drive, complimented the City's sanitation department service and supported the bi- weekly pickup. Mr. Malcolm Lorente, 3820 W. 4th St., clarified that this proposed change is for recycling only. Mr. Christiansen discussed the yard waste pick-up program. Mr. Hal Dahl, 618 St. Mary's Drive, uses the recycling service four times per year. Ms. Laura Curley, 819 27th St., asked where the recycling materials go and suggested emphasis on ways to eliminate and reduce waste. There were no further comments and the Mayor declared the Public Hearing closed. Discussion followed. Mayor Maxwell asked Mr. Knutsen, 1388 Peterson Road, District Manager for Rural Sanitation, if decision could be delayed on contract for one more week. Mr. Knutsen said that service could be resumed on the 4th week of April. He also answered questions about a yard waste program. There were a number of citizens in the audience who did not testify and the Mayor and Council asked the audience to raise hands in favor of bi- weekly and to raise hands in favor of retaining weekly service. Detailed questions followed regarding newspaper and paper pickup and purchase of containers. Mr. Root further discussed the purchase of the containers and requested further time and information in order to evaluate the two proposed fees. After lengthy discussion, Mrs. Robinette moved, seconded by Mr. Rock, to approve a bi-weekly recycling pickup with a private contractor. Vote: Ayes - Root, Brown, Christiansen, Robinette, Rock, Carlisle. No - Sizemore. Motion carried. At approximately 9: 10 p.m. the Mayor announced that this meeting will be continued to Monday, March 24, 1997 to 7:00 p.m. to conduct an Executive Session to discuss a land transaction. Continued Meeting of March 17 -- March 24, 1997 The Council met in executive session at 7 p.m. on Monday, March 24th. Members present were Ken Brown, Bill Carlisle, Terry Christiansen, Bud Rock, Jeanne Robinette, and Ray Sizemore. Ben Root was absent. Discussion topics included labor negotiations and a possible land purchase. The executive session was adjourned at 7:30 p.m. with no action taken. Mayor Dean Maxwell reconvened the March 17 public meeting at 7:35 p.m. on Monday, March 24th. Mrs. Robinette moved that the Council accept the proposed three-year labor contract with Teamster Local 788. Mr. Brown seconded her motion. After a brief discussion, the contract was accepted by a vote of 5 to 1, with Mr. Carlisle casting the dissenting vote. The Council then addressed the issue of curbside recycling. Mayor Maxwell reviewed the bids submitted for bi-weekly recycling (including colored plastics) by Waste Management and Rural Skagit Sanitation; the Waste Management bid is $127.72/month, the Rural Skagit Sanitation bid is $113/ton. The Mayor then read a letter from Rural Skagit Sanitation explaining that the company would not be land filling any of the recyclables picked up in Anacortes. The material would all go to Skagit River Steel & Recycling. The Mayor also explained the process through which the request for proposals had been handled. He asked the Council how they would like to proceed with the issue. Mr. Carlisle moved that the City enter into a six-month contract with Waste Management, running from April 1, 1997 to September 30, 1997, for bi-weekly curbside recycling. Mrs. Robinette seconded the motion. After considerable discussion, the motion was approved unanimously. Mayor Maxwell presented, and recommended for approval, the 1996 sewer rehabilitation project. Mr. Christiansen moved that the Council accept the improvements as complete. Following a seconded by Mr. Sizemore, the motion carried unanimously. The continued meeting was adjourned at 8:05 p.m. orge Rhtaia , City Clerk -Treasurer H. Dean Maxwell, Mayor _h, 4La� Councilmember 1287 April 7, 1997 Mayor Maxwell called the meeting of April 7, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, 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 Meeting Mr. Brown moved, seconded by Mr. Rock, that the minutes of March 17, 1997 and the continued meeting of March 24, 1997, be approved as if read. Vote: Ayes - 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 and the members of the Council took a moment to remember Councilman Ben Root. Ben passed away on March 26, 1997. In part, the Mayor said that, "Ben's wit, humor and leadership will be missed by all of us here at the City of Anacortes." On April 12, 1997, 3:00 p.m. at Brodniak Hall, there will be a community service to celebrate the Ben's life. The Mayor and Councilmembers offered their condolences to Ben's wife, sons, and extended family. Voucher Approval Mr. Sizemore moved, seconded by Mr. Brown, 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 20, 1997, March 27, 1997, and April 3, 1997 be approved for payment as of this date, April 7, 1997. Council vote was unanimous. Claims Apr, 1997 Warrant Numbers 49405 through 49673, in the total amount of $474,443.73 Prewritten Claims Mar, 1997 Warrant Numbers 49232-49238, 49401-49402 in the total amount of $11,274.78 Payroll Mar, 1997 Warrant Numbers 6893 through 7135 in the total amount of $601,461.54 Draw Pavroll Mar, 1997 Warrant Numbers 6740 through 6869 in the total amount of $72,246.66 Ordinance: Uodatina Municipal Code Mayor Maxwell presented an Ordinance to Council that would repeal a number of out of date ordinances and code sections. Mr. Steve Mansfield, City Attorney, explained that this Ordinance is part of the process of reformatting and updating our Municipal Code. Mrs. Robinette initiated a discussion on removing one of the Ordinances to be repealed, specifically Ordinance No. 1236 entitled "An Ordinance creating the Office of City Manager, prescribing duties, and fixing compensation therefore." Mrs. Robinette talked about the need to have a job description in place should there be a vacancy in the Office of the Mayor. Mrs. Robinette moved, seconded by Mr. Carlisle, to adopt the Ordinance with the caveat that Ordinance No. 1236 be removed from the list of documents to be repealed. Mr. Rock suggested that this action be accomplished under two separate motions. Mr. Brown then explained that a change from Mayor/Council form of Government to a City Manager/Council form requires a vote of -the people. Should that come to pass a new job description and salary schedule for a City Manager would be prepared at that time. With that, Mrs. Robinette and Mr. Carlisle withdrew their motion and second. Mr. Christiansen then moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2425 entitled "An Ordinance Repealing Obsolete, Superseded or Unconstitutional Ordinances and Portions Thereof for the City of Anacortes, Washington." Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Warrant Cancellation Mr. Christiansen moved, seconded by Mr. Brown, to approve the cancellation of Payroll Warrant No. 6767 in the amount of $200.00. Mr. Carlisle took this opportunity to encourage City employees to take advantage of the City's Direct Deposit Program. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Filter Media Pilot Studv/Phase II Supplemental Aareement Mr. Jim Pemberton, Director of Public Works, began his summary by pointing out that the City together with R.W. Beck started the filter media pilot study in 1995. He said that following his introduction, representatives from the Water Treatment Plant and R.W. Beck will update the Mayor and Council on what has been accomplished to date on Phase I (which will be completed in April, 1997), and what the next steps are to complete the process. He concluded by April 7, 1997 - continued requesting budget expenditure authorization to complete the second phase of the filter media pilot study and to conduct a full-scale, in -plant study with one of the filter basins. Mr. Willie LaRue, Project Manager, explained that as the Water Treatment Plant reaches hydraulic capacity it will be necessary to provide a detailed study evaluating different filter media that would increase plant capacity, maintain historical water quality while staying within the plant structure. Using overhead displays, Mr. LaRue then reviewed the goals and objectives of the study. Mr. LaRue was assisted in this presentation by Mr. Ed Capasso, Plant Manager, and by Mr. Wilson Binger of R.W. Beck. Mr. Binger described the four parts of Phase II of this project and he also complimented City staff on its assistance and fiscal responsibility. Discussion followed with Council on Health Department requirements, budget impacts, total number of existing filters and other details. Mr. Sizemore compliment the water treatment staff on the water quality. At the conclusion of the discussion Mr. Christiansen moved, seconded by Mr. Carlisle, authorize the requested budget to proceed with Phase II of the Filter Media Pilot Study. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Discussion: Recvclina Billina Procedure Mr. Carlisle began the discussion on the bi-weekly recycling program recently instituted. Mr. Carlisle and other Councilmembers suggested that the City's utility bills should clearly reflect the fact that the utility customer is paying for a recycling service. Additionally, Mr. Carlisle offered that if the recycling charge is listed separately on the bill this will save $.11/account/month in State of Washington refuse tax. Discussion followed regarding the exact dollar amount to be shown as a recycling charge. At the end of the discussion, Mr. Carlisle moved, seconded by Mr. Christiansen, to separate refuse from recycling on the City of Anacortes utility bill, the recycling amount shall be from $2.50-$4.00 per month, and with an effective date of May 1, 1997. Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Consideration of "R" Avenue Waterline Bids Mr. Gordon Bruchner, City Engineer, introduced the "R" Avenue waterline bid results to Council. Low bid was received from Marshbank Construction, Snohomish, in the amount of $290,636.00 plus sales tax. Discussion followed regarding the use of Mr. Ken Kinzel, former Senior Engineering Technician for the City, as a project employee/full time inspector. Mr. Bruchner detailed the complexity of this project and the necessity for a full time project employee. Mr. Brown moved, seconded by Mr. Carlisle, to award the "R" Avenue Waterline project to Marshbank Construction in the amount of $290,636 plus tax and to authorize the hiring of special project employee, Mr. Ken Kinzel and to authorize associated costs in the range of $20,000 to $25,000. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. At approximately 9:15 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss a possible land transaction and possible litigation. At approximately 9:45 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. C urge htaian, ity Clerk -Treasurer H. Dean Maxwell, Mador Councilmeniber 1289 April 21, 1997 Mayor Maxwell called the meeting of April 21, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, 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 Meeting Mr. Brown moved, seconded by Mr., Sizemore, that the minutes of April 7, 1997 be approved as if read. Although he did not recommend an amendment to the minutes, Mr. Carlisle clarified that the Council's discussion on the recycling billing procedure ("Discussion: Recvclina Billino Procedure", page 2, paragraph 4) was extensive and detailed, that the Finance Department was asked to develop an accurate recycling amount to appear on the bill, and that the time frame for implementation was "by May 1, 1997" rather than "effective date of May 1, 1997." Vote on the Motion to approve the minutes: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearings No citizens present wished to testify on items not on the agenda. Mavor/Council Communications There were no announcements/discussion items from either the Mayor or the Council. Ordinance Establishina Refuse Recvcle Charge Based on his comments made under "Minutes of Previous Meeting", Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2426 entitled "An Ordinance Amending Ordinance No. 2317, dated April 4, 1994, Pertaining to Refuse Rates". Mrs. Robinette suggested delaying action on this item until the Finance Department could make its own accurate "estimate" recommendation on a recycle dollar amount. Mr. Brown pointed out that there will be a 6 -month review period of the reduced recycling schedule and that the end of the review period would be a better time to assess rates and services, if necessary. Councilmembers then discussed and agreed that the Ordinance shall reflect a $3.00 recycling rate. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Consent Aaenda On a question from Mr. Christiansen, the Finance Director explained the City's water contract fixed operating rate. With that, Mr. Rock moved, seconded by Mr. Sizemore, that the following Consent Agenda items be approved. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Voucher ADnroval 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 March 20, 1997, March 27, 1997, and April 3, 1997 be approved for payment as of this date, April 21, 1997. Council vote was unanimous. Claims Apr, 1997 Warrant Numbers 49676 through 49864 in the total amount of $336,661.72 Draw Pavroll Apr, 1997 Warrant Numbers 7136 through 7265 in the total amount of $71,104.00 Council adopted Resolution No. 1438 setting a May 19, 1997 Hearing Date for a Petition to Vacate a portion of "U" Avenue. Council adopted Ordinance No. 2427 vacating Alley in Block 163, Original Plat to the City of Anacortes. Council adopted Resolution No. 1439 amending the Water Contract between the City of Anacortes and Shell Anacortes Refining Co.; Resolution No. 1440 amending the Water Contract between the City of Anacortes and Texaco Refining and Marketing, Inc.; Resolution No. 1441 amending the Water Contract between the City of Anacortes and the City of Oak Harbor; Resolution No. 1442 amending the Water Contract between the City of Anacortes and the Town of La Conner; Resolution No. 1443 amending the Water Contract between the City of Anacortes and P.U.D. # 1 of Skagit County; Resolution No. 1444 amending the Water Contract between the City of Anacortes and the Swinomish Tribal Community. 1 l_ April 21, 1997 - continued Interlocal Aareement with Skaait Countv for Ballfields Mr. Gary Robinson, Director of Parks and Recreation, presented the Mayor and Council with an Interlocal Agreement entitled "Interlocal Agreement for Construction of Softball & Baseball Facilities." Mr. Robinson reviewed the proposed ball field improvements. Mr. Rock suggested that the improvements include roofs for the dugouts. Approval of the Interlocal Agreement will allow Skagit County to contribute $40,000 toward the upgrade of these facilities. Mr. Christiansen moved, seconded by Mr. Brown, to authorize the Mayor to enter into an Agreement with Skagit County entitled "Interlocal Agreement for Construction of Softball and Baseball Facilities." Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Waterline Maintenance Project Mr. Jim Pemberton, Director of Public Works, introduced Mr. Bob Clumpner, Water Department Maintenance Foreman. Addressing the Council and audience, Mr. Clumpner presented the painting contractor bid results for a project to paint the City's above ground waterlines. The low bid was received from Longs Painting Company in the amount of $35,925.00 including tax. On questions from Council Mr. Clumpner said that the pipe will be painted green, and that the contractor background check was favorable. Mr. Sizemore moved, seconded by Mr. Carlisle, to award the maintenance project to Longs Painting Company. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. 1997 Contract with EDASC Mr. Ian Munce, Planning Director, presented a Resolution to Council that would approve an agreement between the City of Anacortes and the Economic Development Association of Skagit County (EDASC). Recognizing the time, effort and support expended by EDASC during the recent Sidney, B.C. Ferry issue, Mr. Munce suggested expanding the EDASC scope of services to include both Industrial Development and Tourist Promotion and to increase the dues to EDASC to $7,000 (from $6,000). With that, Mrs. Robinette moved, seconded by Mr. Carlisle, to adopt Resolution No. 1447 entitled "A Resolution Authorizing and Directing Execution of a Memorandum of Agreement by and between the City of Anacortes and the Economic Development Association of Skagit County". Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Authorization: "Q" Avenue Desian Contract - Perteet Enaineerina Mr. Jim Pemberton, Director of Public Works, introduced an April 15, 1997 memo from Mr. David Lervik, Staff Engineer, presenting the background and recommendations on the "Q" Avenue improvements. Included with the memo is a draft contract and scope of work for Perteet Engineering to perform the preliminary engineering report and right-of-way analysis for the "Q" Avenue improvement project from 22nd Street to 11th Street. Mr. Pemberton reported that there is no line item in the 1997 Budget for this project. He also explained the necessity for this preliminary analysis in order to apply for final design funding. Mr. Rock expressed concern over these contract costs. Mr. Carlisle described the City's consultant selection process and moved, seconded by Mr. Sizemore, to authorize the City to enter into a contract with Perteet Engineering for the "City of Anacortes 'Q' Avenue Design Report". Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Sizemore. No - Rock. Motion carried. 41st Street Waterline Extension/Latecomer Aa_ reement Pronosal Mayor Maxwell introduced this item by pointing out that Council had previously reviewed this matter in Study Session. At that time different options and proposals were submitted by property owners regarding the 41st Street Waterline Extension and Latecomer Agreements. Councilman Carlisle reported on his communication with affected property owners and excused himself from participating on this matter. Mrs. Robinette also listed her discussions with applicants. On a question from Mrs. Robinette, Mr. Ian Munce, Assistant City Attorney, said that this matter is not a quasi-judicial issue but a rather a contract issue where Council is being asked to support a local consortium. Mr. Mansfield, City Attorney, confirmed that the Council is acting in a legislative capacity so the Appearance of Fairness Rules do not apply to this matter. Mr. Norm Landerman-Moore, 2204 41st St., reviewed the action taken to date by the 41st Street neighbors after the City's waterline installation and L.I.D. process was tabled. Discussion regarding latecomers agreement then followed. Calling it the most equitable assessment, Mr. Landerman-Moore said that he thought the majority of affected property owners supported option 2. Mr. Ted Parrish, 2215 41st St., spoke against this option and stated that this would not provide for an equitable return to the waterline investors. Mrs. Robinette inquired about the administration of this agreement. Mr. Landerman-Moore responded to Mrs. Robinette's question. Mr. Forrest Miller, address not given, discussed need and use. Ms. Laurie Gere, 4011 West 3rd St., asked that Council support the Latecomer's 1291 April 21, 1997 - continued Agreement with an equitable interest rate citing the need fire protection and service. Mrs. Fayrene Parrish, 2215 41 st St., spoke against Latecomer Agreement Option 2 preferring one in the traditional manner administered by the City. Reviewing the 4 options available, including staff's recommendation to assess those who do not initially participate on a front footage, total area/zoning and total project cost basis, the Mayor opened the Council discussion. Councilmembers discussed the various options as well as the City's responsibility in deciding this issue. At the conclusion of this discussion, Mr. Rock moved, seconded by Mr. Sizemore, to approve a Latecomer's Agreement for the 41st Street waterline based on a 10 -year life, that the original investors receive the benefit from the Latercomer's Agreement, and that the Latecomer's Agreement amount be based on average costs incurred by original investors and shall apply only to those parcels not participating in the original construction costs. Vote: Ayes - Christiansen, Robinette, Rock, Sizemore, Brown. Motion carried. Mr. Carlisle returned to the Council Chambers. A000intment: Plannina Commission Mayor Pro -Tem Rock requested that this item be postponed for two weeks. Closed Record Meetina: Prosser Bed & Breakfast Conditional Use Mr. Ian Munce, Planning Director, introduced this item to the Council and audience. Mr. John Prosser has applied for a 3 -bedroom Bed & Breakfast Conditional Use Permit at 2615 "D" Avenue. Mr. Munce began his summary on this matter with a discussion on procedure. An appeal of the Planning Commission recommendation on this matter has been filed under the Regulatory Reform procedures. Mr. Munce listed the information forwarded to Council including a transcription of the testimony submitted to the Planning Commission and the written materials developed by the Planning Commission and recommendations. The Planning Commission recommended approval of the Conditional Use subject to standard conditions. Additionally, Council has a copy of the appeal filed by Mr. Steve Trujillo and co -appellant, Mrs. Shirley Knutsen, outlining their concerns regarding this neighborhood use . The appellants were not present at this meeting. The applicant, Mr. John Prosser, will address the issues raised by the appeal. Concluding his review, Mr. Munce used an overhead display illustrating the project location and adjacent development. The applicant, Mr. John Prosser, began his presentation with the long, local history of the house itself at 2615 "D" Avenue. Pointing out that 36% of the Sidney Ferry customers use Bed & Breakfast accommodations, Mr. Prosser emphasized the low neighborhood impact that this kind of traveling style has. His property is buffered from surrounding neighborhoods by "D" Avenue, 27th Street and Creekside Lane. Stating that although his house is for sale he will continue to live in the area. He also was not aware of any noise from the surrounding developments. Mr. Prosser then introduced the proposed new owners of the property at 2615 "D" Avenue. Council discussion followed regarding the high success rate of existing B & B's and the lack of problems associated with them. With that, Mr. Carlisle moved, seconded by Mr. Christiansen, to deny the appeal and to approve the Bed & Breakfast Conditional Use application subject to the conditions outlined in the Findings of Fact and Conclusions of Law. Mrs. Robinette moved to amend the motion to add as a condition the zoning ordinance language requiring an annual review of Conditional Use Permits. The motion died for a lack of a second. Councilmembers discussed the review criteria used to evaluate a Bed & Breakfast Conditional Use application and spoke in favor of this neighborhood use. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Mr. Prosser inquired about an administrative cost for filing an appeal. Closed Record Meetina: Villaae Park Preliminary Plat Mr. Christiansen excluded himself from participation in this matter. Mr. Ian Munce, Planning Director, reviewed the record developed by the Planning Commission based on the application submitted for the 24 -residential lot Village Park Preliminary Plat at approximately 35th Street and "D" Avenue. Using an overhead display, Mr. Munce showed the development pattern adjacent to this property. Mr. Munce also pointed out that the Village Park Plat is a replat of the underlying platted streets and alleys. Once all improvements are in the applicant would come back to Council for Final Plat approval, for acceptance of utilities and improvements and for the vacation of the streets and alleys in the underlying, existing plat. Portions of that vacated plat would be added to the Vista Too buffer area. This subdivision would be fenced to provide additional buffer to the surrounding developments. Mr. Munce then clarified the recommended in -lieu of payment for the subdivision park land requirement. With this proposal each lot would be subject to a $1,000 payment to the City Park Fund at the Building Permit stage. As to connecting through streets where reasonable and practical: Based on the surrounding development patterns the Planning Commission recommended support for vacation of portions April 21, 1997 - continued I.q of 36th Street. As part of preparation for this project the applicant worked with the Vista Too Homeowners Association to address access concerns. All lots in the proposal would front on the cul-de-sac. No appeal has been filed. Lengthy discussion followed regarding the issue of responsibility for development of 36th Street. Based on the record received, Mrs. Robinette reviewed her recommendation regarding circulation. Mr. Brown pointed out that the project as presented, meets the City's requirements and has been recommended for approval by the Planning Commission. Lengthy discussion followed regarding the City's circulation system and the enforcement of same on this plat. Mr. Carlisle suggested site visits for future projects. Mrs. Robinette moved, seconded by Mr. Rock, to approve the Village Park Preliminary Plat with the following amendments: Condition # 22 to read as follows: "No building permit shall be issued for Lots 13-24 without a deed restriction being recorded that stipulates that the property owner will not oppose an L.I.D. for 36th Street and utility improvements or Village Park shall be connected to 36th Street with a paved street.", and to amend Condition # 11 to add, "A Large Parcel Stormwater.....". Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Robinette. Motion carried. Mr. Christiansen returned to the Council Chambers. Fidalao Bav Plan Contract Amendments: Resolution Mayor Maxwell presented a Resolution that would authorize the Mayor to enter into an Agreement with the Washington State Department of Community, Trade, and Economic Development to accept an additional $20,000 to Huckell-Weinman to assist in the additional work necessary to continue in the preparation of a sub -area plan for Fidalgo Bay. Mrs. Robinette moved, seconded by Mr. Brown, to adopt Resolution No. 1445, entitled "A Resolution Authorizing an Expanded Scope of Work for the Fidalgo Bay Plan." Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Sidnev Ferry Run Marketina: Resolution Mr. Ian Munce, Planning Director, presented a Resolution to Council that would authorize the use of tourism fund emergency reserves for the promotion of the Anacortes to Victoria/Sidney Ferry Run. Mr. Munce pointed out that the Department of Washington State Ferries is not planning to expend any funds to inform the public about this service. Mayor Maxwell explained the proposed Marketing Plan. Mr. Carlisle moved, seconded by Mr. Christiansen, to adopt Resolution No. 1446 entitled, "Authorizing the Use of Tourism Fund Emergency Reserves for Promotion of the Anacortes to Sidney Ferry Run". Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. At approximately 10:30 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss personnel issues. At approximately 11:00 p.m. p.m. the Council reconvened and without taking any further action, the meeting was adjourned. Argehtaian, ity Clerk -Treasurer H. Dean Maxwell, May r `� Councilmember 1293 Mayor Maxwell called the duly -advertised Special Meeting of the Anacortes City Council to order at 7:00 p.m. The purpose of the Special Meeting was to convene in Executive Session to discuss personnel matters. At 7:30 p.m. the Mayor concluded the Executive Session and without taking any action adjourned the Special Meeting. Mayor Max ell called the meeting of May 5, 1997 to order at 7:30 p.m/rketing: Roll call found resent: Bill Carlisle, Ray Sizemore, Ken Brown, Tern, Bud Rock. Absent: Jeann obinette. Roll call was followed by the Pledge of Ae Flag. Minutes of Previo s Meetina Mr. Brown moved, conded by Mr. Sizemore, that the minutes of Abe approved with the following co ction: all referenrPc +� *"- "^` ' - uagenda item should read "Victoria/ 3ansen, Rock, Carlisle. Motion carried. Citizen Hearinas Mrs. Charlotte Johnson i 's from the Depot Farmers Market, passed out gift k 1 behalf of all the vendors Mrs. Johnson welcomed ling day of the 9th Depot Market season on May 1 Mavor/Council Commun There were no announcer or the Council. Ordinance Establishina Based on his comments seconded by Mr. Sizemor Ordinance No. 2317, dal suggested delaying action un tnis item un accurate "estimate" recommendation on a rec li there will be a 6 -month review period of the r review period would be a better time to Councilmembers then discussed and agre d that rate. Vote: Ayes - Christiansen, Robinet , Rock, Consent Aaenda ig", Mr. Carlisle moved, qn Ordinance Amending .vuaC Rates". Mrs. Robinette Finance Department could make its own dollar amount. Mr. Brown pointed out that 1 recycling schedule and that the end of the sess rates and services, if necessary. e Ordinance shall reflect a $3.00 recycling lisle, Sizemore, Brown. Motion carried. On a question from Mr. Christianso, the Finance Directk explained the City's water contract fixed operating rate. With that, MY Rock moved, seconded y Mr. Sizemore, that the following Consent Agenda items be appro ed. Vote: Ayes - Robinett Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Voucher Agnroval Council voted that the foll ing vouchers/warrants audited and \be the City's Auditing Officer (Finance Director and subsequently reviewed and appCouncil Finance Committee on March 2 , 1997, March 27, 1997, and April 3, 199ed for payment as of this date, April 21, 1 97. Council vote was unanimous. Claims: Apr, 1997 Warr nt Numbers 49676 through 49864 in the tota336,661.72 Draw Par I:Apr, 1997 rrant Numbers 7136 through 7265 in the total a1,104.00 Council adop d Resolution No. 1438 setting a May 19, 1997 e or a Petition to Vacate a no ion of "U" Avenue. Council cyopted Ordinance No. 2427 vacating Alley in Block 163, Original Plat t1 the City of Anaco s. Council adopted Resolution No. 1439 amending the Water Contract between thACity of Anacortes and Shell Anacortes Refining Co.; Resolution No. 1440 amending the Water Contract between the City of Anacortes and Texaco Refining and Marketing, Inc.; Resolution No. 1441 amending the Water Contract between the City of Anacortes and the City of Oak Harbor; Resolution No. 1442 amending the Water Contract between the City of Anacortes and the Town of La Conner; Resolution No. 1443 amending the Water Contract between the City of Anacortes and P.U.D. # 1 of Skagit County; Resolution No. 1444 amending the Water Contract between the City of Anacortes and the Swinomish Tribal Community. 1293 Mayor Maxwell called the duly -advertised Special Meeting of the Anacortes City Council to order at 7:00 p.m. The purpose of the Special Meeting was to convene in Executive Session to discuss personnel matters. At 7:30 p.m. the Mayor concluded the Executive Session and without taking any action adjourned the Special Meeting. Mayor Max ell called the meeting of May 5, 1997 to order at 7:30 p.m. Roll call found resent: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christian n, Bud Rock. Absent: Jeann obinette. Roll call was followed by the Pledge of Allegiance the Flag. Minutes of Previd'Us Meetina Mr. Brown moved, conded by Mr. Sizemore, that the minutes of Ap/2,997 be approved with the following co ction: all references to the "Sidney Ferry Runting: agenda item should read "Victoria/ * ney Ferry ....". Vote: Ayes - Sizemore, Brhristiansen, Rock, Carlisle. Motion carried. Citizen Hearinas Mrs. Charlotte Johnson of ther Flight Farms together with ven ors from the Depot Farmers Market, passed out gift bask to the Council, Mayor and staff On behalf of all the vendors Mrs. Johnson welcomed the yor and Council to attend th opening day of the 9th Depot Market season on May 17th at 1 -00 a.m. Mavor/Council Communications There were no announcements/discu sion items from eit r the Mayor or the Council. Ordinance Establishina Refuse Recv a Charae Based on his comments made under inutes seconded by Mr. Sizemore, to adopt Or ance Ordinance No. 2317, dated April 4, 199 Pe suggested delaying action on this item un e accurate "estimate" recommendation on a rec le there will be a 6 -month review period of the r e review period would be a better time to Councilmembers then discussed and agre d that rate. Vote: Ayes - Christiansen, Robinet , Rock, t Consent Aaenda )f/Previous Meeting", Mr. Carlisle moved, o. 2426 entitled "An Ordinance Amending lining to Refuse Rates". Mrs. Robinette Finance Department could make its own dollar amount. Mr. Brown pointed out that 1 recycling schedule and that the end of the sess rates and services, if necessary. e Ordinance shall reflect a $3.00 recycling lisle, Sizemore, Brown. Motion carried. On a question from Mr. Christianso, the Finance Directk explained the City's water contract fixed operating rate. With that, M : Rock moved, seconde y Mr. Sizemore, that the following Consent Agenda items be appro ed. Vote: Ayes - Robinett Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Voucher ADDroval Council voted that the foll ing vouchers/warrants audited and \bed the City's Auditing Officer (Finance Director and subsequently reviewed and appCouncil Finance Committee on March 2 , 1997, March 27, 1997, and April 3, 199ed for payment as of this date, April 21, 1 97. Council vote was unanimous. Claims: Apr, 1997 Warr nt Numbers 49676 through 49864 in the tota336,661.72 Draw Pav_ r I:Apr, 1997 rrant Numbers 7136 through 7265 in the total a1,104.00 Council adop d Resolution No. 1438 setting a May 19, 1997 e or a Petition to Vacate a Po ion of "U" Avenue. Council 4opted Ordinance No. 2427 vacating Alley in Block 163, Original Plat A the City of Anacortifs. Council adopted Resolution No. 1439 amending the Water Contract between thACity of Anacortes and Shell Anacortes Refining Co.; Resolution No. 1440 amending the Water Contract between the City of Anacortes and Texaco Refining and Marketing, Inc.; Resolution No. 1441 amending the Water Contract between the City of Anacortes and the City of Oak Harbor; Resolution No. 1442 amending the Water Contract between the City of Anacortes and the Town of La Conner; Resolution No. 1443 amending the Water Contract between the City of Anacortes and P.U.D. # 1 of Skagit County; Resolution No. 1444 amending the Water Contract between the City of Anacortes and the Swinomish Tribal Community. 