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HomeMy WebLinkAbout1998 City Council Minutes1353 January 5, 1998 Mayor Dean Maxwell called the meeting of January 5, 1998 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. Petrish moved, seconded by Mr. Rock, that the minutes of December 15, 1997 be approved as if read. Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No one present wished to testify on items not on the agenda. Mavor/Council Communication Oath of Office Mr. George Khtaian, City Clerk, administered the Oath of Office to Councilmembers Mr. Bud Rock, Mr. Nick Petrish, Mr. Terry Christiansen, Mrs. Jeanne Robinette, and Mr. Ray Sizemore. Mr. Khtaian then administered the Oath of Office to Mayor Dean Maxwell thereby initiating Mr. Maxwell's second term in office. Mavor Pro -Tem Mr. Carlisle moved, seconded by Mr. Sizemore to nominate Mr. Terry Christiansen as Mayor ProTempore. Vote: Ayes - Sizemore, Brown, Robinette, Rock, Carlisle, Petrish. Abstain: Christiansen. Motion carried. 1997 Development Reaulations Amendments: Ordinance Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and approval. Mr. Munce explained that this action is a holdover from 1997 Council activity to complete the annual update of the zoning code and subdivision regulations. Council had asked for an additional two weeks to review these changes including Mrs. Robinette's request to include the road standards in the zoning as well as the subdivision ordinance. Mr. Munce reported that Mrs. Robinette has withdrawn this proposal. Mr. Christiansen asked for clarification on Table 1 - Minimum Street Standards, new language, second paragraph. Mr. Munce suggested that reordering the sentence structure would clarify the cul-de-sac standards. Mr. Pemberton, Director of Public Works, then explained the development conditions that would allow for a temporary cul-de-sac. Mr. Christiansen recommended that the sentence on permanent cul-de-sacs should read, "Permanent cul-de-sacs in platted streets that may be subject to future extension shall be constructed at the platted intersection of two streets". Mr. Christiansen then expressed concern over the frequent use of the phrase "as approved by the City Engineer" in the Minimum Street Standards section. While agreeing on this point, Mrs. Robinette said that over the coming year Council could monitor Engineering's application of this discretionary language. With the two changes proposed, Mrs. Robinette moved, seconded by Mr. Brown, to adopt Ordinance No. 2448 entitled, "Ordinance Amending the Development Regulations for the City of Anacortes (Zoning and Subdivision Ordinances)". Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Water Treatment Plant Solids Handlina Facilitv - Completion of Contract Referencing his December 29, 1997 memorandum to Council entitled "Solids Handling Facilities Project Final Payment", Mr. Ed Capasso introduced the next Council action item. The memo outlines the history and development details regarding the construction of the Water Treatment Plant Solids Handling Facility now complete. As a measure of the facility's success Mr. Capasso explained that a Discharge Monitoring Report for the last quarter of 1997 was filed with zero violations. With that Mr. Christiansen moved, seconded by Mr. Sizemore, to accept the project as complete thereby initiating the 30 -day lien period. If no liens are filed retainage now held will be returned to the contractor, Sheldrup Construction. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Pumo Station # 15 - Scrubber Buildina - Comoletion of Contract Mr. John Franz, Wastewater Treatment Plant Manager, referenced his December 30, 1997 memorandum regarding the completion of the Pump Station # 15 Scrubber Building, Skyline Conveyance Odor Control. Mr. Franz' memo includes a detailed list of the contract change orders. He then reported that the scrubber functions well and odor problems around pump Station # 15 have been eliminated. 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 released to the contractor, Magnolia Contractors, Inc., of Seattle. Mr. Sizemore so moved, seconded by Mr. Brown. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Consent Agenda Mr. Carlisle moved, seconded by Mr. Rock, to approve the following consent agenda items. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Voucher ADDroval Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 18, 1997 and December 31, 1997 be approved for payment as of this date, January 5, 1998. Vote was unanimous. Claims Warrants Jan, 1998: Warrant Numbers 52718 through 52892 in the total amount of $469,734.00 Prewritten Claims Dec, 1997: Warrant Numbers 52543-52544, 54714 in the total amount of $20,433.84 1354 January 5, 1998 - continued Council approved Findings of Fact and Conclusions of Law for the Strandberg Conditional Use Permit for the use of a private street as access off of Oakes Avenue. Council approved Findings of Fact and Conclusions of Law for the Convalescent Center Conditional Use Permit to develop an assisted living facility. Council cancelled Treasurer's Check # 4652 in the amount of $30.00 Closed Record Review: Malo Conditional Use - Pump Station Mayor Maxwell introduced the closed record review of a Conditional Use Application submitted by Mr. Tony Malo, Rock Ridge, LLP, to install a water booster pump station . Mr. Ian Munce, Planning Director, commented on the Land Use process. The Planning Commission held a Public Hearing, neighbors were notified of the hearing, and written and oral comments were taken. A complete transcript of this hearing together with meeting minutes, Findings of Fact, and recommendation for approval were forwarded to Council. Using an overhead display, Mr. Munce pointed out that the proposed pump station will be located on a potential building site on platted property towards the end of Anacopper Road. Additionally, the Planning Commission's proposed landscaping conditions reflect attention paid to the site proximity to residential area. Staff recommended approval. Mr. Tom More, filed an appeal citing location as the reason for the appeal. Mr. Tom More, Everson, Washington and a property owner in the pump station vicinity, first discussed other development aspects of the Malo and surrounding projects. Although not objecting to the installation of a pump station, Mr. and Mrs. More took exception to locating the station 200 yards from the Malo project, locating it on private property, and locating it in a single family residential zone. He then discussed three reasons for the proposed location raised during the Planning Commission hearing: benefit of existing paved access , cost of power installation and glare from headlights off of Anacopper Road. Mr. More urged that this station not be placed where it would be an eyesore to the area and suggested that it be located adjacent to the development. However, if Council approved the proposed location, Mr. More recommended that the pump station be located not less than 50 feet from the northern property line. Mr. Pat Gastineau, 16031 119th Place NE, Bothell, representing the applicant, pointed out that this pump station will serve the Malo and Cranberry Heights Phase 2 development. Mr. Gastineau then described the improvements to the emergency access road, placement of the pump station, use of overhead power lines, and the use of landscaping to significantly obscure pump station from view. On questions from Council, Mr. Gastineau explained the hydraulic advantage of using this location and reported that the building will be 164" x 22 feet. Mrs. Robinette then reported on her investigation on the future development in this area. Mrs. Robinette stated that she disagreed with the Planning Commission decision regarding conditional use criteria # 7 (adequate public facilities or services). She then discussed planning for future extension of Anacopper Road which could be curtailed by the placement of this pump station as proposed and suggested that the applicant dedicate 40 feet of property for future road development. The Mayor ruled that this issue was beyond the scope of the Conditional Use/Appeal before them. The City Attorney, Mr. Steve Mansfield, said that such an action may be beyond the authority of the Council, and that it did not appear to be relevant to discuss extracting a dedication of private property as a condition of approval. If the City decides to extend Anacopper Road then either property would be purchased or condemned. Mr. Carlisle then highlighted that the meandering road connection to Skyline called for in the City Transportation Plan could still be achieved. The Planning Director offered that the 50' setback from 29th Street proposed by Mr. More could be accommodated. Discussion followed regarding potential long term power and maintenance costs to City after the City's takeover of the utility. Mr. Pemberton described operation costs, rate structure and future location and financing of a storage reservoir. At the conclusion of the discussion, Mr. Rock moved, seconded by Mr. Sizemore, to authorize the Planning Director to issue a Conditional Use Permit for the Malo water booster pump station subject to the Findings of Fact and Conditions thereon issued by the Planning Commission with the addition of Condition # 12: "The proposed building shall be set back 50 feet from the 29th Street right-of-way". Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Mr. Rock then moved, seconded by Mr. Christiansen, to deny the More's appeal. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Public Hearina - Vacation - Portion of "B". "C". 36th Street. Kelloaa & Ford's Addition Mayor Maxwell opened the Public Hearing to review and take testimony on a Petition submitted by Ted I. Anstensen and Jack W. Jones to vacate various rights of way adjacent to Block 31, Kellogg & Ford's Addition to Anacortes. Mr. Ian Munce, Planning Director, displayed an overhead showing the proposed vacation area and also showing development projects in the vicinity including Vista Too and Village Park. He also pointed out city -owned property to the east of Block 31. The applicant is proposing that the property can be better developed with a cul-de-sac. Mr. Munce then highlighted procedural issues. He pointed out that Council will review this application based on its merits, but that in the future proposed vacation and development projects such as this will be subject to the entire replatting process. The Board of Adjustment reviewed this petition in public hearing and recommends denial of the vacation petition. Mr. Dale Herrigstad, Herrigstad Engineering, representing the petitioner, said that the proposed access is in the center of the property in order to stay as far away as possible from "D" and "A" Avenues to maximize access safety. The vacation is requested so that there would not be a loss of building sites due to the construction of a cul-de-sac. Sanitary sewer could be extended on "B" Avenue south to 37th Street. 1355 January 5, 1998 - continued Mrs. Robinette pointed out that the cul-de-sac location would isolate the city -owned Block 30 to the east. There were no further comments from the audience and the Mayor declared the Public Hearing closed. Council discussion followed regarding the disposition of the City -owned Block 31. Mrs. Robinette said this proposal isolates Block 31 from safe access, closes the connection of 36th Street to the forestlands, conflicts with public utility uses in the right-of-way, and causes problems with fire access to Vista Lane. Mrs. Robinette then moved to deny the vacation petition Mr. Petrish seconded the motion. Mrs. Robinette recommended a site visit to Block 31 to decide the appropriate use of this property. Mr. Christiansen suggested that the area lends itself to a series of 20' walking paths. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Carlisle, Petrish. No - Rock. Motion carried. Rea000intment of Jovice Anderson to the Housina Authoritv Board. Having served with Mrs. Anderson on the Housing Authority Board, Mr. Christiansen wholeheartedly moved, seconded by Mr. Sizemore, to reappoint Mrs. Joyce Anderson to that Board. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. A000intment of Michelle McPhee to the Forest Advisoni Board Mayor Maxwell then submitted his nomination of Mrs. Michelle McPhee to the Forest Advisory Board. Mr. Sizemore moved, seconded by Mrs. Robinette, to confirm the nomination of Mrs. McPhee to the Community Forest Advisory Board. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Consideration of Public Works Capital Imorovement Proiects: 1998 Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Pemberton said that the memo before them summarizes the 1998 capital improvement program for the Public Works Department. The request is for permission to prepare the plans and specifications for items 1-10 of the 12 item project list. Also requested is authorization for consultant selection for items 11 and 12. Mr. Carlisle inquired about the status of two other construction projects. Mr. Christiansen moved, seconded by Mr. Rock, to authorize items for bidding and for consultant selection as itemized in a December 24, 1998 Memorandum from Gordon Bruchner, City Engineer entitled "1998 Public Works Capital Improvement Projects". Mrs. Robinette inquired about the development of Storm Sewer Separation projects. Mr. Petrish asked about the merge lane on "R" Avenue at 32nd Street. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. There being no further business, Mayor Maxwell adjourned the meeting at 9:45 p.m. ge Kian,`City ¢ler-Tre/%asurer H. Dean Maxwell, Mayor / A member MOO January 20, 1998 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 labor negotiations. At 7:30 p.m. the Council reconvened and without taking any action adjourned the Special Meeting of January 20, 1998. Mayor Dean Maxwell called the meeting of January 20, 1998 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. Carlisle moved, seconded by Mr. Rock, that the minutes of January 5, 1998 be approved as if read. Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Mavor/Council Communication Mayor Pro -Tem Christiansen explained that Council committee assignments are to be made at the second regularly scheduled Council meeting of the years. Mr. Christiansen then submitted his proposal for committee assignments together with two suggested new committees. This information was previously distributed to Council for review. The Committee assignments are: Finance Committee/Bill Carlisle, Terry Christiansen, Ken Brown; Public Works/Ray Sizemore, Terry Christiansen, Bud Rock; Public Safetv/Ken Brown, Ray Sizemore, Bill Carlisle; Fidal o Bav Committee/Jeanne Robinette, Ken Brown. The new Committees and assignments are: Parks and Forest/Bud Rock, Jeanne Robinette, Nick Petrish; Personnel/Bud Rock, Terry Christiansen, Bill Carlisle. Mrs. Robinette volunteered to substitute for the Finance Committee. Mr. Christiansen moved, seconded by Mr. Brown, to approve the formation of the new Council committees, Parks and Forest and Personnel. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Mrs. Robinette asked that any questions, comments or new information regarding the use of the Burlington Northern railroad right-of-way as a multi -use corridor, or whether or not to franchise the Anacortes Railway, should be made available to the Council for review at the January 26th Study Session. 1998 Tourism Fund Contracts Aaoroval (First 21 Mr. Ian Munce, Planning Director, stated that this is an implementing action to move forward Tourism Fund contracts approved by Council in 1997. Mr. Rock moved, seconded by Mr. Carlisle, to adopt Resolution No. 1460 entitled, "A Resolution Authorizing Execution of Tourism Promotion Fund Contracts by and between the City of Anacortes and Six Agencies for Eight Projects". Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. 1998 Tourism Fund Contracts Aaaroval (_Second 2%) (_Victoria Ferrv_ /Anacortes Marketinalt Mr. Ian Munce, Planning Director, presented this presented this item to Council. He said this proposal is before Council at the request of the hospitality industry and Chamber of Commerce. The request is for Council to impose the second 2% lodging tax option with the money to be earmarked for promoting Anacortes relative to the Sidney, B.C. ferry run. This effort will help solidify the Sidney ferry operations and will do more to enhance marketing our area to visitors. Mr. Munce then discussed the ferry system's reservation call system. He then explained that advertising will be directed toward improving the ferry service while at the same time emphasizing the benefit of spending time in Anacortes. Mr. Carlisle reported that ferry traffic on the international run is up 13%. With that Mr. Carlisle moved, seconded by Mr. Christiansen, to approve the second 2% tourism fund for Victoria Ferry/Anacortes marketing. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Rea_uest to Proceed - Street Vacation - Portion of "U" Avenue Mr. Jim Pemberton, Director of Public Works, presented background material on a petition to vacate the east 10" of "U" Avenue in the Beales Maple Grove Addition. The petition was reviewed in Public Hearings before both the Board of Adjustment and City Council. Council tabled decision so that Mr. Robert Paulk, who protested the vacation during both hearings, could provide additional information relative to truck turn radius from the alley to "U" Avenue. Mr. Pemberton recommended that Council grant the vacation subject to a general easement for ingress and egress if and when it is required by Mr. Paulk. Councilmembers agreed that this matter should be brought forward for deliberation and decision at the February 2nd meeting. Anstensen Proposal: 36th Street Reolat Mr. Ian Munce, Planning Director, presented this item to Council. He explained that Mr. Anstensen submitted a street vacation petition as a preliminary step to the development of his 1357 January 20, 1998 - continued property in the Kellogg & Ford Addition to the City, at approximately 36th Street and "D" Avenue. Council denied the vacation petition. The applicant now proposes to develop the access to the City owned property adjacent to his property. With that in mind, Mr. Anstensen's has submitted the financial proposal now before Council to exchange street and utility improvement costs for applicant's assessed costs for vacated right-of-way. Mrs. Robinette asked for verification that all the utility concerns raised by staff are answered by Mr. Anstensen's replat proposal. Mr. Christiansen asked that the assessed valuation figures be verified. Mrs. Robinette asked that staff research the value of the property from more than one method of calculation. Council agreed that this matter should be brought forward for deliberation and action at the February 17th meeting. Consent Agenda Mr. Rock moved, seconded by Mr. Sizemore, to approve the following consent agenda items. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, 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 January 8, 1998 and January 15, 1998 be approved for payment as of this date, January 20, 1998. Vote was unanimous. Claims Warrants Jan, 1998: Warrant Numbers 52896 through 53106 in the total amount of $627,327.81 Prewritten Claims Dec, 1997: Warrant Numbers 52715 through 52716 in the total amount of 4522.88 Draw Pavroll Dec, 1997: Warrant Numbers 9436 through 9514 in the total amount of $41,399.00 Payroll Dec, 1997: Warrant Numbers 9515 through 9686 in the total amount of $386,168.27 Council approved Findings of Fact and Conclusions of Law for the Malo Conditional Use* Permit to locate a water pump booster station in the R 2 zone Council adopted Resolution No. 1461 setting February 17, 1998 as the Public Hearing date on a petition to vacate a portion of 13th Street Sentaae Ordinance Mr. Ian Munce, Planning Director, presented this item to Council. He reviewed issues raised during previously held Council Study Sessions. At that time Council made two requests: (1) development of a clear policy relative to accepting septage only from the South March Point proposed annexation area, and (2) that this will only be for projects that are consistent with City zoning. Mr. Munce reported that the County is now conducting joint project review, and it is anticipated that the County will adopt City zoning the first quarter of this year. Public health and water quality are the primary issues, as well as what will happen to the area at South March Point prior to annexation with the anticipated continued development in this area. Mr. Munce also talked about alternate septic systems. Discussion followed regarding the mandatory transporting of septage generated on premises to the sewer plant. Mr. John Franz, WWTP Manager, confirmed that the plant has the necessary capacity available. Mrs. Robinette proposed that language in the last paragraph of the Ordinance be changed to read "...sewer hook-up contract(s) in a form acceptable to the City Council." Mr. Munce pointed that if that change were made, contract oversight would then be administrative. Mayor Maxwell emphasized that this is a quality of life issue. With the proposed revision, Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2449 entitled "Amending Title 13 of the Anacortes Municipal Code Relative to Septage". Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Mr. Brown complimented the Planning Director on the proposal as presented. Telecommunication Facilities: Moratorium Extension/Ordinance Mr. Ian Munce, Planning Director, reported that information is now available on what other cities in the County intend with regard to cooperative policies on the location of cell towers. Mr. Munce confirmed that a draft Ordinance will be brought to Council for adoption at the end of this second 6 -month moratorium. On a question from Mr. Sizemore, Mr. Munce explained that an Interim Ordinance could be developed that would allow some projects to go forward, i.e., a co - location project on an existing facility. A Public Hearing will be scheduled in two months so that industry representatives and individuals can report on how this moratorium how this has impacted them. With that Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance January 20, 1998 - continued No. 2450 entitled "An Ordinance Amending Ordinance # 2434 by Extending the Telecommunications Facilities Moratorium for Six Months." Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Urban Renewal RiaraD: Authorization to Bid Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce explained that the bank is failing at the waterfront at the old plywood mill site and that the City is losing property to erosion. The proposal now before Council is to authorize an invitation to bid for. Fidalgo Bay Shipyards bank stabilization to approximately 225 lineal feet of shoreline protection in the amount of $30,000. Mr. Carlisle moved, seconded by Mr. Sizemore, to authorize the Planning Department to receive bids. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. LifePak Monitor/Defibrillation Surplus Mr. Dan Harju, Assistant Fire Chief, presented a January 6, 1998 memorandum from Fire Chief Curtis requesting that the Council surplus and donate the following items to the Skagit Council E.M.S. Council: (1) one 1991 Life Pak 10, Asset number -80000897; (1) one 1993 Life Pak 10, Asset number -80000965; and (1) 1986 Life Pak 5, no asset number. Mr. Harju described the benefits of the new technologies and procedures being implemented throughout the County. In particular, the Skagit EMS Council has purchased three new Life -Pak 11 Cardiac Monitors for the Anacortes Fire Department and surplusing of the above referenced equipment will help the County offset some of the costs of the new equipment. Mr. Sizemore so moved, seconded by Mr. Carlisle. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. There being no further business, Mayor Maxwell adjourned the meeting at 8:45 p.m. ��e KWaian, City C erk-Treasurer H. Dean Maxwell, Ma or Councilmember 1358 1359 February 2, 1998 Meeting was called to order by Mayor Dean Maxwell at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jean Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina: It was moved by Brown and seconded by Rock that the minutes of January 20, 1998, be approved as read. Ayes- Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Citizen's Hearinas: No citizens wished to testify on items not on the agenda. Mavor/Council Communication: Mayor Maxwell informed the Council on the request of Deanna Whisannand to place a park model recreational vehicle on her property located at 2300 29th Street for the purpose of providing living space for her mother who is elderly and ill and needs care from Mrs. Whisannand. It was moved by Rock and seconded by Christiansen that the request be granted as long as the Building Department approves of the placement of the RV and proper sewer and water services are provided. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Vacation of Portion of U Avenue. Mr. Pemberton presented the background on the request to vacate a portion of U Avenue. Mr. Pemberton advised the Council that no new information had been submitted by Mr. Hole, the petitioner, or Mr. Paulk, who was a neighbor who had initially objected to the vacation. It was moved by Christiansen and seconded by Brown that the vacation be granted. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Nays - Robinette. Motion carried. Flood Insurance Ordinance and Flood Insurance Resolution: Mr. Pemberton presented a proposed ordinance and resolution to the City Council regarding participation in the National Flood Insurance Program. After discussion and a presentation by Rob Johnson who was speaking on behalf of the National Flood Insurance Program, it was moved by Carlisle and seconded by Sizemore that Ordinance No. 2451, entitled "An Ordinance of the City of Anacortes, Washington, Adopting Standards for Participation in the National Flood Insurance Program" and Resolution No. 1462, entitled "A Resolution of the City of Anacortes, Washington, assuring the Federal Insurance Administration that the City has and will Continue to Enact Adequate and Effective Land Use and Control Measures consistent with the National Flood Insurance Program" be adopted. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Consent Aa_enda: Mr. Carlisle 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 January 22, 1998 and January 29, 1998 be approved for payment as of this date, February 2, 1998. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Claims Warrants Feb, 1997: Warrant Numbers 53107 through 53295 in the total amount of $349,642.89 Draw Pavroll Jan, 1997: Warrant Numbers 9687 through 9760 in the total amount of $38,264.00 Prewritten Claims Dec, 1997 Warrrant Number 52894 in the total amount of $5,417.71 Prewritten Claims Jan, 1998 Warrant Numbers 52717, 52893, 52895 in the total amount of $1,300.98 Council cancelled Claims Warrant # 53020 Council declared obsolete computer equipment surplus. At the request of Councilman Carlisle, Item C, Petty Cash Resolution, was removed from the Consent Agenda Pettv Cash Resolution: Mr. Carlisle reminded the citizens that the City of Anacortes has made it possible to have utility customers pay their city bills through an automatic withdrawal from the customer's checking or r February 2, 1998 - continued savings account. He suggested that the City should give to each utility customer a handout reminding them of this service. It was moved by Carlisle and seconded by Petrish that Resolution No. 1463, entitled "Resolution Updating and Codifying Petty Cash Funds and Repealing Resolutions No. 1290 and 1355", be adopted. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Holidav Schedule for Recvclina: Mayor Maxwell announced that this item had been removed from the agenda. SR20 Corridor Studv Fundina Reauest: Mr. Pemberton presented to the City Council a request for City participation in an SR20 Corridor Study as prepared by the Skagit Council of Governments. The City was being asked to contribute $10,000 towards this study with contributions also being made by Skagit County, the Swinomish Tribal Community, SKAT, and the two Port Districts in the County. In addition there would be a matching grant application of $30,000 for Federal STP Regional Funds. Mr. Carlisle indicated that the State had already done a study and he felt there was no reason to do additional studies at City expense. It was moved by Carlisle and seconded by Christiansen to disapprove the funding request. It was moved by Petrish and seconded by Robinette to amend the motion to reject the funding request pending a meeting between the City, the Skagit Council of Governments, and the Washington State Department of Transportation. Additional information was presented by City Engineer Dave Lervik as to the extent of the proposed study. It was moved by Christiansen and seconded by Brown to table this item. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Skagit Countv Coordinated Water Svstem Plan Update: Jim Pemberton presented information on a proposal for doing a coordinated water system plan update of the plan that was prepared in October of 1992 and adopted in 1993. Skagit Public Utility District had submitted an application to the State Department of Health for funding and received a grant of $25,000. Based on the grant amount received and the tentative scope of work, Mr. Pemberton estimated that the City's contribution would be approximately $12,000. Motion was made by Robinette and seconded by Petrish that staff be authorized to proceed with developing the scope of work and amendment to the Joint Operating Agreement with the Public Utility District and bring the matter back to the City Council at a later date. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Acceptance of Q Avenue Desian Proposal: Jim Pemberton presented information concerning the Q Avenue design project and asked for approval by the Council of the three lane alternative with modifications to 22nd and 17th Streets as previously discussed by the Council in study session. Mr. Petrish expressed concern about making the final design pedestrian friendly by allowing for safe pedestrian crossings at appropriate intersections. It was moved by Rock and seconded by Carlisle that the three lane alternative as outlined by Mr. Pemberton be accepted. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Rail Corridor Guidelines: Gary Robinson presented to the Council the background regarding proposed rail corridor guidelines. Mr. Robinson pointed out that the matter had been discussed several times by the City Council in study session and that his proposed guidelines attempted to summarize the conclusions reached by the City Council. Ms. Robinette and Mr. Christiansen had both prepared proposed guidelines which they submitted to the other council persons. It was moved by Robinette and seconded by Rock that the proposed guidelines prepared by Mr. Christiansen be adopted with certain changes. A copy of the guidelines are attached hereto. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Other Business: Mr. Carlisle proposed that the Council take further action to request the Mayor to have staff prepare a franchise agreement for the Anacortes Railway that would consist of a temporary franchise from 9th Street to 11th Street, expiring in October of 1998, and a franchise between 22nd Street and Weaverling Spit, and another franchise between 11th Street and 22nd Street. Mayor Maxwell indicated that adding this item to the future agenda is a matter that should be discussed with Mayor Pro -Tem Christiansen. Meeting was continued until February 11, 1998 at 4:00 p.m. at the cul-de-sac at 1709 28th Street for purposes of a site visit in conjunction with the Stampe conditional use application. AGI Attachment to February 2, 1998 Minutes Railroad Corridor Guidelines 1. The BN ROW should serve to: 1) retain the ability to return standard gauge rail service to Anacortes; 2) provide necessary right-of-way for street improvement; 3) provide space for sidewalks and curbs and/or linear parks consisting of open space, trails, greenbelts, buffer areas, planted areas, etc.; 4) public or franchised tourist railroad and other attractions, etc. 2. The BN ROW should be preserved intact for its entire length until sufficient time has elapsed to ensure that all requirements for future rail service, vehicular routes, pedestrian corridors, and recreation needs have been fully met or until such time as it is determined these needs can be met by other similar property in the general vicinity which is offered in exchange for a portion of the BN ROW. 3. It is assumed a corridor having a minimum width of 17 feet would be necessary to provide for the operation of standard gauge rail service. This width is only sufficient for a single track system with no provision for sidings, passing sections, roundtables, etc. This 17 foot corridor will remain free of encumbrances (constructed features) that could not be removed should standard gauge rail service return. The corridor or any exchanged -for corridor must maintain the necessary grades and turning radii to accommodate standard gauge rail service and have adequate soil structure to support a rail bed. 4. The City will work with adjacent property owners to acquire additional right-of-way, where and if needed, to accommodate the Q/R Avenue improvements, corridor preservation, and a multi -use path. 5. The City will leave the corridor as an active line and work towards perfecting title to individual parcels which are part of the corridor, as necessary and appropriate. 6. It is recognized that amenities such as trails, pathways, narrow-gauge trains, etc., installed on the existing railbed or in narrow portions of the corridor may ultimately require removal in the event standard-gauge rail service returns. Any franchise given for use of any portion of the corridor should contain applicable language regarding the possibility of required removal. ?< Z� Ge aKhtai , City Cleric -Treasurer February 11, 1998 -- 4:00 p.m. H. Dean Maxwell, Ma or o cilmember Mayor Maxwell convened the continued meeting of February 2, 1997 at the cul-de-sac at 28th Street and "J" Avenue. The purpose of the continued meeting was to conduct a site visit in conjunction with a Conditional Use Permit application submitted by Mr. Kurt Stampe to construct a four-plex in the R 3 zone. The Mayor, Council, and applicant walked the site, and at 4:45 p.m., without any testimony being taken, the Mayor adjourned the meeting. _ 4. G&Wan, City Clerk -Treasurer H. Dean Maxwell, Mayor Counc February 17, 1998 Mayor Dean Maxwell called the meeting of February 17, 1998 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. Sizemore moved, seconded by Mr. Brown, that the minutes of February 2, 1998 and the continued meeting of February 11, 1998 be approved as if read. Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas No one present wished to testify on items not on the agenda. Mavor/Council Communication There were no information items from the Council or Mayor. Anstensen Proposal: 36th Street Mr. Ian Munce, Planning Director, presented this item to Council. Using an overhead display, Mr. Munce directed Council attention to the property owned by Mr. Ted Anstensen at 36th Street and "D" Avenue south of the Village Park development and west of a City -owned block generally at the corner of 37th Street and "D" Avenue. Previously Mr. Anstensen presented Council with a proposal to vacate right-of-way adjacent to his property thereby enabling development of building sites compromised by the existing access and safety issues at this location. This initial proposal was denied. Mr. Munce explained that the next step for Mr. Anstensen will be to submit a preliminary plat application to Council that will address the access, utility and other development topics raised. The question now before Council is a new proposal from Mr. Anstensen: approval to. use the vacation compensation revenue he would be required to pay as part of his replat project towards the installation of a cul-de-sac, utility stub -outs and curb -cuts to the City -owned block to the east. These improvements would make this property available for a park, for surplus, or for sale. Staff recommends acceptance of this proposal. Council discussion followed. Mr. Carlisle then moved, seconded by Mr. Sizemore, to accept the proposal with the proviso that the City - owned property be surplused with the revenue to be earmarked for the public safety facility. Mrs. Robinette supported accepting Mr. Anstensen's proposal but suggested that discussion regarding the future of the City -owned property be conducted 'at a Study Session. Mr. Carlisle moved, seconded by Mr. Sizemore to amend the motion to accept Mr. Anstensen's proposal. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Notice of Completion/City Hall Roof Mayor Maxwell reported that the Municipal Building roofing project is 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, Edmonds Roofing. Mr. Rock so moved, seconded by Mr. Sizemore. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. 32nd Street. Commercial to R Avenue - Desian Contract Anoroval. Mr. Dave Lervik, Staff Engineer, presented this item to Council. Mr. Lervik explained that in 1992 the City applied for Federal Highway funds for the design and construction of 32nd Street between Commercial and "R" Avenue. 32nd Street will be rebuilt to match the roadway west of Commercial. Leonard, Boudinot & Skodje, Inc. was selected as the design/construction inspection consultant. The Scope of Work for this project is now before Council for approval. Discussion followed regarding obligation of Federal funds for this specific project. Mr. Sizemore moved, seconded by Mr. Carlisle that the Scope of Work be accepted and that the Mayor be authorized to enter into an agreement with Leonard, Boudinot & Skodje, Inc. as consultant for 32nd Street improvements from Commercial to R Avenue. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Consent Agenda The Mayor announced that item 6 b. has been removed from the Consent Agenda. With that, Mr. Carlisle moved, seconded by Mr. Rock to approve the following consent agenda items. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Voucher Anoroval 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 February 5, 1998 and February 12, 1998 be approved for payment as of this date, February 17, 1998. Vote was unanimous. Claims Warrants Feb, 1998: Warrant Numbers 53301 to 53470 in the total amount of $198,776.61 Payroll Jan, 1997: Warrant Numbers 9761 to 9918 in the total amount of $329,335.43 1363 February 17, 1998 - continued Council confirmed the reappointment of Mr. Merlin Kipp to the Civil Service Commission. Council adopted Resolution No. 1464 setting March 16, 1998 as the Public Hearing date on a Petition to vacate a portion of "C" Avenue. Ordinance: Vacatina of Portion of "U" Avenue This item was removed from the Consent Agenda. Mr. Jim Pemberton, Director of Public Works, explained that Council previously approved the vacation of the east 10' feet of "U" Avenue at 35th Street, Beale's Maple Grove Addition. During the public hearing on this matter an abutting neighbor to the east, Mr. Robert Paulk, testified that he would need a portion of this right-of-way as turning radius for his proposed trucking business; resolution of this matter was delayed so that Mr. Paulk could provide additional information regarding the required turn radius as well as provide detailed information about his proposed business. Mr. Paulk was duly notified of his opportunity to respond. He did not submit the requested information. Council rescheduled this matter and subsequently voted to approve the vacation. The action now before Council is to adopt the Ordinance vacating the right-of-way; however, Mr. Paulk again contacted staff regarding his concerns and has asked that Council consider an alternative proposal. With that, Mr. Rock moved, seconded by Mr. Carlisle, to reconsider the decision to vacate the right-of-way. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Discussion followed regarding the need for a site visit and further review in Study Session. Mr. Sizemore then moved, seconded by Mr. Petrish, to table this matter. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Public Hearina: Street Vacation -13th Street Safeway. Mayor Maxwell opened the Public Hearing on a petition to vacate the north 20 feet of 13th Street between "Q" Avenue and Commercial Avenue submitted by Safeway, Inc. Mr. Jim Pemberton, Director of Public Works, provided an overhead display showing the proposed new loading dock location and proposed store remodeling. Access to the new loading dock would be from 13th Street rather than from "Q" Avenue. Mr. Pemberton reported that the Board of Adjustment held a public hearing on this matter and recommended that Council either table or deny the request. All the correspondence and minutes have been distributed to the Council for review. The minutes outline the reasons for the Board's recommendation. Mr. Pemberton then distributed copies of letters received from Philip Burton and Don Yankacy in support of the vacation. Staff recommends approval. Mrs. Robinette asked for a circulation system for traffic and pedestrians from 11th to 22nd and from Commercial to the shoreline. Mr. Pemberton described the existing cross street and pedestrian connections. In response to Mrs. Robinette, Mr. Pemberton explained that the "Q" Avenue Preliminary Design study is addressing level of service issues that are raised in the Transportation Plan. He concluded by saying that this proposal will not affect the existing street cross section as it exists. Mr. Petrish expressed concern regarding vacation of right-of-way before routes are established from "R" and "Q" Avenue back to Commercial. The Planning Director, Mr. Ian Munce, clarified that the issue before Council is the street vacation only; the Board of Adjustment did not act on the proposed setback variance. If the vacation is approved by Council, the Board of Adjustment will hear the setback variance whose decision can be appealed to Superior Court. Mr. Rick Utt, architect representing the applicant, referred to several site plan exhibits showing store expansion, access, proposed crosswalks, building design. On questions from Council, Mr. Richard Brown, Safeway Store Manager, and the architects explained the store's truck delivery schedule, proposed screening wall, exterior design, curb cut, dumpster location and screen, and of parking on 13th Street. Mrs. Cynthia Richardson, Planning Commission member, referencing the Fidalgo Bay Plan and development of property east of "Q" Avenue, suggested tabling this matter until further study can be made. Mr. Jack Savage, Mr. John Dragovich, and Mr. Charles Rice, no addresses given, spoke in favor of the vacation. Mr. Ian Munce, Planning Director, referenced the Comprehensive Plan Commercial Goals and Policies: Goal 1, "Increase retail sales trade." - policy (a) Provide incentives for improvements and development of attractive, high quality commercial sites according to Comprehensive Plan, through City cooperation, zoning ordinance and land use plans; Goal 2, "Improve economic growth and well being of Central Business District: - policy (e) The City of Anacortes' Commercial Avenue and Central Business District shall continue to supply the vast majority of commercial services for Fidalgo Island. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Robinette discussed the Transportation Plan, planning for full development, available rights- of-way, and showed a map of undeveloped land representing potential new activity/traffic. Mr. Christiansen mentioned the letters of support from abutting businesses to the south. Mr. Petrish and Mrs. Robinette discussed the inclusion of 13th street in the Perteet Engineering study on traffic patterns in this area. Extensive discussion followed regarding overall traffic patterns. Mr. Carlisle emphasized that the landscaping along 13th street should be improved as suggested by the applicant, that there should be no parking along 13th Street, and that traffic off of 13th onto Commercial should be right turn only. Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the vacation of the north 20 feet of 13th Street between "Q" Avenue and Commercial. Pointing out February 17, 1998 - continued 1364 that she would like to see the Perteet street and pedestrian system recommendations first, Mrs. Robinette moved to amend the motion to add the proviso that Perteet Engineering review this proposal within 30 days. Vote on the amendment: Ayes - Petrish, Robinette, Rock. No - Sizemore, Brown, Christiansen, Carlisle. Motion failed. Vote on original motion: Ayes - Sizemore, Brown, Christiansen, Rock, Carlisle. No - Robinette, Petrish. Motion carried. Improvement Waiver Reauest - 24th Street and "Q" Avenue Mr. Dave Lervik, Staff Engineer, presented a waiver request to waive full improvements along "Q" Avenue at 24th Street. The proposed project is for the construction of an insurance office on the southwest corner of this intersection. Staff recommends full improvements including but not limited to widening the roadway, installing curb/gutter and six foot sidewalk, and wheelchair ramps. Mr. Greg Hill, general contractor for the project, requested a waiver for approximately 100 feet of curb, gutter and sidewalk on the west side of "Q" Avenue. Council discussion followed. Mr. Petrish moved, seconded by Mr. Sizemore, to deny the waiver request. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Authorization to Purchase Parkina Lot at 5th Street and "O" Avenue Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce explained that the City leases the parking lot at 5th Street and "O" Avenue. The lease, with Mr. Iry York, provides for a credit of lease payments against the purchase prices with an option to purchase prior to June 30, 1998. Mr. Munce pointed out that the Community Development Fund (formerly Urban Renewal Fund) has cash on hand to complete this transaction. Mr. Sizemore moved, seconded by Mr. Christiansen, to authorize the Mayor to complete this purchase. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Bid Award: Industrial Park Riorao Mr. Ian Munce, Planning Director, presented the bid received from Anacortes Excavating for the Fidalgo Bay Bank Stabilization project. Although the final bid is higher than the estimate, the project Engineers, Leonard, Boudinot & Skodje, Inc., recommended that Council accept the bid. Mr: Brown so moved, seconded by Mr. Sizemore. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. No - Christiansen. Motion carried. UGA Development Aareement: ADDroval of Form Mr. Ian Munce, Planning Director, presented this item to Council. Pointing out that the Council recently approved accepting septage from the City UGA subject to review of a sewer hookup contract form acceptable to the Council. Mr. Munce presented a copy of the form used and agreed upon with Mr. Jerry Smith. Mr. Munce pointed out that Item # 6, page 2 of the agreement should read, "The City shall not be obligated to extend sewer pipelines or other urban services to serve this urban growth area property prior to annexation of an economic Phase I Collection System area (e.g., HDR -Sept. `96). However, upon receipt of applicable hook-up fees, customers shall transport, at their expense, septage generated on their premises to the Anacortes Sewer Plant, in accord with Ordinance No. 2449." Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the sewer hookup contract form with the amendment to item #6. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. At approximately 9:40 p.m. the Mayor announced that the Council would convene in Executive Session to discuss an Industrial Park land sale. At approximately 10:10 p.m. the Council reconvened and without taking any further action the Mayor adjourned the meeting of February 17, 1998. L.. - "74," G/eKhtaiaK, City Clerk -Treasurer H. Dean Maxwell, Mayor -__7 C qo�cilmember 1365 March 2, 1998 Mayor Maxwell called the duly advertised Special Meeting of the Anacortes City Council to order at 7:00 p.m. All members of the Council were present. The Mayor and Council then convened in Executive Session to discuss personnel matters. At 7:30 p.m. the Council reconvened and without taking any action adjourned the Special Meeting of March 2, 1998. Mayor Dean Maxwell called the regularly scheduled meeting of March 2, 1998 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 February 17, 1998 be approved as if read. Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearina_ s No one present wished to testify on items not on the agenda. Mavor/Council Communication Mayor Maxwell read a letter from Mr. Ron Zuber, 4212 "O" Avenue. Mr. Zuber complimented City crew on their workmanship and positive attitude during a recent stormwater drain improvement project. Mrs. Robinette reported that she listened to the tapes of the February 23, 1998 Study Session. Mr. Christiansen announced that a Council Retreat has been scheduled for 8:30 a.m., Tuesday, March 3, 1998, Municipal Building Council Chambers. Telecommunications Facilities Moratorium: Public Hearing Mayor Maxwell opened the Public Hearing on the City of Anacortes Telecommunications Facilities Moratorium. Mr. Ian Munce, Planning Director, summarized action taken to date by Council to develop a comprehensive telecommunications ordinance. Current zoning language allows that a telecommunication facility can be proposed in any zone through the conditional use process. With the rapid growth of the telecommunications industry the Council has placed a six-month moratorium on the acceptance of applications for new telecommunication facilities within the City limits. The moratorium was extended for a second 6 -month period in order to further study and develop the appropriate permitting process. Mr. Munce concluded by saying that this public hearing provides an opportunity for members of the industry and of the public to comment on proposed changes. Mr. Munce introduced a hearing exhibit, February 25, 1998 letter from Ronald Bott of Puget Sound Energy (PSE). Mr. Bill Pfanner, D. Garvey Corporation, on behalf of Nextel Communications, requested that the Council consider an exemption to the moratorium to allow for co -locations on existing towers. Co -locations would allow for the conditional use permit process under current zoning codes. Nextel would like to proceed with co -locating a facility on Mt. Erie and has already received conceptual approval from PSE to locate there. Mr. Pfanner submitted his February 25, 1998 letter as a hearing exhibit. Discussion followed regarding multiple co -locations on Mt. Erie and an existing Nextel co -location. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Brown suggested that "co -location" could be a significant focus for the proposed ordinance. Mr. Petrish raised the following issues: PSE lease revenue; interference with other transmissions; site/sight pollution; and potential competition for co -location sites. Mr. Munce described some of the methods used by the industry to mask towers from view. Referring to the rapid changes in this industry, Mr. Carlisle suggested provision be made for removal of obsolete equipment. This matter will be brought back to Council on March 16th for an update from staff. 41st Street Waterline Latecomer's Aareement Mr. Dave Lervik, Staff Engineer, introduced this item by saying that the 41 st Street waterline project began as an Local Improvement District, but the property owners opted to develop the waterline on their own at a substantial savings to them. The line was completed late last year. Using an overhead display, Mr. Lervik pointed to a drawing showing the parcel owners who participated in the construction of the waterline. This homeowners association is now asking that the City approve a Latecomer's Agreement to allow for some recovery of construction costs should additional development occur along 41st Street. On a comment from Mrs. Robinette, Mr. Jim Pemberton, Director of Public Works, discussed the contractor's punch list for final clean-up. Mr. Ted Parrish, 2215 41st St., explained that clean-up has been delayed by the weather. Mr. Carlisle complimented the homeowners on the success of this project. With that, Mr. Carlisle moved, seconded by Mr. Rock, to accept the 41st Street waterline project as complete and to authorize execution of the Latecomer's Agreement. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. 41st Street Waterline Waiver Mr. Jim Pemberton, Director of Public Works, explained that in conjunction with the 41st Street waterline extension the property owners requested a waiver of the General Facilities Charge. At the time of that initial proposal the Council tabled the issue so that the matter could be researched with regard to the issue of gifts of public funds. As a result of this research staff determined that an ordinance could be drafted authorizing such a waiver if the Council elected to do so. Mr. Pemberton then discussed the financial impacts of such a waiver. He also discussed a waiver of the GFC for a sanitary sewer system connection versus a waiver for a W1116 _� (46 J March 2, 1998 - continued water service connection. Staff recommends denial of the 41st Street waiver request. With that, Mr. Christiansen moved, seconded by Mrs. Robinette, to deny the request. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. SR 20 Corridor Studv - Fundina Reauest Mr. Dave Lervik, Staff Engineer, presented a funding request for the SR20 Corridor Study. This item was presented to the Council in February but was tabled to study the proposal in more detail. Mr. Carlisle emphasized the broad-based information that would be provided with this study. With that Mr. Carlisle moved, seconded by Mr. Sizemore, to authorize the appropriation of $10,000 toward this study with the proviso that safety improvements to the SR20/Thompson Road intersection be given first priority. Mr. Christiansen emphasized the critical safety needs of this segment of the highway. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Fidalao Bav Plan Update (Verball Mr. Ian Munce, Planning Director, reviewed action taken to date on the Council recommendations on the Fidalgo Bay Subarea Plan (Subarea 3) forwarded to state agencies. Those recommendations included additional policies for the use of the conditional use mechanism to add some commercial uses north of 22nd street. Mr. Munce reported that, to date no new comments were received from state agencies and no new comments were received from the affected property owners. None have come forward with a proposal. Mr. Christiansen suggested that a round table discussion on this matter be scheduled for March 23, 1998. Since progress has been made on the railroad issue substantive dialogue can take place on the 23rd. Councilmembers concurred. Consent Agenda Mr. Sizemore moved, seconded by Mr. Brown to approve the following consent agenda items. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Voucher ADDroval Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 19, 1998 and February 26, 1998 be approved for payment as of this date, March 2, 1998. Vote was unanimous. Claims Warrants Mar, 1998: Warrant Numbers 53473 through 53670 in the total amount of $519,956.98 Prewritten Claims Feb, 1998 Warrant Numbers 53296-53300, 53471-53472 in the total amount of $6,540.93 Draw Pavroll Feb, 1998: Warrant Numbers 9919 through 9995 in the total amount of $41,190.50 Council cancelled payroll warrant # 9593 in the amount of $2,116.68 and claims warrant # 53311 in the amount of $20.00. Council adopted Ordinance No. 2452 vacating a portion of 13th Street. Closed Record Meetina: Stamoe Conditional Use - Fourolex in R3 Zone - ADoeal Mayor Maxwell initiated the closed record meeting on a conditional use application submitted by Mr. Kurt Stampe to expand a duplex to a fourplex in the R3 zone. Mr. Petrish excused himself from debate or vote on this issue and left the building. Mr. Ian Munce, Planning Director, defined the procedure for Council and audience. He explained that the Planning Commission held an open record public hearing on this matter. The transcript, correspondence and findings from that Hearing have all been forwarded to Council. The Planning Commission reviewed the application based on criteria contained in the zoning code to determine what detrimental impact on a neighborhood, if any, that a project may have. Having used this review criteria, the Planning Commission recommended that while some aspects of the project are appropriate, the issues of adjacent lower density area, deficient infrastructure, and stormwater demonstrate that this project will be a detriment to the neighborhood. The Planning Commission recommends denial of the application. The applicant, Mr. Kurt Stampe, filed an appeal of that decision. Mr. Stampe and those who testified against Mr. Stampe's application at the Planning Commission meeting will be allowed to speak on the appeal. Mr. Kurt Stampe, 825 Shoshone Drive, La Conner, applicant, spoke in favor of the fourplex. He pointed out that zoning on both sides of 28th is R3 and said that the area will probably develop in that fashion. Mr. Stampe said that while there is an existing drainage problem he suggested forming of an LID to correct the problem. He also said that he could find no requirement calling for a buffer region between residential zones. The only affect his project would have on the undeveloped land adjacent would be non-invasive including patios and landscaping. Mr. Barton Evans, 1710, 1718 28th Street, discussed the negative impact to the neighborhood caused by current and future development. Mr. George Mehler, 1820 32nd St., adjacent property owner, discussed surface water issues, .the inadequacy of 28th street, and zoning ordinance criteria. There were no further comments on the appeal and the Mayor closed the comment period. Having reviewed all of the material, Mrs. Robinette complimented the Planning Commission on the analysis of this project. Mrs. Robinette encouraged Mr. Stampe and neighbors to develop an LID for improvements. However, because the zoning ordinance conditional use criteria clearly have not been met by this application, Mrs. Robinette moved, seconded by Mr. Rock, to deny the conditional use application to expand a duplex to a fourplex at 17109 28th Street and to deny the Stampe appeal. Mr. Christiansen emphasized the public safety and welfare issues. Vote: Ayes - Rock, Carlisle, Sizemore, Brown, Christiansen, Robinette. Motion carried. Mr. Petrish returned to the Council Chambers. 1367 March 2, 1998 - continued Resolution: Su000rt of Recommendations by the Sound Transoortation Coalition Mayor Maxwell introduced this item by referencing a January, 1998 letter from Sheila Stickel of the Sound Transportation Coalition. The letter contained a proposed Resolution in support of the recommendations of the Sound Transportation Coalition to improve the Washington state ferry fleet. Discussion followed regarding the appropriate timing to submit the Resolution/petition. Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Resolution No. 1465 entitled "Resolution in Support of Recommendations by the Sound Transportation Coalition". Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Ordinance: Amendina Street Desian Standards Mr. Ian Munce, Planning Director, presented three Ordinances to Council for approval. Discussion followed regarding joint City/County SEPA review. Stating that they were technical updates to current development ordinances, Mr. Carlisle moved, seconded by Mr. Brown, to adopt: Ordinance No. 2453 entitled, "An Ordinance Amending Chapter 15.20 of the Anacortes Municipal Code (City of Anacortes Street Design Standards)"; Ordinance No. 2454, entitled "Technical Corrections to Zoning Ordinance"; and Ordinance No. 2455 entitled, "Technical Corrections to the Subdivision Ordinance". Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Skate Park Site Man ADoroval Mr. Gary Robinson, Director of Parks and Recreation, presented a memorandum outlined issues reviewed at Study Session regarding the development of a proposed skate board park at Alice Newland Park, "R" Avenue. Council has reviewed preliminary site plan. Mr. Rock moved, seconded by Mr. Christiansen, to approve the site plan and to authorize staff to move forward with the design work for the park. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. No - Petrish. Motion carried. Police Deoartment Buildina: Lease with National Guard/RFP for Architect Police Chief Mike King, presented the proposed lease with the Washington National Guard to co -locate the police department at the existing armory at approximately 22nd Street and "M" Avenue. This proposed lease has been reviewed with Council in Study Session. Mr. Brown moved, seconded by Mr. Sizemore, to authorize the Mayor to enter into a lease agreement with the Military Department for the State of Washington to co -locate the police department with the national guard facility in Anacortes and to go forward with a request for proposals to select the architect for the design of the new facility. Mr. Sizemore then reviewed the development of the current least proposal. He then offered an amendment to the motion to add the proviso that the existing police facility be surplused and sold when the new facility is complete. Mr. Christiansen seconded Mr. Sizemore's amendment and spoke to the need to prepare the building's financial package. Commenting on the main motion, Mrs. Robinette suggested that the architect contact space needs issues are addressed before building design. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Vote on main motion as amended: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. At approximately 9:45 p.m., Mayor Maxwell announced that this meeting would first be continued to Tuesday, March 3, 1998 at 8:30 a.m. in the Municipal Building Council Chambers to conduct the Council retreat and would then be continued to Monday, March 16, 1998 4:00 P.M., 35th Street and "U" Avenue to conduct a site visit in conjunction with a petition to vacate a portion of "U" Avenue. Geor htai;y( City Clerk -Treasurer H. Dean Maxwell, Maypt/ Al . n C March 16, 1998 On the morning of March 3, 1998 at 8:30 a.m., Mayor Maxwell reconvened the continued meeting of March 2, 1998. The Mayor, Council, and staff then participated in an all -day retreat. Staff updates were conducted during the morning session and strategic planning dialogues were held during the afternoon. At approximately 4:00 p.m. Mayor Maxwell continued the meeting to March 16, 1998 at 4:00 p.m., 35th Street and "U" Avenue, in order to conduct a site visit in conjunction with a petition to vacate a portion of "U" Avenue. On the afternoon of March 16, 1993 at 4:00 p.m., Mayor Maxwell reconvened the continued meeting of March 2, 1998. Councilmembers surveyed the site to facilitate decision-making on a proposed vacation of 10 feet of "U" Avenue. At approximately 4:30 p.m. the site visit was concluded, no new testimony was taken, and the Mayor declared the continued meeting of March 2, 1998 adjourned. Mayor Dean Maxwell called the regularly scheduled meeting of March 16, 1998 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. Sizemore moved, seconded by Mr. Christiansen, that the minutes of March 2, 1998 be approved as if read. Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearinas Mr. Francis Orr presented a petition to Council. The purpose of the survey/petition was to determine business community's attitude with regard to the extension of the Anacortes Railway franchise. Mr. Orr described the demographics of the petition participants. There were 359 participants who signed the petition which states, in part, "We urge the Anacortes City Council to act swiftly and favorably upon the proposal to extend the railroad franchise to Weaverling Spit." Mavor/Council Communication Mayor Maxwell read from a Proclamation proclaiming March 19, 1998 "Absolutely Incredible Kid Day". Sponsored by the Camp Fire Boys and Girls Council, on March 19th adults are encouraged to write a letter to the children in their lives letting them know they're loved and appreciated. Deliberation/Decision/Vacation of Portion of "U" Avenue - Ordinance Mr. Jim Pemberton, Director of Public Works, introduced this item to Council. He explained that Public Hearings have been held by the Board of Adjustment and City Council on a petition to Vacate the east 10 feet of "U" Avenue abutting Lot 10, Block 29, Beale's Maple Grove Addition. During these hearings a neighbor to the east protested the vacation because his trucking business could be affected by the reduced right-of-way. Council and staff discussed an easement as a possible solution. Council approved the vacation. The neighbor then wrote to the Mayor and Council stating that he had not had an opportunity to be fully heard on the information he wanted to present and the Council reconsidered its decision to vacate. A site visit was then scheduled for the afternoon of March 16th. The Council conducted the site visit. At the conclusion of Mr. Pemberton's review and at the conclusion of Council's discussion on the issues, Mr. Rock moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2458 vacating the east 10' feet "U" Avenue abutting Lot 10, Block 29, Beale's Maple Grove Addition. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. 13th Street LID. # 205 - Resolution Settina Public Hearina Date Mr. Dave Lervik, City Engineer, presented a Resolution to Council setting April 20th as the Hearing Date for the Final Assessment Roll hearing for LID # 205. LID # 205 includes the paving of roads and installation of drainage on 13th Street from Alaska to D Avenue and A and B Avenues from 12th to 13th Streets. Mrs. Robinette complimented the staff on the project. Mr. Christiansen moved, seconded by Mr. Brown to adopt, Resolution No. 1466. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Skagit County Coordinated Water System Plan Update Mr. Jim Pemberton, Director of Public Works, presented the Scope of Work and proposed budget for an update of the Skagit County Coordinated Water System Plan. A 5 -year Plan update is mandated by State law. The Plan addresses water service as a regional water supply between Skagit PUD and the City of Anacortes for serving Skagit County. It addresses, in part, service area boundaries, design standards, water rights issues. The Plan will also be updated to include the Memorandum of Agreement between the tribes, PUD, the City, and State agencies, and to bring the Plan in compliance with the Growth Management Act. Staff recommends that the Mayor be authorized to execute the Memorandum of Agreement and to amend the budget to allow for the City's participation on the Water Utility Coordinating Committee to oversee the Plan update. Mr. Sizemore so moved, seconded by Mr. Rock. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. 16 6 6 March 16, 1998 - continued Telecommunications Moratorium: Next Sten Mr. Ian Munce, Planning Director, addressed this item. Mr. Munce reviewed progress to date on the development of an Ordinance that would regulate telecommunications facilities within the City. Public Hearings have been held and testimony taken regarding the exemption of a co -location of a new cell unit on the existing tower on Mt. Erie. A potential cell company has requested such an exemption, and has suggested the conditional use process for permitting. Staff is reviewing priority use for City needs including the 911 system. Work is ongoing for the development of a model ordinance. Mr. Christiansen asked if taking action on a request now would affect future applications to co -locate. He also discussed the condition of the road to Mt. Erie. Council agreed to wait until more information was available on the proposed ordinance. Town Crier (Contract Amendment) Mayor Maxwell reported that at last week's Study Session the Sister Cities organization presented a request to amend the Sister Cities contract scope to include the consideration of the Town Crier. Council is now being asked to approve the application for the Towncriers Competition which includes item # 3 requesting $500 to defray expense of uniform maintenance and regional travel beginning 1999. The second application issue is item # 4, "consideration for costs of out of the region travel when approved in advance." Mrs. Robinette suggested that a community-based committee be formed to oversee the Town Crier activities. Mr. Munce recommended that items 3 and 4 under AWARDS: be amended to include the following asterisk: * Subject to appropriate approval by the City Council for 1999, and annually thereafter, through competitive application for tourism promotion funds." Councilmembers clarified that the administration of the Town Crier activity would not be a City responsibility. With that, Mr. Carlisle moved, seconded by Mr. Brown, to approve the Town Crier application. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. 1197 Street Storm Separation Proiect Mr. Dave Lervik, City Engineer, reported that the Scope of this project was to construct storm sewer lines to remove rainwater from the sanitary sewer system. Three basins were addressed: 8th street from L to I Avenues; 9th Street near E Avenue and 24th Street from G to H Avenues. The improvements are complete and have been tested. Mrs. Robinette complimented staff on the project. With that Mr. Carlisle moved, seconded by Mr. Brown, to accept the project as complete thereby initiating the 30 -day lien period. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Consent Agenda Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the following consent agenda items. Vote: Ayes - Carlisle, Sizemore, Brown, Christiansen, Robinette, Rock. Abstain: Petrish. 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 March 5, 1998 and March 12, 1998 be approved for payment as of this date, March 16, 1998. Vote was unanimous. Claims Warrants Mar, 1998: Warrant Numbers 53676 through 53874 in the total amount of $296,606.10 Payroll Feb, 1998: Warrant Numbers 9996 through 10154 in the total amount of $324,636.35 Council cancelled claims warrant # 53285 in the amount of $67.00 Council adopted Findings of Fact and Conclusions of Law on the Stampe Conditional Use application. Council confirmed the appointments of Sharon Horak and John L. Moody to the Library Board. Public Hearina: Vacation - Portion of "C" Avenue Mayor Maxwell opened the Public Hearing on a Petition to Vacate the east 10 feet of "C" avenue abutting Lot 10, Block 206, Anacortes Original Addition. Mr. Jim Pemberton, Director of Public Works, addressed this item. He explained that the Board of Adjustment recommended that the vacation be granted. A setback variance has already been approved by the Board of Adjustment, and at that time the Board encouraged the applicant to petition for the vacation. There were no comments from the audience and the Mayor declared the Public Hearing closed. March 16, 1998 - continued 137-0 Mr. Christiansen moved, seconded by Mr. Brown, to approved the vacation of the east 10 feet of "C" Avenue, abutting Lot 10, Block 206, Anacortes Original Addition and to adopt Ordinance No. 2456 authorizing the vacation. Vote: Ayes Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Water Rates: Ordinance Mr. Jim Pemberton, Director of Public Works, addressed this item. By way of background, he explained that last fall the Finance Director submitted a request for proposals to do a rate study in the water utility to cover the years 1998, 1999 and 2000. R.W. Beck was selected. A water rate advisory committee also worked with R.W. Beck. Based on revenue projections and analysis of current rates a deficiency in water revenues was highlighted. Therefore, a rate increase was found to be necessary. There were no public comments. Mr. Christiansen supported the recommendations of the rate study. After discussion, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2457 providing rates to be charged for the furnishing and sale of water by the City of Anacortes. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Consideration of Bids for Demolition of Skvline Wastewater Treatment Plant Mr. Dave Lervik, City Engineer, presented this item to Council. He reported that bids were opened on March 10th for the demolition of the old Skyline Wastewater Treatment primary plant structures. Low bid was received from G and G Excavation, Inc., Anacortes in the amount of $28,560.60. Mr. Brown moved, seconded by Mr. Sizemore, to accept the low bid. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Railroad Trail Resolution Mr. Gary Robinson, Director of Parks and Recreation, submitted a Resolution to the Council and audience. Copies of the Resolution were made available to the public. The Resolution addresses the Anacortes Railway's Franchise; this issue has been reviewed in previous Council study sessions. Mr. Jim Pemberton, Director of Public Works, recommended a language change in paragraph 7 beginning, "NOW, THEREFORE, .........Anacortes Railway will pay the costs of re -gauging the City's track, will repave road crossings, will provide switches and a turntable at end -of -line (Thompson 8/28/97)." Mrs. Robinette discussed the last sentence of the Resolution, "...,with priority to trail use." Mrs. Robinette recommended that that phrase be amended to read, "...with rail elements designed to facilitate priority trail uses." With those two amendments Mr. Rock moved, seconded by Mr. Brown, to adopt Resolution No. 1467 entitled, "Describing Conditions Under Which Anacortes Railway's Franchise Ordinance 2114 will Eventually be Extended South from 9th Street to Weaverling Spit.". Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. At approximately 9: 15 p.m. the Mayor announced that the Council would convene in Executive Session to discuss personnel matters. At approximately 9:30 p.m. the Council reconvened and without taking any further action adjourned the meeting of March 16, 1998. /rg�ean, ity Clerk -Treasurer H. Dean Maxwell, Mayo ouncilmember 1371, April 6, 1998 Mayor Dean Maxwell called the regularly scheduled meeting of April 6, 1998 to order at 7:30 p.m. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Ken Brown. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Sizemore moved, seconded by Mr. Christiansen, that the minutes of March 16, 1998 be approved as if read. Ayes - Petrish, Sizemore, 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 pointed out that there will be an Anacortes Railway status report at the April 13, 1998 Study Session. This report will include a review of the insurance and "Q" Avenue issues. Anacortes Industrial Park Sian -Before discussion on this item Mr. Sizemore pointed out that he is an Industrial Park property owner. There were no objections to Mr. Sizemore's participation in this matter. Mr. Ian Munce, Planning Director, then stepped to the microphone to present this request. He first pointed out that Council and staff reviewed the subject of industrial park signage at a recent Study Session. He then explained that there is no Industrial Park identifier for traffic leaving Highway 20/R Avenue. Some of the Industrial Park business owners have proposed that a sign be placed in the "R" Avenue median for 8-10 participants. The sign would be placed north of 34th Street and 'R' Avenue and would require authorization for an expenditure of up to $2,500 in matching City funds for the cost of the sign. Mr. Petrish asked if there would be an advantage to having a duplicate sign at the north end of "R" Avenue. Questions followed regarding placement of the sign. Mr. Carlisle suggested that the blank side of the sign be used for an appropriate message. With that, Mr. Carlisle moved, seconded by Mr. Christiansen to approve the Industrial Park sign and the expenditure request as presented. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Filter Media Reolacement Proiect. Media Purchase Mr. Ed Capasso, Water Treatment Plant Manager, presented this item to Council. Mr. Capasso directed Council's attention to a February 27th memo from Willie Larue, Project Manager, regarding quotations received from media suppliers for the filter media replacement project. This project is one task of the overall pilot filtration project. Low bid was received from Manufacturer's Mineral in the amount of $55,222.60. Mr. Christiansen moved, seconded by Mr. Rock, to accept the Manufacturer's Mineral bid. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Buildina Permit Fees: Ordinance Mr. Ian Munce, Planning Director, presented summary remarks on an Ordinance amendment previously reviewed by Council in Study Session. The proposed Ordinance amends the Building Permit Fees with an increase in Commercial project fees to cover costs for outside consulting fees as well as in-house work. Single family dwelling fees will not be affected by this amendment. Mr. Rock moved, seconded by Mrs. Robinette to adopt Ordinance No. 2459 entitled, "An Ordinance Amending Section 3 (J) of Ordinance No. 2363, passed and approved on the 6th day of June, 1995". Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Christiansen. Motion carried. Water Rate Amendment Mr. Steve Mansfield, City Attorney, explained to Council that the Ordinance now before them contains one amendment only to the recently approved Water Rate Ordinance. The amendment deletes one sentence relating to the application of utility taxes to water accounts outside the City limits. There is no other affect on the recently approved rate structure. Mr. Sizemore moved, seconded by Mr. Petrish, to adopt Ordinance No. 2460 entitled, "An Ordinance Amending Section 1 of Ordinance No. 2457, passed and approved on the 16th day of March, 1998." vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Christiansen, Robinette. Motion carried. April 6, 1998 - continued Consent Agenda Mr. Carlisle requested that item 6 b be removed from the Consent Agenda. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the following consent agenda items. Vote: Ayes - Carlisle, Petrish, Sizemore, Christiansen, Robinette, Rock. Motion carried. Voucher ADDroval Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 20, 1998, March 27, 1998 and April 2, 1998 be approved for payment as of this date, April 6, 1998. Vote was unanimous. Claims Warrants Apr, 1998: Warrant Numbers 53879 through 54143 in the total amount of $390,857.32 Payroll Mar, 1998: Warrant Numbers 10234 through 10389 in the total amount of $358,741.91 Draw Pavroll Mar, 1998: Warrant Numbers 10155 through 10233 in the total amount of $38,714.75 Council cancelled claims warrant # 53659 in the total amount of $13. Consent Agenda Item 6 c Ordinance: Credit Cards, Mr. Carlisle asked that this Consent Agenda item be placed for open Council discussion. Both Mr. Carlisle and Mrs. Robinette asked that Credit Cards/Travel Policies be placed on a Study Session agenda. Mrs. Robinette asked that staff be available to describe procedure/policies. With that Mr. Carlisle moved, seconded by Mrs. Robinette, to adopt Ordinance No. 2461 entitled, "An Ordinance of the City of Anacortes, Washington Adopting a System for the Issuance, use and Control of Credit Cards by City Officials and Employees". Ayes - Petrish, Sizemore, Christiansen, Robinette, Rock, Carlisle. Motion carried. 1998 Whidbev Roostertail Reauest Mr. Bob Vaux, Forestlands and Operations Manager, presented this item to Council. Referencing his March 12, 1998 memo to Council, Mr. Vaux explained that the Whidbey Island Roostertails have asked for three weekend racing dates for 1998. Mr. Vaux then referenced Ordinance # 2401 which, in part, authorizes Council to allow for two weekends only per year for water craft special events. The Forest Advisory Board reviewed this request and voted unanimously to recommend granting two weeks only as permitted by Ordinance # 2401. Mr. Vaux further recommends that only the two fall events be held to avoid disturbing spring water fowl nesting and fishing season. Mrs. Robinette asked to hear from a spokesman for the Roostertails. Mr. Theodore Maltsy, 9445 20th Avenue SE, Seattle, 98106 spoke on behalf of the group. He said that Heart Lake has experienced an increase in mill foil increase and vegetative growth. Mr. Maltsy suggested that racing vehicles could reverse this growth. Both Mr. Carlisle and Mr. Rock supported this idea. Mr. Vaux pointed out that no scientific data exists to support such a claim. Mrs. Robinette moved "to approve the September and October dates and then ask Mr. Vaux to look into any possible reason for the health of the lake where we might open this for one other event". Mr. Vaux explained that it would be difficult to gather the appropriate data by this summer. Motion died for a lack of a second. Mr. Carlisle then moved, seconded by Mr. Christiansen, to approve "...the two dates in September and October and to also approve an August date as agreed to by the Parks Department and the Roostertails to give us as much mill foil cleaning as possible and not disturb the ducks." Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Surolus Sanitation Trucks/Containers Mr. Doug Terry, presented an April 2, 1998 memo from Mr. Marc Krueger outlining the garbage division equipment to be declared surplus including two trucks and 209 containers. Mr. Sizemore reported that he has inspected the trucks and has evaluated the offer of $7,500 each for the trucks. As a result of his investigation, Mr. Sizemore moved, seconded by Carlisle that the equipment outlined in the April 2nd memorandum be declared surplus, and that the $7,500 each offer for the trucks be accepted. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Resolution: In -lieu Parkina Proaram: 4th & O Avenue (Sun Svstemsj Mr. Ian Munce, Planning Director presented a draft lease option for Sun Systems' 4th St. and O Avenue parking lot usage. Focusing on the Comprehensive Plan's emphasis on the revitalization of the downtown (Central Business District), Mr. Munce reviewed action taken to date by Sun Systems to develop the Phillips Building at 4th Street and Commercial Avenue. 1372 1373 April 6, 1998 - continued Extensive renovation of this site is underway with a goal of building occupation by summer. To meet this schedule a parking/lease agreement proposal is now before Council. The Planning Commission reviewed this proposal and Council received a transcript of the Commission's deliberation on this matter. Mr. Andy Mayer, Director of Chamber of Commerce, reported on the overall attitude of other downtown business owners with regard to this proposal. Business owners asked about availability of weekend parking and suggested that proceeds from the lease agreement to be used to purchase additional downtown parking space. Emphasis was placed on the retention of public parking spaces. At the conclusion of the discussion Mr. Rock moved, seconded by Mr. Sizemore, to table this matter for two weeks to conduct an Executive Session to discuss details of the real estate transaction. Mr. Petrish pointed out that there will be more parking requests in the future and planning for this need is critical. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Christiansen. Motion carried. Acceptance of Imo_ rovements: M Avenue Sidewalks Mr. Dave Lervik, City Engineer, addressed this item. Mr. Lervik discussed the sidewalk construction project along M Avenue from 11th Street to 32nd St. The work has been completed, the sidewalks and curbs have been inspected. Staff recommends that Council accept the project as complete thereby initiating the 30 -day lien period. If no liens are filed any retainage now held shall be released to the contractor. Complimenting the project, Mr. Sizemore so moved, seconded by Mr. Rock. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Christiansen, Robinette. Motion carried. 1998 Quarterly Budaet Amendment Ordinance t First Quarter ) Mr. George Khtaian, Finance Director, presented the first quarter Budget Amendment Ordinance together with a April 2, 1998 memorandum from Jerry Knutsen, Comptroller summarizing the amendments. Mr. Khtaian then reviewed of the following fund amendments: General Fund (001); Parks Capital Improvement Fund (108); Fire Stations Construction Fund (352); Water Fund (401); Sewer Fund (440); City Medical Benefit Fund (503). Staff present answered questions about various project expenses. Mr. Petrish emphasized the critical nature of the overgrowth of ivy at Rotary Park and asked that this be considered at the next budgeting session. With that, Mr. Christiansen moved, seconded by Sizemore, that Ordinance No. 2462, entitled "An Ordinance Amending Ordinance No. 2442 approved and adopted on December 1, 1997 and entitled 'An Ordinance Adopting the Budget for al Municipal Purposes and Uses for the year 1998' ". Vote: Ayes - Carlisle, Petrish, Sizemore, Christiansen, Robinette, Rock. Motion carried. At approximately 8:40 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, April 20, 1998 at 6:30 p.m. in order to conduct an Executive Session to discuss a real estate transaction. George Khtaian, City Clerk -Treasurer 4. k,-., WL4,�/ H. Dean Maxwell, May6r Councilmember 1374 April 20, 1998 At 7:30 p.m. Mayor Maxwell announced that the Executive Session scheduled for 6:30 p.m., Monday, April 20, 1998 was cancelled, and that the regularly scheduled meeting of April 6, 1998 (continued to accommodate the Executive Session) was adjourned. Mayor Dean Maxwell then called to order the regularly scheduled meeting of April 20, 1998. 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. Sizemore moved, seconded by Mr. Rock, that the minutes of April 6, 1998, be approved as if read. Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mr. Carlisle reported on the recent Fidalgo Island Quilt show and associated "quilt walk". Held at the Armory, the Quilt Show attracted 1,849 people. There were 43 retail store participants in the quilt - walk. Mr. Carlisle suggested that the Fidalgo Island Quilt Club be considered for a 2% tourism fund award to advertise future events. Mrs. Robinette congratulated Mr. Randy Cox, developer of Village Park on "D" Avenue, on the detention system at the entrance to Village Park. The system is both functional as well as attractive. Mrs. Robinette encouraged other neighborhood groups to use this system as an example. Consider Bids for R -Avenue Left Turn Merqe Lane Mr. Jim Pemberton, director of Public Works, presented bid results for the Left Turn Merge Lane channelization project at 32nd Street and "R" Avenue. The low bid was received from Schwetz Construction, Inc., Sedro Woolley, in the amount of $18,417.50. Staff recommends that the bid be awarded to Schwetz Construction. Mr. Christiansen so moved, seconded by Mr. Brown. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Railroad Corridor Clearinq Approval Mr. Gary Robinson, Director of Parks and Recreation, presented a request to Council for authorization to move forward with a railroad corridor -clearing project located from the Plywood Mill to Weaverling Spit. Mrs. Robinette suggested that the Park Board coordinate volunteers to flag trees along this route to be saved from clearing. Mrs. Robinette further requested that proof of insurance be made available for damage or injury. The Mayor explained that the City's internal contract approval process would address the insurance issues. Both Mrs. Robinette and Mr. Christiansen emphasized the need to protect as many trees as possible. After discussion, Mr. Sizemore moved, seconded by Mr. Petrish, to authorize the $3,500 expenditure for the railroad corridor -clearing project as outlined in the Park Director's memorandum of April 14, 1998. Vote: Ayes — Brown, Christiansen, Rock, Carlisle, Petrish, and Sizemore. No — Robinette. Motion carried. Engineering Contract: Street in Industrial Park Mr. Ian Munce, Planning Director, addressed this item by listing the remaining Industrial Park sites available for sale. The Director requested authorizing for Leonard and Boudinot to perform the Engineering work to construct a cul-de-sac in one of the remaining 4 -acre piece. This prepatory design work would further enable the City to market this property. With that, Mr. Christiansen moved, seconded by Mr. Brown, to approve the $5,500 expenditure for Industrial Park street design improvements. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Public Hearinq: LID 205 Final Assessment Roll Mayor Maxwell opened the Public Hearing on the Final Assessment Roll for L.I.D. No. 205, the 13th Street paving project. Mr. Dave Lervik, City Engineer explained to Council that this Public Hearing was one of the final steps in the LID process. He then detailed the improvements and project costs. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mrs. Robinette congratulated staff on total project costs and on the finished project. With that, Mr. Rock moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2463 approving and confirming the assessments and assessment roll of LID 205. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Completion of WWTP Revisions Proiect Mr. Jim Pemberton, Director of Public Works, discussed the completion of the Wastewater Treatment Plan revision project. Mr. Pemberton referenced an April 15, 1998 memorandum from John Franz, Plant Manager regarding change orders. The project was to provide dechlorination facilities and additional ventilation work and was awarded to Magnolia Contractors. The project has been successfully completed and staff recommends that this project be accepted as complete thereby beginning the mandatory 30 -day lien period. Mr. Christiansen so moved, seconded by Mr. Brown. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. 1375 April 20, 1998 — continued Consent Agenda Mr. Sizemore moved, seconded by Mr. Rock, to approve the following consent agenda items. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. 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 April 9, 1998 and April 16, 1998 be approved for payment as of this date, April 20, 1998. Vote was unanimous. Claims Warrants Apr, 1998: Warrant Numbers 54147 through 54308 in the total amount of $350,099.91 Draw Payroll Apr, 1998: Warrant Numbers 10390 through 10468 in the total amount of $38,693.62 Council adopted Resolution No. 1468 setting May 18, 1998 as the public hearing date on a petition to vacate a portion of 11th Street. Consider Bids: Paint Strininq Unit Mr. Jim Pemberton, Director of Public Works, reviewed the bids received for the paint striping machine. Low bid was received from Trantex in the amount of $44,375.00. Discussion followed regarding mandated use of water -base paints. Mr. Pemberton pointed out that the proposal before Council is the most cost effective. Following discussion Mr. Petrish moved seconded by Mr. Carlisle, to accept the Trantex bid. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Contract Amendment: Montgomery Watson/RE: 24" Pipeline Replacement Mr. Jim Pemberton, Director of Public Works, presented Amendment No. 1 to the Agreement for Engineering Services for the Waterline Replacement Project, Segment 1. . Montgomery Watson Americas, Inc. will provide the design work. This amendment will be to develop a revision for the pipeline alignment around the Farmhouse and alignment of the intertie pipeline along the Swinomish Slough. The project budget will need to be amended in the amount of $14,195.00. Mrs. Robinette moved, seconded by Mr. Brown, to authorize the Mayor to execute Amendment # 1 and to approve the project budget. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Public Hearinq: Comprehensive Plan Map Amendment/Rezone 10th and 'Commercial Avenue/Commercial to CBD Mayor Maxwell opened the Public Hearing on a Petition submitted by Vintage Investments to rezone a tract of land generally located at the southeast corner of 10th Street and Commercial Avenue. The zone designation would change from "Commercial" to "Central Business District". Mr. Ian Munce, Planning director, used an overhead display to highlight the boundaries of the Central Business District including the subject property. The proposed rezone would constitute an expansion of the CBD. The site is the possible location for the liquor store and Radio Shack. The Planning Commission worked with the applicant on parking issues. Council received a copy of the site plan showing off-street and angled parking, and room for a SKAT bus pullover area. There was no negative public testimony and the Planning Commission recommended approval of the rezone. There were no comments from the audience and the Mayor declared the Public Hearing closed. After discussion Mr. Carlisle moved, seconded by Mr. Petrish, to amend the Comprehensive Plan Map with the rezone of 10th and Commercial from Commercial to CBD. Mr. Rock spoke to future discussions regarding the zoning of the surrounding area. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Closed Record Meeting: Conditional Use — Church Expansion Mr. Ian Munce, Planning Director began his review of this project by reporting that there were no appeals to the Planning Commission decision to recommend approval of the Westminster Presbyterian Church expansion project at 1300 9th St. The recommendation was made with 12 conditions attached. No appeals have been filed. Mr. Munce then displayed a drawing showing the building expansion and described the off-street parking arrangements. After discussion Mr. Carlisle moved, seconded by Mr. Christiansen, to approve the Conditional Use Application subject to the 12 recommended conditions. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Public Hearing: Fidalao Bav Plan (specific reference to properties owned by MJB and the Port of Anacortes (Proceedings are on tape and filed at City Hall) Mayor Maxwell opened the Public Hearing to take public comment on the Fidalgo Bay Area Sub -Area Plan. Mr. Ian Munce, Planning Director, presented a brief background, first pointing out that numerous public hearings have been held on this issue. Mr. Munce listed the development changes reached by consensus thus far; an esplanade, more sidewalks, railroad corridor, and design standards. The Planning Commission recommended that projects in this area be reviewed on a case 1376 April 20, 1998 - continued by case basis carefully using the Conditional Use approach. MJB and the Port principal Industrial Park landowners submitted proposals at past hearings but no new formal submittals have been presented as of this public hearing. Copies of all correspondence have been forwarded to Council. Mr. Munce suggested that Council hear all the testimony this evening but to deliberate one week from tonight. Mr. Jack Papritz, 3706 J Avenue, began the public testimony. He emphasized development of tourism, convention center, and theme park for children, ship museum/aquarium. Mr. Don Yankacy spoke against the rezone and stressed the need for jobs. He then submitted additional signatures for a petition from Citizens against Rezone. Mrs. Cynthia Richardson, 5601 "D" Street, and Planning Commission member, reviewed the hearings, public testimony and over the last year. Mrs. Richardson suggested that now was the time for the Council to decide these zoning issues. She suggested that 22nd Street is the logical division for focus for tourist/commercial uses and industrial uses. Mrs. Lisa Kingman, 3310 F Avenue, spoke against the rezone and asked the Council to consider young people in town whose careers may be affected by this rezone. Ms. Carol Ehlers, 1356 Windcrest Lane, suggested planning for a functioning, safe area to be easily patrolled by public safety and emphasized the need for fiber optical cable to this area. Mr. Don McDugle, 1014 6th Street, spoke against the MJB condo proposal and discussed conflict of interest issues. Mr. Phil Burton, 620 Commercial, suggested that the rezone would risk the City's quality of life and upset the balance of Commercial businesses. He supported the community review brought about by the conditional use process. Ms. Ramona Hammerly, 1710 7th St., spoke against the loss of industrial land. Mr. Brian Wetcher, 814 26th St., discussed income from service versus industrial jobs and carrying capacity of the existing sewer plant. Mr. Jack Mayer, 1381 Idlewood Drive, emphasized that the community does not want strip malls and multitude of businesses and encouraged follow-through with the Skateboard Park. Mr. John Killingsworth, 2404 Highland Drive, spoke in favor of the Fidalgo Bay Plan zoning. Ms. Cindy Rose, 4017 W. 4th Street, encouraged protection of the City's existing small business owners. Mr. Robert Tull, Attorney, representing Citizens Against the Rezone, summarized his 10 -page analysis to Council, including Comp Plan/Growth Management Plan issues, what scale of retail makes sense, and what are the standards that apply. Michael Maggerkurth, 3320 Commercial, encouraged a speedy decision against the rezone. Mr. Jack Paptritz spoke in favor of controlled rezoning with citizen input together with an emphasis on quality of life. There were no further comments and the Mayor declared the Public Hearing closed. Having heard all the testimony, Council agreed to continue this meeting for discussion and decision making. A Public Hearing will follow any Council proposals. At approximately 9:40 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, April 27, 1998 at 6:30 p.m. so that the Council can deliberate with possible decision on the Fidalgo Bay Plan. George Khtaian, City Clerk -Treasurer H. Dean Maxwell, Mayor/ ` Councilmember 1377 May 4, 1998 At 7:30 p.m., April 27, 1998, Mayor Maxwell reconvened the continued meeting of April 20, 1997. The meeting of the 20th was continued so that the Council could deliberate on the Fidalgo Bay Plan. Having conducted public hearings, taken testimony, received written letters and proposals, the Council began the deliberation process. No action was taken. At approximately 9:30 p.m. Mayor Maxwell adjourned the April 27th meeting. Mayor Pro -Tem Terry Christiansen called to order the regularly scheduled meeting of May 4, 1998. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette. Absent: Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Brown, that the minutes of April 20, 1998, be approved as if read. Ayes - Petrish, Sizemore, Christiansen, Brown, Robinette, Carlisle. Motion carried. Citizen Hearinas Ms. Allison Mathes, 4308 Tyler Way, described her High School senior project to Council and the audience. Ms. Mathes' project will be to coordinate a mock -DUI crash to be held on Friday, May 8th at 8:30 a.m. at the High School football field. The public is invited to watch and public safety support will participate in the event adding to the authenticity of the simulation. Councilman Carlisle emphasized that this is a very graphic and moving event showing the disastrous effects of driving while under the influence. Mavor/Council Communication Mayor Pro -tem Christiansen read a Proclamation proclaiming May 9, 1998 as National Association of Letter Carriers Food Drive Collection Day and encouraging citizens to participate by placing a non- perishable food item near their mailboxes on May 91h Mrs. Robinette brought up her participation in the eelgrass demonstration project for the Fidalgo Bay Plan. She suggested that it would now be appropriate for Council to conduct policy discussions and recommended that a Council sub -committee be formed to report recommendations back to Council. Council agreed to form such a committee and Ray Sizemore, Ken Brown, and Jeanne Robinette will be the sub -committee members. Ms. Kathy Janke presented gift baskets to the Council. The baskets were prepared by vendors from the Depot Farmers Market. The market will begin its 10th season on Saturday, May 16th at 9:00 a.m. 1998 Street Improvements Mr. Gordon Bruchner, Engineering, presented this item to Council. Mr. Bruchner reviewed the 1998 Street Program recommended by the Public Works Advisory Board and Public Works' staff. The work is in four categories, sand slurry seal, combination hot asphalt prelevel/chipseal, chip seal, and asphalt overlay. Mr. Bruchner then described the work to be done by category. Mr. Bruchner also discussed specific citizen requests at 4th h, 8th and 26th Streets. On a question from Mrs. Robinette Mr. Bruchner explained how the project priorities were established. After discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the 1998 Street Program as outlined in an April 27, 1998 memorandum from Gordon Bruchner. Vote: Ayes — Sizemore, Christiansen, Brown, Robinette, Carlisle, Petrish. Motion carried. Consent Agenda Mr. Carlisle moved, seconded by Mr. Brown, to approve the following consent agenda items. Vote: Ayes — Christiansen, Brown, Robinette, Carlisle, Petrish, Sizemore. Motion carried. Voucher Approval Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on April 23, 1997 and April 30, 1998 be approved for payment as of this date, May 4, 1998. Vote was unanimous. Claims Warrants May, 1998: Warrant Numbers 54310 through 54524 in the total amount of $287,335.14 Prewritten Claims Apr, 1998: Warrant Numbers 53878, 54144 through 54146, 54309 in the total amount of $66,598.87 Draw Pavroll Apr, 1998: Warrant Numbers 10391 through 10468 in the total amount of $38,339.00 Council adopted Findings of Fact and Conclusions of Law for the Westminster Presbyterian Church Expansion Conditional Use Permit. Council adopted Findings of Fact and Conclusions of Law for the Vintage Investment Rezone of Block 18, Map of the City of Anacortes from Commercial to Central Business District May 4, 1998 — continued Street Closures Mr. Jim Pemberton, Director of Public Works, presented three street fair applications for Council review and approval. All applications have been reviewed by staff and the sanitation, fire, and police departments have imposed requirements. Public Works staff will monitor compliance. On a question from Mr. Sizemore, Police Chief King reported on the results of previously held Oyster Runs. 'Mrs. Robinette recommended that the City provide barricades. Discussion followed regarding purchase of barricades. Police Chief King discussed the process for removing cars left on a parade route, and emphasized the hazards from parade participants throwing candy to children. Mr. Carlisle discussed punitive measures for inappropriate parade parking. At the conclusion of the discussion Mr. Brown moved, seconded by Mr. Sizemore, to approve the street closures. Vote: Ayes — Brown, Robinette, Carlisle, Petrish, Sizemore, Christiansen. Motion carried. Waterfront Festival May 15, 16, and 17, 91h street from R to Q Avenues; R Avenue between 7th and 9th Streets from 2:00 p.m. Friday, May 15th until 6:00 p.m. Sunday, May 171h 4th of JUIv July 4th, Commercial Avenue, restrict parking between 3rd street and 10th street between the hours of 11:00 a.m. and 1:00 p.m. for the parade. (2) M Avenue between 7th and 8th Streets between M and N Avenues between the hours of 9:00 a.m. and 6:00 p.m. Ovster Run September 27th; Commercial Avenue between 4th and 10th Streets. Pavement Management Program Mr. Dave Lervik, Staff Engineer, presented a proposal for the purchase of software and contract with Pavement Engineers to perform the street repair rating and inventory. The software program will correlate the method of street maintenance to a prioritization method of streets. With that, Mrs. Robinette moved, seconded by Mr. Carlisle, to approve the purchase of the software and to authorize the Mayor to enter into an agreement with Pavement Engineers to develop an inventory and rating for the Pavement Management System. Vote: Ayes — Robinette, Carlisle, Petrish, Sizemore, Christiansen, Brown. Motion carried. Closed Record Meeting: Conditional Use Application: Little Folks University Three (3) Appeals Before deliberation on this matter Mr. Sizemore said that his child attends the Little Folks University and Mrs. Robinette said that both she and the applicant are friends and in a chorus together. There were no objections to either Mr. Sizemore or Mrs. Robinette participating in this matter and both heard this issue. Applicants do not live on permises. Mr. Ian Munce, Planning Director, reported that this matter is a Conditional Use application for a Day Care Center at 2008 32nd Street in the R 2 Zone. The applicants, Rex and Melody Turner do not live on the premises. Mr. Munce directed Council's attention to the information packet for this application, including the transcript from the Planning Commission Open Record Hearing, findings of fact, all letters received and Planning Commission minutes. Mr. Munce highlighted the project specific condition # 5 limiting the day care facility to 20 children and limiting the hours from 7:00 a.m. to 6:00 p.m., but not limiting the days of operation. Three letters of appeal were also submitted to Council requesting that days of operation be limited to weekdays only. While the applicant did not specifically request the weekend coverage, the Planning Commission did not want to limit future facility owners from providing care for children on the weekends. The appellants requesting to add to their written remarks spoke first. Mr. George Mehler, 1820 32nd St., asked that days of operation be restricted to weekdays emphasizing that while the current facility is well-run future owner/operators could jeopardize the neighbors ability to enjoy weekends. Mr. Lynn Grace, 2012 32nd Street, asked that the operation be restricted to weekdays only. Mrs. Melody Turner, applicant, clarified that Little Folks University operates from 7:00 a.m. to 6:00 p.m., Monday through Friday. Mr. Rex Turner, applicant, pointed out that there are other sources of noise in a neighborhood and that the 40 minutes per day that the children are outside would not be more than other neighborhood sounds. Mr. Petrish said his focus would be on protecting the tranquility of the neighborhoods. Mr. Carlisle asked the Planning Director to review state law with regard to group homes. Mr. Carlisle also questioned the action taken by the Planning Commission to impose the condition to allow for weekend operation. Mrs. Turner spoke in favor of the proposed hours. With that Mr. Carlisle moved, seconded by Mrs. Robinette, to grant portions of the appeals and to approve the Conditional Use subject to the Findings of Fact and Conclusions of Law with condition # 5 amended to read: "The pre-school/day care facility shall not serve more than 20 children at any one time with operating hours of 7:00 a.m. to 6:00 p.m., Monday through Friday." Vote: Ayes — Carlisle, Sizemore, Christiansen, Brown, Robinette. No — Petrish. Motion carried. Final Plat: Cranberry Heiahts — Phase II Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce first explained the process on plat approval and construction . The Preliminary Plat design comes first and Cranberry 1379 May 4, 1998 - continued Heights, Phase II preliminary plat was approved with 19 conditions. The applicant has constructed the project essentially as designed. Staff and Planning Commission reviewed the final plat drawing with the recommendation from Public Works for bonding for two issues. Plat approval would be based on the work being done or bonded prior to final execution of the plat . Mr. Munce then reported that an administrative change had been made to Condition # 15 which includes the proviso that on 10th Street the paving width shall be 36' wide. However, the road width throughout the project is 28'. Council discussed how parking issues raised by this road width can be remedied. Mrs. Robinette also inquired about stormwater drainage plans and enforcement of structural/geotechnical design requirement. Mrs. Robinette moved to delay decision in order to remedy the loss of 10th street parking. Motion died for a lack of a second. Mr. Sizemore then moved, seconded by Mr. Carlisle to approve the Final Plat application for Cranberry Heights, Phase II, with the recommendation that the improvements are to be completed or bonded before final plat signature and recording. Vote: Ayes — Petrish, Sizemore, Christiansen, Brown, Carlisle. No — Robinette. Motion carried. 34th Street Rinrat): Recommend Pavment Mr. Ian Munce, Planning Director, presented this item to Council. Previously approved by Council, this project was to repair the shoreline rip -rap at Fidalgo Bay Shipyard area. The project is complete. Mr. John Leonard, Engineer for the project, then came forward to explain a cost over -run for the heavy rip -rap facing used on the wall. The quantity necessary to complete the project was underestimated; however, the overage has helped build a secure and substantial wall to prevent further erosion. Mr. Leonard presented aerial photos showing the amount of erosion at this location. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to accept this project as complete in the amount of $47,118.30. Vote: Ayes — Sizemore, Christiansen, Brown, Robinette, Carlisle, Petrish. Motion carried. Water Contract Amendment: Texaco Mr. Jim Pemberton, Director of Public Works, presented a Resolution to Council that would amend the water contract between the City of Anacortes and Texaco Refining and Marketing, Inc. Mr. Pemberton explained that the purpose of the amendment is to provide a termination payment clause. Mr. Carlisle moved, seconded by Mr. Brown to adopt Resolution No. 1469. Vote: Ayes — Christiansen, Brown, Robinette, Carlisle, Petrish, Sizemore. Motion carried. Industrial Park: "V" Place and 34th Street Cleanup Contract Mr. Ian Munce, Planning Director, presented a consulting contract between the City of Anacortes and Woodward -Clyde project management for work activities associated with the clean-up action at City - owned property at 3205 "V" Place. Tasks will include site work to dig out contaminated soils, storage of soils to allow for evaporation, drying, sampling and documentation. This will also include a trucking operation to transport the material offsite. Mr. Sizemore moved, seconded by Mrs. Robinette, to approve the consulting contract with Woodward -Clyde. Vote: Ayes — Brown, Robinette, Carlisle, Petrish, Sizemore, Christiansen. Motion carried. Pump Station UDarades — Consultant Services Mr. Jim Pemberton, Director of Public Works, presented a request for approval to select Semrau and Lisser as the consulting engineering firm for the pump station upgrades project. Mr. Carlisle so moved, seconded by Mr. Petrish. Vote: Ayes — Robinette, Carlisle, Petrish, Sizemore, Christiansen, Brown. Motion carried. At approximately 10:15 p.m. Mayor Pro -Tem Christiansen announced that this meeting would be continued to Monday, May 11, 1998 at 7:30 p.m. so that the Council can deliberate with possible decision on the Fidalgo Bay Plan. George Khtaian, City Clerk -Treasurer W. 46 H. Dean Maxwell, Councilmember Mayo May 11, 1998 (continued from May 4, 1998) Mayor Dean Maxwell called the continued meeting of May 4, 1998 to order at 7:30 p.m. Roll call found present: Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ken Brown, and Bill Carlisle. Absent: Ray Sizemore. The Council reviewed and accepted the Planning Director's Draft #2 of possible Comprehensive Plan/Development Regulations changes for the upland property involved in the Fidalgo Bay Sub -Area Plan. The Draft contained a summary of those items considered by the City Council at their May 4 meeting. No action was taken on the Draft, other than to approve it for circulation and further public comment. In this regard, the Council reopened the public record on the Fidalgo Bay Plan and scheduled a further public hearing for May 26 at 8:30 p.m. in the Municipal Building Council Chambers. This action was taken on a motion by Mr. Christiansen, seconded by Mr. Carlisle, and passed unanimously. The Council then heard a progress report from the Council's Fidalgo Bay Marine Committee. Ms. Robinette described the progress that had been made in developing a restoration and mitigation program and specific projects that are currently under consideration. After discussion, the Council agreed that the Marine Subcommittee should expand its work to directly involve the Port of Anacortes, the State Department of Natural Resources, and interested property owners with a view to developing a mitigation bank proposal for further consideration by all concerned. The meeting adjourned at approximately 8:15 p.m. George Khtaian, City Clerk -Treasurer H. Dean Maxwell, Major Councilmember 1381 May 18, 1998 Mayor Maxwell called to order the regularly scheduled meeting of May 18, 1998. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mayor Maxwell introduced the first item of business, approval of the minutes of May 4, 1998 and May 11, 1998. Mrs. Robinette asked that the Max 4th minutes reflect Council discussion regarding ticketing of cars parked along the Commercial Avenue 4t of July parade route. Although Mr. Rock did not attend the May 4th meeting he said that he would not be in favor of ticketing cars. Mr. Sizemore said that the parking and other public event issues had been referred to the Public Safety Committee for review and recommendation. The Committee recommendations would be brought back to Council for action. With that, Mrs. Robinette withdrew her proposed correction to the minutes. Mr. Christiansen asked that on page 4 of the May 4th minutes, Mayor Maxwell's name be changed to Mayor Pro -Tem Christiansen. Mrs. Robinette asked that the second paragraph of the May 11th minutes be amended by the deletion of the words "without change". With those two corrections, Mr. Christiansen moved, seconded by Mr. Brown, that the minutes of May 4, 1998 and May 11, 1998 be approved. Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Referring to the May 9th National Association of Letter Carriers Food Drive Collection Day, Mr. Christiansen thanked everyone who participated. The letter carriers collected over 8,000 pounds of food that was distributed to both the Salvation Army and Anacortes Food Bank. Mrs. Robinette distributed copies of her testimony given at the Department of Ecology's Trustees Restoration Committee. Mayor Maxwell complimented Mrs. Robinette for her work on the Fidalgo Bay oil impact program. Consider Acceptance: Skvline WWTP Demolition Proiect Mr. Gordon Bruchner, Engineering, presented this item to Council. Mr. Bruchner explained that this project was awarded to G.G. Excavation, Inc. of Anacortes. Although the bid amount was based on an empty digester, when work started significant quantities of sludge were found at the bottom of the digester. This material was removed at an additional cost. Also, additional backfill was required to fill the digester and other structures. The work is now complete and staff recommends that the project be accepted as complete and that the 30 -day lien period begin. If no liens are filed the retainage shall be paid to the contractor. Mr. Brown so moved, seconded by Mr. Sizemore. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Petrish. No — Carlisle. Motion carried. Consider Acceptance: Bid for M Avenue and Wateline Replacement Work Mr. Gordon Bruchner, Engineering, presented this item to Council. Mr. Bruchner reported that twc waterline projects for work on "M" Avenue to improve fire flows, replacement of old waterlines and addition of hydrants. Low bid was received from Lake Erie Trucking in the amount of $193,079.50. Mr. Sizemore moved, seconded by Mr. Rock, to accept the low bid. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Findinas of Fact and Conclusions of Law — Conditional Use — Little Folks Universitv Mr. Carlisle moved, seconded by Mr. Christiansen, to approve the Findings of Fact and Conclusions of Law for the Conditional Use Permit issued to Little Folks University. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Sizemore, Brown. No — Petrish. Motion carried. Resolutions: Water Rate Contracts Amendments Before taking action Mrs. Robinette asked for an explanation of the actual flow was less than projected. With that, Mr. Brown moved, seconded by Mr. Rock, to adopt the following Resolutions: Resolution No. 1470, Amendment to Water Contract by and between the City of Anacortes and Shell Anacortes Refining Co.; Resolution No. 1471, Amendment to Water Contract by and betw4een the City of Anacortes and Texaco Refining and Marketing, Inc.; Resolution No. 1472, Amendment to Water Contract by and between the City of Anacortes and City of Oak Harbor; Resolution No. 1473, Amendment to Water Contract by and between the City of Anacortes and Town of Laconner; Resolution No. 1474, Amendment to Water Contract by and between the City of Anacortes and P.U.D. # 1 of Skagit County; and Resolution No. 1475, Amendment to Water Contract by and between the City of Anacortes and Swinomish Tribal Community. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. Approval of Vouchers 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 May 7, 1998 and May 14, 1998 be approved for payment as of this date, May 18, 1998. At the request of the Planning Director, Council included in the motion approval for progress payment to Anacortes Septic & Excavation, Inc. for the shipyard bank stabilization project. Vote was unanimous. Claims Warrants May, 1998: Warrant Numbers 54559 through 54756 in the total amount of $475,071.83 Payroll Apr, 1998: Warrant Numbers 10469 through 10628 in the total amount of $333,909.48 May 18, 1998 - continued Public Hearinq —Vacation of Portion of 11th Street (This Hearing is on tape and filed at City Hall) Mayor Maxwell opened the Public Hearing to review a Vacation Petition submitted by Felitsa Demopoulos to vacate a portion of 11th Street in the general vicinity of 2408 11th Street. Before background or testimony Mr. Carlisle suggested that a site visit be conducted first before further deliberation on this matter. While in favor of a site visit, Councilmembers asked to continue with the Public Hearing. Mrs. Robinette characterized a conversation she had with a citizen regarding this matter. There were no objections to Mrs. Robinette continuing to participate in this matter. Background on this proposal was provided by the Public Works Director, Mr. Jim Pemberton. Mr. Pemberton reported that all information from the Board of Adjustment hearing was forwarded to Council together with a recommendation from the Board of Adjustment to deny the Petition. Mr. John Prosser, 404 2nd Street, representing the applicant, used an overhead display to show the triangular piece of the 11th street right-of-way lying north of Lot 7, 8, and portion of Lot 9, Block 243, Map of the City of Anacortes. Mr. Prosser then outlined the abutting property owned by the applicant; he then explained that the future plan is to divide the property. Mr. Prosser then suggested that this right-of-way was not a street -end parcel. Mr. Bruce Bell, attorney for the applicant, encouraged the site visit and said that the wedge-shaped street is approximately 900-1,000 square feet surrounded by private property. He outlined the potential problems using this piece as a street -end project. Mr. Bell then cited the RCW minimum of public benefit (increased tax revenue), but that a private individual benefits from the vacation is not the criteria upon which to deny it. Further to have standing or ability to object or raise a protest is either from a party who abuts the property or who may be specially damaged. Waterfront Festival May 15, 16, and 17, 91h street from R to Q Avenues; R Avenue between 7th and 9th Streets from 2:00 p.m. Friday, May 15tH until 6:00 p.m. Sunday, May 17tH 4th of July July 4t", Commercial Avenue, restrict parking between 3`d street and 10th street between the hours of 11:00 a.m. and 1:00 p.m. for the parade. (2) M Avenue between 7th and 8th Streets between M and N Avenues between the hours of 9:00 a.m. and 6:00 p.m. Ovster Run September 27th; Commercial Avenue between 4th and 10th Streets. Pavement Manaqement Proqram Mr. Dave Lervik, Staff Engineer, presented a proposal for the purchase of software and contract with Pavement Engineers to perform the street repair rating and inventory. The software program will correlate the method of street maintenance to a prioritization method of streets. With that, Mrs. Robinette moved, seconded by Mr. Carlisle, to approve the purchase of the software and to authorize the Mayor to enter into an agreement with Pavement Engineers to develop an inventory and rating for the Pavement Management System. Vote: Ayes — Robinette, Carlisle, Petrish, Sizemore, Christiansen, Brown. Motion carried. Closed Record Meeting: Conditional Use Application: Little Folks University Three (3) Appeals Before deliberation on this matter Mr. Sizemore said that his child attends the Little Folks University and Mrs. Robinette said that both she and the applicant are friends and in a chorus together. There were no objections to either Mr. Sizemore or Mrs. Robinette participating in this matter and both heard this issue. Applicants do not live on permises. Mr. Ian Munce, Planning Director, reported that this matter is a Conditional Use application for a Day Care Center at 2008 32" Street in the R 2 Zone. The applicants, Rex and Melody Turner do not live on the premises. Mr. Munce directed Council's attention to the information packet for this application, including the transcript from the Planning Commission Open Record Hearing, findings of fact, all letters received and Planning Commission minutes. Mr. Munce highlighted the project specific condition # 5 limiting the day care facility to 20 children and limiting the hours from 7:00 a.m. to 6:00 p.m., but not limiting the days of operation. Three letters of appeal were also submitted to Council requesting that days of operation be limited to weekdays only. While the applicant did not specifically request the weekend coverage, the Planning Commission did not want to limit future facility owners from providing care for children on the weekends. The appellants requesting to add to their written remarks spoke first. Mr. George Mehler, 1820 32"d St., asked that days of operation be restricted to weekdays emphasizing that while the current facility is well- run future owner/operators could jeopardize the neighbors ability to enjoy weekends. Mr. Lynn Grace, 201232 nd Street, asked that the operation be restricted to weekdays only. Mrs. Melody Turner, applicant, clarified that Little Folks University operates from 7:00 a.m. to 6:00 p.m., Monday through Friday. Mr. Rex Turner, applicant, pointed out that there are other sources of noise in a neighborhood and that the 40 minutes per day that the children are outside would not be more than other neighborhood sounds. Mr. Petrish said his focus would be on protecting the tranquility of the neighborhoods. Mr. Carlisle asked the Planning Director to review state law with regard to group homes. Mr. Carlisle also questioned the action taken by the Planning Commission to impose the condition to allow for weekend operation. Mrs. Turner spoke in favor of the proposed hours. With that Mr. Carlisle moved, seconded by Mrs. Robinette, to grant portions of the appeals and to approve the Conditional Use subject to the Findings of Fact and Conclusions of Law with condition # 5 amended to read: "The pre-school/day care facility shall not serve more than 20 children at any one time with operating hours of 7:00 a.m. to 6:00 p.m., Monday through Friday." Vote: Ayes — Carlisle, Sizemore, Christiansen, Brown, Robinette. No — Petrish. Motion carried. A83 May 18, 1998 - continued Final Plat: Cranberni Heiqhts — Phase 11 Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce first explained the process on plat approval and construction . The Preliminary Plat design comes first and Cranberry Heights, Phase II preliminary plat was approved with 19 conditions. The applicant has constructed the project essentially as designed. Staff and Planning Commission reviewed the final plat drawing with the recommendation from Public Works for bonding for two issues. Plat approval would be based on the work being done or bonded prior to final execution of the plat . Mr. Munce then reported that an administrative change had been made to Condition # 15 which includes the proviso that on 10th Street the paving width shall be 36 wide. However, the road width throughout the project is 28'. Council discussed how parking issues raised by this road width can be remedied. Mrs. Robinette also inquired about stormwater drainage plans and enforcement of structural/geotechnical design requirement. Mrs. Robinette moved to delay decision in order to remedy the loss of 10th street parking. Motion died for a lack of a second. Mr. Sizemore then moved, seconded by Mr. Carlisle to approve the Final Plat application for Cranberry Heights, Phase 11, with the recommendation that the improvements are to be completed or bonded before final plat signature and recording. Vote: Ayes — Petrish, Sizemore, Christiansen, Brown, Carlisle. No — Robinette. Motion carried. 