1284 May 5, 1997 - continued Interlocal Aareement with Skagit Countv for Ballfields Mr. Gary Robinson, Director of Parks and Recreation, presented the Mayor and Council with an Interlocal Agreement entitled "Interlocal Agreement for Construction of Softball & Baseball Facilities." Mr. Robinson reviewed the proposed ball field improvements. r. Rock suggested that thA provements include roofs for the dugouts. Approval of the Int ocal Agreement will allow it County to contribute $40,000 toward the upgrade of ese facilities. Mr. Christians moved, seconded by Mr. Brown, to authorize the M or to enter into an Agreement ith Skagit County entitled "Interlocal Agreement for Con ruction of Softball and Baseball Fac ' ies." Vote: Ayes - Rock, Carlisle, Sizemore, Brown Christiansen, Robinette. Motion carried. Waterline Maintelhance Proiect Mr. Jim Pemberton, irector of Public Works, introduced Mr. Bob lumpner, Water Department Maintenance Fore m Addressing the Council and audience Mr. Clumpner presented the painting contractor bi esuIts for a project to paint the City's ab a ground waterlines. The low bid was received from\pr ainting Company in the amount f $35,925.00 including tax. On questions from Counclumpner said that the pipe wi be painted green, and that the contractor background as favorable. Mr. Sizemore ved, seconded by Mr. Carlisle, to award the maintenancct to Longs Painting Comp y.Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Chri, Robinette. Motion carried. 1997 Contract with EDASC Mr. Ian Munce, Planning Direct presented a Resol ion to Council that would approve an agreement between the City of acortes and the conomic Development Association of Skagit County (EDASC). Recognizi the time, effo and support expended by EDASC during the recent Sidney, B.C. Ferry issue, r. Munce s gested expanding the EDASC scope of services to include both Industrial Deve _ pment an ourist Promotion and to increase the dues to EDASC to $7,000 (from $6,000). Wit that, Mr Robinette moved, seconded by Mr. Carlisle, to adopt Resolution No. 1447 entitled " Memorandum of Agreement by and b Development Association of Skagit Coui Robinette, Rock, Carlisle. Motion carried. Authorization: "Q" Avenue Desian C Mr. Jim Pemberton, Director of Public David Lervik, Staff Engineer, presentii :ion Authorizing and Directing Execution of a the City of Anacortes and the Economic te: Ayes - Sizemore, Brown, Christiansen, t - erteet Engineering in oduced an April 15, 1997 memo from Mr. bac round and recommendations on the "Q" Avenue improvements. Included with Yle memo i\Cityconsultant ft contract and scope of work for Perteet Engineering to perform the pre inary engineport and right-of-way analysis for the "Q" Avenue improvement project f m 22nd Streth Street. Mr. Pemberton reported that there is no line item in the 1997 dget for this pHe also explained the necessity for this preliminary analysis in order to ' ply for final desing. Mr. Rock expressed concern over these contract costs. Mr. C isle described tconsultant selection process and moved, seconded by Mr. Sizemo to authorize thnter into a contract with Perteet Engineering 'tor the "City of An Cortes 'Q' Avenue port". Vote: Ayes - Brown, Christiansen, Robinette, Carlisle Sizemore. No -Roion � rried. 41st Street Waterline Exten on/Latecomer Aareement Provos Mayor Maxwell introduced t s item by pointing out that Council h previously reviewed this matter in Study Session. t that time different options and prop als were submitted by property owners regardin the 41st Street Waterline Extension and tecomer Agreements. Councilman Carlisle repo d on his communication with affected prope owners and excused himself from participate on this matter. Mrs. Robinette also listed er discussions with applicants. On a ques on from Mrs. Robinette, Mr. Ian Munce, Assistan City Attorney, said that this matter is not quasi-judicial issue but a rather a contract issue whe Council is being asked to support a to I consortium. Mr. Mansfield, City Attorney, confirmed t t the Council is acting in a legislativ apacity so the Appearance of Fairness Rules do not appl o this matter. Mr. Norm Lander an -Moore, 2204 41st St., reviewed the action taken to datey the 41st Street neighbor after the City's waterline installation and L.I.D. process was tabled. Discussion reg ding latecomers agreement then followed. Calling it the most equitable assessment, MF. Landerman-Moore said that he thought the majority of affected property owners supported option 2. Mr. Ted Parrish, 2215 41st St., spoke against this option and stated that this would not provide for an equitable return to the waterline investors. Mrs. Robinette inquired about the administration of this agreement. Mr. Landerman-Moore responded to Mrs. Robinette's question. Mr. Forrest Miller, address not given, discussed need and use. Ms. Laurie Gere, 4011 West 3rd St., asked that Council support the Latecomer's Agreement with an equitable interest rate citing the need fire protection and service. Mrs. 12-95 May 5, 1997 - continued Fayrene Parrish, 2215 41 st St., spoke against Latecomer Agreement Option 2 preferring one in the traditional manner administered by the City. Reviewing the 4 options available, including staff's recommendation to assess those vjho do not initially0k,articipate on a front footage, total area/zoning and total project cost basis the Mayor opened a Council discussion. Councilmembers discussed the various/na well as the City's res onsibility in deciding this issue. At the conclusion of this, Mr. Rock moved, se nded by Mr. Sizemore, to approve a Latecomer's Agreem41st Street waterline b ed on a 10 -year life, that the original investors receivefit from the Latercomer's greement, and that the Latecomer's Agreement amount ss on average costs incurred original investors and shall apply only to those parcels pating in the original constru 'on costs. Vote: Ayes - Christiansen, Robinette, Roore, Brown. Motion carried. Mr. Carlisle returned%to the Council Chambers. Appointment: Planni a Commission Mayor Pro -Tem Rock re nested that this item be postponed for tw weeks. Closed Record Meetina:rosser Bed & Breakfast Conditio al Use Mr. Ian Munce, Planning Di ctor, in this item to theoCouncil and audience. Mr. John Prosser has applied for a 3 Nedroorn Bed & Breakfast C9fiditional Use Permit at 2615 "D" Avenue. Mr. Munce began h summary on this matter h a discussion on procedure. An appeal of the Planning Commi ion recommendation on his matter has been filed under the Regulatory Reform procedures. Mr. Munce listed a information forwarded to Council including a transcription of the test ony submitted to a Planning Commission and the written materials developed by the Plan 'ng Commission and recommendations. The Planning Commission recommended approva of the Condi nal Use subject to standard conditions. Additionally, Council has a copy of th ppeal file y Mr. Steve Trujillo and co -appellant, Mrs. Shirley Knutsen, outlining their concer regar ' g this neighborhood use . The appellants were not present at this meeting. The raised by the appeal. Concluding his re the project location and adjacent develor The applicant, Mr. John Prosser, began itself at 2615 "D" Avenue. Pointing of Breakfast accommodations, Mr. Pross kind of traveling style has. His prop Avenue, 27th Street and Creekside a pplic t, Mr. John Prosser, will address the issues vi w, r. Munce used an overhead display illustrating m ii pr entation with the long, local history of the house hat % of the Sidney Ferry customers use Bed & r emph ized the low neighborhood impact that this V is buff ed from surrounding neighborhoods by "D" e. Statin that although his house is for sale he will continue to live in the area. He also was not a are of any noise from the surrounding developments. Mr. Prosser then ' troduced the prop ed new owners of the property at 2615 "D" Avenue. Council discussio ollowed regarding th high success rate of existing B & B's and the lack of problems assoc' ted with them. With tha Mr. Carlisle moved, seconded by Mr. Christiansen, to deny thepeal and to approve th Bed & Breakfast Conditional Use application subject to the c ditions outlined in the Findin of Fact and Conclusions of Law. Mrs. Robinette moved to mend the motion to add as condition the zoning ordinance language requiring an an al review of Conditional Use Per s. The motion died for a lack of a second. Councilmem ers discussed the review criteria use to evaluate a Bed & Breakfast Conditional Use appli tion and spoke in favor of this neigh orhood use. Vote: Ayes - Robinette, Rock, Carl' le, Sizemore, Brown, Christiansen. Motion arried. Mr. Prosser inquired about an administra a cost for filing an appeal. Closed /R,ecordeetina: Villaae Park Preliminary Plat Mr. Chrxcluded himself from participation in this matter. r. Ian Munce, Planning Directorthe record developed by the Planning Commission b sed on the application submitte24-residential lot Village Park Preliminary Plat at app ximately 35th Street and "D"Using an overhead display, Mr. Munce showed the evelopment pattern adjacenperty. Mr. Munce also pointed out that the Village Park t is a replat of the underlyistreets and alleys. Once all improvements are in the app 'cant would come back to Council for Final Plat approval, for acceptance of utilities and improve ents and for the vacation of the streets and alleys in the underlying, existing plat. Portions of t t vacated plat would be added to the Vista Too buffer area. This subdivision would be fenced to provide additional buffer to the surrounding developments. Mr. Munce then clarified the recommended in -lieu of payment for the subdivision park land requirement. With this proposal each lot would be subject to a $1,000 payment to the City Park Fund at the Building Permit stage. As to connecting through streets where reasonable and practical: Based on the surrounding development patterns the Planning Commission recommended support for vacation of portions of 36th Street. As part of preparation for this project the applicant worked with the Vista Too May 5, 1997 Mayor Maxwell called the duly -advertised Special Meeting of the Anacortes City Council to order at 7:00 p.m.. The purpose of the Special Meeting was to conduct an Executive Session to discuss personnel matters. At 7:30 to discuss personnel matters. At 7:30 p.m. the Mayor concluded the Executive Session and without taking any action adjourned the Special Meeting. Mayor Maxwell called the meeting of May 5, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Bud Rock. Absent: Jeanne Robinette. Roll call was followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meetinq Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of the April 21, 1997 be approved with the following correction: all references to the "Sidney Ferry Run Marketing agenda item should read "Victoria/Sidney Ferry...". Vote: Ayes — Sizemore, Brown, Christiansen, Rock, Carlisle. Motion carried. Citizen Hearinos Mrs. Charlotte Johnson of Mother Flight Farms together with vendors from the Depot Farmers Market, passed out gift baskets to the Council, Mayor and staff. On behalf of all the vendors Mrs. Johnson welcomed the Mayor and Council to attend the opening day of the 9th Depot Market season on May 17th at 10:00 a.m. Mavor/Council Communications Mayor Maxwell announced that Mr. Brown and Mrs. Robinette will be delegates to the June Association of Washington Cities Conference in Spokane. Also, May 11th through May 17th will be Law Enforcement Memorial Week and May 15th will be Peace Officers Day. On the 15th the City will lower its flags in remembrance of those who lost their lives in the line of duty. Mr. Christiansen reported to the Council on the well -attended Skateboard Park committee meeting. Discussion topics included need for site selection, square footage needed, cost per square foot and a possible 4 -month completion schedule from design to facility completion. The Mayor reported that the Legislature passed a bill that exempts Skateboard facilities from liability. The Mayor again called for applications for the Ward 1 City Council position. Village Park Preliminary Plat findinos of Fact/Motions for Reconsideration Mr. Ian Munce, Planning Director, presented this item to Council. He explained that with the Village Park Preliminary Plat a key issue on this project was what should happen to the adjacent street to the south of this project. In this regard, staff recommended that this street be improved with LID participation by residents of Village Park. The Planning Commission then explored this issue in depth and recommended to Council that this issue could best be handled by having the Village Park residents agree in advance to support 36th Street vacation to facilitate some other configuration for access to those homesites. The Council in its review, concluded whether LID - based participation or construction of a connecting street from the Village Park cul-de-sac to 36th Street. This issue is now before Council for a motion for reconsideration. Mr. Carlisle moved, seconded by Mr. Brown, to reconsider action taken by Council relative to Condition #22. Mr. Rock spoke against the motion saying that he understood Council action was to require development of "C" Avenue to 37th Street. Vote: Ayes — Brown, Carlisle, Sizemore. No — Rock. Abstain: Christiansen. Motion carried. Mr. Sizemore moved, seconded by Mr. Carlisle to approve the Village Park Findings of Fact and Conclusions of Law with the amendment of Condition #22 to reflect the Planning Commission recommendation. • Vote: Ayes — Carlisle, Sizemore, Brown. No — Rock. Abstain: Christiansen. Motion carried. Findinqs of Fact and Conclusions of Law: Prosser Bed & Breakfast Condition Use Mr. Christiansen moved, seconded by Mr. Carlisle, to approve the Findings of Fact and Conclusions of Law on the Conditional Use Permit to conduct a 3 -room Bed & Breakfast at 2615 "D" Avenue. Vote: Ayes — Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Voucher Approval Mr. Carlisle moved, seconded by Mr. Sizemore, that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on April 24, 1997 and May 1, 1997 be approved for payment as of this date, May 5, 1997. Vote: Ayes — Carlisle, Sizemore, Brown, Christiansen, Rock. Motion carried. Claims: May, 1997 — Warrant Numbers 48969 through 50060 in the total amount of $202,027.63 Payroll: Apr, 1997 — Warrant Numbers 7267 through 7467 in the total amount of $576,526.13 May 5, 1997 - continued Proclamation: Letter Carriers Food Drive Collection Dav Mayor Maxwell read a Proclamation proclaiming Saturday, May 10, 1997 as National Association of Letter Carriers Food Drive Collection Day and he encouraged all citizens to participate by placing a non-perishable food item near their mailboxes on May 10tH Waste Manaaement Northwest Reauest to Increase Rates Yard Waste Proaram Mr. Jim Pemberton, Director of Public Works, presented a memorandum and agreement with Waste Management Northwest to provide a yard waste disposal program. Waste Management Northwest has requested a rate increase from $7.00 per month to $8.34 and $2.50 per month to $3.00 (rate for the months of December through February). Mr. Tim Crosby, Operations Manager for Waste Management, discussed disposal pass-through charges and answered questions from Council regarding DOE regulations, disposal costs, detention ponds, 2 -tier rate system and rate notice to customers. Council directed staff to prepare an Ordinance for adoption with the appropriate figures for the proposed rate increase. Bid Award: Wastewater Treatment Plant Revisions Mr. Jim Pemberton, Director of Public Works, presented the bid results for the wastewater treatment plant project that includes dechlorination of wastewater effluent and some work to take care of condensation problems. The low bid of $416,614 was from Magnolia Contractors, Inc. Staff recommends acceptance of the low bid. Mr. Pemberton also recommended that Council waive a Magnolia bid irregularity. Mr. Brown moved, seconded by Mr. Sizemore, to accept the low bid from Magnolia Contractors for the wastewater treatment plant revisions and to waive the bid irregularity. Vote: Ayes — Sizemore, Brown, Christiansen, Rock, Carlisle. There being no further business, the Mayor adjourned the meeting at 8:15 p.m. George Khtaian, City Clerk -Treasurer H. Dean Maxwell, Mayor 1 0 t', 0 Councilmember Homeowners Association to address access concerns. All lots in the proposal would front on the cul-de-sac. No appeal has been filed. Lengthy discussion followed regarding the issue of responsibility for development of 36th Street. Based on the rec rd received, Mrs. Robinette reviewed her ecommendation regarding circulation. Mr. Brown poi ted out that the project as presented, m ets the City's requirements and has been recommen d for approval by the Planning Com ission. Lengthy discussion followed regarding the City' circulation system and the enforce nt of same on this plat. Mr. Carlisle suggested site visits or future projects. Mrs. Robinette oved, seconded by Mr. Rock, to approve the Village Park eliminary Plat with the following mendments: Condition # 22 to read as follows: "No building ermit shall be issued for Lots 3-24 without a deed restriction being recorded that stipulates at the property owner will no oppose an L.I.D. for 36th Street and utility improvements or Villa a Park shall be connected t 36th Street with a paved street.", and to amend Condition # 11 t add, "A Large Parcel St mwater.....". Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Robin te. Motion carried. Mr. Christiansen returned to the Cotincil Chambers. Fidalao Bav Plan Contract Amend ents: Resolutio Mayor Maxwell presented a Resol ion that would authorize the Mayor to enter into an Agreement with the Washington St a Departme of Community, Trade, and Economic Development to accept an additional 0,000 to ckell-Weinman to assist in the additional work necessary to continue in the pr aration a sub -area plan for Fidalgo Bay. Mrs. Robinette moved, seconded by Mr. own, to adopt Resolution No. 1445, entitled "A Resolution Authorizing an Expanded Sco a of rk for the Fidalgo Bay Plan." Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, R bine e, Rock. Motion carried. Sidnev Ferry Run Marketina: Resolution Mr. Ian Munce, Planning Director, presentE use of tourism fund emergency reserves fc Ferry Run. Mr. Munce pointed out that t planning to expend any funds to inform th the proposed Marketing Plan. Mr. Carl' h Resolution to Council that would authorize the e promotion of the Anacortes to Victoria/Sidney epartment of Washington State Ferries is not c about this service. Mayor Maxwell explained o ed, seconded by Mr. Christiansen, to adopt Resolution No. 1446 entitled, "Authorthe a of Tourism Fund Emergency Reserves for Promotion of the Anacortes to Sid n y Ferry un". Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle Motion car led. At approximately 10:30 p.m. Mayor Maxwell annoqpced that the Council would convene in Executive Session to discuss perso nel issues. At proximately 11:00 p.m. p.m. the Council reconvened and without taking any urther action, the eeting was adjourned. GV ge taian, City lerk-Tr asurer H. Dea Maxwell, Mayor Councilmember 12:97 May 19, 1997 Mayor Maxwell called the duly -advertised Special Meeting of the Anacortes City Council to order at 7:00 p.m. in the Municipal Building, 6th Street and "Q" Avenue. The purpose of the Special Meeting was to convene in Executive Session to discuss personnel matters. At 7:30 p.m. the Mayor concluded the Executive Session and without taking any action adjourned the Special Meeting of the City Council. Mayor Maxwell called the regularly scheduled meeting of May 19, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. The Mayor then announced that the meeting of May 19, 1997 would be continued to Tuesday, May 27, 1997 at 7:30 p.m. for the purpose of conducting an Executive Session to discuss a land transaction. Roll call was then followed by the Pledge of Allegiance to the Flag. Minutes of Previous Meetina Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of May 5, 1997 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Rock, Carlisle. Abstain: Robinette. Motion carried. Citizen Hearinas No citizens present wished to testify on items not on the agenda. Mavor/Council Communications Mayor Maxwell introduced Mr. Chris Mitchell of Eddyline Kayak, one of the co -organizers of the San Juan Challenge. Mr. Mitchell thanked the City Council, the police and fire departments, Mr. Russ Pittis, Recreation Supervisor, and the many other supporters of this successful event. Mr. Bob Apter, Race Chairman, commenting that race participants came from as far away as San Diego, described the race conditions. Mr. Apter then presented the Mayor with a poster signed by the winner of the San Juan Challenge, Mr. Greg Barton, a 4 -time US Olympic team member and Gold Medal winner. Public Works - Unfinished Business Consideration of Accegtina 29th Street Waterline Proiect Mr. Gordon Bruchner, City Engineer, presented this item to Council. The 29th Street waterline project was awarded to AR & Company Construction with a final construction cost of $135,184.03. Staff recommends that the project be accepted as complete thereby initiating the 30 -day lien period. If no liens are filed, retainage now held will be paid to the contractor. Mrs. Robinette moved, seconded by Mr. Rock, to accept the project as complete. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Professional Service Contract - Water Comprehensive Plan Mr. Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner described the consultant selection process. A review committee selected R.W. Beck for the Comprehensive Water Plan Update. R.W. Beck submitted a detailed scope of work and costs. In light of the projected costs that are in excess of budgeted funds, the City requested that the consultant phase the project, with Phase I providing information which is of immediate use, and Phase II representing the balance of the work to meet Department of Health requirements and to complete the Plan. Mr. Wilson Binger of R.W. Beck and Mr. Jim Pemberton, Director of Public Works, answered questions from Council regarding service area, repetition of information already on record, water rights, proposed costs and budgeting considerations. Mrs. Robinette moved, seconded by Mr. Carlisle, to authorize the Mayor to enter into an agreement with R.W. Beck for Consultant Services for Phase I of the update to the City's Comprehensive Water System Plan. Vote: Ayes - Christiansen, Robinette, Carlisle, Sizemore, Brown. No - Rock. Motion carried. Contract Amendments Ch2M Hill Desian/Construction Services WWTP Revisions Mr. Jim Pemberton, Director of Public Works, presented two contract amendments to Council for approval. Mr. Pemberton explained that Council recently awarded the bid to Magnolia Construction for the Wastewater Treatment Plant Revision project originally designed by Ch2M Hill. The amendments now before Council are to amend the Ch2M Hill Contract with the City for professional services. Amendment # 1 provides for contract documents, design changes requested by City staff at the 80% design review phase, and a technical memorandum regarding pipe scaling. The total cost for Amendment # 1 is $29,000. Amendment # 2 is a request for Ch2M Hill assistance with construction inspection. The total cost for Amendment # 2 is $55,200. On questions from Council, Mr. John Franz, Plant Manager, explained why May 19, 1997 - continued changes were requested at the 80% design phase. After discussion, Mr. Sizemore moved, seconded by Mr. Brown, to approve Amendments 1 and 2. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Ordinance: Yard Waste Rates Mr. Jim Pemberton, Director of Public Works, presented an Ordinance to Council for adoption. The Ordinance reflects action taken by Council directing that an Ordinance be prepared to reflect a yard waste pickup rate increase requested by Waste Management Northwest. Discussion followed regarding the City's cost for overhead and administration, and yard waste customer participation. The rate now will be $8.50 per month, March through November, and $3.35 per month, December through February. Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2428 entitled "An Ordinance Amending Ordinance No. 2317, Dated April 7, 1994, Pertaining to Refuse Rates". Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Contract - WSU Water Treatment Plant Backwash Residual Land Application Studv Mr. Jim Pemberton, Director of Public Works, presented this item to Council. He pointed out that one of the NPDES requirements for the Water Treatment Plant includes an operations plan for the new solids handling lagoons. The contract now before Council is between the City of Anacortes and Washington State University for assistance in this regard. Solids disposal alternatives will be developed through joint research between the WSU Mt. Vernon extension unit and plant staff. Mrs. Robinette and Mr. Ed Capasso, Plant Manager, discussed sod production as an alternative method. At the end of the discussion Mr. Christiansen moved, seconded by Mrs. Robinette, to authorize the Mayor to enter into an agreement with WSU for evaluation of farmland applications of Anacortes Water Treatment Plant backwash residuals. Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Rock, that the following Consent Agenda items be approved. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. 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 May 8, 1997 and May 15, 1997 be approved for payment as of this date, May 19, 1997. Council vote was unanimous. Claims May, 1997 Warrant Numbers 50063 through 50200 in the total amount of $178,111.34 Prewritten Claims Apr, 1997 Warrant Numbers 49403-49404, 49674-49675, 49865-49866 in the total amount of $9,617.40 Council authorized entering into an agreement with the Anacortes Parks Foundation for the construction of a restroom/concession stand at Volunteer Park Council cancelled Claims Warrant # 50034 in the total amount of $58.21 Public Hearina - Vacation of a Portion o•I "U" Avenue Mayor Maxwell opened the public hearing to review a petition submitted by Mr. Ira Orton to vacate the west 10 feet of "U" Avenue adjacent to Lot 1, Block 26, of Beale's Maple Grove Addition. Mr. Jim Pemberton, Director of Public Works, explained that the Board of Adjustment held a Public Hearing on this matter and the Board voted to recommend approval of the vacation request. There were no comments from the public and the Mayor declared the Public Hearing closed. Mrs. Robinette complimented engineering staff on the quality of the vicinity map. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to grant the vacation of the west 10 feet of "U" Avenue abutting Lot 1, Block 26, Beale's Maple Grove Addition. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Closed Record Meetina - Michaud Conditional Use - Store Expansion Mr. Ian Munce, Planning Director, presented the background summary of this project. Using an overhead display, Mr. Munce showed the general location of the existing store at 919 37th Street. Mr. Munce explained that neighborhood stores are conditional uses in the R2 Zone. The Michaud grocery store predates the existing zoning code requirements. Using a second overhead, Mr. Munce pointed to the proposed new addition to the store to be located south of the existing deck. Council received a transcript of the Open Record Public Hearing held before 1299 May 19, 1997 - continued the Planning Commission. In preparation for that Hearing neighbors were notified and notice published. Concerns about parking and the code definition of a deli versus restaurant were raised during that Public Hearing. Surrounding neighbors petitioned in favor of the Conditional Use. The Planning Commission voted to recommend approval of the Conditional Use subject to five conditions. No appeals were filed. Discussion followed regarding definition of accessory sales. Also discussed was the City's recourse should the deli expand to more of a restaurant use, and maximum land coverage in this zone. At the conclusion of the discussion, Mr. Sizemore moved, seconded by Mr. Brown, to approve the Michaud Conditional Use Permit to expand the accessory use of the store at 919 37th Street, and to approve the Findings of Fact and Conclusions of Law including 5 project conditions. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. 1997 Comprehensive Plan and Development Reaulations Amendments Before discussion of this item, Mr. Ian Munce, Planning Director, announced that the County has adopted the Skagit County Comprehensive Plan. Just as the City does, the County will now enter into an annual cycle of Comp Plan updates. Comp Plan and development regulations amendments are made annually, assembled once a year and reviewed in a cumulative manner. In order for the Council to raise issues to be considered by the Planning Commission as part of this annual review, suggestions should be submitted to the Planning Director by May 28, 1997, introduced on June 2, 1997, and added to the Planning Commission June 25, 1997 Public Hearing. He briefly reviewed the suggested amendments for 1997 and reviewed the amendment hearing schedule. Draft: 1998 - 2003 TIP Public Hearina Mayor Maxwell opened the Public Hearing to review and take comments on the 1998-2003 Transportation Improvement Plan (1996 TIP) for the City of Anacortes. Mr. Dave Lervik, City Engineer, pointed out that the recently received design and construction funds for the "Q" Avenue improvement project must be included on the City's TIP before June 1, 1997. Mr. Lervik then reviewed a draft listing of projects. There were no comments from the public and the Mayor declared the Public Hearing closed. Mr. Christiansen raised concerns about proper notification for a Public Hearing. Suggesting further review of the proposed 1998 TIP, Mr. Brown moved, seconded by Mr. Carlisle, to adopt Resolution No. 1448 entitled "A Resolution Amending Resolution No. 1392 passed and approved on the 4th day of March, 1996 Adopting a Revised and Extended Comprehensive Transportation Improvement Plan." Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown. No - Christiansen. Motion carried. Public Hearina: Stockwell RV Park - Latecomer Aareement Mayor Maxwell opened the Public Hearing to review and take comments on an application submitted by Mr. and Mrs. Richard Stockwell for a latecomers agreement on water and sewer extensions made off-site to serve his project, Fidalgo Bay Resort, a recreational vehicle park on Weaverling Spit. Mr. Jim Pemberton, Director of Public Works, addressed this item. He began his summary by reporting that Agreement costs were approximately $300,000. All property owners were notified of this application and of their preliminary assessments. If approved, the Latecomers Agreement will take effect only if the property owner makes a connection to the utility during the effective period of the Latecomers Agreement. Mr. Pemberton concluded by reporting that he had received requests by property owners to be heard before City Council thereby necessitating a Public Hearing. He also submitted a letter from affected property owners asking Council to reject the Latecomers Agreement. Mr. Richard Stockwell, 1107 Fidalgo Bay Road pointed out that the overall cost for the off-site improvements was $480,000. He also mentioned negotiations held with Mr. Bill Wooding on recovering costs. Additionally, Mr. Stockwell said that effort was still being made to secure the necessary easements. Mr. Richard Sadler, 3804 Fidalgo Bay Road, spoke against the Agreement. Mr. Ron Wolf, Attorney for Mr. and Mrs. Perkins, pointed out problems from rerouted drainage and stormwater runoff and easement ownership. Mr. Don Strom representing the family of his sister, Cora Hansen, said that the Agreement could negatively affect prospective sale of this property. Mr. Mike Young, 3710 Fidalgo Bay Road, asked about City hook-up fees, General Facilities Charges, and the calculation method for the assessment. Mr. Horace Johnston, 3616 Fidalgo Bay Road, reported that there already has been a service installed off of this line. Mrs. Marguerite Moen, 3801 Terrace Drive, spoke against the Agreement and inquired about notification of affected property owners and about why there was a delay in application for this Agreement. Mr. John Roney, 348 Campbell Lake Rd., said that there was no opportunity to comment on a Latecomers Agreement before the project was approved. Mr. Roy Etter, 3512 Fidalgo Bay Road, pointed out that there are a number of hook- ups at the Fidalgo Bay Resort. In response to a comment from Mrs. Robinette, Mrs. Leslie Sadler, 3804 Fidalgo Bay Road, said her property had been appraised at $3,300 more after the May 19, 1997 - continued installation of the sewer line. Her assessment for the Latecomer's Agreement is $18,000. Mrs. Moen pointed out that the main benefit from the utility installation has been derived by Mr. Stockwell. There were no further comments and the Mayor declared the Public Hearing closed. Council discussion followed regarding the location of the waterline through the culvert, City acceptance of improvements, waiver of the GFC, existing hook-up on this line, timeliness of application submittal, hook-up fees, etc. Further information was requested regarding costs/dwelling unit with regard to proportionate share. Pointing out that more information was necessary in order to make a decision, Mr. Rock moved, seconded by Mr. Sizemore, to table this matter. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. At approximately 9:45 p.m. Mayor Maxwell announced that this meeting will be continued to Tuesday, May 27, 1997 for the purpose of conducting an Executive Session to discuss a potential land transaction. 1301 City Council Minutes, May 27, 1997 (Continued Meeting of May 19, 1997) Mayor Maxwell opened the continued meeting of May 19, 1997 at 7:00 p.m. The Council immediately convened in Executive Session to discuss a real estate transaction. At approximately 8:00 p.m. the Council reconvened and without taking any action adjourned the meeting of May 19, 1997. City Council Minutes, Special Meeting - June 2, 1997 Mayor Maxwell called the duly -advertised Special Meeting of the Anacortes City Council to order at 7:00 p.m. in the Municipal Building, 6th Street and "Q" Avenue. The purpose of the Special Meeting was to convene in Executive Session to discuss labor negotiations. At 7:30 p.m. the Mayor concluded the Executive Session and adjourned the Special Meeting of the City Council. No action was taken. City Council Minutes - June 2, 1997 Mayor Maxwell called the regularly scheduled meeting of June 2, 1997 to order at 7:30 p.m. The Pledge of Allegiance followed. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Minutes of Previous Meetina Mr. Brown moved, seconded by Mr. Carlisle, to approve the minutes of May 19, 1997 and the continued meeting of May 27, 1997. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Mr. Carlilse pointed out that while the May 19th minutes, with regard to Draft 1998-2003 TIP/Public Hearina reflects action taken but the narrative is not detailed. Anneal to Citv Council/Ordinance # 2405/Ms. Judy Noah Mrs. Noah was not available to present her appeal to Ordinance # 2405. Mrs. Noah was notified of the appeal date. Mr. Christiansen moved, seconded by Mrs. Robinette, to table this matter for two weeks. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Citizen Hearinas No citizens present wished to testify on items not on the agenda. Mavor/Council Communications Mayor Maxwell read a Proclamation proclaiming June, 1997 as Hire a Veteran Month. The Proclamation states, in part, "...to join me in observing this event in honor of our service men and women, recognizing that when we help a veteran secure employment, we help the family, communities and ourselves." Mayor Maxwell announced that the City is eligible for repair and reimbursement funds from FHWA and the State for the winter storm damage to Anacopper Mine Road The City of Anacortes received a grant from the Transportation Improvement Board to provide $100,000 for sidewalks improvements. The Mayor then presented a framed original of a political cartoon that appeared in a recent issue of the Skaait Vallev Herald. With regard to saving the Anacortes/Sidney, B.C. ferry run, the cartoon positively represents what one small community can do for its own welfare. Waste Manaaement Northwest: Recvclina Contract Mr. Steve Mansfield, City Attorney, presented a proposed 6 -month Contract entitled "Contract for Residential Recycling Services between the City of Anacortes and Waste Management - Northwest." Mr. Mansfield explained that this contract reflects action previously taken by Council in April of this year. This current contract provides for a bi-weekly pickup. Mr. Carlisle announced that the Council will hold a Study Session on August 11th to take public comment on the new bi-weekly pickup schedule. Mr. Christiansen also clarified that the Solid Waste Committee met and reviewed this contract. Mr. Christiansen moved, seconded by Mr. Carlisle to approve the Contract in accordance with a May 28, 1997 Memorandum from Mr. Jim Pemberton, Director of Public Works. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Carlisle, that the following Consent Agenda items be approved. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. Motion carried. 1302 June 2, 1997 - continued Voucher Approval Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on May 22, 1997 and May 29, 1997 be approved for payment as of this date, June 2, 1997. Council vote was unanimous. Claims Jun, 1997 Warrant Numbers 50203 through 50357 in the total amount of $384,255.20 Draw Pavroll May, 1997 Warrant Numbers 7468 through 7564 in the total amount of $49,454.00 Council adopted Ordinance No. 2429 vacating the West 10 feet of "U" Avenue abutting Lot 1, Block 26, Beale's Maple Grove Addition Council cancelled Claim Warrant # 49962 in the amount of $110.00 Anacortes Arts Festival Mayor Maxwell introduced a street closure application submitted by the Anacortes Arts Festival for the annual festival scheduled for August 2 and 3, 1997. Mr. Jim Pemberton, Director of Public Works, presented a summary of the meetings with staff and the applicant to discuss fire protection issues, location of sanitation containers, etc. The Festival will be located from 10th street north to the waterfront. He also pointed out that associated costs for sanitation service and extra police involvement will be reimbursed by the Arts Festival. Mr. Steve Mansfield, City Attorney, pointed out that this application includes a request to waive the street fair fee and associated bond. Mr. Mansfield pointed out that there is provision for such a waiver in the Ordinance. Councilmembers and members of the audience asked general questions about the booth configuration and use of local food vendors. Ms. Joan Tezak with the Arts Festival addressed some of these issues. Mrs. Robinette pointed out that these concerns would be more appropriately addressed to the Anacortes Arts Festival Board of Directors. Mr. Pemberton concluded by saying that the City's working relationship with the Festival has been positive. With that, Mrs. Robinette, moved, seconded by Mr. Christiansen, to approve the proposed 1997 Festival layout. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Final Plat - Marine Heiahts ((This item is on tape and filed at Citv Hall.) Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce explained that this is the final step in the processing of the Marine Heights Subdivision. Council received copies of the conditions attached to the Marine Heights Preliminary Plat, public works has received and reviewed this list and recommends approval of the plat with a deposit in lieu of bond in the amount of $172,704.00. Planning Commission reviewed this issue and passed the matter on to the City Council. Mr. Munce then highlighted three recent issues that have emerged with regard to this project: (1) Violation of the City's Wetland Ordinance in a wetland area. When this was brought to the applicant's attention penalties were paid and a restoration plan was developed and implemented. (2) Request by Mr. Charles Russell to delete Condition # 28 - deposit to be made by developer to contribute to possible future connection from Marine Drive to Tyler Circle (Mr. Munce explained that this condition can be deleted at any time but that public notice should be associated with that action). (3) logging of the site. In conclusion, Mr. Munce stated that staff recommends approve of the Marine Heights final plat. Mr. Jim Pemberton, Director of Public Works, discussed the associated problems with the Public Works staff review of the logging plans submitted by the contractor. He also said that the 12% grade condition has been met. Mrs. Robinette asked about a drainage course, now gone, that existed before construction. Mr. Pemberton then reviewed conditions with Council including maintenance bonds, vegetative cover, staff review of geotechnical reports, With regard to allowing public testimony on this issue, the Mayor pointed out that approval of final plats is an administrative function not a public hearing. Mr. Carlisle requested that Condition # 28 be deleted and ample testimony about this right-of-way has been submitted during the Transportation Plan hearings to allow for deletion at this time. The City Attorney, Mr. Steve Mansfield, explained that the agenda item before Council is final plat approval and removal of a condition should be handled separately. Mrs. Robinette suggested further review of the Transportation Plan before decision on Condition # 28. The Mayor then said that he would schedule a Meeting of the Whole to discuss this issue. Mrs. Robinette then said that according to the correspondence she has received the applicant has not met plat approval and asked that public comment be allowed. Council discussion followed regarding responsibility for compliance with plat conditions. 1303 June 2, 1997 - continued Public testimony began with Ms. Kathryn Alexandra, 415 Campbell Lake Road, with Evergreen Islands, suggested that the City receive the value of the cut lumber. Mr. Ross O. Barnes, 104 Harbor Lane, discussed violations in Wetland A and presented a handout to Council. Ms. Elsa Gruber, P.O. Box 21, La Conner, representing Skagit Audubon Society, has access to expert resources to help with restoration on this site and she asked who sold timber and amount received. Mr. John Prosser, 2310 25th Street, referring to staff recommendation to approve the plat asked that if delaying approval would cause costly delays to developer. Mr. John Leonard, engineer for the developer, rebutted information Council received regarding wetland encroachment. He then presented detailed report of drainage and wetland restoration and trees damage. Ms. Mary Cherberg, owner of Charger, Inc., and developer of Marine Heights, apologized for the construction/development errors causing encroachment to the wetland, but also mentioned the excellent improvement and utility construction results and highlighted the cooperative working relationship with the City. Mrs. Cynthia Richardson, Planning Commission member, spoke to Condition # 29 and suggested delay of approval until the geotechnial review of those lots is completed first. Mr. Ross O. Barnes further described his field survey of the felled trees and wetland encroachment. He suggested bonding for damage and had other suggestions for restoration including the conditional use process for Wetland A.. Mrs. Robinette concluded that project conditions 7a, 7e, 7g, 9, 14, 42, 43, and 29 have not been met, explained her reasoning and suggested that decision be delayed until Council has a specific list of conditions to be met. She also discussed adding conditions regarding penalties for wetland encroachment, and review by a wetland contractor to decide on necessary restoration. She also discussed satisfaction of condition # 29 and drainage on lots 28, 9, and 11. The City Attorney repeated that the issue before Council is whether or not the final plat substantially complies with the preliminary plat. He spoke to Condition # 29 pointing out that flagging lots that might need special treatment is the best and easiest way for the City to protect itself as well as to protect potential purchasers of those lots. Saying that issues of process and procedure can be addressed at another time, Mr. Brown moved, seconded by Mr. Carlisle, to approve the Marine Heights Final Plat. Mr. Rock and Mr. Sizemore spoke against approval of the motion stating that they had voted against the preliminary plat. Vote: Ayes - Carlisle, Brown. No - Sizemore, Christiansen, Robinette, Rock. Motion failed. The City Attorney then explained that the Council has 30 days to accept or reject the final plat. Council consensus agreed to continue this meeting to June 9, 1997 to conduct at a site visit at 6:30 p.m. and to then return to Chambers for discussion. Council Referral of Proposed Como Plan and Develooment Rea_ulations to the Planning Commission Mr. Ian Munce, Planning Director, asked that further definition of street and drainage standards be referred to the Planning Commission as part of the annual review of Comp Plan and Development Regulation amendments. Mr. Sizemore so moved, seconded by Mr. Christiansen. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Rea_uest for Authorization to Retain Lobbyist Mr. Ian Munce, Planning Director, presented a request to Council for approval of a $500/month expenditure to retain services of Mr. Mike Ryherd. Mr. Ryherd has performed as a lobbyist for the City of Anacortes during the efforts to continue the Anacortes Sidney Ferry run. Mr. Munce reviewed the tasks still outstanding in this regard. Mr. Carlisle discussed committee representation on the Victoria/Sidney Ferry Committee. Mr. Sizemore moved, seconded by Mr. Rock, to authorize this expenditure. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Real Estate Purchase (Information Available at Council Meetingl Mr. Gary Robinson, Director of Parks and Recreation, presented a request to Council for authorization to enter into an Agreement with the Burlington Northern Sante Fe Railway Company to purchase the railroad corridor from 4th Street to the east side of March Point Road. The purchase amount is $81,000. Mr. Robinson detailed the corridor location and discussed options for use of the corridor. Mr. Christiansen complimented staff on efforts to obtain this corridor. After discussion Mr. Sizemore moved, seconded by Mr. Brown to authorize the Mayor to enter into the Agreement. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. At approximately 10:30 p.m. Mayor Maxwell announced that this meeting will be continued to Monday, June 9, 1997 at 6:30 p.m. at Marine Heights to conduct a site visit and to return to Council Chambers to conduct an Executive Session to discuss labor negotiations. 1304 Continued Meeting of June 2, 1997 -- June 9, 1997 The continued Anacortes City Council Meeting was called to order at 6:30 p.m. at Marine Drive and Marine Heights Way (Marine Heights Plat). Council members present were: Carlisle, Sizemore, Brown, Christiansen, Robinette, and Rock. The Council viewed the Marine Heights Plat and received information as to location of particular features of the Plat. The site visit was concluded at approximately 7:45 p.m. and Council members adjourned to the City of Anacortes Council Chambers. Marine Heiahts Final Plat The City Council continued its discussion of the Marine Heights final plat approval. After discussion, it was moved by Mr. Christiansen and seconded by Mr. Carlisle to accept the final plat of Marine Heights and the deposit in lieu of bond as recommended by Planning Director Munce. Mrs. Robinette indicated that she would be voting no on the motion because she wants a trained, expert hydrologist to review the site and make recommendations, she wishes to impose a payment requirement for the loss of trees in the area surrounding Wetland C., and she wishes to amend Note 6 as proposed to give the Building Department the right to require a geotech engineering report on lots other than those set out in Note 6 which have received substantial fill. A discussion followed and references made to the tape recording of the meeting for the text of said discussion. Councilman Rock moved to amend the motion on the floor to require the developer to pay to the City an amount equal to the net profit from removal of trees, in the area surrounding Wetland C, which are within the land to be deeded to the City. Motion was seconded by Robinette. Vote: Carlisle, no. Sizemore, no. Brown, no. Christiansen, yes. Robinette, yes. Rock, yes. The vote having resulted in a three to three tie, Mayor Maxwell cast a yes vote and motion carried. Vote on main motion as amended: Sizemore, no. Brown, yes. Christiansen, yes. Robinette, no. Rock, yes. Carlisle, yes. Executive Session Council then adjourned into executive session for purposes of discussing labor negotiations. The session took approximately 30 minutes and the continued meeting was adjourned a the conclusion of the executive session. G e Kht6ian, City erk-Treasurer H. Dean Maxwell, Mayor /V/Z�t Omemb46" 1305 June 16, 1997 Mayor Maxwell called the regularly scheduled meeting of June 16, 1997 to order at 7:30 p.m. The Pledge of Allegiance followed. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Minutes of Previous Meetina_ Mrs. Robinette asked that the minutes of June 2, 1997 show that Ms. Judy Noah was notified of the appeal date (Aooeal to Citv Council/Ordinance #2405/Ms. Judy Noah, page 1) and that the minutes of June 9, 1997 be corrected to read "Note" 6 rather than "Condition" 6 (Marine Heights Final Plat Approval). With those corrections made, Mr. Carlisle moved, seconded by Mr. Rock that the minutes of June 2, 1997 and June 9, 1997 be approved. Vote: Ayes - 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 the meeting of June 16th will be continued to Monday, June 23, 1997 at 7:00 p.m. to conduct an Executive Session to discuss labor negotiations. The regularly scheduled Study Session to review the Capital Facilities Plan will then follow the Executive Session. Consideration Bids Waterline Replacement Proiect Mr. Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner explained that on June 11, 1997 bids were opened for the 1997 Small Diameter Waterline Projects. Referencing a June 9, 1997 memorandum from David Lervik, Staff Engineer Mr. Bruchner explained that the low bid was received from Roetman Construction in the amount of $160,106.72. Mr. Bruchner said that he has contacted Roetman Construction references with positive results on all calls. Council discussed budget options for construction costs. At the conclusion of the discussion Mr. Carlisle moved, seconded by Mr. Brown, to award the 1997 Small Diameter Waterline Projects to Roetman Construction in the amount of $160,106.72. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Consideration of Bids for 1997 Street Proiects Mr. Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner discussed the two bids received for the 1997 street overlay/chipseal projects. The low bid was received from Lakeside Industries in the amount of $301,272.00. Mr. Bruchner highlighted that the specifications clearly provide for the City to put a representative from Materials Testing at the location where trucks are being loaded. Mr. Christiansen moved, seconded by Mrs. Robinette to award the bid to Lakeside Industries in the amount of $301,272.00. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Carlisle, that the following Consent Agenda items be approved. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. 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 June 5, 1997 and June 12, 1997 be approved for payment as of this date, June 16, 1997. Council vote was unanimous. Claims Jun, 1997 Warrant Numbers 50362 through 50508 in the total amount of $402,033.96 Prewritten Claims May, 1997 Warrant Numbers 50061-50062, 50201 in the total amount of $6,775.00 Payroll May, 1997 Warrant Numbers 7565 through 7752 in the total amount of $294,604.81 Council declared various items as surplus. All items are referenced in a June 6, 1997 memorandum from Police Chief Mike King. Mayor Maxwell explained that this surplus sale will be conducted with an auctioneer, will be duly advertised, will be held on July 19, 1997, and a complete list of available items will be made available to the public. June 16, 1997 - continued Closed Record Meetina_ - Cove on Fidala_o Bav_ Condominiums/Conditional Use Permit Annlication Mayor Maxwell announced that this matter has been continued to Monday, July 7, 1997. Aooeal to Citv Council/Ordinance # 2405/Ms. Judv Noah The Council and Mayor then addressed an appeal filed with the City Council. Referencing City Ordinance #2405 this appeal asks for relief from base utility charges for service at 2515 Commercial Avenue. (The appellant, Ms. July Noah was not present.) The Mayor began the discussion by directing Council's attention to the Mayor's May 7th memorandum on this matter and to the two letters to the Council from Ms. Noah. Council then discussed Ordinance # 2405 language, specifically the Ordinance title which makes reference to residential utility base charges. Council also pointed out that in Section 1 of the Ordinance reference is made to base charges for non -residence utility accounts including commercial and industrial customers. The City Attorney, Mr. Steve Mansfield, interpreted Section 1 of the Ordinance to read that the base charges apply to commercial accounts as well. When applying rules of interpretation the substance of an Ordinance is more significant than the title. Mr. Mansfield concluded by saying that if Council chooses to relieve Mrs. Noah of her obligation Council will also need to direct staff on clarifying language so that a revised Ordinance can be brought back to Council. With that Mr. Carlisle moved to approve the request from Mrs. Noah to be excused from base utility charges at 2515 Commercial, that a revised Ordinance be prepared clarifying that all utility customers are affected by the rate structure, and that base utility charges at 2515 Commercial be reinstated immediately. Motion died for a lack of a second. Referencing Section 1 of Ordinance # 2405, Mr. Christiansen then moved, seconded by Mr. Rock, to deny Ms. Noah's appeal and that a revised Ordinance be brought back to Council clarifying that all utility customers are affected by the rate structure. Vote: Ayes - Rock, Sizemore, Christiansen. No - Carlisle, Brown, Robinette. Breaking the tie, the Mayor cast a yes vote. Motion carried. Samolina Protocol: Petroleum Coke Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce began his summary by suggesting that public comments, if any, be allowed at the end of his presentation. He explained that the proposed Sampling Protocol packet was mailed to the full Community/Industry Advisory Committee. Mr. Munce then reviewed the City's agreement with Texaco and action items completed to date. The petroleum coke sampling protocol aspect of the agreement is now before Council for approval. The protocol structures and formalizes the testing for potential nuisance and health affects of the transport of the coke from Texaco through the City of Anacortes. Comments were invited from the advisory committee and informal remarks were received. Mr. Dan Bolster, owner of Boomer's Landing, said that his business is negatively affected by the loading and unloading of coke adjacent to his restaurant. Mr. Munce pointed out that the under the agreement the Northwest Air Pollution Authority is identified as the responsible agency for air quality/dust issues relating to the loading of ships and barges. Mr. Christiansen discussed testing with regard to prevailing wind. Mr. Sizemore moved, seconded by Mr. Rock, to adopt the "Sampling Protocol for Community/Industry Advisory Committee". Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Reauest for Quit Claim Deed (Vicinity of Laconner-Whitnev Road) Mr. Jim Pemberton, Director of Public Works, presented this item to Council. He explained that the owners of the Texaco Gas Station/Mini Mart at the intersection of SR20 and LaConner/Whitney Road have requested that the City abandon an easement that was granted in 1930 for the construction of a 24" waterline that crossed a portion of the subject property. The waterline has been out of service for approximately 20 years and has been abandoned. Mr. Pemberton suggested that a Quit Claim Deed be executed for the entire length of the easement that crosses private property. On a question from Mr. Sizemore, the City Attorney reported that the easement has no value, and he does not anticipate any legal issues related to abandoning the easement. With that, Mr. Brown moved, seconded by Mr. Sizemore to execute a Quit Claim Deed to abandon the 24" waterline easement as described in the June 5, 1997 memorandum from Mr. David Lervik, Staff Engineer. Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Street Fair Anolications Mr. Jim Pemberton, Director of Public Works, presented two street fair applications for community repeat events, the 4th of July, and the Eagles Salmon Bar-B-Que on August 15th through the 17th. Mr. Brown moved, seconded by Mr. Rock to approve the street fair applications as presented and conditioned. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. 1307 June 16, 1997 - continued Secondary Clarifier Coatina Project Mr. Jim Pemberton, Director of Public Works, presented a request from the Wastewater Treatment Plant to proceed with a maintenance project to coat the effluent launder with glass impregnated epoxy. HRIC, Bellingham provided a price quote of $28,500 plus tax to perform the work. Mr. Carlisle moved, seconded by Mr. Sizemore to approve the clarifier coating project as presented. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Executive Session (15 Minutes) Discussion: Candidates for Citv Council Seat Ward # 1 At approximately 8:40 p.m. the Council convened in Executive Section to discuss the candidates for the Ward # 1 Council seat. At approximately 9:00 p.m. the Council reconvened. ADoroval: Citv Council Ward # 1 Reo_ lacement Mr. Carlisle thanked all the applicants for this Council position and said that each person was given careful consideration. With that, Mr. Carlisle moved, seconded by Mr. Sizemore to nominate Mr. Nick J. Petrish as the replacement for the Ward # 1 Council position. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. At approximately 9:05 p.m. Mayor Maxwell continued this meeting to June 23, 1997 at 7:00 p.m. in order to administer the Oath of Office and to conduct an Executive Session to discuss labor negotiations. Continued Meeting of June 16, 1997 -- June 23, 1997 Mayor Maxwell called the continued June 16, 1997 City Council meeting to order at 7:00 p.m. Mr. George Khtaian, City Clerk, stepped forward to administer the Oath of Office to Mr. Nick J. Petrish, Councilmember for Ward #1. Mr. Petrish then signed the Oath of Office document. The Council then convened in Executive Session to discuss labor negotiations. At the conclusion of the Executive Session, the Council reconvened in the Council Chambers. Without discussion or action being taken on the Firefighters' labor contract, the continued meeting of July 16, 1997 was adjourned. G rge ' aian), City Clerk -Treasurer H. Dean Maxwell, ayor Councilmember July 7, 1997 At 7:30 p.m. Mayor Maxwell called the July 7, 1997 City Council meeting to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen. Absent: Jeanne Robinette, Bud Rock. The flag salute followed Roll Call. Minutes of Previous Meetina Mr. Carlisle moved, seconded by Mr. Brown, that the minutes of June 16, 1997 be approved as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Carlisle. Motion carried. Citizen Hearinas Beverly Ann Benedict, 2414 16th St., asked that the Council meeting agendas provide more information. Ms. Benedict suggested that the City review the agenda format used for Island County meetings. She then submitted a copy of an Island County agenda. Ms. Barbara Rudge asked if public comment would be allowed on Council agenda item # 7 i, Enforcement Aareement with Friends of Skaait Countv. Mayor Maxwell said that Meeting Procedures allow for the Council to determine if public comment is appropriate when the specific agenda item comes up for consideration. Mavor/Council Communications Mayor Maxwell reviewed the incidents of structure fires, citizen complaints, and injuries that occurred during the 4th of July holiday. Mr. Carlisle asked that that Mayor place review of the City's Fireworks Ordinance on the first available Study Session agenda. Bid: Water Treatment Plant Solids Laaoon Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Ed Capasso, Manager, Water Treatment Plant was also available to address Council questions/concerns. Mr. Pemberton referred to a June 26, 1997 Memorandum from Mr. Capasso detailing the bids received for the WTP Solids Handling construction project. Low bid was received from Sheldrup Construction in the amount of $832,982.00. Additionally, a recommendation was made by Mr. Capasso for an alternate bid item of $45,000 for fencing bringing the total amount of the bid to $879,954.60 including tax. Mr. Carlisle moved, seconded by Mr. Sizemore, to award the bid to Sheldrup Construction for the Water Treatment Solids Handling Project and fence in the amount of $879,954.60. Mr. Christiansen said that he had not been given enough time to study this information. Staff then further summarized the bid process for Mr. Christiansen. Vote: Ayes - Sizemore, Brown, Carlisle, Petrish. No - Christiansen. Motion carried. Completion of Telemetry Improvements: WWTP Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Pemberton referred to a July 3, 1997 memorandum from Mr. John Franz, Manager of the Wastewater Treatment Plant. The memo explained that the electrical installation and telemetry system improvement project, awarded in 1996 to Seven Sisters, Inc., is now complete. Staff recommends that Council accept this project as complete thereby initiating the 30 -day lien period. If no liens are filed the retainage now held by the City will be released to the contractor. Mr. Christiansen so moved, seconded by Mr. Brown. Vote: Ayes - Brown, Christiansen, Carlisle, Petrish, Sizemore. Motion carried. Consent Aaenda Mr. Carlisle requested that Item # 6 c, Pavroll Warrants Cancellation, be removed from the Consent Agenda. Mr. Christiansen moved, seconded by Mr. Sizemore, that the following Consent Agenda items be approved. Vote: Ayes - Christiansen, Carlisle, Petrish, Sizemore, Brown. 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 June 26, 1997 and July 3, 1997 be approved for payment as of this date, July 7, 1997. Council vote was unanimous. Claims Jul, 1997 Warrant Numbers 50515 through 50725 in the total amount of $584,788.54 Payroll Jun, 1997 Warrant Numbers 7847 through 8043 in the total amount of $408,037.05 Draw Pavroll Jun, 1997 Warrant Numbers 7753 through 7846 in the total amount of $48,129.00 Council cancelled claims warrant #50475 in the amount of $13,046.96 and claims warrant #50469 in the amount of $88.96 1309 July 7, 1997 - continued Pavroll Warrants Cancellation Mr. Carlisle moved to cancel Payroll Warrants 2027 and 2444 in the total amount of $12.00 and that the Finance Department contact this employee about use of the City's direct deposit program. Mr. Sizemore seconded the motion. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Closed Record Meetina_ - Cove on Fidala_o Bav Condominiums/Conditional Use Permit Aoolication Mayor Maxwell introduced Mr. Ian Munce, Planning Director. Mr. Munce first presented procedural comments regarding open record/closed record deliberation. He then presented an overhead showing the location of the Cove on Fidalgo Bay project to construct condominiums in the Light Manufacturing zone. The Planning Commission heard public testimony on two separate evenings and also conducted a site visit. The Planning Commission recommends to Council that this is not an appropriate site for industrial use and that the condominium units be allowed in this location. The Planning Commission also recommends that the Conditional Use Permit be issued subject to 26 conditions. No appeal has been filed. Mr. Munce displayed a second overhead highlighting the access from Fidalgo Bay Road, downward slope of the property, the shoreline, improvements to riprap, and the Burlington Northern (BN) right-of-way. The applicant agrees that he will quit claim any rights he may have to the BN right-of-way. This 75 ft right-of-way will provide for emergency access, right-of-way for railroad track, and path. The applicant will also deed a piece of property to add to the public access path. The condominium private use area will not be fenced. The Planning Commission also recommends that the condo owners be notified that the BN easement is potentially active. The notice will be through the use of a Railroad Easement along the lines of the avigation easement currently used by the City. Councilmembers then discussed the language of the railroad easement. Council will draft a notice -type easement. Mr. Petrish questioned the soils testing for the parking garage, potential run-off from Highway 20, and lack of public access to tidelands. He further asked for clarification on definition of Phase I environmental assessment. Mr. Munce explained that detailed geotechnical work will be done to meet structural codes in the next phase of development. Mr. Carlisle discussed the issue of condominiums in close proximity to light manufacturing uses. Mr. Munce pointed out the general slope of the site and explained that at this site there is no realistic water access. The neighboring property owners have favorably discussed non -industrial uses in this vicinity. Mr. Christiansen then reviewed specific requirements for issuing a Conditional Use Permit and had questions regarding traffic, sufficient guest parking, use of the BN right-of-way and turn around, sanitation pickup, sewer and water hook-ups, latecomers agreements, proximity of project to rock -slide area, and project square foot allocation for monitors. Mr. Christiansen suggested a site visit and Mr. Munce suggested that the applicant bring the project model to the next meeting. Mr. Sizemore moved, seconded by Mr. Brown, that that Council convene at Fidalgo Bay Road at 6:30 p.m. on Monday, July 21, 1997 in order to conduct a Cove on Fidalgo Bay site visit. Public Hearina - Canital Facilities Plan Mayor Maxwell opened the Public Hearing on the Capital Facilities Plan (CFP). The Mayor then explained that the CFP is used as a long-term planning document. Mr. Dan O'Donnell, P.O.. Box 532, La Conner, referred to a memo he delivered to Council. He suggested that the City has not allocated enough funds to fully provide for services outlined in the CFP. He referred to areas proposed to be annexed. He then discussed sales tax revenues. Mrs. Margaret Yeoman, 1620 11th St., referring to the March Point annexation, questioned reporting hookup fees as revenue when those fees may be waived. There were no further comments from the audience and the Mayor declared the Public Hearing closed. Mr. Ian Munce, Planning Director, responded to figures presented by Mr. O'Donnell by saying that detailed financial estimates are broad based and take in both sales and property tax. Cost of capital equipment for the proposed station at South March Point will be accommodated. Specific Council discussion on this issue has centered around equipment lease costs; lease costs and are not addressed in the CFP. With regard to hook-up fees, homeowners do not want to hook up to sewer if they have a functioning sewer system. After discussion, Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2430, entitled "An Ordinance Adopting the Capital Facilities Plan (CFP) for the 6 -Year Period 1998-2003". Mr. Christiansen then presented a memo to Council outlining his suggested modifications to the CFP. He then discussed each change and referred to the following items: T-119, TE -202, P- 007, P-023, C-017, PS -003, GG -103, W-106, S-012, and SD -007. Modifications included changing project priorities, one overall project for the 24" waterline replacement, deleting reference to 2% funding for the Preston berth, and study of affect of installation of ditches on south side of Oakes Avenue. Both Mr. Carlisle and Mr. Sizemore agreed that their motion and July 7, 1997 - continued second shall include the modifications presented by Mr. Christiansen. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Carlisle. Motion carried. Street Fair Reauests Mr. Jim Pemberton, Director of Public Works, presented two street fair requests for Council approval. (1) Oyster Run, September 28, 1997 from 12:00 noon to 5:00 p.m., closure of Commercial from 7:00 a.m. to 7:00 p.m. from 2nd Street to 9th Street including side streets from O Avenue to "Q" Avenue. Provisions will be made for security, solid waste and portable restrooms. Staff recommends approval. (2) Shipwreck Days, July 19, 1997 from 6:00 a.m. to 6:00 p.m., closure of Commercial from 4th Street to 10th Street. Staff recommends approval. During discussion Mr. Carlisle suggested that streets be cleared of all cars during parades. Mr. Christiansen and Mr. Sizemore expressed concern for crowd safety during Oyster Run demonstrations. Mr. Mike King, Police Chief, responded to these concerns. Mr. Brown moved, seconded by Mr. Sizemore, to approve the applications as submitted. Vote: Ayes - Sizemore, Brown, Christiansen, Carlisle, Petrish. Motion carried. Washinaton Park Lower Parkina Lot Modifications Mr. Gary Robinson, Director of Parks and Recreation, presented this item to Council. Mr. Robinson explained that, in response to citizen concerns, the Park Board has extensively reviewed the lower parking lot at Washington Park. As a result of this review and in response to the community suggestions, The Park Board and staff recommend revisions to the parking lot and other maintenance and repair projects as submitted in a July 1, 1997 memorandum from Mr. Robinson to the City Council. Quotes for the improvements were sought from local companies and one quote was received from Lakeside Industries in the amount of $17,221.05. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to proceed with Lakeside Industries for the Washington Park improvements as presented in the total amount of $17,221.05. Vote: Ayes - Brown, Christiansen, Carlisle, Petrish, Sizemore. Motion carried. Proposed Street Local Improvement Districts Mr. Dave Lervik, Staff Engineer, presented this item to Council. Referring to his July 3, 1997 memo to Council, Mr. Lervik explained that the City has offered residents along several of the City's graveled streets the opportunity to pave the streets via the LID process. The projects include portions of 13th Street, "B" Avenue, 16th Street, 17th Street, "J" Avenue, and Morton Avenue. Mr. Lervik answered questions from Council on specific street conditions. Mr. Sizemore then moved, seconded by Mr. Christiansen, to adopt Resolution No. 1449, a Resolution of Intent setting August 4, 1997 at 7:30 p.m. as the Public Hearing date on the referenced street paving projects. Vote: Ayes - Christiansen, Carlisle, Petrish, Sizemore, Brown. Motion carried. Sneed Limit Reduction. Ferry Terminal Road Mr. Dave Lervik, Staff Engineer, presented this item to Council. He explained that the City has received a request from the Washington State Department of Transportation to reduce the speed limit on Ferry Terminal Road from 40 m.p.h. to 30 m.p.h. Mr. Carlisle requested that the Department of Transportation take responsibility for the costs involved in this change. With that, Mr. Carlisle moved, seconded by Mr. Brown, to adopt Ordinance No. 2431 entitled "An Ordinance Setting a Speed Limit of 30 Miles Per Hour on Ferry Terminal Road". Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Ordinance: Parkina Restriction. Kinaswav Mr. Dave Lervik, Staff Engineer, presented this item to Council. By way of background, Mr. Lervik explained that on several occasions this matter has been before both staff and the Traffic Safety Committee. Specifically, recreation vehicles, boats, trailers, etc., are parked along Kingsway and left for long periods of time while the vehicle owners visit the islands. In response to these neighborhood concerns an Ordinance has been prepared that would restrict parking along Kingsway. Mr. Carlisle suggested that the Ordinance title be modified to read "An Ordinance Establishing Restrictions on Parking along the North and South Sides of Kingsway from Cay Way to Skyline Way", and that Section 1. be amended to read: "No person shall stop, stand, or park any vehicle along the north...". The Mayor introduced a letter from a Decatur Island resident asking Council not to impose these restrictions. Discussion followed regarding overall parking problems in the Skyline area. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, that Ordinance No. 2432 be adopted as amended. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Carlisle. Motion carried. Enforcement Agreement with Friends of Skagit Countv Mr. Ian Munce, Planning Director, urged Council to allow comments from Mrs. Barbara Rudge and to reserve time for his response. This recent communication with Friends of Skagit County centers around an ongoing issue with Skagit County regarding zoning. A brief filed by Friends of Skagit County makes a statement that concerns a number of property owners that have been 1311 July 7, 1997 - continued working with the City for over three years. That statement is that over 3 times the commercial/industrial acreage necessary to accommodate the allocated commercial/industrial growth has been allocated to the City's UGA. However, in 1995, the City of Anacortes and the Friends of Skagit County entered into an agreement which states, in part, "Petitioners intend to support future proposals to include the March Point area within the City's final UGA. provided it is consistent with the boundaries of the interim UGA as described and modified therein". Mr. Munce concluded his remarks and Council agreed to accept comments from Friends of Skagit County. Mrs. Barbara Rudge, 1471 Rosario Road, President of Friends of Skagit County, distributed a letter to Council and the media explaining Friend's position on this matter. Mrs. Rudge said that Friends is a citizens group endeavoring to participate in the public process. Friends interprets agreement language to allow for further investigation of the size of the UGA because no land capacity analysis had been completed in 1995. Ms. Rudge urged Council to reject the proposal to file a law suit against Friends. In response, Mr. Munce pointed out that there was no caveat in the 1995 Agreement with regard to acreage but that the language refers to boundaries only. This recent action by Friends represents a change of position and breach of the existing agreement. Mr. Gene Derig, 1302 K Avenue, spoke against taking action against Friends. Ms. Lois Elber, 3813 W. 3rd, urged protection of citizens groups from these types of law suits. Council discussed the terms of the agreement and resources expended. At the conclusion of the discussion Mr. Sizemore moved, seconded by Mr. Carlisle to direct staff to pursue enforcement of the agreement with Friends of Skagit County. Vote: Ayes - Sizemore, Brown, Christiansen, Carlisle, Abstain: Petrish. Motion carried. Ordinance: Sanitation Arranaement: South March Point Annexation Area. Mr. Ian Munce, Planning Director, presented this Ordinance to Council. A recurring issue with regard to the March Point annexation proposal, is that the City Ordinance requires mandatory assessment of garbage charges. However, State law requires cities to allow an existing franchise (Rural Sanitation) to continue to collect garbage for the next 7 years after annexation. The request before Council is to amend the City's applicable Ordinance to except the South Margh Point annexation area for a period of seven years. With a minor language change, Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2433 entitled "Amending Chapter 8.04 of the Anacortes Municipal Code Relative to Garbage Collection in the South March Point Annexation Area". Vote: Ayes - Sizemore, Brown, Christiansen, Carlisle, Petrish. Motion carried. At approximately 10:15 p.m. Mayor Maxwell continued this meeting to July 21, 1997 at 6:30 p.m. At that time Council will convene at Fidalgo Bay Road to conduct a site visit in conjunction with the Cove on Fidalgo Bay Conditional Use Application. 1312 Continued Meeting of July 7, 1997 -- July 21, 1997 The continued meeting of July 7, 1997 convened at Fidalgo Bay Road and Weaverling Spit to conduct a site visit for the purpose of reviewing the location of the proposed Cove on Fidalgo Bay condominium project. Present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Absent: Mayor Dean Maxwell. Mayor Pro -Tem Bud Rock called the meeting to order at 6:30 p.m. The Councilmembers and public then walked much of the project site noting, in particular, the location of property corners, the Burlington Northern railroad corridor, and the shoreline. No testimony was taken. The meeting adjourned at approximately 6:50 p.m. July 21, 1997 Mayor Pro -Tem Bud Rock called the meeting to order at 7:30 p.m. Roll call found present: Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Absent: Mayor Dean Maxwell. Minutes of Previous Meetina The Minutes of the June 23, 1997 continued meeting and the July 7, 1997 meeting were approved on a motion by Mr. Carlisle, seconded by Mr. Brown. Vote: Ayes - Rock, Petrish, Christiansen, Sizemore, Brown, and Carlisle. Abstain: Jeanne Robinette. Motion carried. Citizen Hearinas Ms. Priscilla Choate, 4th of July Co -Chairperson for the Anacortes Women of Today Community Service Club, gave a brief review of concerns relative to the recent 4th of July celebration and suggestions for next year's celebration. Ms. Choate expressed concern that parking on the parade route was a safety issue as was cross traffic. She recommended that no cars be allowed on the parade route from 9 a.m. to 1 p.m. with her club posting the appropriate signs. Further, Ms. Choate recommended that the side streets be barricaded from 11 a.m. to 1 p.m. with the City providing the barricades. Finally, Ms. Choate pledged that her club would provide even more information and organization for next year's event. Ms. Margaret Yeoman highlighted the recent growth in demand for cellular towers, the overlap between federal and local regulations, and the need to upgrade current City ordinances in this regard. Ms. Yeoman asked the City Council to impose a moratorium on new cell towers until new zoning language and controls can be adopted and implemented. The Council agreed to further consider this proposal at the next available Study Session. Mr. Malcolm Lorente asked the following questions: (1) When will there be a further review of the Washington Park loop closure hours as to whether the benefit exceeds the impact of those who are excluded? (2) When will Anacopper Mine Road be repaired? (3) When will 12th and Oakes repaving be completed? (4) When will there be new design standards for detention ponds available for public review and discussion? As to Mr. Lorente's third question, Mr. Carlisle responded that the work had been delayed due to adverse weather and should be completed in the near future. As to the fourth item, the Council agreed that this should be referred to a Study Session for further action. Finally, Mr. Jean LaRue asked that the Council consider that an outright ban of fireworks within the City limits may well have unintended consequences. Ms. LaRue asked that this issue receive further study before any action is taken. There was no Mayor/Council Communication. Conditional Use Aoolication -- Cove on Fidalao Bav The Council continued their deliberations on a Conditional Use Application for the Cove on Fidalgo Bay condominium project. This project was being considered by the Council based on the record developed by the Planning Commission; no appeals had been filed relative to the Planning Commission's recommendation for approval subject to conditions. Mr. Sizemore disclosed that one of the owners of the property involved was a friend of his who handled his commercial insurance. However, Mr. Sizemore added that he felt he could consider this proposal with an open mind. Nevertheless, Mr. Sizemore stated that if there was objection to 13.3 July 21, 1997 - continued his sitting on this matter under the appearance of fairness doctrine, he would step down. There was no such objection and Mr. Sizemore remained on the Council for this decision. Ms. Robinette informed those present that she had not attended the July 7 discussion of this matter. However, she had reviewed all of the materials forwarded from the Planning Commission together with the minutes of the July 7 meeting. Ms. Robinette stated that, based on the advise of the Assistant City Attorney, she could properly participate in consideration of this project. The Planning Director, Mr. Ian Munce, reviewed the hearing conducted by the Planning Commission and highlighted some of the more project -specific conditions. As an aside, Councilmembers expressed concern about proposed railroad easement given the extremely detailed and restrictive language currently being used for avigation easements. Mr. Munce stated that the avigation easement language would be brought to the Council at their next Study Session and that he envisioned a much simpler easement being used to notify property owners in the Cove at Fidalgo Bay project that they were locating adjacent to a right-of-way that will be used by pedestrians and may be used by railroad traffic again. Mr. Terry Christiansen questioned whether or not Fidalgo Bay Road could handle the project traffic without reducing the level of service on this road. Mr. Munce, City Planning Director, responded that the projected impacts on this road from long-term development had been assessed in the Cit Transportation Studv. 1996. Mr. Jim Pemberton, Director of Public Works, stated that the record showed that the project would generate an additional 15-16 peak hour trips and that this number of trips would have a low impact on the existing level of service (Level of Service A). Mr. Christiansen then pointed out that the proposed purchase by the City of the BN right-of-way that runs through the project property has not closed and that the Council has not had an opportunity to study how this right-of-way should be managed relative to both community needs and those of adjacent property owners. Mr. Munce responded that the applicant began his application before there was any thought that the City might be able to acquire the BN right-of- way over the short term. Finally, Mr. Christiansen raised the question as to how water and sewer hookups would be accomplished. Mr. Munce responded that hookup to the City sewer and water system was central to the project conditions and that the practical issues as to how this was to be accomplished did not, in his opinion, need to be resolved at the conditional use permit stage. Mr. Munce added that if this project was approved, the applicant would need to make the necessary arrangements with adjacent property owners for connection to be made to full City standards. Ms. Robinette inquired as the amount of traffic impact fee that would be payable on this project. Mr. Pemberton responded that the traffic impact fee would approximate $6,000. Mr. Brown then moved that this project be approved subject to the twenty-six conditions recommended by the Planning Commission. Mr. Sizemore seconded this motion. Under discussion, Mr. Christiansen added that despite his concerns about individual items that needed additional attention by City staff he considered that this was a good project for the site. Vote: Ayes - Petrish, Robinette, Christiansen, Sizemore, Brown, Carlisle, and Rock. Motion carried. Consent Decree (Waste Action v. Citv of Anacortesl Mr. Jim Pemberton reviewed April 7, 1997 and July 15, 1997 memoranda from the City Attorney to the Mayor and City Council together with a proposed Consent Decree. Mr. Pemberton stated that Waste Action had sued the City of Anacortes to compel installation of additional treatment for discharge waters at the Anacortes Water Treatment Plant on the Skagit River. Mr. Pemberton described how the Mayor and Council had responded to this by designing and then awarding a contract for effluent treatment. Mr. Pemberton added that the City was now at the point of wanting to close out this item with Waste Action. Specifically, Waste Action was requesting attorneys fees in the amount of $10,000, payment of a penalty to the federal government in the amount of $2,500, and restoration projects in the amount of $97,500 as follows: improvements at the Shannon Point Marine Center, Nookachamps Creek repair and restoration, North Cascades Institute for the Skagit River Stewards Program, and the Lower Skagit Citizen Volunteer Water Quality Monitoring Program. It was noted that on page two of the proposed Consent Decree, in Item III(3), the date should be November 1, 1997 and not October 1, 1997. Mr. Christiansen stated that the Council was being forced to address one more unfunded federal mandate. Additionally, he objected to the fact that none of the mitigation work proposed would be done below the point of effluent discharge and, accordingly, bore no direct relationship to impact caused by water plant operation. However, given the situation the City finds itself in, Mr. Christiansen moved that the City accept and approve the Consent Decree presented to the Council. The motion was seconded by Mr. Brown. Under discussion, Mr. 1 July 21, 1997 - continued Carlisle described how the lack of identifiable impacts from plant operation had resulted in this federal Clean Water Act mandate being deferred for decades. Mr. Carlisle added that the water treatment items being added by the City would not improve the quality of City drinking water or make the Skagit River any cleaner. However, it would cost every person in Anacortes approximately $80. Ms. Robinette did note, thought, that this project had been carefully designed to minimize costs to the City. Vote: Ayes - Robinette, Christiansen, Sizemore, Brown, Carlisle, Rock, and Petrish. Motion carried. Professional Services Contract: 24" Waterline Replacement Design Mr. Gordon Bruchner, City Engineer, reviewed a July 16, 1997 memorandum to Mayor and City Council attaching a revised agreement for professional services relative to the 24" waterline replacement project and noted that services related to right-of-way acquisition were included. Specifically, Mr. Bruchner pointed out that the work addresses approximately two miles of pipeline between the Farmhouse and the Swinomish Channel. Under discussion, the Council agreed that the upcoming water rates contract with the major wholesale customers should include a settlement clause, or equivalent, relative to this project. The Council then went on to further discuss the details of the engineering contract. Mr. Christiansen moved that the Council approve this agreement for engineering services as presented. The motion was seconded by Mr. Brown. Vote: Ayes - Christiansen, Sizemore, Brown, Carlisle, Rock, Petrish, and Robinette. Motion carried. Consent Aaenda The following items were approved: the addition items to the upcoming surplus sale, Resolution No. 1450 (A Resolution of Intent to Form Street LIDs), and the following vouchers. Voucher Approval: The following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on July 10, 1997 and July 17, 1997 be approved for payment as of this date, July 21, 1997. Claims Warrants -July, 1997: Warrant Numbers 50731-50923 in the amount of $250,309.17. Prewritten Claims -June, 1997: Warrant Number 50202, 50358-50361, 50509-50514 in the amount of 118,875.63. Draw Payroll -July, 1997: Warrant Numbers 8044-8136 in the amount of $47,552.22. This action was taken on a motion by Mr. Sizemore, seconded by Mr. Carlisle, and passed unanimously. Public Hearina -- Six -Year Transportation Improvement Proaram The Mayor Pro -Tem opened a public hearing on this item. Mr. David Lervik, Staff Engineer, reviewed the details of the proposed update. Mr. Petrish questioned the need for the proposed left turn lane at 12th and "F", expressing concern that this would funnel more traffic through a residential neighborhood. There was no public testimony. The public hearing was closed. Mr. Rock added that this was a relative routine update to the Transportation Improvement Program that the City was required to have on file as a prerequisite for grant funding. Mr. Carlisle moved that the Council adopt Resolution No. 1451 accepting the Transportation Improvement Program as presented with the following correction: the reference to a traffic signal on Commercial should be to a proposed signal at 17th and Commercial, not to 15th and Commercial. The motion was seconded by Mr. Sizemore. Vote: Ayes - Sizemore, Brown, Carlisle, Rock, Petrish, Robinette, and Christiansen. Motion carried. Easement Reauest -- 6th Street & "H" Avenue The Council then reviewed a request from Mr. Don Coughlin for a temporary easement in the vicinity of 6th Street & "H" Avenue. Mr. Munce stated that he had talked to Mr. Coughlin in terms of a temporary easement lasting for three years. Mr. Gary Robinson, Parks Director, pointed out that the drawing submitted by Mr. Coughlin shows the use of "H" Avenue right-of- way and not the use of Park property. Mr. Coughlin clarified his request by explaining that the 50 -foot easement would run east -west from the subject property, north of 6th Street, so that there would be a 50 -foot access from 6th Street. Mr. Coughlin agreed that "H" Avenue had been platted north of the railroad right-of-way that was currently owned by Samsung. Ms. Robinette moved that this item be continued until the following documentation is available: a to scale drawing showing the precise location of the proposed easement relative to the existing rights-of-way, detailed information as to the status of the property owned by Samsung and shown on the map as former railroad right-of-way, details as to the location of the power lines 1315 July 21, 1997 - continued and power line easements, and information relative to the development potential of the subject property under City Zoning and Shoreline ordinances. Mr. Christiansen seconded this motion with the stipulation that this item be available for decision next Monday night. Ms. Robinette agreed to include this in her motion provided that the information that she was requesting was available. Vote: Ayes - Rock, Petrish, Robinette, Christiansen, and Brown. No - Sizemore and Carlisle. Fidalao Bay Plan Demonstration Proiect The Planning Director supplemented his July 15, 1997 memorandum on this subject with a revised project budget. Mr. Munce described the opportunities for an eelgrass restoration and mitigation plan in Fidalgo Bay that would be conducted as a cooperative program with federal and state resource agencies and undertaken as a demonstration project. After discussion, Mr. Sizemore moved that the City Council authorize the Mayor to enter into contracts to move this project forward up to a maximum of $20,000. The motion was seconded by Mr. Carlisle. Vote: Ayes - Rock, Petrish, Robinette, Christiansen, Brown, Sizemore, and Carlisle. Motion carried. Phase II Environmental Assessment/City Industrial Park The Planning Director introduced a July 15, 1997 memorandum on this issue. Mr. Munce added that this was work that was necessary for further development of property in the City Industrial Park and asked for approval to move forward with it this year. After discussion, Mr. Christiansen moved that the Council authorize the expenditure of $8,000 for this purpose. The motion was seconded by Mr. Sizemore. Vote: Ayes - Petrish, Robinette, Christiansen, Brown, Sizemore, Carlisle, and Rock. Motion carried. The Council then adjourned into Executive Session for approximately to discuss a personnel issue. The Council came out of Executive Session, took no further action, and continued this meeting until 7:30 p.m. on July 28, 1997 at the Municipal Building Council Chambers for the specific purpose of addressing Mr. Coughlin's easement request. Continued Meeting of July 21, 1997 -- July 28, 1997 Mayor Maxwell opened the continued City Council Meeting of July 21, 1997. Roll call found present: Nick Petrish, Jeanne Robinette, Terry Christiansen, Ken Brown, and Bill Carlisle. Absent: Bud Rock and Ray Sizemore. There was only one issue to address, namely a request for an access easement from 6th Street. The Council reviewed a written submission from Mr. Don Coughlin that described in detail the proposal and supplied the information requested by the Council at their July 14 meeting. Mr. Coughlin identified himself as a real estage agent representing the seller and a potential purchaser. Mr. Coughlin added that the temporary easement should not be restricted to the three years proposed by City staff in case alternate arrangements cannot be reached with Samsung, the owner of the adjacent property (formerly Burlington Northern right-of-way). Finally, Mr. Coughlin stated in answer to Council questioning that a non-exclusive easement would be sufficient. A memorandum from the City Attorney was introduced that pointed out that the owner of a land -locked piece of property could not compel a City to provide access. After discussion, Mr. Brown moved that the City Council grant the temporary easement as requested and that City staff seek to assert the City's perscriptive, rights to "H" Avenue. This motion died for lack of a second. Ms. Robinette then moved that the City Council deny this request as other options are available to the owner. The motion was seconded by Mr. Petrish. Under discussion, Mr. Carlisle pointed out that the logical starting point for the owner was to go to Samsung, the adjacent property owner, as they are the route -to the most straightforward solution. Vote: Ayes - Petrish, Robinette, Christiansen, Carlisle. No - Brown. The motion to deny the request passed. The meeting adjourned at approximately 8:15 p.m. Ge a Khta'an, City rk-Treasurer H. Dean Maxwell, Ma or r I`Councilmember 13'6.. August 4, 1997 Mayor Dean Maxwell called the meeting to order at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Petrish requested that a correction be made to the July 21, 1997 minutes, page 4, paragraph 3, 2nd sentence, "Mr. Petrish questioned the need for the proposed left turn lane at 12th and `F',...". With that correction, Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of the continued July 7, 1997 meeting, the July 21, 1997 meeting and the continued meeting of July 21, 1997 be approved. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mr. Don Lapworth of the Sister City Association announced that Anacortes will host an invitational Town Criers exhibition in conjunction with the 7th World Criers International Competition to be held in our Sister City, Sidney, B.C. Anacortes' activity is jointly sponsored by the City of Anacortes, Sister City Association and Chamber of Commerce. Activity dates are September 15th through September 21st. On September 20th there will be a parade in Anacortes from 4:30 p.m. to 6:00 p.m. followed by a Bar-B-Que at Causland Park. Host families will be needed as well as assistance in selling event tickets and posters. Sister City President, Doyle Geer, emphasized the media interest this event will generate. This coverage will highlight and promote the Sidney, B.C./Anacortes ferry run. At the conclusion of the presentation Mr. Rock moved, seconded by Mr. Brown, to approve Mr. Bert Stevens as the official Anacortes Town Crier for this event. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Sanitation Container Bid Approval Mayor Maxwell announced that additional information would be forthcoming and that the bid approval would be held over. Mower Bid - Parks Department Mr. Jim Pemberton, Director of Public Works, directed Council's attention to a July 28, 1997 Memorandum from Mr. Doug Terry, Maintenance Supervisor. The Memo outlines the bids received for a replacement mower for the Park Department; replacement is provided for in the 1997 budget. Councilmembers asked staff about budget distribution for the use of the mower, staffing for the mower, and mulching, recycling and discharge capabilities. Staff recommended that the bid be awarded to the low bidder, Western Equipment Distributors, Inc. in the amount of $17,370.57. Mr. Sizemore so moved, seconded by Mr. Brown. Vote: Ayes - Christiansen, Rock, Carlisle, Petrish, Sizemore, Brown. No - Robinette. Motion carried. Acceptance of Public Works Contract: WTP Emeraencv_ Generator Mr. Jim Pemberton, Director of Public Works, referred to a July 28, 1997 memorandum from Mr. Ed Capasso, Manager of the Water Treatment Plant. The memo summarizes the work completed by Seven Sisters, Inc. on the Water Treatment Plant Emergency Generator. Staff recommended that this project be accepted as complete so that the mandatory 30 -day lien period can begin. If no liens are filed retainage moneys now held shall be released to the contractor. Mr. Sizemore so moved, seconded by Mr. Rock. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Chanae in Lanauaae of Findinas of Fact: Condition #28. Marine Heiahts Mr. Carlisle moved that Marine Heights Condition # 28 be amended as follows: "In the event that future street improvements are made to that portion of Marine Drive/Tyler Circle abutting the subdivision at its western boundary, (approximately 650 feet in length) the applicant agrees to participate in an L.I.D. to fund the project. This responsibility will pass to the homeowners association as the lots are sold and Article 3 of the Covenants will be amended to reflect this agreement." The motion was seconded by Mrs. Robinette. Ms. Mary Cherberg, owner of Charger, Inc., and the developer of Marine Heights agreed to this change: Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. 1317 August 4, 1997 - continued Consent Aaenda (With regard to the Findings of Fact for the Cove on Fidalgo Bay project, Mr. Christiansen asked the Planning Director to explain how the Stockwell Latecomer's agreement affects the Cove. The Planning Director explained that latecomers fees can be assessed when the appropriate Ordinance is approved and published. Absent the Ordinance there is no basis to collect fees.) Mr. Christiansen moved, seconded by Mr. Brown, that the following Consent Agenda items be approved. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Voucher Aooroval: 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 24, 1997 and July 31, 1997 be approved for payment as of this date, August 4, 1997. Council vote was unanimous. Claims Warrants Aug, 1997: Warrant Numbers 50953 through 51077 in the total amount of $292,884.44 Prewritten Claims and RFC Jul, 1997: Warrant Number 50726-50730, 50924-50926, 50932-50952 in the total amount of $74,681.01 Council approved the Findings of Fact and Conclusions of Law for the Cove on Fidalgo Bay Conditional Use Permit. Council declared the City's 1984 ambulance as surplus in conformance with the Memorandum of Understanding between the City of Anacortes and Skagit Emergency Medical Services (EMS). Final Plat Annroval: Woodridae PUD Mr. Ian Munce, Planning Director, summarized action taken to date on the 13 -acre, 40 -home Planned Unit Development known as Woodridge. Mr. Munce explained that the Planning Commission reviewed the project conditions and the additional wetland plantings issue raised by staff. In that regard, a bond in the amount of $5,900 was recommended . Subsequent to the Planning Commission meeting, Public Works reviewed the project's street construction and recommended that the bond be increased to $15,000 to cover asphalt repair work. With that, the recommendation from staff and Planning Commission is to approve the Final Plat subject to the $15,000 bond. In answer to a question from Mr. Carlisle, the Public Works Director described the improvements made to the detention pond. Mrs. Robinette said that she would not approve this project until a site visit is conducted to determine if the wetland mitigation plan has been accomplished. The Public Works Director explained that the wetland planting and mitigation has been delayed to accommodate the weather. Mrs. Robinette then moved, seconded by Mr. Rock, to continue this matter to Monday, August 11, 1997 at 6:15 p.m. at the Woodridge project site to conduct a site visit and to reconvene for final deliberation in Council Chambers. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Mrs. Robinette asked that prior to the site visit the Council receive a copy of the approved wetland mitigation plan. Ordinance: Telecommunication Facilities Moratorium Mr. Ian Munce, Planning Director, presented this item to Council. The Ordinance before Council would adopt an immediate 6 -month moratorium on applications to telecommunications facilities. Additionally, the Ordinance would set a Public Hearing date on the moratorium, and would also direct the development of a comprehensive telecommunications Ordinance for the City of Anacortes. Mr. Christiansen moved, seconded by Mr. Carlisle, to adopt this Ordinance, Ordinance # 2434, and to set a Public Hearing date within 60 days. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Executive Session At approximately 9:00 p.m. the Mayor announced that the Council would convene in Executive Session to discuss property and personnel issues. At approximately 9:15 p.m. the Council reconvened and without taking any further action continued this meeting to 6:15 p.m., August 11, 1997 to conduct the Woodridge site visit and Final Plat decision and to review Sanitation Container Bid Approval. • Continued Meeting of August 4, 1997 -- August 11, 1997 Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. The Mayor convened a site visit at Blakely Place, Clearidge, for the Woodridge planned unit development at 6:15 p.m. on August 11. The Mayor and Council inspected the site and at approximately 6:50 p.m. the Mayor continued this continued meeting until 8 p.m. in the Municipal Building Council Chambers. Final Plat - Woodridae PUD At 8 p.m. the Mayor opened the continued City Council meeting of August 4. The Council reviewed the status of the Woodridge planned unit development with City staff. Councilmember Robinette argued that provision needed to be made, pursuant to the wetland mitigation plan approved for this project, for wetland plantings that did not survive to be replanted during the next three years. The Council noted that the initial wetland planting would cost $5,900, that an equivalent $5,900, plus 20% should be set as for any required replacement plantings, and that additional provision needed to be made for completing the asphalt paving to City standards. After further discussion, Mr. Christiansen moved that the City approve the final plat for the Woodridge planned unit development subject to the applicant's posting a performance bond in the amount of $23,000. The motion was seconded by Mr. Sizemore. Under discussion, the Council noted that the performance bond for the equivalent would be reduced once the asphalting was completed and then once the initial wetland planting was done. The balance would then be retained by the City to assure that the wetland mitigation plan approved by the City Council was implemented as to monitoring and any necessary replanting. Vote: Ayes - Rock, Petrish, Robinette, Christiansen, Sizemore, Brown, and Carlisle. The motion passed. Bid Award - Sanitation Containers The Council then reviewed an August 7, 1997 memorandum from the Director of Public Works relative to sanitation container bids. This memorandum set forth the staff recommendation to award the contract to the low bidder, Capitol Industries, for $129,961.62 including tax. The Council discussed with Mayor and staff the proposed upgrades to sanitation equipment. Mr. Rock then moved that the City award the front loading container contract to Capitol Industries for $129, 961.62 including tax. The motion was seconded by Ms. Robinette. Vote: Ayes - Petrish, Robinette, Christiansen, Sizemore, Brown, Carlisle, and Rock. The motion passed. The meeting adjourned at approximately 8:40 p.m. 74'u �}i XL4�Ge a Khtai , City Cierer H. Dean Maxwell, Mayof Councilmembe 1319 :i August 18, 1997 Mayor Dean Maxwell called the meeting of August 18, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Jeanne Robinette. Bud Rock was absent. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Christiansen requested that a correction be made to page 2 of the August 4, 1997 minutes, Consent Aaenda, "(With regard to the Findings of Fact for the Cove on Fidalgo Bay project, Mr. Christiansen....)". Mrs. Robinette requested that a correction be made to the minutes of August 11, 1997, Final Plat - Woodridge PUD, 4th sentence, "The Council noted that the initial wetland planting would cost $5,900, that an equivalent $5,900, plus 20% should be.....". With those corrections, Mr. Christiansen moved, seconded by Mr. Carlisle, that the minutes of August 4, 1997 and August 11, 1997 be approved. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Carlisle. Motion carried. Citizen Hearinas Mr. Jerry Smith, 1246 Reservation Road, presented a prepared statement to the Mayor and City Council. Reading from the letter, Mr. Smith explained that he is a property owner in the South March Point annexation area, and that he is an annexation petition participant. Mr. Smith then stated that his due process rights have been violated based on the recent Skagit County Boundary Review Board decision to deny the City's South March Point annexation petition. Mr. Smith then urged the Mayor and Council to work with him and other property owners to overturn the Boundary Review Board's decision. Mr. Rick Cousins, 808 Avery Lane, Sedro Woolley, asked the Mayor for a progress report on a matter Mr. Cousins previously brought to the Council's attention. The matter was subsequently reviewed by the Mayor and Council in Executive Session. Mr. Cousins requested that he be included in the investigation of this matter. In answer to Mr. Cousin's concerns, the Mayor said that the he would be contacted by the agency involved. Mr. Ed Little expressed appreciation for the Council and staff support given to the property owners in the South March Point annexation area. Expressing his deep disappointment in the Skagit County Boundary Review Board's decision to deny the City's annexation petition, Mr. Little strongly urged that the Council consider filing an appeal of the Board's decision. Mr. Little also characterized a letter from Skagit County Commissioners as a betrayal and said that more support should be forthcoming from the County to address the annexation area critical issues. In that regard, Mr. Little submitted a copy of a letter from the Skagit County Health Department characterizing this septage area as hazardous. Mr. Little also gave the Mayor a letter of petition formally requesting that the City continue with the annexation effort. Mavor/Council Communication Mrs. Robinette asked that a work session be scheduled to discuss detention pond design, success, and experience. Public Hearinq Mayor Maxwell opened the Public Hearing to discuss the merits of forming four L.I.D.s referred to as Unit A, 13th street from Alaska Avenue to D Avenue and A Avenue and B Avenue from 12th Street to 13th Street; Unit B, B Avenue from 15th Street to 17th Street, 16th Street from B Avenue to C Avenue and 17th Street from B Avenue to A Avenue; Unit C, J Avenue from 15th Street to 16th Street and 16th Street from K Avenue to J Avenue; and Unit D, Morton Avenue from Sunset Drive northerly to approximately D Street. Mr. Dave Lervik, Staff Engineer, presented the staff report. Using an overhead display for each of the L.I.D. areas, Mr. Lervik first reviewed the petition from Unit B property owners requesting that it not be formed. In that regard, Mr. Lervik stated that Unit B will not be included in this action. One letter of protest referenced Unit D, Morton, Avenue. Mr. Lervik then explained that the L.I.D. will be a 10 -year bond issue, that there is a State financial assistance program offered through the Department of Revenue, and that the City will perform in-house design work. Mayor Maxwell then opened the public comment period for Unit A. Mr. Craig Clark, 2517 West 2nd, asked for information on street width, inclusion of "C" Avenue, payment arrangements for paving of driveway apron, assessment of lineal foot frontage costs, community -wide benefit of road improvements, and potential increase in taxes due to road improvements. Mr. Lervik answered that the street would be 28' of asphalt, "C" Avenue should not be included in description of the L.I.D., the City does not pay for driveway connections, and preliminary estimated costs are based on a worst-case scenario. Mr. Lervik then explained the L.I.D. August 18, 1997 - continued process; the Council would pass an Ordinance ordering the improvements and a mandatory 30 - day period would begin to allow for protest the formation of the L.I.D. During that 30 -day period plans and specs would be prepared and bids sought. The bids will then be compared to engineering estimates. Mr. Lervik then outlined other financing methods available to the property owners to have the right-of-way paved. Mr. John Noyes, 2419 12th Street, asked about removal of material, per foot costs, and asked why administrative costs are included. Mr. Fred Ableman, 1211 "B" Avenue, had questions about process and assessment amounts and pointed out that the dust is intolerable. Mr. Clark had detailed questions about assessment calculations. Mr. Curt Oppel, 2803 "B" Avenue, asked if this project would go to bid prior to final approval by City Council. Mr. Don White, 12th Street and "C" Avenue, commented on the level of dust in the area and on assessment/tax burden on the home owner. Mayor Maxwell then opened the public comment period for Unit C. Mr. Robert Worthington, 1518 J Avenue, asked about amount of assessment with regard to single family home versus duplex units, assessment of frontage versus total parcel size. Mr. Lervik explained the methods of assessing an L.I.D. Ms. Dorothy Cook, 1603 15th Street, said that her 1/2 block assessment is excessive and asked for contractor costs for improvements, width of road, and drainage improvements. Mrs. Shawnee Worthington, 1518 J Avenue, spoke to the severe drainage problems in the area and said that she thought that additional impervious surface would negatively impact the area. Mr. Bob Lambert, affected property owner, questioned the accuracy of his front footage assessment. Mr. Rick Cartmell, 1512 16th St., objected to the assessment of single family versus duplex. Mr. Bob Troxclair, 1517 15th St., spoke to the severe drainage problems in the area and said that he could live with the dust. Mr. Worthington spoke again about equitable assessments for single family/duplexes. Mr. Tim Finnigan, 16th Street, asked that the grove of trees on the north end of 16th street be protected. There were no public comments for Unit D. With that, Mayor Maxwell closed the Public Hearing. Councilmembers discussed various concerns: inequities of assessment methods, drainage issues in the "J" Avenue area, benefit to the community from paving, potential to property owners to having paving done themselves, City's responsibility for drainage issues, and future stormwater rate modifications. At the conclusion of the discussion, Mr. Christiansen moved, seconded by Mr. Petrish, to adopt Ordinance 2435 ordering the improvement of paving of streets in the following areas: 13th Street from D Avenue to Alaska including B Avenue and C Avenue from 12th Street to 13th Street; .J Avenue from 15th Street and south and east to the intersection of 16th Street and K Avenue; and Morton Avenue from Sunset Avenue north to "D" Street. This matter will come before Council again for the project bid award. Additionally, this 30 -day protest period provides an opportunity for property owners to review options. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Carlisle, Petrish. Motion carried. Voucher Approval Mr. Carlisle moved, seconded by Mr. Petrish*, 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 7, 1997 and August 14, 1997, be approved for payment as of this date, August 18, 1997. Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Petrish, Sizemore. Motion carried. Claims Warrants Aug, 1997: Warrant Numbers 51079 through 51246 in the total amount of $421,947.32 Payroll Jul, 1997: Warrant Numbers 8138 through 8339 in the total amount of $386,182.94 10" Waterline Relocation at SR -20 and Campbell Lake Road Mr. Gordon Bruchner, City Engineer, presented this item to the Mayor and Council. Mr. Bruchner explained that the Washington State Department of Transportation will be constructing a project at the Campbell Lake Road intersection with SR -20. The project will improve the layout of the intersection. The fill associated with this project will damage the City's two 10" waterlines in this area. Therefore, both lines will need to be relocated. The City's share of the design costs is estimated to be $10,000 and a Utility Construction Agreement between the City and WSDOT will be necessary. Also, without benefit of project plans, Mr. Bruchner estimated that the construction costs would be from $60,000 to $70,000. Council then asked Mr. Bruchner to describe the Oak Harbor waterlines, the number of direct customers, and the need for a rate study for this service area. Discussion followed regarding safety issues and franchise agreements. At the end of the discussion Mr. Brown moved, seconded by Mr. Carlisle to authorize the Mayor to enter into the Utility Construction Agreement with the State 1321 August 18, 1997 - continued Department of Transportation for the SR 20/Campbell Lake Road Intersection waterline relocation. Vote: Ayes - Robinette, Carlisle, Petrish, Sizemore, Brown. No - Christiansen. Motion carried. Municipal Buildina Roofina Quote Approval Mr. Gary Robinson, Director of Parks and Recreation, opened the discussion on the condition of the Municipal Building roof. Mr. Robinson reviewed the repair versus new roof options, project costs, and funding. Staff recommends that Council approve the Sarnafil membrane roof to be installed by Edmonds Roofing in the amount of $41,637.75. Mrs. Robinette so moved pending verification of roof installation warranty. Mr. Sizemore seconded the motion. Vote: Ayes - Robinette, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Consultant Services ContractA"TP Capacity Uparade Mr. Jim Pemberton, Director of Public Works, presented this item to Council. He then referred to his August 14, 1997 memorandum to Council and to a Draft Agreement with HDR Engineering, Inc. to conduct a capacity analysis of our wastewater treatment plant. Mr. Pemberton explained that the City is currently preparing an application to renew the City's NPDES permit and now would be appropriate time to ask the Department of Ecology to modify the discharge limitations on the present permit. Mr. Pemberton recommended that this analysis should be submitted along with the application for renewal which should be submitted six months in advance of the permit expiration date of April 30, 1998. Mr. Pemberton emphasized that the consultant selection was based on the high level of expertise and familiarity available from HDR Engineering. HDR recently completed a Sewer Comprehensive Plan update for the City of Anacortes. With that, Mr. Sizemore moved, seconded by Mr. Brown, to enter into an agreement with HDR Engineering, Inc., for the purpose of evaluating the Wastewater Treatment Plant capacity. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Skateboard Park Discussion Mr. Gary Robinson, Director of Park and Recreation, presented this item to Council. Mr. Robinson began his presentation with a review of previously held discussions centered around the Alice Newland Park as a potential site for a skate facility. As a result of those discussions, Mr. Dan Dingfield, representing an adjacent property owner, MJB Partnership, asked for the opportunity to work with City staff to provide alternative site proposals. After alternative site research they were not able to find a site agreeable to both. Mr. Robinson is now requesting that Council schedule a Public Hearing to take comment on the Alice Newland Park as a skate facility. Discussion followed regarding the 28th and T Avenue site and other alternatives. At this point in the skate facility discussion, Mr. Carlisle asked that the City Council be fully informed of the meeting attendance and discussion held at City Hall on rezone/skate board facility/new business. In response to his remarks, the Mayor explained to Mr. Carlisle that attendance at the referenced meeting would invalidate the Council's vote should a rezone application be presented to them. Mr. Carlisle then suggested that a Public Hearing on the facility be held after the EIS for the proposed waterfront rezone project has been completed. Mrs. Robinette suggested to MJB Partnership that a waterfront park could be traded for the Alice Newland site. Mr. Petrish opposed the Alice Newland site. Council suggested that Mr. Robinson bring back to the Council four alternative sites to be review at a Public Hearing. Mr. Ian Munce, Planning Director, clarified that MJB has asked the City to reactivate their project, the Draft EIS for the MJB Rezone. In that regard a Scope of Work commissioned by the City and paid for by MJB will be brought forward to the Council and could include a skate board facility parameter should the Council so direct. However, the related rezone public hearings would not be held until next year. Further discussion followed regarding Volunteer Park and the parking lot adjacent to McDonalds as potential sites. Mrs. Robinette supported the suggestion to offer four alternatives for review. Council consensus was to direct Mr. Robinson to bring four alternatives back to a Study Session for review. Mr. Christiansen suggested that public input be taken at that time. Mr. Brown urged the City to move forward with the installation of this facility There being no further business, the meeting was adjourned at approximately 10:30 p.m. A4' 'eL 7&Z-� GeqGam'" Ahtai , City—Clerk-Treasurer A. Dean Maxwell, M or . Councilmember September 2, 1997 1322 Mayor Dean Maxwell called the meeting of September 2, 1997 to order at 7:30 p.m. Roll call found present: Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Bill Carlisle was absent. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of August 18, 1997 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette. Abstain: Rock. Motion carried. Citizen Hearinas Ms. Priscilla Choate, 2301 15th St., representing the Anacortes Women of Today 4th of July activities, presented copies of a petition to the Mayor and Council. The petition, signed by 68 of the 84 downtown businesses contacted, calls for the City to approve parking restrictions for the 4th of July parade. As proposed, on July 4th vehicles would be restricted from parking on Commercial, 2nd to 9th Streets, from 9:00 a.m. to 1:00 p.m. Mayor Maxwell thanked Ms. Choate for the presentation. Mr. Bill Swartz, 2013 Cully Road, Sedro Woolley, introduced himself as the Karnak Construction project manager for the Rock Ridge development in Anacortes. Mr. Swartz said it was brought to his attention that members of the Council have been walking the Rock Ridge site. Mr. Swartz pointed out the negative legal and safety aspects of these unauthorized visits. He concluded by asking that if any members of the Council wish to visit the site that they first contact his office to arrange for a tour. Mayor Maxwell thanked Mr. Swartz for bringing this matter to the City's attention. Mavor/Council Communication Mr. Christiansen passed out copies of a newspaper article. The article described a court case that was dropped by the State Supreme Court because nothing in the Municipal Code or State Law allowed for a warrant check to be conducted during arrest procedures. Mr. Christiansen asked that the City Attorney review whether or not such an addition to the City's Municipal Code would be advantageous. Mrs. Robinette asked that the Mayor place Tommy Thompson's Anacortes Railway proposal on the September 8th Study Session agenda. Voucher Aoproval Mr. Sizemore 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 August 21, 1997 and August 28, 1997, be approved for payment as of this date, September 2, 1997. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Petrish. Motion carried. Claims Warrants Sep, 1997: Warrant Numbers 51254 through 51362 in the total amount of $346,880.41 Draw Pavroll Aug, 1997: Warrant Numbers 8340 through 8466 in the total amount of $46,311.05 Chemical Bids - Water Treatment Plant Mr. Christiansen moved, seconded by Mr. Rock, to approve the Chemical Bid Recommendation 1997-1999 as outlined in an August 22, 1997 Memorandum from Mr. Ed Capasso, Manager of the Water Treatment Plant to Mr. Jim Pemberton, Director of Public Works and Utilities. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Petrish, Sizemore. Motion carried. T-1 Line - Water Treatment Plant Mr. Ed Capasso, Manager of the Water Treatment Plant, presented this item to Mayor and Council. Mr. Capasso explained that the City has an operating computer Local Area Network (LAN) with connection to most City departments. However, the Water Treatment Plant is not part of the LAN and, in order to participate in the computer networking system, purchase and installation of equipment would be required. The GTE proposal before Council would include, in part, a T-1 line, phone system, and transfer and upgrade of current equipment. Mr. Christiansen pointed out that the City's Purchasing Manager, Mrs. Judy Grace, previously presented this proposal to the Council's Finance Committee and at that time highlighted the program's cost effectiveness and potential for increased efficiency. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to authorize the purchase of GTE's Networking and Telecommunication (T-1 Line) proposal as outlined in an August 22, 1997 memorandum from Judy Grace to the Mayor and Council. Vote: Ayes - Christiansen, Robinette, Rock, Petrish, Sizemore, Brown. Motion carried. South March Point Caoital Improvements Mayor Maxwell presented a Draft letter to Council for review and approval regarding the South March Point Annexation Area. The letter, addressed to the Board of County Commissioners, states that the 1323 September 2, 1997 - continued Commissioners' July 18,1997 letter to the Boundary Review Board "...to be in bad faith and to be an actionable breech of our UGA Agreement dated June 25, 1997." The letter also states that "...we believe that damages are due and payable in an amount approximating $40,000 a month beginning October 1 this year. This amount reflects the sales tax revenue that you will be retaining as a direct result of your actions." In conclusion, the letter requests that a written response to the City's requests be received by the end of the month. Mr. Brown moved, seconded by Mr. Sizemore, to authorize the Mayor to sign and send the letter. Mr. Petrish asked that a copy of the letter be sent to interested parties in the Summit Park area. In response to a question from Mr. Christiansen, the Planning Director, Mr. Ian Munce, explained that action taken by the Commissioners' to send the July 18, 1997 letter did not appear in any of the County's meeting minutes, nor on any agenda under department report, nor on any agenda under consent agenda but, rather, was action taken by the Commissioners outside regular channels. Vote: Ayes - Robinette, Rock, Petrish, Sizemore, Brown, Christiansen. Motion carried. Street Closure and Contract Amendment - Sister Cities Mr. Jim Pemberton, Director of Public Works, presented an application submitted by the Sister City organization to close "N" Avenue between 7th and 8th Streets on September 20, 1997, 4:00 p.m. to 8:00 p.m. The Causland Park activity will be in conjunction with the Sidney, B.C. international Town Criers competition to be held in Sidney on the 15th. The application includes permission to conduct a parade. Staff recommends that the application be granted and that the parade be permitted with no street closure for the parade, that the Anacortes Police Department assist the parade route to Causland Park. Staff further recommends that the applicant provide barricades and set-up. Mr. Don Lapworth, 5309 Sterling Drive, representing the Sister City organization, described the September 20th activities in detail. In light of the international scope of this event, Mr. Lapworth further requested that the Council approve a "no parking along parade route from 3:00 p.m. to 5:00 p.m." addendum to the application. Mr. Lapworth said that this proviso would ensure the best parade presentation. If approved, the Sister City organization would put up "Parade - No Parking 3:00 p.m. to 5:00 p.m." signs along the parade route. Mayor Maxwell then cautioned that there are those businesses that will be negatively impacted by community event street closures and no parking restrictions. Council discussion followed times and location of sign placement. The Police Chief, Mr. Mike King, said that, if approved, enforcement of the no parking provision would be a community cooperative effort and that no official action would be taken. Mr. Sizemore suggested that the Council develop parade policies. By consensus, Council agreed to approve the street closure application subject to staff recommendations, and further, to approve the no parking request from 3:00 p.m. to 5:00 p.m. along the parade route. The Sister City Organization also asked for an amendment to its 1997 Tourism Promotion Fund contract to allow for expenditure of these allocated funds in support of the Anacortes Invitational Town Crier activity. Mr. Ian Munce, Assistant City Attorney, pointed out that staff would review the expenditures to ensure that they fit the fund categories. By consensus, Council agreed to approve the contract amendment. , Steam and Gas Enoine Dav Mr. Jim Pemberton, Director of Public Works, presented an application for an "M" Avenue street closure on September 20, 1997. The application, submitted by the Museum Department, is for closure from 7:00 a.m. to 5:30 p.m. for the Steam and Gas Engine Day activity. The City will provide barricades. Mr. Sizemore moved, seconded by Mr. Rock, to approve the street closure request. Vote: Ayes - Rock, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. On a question from Mrs. Robinette, the Museum Director, Ms. Karen Marshall, explained that the restroom facilities at the museum are adequate for this event. WSDOT Mutual Aid Aareement Mr. Jim Pemberton, Director of Public Works, presented a copy of the Mutual Aid Agreement that was provided to the City by the Washington State Department of Transportation. The agreement is designed as an interlocal agreement for mutual aid in the event of an emergency or disaster. Mr. Pemberton highlighted that the mutual aid agreement would enhance agency response time in the event of an emergency and would provide provisions for expense reimbursement. Discussion followed regarding the declaration of an emergency. Staff recommends that the Mayor be authorized to enter into the Public Works Emergency Response Mutual Aid Agreement for Signatory Agencies in the State of Washington. Mr. Sizemore so moved, seconded by Mr. Rock. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. At approximately 8:30 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, September 8, 1997 at 7:30 p.m. to consider the Washington State Boundary Review Board for Skagit County decision. Continued Meeting of September 2, 1997 -- September 8, 1997 Mayor Maxwell called the continued meeting to order at 7:30 p.m. to act on one item from the Tuesday, September 2 City Council meeting, namely consideration of a possible appeal to the Washington State Boundary Review Board decision on the City's South March Point Annexation. Roll call found present: Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Ian Munce, City Planning Director, circulated a copy of the written decision issued by the Board earlier that day. Mr. Munce explained that due to the language covering filing periods for appeals it may be necessary to file an appeal, if one was to be filed, the next day (Tuesday, September 9). This circumstance comes about because an appeal may need to be filed within thirty days of the BRB's oral decision on August 11, 1997. Mr. Munce added that the City would, in any event, be submitting a formal written Motion for Reconsideration to the Board. However, he was looking to the Council for a decision on whether or not to file an appeal. Mr. Munce then reviewed the written Findings of the Boundary Review Board with the Council. He pointed out clear errors of fact and argued that the analysis was insufficient to support the conclusion. Mr. Jerry Smith, one of the annexation petitioners, urged the Council to file an appeal based on his concern that his due process rights, and those of the other property owners, had been violated. Mr. Ed Little, spokesperson for a number of property owners seeking annexation, urged the Council to file an appeal. Mr. Little cited the need for City services. Additionally, Mr. Little stated that he and other property owners were willing to commit $6,100 in support of the legal costs of a Superior Court appeal, After discussion, Councilmember Petrish moved that the City file an appeal to Superior Court but, in parallel schedule a meeting or meetings with Summit Park citizens to try to resolve outstanding issues and thereby establish common ground and reduce legal costs. The motion was seconded by Mr. Rock. Vote: Ayes - Rock, Petrish, Robinette, Christiansen, Sizemore, Brown, and Carlisle. The motion carried. The continued public meeting adjourned at approximately 8:15 p.m. -7/ 1� G e Khan, CityJerk-Treasurer H. Dean Maxwell, A'llayor 125 September 15, 1997 The meeting was called to order by Mayor Dean Maxwell at 7:30 p.m. Roll Call: Present: Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Absent: None. Minutes of September 2. 1997 and September 8. 1997:. It was moved by Brown and seconded by Sizemore that the minutes of September 2, 1997 and September 8, 1997, be approved without correction. Ayes: Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Abstain: Carlisle. Citizen Hearinas 1. Malcolm Lorente introduced the new Executive Director of the Port of Anacortes, Rick Aschieris. He commented on the SKAT bus route on West 4th Street and expressed concern about it being discontinued and also expressed concern about elderly people having to walk to the bus. Mr. Lorente also commented on the recent increase in noise from navy planes. 2. Joe Park expressed his view that the City should look at providing better fire service to the west end before providing service to the proposed annexation area on Marches Point. He indicated that individuals on the west side are concerned about fire service and the response time of the fire department. 3. Jean LaRue requested an update on the skateboard park and Mayor Maxwell advised that it is scheduled for a public hearing in 2 weeks. 4. Richard Bergner inquired the about the status about the conservation easement proposal. Mayor Maxwell advised Mr. Bergner that hopefully the matter would be brought to the Council soon. UNFINISHED BUSINESS Waste Manaaement Northwest Recvcle Contract Jim Pemberton presented a brief history of the City's dealings with recycle contacts and recommended that the City request proposals for recycling and yard waste from Waste Management, Rural Skagit, and any other contractors that would be interested in participating. Terry Christiansen reported that the sub -committee on solid waste had discussed the matter in detail and was recommending that the City stay with Waste Management and enter into the proposed five year contract. It was moved by Rock and seconded by Carlisle that the City staff negotiate with Waste Management to remain with by -weekly recycling collection and weekly collection by those separately subscribing for the service. Ayes: Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Completion of Public Works Contracts at Waste Water Treatment Plant John Franz explained to the Council that two contracts had been completed at the Waste Water Plant, the first to recoat the secondary treatment clarifier and the second the upgrade of Pump Station No. 5 and replacements of Pump Stations No. 8 and No. 9. Mr. Franz advised that the work contracted for had been completed in a satisfactory manner and he was recommending that the contracts be accepted. It was moved by Carlisle and seconded by Sizemore to accept the contracts as complete and commence the 30 day lien period. Ayes: Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Sunset Cove Development Shoreline Permit Conditions Ian Munce advised the Council as to the current status of the proposed Sunset Cove Development. The Planning Commission as part of the Shoreline Permit process had added a condition requiring sidewalks. The applicant is objecting as sidewalks had not been required by the City Council as part of their planned unit development approval. After discussion, it was moved by Sizemore and seconded by Robinette that the matter be sent back to the Planning Commission with the recommendation that the sidewalk requirement be retained. Ayes: Robinette, Rock, Sizemore. Nays: Brown, Christiansen, Carlisle, Petrish. Consent Aaenda Councilman Christiansen requested the proposed fireworks ordinance be removed from the consent agenda. Councilman Carlisle requested the payroll warrant cancellation be removed from the consent agenda. It was moved by Rock and seconded by Carlisle that the remaining September 15, 1997 - continued items on the consent agenda be approved. Ayes: Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Claims Warrants September 1997: Warrnat numbers 51373 through 51610 in the total amount of $1,040,281.18 Prewritten Claims August 1997: Warrant numbers 50927, 51078, and 51247 through 51253 in the total amount of $10,752.23 Payroll August, 1997: Warrant numbers 8467 through 8658 in the total amount of $353,231.65 Pavroll Warrant Cancellation Councilman Carlisle asked why a payment to United Way would be listed as a payroll warrant. It was explained that this involved payroll deductions from employees which is forwarded onto United Way. It was moved by Carlisle and seconded by Sizemore that the payroll cancellation request be granted. Ayes: Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Fireworks Ordinance Councilman Christiansen indicated that he had several questions about the proposed ordinance and would like to see the ordinance provide a prohibition against discharge of fireworks in proximity to City parks and forest lands. Councilwoman Robinette asked questions as to whether the ordinance could limit certain types projectile fireworks which would be permitted under state law. Chief King addressed the Council in regard to the police department's experience in this area. It was decided to bring this matter back to the Council for further consideration at a subsequent meeting. NEW BUSINESS MJB Draft EIS Planning Director Munce addressed the Council regarding the current status of the Fidalgo Bay Sub -Area Plan and the MJB Draft EIS. He indicated the MJB was going to issue a revised Draft EIS and that he was seeking input from the Council as the scope of that EIS process. Mayor Maxwell indicated his preference to have the EIS include an alternative that doesn't include residential development and to specific alternatives as to types of commercial development which might be included. Councilman Christiansen wanted the Draft EIS to deal adequately with utility capacities and to review staffing levels, City equipment needs, and capital projects. He also indicated some discussion of impact on view corridors would be appropriate. Councilwoman Robinette indicated a discussion of sewer capacity and alternative land uses would be helpful. Mr. Munce indicated that the Council could provide additional recommendations to him and he would try to include that within the EIS process. Adiournment Just prior to adjournment Councilman Petrish inquired about the conservation easement proposal status and was advised by Mayor Maxwell that the matter hopefully would be brought back to the Council in approximately a month. The meeting was continued to September 22, 1997, at 7:30 p.m. The meeting was adjourned at 8:50 p.m. 1327 Continued Meeting of September 15, 1997 -- September 22, 1997 Mayor Maxwell called the continued meeting to order at approximately 7:30 p.m. Roll call found present: Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Mr. Don Lapworth of the Anacortes/Sidney Sister City Association reviewed the last weekend's Town Criers event. He informed the Council that all those involved felt that this event was an outstanding success. Ms. Brenda Harfield, also of the Sister Cities Association, described the activities that had proceeded the Anacortes weekend event in Sidney. Ms. Harfield also thanked the Council for their support of this event. Mr. John Spaulding, Chair of the Skagit County Ferry Advisory Committee, spoke of the importance of maintaining and improving Sister City links with Sidney, British Columbia. The Council then reviewed a September 18, 1997 letter from Mr. David Lervik, Staff Engineer, regarding the "M" Avenue sidewalk project bid results. The Mayor, Council, and Mr. Lervik discussed various options for funding this project. It was noted that the City had in hand State grant funding in the amount of $100,000. After discussion, Mr. Christiansen moved that the City award the bid to Schwetz Construction in the amount of $157,162 to construct sidewalks on "M" Avenue between 11th and 32nd Streets, to finance the unbudgeted work through an interfund loan, and to repay this interfund loan balance in 1998. The motion was seconded by Mr. Brown. Vote: Ayes - Rock, Petrish, Robinette, Christiansen, Sizemore, Brown, and Carlisle. The motion carried. The Mayor and Council then reviewed a September 18, 1997 letter from Mr. David Lervik, Staff Engineer, regarding award of bid for the 8th Street Storm Sewer Separation Project. After discussion, Ms. Robinette moved that this work be awarded to the low bidder, Island Construction, in the amount of $109,409. This motion was seconded by Mr. Sizemore and passed unanimously. There being no further business to conduct, this continued public meeting adjourned at approximately 8:00 p.m. Ge ,o�Khtaidn, City Cferk-Treasurer Councilmember lC— H. Dean Maxwell, 2�.L,� Mayor 1329 October 6, 1997 Mayor Dean Maxwell called the meeting of October 6, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of September 15, 1997 and the continued meeting of September 22, 1997 be approved as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mrs. Robinette submitted a letter she received from Kate Scott. The letter will be submitted as an exhibit to an agenda item. Contract with E.D. Hovee and Comr)anv for MJB Rezone EIS Mr. Ian Munce, Planning Director, submitted a proposal for an update and reissuance of the MJB site Draft Environmental Impact Statement (DEIS). E.D. Hovee & Company would provide the updated DEIS document. Mr. Munce pointed out to the Council that the proposal letter before them incorporates Council's concerns and comments into the revised scope of work. The recommendation is that Council authorize staff to proceed with contract documents with E.D. Hovee and Company in the amount of $33,600. If Council so authorizes, MJB will transfer that amount to the City at which point the City will enter into an agreement with E.D. Hovee for the work to be done. Mrs. Robinette asked that language be added under Item # 3, Traffic Impact Analysis. regarding options for incorporating a tourist train with trail and/or realign the City's rail corridor to optimize benefits. Mayor Maxwell suggested that the project area be expanded to include property north of 22nd Street. Discussion followed inclusion of original public comments in the final document, best use of traffic studies and correction of project maps. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to authorize staff to proceed with contract documents with E.D. Hovee and Company for the update and reissuance of the MJB Site DEIS. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Aareement/Soecific Performance: Authorization to Proceed: Enforcement of the Citv's Interlocal Aareement with the Board of Countv Commissioners Mr. Ian Munce, Planning Director, began his summary of this matter by first referencing the City's June 25, 1996 Agreement signed by all three County Commissioners. The map attached to this agreement specifically highlights the South March Point Annexation Area and the text of the agreement specifically relates to the South March Point Annexation Area. None of the annexation issues now under public discussion were debated during the lengthy and detailed construction of the June 25th Agreement. Mr. Munce further explained that in this Agreement, the City made major financial concessions with the provision that the County would not oppose annexation of the South March Point Area. Mr. Munce then outlined two options available to Council: to renegotiate with the County so they do not oppose annexation, or to take action to enforce the existing Agreement. Council discussion followed. Mr. Rock spoke against enforcement action. When the discussion was ended, Mr. Sizemore moved, seconded by Mr. Carlisle, to institute a breach of contract/specific enforcement of Interlocal Agreement action in Superior Court. Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Petrish, Sizemore. No - Rock. Motion carried. Consideration of Bids for R Avenue Left Turn Lane at 30th Street Mr. Gordon Bruchner, City Engineer, presented this item to Council. He reported that bids were opened for a southbound left turn lane on R Avenue at 30th Street. The low bid in the amount of $26,942.89 was received from Fidalgo Rocks, Anacortes. Council asked for local work references for Fidalgo Rocks. Mr. Bruchner explained that before the contract was brought to the Mayor for signature, a performance bond and insurance certificate would be in place. With encouragement to staff and the Mayor to investigate the work history of the low bidder, Mr. Sizemore moved, seconded by Mr. Brown, to award the bid for the "R" Avenue left turn lane to Fidalgo Rocks. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Sanitation Vehicle - Payment Method Mayor Maxwell introduced this item by saying that on March 17, 1997 the Council authorized the purchase of two front-end loading sanitation vehicles through a joint purchase agreement with the City of Olympia. At that same time Council directed staff to research financial advantages, if any, of lease versus purchase. Mr. Jerry Knutsen, Comptroller, explained the Finance Department 1330 October 6, 1997 - continued process with regard to pure lease, lease with purchase option, and outright purchase of equipment. The proposal now before Council, as outlined in a September 25, 1997 memorandum from Mr. Jim Pemberton, Director of Public Works, authorizes payment to the vendor for the purchase of the sanitation vehicles. Mr. Christiansen so moved, seconded by Mr. Sizemore. Mr. Carlisle disagreed with the presentation of the lease agreement information. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Ordinance: Recvclina Rates - Weekly Subscription Mayor Maxwell presented an Ordinance establishing rates for those utility customers who choose to select a weekly recycling pickup. Mr. Carlisle asked that the Ordinance also reflect the reduced rates based on a 4 -tier system of participation: 0-25% - $2.40/month, 26-50% - $1.60/month; 51- 75% - $1.25/month; 76-100% - $1.20/month. Mrs. Robinette pointed out that this additional information would let the public know that the more subscribers to the weekly pickup, the lower the pickup rate. With those changes, Mr. Carlisle moved, seconded by Mrs. Robinette, to adopt ' Ordinance No. 2436 entitled, An Ordinance Amending Ordinance No. 2426, passed and approved on the 21st day of April, 1997, Pertaining to Refuse Rates." Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Latecomer Aareement - Stockwell Mayor Maxwell presented a draft Ordinance for Council review. After discussion, Council directed that Mr. Jim Pemberton, Director of Public Works, review the following issues: provide documented costs for the total for the project, Mr. Stockwell's proportionate share of those costs, the Brent Home issue, give notice to property owners on what is proposed, and language regarding installment payments. Consent Agenda Voucher Approval 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 September 24, 1997 and October 2, 1997 be approved for payment as of this date, October 6, 1997. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Claims Warrants Oct, 1997: Warrant Numbers .51621 through 51846 in the total amount of $764,274.92 Prewritten Claims Sep, 1997: Warrant Numbers 51363-51367, 51611-51618 in the total amount of $118,787.16 Payroll Sep, 1997: Warrant Numbers 8748 through 8931 in the total amount of $392,721.69 Draw Pavroll Aug, 1997: Warrant Numbers 8661 through 8747 in the total amount of $44,759.00 Council also adopted Resolution No. 1453 setting November 3, 1997 as the Public Hearing date on a Petition to Vacate a portion of 38th Street and "V" Avenue. Reappointments: John Curtis. Brad Snyder to the Board of Adiustment Mr. Carlisle asked that the proposed Board of Adjustment reappointments be pulled from the Consent Agenda and that the matter be postponed for two weeks. Final Plat: Villaae Park Mr. Christiansen stepped down from participating in this item. Mr. Ian Munce, Planning Director, using an overhead display, pointed out the Village Park Final Plat site. Using a development pattern better fitting the location, the applicant has submitted a replat for 24 lots at 35th Street and "D" Avenue. The Planning Commission recommended approval of the final plat subject to a $3,000 performance bond and that the landscaping adjacent to the detention ponds shall be managed by the homeowners association. Mrs. Robinette so moved, seconded by Mr. Sizemore. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Mr. Christiansen then returned to the meeting. 1331 October 6, 1997 - continued Public Hearina - Telecommunication Moratorium Mayor Maxwell then opened the Public Hearing to take comments on emergency action taken by the City Council to place a 6 -month moratorium on the acceptance of applications for and issuance of any permit or approval currently required for telecommunications facilities. If such an emergency action is taken the statute requires that the Council hold a Public Hearing within 60 days to take public comment regarding the institution of the moratorium. Mr. Munce then clarified that over the next 4 months language regarding regulation of cell tower development will be advanced. Mr. Malcolm Lorente, 3820 W. 4th Street, suggested that this language include bonding for structure demolition. Mr. Carlisle asked that Unisite be contacted for more information on the installation of towers. Mrs. Robinette asked that an October 6, 1997 letter from Ms. Kate Scott be submitted as part of the proceedings. There were no further comments and the Mayor declared the Public Hearing closed. Public Hearina: Skate Facilitv Location Mayor Maxwell opened the Public Hearing to take comments on the location of a skate facility at Alice Newland Park. Mr. Gary Robinson, Director of Parks and Recreation, submitted a conceptual site plan for Council review. Property owners within 300 feet of the site were notified of the Hearing and Mr. Robinson concluded by saying that this matter has been before Council and the public numerous times in both study and regular Council sessions. Mr. Josh Root, 1417 6th Street, spoke in favor of the location stating that it was an underused part of the City's park system. This would open up the Park to other uses. Mr. Andrew Root, 1417 6th Street, spoke in support of the site, stressing the central location. Mr. Don Yankacy, 2915 Commercial, spoke in favor of this location suggesting that restrooms be placed next to the parking spaces. Mr. John Prosser, 404 2nd St., spoke in favor of a skate facility and said that he would fund -raise for and contribute to such a facility, but strongly suggested that the 22nd Street location may provide for a different and better future use. Ms. Jean LaRue, 3419 M Avenue, spoke in favor of this location. Mr. Ross O. Barnes, 104 Harbor Lane, while supporting the Newland location, asked if a 3 -way property trade between the City, Port and MJB is still a viable alternative. Mr. Kevin Welsh, 174 Bay Lane, Chairman of Sun Systems, said his business is located just south of Alice Newland Park and employs 27 people and proposes an addition of 60 more employees this year. Mr. Welsh supported the concept of a skate facility, but expressed concern for security and increased potential for security problems with the Newland Park location and suggested postponing spending money until all issues are resolved. Mr. Phil Madden, 1344 Rosario Road, encouraged the Council to move forward on the skate facility development. Mr. David West, 3301 Field Avenue, said that the noise from the park could disrupt the software business next door. Mr. Phil Burton, 620 Commercial, representing the Park Board, said that this would be a good use for an underutilized park. Ms. LaRue and Mr. Root rose to talk about security, parking, and noise issues. There were no further comments and the Mayor declared the Public Hearing closed. Council discussion followed. Mrs. Robinette asked about the future development of Sun Systems. Mr. Carlisle asked for further documentation of remarks made regarding increased incidents of crime. Mr. Brown urged approval of the Alice Newland Park site.. Mrs. Robinette spoke in favor of the site, but expressed concern for issues raised by Sun Systems. Mr. Petrish strongly urged the selection of another site citing loss of future value of this property. At the conclusion of the Council discussion, Mr. Christiansen moved, seconded by Mr. Sizemore, to set May 1, 1998 as the final date to start construction of the Alice Newland skate facility. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock. No - Carlisle,.Petrish. Motion carried. I o At approximately 9:40 p.m. the Mayor continued the meeting to 7:30 p.m., October 13, 1997, at Fidalgo Elementary School to discuss the South March Point Annexation. VLJ' 04/1 0'A4 31, k A'". A IF (4 , , P�--644W -9' ___2 rzi-orrKhtai n, Ci y erk-Treasurer H. bean Maxwel , Mayor Councilmembei October 20, 1997 Mayor Dean Maxwell called the meeting of October 20, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mr. Christiansen pointed out that there was a printing error on page 2 of the minutes. With that correction, Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of October 6, 1997 be approved as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell announced that a utility bill automatic withdrawal service is now available for the City's utility customers. There is no fee for this service. Councilmembers submitted two questions regarding administration of the program: (1) will the customer still receive a copy of the utility bill, and (2) how will automatic deductions be handled when the water bill is abnormally high due to leaks. Mrs. Robinette submitted memos/letters regarding the "Q" Avenue Design Report". The Report is an October 27th Study Session agenda item and Mrs. Robinette asked that this material be distributed in preparation for that meeting. Mr. Christiansen accepted the responsibility as Chair of the Steering Committee to oversee the development of the Skate Facility project. The Committee will include the Park Director, a representative from Sun Systems, from the youth sector, and also a representative for all the service clubs. Proclamation: UNA Celebration Mayor Maxwell read from a Proclamation proclaiming the week of October 20th in the years 1997, 1998, 1999, and 2000 as United Nations Week in the City of Anacortes. Dr. Jack Papritz, President of the United Nations Association of Anacortes, announced that there will be an activity commemorating the 52nd birthday of the founding of the United Nations on Friday, October 24, 1997, 7:00 p.m. at the Fidalgo Center. With that, Dr. Papritz gave copies of the Preamble to the United Nations Charter to the Mayor and Council. Consider Acceptance: "R" Avenue Waterline Proiect Mr. Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner explained that "R" Avenue 12 inch waterline is in full service. Mr. Bruchner explained that an extension of pipe not planned for and additional asphalt patching caused an increase in the project final price. Additionally, Mr. Bruchner pointed out that the project was designed, and the construction contract administered and inspected by members of the Water and Engineering Departments. Staff recommends that Council accept this project as complete thereby initiating the required 30 -day lien period; if no liens are filed retainage money now held will be paid to the Contractor, Marshbank Construction. Mr. Christiansen so moved, seconded by Mr. Brown. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. ' Consider Acceptance: 1997 Small Diameter Waterline Replacement Proiect Mr. Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner explained that the project, awarded to Roetman Construction, is complete and in service (this project involved waterline replacements in five different locations throughout the City of Anacortes). Design and construction inspection were administered by the Water and Engineering Departments. Staff recommends that Council accept this project as complete thereby initiating the required 30 -day lien period; if no liens are filed retainage money now held will be paid to the Contractor, Roetman Construction. Mrs. Robinette so moved, seconded by Mr. Rock. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Ordinance: 41st Street Waterline Extension: Waiver Reauest GFC Mr. Jim Pemberton, Director of Public Works, presented this Ordinance to Council for review and approval. The Director reviewed the history of this waterline: a public hearing was held before Council to form an LID. At that time the neighbors chose to finance the project independently and the waterline was installed. The affected property owners have now come back to the City Council with a request to waive all or a portion of the hook-up fees related to actual connection for residential service. Mr. Pemberton then reviewed past practices 1333 October 20, 1997 - continued regarding hook-up waivers specifically with regard to waiver of sewer hook-up fees. Mr. Rock advised caution regarding the waiving of fees with regard to public funds. With that Mr. Rock moved, seconded by Mrs. Robinette to table this matter so that the City Attorney could research that issue. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Latecomers Aareement: Stockwell Mayor Maxwell presented the Latecomer's Agreement for the Stockwell RV Park. Mr. Jim Pemberton, Director of Public Works, addressed the four issues raised at the last Council meeting on this matter. The issues are: (1) documentation as to actual costs incurred by Mr. Stockwell, (2) break -down as to the portion of this total cost appropriately allocated to the Stockwell project, ,(3) explanation as to why the Brent Homes property is included, and (4) confirmation that the details of this agreement have been communicated to the property owners. Using an overhead display, Mr. Pemberton showed the location of the gravity sewer line, constructed from 34th and "V" Avenue out Fidalgo Bay Road near the Highway 20 off -ramp and the location of the force main installed from that point on Highway 20 to the RV Park. Mr. Pemberton then reviewed the associated costs and distribution of same to the property owners. He then stated that the most Latecomer or LID amounts are calculated based on the direct benefit to the abutting property owners. In general, the Mayor spoke against the formation of Latecomer's Agreements. Mrs. Robinette suggested that the calculations be reworked to include the Stockwell's proportionate share. Approving of the distribution of costs presented by the Public Works Director, Mr. Brown moved, seconded by Mr. Carlisle to approve the Stockwell Latecomers Agreement. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. No - Robinette. Motion carried. Bid Award: LID No. 205 Mr. Gordon Bruchner, City Engineer, presented the bid tabulations received on the 13th Street paving project/LID No. 205. The low bid was received from Lakeside Industries in the amount of $94,731.25. Mr. Christiansen moved, seconded by Mr. Brown, to award to the bid to Lakeside Industries. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Consent Agenda Voucher Aooroval Mr. Sizemore moved, seconded by Mr. Brown, 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 9, 1997 and October 16, 1997 be approved for payment as of this date, October 20, 1997. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Claims Warrants Oct, 1997: Warrant Numbers 51852 through 52037 in the total amount of $851,294.00 Draw Pavroll Aug, 1997: Warrant Numbers 8933 through 9012 in the total amount of $40,849.00 Council cancelled Warrant Number 47747 in the amount of $80.00 and Warrant Number 51473 in the amount of $50,000.49. Council reappointed Mr. John Curtis and Mr. Brad Snyder to the Board of Adjustment Public Hearina: Vacation of Portion of "U" Avenue Mayor Maxwell opened the Public Hearing for a Vacation Petition submitted by Mr. Thomas Hole to vacate the east 10 feet of "U" Avenue abutting Lot 10, Block 29, Beale's Maple Grove Addition to the City of Anacortes. Mr. Jim Pemberton, Director of Public Works, presented an overhead of this display showing the right-of-way to be vacated. The Board of Adjustment held a Public Hearing on this Petition and recommended conditional approval to Council. The condition providing there was adequate room for the use of semi -trucks to exit onto 34th Street. The turning radius issue was raised by an adjacent property owner, Mr. Robert Paulk. Before public testimony was taken staff clarified that the property in questions is in the R-3 Zone. Mr. Robert Paulk, 413 34th Street, although his engineer was not able to provide the information requested by the Board of Adjustment, he said that his projected use of his property could be limited by this vacation. Mr. Thomas Hole, 419 34th St., the Petitioner, stated that all traffic routed down Fidalgo Bay Road to 35th street with signage prohibiting trucks. Mr. Paulk October 20, 1997 - continued down 34th up alley onto 35th Street with development of "U" Avenue. Mr. Brown suggested that there would be a better turning radius off of "U" Avenue. There were no further comments. Mr. Petrish asked if property owner notification was conducted and if there were other comments. There were none. Mr. Carlisle moved, seconded by Mr. Petrish, to continue this Public Hearing table decision on this Petition until the November 17th meeting. Mr. Christiansen asked that, in addition to the maps provided, staff prepare a drawing showing the zoning boundaries, width of the platted rights-of-way. Mr. Sizemore asked that the type of trucks clarified. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Water Rate Studv Consultant Selection . Mr. George Khtaian, Finance Director, presented the four responses to the RFP for the three- year period 1998-2000 for the water rate study. Staff recommends Council accept the low bid of R.W. Beck. Mrs. Robinette clarified that the new pipeline considerations will be included in this study. Mr. Carlisle clarified the representation on the Citizens Advisory Committee will include members of the City Council. Mr. Sizemore moved, seconded by Mr. Christiansen, to accept the R.W. Beck & Associates bid of $24,600. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Resolution: 1998 Preliminary Property Tax Levv Reauest Mr. George Khtaian, Finance Director, presented a Resolution to Council that would authorize preliminary property tax levy estimates to be submitted to Skagit County Commissioners. Mr. Khtaian emphasized that this is only a preliminary calculation. The final property tax levy will be brought back to Council at the time of Budget approval. Mayor Maxwell .drew attention to paragraph 3 of the Resolution which states that if ballot measure E911 is approved by voters in November, the City's general purpose levy will be reduced accordingly. Mr. Christiansen highlighted that, based on action taken by Skagit County, he will support a 6% levy increase; however, he objected to the addition of the Resolution's E-911 proviso. Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Resolution No. 1454. Vote: Ayes - Brown, Robinette, Rock, Carlisle, Petrish, Sizemore. No - Christiansen. Motion carried. Pr000sed Sanitary Rates (_Draft Ordinance for reviewl Mayor Maxwell presented a draft Ordinance to Council that would incorporate proposed sanitation rate increases. Mr. Jim Pemberton, Director of Public Works, pointed out that review of this Ordinance will take place at the October 27th Study Session. Mr. Christiansen reported on the committee research and study on the rate structure including development of parity for the various sizes of cans to equate volume to weight and also to ensure that cost of the dumpsters is built into the rate structure. Resolution: Ao_ oointment of a Tourism/2% Committee Mayor Maxwell explained that the following tasks are before Council: (1) appoint a Council Committe to allocate the existing 2% money (2) appointment of a committee to oversee an additional 2% Sales Tax of Lodging, (3) committee to then review an Ordinance implementing the additional 2% for proposed Council approval. For the existing 2% allocation of funds Mr. Christiansen, Mr. Petrish, and Mayor Maxwell will serve on the Council Committee. Mr. Ian Munce, Planning Director, then summarized next year's task to increase revenue and maintain and expand ridership for the Anacortes Ferry run, a task calling for a major marketing effort. Mr. Munce then detailed the proposed strategy called for to accomplish this task including increased tariffs and promotion of the run. At the conclusion of Mr. Munce's summary, Mr. Christiansen moved, seconded by Mr. Rock, to adopt Resolution No. 1455 naming Bill Carlisle, Chairman, Glenn Greathouse, Ian Munce, Duncan Frasier, Dennis McIntyre and John Spaulding as Lodging Tax Advisory Committee members. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Mr. Munce then explained that this Lodging Tax Advisory Committee will meet to review an Ordinance levying a special excise tax of 4%. The Ordinance shall create a special fund to be used solely for the purpose of paying all or any part of the cost of tourist promotion, acquisition of tourism -related facilities, or to pay for any other uses as authorized in RCW Chapter 67.28. The Committee will then bring the Ordinance to Council with recommendations for Council action. 1335 October 20, 1997 - continued Fidalao Bav Consultant Mayor Maxwell reported to Council that two proposals were received for the Implementation of Large -Scale Eelgrass Replacement Demonstration Project: Pentec Environmental and Battelle. The Mayor then summarized the proposals and further explained that the proposals were reviewed by the Mayor and Council Committee (Mrs. Robinette, Mr. Brown, and Mr. Christiansen). Mrs. Robinette summarized her reasons for recommending Battelle emphasizing that Battelle would present a better image of an objective scientific approach. After discussion, Mr. Petrish moved, seconded by Mr. Brown, to select Battelle as the consultant on the Large - Scale Eelgrass Replacement Demonstration Project. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Closed Record Hearina - The Meadows Preliminary Plat Mayor Maxwell announced that this matter will be continued to Monday, November 17, 1997. There being no further business the meeting was adjourned at approximately 9:45 p.m. eorg htaian, H4 CI k -T as r H. Dean Maxwell, Mays Councilmember November 3, 1997 Mayor Dean Maxwell called the meeting of November 3, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Nick Petrish. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mrs. Robinette discussed action taken by Council on October 20th to form a sub -committee to oversee the distribution of the 2% tourism grants. Consensus was that the minutes reflect action taken. Mr. Christiansen asked that the motion and second regarding the 1998 Preliminary Property Tax Levy Request Resolution be corrected to read: "Mr. Brown moved, seconded by Mr. Carlisle..." With that correction, Mr. Brown moved, seconded by Mr. Rock, that the minutes of October 20, 1997 be approved as if read. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell asked the Public Works Director, Mr. Jim Pemberton and the Wastewater Treatment Plant Manager, Mr. John Franz, to step forward. The Mayor then read from a letter from the Department of Ecology (DOE) complimenting the City Wastewater Plant's exemplary compliance record. DOE issues awards to communities for operating their facilities efficiently and therefore protecting the waters of Washington State. Special recognition is also given to the Plant's certified staff. With appreciation the Mayor presented the DOE plaque to Mr. Franz. The Mayor then introduced Mr. Bob Vaux as his selection for the Mayor's Employee of Merit Award. Mr. Vaux, Operations/Forestlands Manager, received a gift certificate and commendation for his efforts during the Parks Department reorganization. The Mayor said, in part, "You are the kind of employee I take pride in recognizing for your efforts." The Mayor announced the Budget meeting schedule as follows: November 5, 1997 at 7:00 p.m., Wednesday, November 13, 1997 at 7:00 p.m., and November 19, 1997 at 7:00 p.m. Mrs. Robinette and Mr. Petrish have schedule conflicts for the November 5th meeting. Mr. Sizemore said that the Public Safety Committee meeting would like to meet with the Public Safety Department prior to the November 5th meeting. The Mayor concluded this segment of the meeting by announcing that it was Planning Director Ian Munce's birthday. The announcement was followed by an audience rendition of "Happy Birthday to You". Consultant Contract: Library Services Mayor Maxwell presented the Library Consultant Services contract between the City of Anacortes and David R. Smith, consulting Librarian. This contract scope of work involves assessment of the Anacortes Public Library service and space needs and evaluation and recommendation of alternatives. The contract has been reviewed in Council Study Session. Mrs. Robinette moved, seconded by Mr. Rock, to authorize the Mayor to enter into the Agreement for Consultant Services, with David R. Smith, Consulting Librarian. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Sizemore. Motion carried. Consider Acceptance: 1997 Street Work Mr. Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner explained that the various street work projects were awarded to Lakeside Industries; and that the street work projects are complete. Staff recommends that Council accept this project as complete thereby initiating the required 30 -day lien period; if no liens are filed retainage money now held will be paid to the Contractor, Lakeside Industries. Mr. Christiansen so moved, seconded by Mr. Sizemore. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. On a question from Mr. Christiansen, Mr. Bruchner explained the process followed to select streets to be paved. Mr. Brown asked about chip size used on "M" Avenue. Lodaina Tax: 2% for Tourism Promotion: Ordinance Mr. Bill Carlisle, Lodging Tax Advisory Committee Chair, reported on the Committee meeting held on Friday, November 7th. Committee discussion centered around tourism promotion of Anacortes with a tie to the Victoria/Sidney B.C. ferry run. The next meeting will be on November 13, 1997. On the Committee's recommendation, the City Attorney, Mr. Steve Mansfield, presented Ordinance No. 2437, effective January 1, 1998, implementing the special excise tax of 4% on lodging. Mrs. Robinette clarified that this action would represent a 2% increase in the excise tax. Mr. Brown moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2437. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. 1337 November 3, 1997 - continued Museum/Preston: Dry Berth Mrs. Barbara Hansen, President of the Anacortes Museum Foundation, voiced the Foundation's opposition to the possible relocation of the W.T. Preston. The Foundation expressed concern over potential damage to the vessel's historical integrity as well as to the Preston itself. On behalf of the Foundation, Mrs. Hansen urged the Council to move forward on the Dry Berth Stabilization project, in particular, soils testing, the first phase of the project. The Museum has received a grant from the Trust for Historic Preservation and that, together with a gift of $30,000 from an anonymous donor, will be used toward the preservation of the Preston. Ms. Karen Marshall, Museum Director, spoke in detail regarding the Soils Analysis project and the 18 - month project preparation. Ms. Marshall explained that engineering work would follow the results of the soils testing; however, the City has until June of next year to complete the engineering portion of the project. The balance of the projects costs would be obtained through fund raising and budgetary features. Mr. Christiansen asked for a cost comparison of displaying the Preston in the water versus lifting the Preston three feet off of the ground. Ms. Marshall suggested that moving the Preston would cost approximately $1,000,000 and would include loss of grant money with potential damage to the vessel. Mrs. Robinette then referred to an alternate proposal for the development of the Depot, Preston, Port property. The conceptual proposal was made to Council in Study Session. However, in the absence of cost data, Mrs. Robinette suggested moving ahead with the soils analysis. Mr. Sizemore suggested that there was sufficient time before deciding on the soils test to gather more information about the new proposal. Discussion followed. At the conclusion of the discussion Mr. Rock moved, seconded by Mr. Brown, to approve the soils testing phase of the W.T. Preston dry berth improvements. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion' carried. Fireworks Ordinance Mayor Maxwell presented this Ordinance to Council and pointed out that this Ordinance reflects comments and recommendations made by the Council in review of this matter in previous Study Sessions. The City Attorney, Mr. Steve Mansfield, clarified Council questions regarding the transfer of fireworks sold outside the City limits, and clarified the definition of "common" fireworks. Mr. Rock suggested that the City run a public service announcement of the new regulations before the 4th of July. Mr. Sizemore suggested the Council consider ways to fund the community fireworks display. Discussion followed regarding when the sale of fireworks can occur. At the end of the discussion Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2438 regulating and limiting the sale and discharge of common fireworks." Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Acceotance of Improvements: Shin Harbor Slide Repair Mr. Jim Pemberton, Director of Public Works, referenced an October 29, 1997 memo from Mr. Dave Lervik, Staff Engineer. The memo recommends that Council accept as complete the improvements to storm drain system damaged by 1995 winter storms. If accepted this would begin the 30 -day lien period; if no liens are filed retainage now held will be paid to the contractor, Lake Erie Trucking. Mr. Sizemore moved, seconded by Mr. Carlisle to accept this project as complete Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Consent Agenda Voucher Approval 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 October 23, 1997 and October 30, 1997 be approved for payment as of this date, October 20, 1997. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Claims Warrants Nov, 1997: Warrant Numbers 52039 through 52213 in the total amount of $354,691.33 Prewritten Claims Oct, 1997: Warrant Numbers 51619-51620, 51847-51851, 52038 in the total amount of $8,405.09 Council confirmed the appointment of Mr. Alan Mazonson to the Park Board November 3, 1997 - continued Public Hearina: Vacation of Portion of 38th Street and "V" Avenue Mayor Maxwell opened the Public Hearing for a Vacation Petition submitted by Darlene Mansur and Marguerite Moen for the vacation of a portion of 38th Street and "V" Avenue. Mr. Jim Pemberton, Director of Public Works, presented an overhead display showing the area proposed for vacation. He also referenced the petition, letters, drawings and Board of Adjustment recommendation forwarded to Council for review on this matter. The Board of Adjustment, after a duly held public hearing, voted to recommend approval of the vacation as presented. Mr. Pemberton then explained that about 10 years ago a structure was built in the street right-of-way, the original owner is now deceased, and the vacation will aid in clearing the title for the estate. Mrs. Marguerite Moen, 3801 Terrace Drive, supports the vacation and will quit claim any interest in "V" Avenue to the estate that she may have should the vacation be approved. Mr. Pemberton then presented overhead photo displays showing the garage encroachment, topography, and area to be vacated. Mrs. Marguerite Moen, 3801 Terrace Drive, was available in the audience for any questions from, Council. There being none, the Mayor declared the Public Hearing closed. Council discussed potential street improvements if right-of-way is vacated. After discussion, Mr. Carlisle moved, to approve the petition to vacate a portion of 38th Street and "V" Avenue. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. Motion carried. Contract Aooroval: Guemes Channel/N Avenue Park Plannina Mr. Gary Robinson, Director of Parks and Recreation, presented an Agreement for Services between the City of Anacortes and Susan Black and Associates, Inc. The scope of services is for design planning for the Guemes Channel and "N" Avenue Parks. On a question from Mr. Sizemore, Mr. Robinson said that the first preliminary conceptual plan for "N" Avenue would be ready in a couple of months and that the preliminary plans for both parks would be brought to Council for review. With that, Mr. Sizemore moved, seconded by Mr. Rock, to authorize the Mayor to enter into an Agreement with Susan Black and Associates, Inc.. Vote: Ayes - Robinette, Rock, Carlisle, Sizemore, Brown, Christiansen. Motion carried. There being no further business at approximately 9:15 p.m. the meeting was continued to Monday, November 10, 1997 at 7:30 p.m. to conduct a Public Hearing on the Fidalgo Bay Plan. le'all -rg Ad a , Ci erk- reasurer H. Dean Maxwel Mayor L 1 Councilmember 1339 Continued Meeting of November 3 -- November 10, 1997 Mayor Dean Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Under Citizen Hearings, Mr. Joe Park made a brief presentation on the need to staff the West End fire station. Mr. Park explained how he and others had worked for many years to design and then secure funding for the West End fire station. Mr. Park added that it was now time to begin staffing this station. The Chair then opened a public hearing on the proposed Fidalgo Bay Sub -Area Plan. The Planning Director submitted an October 6, 1997 memorandum that explained the process followed to date. With this memorandum he transmitted 32 exhibits together with the Planning Commission Minutes of October 8, October 22, and October 29. Mr. Munce pointed out that at their October 29 meeting the Planning Commission had agreed upon a proposed new set of waterfront zones together with new waterfront designations. This zoning proposal was labeled Exhibit #33 and the accompanying zoning map labeled Exhibit #34. The Planning Director explained the process in developing the Sub -Area Plan to date. Mr. Munce submitted Exhibit #35, an aerial photograph of Fidalgo Bay property between approximately 12th and 28th Streets. Mr. Dan Dingfield, representing MJB Properties, presented a series of factual considerations, a summary of recommendations, and a "Fidalgo Bay Plan Preferred Alternative Development Scenario: Marine Mixed Use"; the two-page written material accompanying Mr. Dingfield's remarks is included as Exhibit #36. Mr. John Killingsworth, representing DCI, spoke out against the Planning Commission's recommendation and the Planning Director's characterization of planning background. Ms. Carol Ehlers submitted an environmental report entitled "Protection and Restoration of Marine Life in the Inland Waters of Washington State, May 1997." Ms. Ehlers reviewed some of the key concepts in this report; included as Exhibit #37. Ms. Jean LaRue argued that no residential uses should even be considered for the property north of the plywood mill site along the Fidalgo Bay waterfront. Mr. Don Yankacy submitted a petition opposing MJB's rezone; this extensive petition is filed separately and labeled Exhibit #38. Mr. Yankacy urged the Council to retain the current industrial zoning. Mr. Jim Wells, representing Haggens, stated that Haggens was interested in constructing a new grocery store in Anacortes. This store would involve a $10 million capital investment, 200 employees (60 full- time), a $2.5 million payroll, and 60,000 square feet of retail floor space. Mr. Wells added that that Haggens' research showed that there was considerable retail leakage out of town and that the City's share of the sales tax generated from the proposed Haggens store would approximate $100,000 a year. Mr. Rick Aschieris, Executive Director of the Port of Anacortes, requested that the City Council approve a planning and zoning proposal that provided the Port with the maximum amount of flexibility in and around the Cap Sante Marina. Ms. Cynthia Richardson, a Planning Commission member, explained the approach that the Planning Commission had taken to date. Mr. Rich Stockwell described the status of his proposal for a marina at Weaverling Spit, submitting Exhibit #39 (an October 17, 1997 letter from his attorney to the Washington State Department of Ecology). Mr. Stockwell urged that the Sub -Area Plan provide for 400 marina slips at Weaverling Spit. Mr. John Prosser spoke in favor of residential mixed use along the Fidalgo Bay waterfront. Mr. Ross Barnes stated that there were major problems with the planning approach but that the proposed mitigation framework was useful. Mr. Barnes added that the Planning Commission proposal filled in some of the gaps that had existed in the Fidalgo Bay Sub -Area Plan. The Mayor then continued this public hearing to Tuesday, November 18 at 7:30 p.m. The location of the meeting will be determined at the November 17 City Council meeting which will be formally continued to November 18 to allow for this continued public hearing and then continued once more to November 25, 1997. The meeting adjourned at approximately 10:30 p.m. l 114 .4 ?100 au. 2(4 - org htaian, Cit Cler -Tr sure H. Dean Maxwell, May Councilmember x.34® November 17, 1997 Mayor Dean Maxwell called the meeting of November 17, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of November 3, 1997 be approved as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas Mr. Tom Preston, 1905 Anacopper Road, recommended that Council postpone The Meadows Preliminary Plat closed record meeting. The Mayor said that, as this is an agenda item, Mr. Preston should bring his request to the Council at that time. In answer to a question from Mr. Malcolm Lorente, the City Attorney, Mr. Steve Mansfield, explained that compensation is required for vacated right-of-way. Mavor/Council Communication Mayor Maxwell then read a Proclamation proclaiming November 22 - 29, 1997 as Family Week and urged all citizens to join together to strengthen their home life. Representatives from the Church of Jesus Christ of Latter Day Saints presented a similar Proclamation to the Mayor and Council. Mrs. Robinette reported that the 13th Street LID paving improvements are complete and recommended that any citizens contemplating participation in an LID should make a site visit to this new roadway. The Mayor announced that this evening's meeting would be continued to Tuesday, November 18, 1997 at 7:30 p.m. at the South Harbor Park meeting room to conduct a Public Hearing on the Fidalgo Bay Subarea Plan. Industrial Discharae Aareement - Trident Seafoods Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Pemberton reviewed the 1993 industrial discharge agreement between the City and Trident Seafoods that established discharge parameters and a 2 -year schedule for reduction of those parameters. As a result of the Trident and City review held at the end of that 2 -year period it was concluded that Trident will be unable to further reduce those parameters and as a result have requested additional capacity. Council and staff have been reviewing the contents of a new agreement with Trident since March of this year including Trident's request for additional 66 Equivalent Residential Units. Mr. Pemberton answered questions from Council regarding future modifications to the contract, pretreatment, penalties for violation, and payment of the general facilities charge over a 5 -year period. At the conclusion of the discussion, Mr. Petrish moved, seconded by Mr. Carlisle, to approve the Industrial Wastewater Discharge Agreement (updating and replacing a June, 1993 agreement) between the City of Anacortes and Trident Seafood Corporation. Mr. Pemberton pointed out that, if approved, a Resolution would be brought back to Council at the next meeting authorizing the execution of the agreement. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Sanitation Rates - Ordinance Mr. Jim Pemberton, Director of Public Works, presented this item to Council. He explained that Council previously reviewed a draft Ordinance prepared by the Finance Department. The draft Ordinance incorporates rate increases developed through work done by a sub -committee of the Council and the Finance and Public Works Directors. The Ordinance now before Council reflects modifications recommended regarding recycling text/payments and temporary container charges. Mr. Carlisle attempted to discuss rates for those customers whose pickup route falls on a Monday, a day typically assigned to celebrate various holidays throughout the year. Mayor Maxwell offered to discuss this with Mr. Carlisle at another time. Mr. Christiansen then reviewed the work accomplished by the Rate Committee. Mr. Brown emphasized that more information be made available to the public regarding the % of customer/subscription recycling rates. With the suggestion that "(32 gal. max.)" be added to the information on 1 -can rates, Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2439 entitled "An Ordinance Setting Fees for Pickup of Residential and Commercial Refuse and Yard Waste, Providing Definitions, and Repealing Ordinances No. 2083, 2303, 2317, 2426, 2428, and 2436, and Resolution No. 1254." Vote: Ayes - Brown, Christiansen, Robinette, Rock, Petrish, Sizemore. No - Carlisle. Motion carried. 1341 November 17, 1997 - continued Consideration of Bids for Linina WWTP Outfall Line Mr. Gordon Bruchner, City Engineer, presented the bids received for lining the Wastewater Treatment Plant effluent discharge line. The low bid was received from CJ's Construction Services, Kent, Washington, in the amount of $73,335.00. Mr. Bruchner described the current condition of the line, described other projects performed for the City by CJ's Construction, and discussed the work schedule. Staff recommends that Council award the bid to CJ Construction. Mr. Sizemore so moved, seconded by Mr. Brown. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Consent Agenda Voucher Aooroval Mrs. Robinette moved, seconded by Mr. Petrish, 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 6, 1997 and November 13, 1997 be approved for payment as of this date, November 17, 1997. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Claims Warrants Nov, 1997: Warrant Numbers 52219 through 52346 in the total amount of $627,381.56 Payroll Oct, 1997: Warrant Numbers 9013 through 9185 in the total amount of $340,651.36 Council adopted Ordinance No. 2440 reflecting action previously taken by Council to vacate a portion of "V" Avenue and 38th Street Council cancelled Claims Warrant No. 52039 in the amount of $93.88 Continued Public Hearina: Vacation of Portion of "U" Avenue Mayor Maxwell re -opened the Public Hearing on a Vacation Petition submitted by Mr. Thomas Hole to vacate the east 10 feet of "U" Avenue abutting his property at Lot 10, Block 29, Beale's Maple Grove Addition, generally south of 34th Street at "U" Avenue. The property is zoned R 3. At the October 6th hearing on this matter, Mr. Robert Paulk, 413 34th Street registered an objection stating that the vacation could potentially obstruct truck egress from the alley. At the October 6th meeting Council requested specific information from Mr. Paulk and from the City's engineering department. Using overhead displays, Mr. Pemberton addressed those issues raised by Council. He highlighted the area zoning, and alley and right-of-way dimensions. The west 10' of this right-of-way was previously vacated by Council and should Mr. Hole's petition be granted 60 feet of right-of-way would remain. Mr. Pemberton also viewed Mr. Paulk's schematic showing 50' radius required for practical turning of a 55' vehicle. Also displayed were photographs of the area's existing structures and alleyway. Mr. Robert Paulk, 413 34th St., reviewed the turning radius drawing with Council and also discussed the nature of his business that would require truck traffic in the alley. The drawing shows proposed truck route as east to west down the alley and north on "U" Avenue to 34th Street. Mr. Thomas Hole, applicant, pointed out that there are no improvements on "U" Avenue and that there would be no area available for truck parking. Mr. Paulk said that he would have to redesign his proposed business if alley access was not available. Mr. Paulk also said that he would pay for alley and "U" Avenue improvements. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Petrish commented that there was insufficient information available on Mr. Paulk's proposed business. Mrs. Robinette spoke in support of the Industrial Zone uses. On a question from Council Mr. Pemberton explained that an improved 60' wide street and the use of an alley for semi -truck and trailer are both unusual conditions. Mr. Sizemore spoke in favor of a site visit, while Mr. Rock requested more information on the potential use of Mr. Paulk's property. Mr. Brown inquired about the paving improvements to the alley and to "U" Avenue. The Planning Director, Mr. Ian Munce, suggested that there would be a staff site plan review when Mr. Paulk submits his development plans. Decision would be made at that time as to the size and nature of the business. The site plan information could also be made available to Council for further review on this vacation request. On a question from Mrs. Robinette, the City Attorney, Mr. Steve Mansfield, discussed the use of an easement and partial vacation as alternatives. With that, Mr. Rock moved, seconded by Mr. Sizemore, to table this matter until Mr. Paul has submitted his site plan and additional information is made available to Council. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. i November 17, 1997 - continued Closed Record Meetina: Preliminary Plat: The Meadows Mr. Christiansen stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, first summarized the format for review of the Preliminary Plat application submitted by Mr. Kelly Larkin to develop "The Meadows", a 20 -lot subdivision located south of and adjacent to the Plat of Copper Pond. All the testimony on this project was submitted during the Planning Commission public hearing on this matter. The transcript and all attachments from that public hearing have been forwarded to Council for review. Two appeals were submitted. Mr. Munce then reviewed the site location and proposed cul-de-sac configuration and surrounding project development including the Malo project to the east and the Scott property to the south, including the Scott's boundary line adjustment showing a 25' dedication for access. Mr. Munce discussed the Comprehensive Plan policy for the City to develop street connections where reasonable and practical. In keeping with that policy, the Planning Commission reviewed the project's immediate access to the site and discussed future access to the south. Two appeals were filed. Mr. Munce then further explained that Planning Commission recommended that the 25' strip be improved for emergency access as part of this project although neighbors testified against any additional street connection. This recommendation might involve moving the proposed cul-de- sac to the southwest corner of the property so that there would be 50' of cul-de-sac frontage on the south property line. Planning Commission recommended that an effort be made to provide for two future street connection possibilities. However, Mr. Munce reported that at the November 12th meeting, the Planning Commission reconsidered its action previously taken and with a 4-2 vote recommended approval of the original "Meadows" -project design as recommended by staff. The review now before Council now relates to which design is appropriate for this area. The access issue involves the first appeal from Mr. and Mrs. Thomas Preston. The second appeal is in regards to the wetland delineation as submitted by the applicant; the appellant is Mr. Ross O. Barnes. With the wetland report submitted by Mr. Larkin, the application was accepted by staff as complete; however, as a result of a more extensive review the applicant was asked to obtain full wetland delineation. The applicant hired a second consultant who also said that the area (highlighted in Mr. Barnes' appeal) was not a wetland. Mr. Barnes has appealed the Planning Commission decision to accept the wetland delineation report. On a question from Mrs. Robinette, Mr. Munce explained that the City now follows the 1987 Corps of Engineers Wetland Manual while previoulsy having used the 1989 Corps Manual, Mr. Munce concluded by saying that there has not been any uphill development activity that might affect the drainage in this area. Addressing the Council first, Mr. Tom Preston, 1905 Anacopper Road, recommended postponement of the Council's deliberations on this matter since there have only been 3 working days since the November 12th Planning Commission decision. More time is needed for preparing an appeal. Mr. Preston then reviewed his proposal for a 50' turnaround south of the proposed cul-de-sac. Up next, Mr. Ross O. Barnes, 104 Harbor Lane, submitted a letter summarizing the reasons for his appeal. Mr. Barnes said that he had been hired as a consultant to prepare a wetland reconnaissance of the proposed golf course project including the property included in The Meadows design. He then submitted a letter from the Department of Ecology (DOE) stating that DOE had received a complaint regarding The Meadows wetland report and requesting that the City arrange for a site visit. Mr. Kelly Larkin, applicant, outlined that conditions were not present to label the Wetland # 7 area as a jurisdictional wetland and so urged Council to move forward with decision on this project. Mr. Larkin explained that based on request from staff, he had hired a second consultant, who again reported that the conditions did not exist to label this a jurisdictional wetland. Mr. Larkin then hired a third consultant confirming the first two consultant conclusions. He then reviewed the development of Tract J off of the Copper Pond project as access to the Meadows and spoke in favor of the original cul-de-sac configuration. Council discussion followed. Requesting an additional two weeks to review all the material presented, Mrs. Robinette moved, seconded by Mr. Sizemore to continue this matter to December 1, 1997. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Robinette, Rock. Motion carried. Mr. Christiansen returned to his seat. Storm Drainaae Ordinance Mr. Dave Lervik, Staff Engineer, presented Council with the Storm Drainage Ordinance for approval. Mr. Lervik reviewed the changes made to the Storm Drainage Ordinance as a result of the Council Study Session on this matter. Mrs. Robinette and Mr. Christiansen discussed changing the title of "Section 21: Variance" to "Waiver". Mr. Christiansen recommended that under Modifications section "chapter" should be changed to "ordinance", and Mrs. Robinette recommended that notice be given to Council of staff intent to issue a waiver. Discussion followed regarding the exemption section. With those recommended changes, Mrs. Robinette 1343 November 17, 1997 - continued moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2441 entitled, "An Ordinance Establishing Drainage Requirements and Regulations, Providing Definitions and Establishing Permit Procedures". Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. motion carried. Petroleum Coke Advisory Committee Recommendation Mayor Maxwell introduced the "Interim Report on the Petroleum Coke Sampling Program and Industry Improvements" for acceptance by Council. The Mayor, listing the members of the Petroleum Coke Advisory Committee, reported that the Committee recommends acceptance of the report. He then briefly mentioned the environmental concerns that brought about this community and industry review and then outlined the improvements made to date. The Mayor then introduced Mr. Jeff Mussen, Texaco, who thanked the Mayor and City for participating in this review process and further outlined the improved management practices to control the environmental impacts of transshipment of petroleum coke. Mr. Mussen also reported that further reports would be brought back to Council for review and approval. With that Mr. Sizemore moved, seconded by Mr. Rock, to accept the Interim Report on the Petroleum Coke Sampling Program and Industry Improvements. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. There being no further business at approximately 10:30 p.m. the meeting was continued to Tuesday, November 18, 1997 at 7:30 p.m. at the South Harbor Park meeting room, to conduct a Public Hearing on the Fidalgo Bay Subarea Plan. on—'khtaian, Cify CI k- eas er H. Dean Maxwell, Maya( Councilmember November 18, 1997 (Continued from November 10, 1997 closed) Minutes of Previous Meetinq All the Council Members and the Mayor were present. Mavor/Council Communications The Mayor and Council informally discussed with those present the various options under the Fidalgo Bay Plan. These proceedings are on tape and are filed at City Hall. No action was taken. At approximately 9:30 p.m., the public hearing was continued to Tuesday, November 25, 1997 at 7:30 p.m. in the Municipal Building Council Chambers. Us,]. A A M On 19J. A +, 0 � 11, P I �v orTehtaia-n-,-eity CI rk- eas er H. Dean Maxwell, Maxdr aA Councilmember 1344 December 1, 1997 Mayor Dean Maxwell called the meeting of December 1, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Jeanne Robinette. Absent: Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of November 10, 1997, November 17, 1997, and November 18, 1997 be approved as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Carlisle. Motion carried. Councilmembers asked the Planning Director to review the sales tax figures on page 1 of the November 10th minutes. Citizen Hearinas No one present wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell introduced members of Den 6, Pack 84 of the Cub Scouts. The Den 6 members were in the audience as part of their citizenship merit badge effort. The Mayor then announced that there would be a Water Rate Study meeting on Tuesday, December 9, 1997 at 7:00 p.m. in the Municipal Building Council Chambers. At that time and place Councilmembers Rock, Christiansen, and Brown will meet with R.W. Beck. Councilman Carlisle requested that the next Study Session agenda include a discussion on the City's sanitation holiday pickup schedule. Task 4 Authorization - IFIM Mr. Jim Pemberton, Director of Public Works, presented a November 24, 1997 memorandum to the Council on the Skagit River Instream Flow Study. Mr. Pemberton explained that in 1996, the Council contracted with Cascade Environmental Services to prepare an Instream Flow Study on a portion of the Skagit River. This Instream Flow Study was initiated through a Memorandum of Agreement between the City, Skagit County Public Utility District # 1, Skagit tribes and various state agencies. Tasks 2 and 3 have been completed and Task No. 4 is now before Council for authorization to proceed. Mr. Pemberton then introduced Mr. Pete Rittmueller of -CES. Mr. Rittmueller discussed the Skagit River data analysis prepared to date. With that Mr. Carlisle moved, seconded by Mr. Sizemore, to authorize Cascade Environmental Services to proceed with Task 4 of the IFIM. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Carlisle, Petrish. Motion carried. 2% Tourism Promotion Allocations Mayor Maxwell presented the recommended allocation list for the 1998 tourism funding. All applications were reviewed by the Tourism Sub -Committee. The recommended allocations are: Chamber of Commerce, Visitor Information Center, $32,000; Chamber of Commerce, State Lodging and Travel Guide, $6,300; Museum, Marketing Program, $7,247; Museum, Exhibitions, $2,000; San Juan Challenge, Race and Expo, $2,000 (advertising only); Sister Cities Association, Festival Brochure, $2,200; Skagit Symphony, Concert Weekend, $1,000; Tulip Festival, Festival, $500 (advertising only). Mrs. Robinette asked to receive a summary of the applications. Mr. Christiansen reviewed the criteria for selection. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the Tourism Sub -Committee funding allocations for 1998. Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Petrish, Sizemore. Motion carried. Continued Closed Record Meetina: The Meadows Mr. Christiansen stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, introduced this item to Council. Mr. Munce explained that the Planning Commission held a Public Hearing on the Larkin 20 -Lot Preliminary Plan known as the Meadows. The City Council reviewed the matter in a closed record meeting on November 17, 1997 and continued deliberation and decision so that Council could further review the appeal and amended appeal filed by Mr. and Mrs. Tom Preston and the appeal filed by Mr. Ross O. Barnes. Mrs. Peggy Preston, 1905 Anacopper, appellant, introduced Mr. Alan R. Souders, Attorney at Law, who then spoke on behalf of the Prestons. Mr. Souders explained that the Prestons are appealing the Planning Commisssion recommendation regarding the Meadows site plan which would require future right-of-way development to the south on Preston property. A review followed of development action taken on Copper Pond to the north and the Scott property to the east. Mr. Souders then pointed out that the 25' emergency access required through the Scott property would force the Prestons to use their land for the remaining required roadway should 1345 December 1, 1997 - continued development occur. Mr. Souders proposed two alternatives: (1) 50' right of way through the Scott property; (2) a temporary turn -around at the end of The Meadows right-of-way. In conclusion, Mr. Souders spoke to the need for a road layout that would not unduly burden his client. Council discussion followed. The implications of each of the development proposals were reviewed. Mrs. Robinette discussed the need for truck access in this area. In response to comments from Mr. Carlisle, -the Planning Director pointed out that this project configuration as conditioned completely supports Council direction to provide access alternatives for new developments. After lengthy discussion, Mrs. Robinette moved, seconded by Mr. Sizemore, to approve The Meadows preliminary plat application as conditioned, including the provision that property be set aside for future access to the south. Vote: Ayes - Sizemore, Brown, Robinette. No - Carlisle, Petrish. Motion carried. As a result of this Council action Mr. Carlisle moved, seconded by Mr. Brown, to grant the Preston appeal as modified. Vote: Ayes - Petrish, Sizemore, Brown, Robinette, Carlisle. Motion carried. On procedural grounds, Mr. Brown moved, seconded by Mr. Sizemore, to deny the Barnes wetland appeal. Vote: Ayes - Sizemore, Brown, Robinette, Carlisle, Petrish. Motion carried. Mr. Munce then explained that the Findings of Fact would be brought back to Council on December 15th for final approval. The applicant will provide a drawing reflecting the action taken by Council. Mr. Christiansen returned to his seat. Resolution: Discharae Aareement with Trident Seafoods Mayor Maxwell presented a Resolution and Industrial Wastewater Discharge Agreement between the City of Anacortes and Trident Seafood Corporation for treatment in the City's secondary wastewater treatment facility. Pointing out that this has been reviewed in Study Session, Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Resolution No. 1456 entitled "A Resolution Authorizing Updating and Replacing of a June, 1993 Industrial Waste Discharge Agreement with Trident Seafoods Pursuant to City Resolution No. 1271." Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Petrish, Sizemore. Motion carried. Consent Agenda Voucher Aaaroval Mr. Christiansen moved, seconded by Mr. Petrish, 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 20, 1997 and November 26, 1997 be approved for payment as of this date, December 1, 1997. Vote: Ayes - Christiansen, Robinette, Carlisle, Petrish, Sizemore, Brown, Motion carried. Claims Warrants Dec, 1997: Warrant Numbers 52349 through 52542 in the total amount of $270,783.93 Payroll Nov, 1997: Warrant Numbers 9267 through 9435 in the total amount of $337,022.22 Draw Payroll Nov, 1997: Warrant Numbers 9186 through 9266 in the total amount of $41,549.00 Council adopted Resolution No. 1457 setting January 5, 1998 as the Public Hearing date on a Petition to vacate portions of "B" Avenue, "C" Avenue, and 36th Street Pavroll Warrant Cancellation Mr. Carlisle asked that this item be removed from the Consent Agenda. Mr. Carlisle moved, seconded by Mr. Brown to cancel Payroll Warrant # 9266 in the amount of $250.00. Mr. Carlisle thanked the employee for participating in direct deposit payroll. Vote: Ayes - Robinette, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Water Revenue Bond Refundina Ordinance Mayor Maxwell announced that this matter would be held over to Monday, December 8, 1997. Public Hearina: 1998 Budaet Mayor Maxwell opened the Hearing to take public comment on the proposed 1998 City of Anacortes Budget. Mr. George Khtaian, Finance Director, reported that the budget now before Council incorporates changes recommended at a previously held Council Study Session. The modifications were made primarily to the water and sewer fund capital outlays. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mrs. Robinette then focused her comments on the reduction of the General Fund by 1 %. The Mayor 11011111 t :+ December 1, 1997 - continued said that methods to increase General Fund revenues will be developed. Discussion followed regarding contingency reserves, emergency reserves, and population growth. Mr. Christiansen discussed the Budget's FTE chart, the mill rate in Skagit County, Museum improvements, adding a chart to show total dollars to support FTE's, and Teamster wages. With the recommendation that Council review the Budget in March of 1998, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2442 entitled "An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 1998". Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. 1998 Property Tax Levy Mr. George Khtaian, Finance Director presented two Resolutions to Council for approval. The first Resolution contains language to lift the "limit factor" allowing levy increase of up to 6%. This Resolution also defines substantial need for this increase. The second Resolution sets the regular base levy at a 6% increase. The Resolutions have been formatted according to Department of Revenue guidelines. With that, Mr. Carlisle moved, seconded by Mr. Christiansen, to adopt Resolution No. 1458 entitled "A Resolution of the City Council of the City of Anacortes, Increasing the City's 1998 Regular Levy above the 'Limit Factor"'. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Carlisle. motion carried. This action was followed by Mr. Christiansen's motion and Mr. Brown's second to adopt Resolution No. 1459 entitled" A Resolution of the City Council of the City of Anacortes, Increasing the City's Regular Levy for 1998 from what was Levied for 1997." Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Carlisle, Petrish. motion carried. Public Hearina Development Reaulations Mayor Maxwell opened the Hearing to take public comments on proposed development regulations and Comprehensive Plan amendments. Mr. Ian Munce, Planning Director, reviewed action taken to date on'the annual review incorporating Council and public suggested modifications to the Zoning and Subdivision Ordinances and to the Comprehensive Plan. Hearings were held and State Agencies were notified of proposed amendments. This Hearing is for final review and comment. Mr. Munce then briefly discussed each of the proposed changes together with the subdivision and zoning clarifications developed by Mrs. Robinette and the Staff Engineer, Mr. David Lervik. At the conclusion of discussion on wetland regulations, existing plats and vested rights and septic systems, Mr. Munce announced that an Ordinance reflecting these modifications would be brought back to Council for approval. 34thN Place/Waterfront: Independent Remedial Action Program Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce reported that 5,000 cubic yards of material at 34th and "V" Place are contaminated and a disposal method is needed. This property is away from marine waters but is located where "V" Place would be constructed. The proposal now before Council is to finalize the clean-up design acceptable to the Department of Ecology. Implementation of this design would allow the construction of "V" Place. Mr. Munce then presented a Scope of Work from Woodward -Clyde. Discussion followed regarding available DOE funding to do this kind of work. With that Mr. Sizemore moved, seconded by Mr. Carlisle, to authorize the contract with Woodward -Clyde for the Evaluation of Remedial Options and Cleanup Action Plan for hazardous waste remediation at 34th and "V" Place adjacent to the Fidalgo Bay waterfront. Vote: Ayes - Brown, Christiansen, Robinette, Carlisle, Petrish, Sizemore. Motion carried. Storvik Park Plavaround Eauioment Mr. Gary Robinson, Director of Parks and Recreation, discussed the replacement of old Storvik Park playground equipment. Mr. Robinson said that $10,000 has been budgeted for the replacement project. Mr. Robinson, together with a parent group, developed a playground layout that would better suit the children and would include ADA access. Cost information was solicited and vendors responded with a suggested $20,000 overall cost for the project. Mr. Robinson discussed the use of budgeted ADA funds, budgeted replacement moneys and funds raised by the parent group to cover the costs of the proposed improvements. Mr. Robinson requested permission to move ahead with the project so that the equipment can be ordered before anticipated year-end price increases. Discussion followed about what aspect of the proposed playground would be ADA -accessible and proposed ADA improvements in the general park system. Encouraging the use of fund raising assistance from the parent group, Mr. Carlisle moved, seconded by Mr. Petrish, to approve the playground funding request as presented in Mr. Robinson's November 26, 1997 memorandum. Vote: Ayes - Christiansen, Robinette, Carlisle, Petrish, Sizemore, Brown. Motion carried. 1347 December 1, 1997 - continued Park Impact Fee Consultant Contract Mr. Gary Robinson, Director of Parks and Recreation, presented a Professional Services Agreement to the Council for approval. The Agreement between the City and Landerman- Moore Associates is for the preparation of a Parks and Recreation Impact Fee Ordinance and Alternative Funding Methods Analysis. Mr. Robinson then discussed the use of an impact fee to replace the in -lieu of payment method now is use. The contract cost is $5,650. Discussion followed regarding the use of Municipal Research to gather similar information. On a question from Council, Mr. Ian Munce, Planning Director, explained the imposition of a park impact fee during the platting process and the importance of development of an equitable fee program, collection at project or permit stage. Mr. Christiansen discussed the overall value of required plat open space and spoke in favor of collection at permit stage. Mrs. Robinette suggested that information be gathered in-house. Mr. Munce emphasized the number of person hours necessary to develop the impact fee information/ordinance in a legally defensible way. With that, Mr. Carlisle moved, seconded by Mr. Brown, to enter into a Professional Services Agreement with Landerman-Moore Associates for the impact fee preparation project. Vote: Ayes - Robinette, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Firefiahter's Contract Approval Mr. Carlisle moved, seconded by Mr. Brown, to approve the contract between the City of Anacortes and Local No. 1537 International Association of Firefighter's. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. At approximately 11:00 p.m. the Mayor announced that this meeting would be continued to Monday, December 8, 1997 at 7:30 p.m. to further discuss the Fidalgo Bay Sub -Area Plan (continued Public Hearing). I . T'. Z..�_7 G rge16ian, Ci Cle k-Tirfias*r H. Dean Maxwell, May r Councilmember Continued Meeting of December 1, 1997 -- December 8, 1997 Mayor Maxwell called the Continued Meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ken Brown, and Bill Carlisle. Absent: Ray Sizemore. After discussion with the Finance Director and representatives of Seafirst Bank, the City Council reviewed the opportunity to refinance existing Water Revenue Bonds. After discussion, Mr. Christiansen moved that the City Council approve Water Revenue Refunding Bonds Ordinance No. 2443 together with the associated purchase contract. The motion was seconded by Mr. Rock. Vote: Ayes - Rock, Petrish, Robinette, Christiansen, Brown, and Carlisle. The motion passed. The Mayor then re -opened a continued public hearing on the Fidalgo Bay Sub -Area Plan. Ms. Robinette introduced an expanded proposal and discussed this in detail with the City Council and audience. Mr. Rich Stockwell reminded the Council that he had a permitted marina in Sub -Area 4, that the marine slip allocation for Sub -Areas 3 and 4 should be combined, and that the reference to "small boats" should be changed simply to "boats". Mr. Ross Barnes spoke in general support of Ms. Robinette's proposal. Mr. Barnes stated that the current zoning language should refer to "standard gauge rail use" and not "possible rail use", and that property adjacent to the railroad corridor should include covenants recognizing the existence of the adjacent corridor. Mr. Rich Aschieris, Executive Director of the Port of Anacortes, stated that he generally liked the flexibility presented in Ms. Robinette's proposal but would like to add some more comments next week. Mr. Dan Dingfield, representing MJB Properties, stated that his group could work with the basic Council position outlined November 24 -but would submit detailed comments next week on Ms. Robinette's expanded proposal. There being no further comment, this public hearing was continued to the next regular Council meeting, December 15, 1997 at 7:30 p.m. in the Municipal Building Council Chambers. The meeting adjourned at approximately 8:30 p.m. Dean Maxwell, MayOr zlll,_J 's- '45L"6 `' Council ember 1349 December 15, 1997 Mayor Maxwell called the duly advertised Special Meeting of the City Council to order at 7:00 p.m. All members of the Council were present. The Council then convened in Executive Session to discuss the Police labor contract. At 7:30 p.m. the Council reconvened and without taking any action adjourned the Special Meeting of December 15, 1997. Mayor Dean Maxwell called the meeting of December 15, 1997 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of December 1, 1997 and December 8, 1997 be approved as if read. Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas On behalf of the Skagit County Tulip Festival, Ms. Audrey Smith thanked the Council for the recent 2% tourism promotion grant award for advertising. Ms. Smith reported that the new Festival brochure will include an Anacortes inset. Ms. Smith then presented the Mayor with this year's Tulip Festival poster. The poster artist, Mr. Al Currier, is from Anacortes. Mayor/Council Communication There were no special announcements or comments from the Mayor or Council. Ch 2 M Hill Contract Amendment # 3 Mr. John Franz, Wastewater Treatment Plant (WWTP) Manager, presented the final amendment to the existing Ch2M Hill contract with the City to study the feasibility of integrating all of the WWTP data on one computer. Plant reporting would then be performed from this computer. In response to questions from the Council Mr. Franz described the operational program, maintenance program, and custom software. At the conclusion of the discussion Mr. Christiansen moved, seconded by Mr. Rock, to approve the CH 2 M Hill contract amendment # 3 for the feasibility study in the amount of $27,300. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Consider Acceotina R Avenue Left Turn Pocket at 30th Street Mr. Gordon Bruchner, City Engineer, presented this item to Council. Mr. Bruchner explained that the R Avenue left turn pocket project was awarded to Fidalgo Rocks. Construction cost increases were due to reconstruction of the roadway crossing of 30th street. Staff recommends that this project be accepted as complete thereby initiating the mandatory 30 -day lien period. If no liens are filed the retainage now held will be released to the contractor. Mr. Sizemore so moved, seconded by Mr. Brown. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Acceptance: 13th Street Improvements Mr. Dave Lervik, Staff Engineer, presented this item to Council. Mr. Lervik submitted the final report on the improvements for the 13th Street Paving Project/LID # 205. The contract was awarded to Lakeside Industries and the project work is now complete. Regarding funding, Mr. Lervik said that construction costs are funded via inter -fund loan to be repaid with the sale of bonds. Mrs. Robinette complimented the staff on the final project. Council acceptance of these completed improvements will be followed by the creation of the Final Assessment Roll and finalization of the project. With that, Mr. Brown moved, seconded by Mr. Christiansen, to accept the LID # 205 paving improvement project as complete. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Ordinances (2): Como Plan/Zoning Amendments 1997 Mr. Ian Munce, Planning Director, introduced two Ordinances to Council for approval. Summarizing action taken to date by Planning Commission and Council, Mr. Munce explained that the Growth Management Act mandates that municipalities annually review and update zoning and comprehensive plans. The review process began in March, hearings were held, a 60 -day state comment period was initiated, and further hearings were held. Final technical corrections and amendments to the Comprehensive, Zoning, and Subdivision Ordinances are now presented to Council for approval. With that, Mrs. Robinette moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2444 entitled "1997 Amendments to the City Comprehensive Plan". Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Mr. Munce then presented the second Ordinance to Council entitled "Ordinance Amending the Development Regulations for the City of Anacortes (Zoning and Subdivision Ordinances). He then reviewed the issues covered by the revisions including replatting process, wetland manual, 1350 December 15, 1997 - continued application requirements, definitions of street, improved public road standards, septic system design approval, and minimum street standards. Mrs. Robinette presented a suggestion that road standards be placed in both the zoning and subdivision ordinances. Based on the introduction of this new proposal, Mr. Christiansen moved, seconded by Mr. Sizemore, to table this Ordinance to the January 5, 1998 Council meeting. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Findinas of Fact and conclusions of Law: The Meadows Mr. Ian Munce, Planning Director, presented this item to Council. He reviewed action previously taken by Council to approve a new Subdivision, The Meadows. The Preliminary Plat was approved but appeals and Council concerns were directed toward securing potential right- of-way for property to the south. The Planning Commission and Council required that a 25' strip be upgraded to emergency access standards to connect with paving to the south. A new plat configuration was presented showing a 17' easement along the 33' dedicated right-of-way (added together to provide for the required 50' access potential) to the south to connect to the emergency road. The Findings of Fact and attached drawing incorporate these requirements. Discussion followed. Mr. Carlisle then moved, seconded by Mr. Rock, to adopt The Meadows Findings of Fact and Conclusions of Law including attached plat map. Vote: Ayes - Petrish, Sizemore, Brown, Robinette, Rock, Carlisle. Abstain: Christiansen. Motion carried. Continued Public Hearina - Fidalao Bav Sub -Area Plan Mayor Maxwell convened the continued Public Hearing on the Fidalgo Bay Sub -Area Plan. Mr. Ian Munce, Planning Director, pointed out that additional comments and information have been presented. With the volume of new information Mr. Munce recommended that, after taking additional comments and exhibits at this Hearing, the matter be continued to the first meeting in January and again continued to the January 12th Study Session. The goal would be to finalize a proposal that would go out for a 60 -day public and state agency review. Mr. Munce then submitted the following exhibits: Exhibit 33, proposed zoning language, Exhibit 34, proposed zoning map, Exhibit 35, 11/24/97 letter from John T. Killingsworth, Exhibit 36, MJB ownership plan and use and space requirements, Exhibit 37, 11/20/97 letter from Mike Keller, Exhibit 38, aerial photo of rezone area, Exhibit 39, MJB factual considerations and mixed use scenario, Exhibit 40, report "Protection and Restoration of Marine Life in the Inland Waters of Washington State", Exhibit 41, 10/17/97 letter from John Woodring, attorney at law, Exhibit 42, 12/10/97 letter from MJB properties, Exhibit 43, 12/2/97 letter from Ross O Barnes, Exhibit 44, 12/2/97 letter from C. Philip Sandifer, Exhibit 45, 12/10/97 letter from Robert A. Knowles, Exhibit 46, 12/10/97 letter from G.H. "Oly" Wise, Exhibit 47, 12/10%97 letter from MJB Properties, Exhibit 48, 12/12/97 letter from Norrie Estvold, Exhibit 49, 12/12/97 letter from Richard Stockwell, Exhibit 50, 12/15/97 letter from T.G. Thompson, Jr., Exhibit 51, 12/15/97 letter from Philip Burton, Exhibit 52, 12/15/97 letter from Marcia L. Hunt. The Mayor then opened the meeting for public comment. Mr. Tommy Thompson, 387 Campbell Lake Road, commented on the December 8th Plan and recommended additional policies to the Plan Sub -Areas encouraging landscaping, development of the Depot area, public access, and enhancement of wildlife. Mr. Bret Lunsford, 1008 18th Street, asked that a clear need for additional commercial zoning be established. If that need is established then such a need would warrant long-term review and study. The Mayor said that some of the information requested by Mr. Lunsford already has been compiled and is available at City Hall. Mr. Don Yankacy, 2915 Commercial, commented on the proposal to have living quarters above shops. Mr. Mike Magerkurth, business owner at 3320 Commercial, reviewed Subsection C that states there would be no duplication of downtown central business district. Mr. Magerkurth recommended that clear enforcement methods be implemented. Ms. Cynthia Richardson, 5601 D Street, Planning Commission member, recommended review.of Mrs. Robinette's summary of the issues to date and spoke in favor of the entire process. With that the Mayor announced that the Public Hearing portion would be continued to January 5, 1998 with further deliberation scheduled at the January 12, 1998 Study Session. Mrs. Robinette discussed general versus specific parameters for policies and regulations. Mr. Christiansen commented that an effort should be made to study the City's liability and responsibilities as owners of the rail -corridor. Mrs. Robinette discussed the use of a Sub - Committee to meet with the Port and MJB to further discuss proposed language. The City Attorney, Mr. Steve Mansfield, recommended that input should be in a public setting as much as possible. At the conclusion of the discussion Mr. Carlisle moved, seconded by Mr. Christiansen to approve Alternative 1A to read as follows: 1351 December 15, 1997 - continued Alternative 1 A Policy 1: "Consider expanding the range of Commercial and Commercial Marine uses permitted north of 29th Street, east of "Q" PR" Avenues, and south of the Cap Sante Marine. Further, 1.1 Light Manufacturing uses are not to be excluded. 1.2 Retail uses shall be concentrated primarily north of 22nd Street. 1.3 Residential uses shall be considered only for the second story and above. 1.4 Projects shall be financially beneficial to the City as well as to the proponents. Again, the Mayor recommended continuing this matter to the first meeting in January. Vote on the Motion: Ayes - Sizemore, Brown, Christiansen, Carlisle, Petrish. No - Robinette, Rock. Motion carried. Mr. Munce then clarified the action taken and the process to be followed. 1.4 was deleted from the original Alternative 1A proposal. The recommended core principles will go to State agencies for 60 -day comment period. At the end of the 60 -day comment period a new hearing will be scheduled. Mr. Munce further proposed that a copy of the mitigation framework be send with the Alternative 1A proposal. With that the Mayor closed this portion of the Fidalgo Bay Sub -Area Plan Public Hearing. Staff proposed that the first study session in January be used to focus on the rail issue. Prior to that Study Session, Council comments and questions will be forwarded to the Park Department. CONSENT AGENDA Voucher Aooroval Mr. Carlisle moved, seconded by Mr. Sizemore, that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 4, 1997 and December 11, 1997 be approved for payment as of this date, December 15, 1997. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Claims Warrants Dec, 1997: Warrant Numbers 52545 through 52713 in the total amount of $658,263.66 Prewritten Claims Nov, 1997: Warrant Numbers 52213-52218, 52347-52348 in the total amount of $39,973.47 Council cancelled Claims Warrant # 4573 in the amount of $12.00 Closed Record Review: Strandbera Conditional Use - Private Street as Access Mayor Maxwell introduced the closed record review of a Conditional Use Application submitted by Mr. Nels Strandberg to use a private street as access to a proposed 4 -lot project off of Oakes Avenue. Mr. Ian Munce, Planning Director, discussed the access methods available in the Zoning code should a development site have unique conditions whereby other methods are called for. Mr. Strandberg is proposing that his project be considered such and that this site does not warrant full City development conditions. Although the proposal before Council is not for approval of the short plat, the applicant cannot proceed without permission to use a private street as access. If the Conditional Use is approved staff would then review a short plat application and impose appropriate development standards. The Planning Commission held an Open Record Public Hearing and recommends approval subject to standard conditions with the proviso that this private street be used for 4 lots only. An appeal to the Planning Commission recommended Condition # 8, "The private street shall be paved and curbs shall be installed." has been filed by the Public Works Department. Mr. Jim Pemberton, Director of Public Works, questioned the need for curbs and suggested that other alternatives could be used to address drainage issues rather than curbs. Council then brought up concerns that will be addressed during the short plat development review. Council further discussed development issues. With that Mr. Carlisle moved, seconded by Mr. Brown, to grant the Appeal submitted by the Public Works Department and to authorize the Planning Director to issue a Conditional Use Permit subject to the conditions in the Findings of Fact and Conclusions of Law as modified. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Closed Record Review: Anacortes Convalescent Center/Assisted Living Mayor Maxwell introduced the Closed Record Review of a Conditional Use Application submitted by Mr. John Mock (HMH Management, Inc.) to locate the Alliance Living Center at 1105 26th Street. The project involves the demolition of an existing apartment building, single family residence, and a portion of an existing nursing home to provide for two assisted living buildings. Mr. Ian Munce, Planning Director, explained that the Planning Commission held an Open Record Public Hearing and recommended approval subject to 6 conditions. Staff held a detailed review of this project. No appeals were filed. Mrs. Robinette discussed left and right turns onto Commercial. After general questions from Council, Mr. Carlisle moved, seconded by 1352 December 15, 1997 - continued Mr. Sizemore, to authorize the Planning Director to issue a Conditional Use Permit subject to the 6 conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. No - Robinette. Motion carried. Fidalao Bav Plannina: Contract Authorization Mr. Carlisle moved, seconded by Mr. Rock, to increase the authorization for Fidalgo Bay Planning from $20,000 to $28,000. The Planning Director explained that this action is necessary because the Port of Anacortes submitted its $8,000 contribution to this project directly to the City rather than to the Consultant. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Ordinance for Cash Transfers Mr. Rock moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2446 entitled "An Ordinance Requesting Council Approval of 1997 Year -End Cash Transfers between City Funds" Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Ordinance for 1997 Budaet Amendments Mrs. Jenifer Troxel, Assistant Finance Director and Mr. Jerry Knutsen, Comptroller, reviewed this item with Council. The Ordinance before Council provides for amendments to the 1997 Budget. Mrs. Troxel and Mr. Knutsen reviewed each of the funds to be amended. Mr. Brown moved, seconded by Mr. Carlisle to adopt Ordinance No. 2447, entitled "An Ordinance Amending Ordinance No. 2410 approved and adopted on December 2, 1996 and entitled 'An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 1997"'. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Mr. Knutsen reported that there's a staff recommendation to bring budget amendments to Council for approval as they occur. The Mayor then left the Council Chambers. Ordinance: Mavor's Salary Ordinance Mr. Bud Rock, Mayor Pro -Tem, presented an Ordinance to Council that would increase the Mayor's Salary. Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2445 entitled "An Ordinance Establishing a Compensation Plan for the Mayor of the City of Anacortes and Repealing Ordinance No. 2387, passed and approved on the 18th day of December, 1995". Mrs. Robinette then moved to amend the first line of the Ordinance to say "The individual holding the office of Mayor of the City of Anacortes in 1997....." Motion died for a lack of second. Vote on the original motion: Ayes - Petrish, Sizemore, Brown, Christiansen, Rock, Carlisle. No - Robinette. Motion carried. There being no further business, Mayor Pro -Tem Rock adjourned the meeting. The time was 10:40 p.m. AA k'a 1. 101 - 4, Me .a, rrge htaian, CiClerll-TrlqsurerjH. Dean Maxwell, May Couneilmember