34`h Street Riprap: Recommend Pavment Mr. Ian Munce, Planning Director, presented this item to Council. Previously approved by Council, this project was to repair the shoreline rip -rap at Fidalgo Bay Shipyard area. The project is complete. Mr. John Leonard, Engineer for the project, then came forward to explain a cost over -run for the heavy rip -rap facing used on the wall. The quantity necessary to complete the project was underestimated; however, the overage has helped build a secure and substantial wall to prevent further erosion. Mr. Leonard presented aerial photos showing the amount of erosion at this location. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to accept this project as complete in the amount of $47,118.30. Vote: Ayes — Sizemore, Christiansen, Brown, Robinette, Carlisle, Petrish. Motion carried. Water Contract Amendment: Texaco Mr. Jim Pemberton, Director of Public Works, presented a Resolution to Council that would amend the water contract between the City of Anacortes and Texaco Refining and Marketing, Inc. Mr. Pemberton explained that the purpose of the amendment is to provide a termination payment clause. Mr. Carlisle moved, seconded by Mr. Brown to adopt Resolution No. 1469. Vote: Ayes — Christiansen, Brown, Robinette, Carlisle, Petrish, Sizemore. Motion carried. Industrial Park: `N" Place and 34`h Street Cleanup Contract Mr. Ian Munce, Planning Director, presented a consulting contract between the City of Anacortes and Woodward -Clyde project management for work activities associated with the clean-up action at City - owned property at 3205 "V" Place. Tasks will include site work to dig out contaminated soils, storage of soils to allow for evaporation, drying, sampling and documentation. This will also include a trucking operation to transport the material offsite. Mr. Sizemore moved, seconded by Mrs. Robinette, to approve the consulting contract with Woodward -Clyde. Vote: Ayes — Brown, Robinette, Carlisle, Petrish, Sizemore, Christiansen. Motion carried. Pump Station Uparades — Consultant Services Mr. Jim Pemberton, Director of Public Works, presented a request for approval to select Semrau and Lisser as the consulting engineering firm for the pump station upgrades project. Mr. Carlisle so moved, seconded by Mr. Petrish. Vote: Ayes — Robinette, Carlisle, Petrish, Sizemore, Christiansen, Brown. Motion carried. At approximately 10:15 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, May 26, 1998 at 7:30 p.m. to conduct a Public Hearing on the Fidalgo Bay Plan and then continued again to Monday, June 1, 1998 at 6:30 p.m. to conduct a site visit in conjunction with a petition to vacate a h portion of 11 Street. --71. 'OC-4� George Khtaian, City Clerk -Treasurer H. Dean Maxwell, Mayor/ Councilmember w :2 Continued City Council Meeting of May 18, 1998 May 26, 1998 Mayor 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. The Mayor opened the continued public hearing on the Fidalgo Bay Plan. Mr. Dan Dingfield, representing MJB Properties, submitted a revised plan for the skateboard park. In response to a question, Mr. Dingfield added that total parking for the proposed grocery store and movie theater south of 22nd Street was 860 spaces. Ms. Kathryn Alexandra testified that MJB's proposal was not consistent with current zoning or with our small town atmosphere. Mr. Don Yankacy spoke in favor of retaining existing zoning and against MJB's proposal. Mr. Steve Bark, President of Evergreen Islands, spoke in favor of retaining the existing zoning and the existing town character; Mr. Bark spoke against MJB's proposal. Ms. Jean LaRue spoke against the public hearing being reopened and against the zoning proposed by MJB. Ms. LaRue stated that residential uses were inappropriate in this location, that the City needed living wage jobs, that the City did not need big box retailers, and that the small town quality of life needed to be retained. Ms. Anita Luvera Myer testified in support of the downtown/main street corridor. Ms. Luvera Myer argued that locating new commercial uses one to two miles away from the downtown would detract from the downtown core in a major way. Ms. Cynthia Richardson displayed an overhead map showing the sizes of existing zones vis-a-vis MJB's property. Ms. Richardson testified that MJB had not been responsive to community concerns and had made no modifications to their proposal after the Planning Commission's recommendation. Mr. Jim Briggs presented a price comparison between Safeway in Anacortes and Mount Vernon. Mr. Briggs stated that for 11 perishable items there was no significant price difference. However, on 61 other items the prices in Anacortes were on average 7% higher than in Mount Vernon. Mr. Murray Grado testified that splitting the Commercial Zone was a bad idea. Mr. Don McKee presented an overhead map showing the 1923 waterfront land uses. Mr. McKee then described how this area had been redeveloped for industry in 1973. Finally, Mr. McKee argued that this waterfront property be retained for industry and not adjusted for MJB. Mr. Gary Harkelrod, speaking for ACT Theaters, testified that his company was interested in locating six screens with 20,000 square feet, in Anacortes. Mr. Duncan Frasier, President of the Anacortes Chamber of Commerce, summarized a recent survey conducted by the Chamber of its members. The details of this survey were submitted as a hearing document. Mr. Brian Wetcher testified that the MJB proposal was rejected 2'/s years ago by the Fidalgo Bay Planning Citizens' Advisory Committee and that essentially the same proposal is back again. Mr. Wetcher argued that the present zoning should be retained to ensure that family wage jobs are provided. Mr. Ross Barnes referenced his written submission, highlighting that MJB's proposal allows for additional retail beyond that described in their detailed proposal and that MJB's proposal conflicts with the central business district and commercial core. Mr. Barnes concluded that no retail should be permitted south of 22nd Street but that some retail should be considered north of 22nd Street through the conditional use process; the same conditional use process could be utilized for the proposed marina complex. Ms. Ramona Hammerly testified that she was opposed to the rezone, that industrial land needed to be retained, and that there was potential to redevelop existing commercial areas. Mr. John Killingsworth referenced the Waterfront Revitalization Study and the changes that had already been made to implement this Study. Mr. Killingsworth concluded by testifying that the MJB proposal would pre-empt implementation of this Study. Mr. Phil Burton reminded the Council of the five principles that they had adopted to guide the development of this waterfront area. Mr. Burton added that unmet needs that had been identified by the Council were fairly limited, involving a movie theater, a dry goods store, and perhaps a grocery. Mr. Burton concluded by stating that these uses could be accommodated north of 22nd Street, adjacent to the existing Commercial Zone. Ms. Patty Pattee argued for the retention of waterfront industrial sites, preservation of small town character, and that little net sales tax increase would be secured. Ms. Judy Ballenger argued that if MJB's land was on the market it would go into industrial use as had the property the City marketed between 291h and 34th Streets. Mr. Dan Barnes testified that strip malls have a limited life span and that the industrial land be retained for high technology jobs. Mr. Bob Tull, attorney for the Citizens Against the Rezone, stated that MJB's site-specific proposal does not belong in this sub -area plan process without redoing SEPA and providing additional notice and opportunity for comment. Mr. Richard Dildine 1385 testified that MJB's proposal would be an illegal spot zone. Mr. Dildine went on to argue for the retention of the existing zoning. Councilmember Jeanne Robinette summarized her written materials. Councilmember Bill Carlisle introduced a written exhibit relative to retail sales leakage, adding that Anacortes was short of retail space, that a lack of competition in the grocery business was resulting in prices in Anacortes being 3% to 5% higher than in Mount Vernon, and that Hagens in Bellingham had prices that were 5% to 7% lower than the Anacortes Thrifty and Safeway stores. Councilmember Terry Christiansen highlighted that the City was securing less than its per capita share of sales tax, calculating this on a statewide basis. Mr. Christiansen argued that the revenue necessary to provide essential services was a key issue of discussion on this matter. At approximately 10:45 p.m, the public hearing was continued to 7:30 p.m. on June 8, 1998 in the Municipal Building Council Chambers for Council deliberations and Council questions of those present. The Mayor added that no further public testimony would be entertained but that written comments would be received through 5:00 p.m. May 29. -i� L 71 George Khtaian, City Clerk -Treasurer H. Dean Maxwell, Maydr Councilmember June 1, 1998 At approximately 6:30 p.m. Mayor Maxwell called to order the continued meeting of May 18, 1998 at 11th Street and "B" Avenue in order to conduct a site visit in conjunction with a Petition to Vacate a portion of 11th. No testimony was taken and at approximately 7:00 p.m. the continued meeting of May 18th was adjourned, At 7:30 p.m. Mayor Maxwell called to order the regularly scheduled meeting of June 1, 1998. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Petrish to approve the minutes of May 18, 1998. Mr. Christiansen pointed out that the last sentence on the last page should be corrected to reflect continued meeting information. 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 then introduced Ms. Angela Hayes as the recipient of the Mayor's Award of Merit. Recently promoted as the Technical Services Supervisor at the Library, Ms. Hayes has exhibited the qualities of an outstanding employee. To applause from everyone, Ms. Hayes accepted a gift certificate and plaque. The Mayor then referred to a Proclamation proclaiming June, 1998 as Hire a Veteran Month. Mr.- Carlisle then spoke to legislation to be adopted June 11th regarding penalties for drivers with suspended or revoked licenses and regarding legislation prohibiting minors from smoking. Street Vacation: Portion of 11th Street: Deliberation/Possible Action Mr. Jim Pemberton, Director of Public Works, introduced this item to Council and the audience. Referring to a site visit held earlier in the evening, Mr. Pemberton, explained that Public Hearings were held on a petition to vacate a small portion of 11 Street adjacent to property owned by Mrs. Felitsa Demopoulos. The Board of Adjustment heard this matter and recommended to Council that the Petition be denied. The Council also heard considerable public testimony on this matter. Mrs. Robinette then inquired about total amount of buildable area. On a question from Mr. Carlisle Mr. Pemberton explained the calculation method for payment of vacated right-of-way. Mr. Ian Munce, Planning Director, explained that in petitioning for vacation of this small piece of 11th Street, the developer of this property may not have to design a cul-de-sac or hammerhead turnaround. With the vacation there would be enough area to meet the front footage code requirement. Mrs. Robinette referred to the Shoreline Master Plan policies and restrictions regarding waterfront development. Mr. Carlisle spoke against any development of "A" Avenue right-of-way. - Discussion then followed regarding platted "A" Avenue and Mrs. Robinette moved, seconded by Mr. Petrish, to deny the Vacation Petition. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Petrish. No — Carlisle. Motion carried. Brown Lantern Ale House: Special Event Permit Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Pemberton explained that Council previously reviewed an application for a special event permit to hold an event on the 15th of August. The event will include live music, food and a beer garden. Council held the matter over for two weeks to get information from the surrounding neighbors and information on potential liability. Mr. Petrish distributed 50 information packets to the surrounding neighborhood and received one comment in opposition. With that, Mr. Petrish moved, seconded by Mr. Carlisle, to approve the Brown Lantern Ale House special event permit for the 15th of August. Mr. Steve Mansfield, City Attorney, explained that the actual sponsor of the event will be the Jaycees, a community organization. Washington Cities Insurance Authority proposed suggestions for a written agreement to be signed by the Jaycees covering items such as time of operation, shut -down, clean-up, and liability and hold harmless considerations. The applicant also canvassed the neighborhood. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Motion carried. Ordinance: Parkina Restriction/Special Events Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Pemberton explained that the Public Safety Committee, Mayor, and Police Chief met to discuss limiting parking for special events. The Ordinance now before Council addresses concerns raised by Council during annual applications for parades and festivals. Both Mr. Rock and Mrs. Robinette suggested that language in Section 3 be changed to read "...may be assessed a penalty of $50. (fifty dollars)" rather than "shall be assessed...". Mr. Pemberton discussed the procedure to follow for parade route signage. Mr. Pemberton suggested that some 30-40 mounted signs would be needed. Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2464 entitled, "An Ordinance Prohibiting Parking Along any Streets or Avenues within the City of Anacortes Which Have Been Designated and Posted as Parade Routes or Street Fair Areas." Christiansen, Robinette, Carlisle, Petrish, Sizemore, Brown. No — Rock. Motion carried. In conjunction with this action, Mr. Carlisle moved, seconded Mr. Brown, to approve the 4th of July parade route commencing on Commercial Avenue at 2nd Street, west on 10th to Causland Park. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. 1387 June 1, 1998 - continued Closed Record Meetina: 41s' and "A" Avenue Planned Unit Develooment Preliminary Development Plan Mr. Ian Munce, Planning Director, presented this item to Council and audience. On a question from Mr. Carlisle Mr. Munce explained that although there were no appeals of the Planning Commission decision on this matter the Council has discretion within the existing record to make changes to the Findings. The applicant originally requested a 23 -lot Planned Unit Development at 41St and "A" Avenue. The Planning Commission held an Open Record Public Hearing on this matter and recommended approval of a 21 -lot PUD subject to 20 conditions. Mr. Munce then highlighted a key issue, requirement for sidewalks on 41St Street and "A" Avenue. Using an overhead display, Mr. Munce then pointed out the Native Growth Protection Easement, surrounding developments, detention ponds, and pedestrian access from the cul- de-sac to 41St Street. Density issues were.also discussed at length. Mr. Petrish inquired about price range of the homes referencing the applicant's comment on "middle income families". Mrs. Robinette complimented the Planning Commission on the thorough review of this proposal. Mrs. Robinette then discussed conditions 18 and 19, asking if it meant that, "prior to approval of the design of the PUD, the Public Works Department shall describe a safe Minor Arterial 41St Street to serve the community now and in the future and the developer will provide the improvements required on his side of the street as will subsequent developments." Mr. Pemberton confirmed that this would be done. Mr. Christiansen emphasized that the Zoning Ordinance lacks an effective Planned Unit Development section and that the rural character of this zone is lost with this type of lot layout. Mr. Carlisle suggested that the Planning Commission develop new PUD language. On a question from Mrs. Robinette, Mr. Munce clarified that the Public Works Department will be responsible for placement and alignment of the sidewalks on 41St street to connect with future street development. There being no further discussion, Mr. Brown moved, seconded by Mr. Sizemore, to approve the Preliminary Development Plan for the 21 -lot 41St Street Planned Unit Development subject to the conditions recommended by the Planning Commission. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Closed Record Meetina: Conditional Use Application — Parkina Lot — Guemes Ferry — Skagit County Mr. Ian Munce, Planning Director, presented this item to the Council and audience. Skagit County Public Works Department submitted a Shoreline Application and Conditional Use Application to locate a parking lot for Guemes Island ferry users. The parking lot will also be available for visitors to the adjacent proposed City park. The parking lot lighting was a significant issue and conditions address this matter. The Planning Commission reviewed this matter in an Open Record Public Hearing and recommends approval subject to 11 conditions. Mr. Christiansen discussed the Zoning Code definition of Commercial Parking. Requirements regarding parking time, stall size, and active management and enforcement of the lot were issues discussed. Mr. Petrish said he would be opposed to RV long-term parking at this lot. After discussion, Mrs. Robinette moved, seconded by Mr. Rock, to approve the Skagit County Conditional Use Application as conditioned in the project Findings of Fact and Conclusions of Law. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Buildina Department: Software Upgrade Mr. Ian Munce, Planning Director, presented a request to Council for purchase of a software package for the City's permit tracking needs. Referring to an April 27, 1998 memorandum from Ed Frank, Building Official, Mr. Munce explained that we are currently using old, DOS-based software which will no longer be maintained. The Tidemark Permit Plan system will cost $21,109.00. After discussion, Mr. Carlisle moved, seconded by Mr. Petrish, to approve the purchase of the Tidemark Permit Plan system. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Public Hearina: Initiation of Annexation for Hiahwav 20/March Point Corridor Mayor Maxwell opened the Public Hearing for the initiation of annexation for Highway 20/March Point Corridor. Mr. Ian Munce, Planning Director, explained that RCW 35A.14.120 relative to the direct annexation petition method states that, "Prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than 10% in value according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings." In that regard, the Planning Director informed the Council that the City had "Notices of Intent" signed by owners in excess of 10% in value. Accordingly, the City Council had by Resolution established this City Council meeting as an opportunity to meet with the initiating parties. After taking public testimony, the Council determined to accept the boundaries of the proposed annexation, to require the simultaneous adoption of City Zoning as set forth in the City Zoning Ordinance, and to require the assumption of existing City indebtedness by the area to be annexed. This action was taken on a motion by Mr. Sizemore and seconded by Mr. Petrish. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Consultant Selection: Pump Station Unarade Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Pemberton explained that the firm of Semrau and Lisser was selected to provide the engineering services required for the 1998 pump station upgrades. The Scope of Work and budget now before Council includes engineering services for the upgrade of 4 pump stations. Mr. Christiansen moved, seconded by Mr. Carlisle, to approve the Scope of Work and budget for the pump station upgrades. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. June 1, 1998 - continued Cellular Towers: Assessment of Citv Locations Mr. Ian Munce, Planning Director, presented a request for authorization to enter into a contract with R.W. Beck to provide wireless antenna siting assistance. In addition, on July 6th the Council will be reviewing a draft Ordinance relative to Cell Tower regulations. The assessment will include, in part, information on the wireless communications industry, issues specific to the City of Anacortes, and summary of sites reviewed that were suitable for wireless communication providers use. Council and Mr. Munce will review this matter again after the July 6th Public Hearing; however, Council suggested that tentative dates be scheduled with the consultant. 911 Interlocal Aqreement with Skaqit Emerqencv Management Council Police Chief, Mike King, presented the 911 Interlocal Agreement to Council. Discussion and negotiations on this agreement have taken place over the last four years. The Emergency Management Council has approved the Agreement and approval from the various cities is now being sought. The Chief then answered questions from Council regarding labor negotiations and State funding. Mr. Sizemore moved, seconded by Mr. Brown, to authorize the Mayor to enter into the Interlocal Cooperation Agreement for a County -Wide Public Safety Communications Center. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. The Mayor then introduced Mr. Hank Kramer, director of the Skagit -911 center. Mr. Kramer then described his experience in this field and discussed the effectiveness of these dispatch centers. Approval of Vouchers Mr. Sizemore moved, seconded by Mr. Carlisle, 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 21, 1998 and May 28, 1998 be approved for payment as of this date, June 1, 1998. Vote was unanimous. Claims Warrants Jun, 1998: Warrant Numbers 54759 through 54901 in the total amount of $148,391.09 Draw Pavroll May, 1998: Warrant Numbers 10645 through 10720 in the total amount of $38,279.90 Executive Session (30 Minutest At approximately 10:00 p.m. Mayor Maxwell announced that the Mayor and Council would convene in Executive Session to discuss possible real estate sale and easement acquisition. Easement Acquisition: Possible Action The Mayor called the regular meeting of the City Council back to order at 10:30 p.m. after the Council had adjourned from their Executive Session on land transactions. Mr. Jim Pemberton, Director of Public Works, explained that the major waterline upgrade proposed from LaConner-Whitney Road to the Swinomish Channel, namely installation of a new 24 -inch waterline, scheduled for this summer was currently stalled on right-of-way acquisition issues. Mr. Pemberton explained that eight individual property owners were involved and that only one had signed the appropriate right-of-way documents. Mr. Pemberton asked the Council for authorization to file condemnation proceedings relative to the seven other property owners and to simultaneously continue negotiations with these same property owners. Mr. Sizemore moved, seconded by Mr. Brown, to take this action. Vote was unanimous. There being no further business, the Mayor continued this meeting to Monday, June 8, 1998 at 7:30 p.m. for further deliberation on the Fidalgo Bay Plan. La. George Khtaian, City Clerk -Treasurer H. Dean Maxwe I, Mayor Councilmember 1399 June 8, 1998 The continued meeting of June 1, 1998 was called to order at 7:30 p.m. by Mayor Maxwell. All Councilmembers were present. Deliberations continued on the Fidalgo Bay Plan. The meeting was adjourned without any action being taken. George Khtaian, City Clerk -Treasurer June 15, 1998 d. H. Dean Maxwell, Mayo/ v Councilmember At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of June 15, 1998 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Ken Brown. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mrs. Robinette proposed a change for the June 1St minutes: page 2, final paragraph, 3`d sentence as follows: "Mrs. Robinette then discussed conditions 18 and 19, asking if it meant that, 'prior to approval of the design of the PUD, the Public Works Department shall describe a safe Minor Arterial 41st Street to serve the community now and in the future and the developer will provide the improvements required on his side of the street as will subsequent developments.' Mr. Pemberton confirmed this would be done." Mr. Carlisle asked that the 4th of July parade route read "...Commercial Avenue at 2nd Street, west on 10th Street to Causland Park." With those changes, Mr. Christiansen moved, seconded by Mr. Rock, that the minutes of May 26, 1998 and the corrected minutes of June 1, 1998 be approved. Vote: Ayes — Petrish, Sizemore, 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 then introduced a Proclamation proclaiming June 30th to be Soroptomist International Day in the City of Anacortes in recognition of the Soroptomist 50th Anniversary. Mayor Maxwell thanked the club members for their many and ongoing contributions to the people of this community. Mrs. Robinette reported that she attended the Planning Commission meeting to thank the Commissioners for their deliberative effort on the 41St Street Planned Unit Development. She also passed along comments made during the Council's review of this matter with regard to Zoning Ordinance Planned Unit Development language. Filter # 3 and # 5 Media Uparade — Recommendation Bid Acceptance Mr. Jim Pemberton, Director of Public Works, introduced this item to Council and the audience. He explained that work on the next phase of the upgrade of the Water Treatment Plant includes media upgrade in Filters # 3 and # 5. Plans and specifications were prepared and a call for bids was advertised. One contractor, Sheldrup Construction, submitted a bid. In a June 8, 1998 memorandum the Project Manager, Mr. William LaRue, presented three alternatives for implementation of as many project objectives as possible. After discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to accept the Sheldrup Construction bid in the amount of $101,436.00 and to authorize staff to proceed with Option # 3 as outlined in the June 8th LaRue Memorandum. Vote: Ayes — Sizemore, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Cove at Fidalao Bav/Request for Street Modifications Mr. Dave Lervik, City Engineer, presented this item to Council. Mr. Kenneth Knight, Cove on Fidalgo Bay Condo project, previously requested a modification to the frontage road standards imposed on the Cove project by Council. Based on the location of the roadway the required 32' roadway would be difficult to build and Mr. Knight has asked that the roadway be reduced in size. After having reviewed this request Council asked for additional information from staff. Mr. Lervik then met with the proponents and discussed several alternatives. Summarizing those discussions, Mr. Lervik said that in light of the existing conditions, an 18' roadway with bank on one side and cliff on the other, an appropriate proposal would be two 12' lanes with a 5' pedestrian lane on the waterside along the project frontage. During Council discussion, 1391 June 15, 1998 - continued Mr.Carlisle suggested 12' lanes, gravel shoulders, with a bicycle/walking trail to be completed as soon as possible. Mrs. Robinette spoke in favor of staff's proposed alternative. Mr. Rock suggested more footage on the pavement, for instance 14' wide lanes. Mr. Lervik explained his concerns regarding the use of gravel shoulders. Mr. Christiansen suggested that there be as much pavement width as possible. With that, Mr. Carlisle moved, seconded by Mr. Rock, to require two 14' driving lanes and with adequate gravel shoulders. Mrs. Robinette spoke against the motion. Mr. Rock moved, seconded by Mr. Christiansen, to amend the motion to provide for a total of two 12' driving lanes, 29' of paving, 12' lanes with 2 Y2 foot shoulders on each side. Vote: Ayes — Christiansen, Rock, Carlisle, Petrish, Sizemore. No — Robinette. Motion carried. Vote on the main motion as amended: Ayes - Rock, Carlisle, Petrish, Sizemore, Christiansen. No — Robinette. Motion carried. Consent Aaenda Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the following Consent Agenda Items. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Robinette. No — Christiansen. Motion carried. Council adopted Resolution No. 1478 setting July 6, 1998 as the Public Hearing Date on a petition to vacate an alley at 17th and Commercial Council adopted Findings of Fact and Conclusions of Law for the 41s' Street Planned Unit Development Council adopted Findings of Fact and Conclusions of Law for the Skagit County Guemes Ferry Parking Lot Conditional Use Permit Approval of Vouchers 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 4, 1998 and June 11, 1998 be approved for payment as of this date, June 15, 1998. Claims Warrants Jun, 1998: Warrant Numbers 54905 through 55077 in the total amount of $211,286,99 Prewritten Claims May, 1998: Warrant Numbers 54551-54556, 54757-54758 in the total amount of $52,602.14 Payroll May, 1998: Warrant Numbers 10721 through 10886 in the total amount of $326,794.23 Ordinance: Buildina Codes Update Mr. Ed Frank, Building Official, presented this item to Council. Mr. Frank explained that the State mandates a 3 -year Building Code update. The Ordinance now before Council reflects the minimum codes that have been adopted for the State of Washington and matches those adopted building standards. On a question from Mr. Rock, Mr. Frank said that the fee schedule attached to the Ordinance has not changed. Mrs. Robinette said that she would not vote on this matter without evidence that staff conducted a detailed review of the State code versus the State -adopted amendments. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2465 adopting the Uniform Building Codes. Vote: Ayes — Carlisle, Petrish, Sizemore, Christiansen, Rock. No — Robinette. Motion carried. Bid Award: Aeration Basin Coatinqs WTP Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Mr. Pemberton explained that there are funds allocated to coat the aeration basins at the wastewater treatment plan. The epoxy coating will prevent erosion of the concrete. Bids to perform the work were received and the low bid was presented by Coatings Unlimited in the amount of $74,403. Mr. Pemberton said that his review of the Coatings Unlimited references produced favorable responses. The bid is lower than the budgeted estimate and Mr. Pemberton explained that this is due to the preparatory work performed by plant staff. With the remaining balance of the allocated funds Mr. Pemberton asked for authorization to proceed with the preparation of bid specifications to re -coat both influent screw pumps at the wastewater treatment plant. With that, Mrs. Robinette moved, seconded by Mr. Sizemore, to accept the bid in the amount of $74,403 from Coatings Unlimited, and to authorize staff to proceed in the preparation and solicitation of bids for the precoating the influent screw pumps. Vote: Ayes - Petrish, Sizemore, Christiansen, Robinette, Rock, Carlisle. Motion carried. Temporary Container Rates/Consideration Mr. Jim Pemberton, Director of Public Works, presented information for Council's consideration. He explained that the 1997 revision to the residential and commercial refuse pickup rates also established rates for temporary container service. Demand for this temporary container service has dropped significantly. Mr. Carlisle recommended that this matter be referred to the Public Works Committee for further review and study. June 15, 1998 - continued 1:392 Architects Selection/Needs Assessment Police Chief, Mr. Mike King, presented this item to Council. Chief King summarized the architect selection process. Mrs. Robinette thanked the Chief and the selection committee for providing the Council an opportunity to review the future needs of both the Police and Court facilities. Mr. Christiansen moved, seconded by Mr. Rock, to approve Mr. Marc Estvold as the architect for this project. Vote: Ayes - Sizemore, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Mr. Petrish asked that the Council receive a summary of on-going activity on any significant project such as this. Mayor Maxwell reviewed the assessment process and said that Council would have the opportunity to discuss alternatives. Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the $6,800 expenditure for the Estvold Spatial Needs Assessment. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. At approximately 8:30 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss a possible land transaction. At approximately 9:00 p.m. the Mayor and Council reconvened and without taking any further action continued this meeting to 7:00 p.m., Monday, June 22, 1998 to conduct a 30 -minute Study Session on labor negotiations, and to consider a possible bid award. The meeting will be continued again to Tuesday, June 23, 1998 at 7:30 p.m. for further discussion on the Fidalgo Bay Plan. Xorge taian, City Clerk -Treasurer ,ESI _ Aee H. Dean Maxwell, Mayor "ounci 1393 June 22, 1998 -- Continued from June 15, 1998 Roll call found present: Jeanne Robinette, Terry Christiansen, Ken Brown, and Bill Carlisle. Absent: Bud Rock and Ray Sizemore. The meeting began at 7:30 p.m. with an Executive Session on Labor Negotiations. This Executive Session concluded at 7:40 p.m. The Council then took up consideration of bids for cape seal work. Two bids were received. After discussion, the Council awarded the bid to the low bidder, Blackline Asphalt of Vancouver, Washington, for the amount of $66,240. This action was taken on a motion by Mr. Christiansen, seconded by Mr. Carlisle, and passed unanimously. There being no further business, the meeting was continued to Tuesday, June 23, 1998 at 7:30 p.m. to condu ontinued publi h n on the Fidalgo Bay Plan. 7 Geo Khta' n, City Clerk- reasurer H. Dean Maxwell, Mayor/ Councilmember June 23, 1998 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Bud ,,:ock, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle, and Nick Petrish The City Council continued their deliberations on the Fidalgo Bay Plar4 with particular emphasis on Sub - Area 3 and the City Planning CA)n'!mission recommendations. At the conclusion of their meeting the Council had reached a cons!rnsus on the outline of an Alternative 1A that will be circulated for furJier public comment before final C -until action on the Fidalgo Bay Plan. To date, Alternative 1A involves: • Replacing the "Light Manufa :tunng Zone" along the, Gue Dieu Channel with a "Manufacturing and Shipping Zone". . • Replacing the "Light Manufacturing Zone" south of t1k Plywood Mill site with a "Commercial Marine Zone". • Replacing the "Industrial Zone" around the Anacorl�!! lariiia with a new "Commercial Marine 2 Zone" that, unlike the CM Zone, does not permit residerk`al i. ses through the conditional use process; add dry stack storage as a permitted use. • Replace the balance of the InAustrial zone sot$i of 22nd Street with a "Manufacturing and Shipping Zone; delete "small scale restAuranta". • Replace the "Industrial Zone" north of 22nd Street with a "Commercial Marine 1 Zone" that, unlike the CM Zone, does not permit residentiFiuses ',0,reugh the conditional use process and does permit retail uses through the conditional use ps.cess; ': da aquariums and performing arts centers as permitted uses. Beyond this, the Council agreed to ccnsider: • Adding "movie theaters" as ;e pet-mitted use in the following zones: Manufacturing and Shipping, Commercial Marine, Commfx_-ial Marine 1, and Commercial Marine 2 ("M/S, CM, CM1, and CM2"). • Citing to Resolution #1e37 entitled, "Describing Conditions Under Which Anacortes Railways Franchise Ordinance No. x:114 will Eventuaily be Extended South from 9th Street to Weaverling Spit" as to the City owne;S ray/tra.' corridor. • Identifying a street circuk0ion pattern for the property north of 22nd Street and east of "Q"/ "R" Avenues. • Adding additional conditional use standards for non-residential conditional uses. • Reworking the development standards for each- of the following zones: M/S, CM 1, and CM 2. This public hearing was continued to 7:30 P.M., Tuesoy, July 7, 1998. The meeting adjourned at approximately 10:00 P.M. George Khtaian, CityClerk-Tre ur r H. Dan Maxwell, Mayor Councilinember 1394 July 6, 1998 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of July 6, 1998 to order. 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 moved, seconded by Mr. Christiansen, that the minutes of June 15, 1998 and June 22, 1998 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Citizen Hearings Mr. Malcolm Lorente, 3820 W. 4th Street, talked about how impressed he was with the presentation of the July 4th parade. Mavor/Council Communication In response to a question from Mr. Christiansen, Police Chief King reported on the relatively few fireworks complaints received during the July 4th holiday weekend. Overall, Chief King felt that the Ordinance regulating fireworks had a positive influence on controlling the use of fireworks. Mayor Maxwell and Councilmembers thanked the Women of Today, Sister Cities, and Mr. John Curtis for their efforts in preparing the well -attended 4th of July festivities and for the excellent fireworks display. It was thought that the Commercial Avenue "no -parking" restriction helped add to the success of the parade. Request: Trailer at 1216 27th Court Mr. Ian Munce, Planning Director, presented a request from Mrs. Norma Cossel for permission to place a 32 foot trailer at 1216 27th Court. Ina June 24th letter Mrs. Cossel explained that it was now time to have her mother nearby for her mother's care and safety. Mr. Munce directed Council to a July 30th communication from the neighbors in support of this request. The Building Department has reviewed the request from a life safety aspect and has no objections. With that, Mr. Carlisle moved, seconded by Mr. Brown, to approve the request. Mrs. Robinette asked if any of the neighbors objected. Mr. Munce said that no objections were received but he emphasized that for this type of request the City code does not call for an extensive neighborhood canvas. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. D Avenue Improvements: Acceptance of Improvements Mr. Dave Lervik, City Engineer, presented this item to Council. Mr. Lervik explained that the "D" Avenue improvements from 12th to 17th Streets were completed in early 1997. However, there were a number of utility conflicts requiring redesign and re -excavation. The contractor and the City discussed the change orders and Force Account pay requests. Although the contractor does not agree with the final payment amount, staff recommends that the Council accept the project as complete. With that, Mr. Christiansen moved, seconded by Mr. Brown, to accept the project as complete thereby initiating the mandatory 30 -day lien period and that the retainage now held by the City will not be released until remaining deficiencies identified by Engineering are completed. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Rock Ridne Water Pump Booster Station: Acceptance of Improvements Mr. Dave Lervik, City Engineer, presented this item to Council. Mr. Lervik explained that this water pump booster station project was constructed with cooperation between the Rock Ridge and Cranberry Heights developments. Improvements to the pump station are finished and staff recommends that Council accept the project as complete. Mr. Sizemore so moved, seconded by Mr. Rock. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. Temporary Container Service Mr. Jim Pemberton, Director of Public Works,, reviewed the action taken to date on a proposed revision to the temporary container service rate structure. Responding to a downturn in customer use of temporary containers, the Council referred this issue to the Council's Public Work Sub Committee for review. Working with the Finance and Public Works departments, the Committee recommends that the rates be modified to include daily rental charge, set-up fee, per dump charge, that policies and rate information provided to the customer, and that monthly billing be handled through the accounts receivable process. Council directed staff to develop an Ordinance that would reflect those recommendations. CONSENT AGENDA Mr. Sizemore moved, seconded by Mr. Brown, to approve the following Consent Agenda Items. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. 1395 July 6, 1998 - continued Approval of Vouchers 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 18, 1998, June 25, 1998 and July 2, 1998 be approved for payment as of this date, July 6, 1998. Claims Warrants Jul, 1998: Warrant Numbers 55084 through 55352 in the total amount of $564,294.27 Prewritten Claims Jun, 1998: Warrant Numbers 54902-54904, 55078-55083 in the total amount of $42,188.31 Payroll Jun, 1998: Warrant Numbers 10992 through 11166 in the total amount of $373,943.55 Council cancelled Payroll Warrant # 4745 in the amount of $12.00 Council authorized the Mayor to enter into an Agreement with R.W. Beck to develop a list of sites for the construction of antenna towers and for antenna mounting. Ordinance: LID 205 Note Mrs. Robinette asked that this item be removed from the Consent Agenda and asked what Public Works project LID 205 represents and asked about the LID payment schedule. Mr. Brown moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2466 entitled, "An Ordinance of the City of Anacortes, Washington, fixing the amount, form, date of issue and maturity, and interest of installment note; directing the issuance and sale thereof unto the City of Anacortes water fund, pertaining to Local Improvement District No. 205." Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Public Hearina: Capital Facilities Plan (CFP) After Mayor Maxwell opened the Public Hearing, Mr. George Khtaian, Finance Director, stepped forward to discuss this item. The 6 -year Capital Facilities Plan 1999 to 2004, was updated by Department Heads and Council in study session. Mr. Khtaian explained that the CFP now before Council reflects changes recommended by both staff and Council. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mr. Christiansen then presented several questions and revisions regarding the CFP: pg. 17, T- 106 dollar figures are provisional and will be based on results of the new computer pavement management software; pg. 20, T-112, "Q" Avenue improvements matching fund ratio; pg. 26, "R" Avenue Reconstruction, generate funding to assist in this project; pg. 28, T-123, Traffic Signal, SR20 at Reservation Road, tentative cost sharing figures; pg. 31, T-126, Commercial/CBD sidewalks, move to 1999; pg. 50, police court building, design and engineering fund urban renewal land sales fund; page 53, need for more information regarding aerial ladder truck; pg. 55, March Point Fire Station funding source "other" moved to "general revenues"; pg. 93, sewage collection system in line storage, projected effect on rates. Discussion followed regarding funding for this project. Referring to pg. 19, Mr. Petrish said that the "F" Avenue left hand turn lane would create more traffic problems. Mr. Munce pointed out that review of the City's Transportation Plan is scheduled for next year. Mrs. Robinette thanked the Finance Director for the financial projection information and for incorporating Council concerns into the document before them. With than, Mr. Christiansen moved, seconded by Mr. Brown, to adopt Ordinance No. 2467, adopting the 6 -Year Capital Facilities Plan, 1999 to 2004 (incorporating the changes recommended by Mr. Christiansen). Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Public Hearing: Interim Zoning Ordinance: Cell Towers Mayor Maxwell opened the Public Hearing to take public comments on a draft interim ordinance regulating cell towers. Mr. Ian Munce, Planning Director, summarized the conditions leading up to the preparation of this ordinance including the moratorium placed on locations of cell towers. Other communities without these regulations suffer from the visual blight the towers could cause, specifically in a residential area. The Planning Commission has submitted a draft interim ordinance, recommending that the City find the best locations for the industry, encouraging the use of existing City property and structures through a lease agreement arrangement. Mr. Munce then discussed the range of permitted uses, and that the location of additional towers at Mt. Erie would be handled through the conditional use process. He also pointed out that advancement of this technology will provide for smaller appliances The proposed language also takes the applicant through a process of site choices other than residential. Mr. Bill Pfanner, D. Garvey representing Nextel, spoke against the language in sections 5 and 6 restricting the co - location on Mt. Erie to the conditional use process. He then submitted a July 6, 1998 letter outlining proposed language changes. Ms. Lisa Warner, Western Wireless, suggested co - location language changes in sections 5 and 6 and said that equipment shelter size language discourages co -location. Mr. Peter James, U.S. West, spoke in favor of the draft ordinance language. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Munce reported that he will review the suggestions made and further research equipment issues. The interim Ordinance will be brought back to the Council in Study Session. July 6, 1998 - continued 1396 Public Hearinq: Vacation of Allev in Block 46. City of Anacortes Mayor Maxwell opened the Public Hearing on a petition to vacate that portion of the alley lying between Lots 1-5 and 17-20, Block 46, City of Anacortes. Mr. Jim Pemberton, Director of Public Works, reviewed the Board of Adjustment recommendation to approve the petition with the proviso that the applicant relocate utilities, and that the alley be designed to add a north/south connection from the existing alley to 17th Street so that there will be through access for emergency and sanitation vehicles. No compensation would be required except for rededication of the reconfigured alley. Turning radius issues will be addressed in the final design phase. Mr. Brad Augustine, Madrona Real Estate Services, representing the property owners, to build a retail center. The alley vacation would address issues of safety and traffic flow. The applications will provide a 30 -foot turning radius for ingress and egress, dedicate reconfigured alley to City and to all property owners within Block 46 in perpetuity. Planning Director Munce pointed out that the Comprehensive Plan does encourage new retail on the Commercial Avenue frontage and this project does that. Mr. Angelo Spadavecchia, 1620 % Commercial, spoke in favor of the project. There were no further comments and the Mayor declared the Public Hearing closed. On a question from Mrs. Robinette the City Engineer said that this proposed configuration is an improvement. After discussion Mr. Petrish moved, seconded by Mr. Sizemore, to approve the alley vacation as proposed. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Motion carried. Street Closures: Anacortes Arts Festival, Shipwreck Days; Eaqles Salmon Barbecue Mr. Jim Pemberton, Director of Public Works, presented the first street closure application from Shipwreck Days, July 18th between 6:00 a.m. and 6:00 p.m., closing Commercial Avenue from 4th Street to 10th Street. Subject to standard conditions staff recommends approval. The second request is from the Anacortes Arts Festival to close Commercial from 10th to the waterfront starting at noon, Friday, July 31St through Sunday, August 2nd at 7:00 p.m. This would also include the sides streets between 9th to 2"d. Also, the Festival has asked for use of City Hall parking lots for handicapped parking, and for a master business license at no cost. The third request is for the Eagles Salmon Barbecue, August 14th through August 16th, 7:00 a.m. Friday, through 8:00 p.m. Sunday. Closure is for the east half of 7th street adjacent to the Eagles Hall and the parking strip adjacent to the Hall. Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the three street closure requests as presented. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Reauest for Permission to Purchase Campground Collection Machine Mr. Gary Robinson, Parks Director, presented a request for authorizatioOn to purchase a new campground collection machine. This machine could reduce the potential for theft and would allow the staff more time for non -collection related duties at the park. Mr. Carlisle discussed the use of a credit card system. The proposed machine could be adapted to a card system. After discussion, Mr. Sizemore moved, seconded by Mr. Carlisle, to authorize the purchase of the Campground Collection System. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. At approximately 9:40 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss a possible real estate transaction. At approximately 10:00 p.m. the Council reconvened and without taking any further action, the meeting was continued to Tuesday, July 7, 1998 at 7:30 p.m. in order to conduct the continued Fidalgo Bay Plan public hearing. A" Ge Kht 'an, City Clerk -Treasurer H. Dean Maxwell, Mayor P4_XgA�;" Counlmember 1397 July 7, 1998 (Continued from July 6, 1998) Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ken Brown, and Bill Carlisle. Absent: Ray Sizemore. The Minutes of the June 22 and June 23, 1998 City Council meetings were approved on a motion by Ms. Robinette, seconded by Mr. Petrish, and passed unanimously. There was one correction: the reference to a street circulation pattern should have been to the property "north" of 22nd Street and not "south" of 22nd Street. The Council then discussed new Zoning Code language with the City Planning Director No action was taken. The Council requested a new draft zoning language, based on this night's discussion of alternatives, for the Fidalgo Bay waterfront by Friday, July 17 and continued the public hearing on this matter to July 27, 1998 at 7:30 p.m. in the Municipal Building Council Chambers. /rgeian, City Clerk -Treasurer H. Dean Maxwell, Mayors ' W//,/ Councilme ber July 20, 1998 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of July 20, 1998 to order. Roll call found present: Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Bill Carlisle. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq All references to the Capital Facilities Plan were changed from "1998 to 2004" to "1999 to 2004" and the last paragraph of the July 7th minutes was amended to read: "The Council requested a new draft zoning language, based on this night's discussion of alternatives, for the Fidalgo Bay waterfront by .....". With these changes made, Mr. Sizemore moved, seconded by Mr. Brown, to approve the minutes of July 6, 1998 and July 7, 1998. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Petrish. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication Mr. Christiansen referenced a letter from the Parks Foundation about the concession business at Volunteer Park. The Mayor suggested that the Foundation pursue this matter through the various groups affected including the City's Park and Recreation Advisory Board. Consent Agenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda Items. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Petrish. Motion carried. Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on July 9, 1998 and July 16, 1998 be approved for payment as of this date, July 20, 1998. Claims Warrants Jul, 1998: Warrant Numbers 55356 through 55541 in the total amount of $306,630.34 Draw Pavroll Jul, 1998: Warrant Numbers 11168 through 11241 in the total amount of $37,366. Council adopted Resolution No. 1479 setting August 17, 1998 as the Public Hearing date on a petition to vacate rights of way in the Tuttle and Buckley's plat of Anacortes Quarteriv Budget Amendment Ordinance Mrs. Robinette asked that this item be removed from the Consent Agenda to suggest that all Budget Amendments be reviewed at the time of the 4th quarter amendment. With that, Mrs. Robinette moved, seconded by Mr. Rock, to adopt Ordinance No. 2468 amending the budget for the year 1998. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Petrish, Sizemore. Motion carried. Sanitation Rate Ordinance Mrs. Robinette asked that this item be removed form the Consent Agenda. The Public Works Director, Mr. Jim Pemberton, explained that this Ordinance changes the application of rates for temporary containers. The matter has been reviewed by Council in regular meetings and in study session. The Ordinance reflects daily rate, set-up fee, and a rate for servicing the container. Mr. Christiansen moved, seconded by Mr. Rock, to adopt Ordinance No. 2469 setting fees for temporary or short term container usage. Vote: Ayes — Christiansen, Robinette, Rock, Petrish, Sizemore, Brown. Motion carried. Closed Record Meetina: Preliminary Plat: Anstensen 36th Street and "D" Avenue The Planning Director, Mr. Ian Munce, introduced this item to Council. Mr. Munce first summarized the procedure on the Preliminary Plat process. The Planning Commission held an Open Record Public Hearing and the Council has a complete transcript together with copies of all letters, staff report, and a recommendation for approval subject to 21 conditions. Mr. Munce then characterized the plats surrounding the subject property at approximately 36th Street and "D" Avenue. Using an overhead display, he then illustrated the street and alley pattern of this project area which includes the City -owned portion of the replat. As part of this proposal the City would contribute the right-of-way and the applicant would provide the utilities and access allowing the City -owned property to be divided around the cul-de-sac. Mr. Munce then characterized the issue of open space dedication. While staff is currently working on an impact fee proposal for open space/park activities current code requirement is 10% of the net lot area be dedicated or a payment in lieu -of -that be accepted by the City for future park development. The Planning Commission recommended that on this 15 -lot project 10% be set aside as open space totaling approximately 1 '/2 lots. Staff recommends that the City identify one of its lots as open space area and to have Mr. Anstensen contribute $1,000 per building site at the building 1399 July 20, 1998 — continued permit stage as an in -lieu of payment. Mr. Munce said that the project engineer agreed that access to the detention pond will be improved. In conclusion, Mr. Munce reported that one appeal was received from Mr. Robert Beymer. Discussion followed regarding sidewalks and equity in deciding the issue of open space dedication. Mr. Robert Beymer, 2411 Vista Lane, appellant, stated that drainage problems have been caused by development in this area and in that regard asked that the City require tree -replanting be mandatory in cleared areas. Mr. Beymer also spoke in favor of locating a pocket park in this neighborhood. Mrs. Robinette passed out maps showing her recommended pocket park to be used by all four subdivisions in this area. Her proposal would require the use of the back of the Jones/Anstensen lots 3 and 4 as both a pocket park/detention pond. While Mr. Christiansen supported this suggestion he said that it would require trade of property. Mayor Maxwell questioned the consistency of this proposal and said that the Capital Facilities Plan earmarks funds for neighborhood parks and those sites have not been identified yet. He said that park impact fees will be set up to provide for equity in determining this plat condition. Mr. Munce pointed out the discrepancy between the value of an impact fee charge per lot and giving up a building site. He then suggested that Council approve this project with one of the City lots identified to be reserved for park purposes and that Mr. Anstensen can contribute $1,000 per lot. If the applicant chooses to submitted a property exchange proposal that would be brought back to Council. Mr. Petrish spoke against the development of a pocket park on property right next to the forestlands and spoke in favor of collecting an in -lieu of fee and to let the City determine the most appropriate locations for parks. Mrs. Robinette moved, seconded by Mr. Christiansen, to add the following to Condition # 11: "The Parks Director will be consulted to determined whether the back half of lot 3 and 4 could be dedicated to park use or whether a city lot be exchanged for that so that the owners would not loose a lot and could pay their fee instead." Mr. Steve Mansfield, City Attorney, explained that the City can require a dedication of a particular amount of square footage then work with the developer to determine where that best works. The Planning Director pointed out that the applicant would need to discuss this proposal with the City. Mr. Rock spoke against the motion. Mr. Brown spoke in favor of savings the trees in the area plus having a park. Mr. Petrish moved, seconded by Mr. Rock, to table this matter for two weeks in order to receive a proposal from the applicant. Vote: Ayes — Robinette, Rock, Petrish, Sizemore, Brown. No — Christiansen. Motion carried. Del Mar Request to Modifv Service Area Boundaries - Water Mr. Jim Pemberton, Director of Public Works, submitted a recommendation to council to accommodate Del Mar Community Service, Inc. request to expand their service area boundary into two areas adjacent to the Del Mar Community. The purpose of this expansion is to maximize the use of existing and required system improvements to the fullest extend possible. With that, Mr. Christiansen moved, seconded by Mr. Brown, to approve the request. Vote: Ayes — Rock, Petrish, Sizemore, Brown, Christiansen, Robinette. Motion carried. Mrs. Robinette then opened a discussion to suggest a site visit on the Anstensen property. Mr. Munce said that a proposal will be in the next Council information packet. The City Attorney suggested that Council limit itself to the information presented. At approximately 9:40 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss personnel issues and a possible land transaction. At approximately 10:15 the Council reconvened and without taking any further action continued the meeting to Monday, July 27, 1998 at 7:30 p.m. to conduct the continued Public Hearing on the Fidalgo Bay Plan. W City Clerk -Treasurer H. Dean Maxwell, Mayor Council ember August 3, 1998 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of August 3, 1998 to order. 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. Sizemore moved, seconded by Mr. Brown, that the minutes of July 20, 1998 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Abstain: Carlisle. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mavor/Council Communication There were no special communications from the Mayor or Council. Resolution: Skagit Countv Community Action Agencv (1998 Contract) Mr. Ian Munce, Planning Director, presented a Resolution and Memorandum of Agreement to Council for review and approval. Mr. Munce explained that this Contract is an agreement between the City of Anacortes and Skagit County Community Action Agency for the provision of services to low-income residents of Anacortes. The contract amount of $5,600 is included in the 1998 Budget. With that, Mr. Christiansen moved, seconded by Rock, to adopt Resolution No. 1480 authorizing execution of this agreement. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Telecommunications Ordinance Mr. Ian Munce, Planning Director, presented the proposed Cell Tower Ordinance to Council for review and adoption. Mr. Munce reported that he reviewed the issues raised during the previously held Public Hearings on this matter. After review, staff recommends that the specifications for equipment storage be increased to allow for larger storage buildings. Specifically identified as an Interim Ordinance, the Planning Commission recommends passage. Discussion followed regarding tower height, higher threshold for location in residential areas, enforcement of standards, and inventory of existing sites. Mr. Munce emphasized that the thrust of the Ordinance encourages use of sites well away from residential areas. Mr. Carlisle moved, seconded by Mr. Brown, to adopt Ordinance No. 2470 adding Section 17.63, "Wireless Telecommunications Towers and Antennas" to the Anacortes Municipal Code. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Anstensen Plan Mr. Ian Munce, Planning Director, explained that this matter had been held over to review the Anstensen Preliminary Plat open space provision. Council and staff studied whether or not this provision should be satisfied by a land dedication or by a per -lot, in lieu of fee. The applicant has submitted a revised lot layout to incorporate a pocket park as suggested by Mrs. Robinette at a previously held meeting. Mr. Anstensen further proposed that he would trade the space for a lot of choice and will make a payment of $1,000 per lot park fee. Mrs. Robinette distributed a drawing showing trees she recommend saving. Mrs. Robinette referred to a conversation she had with Village Park representatives regarding 36th Street vacation and a 20' "greenway setback". Council also discussed language in Condition # 10 regarding a City easement to the detention pond site. After further discussion, Mr. Carlisle moved, seconded by Mr. Petrish, to deny the appeal for a pocket park submitted by Mr. Robert Beymer, to accept the Planning Commission recommendation for approval of the Anstensen plat lot lay -out subject to 21 conditions, and to amend Condition # 11 to read: "The 10% open space requirement shall be met through the payment of a $1,000 per lot park impact fee; payment shall be at the time of building permit application." Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. 32"d Street improvements — Award of Contract Mr. Dave Lervik, Staff Engineer, presented the results of the 32nd Street Improvement Contract bid opening. Staff recommends that the award go to the low bidder, Schwetz Construction, Sedro-Woolley, in the amount of $189,699.87. Mr. Carlisle so moved, seconded by Mr. Sizemore. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion carried. V -Place Clean -um Proiect — Award of Contract Mayor Maxwell announced that this matter would be held over to Monday, August 10, 1998. Consent Agenda Mr. Sizemore moved, seconded by Mr. Christiansen to approve the following Consent Agenda Items. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette, Motion carried. 1401 August 3, 1998 —continued Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on July 23, 1998 and July 30, 1998 be approved for payment as of this date, August 3, 1998. Council vote was unanimous. Claims Warrants Aug, 1998: Warrant Numbers 55546 through 55720 in the total amount of $266,327.82 Prewritten Claims Jul, 1998: Warrant Numbers 55353-55355, 55542-55543 in the total amount of $6,958.89 Council approved the reappointment of Rick Haley to the Park Board. SEPA Ordinance Amendment Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce explained that the Ordinance now before them contains technical amendments to the City's existing SEPA regulations. Local options are in still in place; the threshold determination, appeal process, and fee schedule have not changed. However, because Council has previously adopted Ordinances regarding stormwater, wetland, and regulated slope, there is currently less use of SEPA. The SEPA process has been preserved to be used as a gap -filling measure, and all changes now recommended by the Legislature are procedural. With that, Mr. Christiansen moved, seconded by Carlisle, to adopt Ordinance No. 2471 amending Chapter 18.04 of the Municipal Code, "State Environmental Policy Act". Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Communitv Service Work Contract — Volunteer Park Mr. Gary Robinson, Director of Parks and Recreation presented this item to Council. Mr. Robinson brings a recommendation to Council for authorization to enter into a contract with the Anacortes Parks Foundation for the construction of improvements at Volunteer Park. Mr. Carlisle moved, seconded by Mr. Rock, to enter into the Community Service Work Contract for improvements to Volunteer Park. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. At approximately 8:30 p.m. Mayor Maxwell announced that this meeting will be continued to Monday, August 10, 1998 at 7:30 p.m. The Mayor and Council then convened in Executive Session to discuss a real estate transaction. At approximately 9:15 the Council reconvened and without taking any further action continued the meeting. Geor htaia(n, City Clerk -Treasurer H. Dean Maxwell, Mayo Counc(member i 41. August 10, 1998 (Continued from August 3, 1998) Roll call found present: Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. The meeting began with the Mayor presenting awards to those children who had successfully completed the City Library's Summer Reading Program. Mr. David Lervik, City Engineer, then reviewed two memorandums that he had submitted to the Council relative to bids on the "V" Place cleanup project. The first memorandum was dated July 30, 1998 and identified Wyser Construction as the low bidder for the site cleanup activities for the amount of $29,935.00. The second memorandum, dated August 6, 1998, identified Forler Trucking/Waste Management as the low bidder for the transportation and disposal contract for the amount of $67,500. Mr. Lervik highlighted that this project should be complete by the end of December and result in "a no further action" letter from the Washington State Department of Ecology. After discussion, Mr. Carlisle moved that the City award the bids to the two low bidders. The motion was seconded by Mr. Rock and pass unanimously. Ian Munce, Director of Planning & Community Development, then presented a Resolution authorizing the sale of the police facility on 12th Street to Mr. Rick Rennebohm. Under this proposal Mr. Rennebohm would take possession of the police station building when the Police Department occupies their new building next to the armory. Additionally, Mr. Rennebohm would transfer ownership of the Semar property at 5th and "Q" to the City after removing the building, the adjacent City building, and paving and striping the lot for public parking use. Ownership of this property and improvements would then be transferred from the Police Department to the Community Development Department for the value of the improvements, namely $81,000.00. Net result of this action would be to secure $216,000.00 from the sale of the Police Department building. After further discussion, Mr. Sizemore moved that Resolution No. 1481, authorizing the sale of the police station property and the purchase of a fully developed parking lot at 5th & "Q" Avenue, be adopted. The motion was seconded by Mr. Brown and passed unanimously. �rge KhtXan, City Clerk -Treasurer H. Dean Maxwell, Major Councilmem er 1403 August 17, 1998 Mayor Maxwell announced that the Council convened in a duly advertised Special Meeting at 7:00 p.m. in order to conduct an Executive Session to discuss labor negotiations. At approximately 7:30 p.m. the Mayor and Council reconvened and without taking any action adjourned the Special Meeting. All Council members were present. At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of August 17, 1998 to order. 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 Mrs. Robinette recommended that the minutes of August 3,1998 be amended as follows: "Anstensen Plan": After further discussion, Mr. Carlisle moved, seconded by Mr. Petrish, to deny the appeal for a pocket park submitted by Mr. Robert Beymer..." and, "...to amend Condition # 11 to read: 'The 10% open space requirement shall be met through the payment of a $1,000/lot impact fee; payment shall be...". With these changes, Mr. Petrish moved, seconded by Mr. Sizemore to approve the minutes of July 27, 1998, August 3, 1998, and August 10, 1998. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas Mr. Malcolm Lorente, 3820 W. 4th Street, thanked Council and City employees for their get -well wishes during his recent illness. Mr. Bob Tull, Attorney, representing a number of citizens and businesses involved in the development of the Fidalgo Bay Plan, expressed concern that recently distributed materials on this matter appeared to evidence a violation of Washington State Open Meetings Act. Mr. Tull said that one of these documents refers to a super majority of the Council. Mr. Tull suggested this matter be addressed at the appropriate time. Mavor/Council Communication Mr. Don Lapworth, Vice -President of the Anacortes Sister City organization, introduced the duly selected Mrs. Judith Jewell, official Town Crier for the City of Anacortes. Mr. Ken Podmore, Deputy Town Crier for the City of Sidney, B.C., presented a resignation from Mr. Bert Stevens, Interim Town Crier for Anacortes. Mayor Maxwell then read a Proclamation appointing Mrs. Jewell as the Official Anacortes Town Crier. Mrs. Jewell then cried out in appreciation and pledged to bring honor to this position. Mr. Lapworth concluded by announcing an invitation has been submitted to hold the September, 2001 international meeting of Town Criers in Anacortes. Mayor Maxwell then announced that the City of Anacortes has been commended for its exemplary compliance record at the wastewater treatment plant. The award distinguishes those communities efficiently operating their facilities thereby protecting the waters of Washington State. This is the second consecutive year that the City of Anacortes has met these high standards. Recognition was also given to the Plant staff. Mr. Jim Pemberton, Director of Public Works, and Mr. John Franz, Plant Manager, stepped forward to receive the commemorative plaque. Approval: Library Consultant Contract Mr. Doug Everhart, Library Director, presented this item to Council. Having already participated in a detailed presentation in Study Session, the Council will now decide whether or not to move forward to Phase II of the Library building consultant program. Mr. Everhart answered questions from Mrs. Robinette on Council's participation throughout the library building process. He concluded by saying that Phase II will include preparation of a comprehensive library building program and preparation for assistance in the selection of an architect. With that, Mr. Carlisle moved, seconded by Mr. Brown, to authorize the Mayor to enter into a Phase II agreement with David R. Smith, Consulting Librarian. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Consideration: Acceotance Skvline Area Cape Seal Work Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Referencing a memo from Mr. Gordon Bruchner, Consulting Engineer, Mr. Pemberton explained that Blackline, Inc. was awarded the cape seal work project on various streets in the Skyline area. 1404 August 17, 1998 - continued The work is complete and the final price is $72,615.60. Staff recommends that Council accept the project as complete thereby initiating the 30 -day lien period. If no liens are filed retainage now held will be paid to the contractor. Mr. Sizemore so moved, seconded by Mr. Christiansen. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Mayor Maxwell and Mr. Carlisle complimented the work done. Fidalao Bav Plan: Finalization of Alternative 1A (This item is on tape and filed at City Hall.) Mr. Ian Munce, Planning Director, presented a brief overview of this matter. He explained that public hearings have been held and the Council is now deliberating on what language to put forward for the next stage of public review and comment. At the last meeting, Council asked the Planning Director to include certain language to Alternative 1A. The two versions of that same Alternative 1A, now available, include all the technical changes agreed upon by Council. The second version contains additional language relative to development agreements not agreed to by all Council members. Mr. Munce quickly reviewed previously discussed Alternatives 1-4 and including the refined version of Alternative 1 now known as 1A. The final issue, not agreed to by all Council members, is language relative to development agreements. Mr. Munce further characterized this issue by explaining that the alternative with development language would provide for a broader range of uses that would otherwise be allowed in particular zone. Once a version is agreed upon, the Alternative 1A will be available for public comment. Mayor Maxwell then read from the statute regarding development agreements. Mr. Munce explained that this is new Washington State legislation, and pointed out the land use practices affected by this new legislation. In the past, rezones have been approved with parallel agreement between City and developer to limit the rezone as set out in the recorded concomitant agreement. The new development agreement language does not affect the validity of a contract rezone, in existence prior to July, 1995. New rezones shall be consistent with applicable development regulations providing for more flexibility and assuring the applicant that the same rules will be in place over a long period of time. This also provides an enforceable contract for the City. The question is in what situations should these development agreements be used. The Alternative 1A version with development agreements authorizes uses that otherwise would not be allowed in the underlying zone. The issue again is should there be some flexibility in the uses. Councilmembers questioned Mr. Munce on the development agreement process. New statute language will result in technical questions that will only be answered over time. Mr. Rock spoke to the original 1A version. Mr. Christiansen and Mr. Brown discussed the flexibility provided by the 2nd proposal. Mr. Sizemore moved to adopt 1A with the development agreement language, together with portions of Mrs. Robinette's proposal outlined in her August 17th memo. The motion was seconded by Mr. Carlisle. Mrs. Robinette asked to withdraw her proposals outlined in her August 17th memo. Councilmembers were still not clear on which version of 1A to use. Mr. Sizemore withdrew his motion. Mr. Carlisle moved that the City maintain existing zoning. Motion died for a lack of a second. Mrs. Robinette moved to approve the version "without development agreement" language except add item "G" to every zone: G. Commercial and/or industrial projects may be considered through development agreements pursuant to RCW 36.7013170 or the PUD process in accord with the underlying zone. City Council reserves the right to make minor boundary line adjustments by zone change process during the formation of such development agreement contract." Mr. Rock seconded the motion. Mr. Christiansen asked for further definition of language used in the motion. Referencing current zoning language, Mr. Munce suggested the action Council takes to read, "The City should consider adding provision for approval of projects through the development agreement process, the provisions for which need to be developed provided the project is consistent with the underlying zone." "Consistent" then provides some flexibility when the Council comes to drafting the provisions to make minor adjustments; "Consistent" appears in the statute while "in accord with" does not. Mrs. Robinette then moved to amend her motion to approve the version "without development agreement" language except add item "G to every zone: G. Development projects may be considered through development agreements pursuant to RCW 36.7013170. The City reserves the right to make minor boundary line adjustments by zone change process during formation of such development agreement contracts." Mr. Rock seconded the motion. Mr. Petrish spoke against the motion and proposed a committee with representatives from Council, Port, MJB, City and public to discuss proposed language. Vote: Ayes - Robinette, Rock. Nays - Christiansen, Carlisle, Petrish, Sizemore, and Brown. Motion failed. Mr. Munce then suggested "The City should consider adding provisions for approval of projects through the Development Agreement process, the provisions for which may be developed provided the project is consistent with the underlying zoning." This provides some flexibility but does not adjust the zones. Mr. Rock moved, seconded by Mrs. Robinette to accept this 1405 August 17, 1998 - continued language. Further discussion followed. Vote: Ayes - Robinette, Rock. Nays - Carlisle, Petrish, Sizemore, Brown, Christiansen. Motion failed. Mr. Rock moved to table for two weeks. Motion died for a lack of a second. Mr. Christiansen moved, seconded by Mr. Carlisle, to accept the draft version with 'development agreement language' and to include a provision for a grocery store via a development agreement or PUD process in the Industrial Zone north of 28th Street. Mr. Rock and Mrs. Robinette spoke against the motion. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen. Nays - Rock, Robinette. Motion carried. Mrs. Robinette moved, seconded by Mr. Rock, to hold a public hearing in two weeks so that public and property owners can speak on this decision. Mr. Carlisle spoke against the motion. Vote: Ayes - Petrish. Sizemore, Brown, Christiansen, Robinette, Rock. Nays - Carlisle. Motion carried. Consideration: Acceptinq "R" Avenue Merqe Lane Mr. Jim Pemberton, Director of Public Works presented this item to Council. Mr. Pemberton reported that the "R" Avenue/32nd Street merge lane project was awarded to Schwetz Construction. The total adjusted project cost is $19,916.99. The work has been completed except for the grass seeding which will be done later in the season. Staff recommends that Council accept the project as complete thereby initiating the 30 -day lien period. If no liens are filed, money now held as retainage will be paid to the contractor. Mr. Sizemore so moved, seconded by Mr. Brown. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Consent Aaenda Mrs. Robinette asked for a staff report on negotiations with Mr. Anstensen and Village Park representatives. The Planning Director said as a result of that meeting a tentative agreement has been reached. There will be covenants similar to Village Park's providing for some compatibility, drainage design will be adjusted to be more linear along the back of the property, and there will be plantings in the buffer zone between the drainage swale and the property line to the north. Mr. Sizemore moved, seconded by Mr. Carlisle to approve the following Consent Agenda Items. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on August 6, 1998 and August 13, 1998 be approved for payment as of this date, August 17, 1998. Council vote was unanimous. Claims Warrants Aug, 1998: Warrant Numbers 55725 through 55841 in the total amount of $67,654.31 Prewritten Claims Jul, 1998: Warrant Numbers 11242 through 11414 in the total amount of $342,737.65 Council approved the Findings of Fact for the Anstensen 36'h Street Preliminary Plat. Public Hearing - Street Vacation - Malo Proiect Mayor Maxwell opened the Public Hearing on a Petition to Vacate various rights of way in the Northern Pacific Addition/Tuttle & Buckley's Addition to better use the existing platted property in that area. Using a series of overhead displays Mr. Pemberton, Public Works Director, highlighted the rights-of-way to be vacated, south of the south line of west 12th street and that portion adjacent to Lot 10, Block 10. Streets were vacated in the Tuttle & Buckleys Addition in the early 1900's. He said that both subdivisions reference the Section 26 line as the boundary. The Board of Adjustment held a Public Hearing on this matter and voted to recommend approval. The Parks Director, Mr. Gary Robinson, also submitted memoranda on securing a buffer between the AFCL and any adjacent development. There were several questions from Council for the proponent, represented by Mr. Wayne Nelson, Subdivision Management. Mr. Nelson explained that there are two phases of development in this area. Mr. Nelson showed Council a copy of the development configuration of Rock Ridge Phase I. Mr. Christiansen inquired about access to Lots 22 and 23 of Phase I as shown on the exhibit submitted. Mr. Nelson explained that the boundary line adjustments provided for in Phase I were made to provide for technical corrections to both plats and the new configuration does not add to the density of the area. Mr. Ross O. Barnes, 104 Harbor Lane, August 17, 1998 - continued passed out a map to Council and spoke in support of retaining the 29th street right of way adjacent to ACFL in the public domain. Mr. Barnes also discussed the success of Native Growth Protection easements and also recommended that such an easement be placed on that area as well. Mr. Nelson followed up by saying that the 29th right of way will impact the proposed short plat that will follow on from the street vacation. There were no further comments and the Mayor declared the Public Hearing closed. Discussion followed. Mr. Pemberton pointed out that the original plats were prepared without benefit of a survey. Mr. Robinette moved, seconded by Mr. Christiansen, to approve the vacation of the portions of Minnesota and 29th Street west of Lot 8 of the proposed Malo short plat together with the alley between Blocks 1124 and 1125, Northern Pacific Addition, and except 29th Street adjacent to lots 22 and 23, Rock Ridge Phase I and the ACFL. Mr. Pemberton stated that an Ordinance with the legal : description of the rights-of-way to be vacated would be brought back to the Council for adoption. Vote: Ayes- Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Motion carried. Street Fair Reauest: Steam and Gas Enqine Dav Mayor Maxwell presented a request from Karen Marshall, Museum Director, to close "M" Avenue from 8th to 9th Streets on September 19, 1998 from 9:00 a.m. to 5:00 p.m. to celebrate Steam and Gas Engine Day at the Museum. The application has been circulated to the staff with no requirements or conditions. Mr. Petrish, moved, seconded by Mr. Carlisle, to approve the street closure. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. At approximately 10:00 p.m. Mayor Maxwell announced that this meeting will be continued to Monday, August 24, 1998 at 7:30 p.m. for the purpose of awarding bids for 34th Court. Mr. Munce clarified that the Public Hearing for the Fidalgo Bay Plan will be on Tuesday, September 8,1998. aiar /City Clerk -Treasurer H. Dean Maxwell, Mayon Councilmember 1407 August 24, 1998 — Continued Meeting of August 17, 1998 Mayor Pro -Tem, Mr. Terry Christiansen, called the meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Absent: Mayor Dean Maxwell. Mr. David Lervik, City Engineer, introduced an August 20, 1998 memorandum describing the five bids received for 33rd Court. After discussion, Mr. Brown moved that the bid be awarded to the low bidder, Jenkins Inc., in the amount of $130,841.50. The motion was seconded by Mr. Sizemore and passed unanimously. In conjunction with this action, the Council approved a construction inspection and surveying contract with Leonard, Boudinot & Skodje in an estimated amount of $11,000. The Council adjourned into Executive Session to discuss labor negotiations for approximately thirty minutes. The Council then reconvened, took no further action, and adjourned at approxim 8:10 p.m. Geo Kh ian, City C erk-Treasurer H. Dean Maxwell, Mayor September 8, 1998 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of September 8, 1998 to order. 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. Carlisle moved, seconded by Mr. Sizemore, that minutes of August 17, 1998 and August 24, 1998 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings Ms. Cynthia Aanestad, 819 33rd St., first pointed out that "Q" Avenue between 33rd and 34th Street is the only unpaved street in this area. With the new utility and building construction in this area increased traffic and dust have negatively impacted the neighborhood. Ms. Aanestad asked that Council consider funding improvements to this portion of "Q" Avenue. The Mayor thanked Ms. Aanestad for her comments and said that issued would be moved forward during budget deliberations. Mavor/Council Communication Mayor Maxwell explained that Council previously discussed this matter in Study Session. Specifically, a letter, signed by all Councilmembers, shall be sent to the Skagit County Commissioners asking the Commissioners to identify the City of Anacortes price -per -ton debt service responsibility. The letter will also include a debt service amount already identified by the City's consultant. Formal Council action is required to process the letter. Mr. Carlisle moved, seconded by Mr. Sizemore, that the letter be prepared. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Public Hearing: Fidalao Bav Plan Alternative 1 A This matter is on tape and filed at City Hall Mayor Maxwell opened the Public Hearing to take comments on Alternative 1 A of the Fidalgo Bay Plan. Mr. Ian Munce, Planning Director, briefed the Council and audience by explaining that over the past 2 years staff, advisory committees, planning commission, and council have worked on an update of the City's Comprehensive Plan update and development regulations for the area adjacent to the shoreline from the state ferry terminal to March Point, taking in the entire Fidalgo Bay area. Attention has been given to in -water construction, i.e., marinas, docks, shipyards, and other related activities together with impacts to eelgrass and marine habitat. This part of the Fidalgo Bay Plan has moved forward with State agencies consensus. Mr. Munce then discussed the four proposed zoning alternatives for the Fidalgo Bay Plan. The Planning Commission has recommended Alternative Plan 1 A with the more intensive zoning. One change allows for recognition of port dock and marine related activities along the Guemes waterfront. The area receiving most attention is south of Cap Sante Marina to the old plywood September 8, 1998 - continued mill. The PC recommended that north of 22nd street there should be some possibility for commercial uses currently allowed in the Commercial and Commercial Marine districts. The draft now before Council and the public include some recommended technical changes. Two of the changes made by Council from the Planning Commission draft are (1) movie theater as a permitted use in any of the zones and (2) allowing for a grocery store south of 22nd street but north of 28tstreet, to be accomplished through a negotiated contract/public hearing. The Mayor then opened up the meeting for citizen input. Ms. Druscilla Briggs, 4412 Bryce Drive spoke in favor of keeping the grocery store north of 22nd St. Ms. Patsy Hammerstrom, 2002 381h, suggested that the current zoning stay as is and spoke against bringing in competitive commercial interests. Mr. Steve Clark, 1102 G Avenue, representing Evergreen Islands, asked Council to reverse its most recent vote on the Fidalgo Bay Plan. Mr. Don Yankacy, 2033 L Avenue, spoke against recent Council action on the Fidalgo Bay Plan. Mr. Bart Evans, 2710 28th St., spoke against the recent change. Mr. Tom Lian, 1414 25th St., spoke in favor of allowing grocery stores north of 22nd St. Mr. Duncan Frasier, 1703 L Avenue, representing the Chamber of Commerce, referenced a Chamber member survey. Mr. Bill Wooding, 1601 Georgia Place, spoke against retail and grocery south of 22nd St. Mr. Andrew Hansen, 5508 Doon Way, spoke against the grocery -store in industrial area. Mr. Don White 2219 12th St., spoke against the action recently taken by Council. Ms. Elsa Gruber, La Conner, spoke against action taken by Council to allow more retail development. Mrs. Katherine Nordmark, 3216 Field Avenue, spoke in favor of jobs that would be provided by a major grocery store. Mr. Charles Keck, 1519 M Avenue, spoke against grocery in the industrial zone. Mr. Shinji Asari, 3903 H Avenue, spoke in favor of the downtown, as it is currently developing, and spoke against grocery in the industrial zone. Mr. Francis Orr, 1617 32nd St., spoke in favor of maintaining the industrial area as is. Mr. John Prosser, 404 2"d St., spoke against the 50' height allowance in the zoning along Guemes Channel, Manufacturing and Shipping Districts. Mr. Prosser also suggested that because of changes in technology, the nature of "industry" has changed. Mr. Don McDugle, 1014 6th St., spoke against spot zoning in the industrial area. Mr. Dave Kiser, 4514 Guemes View, spoke in favor of Council's action. Ms. Janet Clark, 1102 G Avenue, spoke in favor of developing jobs in the industrial area to attract youth to stay in the community. Mr. Malcolm Lorente, 3820 W. 4th St., pointed out that, generally, young people tend to move away from their home communities. He also said he understood the hard work and effort contributed by the Council on this issue. Mr. Dick Dildine, 1211 6th St., spoke against Council action regarding the industrial zone. Mr. Dave McMillan, 417 38th St., spoke against influence from outside interests. Ms. Cynthia Richardson, 5601 D Avenue, suggested that there was room to locate a theater and market north of 22nd St. She spoke against the developers proposal for the industrial area. Ms. Suzanne Harris, 1166 Pointe Place, supported comments from the audience and spoke against grocery type stores in the industrial area. Mr. Paul Hovey, 2019 Creekside Court, discussed City of Oak Harbor response to a proposed Wal-Mart. Mr. David McMillen, 1114 20th St., spoke in favor of following the Comprehensive Plan, and cautioned about hasty action on MJB's development plan. After a short break, the Mayor resumed taking comments from the audience. Ms. LaDonna Krautkremer, 404 4th St., spoke against maximum 50' along the Guemes channel and strongly a 35' maximum with conditional use required for over 35'. Ms. Erica Pickett, spoke against development agreements, asked if development agreements would be allowed in other zones, and suggested that the recent proposed changes by Council favor the developer. Ms. Margo Wyatt, 2403 V Avenue, spoke in favor of following the Comp Plan. Ms. Patti Pattee, 1004 7th St., # 302, downtown business owner, asked at what cost to the community would the changes proposed by Council exact. Mr. Bob Tull, Attorney, representing concerned citizens, discussed the purpose of the development agreements, suggested more discussion opportunity, and questioned that north of 22nd St., double conditional use permits will be required and questioned the lack of standards for the regulation of conditional uses. There were no further comments and the Mayor declared the Public Hearing closed. Mayor Maxwell thanked the members of the audience for their participation and announced that no further action will be taken at this time. This matter will be placed on the September 21, 1998 agenda. Consent Aaenda Mr. Christiansen moved, seconded by Mr. Brown, to approve the following Consent Agenda Items. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 1409 September 8, 1998 – continued Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on August 20, 1998, August 27, 1998 and September 3, 1998. Council vote was unanimous. Claims Warrants -- Sept, 1998: Warrant Numbers 55846 through 56139 in the total amount of $668,276.19 Prewritten Claims -- Aug, 1998: Warrant Numbers 55721 through 55724, 55842 through 55843 in the total amount of $6,730.03 Payroll -- Aug, 1998: Warrant Numbers 11534 through 11705 in the total amount of $332,386.46 Draw Payroll -- Aug, 1998: Warrant Numbers 11415 through 11486 in the total amount of $36,303.93 Council cancelled Warrant # 55132 in the amount of $20.00; Warrant # 045623 in the amount of $32.50; Warrant # 47424 in the amount of $94.14; Warrant # 51631 in the amount of $20.00; and Warrant # 51470 in the amount of $10.00. Council awarded "Q" Avenue Reconstruction/Design Consultant Contract to Perteet Engineering. Public Hearing – 6 -Year Transportation Improvement Proqram Mayor Maxwell opened the Public Hearing on the Annual Transportation Improvement Program, 1999-2003. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mrs. Robinette inquired about private funding for projects listed in the Program. Mr. Dave Lervik, City Engineer, discussed the "Q" Avenue project and others that have private funding The Public Works Director, Mr. Jim Pemberton, pointed out that the Capital Facilities Plan includes impact fees that are collected from developments. Mr. Lervik also discussed the category, "Miscellaneous Pavement Overlays". Mr. Christiansen recommended that wording on the 30th Street entry be changed. With that, Mr. Carlisle moved, seconded by Mr. Brown, to adopt Resolution No. 1482 entitled "Adopting a Comprehensive Six -Year Transportation Improvement Plan". Vote: Ayes – Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, Brown. Motion carried. 33`d Court Latecomers Charges Mr. Ian Munce, Planning Director, presented this item to Council. Mr. Munce explained that the City, as developer, applied for a latecomers agreement for the 33`d Court construction costs. Referencing his September 1, 1998 Memorandum, Mr. Munce listed total project costs, assignment of costs, and property owners benefiting from these improvements. On a question from Mrs. Robinette, Mr. Munce explained the allocation method. Mr. Brown moved, seconded by Mr. Rock, to approve the 33`d Court latecomer agreement road frontage and cost distribution. Vote: Ayes – Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Police Contract 1998-2000 (Possible Executive Session/Action) Mayor Maxwell announced that this item has been removed from the agenda. Executive Session At approximately 9:50 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss land sales. At approximately 10:30 p.m. the Council reconvened and without taking any further action the Mayor adjourned the meeting of September 8, 1998. Geor htaianit Clerk-T-reasurer H. Dean Maxwell, M or 4a—LA, /4�a Councilmember September 17, 1998 — Special Meeting Roll call found present: Councilmembers Bud Rock, Nick Petrish, Ray Sizemore, Ken Brown, and Bill Carlisle. Absent: Councilmembers Jeanne Robinette and Terry Christiansen After calling the meeting to order, Mayor Maxwell pointed out that this Special Meeting had been called by Councilmembers Brown, Carlisle, Petrish, and Sizemore for the sole purpose of considering a resolution placing an advisory ballot on the November 3 election relative to the desirability of locating a grocery store south of 22"d Street. Beyond this, the meeting was to review the specific language that would be put forward in the ballot title. Before beginning this discussion, though, the Mayor opened the meeting to public comment. Ms. Jean LaRue argued that this evening's meeting was an improper meeting organized without compliance with the State Open Meetings Act. Mr. Don Yankacy urged the Council to protect the industrial zone and, thus, the City's industrial base. Mr. Andrew Hanson urged the City Council to make the decision on the grocery store. So too did Mr. Paul Bowie. Ms. Cynthia Richardson asked to know the reasons why the Council was going forward with an advisory ballot. Mr. Bob Tull, an attorney representing downtown property owners, cited Open Meetings Act concerns and the concern that the right question be asked of the voters. Mr. Tull stated that with the right question useful information would be secured. However, Mr. Tull stated that any proposition should not assume that industrial land north of 22nd Street would be available for commercial use. Mayor Maxwell then concluded the informal public testimony. The Council then turned to discussing the advisory ballot measure. Councilmember Rock spoke against having an advisory ballot, stating that the item was of a quasi-judicial nature and one for the City Council to decide. Mr. Petrish stated that to date five members have voted to locate a grocery store south of 22nd Street and, depending on the outcome, the advisory vote could change this. Mr. Sizemore stated that the testimony at the Council public hearing went one way and the letters received by the Council went the other way. Mr. Sizemore added that he had heard from perhaps 100 out of 14,000 residents and he would like to have the answer at the ballot box. Mr. Brown stated that he wanted to do what was best for the community and putting the measure on the ballot was a good way to determine this. Mr. Carlisle explained the proposal and how he had secure the signatures calling for this meeting without violating the Open Meetings Act. The Council then turned to a discussion of the resolution calling for the advisory ballot. The Council worked from a draft prepared by the City Attorney and worked through this word by word. The proceedings are on tape and filed at City Hall. At the conclusion of discussion, a revised draft resolution was available for Council action. Mr. Carlisle then moved that Resolution No. 1483 be adopted. This resolution is entitled, "A Resolution Authorizing and Directing the Holding of an Election within the City of Anacortes for the Purpose of Advising the Anacortes City Council on Whether or Not the Voting Citizens in the City of Anacortes Support an Amendment to the Comprehensive Plan of the City to Add an Area of the City Wherein a Grocery Store Type Supermarket May be Located". The motion was seconded by Mr. Petrish. Vote: Ayes — Carlisle, Petrish, Sizemore, and Brown. No — Rock. The meeting adjourned at approximately 9:00 p.m. Georhtaian, City Clerk -Treasurer H. Dean Maxwell, Mayr Councilme ber 1 4 11 September 21, 1998 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of September 21, 1998 to order. 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. Sizemore moved, seconded by Mr. Rock, that minutes of September 8, 1998 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No members of the audience wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell read a Proclamation proclaiming October, 1998 as Head Injury Awareness Month. Mayor Maxwell read, in part, "...I urge all citizens to join me in recognizing the importance of this observance by educating themselves, and taking the necessary precautions to ensure their own safety and that of their loved ones. " Task 5 and 6: Draft and Final Report: IFIM Studv Mr. Jim Pemberton, Director of Public Works, presented this item to the Mayor and Council. Mr. Pemberton explained that in October, 1996, Council authorized an amendment to a Joint Operating Agreement with Skagit Public Utility District to enter into an IFIM study on the Skagit River. This study, part of the Memorandum of Agreement signed by the City of Anacortes, Skagit PUD, 3 Tribes, Skagit County, and various State agencies including the Department of Ecology, is aimed at qualifying and providing certainty for water rights. Each task or phase of the project was to be brought back to Council for authorization. Tasks 5 and 6, Draft and Final Report for the Lower Skagit River Instream Flow Study, estimated at $30,000, are now ready for Council authorization. Mr. Pemberton pointed out that the City and PUD are each responsible for half of the budgeted amount. Mr. Pete Rittmueller, the DES instream flow study Project Manager, will make a presentation to Council and staff when the draft report is complete. With that, Mr. Sizemore moved, seconded by Mr. Brown, to authorize Tasks 5 and 6, IFIM Study Draft and Final Report. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, Petrish. Motion carried. Pipeline Replacement Phase II Consultant Services Mr. Gordon Bruchner, consulting engineer, presented a September 15, 1998 Memorandum describing the next phase for the 24" waterline replacement. The Memorandum describes the construction engineering services for Segments 2, the Swinomish Channel crossing, and Segment 3, the pipeline along South March's Point Road to Bartholomew Road. The amendment describes the specific work required for this part of the project. Mr. Bruchner explained that the change in the scope of work in this phase of the project is to remove easement negotiations from the engineering services and make that work a City function. In conclusion, Mr. Bruchner recommended that Council authorize the Mayor to enter into the Amendment 2 to an Agreement for Engineering Services for the 24" waterline replacement project. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Fidalgo Bav Plan — Alternative 1 A Mr. Ian Munce, Planning Director, presented the current proposed zoning language for Alternative 1 A to the Fidalgo Bay Plan. Mr. Munce pointed out that the while the Council voted to place the grocery store issue up for an advisory ballot, the remaining Alternative 1 A language/use issues are now before Council for discussion and possible decision. First, Mr. Munce discussed the height limit in the new Manufacturing and Shipping zones. Mr. Munce reported that concerned property owners and neighbors in the Wyman's Marina vicinity are attempting to reach a on consensus on height restrictions in their area. Mr. Munce then reviewed. his 4 proposed amendments. He concluded with a review of the Plan adoption time frame: Over the next 6 weeks effort will be made to finalize everything else other than the grocery issue. A new document will be ready in early November for the 60 -day state and local group review and comment period. The Planning Commission would review comments in January and the Council in February. Any appeals would come before the Growth Hearings Board with conclusion at the end of next year. Council then discussed each of the proposed amendments. Council agreed that "movie theaters" be removed from the MS and CM2 Zones. With regard to the height restriction in the Manufacturing and Shipping zones. Mr. Munce proposed adding the neighborhood height alternative separately with the introduction, "This is another proposal that has considerable support. Please review and comment at the same time." Council agreed to add research and development centers as a permitted use in the CM 1 Zone. Mrs. Robinette spoke against this September 21, 1998 - continued change. The fourth change proposed by staff is to add "...as set forth in AMC 17.24.020 (existing section number)" to the list of conditional uses in the CM1 Zone. Council agreed to adopt this change. Mrs. Robinette then objected to the use of the language "uses in the general vicinity" in place of the word "standards", in Section 17.22.090, maximum building height in the CM Zone. Council agreed to keep the new language but not to eliminate the word "standards". Mrs. Robinette then suggested adding a footnote to the Industrial Zone, permitted uses, 17.xx.020, "This language may change after the November 3, 1998 vote on the. following Advisory Ballot Measure: 'Shall the Anacortes City Council amend the Comprehensive Plan of the City to expand the locations where a grocery store type supermarket may be located in an area currently industrial property, and which is bounded by 22nd street on the north, 28th street on the south, "T" Avenue on the east, and "R" Avenue on the West.' " Council agreed. Mrs. Robinette then brought up the final issue. She suggested adding "restaurants in connection with a marina" in the conditional use section for the Industrial Zone. After discussion, Council agreed to list Industrial Zone conditional uses as "Marinas, restaurants or restaurants in connection with a marina (to be determined), and commercial parking are conditional uses in this zone." Consent Aaenda Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the following Consent Agenda Items. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 10, 1998 and September 17, 1998. Council vote was unanimous. Claims Warrants Sep, 1998: Warrant Numbers 51643 through 51822 in the total amount of $420,677.10 Draw Pavroll Sep, 1998: Warrant Numbers 11706 through 11770 in the total amount of $32,591.33 Council adopted Ordinance No. 2472 vacating certain rights-of-way in the Northern Pacific Addition in conjunction with the Rock Ridge Phase II project. Closed Record Meetina — Conditional Use Permit — "D" Avenue Nursery Expansion and ADDeal Mayor Maxwell opened the Closed Record review of a Conditional Use Permit application submitted by Ruth Shiohira for improvements to the existing "D" Avenue nursery. Mr. Ian Munce, Planning Director, then pointed out that Council received copies of the Planning Commission recommendation, a transcript of the public hearing and all correspondence received, including a copy of the appeal. Mr. Munce further explained that nurseries are a conditional use in the current R 2 zoning; however, this nursery was developed prior to current zoning regulations. Mr. Munce then showed a site plan of the current layout including the existing parking spaces off of the "D" Avenue arterial and the proposed spaces on 15th Street. Originally, when the applicant submitted plans for modest improvements to the nursery, City staff focused on the parking/safety issue and encouraged the applicant to add 6 off-street parking spaces on their property using 15th street as the access. The request was made based on a need for additional parking and to bring this commercial activity closer to zoning code parking requirements. When the application was brought forward to the Public Hearing, neighbors, including the appellant, Mrs. Patricia Choate, spoke against the added traffic these parking spaces would bring to the residential setting on 15th Street. Hearing all the testimony, the Planning Commission recommends to Council approval of the Conditional Use Permit as submitted. Mrs. Robinette asked about the parking configuration on 15th street. Mrs. Priscilla Choate, 2301 15th Street, appellant, said that while not objecting to the nursery itself, she and her neighbors had many safety concerns due to increased traffic on the corner of 15th and "D" Avenue. Mr. Carlisle then suggested that the proposed new parking spaces, and resultant expense were not necessary and he then moved to grant the appeal to eliminate those spaces from the project. Mr. Sizemore seconded the motion. Mrs. Robinette pointed out that "D" Avenue is a major arterial and discussed the advantage of the additional parking spaces. Council then discussed using 16th Street as an alternative, and also discussed giving the applicant two weeks to consider parking alternatives or whether or not they wish to ask for parking at this time. On a question from the Mayor, the City Attorney, Mr. Steve Mansfield, explained that the applicant 1412 1413 September 21, 1998 - continued has the opportunity to respond to the appeal. Mr. Brown said he didn't think it was necessary to add parking at this time. Mrs. Ruth Shiohira, 1108 Kings St., applicant, spoke to the appeal. Mrs. Robinette asked about the space between the parking spaces and the 15th Street right-of- way. Mrs. Shiohira explained that the contractor has already reviewed the parking proposals and she supports the proposal/application as presented. With that, Mr. Carlisle withdrew his motion. Mr. Brown moved, seconded by Mr. Sizemore, to approve the "D" Avenue Conditional Use Application as submitted subject to the conditions outlined in the Findings of Fact, and to deny the appeal. Vote: Ayes — Robinette, Rock, Petrish, Sizemore, Brown, and Christiansen. No - Carlisle. Motion carried. Automated Chlorine Feed — Wastewater Treatment Plant The Public Works Director, Mr. Jim Pemberton, presented a request from Mr. John Franz, Wastewater Treatment Plant Manager, to use an automated chlorine control at the Plant. In a September 1, 1998 memorandum Mr. Franz highlighted the cost savings to the City as well as the technical reasons for requesting this control system. With that, Mr. Christiansen moved, seconded by Mr. Brown, to approve the request to install an automated chlorine feed system at the wastewater treatment plant. Vote: Ayes: Rock, Petrish, Sizemore, Brown, Christiansen, Robinette, Carlisle. Motion carried. Mr. Rock requested that Mr. Franz further review the engineering costs. Q Avenue CSO/In-line Storage Analvsis Mr. Jim Pemberton, Director of Public Works, presented a request for authorization for the Mayor to enter into an agreement with HDR to perform preliminary engineering work. The data gathered by HDR will provide the necessary information to include the sewage collection system in-line storage in the 1998 Budget. Mr. Sizemore moved, seconded by Mr. Carlisle, to authorize the Mayor to enter into an agreement with HDR to conduct this work. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Motion carried. Executive Session At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss property transaction health insurance issues/labor negotiations. At approximately 9:30 p.m. the Mayor and Council reconvened and without taking any further action the Mayor adjourned the meeting of September 21, 1998. Georg&taia City Clerk -Treasurer H. Dean Maxwell, M yor Councilmember 1414 October 5, 1998 Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. After calling the meeting to order at 7:30 p.m., Mayor Maxwell adjourned the meeting into Executive Session to discuss a labor negotiation matter. At 7:45 p.m., the Council came out of Executive Session and resumed their regular meeting. The Minutes of the September 17 and September 21, 1998 meetings were approved on a motion by Mr. Brown, seconded by Mr. Carlisle, and passed unanimously. It was noted that Councilmembers Robinette and Christiansen abstained from voting on the Minutes of the September 17, 1998 meeting as they were not present for this meeting. There was no testimony under Citizen Hearings. Council Committee on Commercial and Industrial Protect Review Mayor Pro -Tem, Mr. Christiansen, reviewed the need for a Council committee to work on conditions and standards against which to review commercial and industrial projects. After discussion, Mr. Carlisle moved that the following Councilmembers be appointed to this committee: Ms. Robinette, Mr. Rock, and Mr. Christiansen. The motion was seconded by Mr. Brown and passed unanimously. Mavor's Award of Merit Mayor Maxwell presented the Mayor's Award of Merit to Ms. Cathy Carmody, Registrar for the Museum. Mayor Maxwell thanked Cathy for the outstanding job that she had done this summer during Karen Marshall's absence. The Council joined the Mayor in thanking Ms. Carmody for her ongoing contribution to the community. Paintina of 36" Waterline Under Unfinished Business, Council reviewed a September 30, 1998 letter from Mr. Gordon Bruchner, City Consulting Engineer, relative to accepting the painting of the 36" water transmission line adjacent to SR 20. The Council discussed with Mayor and City staff the reasons for increased costs on this project. After discussion, Mr. Sizemore moved the City accept the work and advertised the project as a completed project; this will initiate the required 30 -day lien period. The motion was seconded by Mr. Petrish and passed unanimously. Emplovee Award Proaram Ordinance The Council then reviewed an ordinance, "Establishing an Employee Award Program Providing for a Maximum Award of $1,000 for Employee Suggestions Resulting in Demonstrable Savings to the City." A series of changes had been made in this ordinance after previous discussions between Mayor and Council. After discussion, Mr. Sizemore moved that the City Council adopted Ordinance No. 2473. The motion was seconded by Mr. Carlisle and passed unanimously. Consent Aaenda The following items were approved on a motion by Mr. Carlisle, seconded by Mr. Rock, and passed unanimously: Voucher Aooroval: Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 24, 1998 and September 30, 1998. Claims Warrants: Oct. 1998 — Warrant #56326 through #56486 in the total amount of $402,127.64. Payroll: Sept. 1998 — Warrant #11771 through #11929 in the total amount of $350,553.83. Council approved Findings of Fact for the expansion of "D" Avenue Nursery (Shiohira). Council approved cancellation of warrant #56088 issued to Skagit On Line Services in the amount of $4,514.00. Council approved the following re -appointments: Ron Rosenberger (Board of Adjustment), Doug Colglazier (Parks & Recreation), Marcia Taylor (Housing Authority), Marty Laumbattus (Forest Advisory Board), and Lewis Jones (Museum and History Advisory Board). 1415 October 5, 1998 - continued Closed Record Meetina — Conditional Use Application: Ruzich Under New Business, the Council considered the Planning Commission's recommendation on Vito and Maria Ruzich's conditional use application to use a 12,000 square foot lot for two single-family residences in the R2 zone. The property address is 3319 West 3`d Street. The Planning Director introduced the Planning Commission's recommendation, which was for approval with eight conditions. There was no appeal of this recommendation. It was noted that the Planning Commission's recommendation was accompanied by the application itself, written submissions to the Planning Commission, and a transcript of the Planning Commission public hearing. After discussion, Mr. Carlisle moved that the Council approve the conditional use as recommended by the Planning Commission. The motion was seconded by Mr. Petrish and passed unanimously. Closed Record Meetina — Conditional Use Application: Richter (Lighthouse Parkl The Council then considered an application from Lighthouse Park Village for a conditional use permit to locate thirteen condominiums in the Commercial Marine zone. The address is 5809 Sands Way. The Planning Director reviewed the Planning Commission's recommendation for approval subject to fourteen conditions. There was no appeal. It was noted that the Planning Commission recommendation was accompanied by the application itself, correspondence by the Planning Commission, and a transcript of the Planning Commission public hearing on this matter. Councilmembers expressed pleasure that the issues identified had been amicably resolved by the applicants, the Beach Club, and neighbors. After further discussion, Mr. Carlisle moved that the City Council accept the Planning Commission's recommendation. The motion was seconded by Mr. Rock and passed unanimously. Public Hearinq -- Latecomer Aqreement: South March Point Waterline The Council then consider a proposed latecomer agreement submitted by Harbor Lands, Inc. for their South March Point property. Mayor Maxwell opened a public hearing on this matter. Mr. David Lervik, City Engineer, introduced his October 1, 1998 memorandum on this matter. Mr. Chuck Bates, a neighbor directly affected by the agreement, testified against the latecomer's arrangement. Mr. Lervik responded that Mr. Bates, or his successor in interest, would only pay a latecomer's fee if they were to undertake major new development that would benefit from the fire protection provided by the hydrants installed by Harbor Lands. Further, this latecomer agreement would expire at the end of ten years. The public hearing was closed. After discussion, Ms. Robinette moved that the City approve the application without including interest costs. The motion was seconded by Mr. Christiansen. Vote: Ayes — Petrish, Robinette, Christiansen, Sizemore, Brown, and Carlisle. No — Rock. The motion carried. Addendum to IAFF Collective Baraaininq Aqreement Mayor Maxwell then introduced an addendum to the IAFF Collective Bargaining Agreement, recommending it for adoption. Mr. Sizemore moved that this addendum be adopted. The motion was seconded by Mr. Rock and passed unanimously. The meeting adjourned at approximately 8:40 p.m. Ge a Khtdan, City Clerk -Treasurer H. Dean Maxwell, M yor Councilmember October 19, 1998 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of October 19, 1998 to order. 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 Mrs. Robinette asked that Richter Conditional Use parking requirements be highlighted either in the minutes of October 5th or called out in the Findings of Fact. It was agreed that the Findings would be amended to add the parking requirements. With that, Mr. Carlisle moved, seconded by Mr. Rock, to approve the minutes of October 5, 1998. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings No members of the audience wished to testify on matters not on the agenda. Mayor/Council Communication There were no Mayor/Council communications on matters not on the agenda. Solid Waste Letter to County Mayor Maxwell presented a Draft Letter, addressed to Skagit County, for Council's approval and signature. The Council's Solid Waste Subcommittee, City staff, and R.W. Beck have investigated the City's pro -rated share of costs should the City choose an alternative method of waste disposal. The purpose of the letter is to address the difference in the shared costs as calculated by County staff versus those figures put forward by the Council's Subcommittee, staff, and consultant. Mr. Jim Pemberton, Director of Public Works, answered questions as to the method used to determine the debt figure. Having reviewed the draft, letter, Mr. Sizemore moved, seconded by Mr. Christiansen, that the letter be signed and forwarded to the County. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Phase II — Water Comprehensive Plan Update — Contract Amendment Mr. Jim Pemberton, Director of Public Works, presented a request for authorization to amend the City's contract with R.W. Beck to update the Water System Plan. Pointing out that the contract Phase I work was reviewed by Council in Study Session, Mr. Pemberton then briefly outlined the Phase II Scope of Work. Tasks shall include, in part, project management, updating of basic planning data, and updating of Phase I system analysis. Mrs. Robinette supported effort made to study the need for another reservoir. In that regard, policy issues will be brought back to Council for further discussion. Mrs. Robinette then moved, seconded by Mr. Brown, to amend the contract with R.W. Beck for the Water System Plan Update by authorizing R.W. Beck to complete Phase II of this project. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Consider Bids: 32nd Street Sanitary Sewer Relief Line Mr. Jim Pemberton, Director of Public Works, introduced this item to Council for review and approval. With regard to sanitary sewer relief lines, Mr. Pemberton explained that the City crew has identified areas in need of pipeline replacement and rehab. One such area is the line in 32nd Street and "H" Avenue, and Mr. Pemberton gave a detailed description of the work to be done at this location. Bids for the project were solicited, and low bid was received from G. and G. Excavation, Inc., Anacortes, in the amount of $44,289.36. After discussion, Mr. Sizemore moved, seconded by Mr. Brown, to accept the low bid. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Televisina Council Meetings: Reauest for Proposal and Policies Mayor Maxwell presented the next agenda item, televising Council meetings. The Mayor explained that Council has previously studied proposed policies for the televising of meetings. Formalized policies together with a Request for Proposal (RFP) for Project Assistance/Televising Public Meetings are now before the Council for review and approval. The City Attorney,, Mr. Steve Mansfield, explained that suggestions made by Council during the Study Session were incorporated into the documents before them. Mr. Mansfield further explained that the policies have been purposely kept general, with the thought that amendments could be made as the City gains experience in televising meetings. He then read the mission statement for the City's cable government channel. He emphasized that this is a government channel not a public access channel. Mrs. Robinette discussed the makeup of the Government Channel Commission and questioned policy language regarding citizen use of the channel. After discussion on these issues, Mr. Carlisle moved, seconded by Mr. Rock, to adopt the City of Anacortes Policies Regarding Operation of Government Channel, and to approve the City of 1417 October 19, 1998 - continued Anacortes Project Assistance — Televising Public Meetings — Request for Proposal (RFP). Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Consent Aqenda Mrs. Robinette asked that Items "b" (Richter) and "d" be removed from the Consent Agenda. Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the following Consent Agenda items. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Approval of Vouchers Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on October 8, 1998 and October 15, 1998 be approved for payment as of this date, October 19, 1998. Council vote was unanimous. Claims Warrants Oct, 1998: Warrant Numbers 56493 through 56708 in the total amount of $382,684.64 Prewritten Claims Sep, 1998: Warrant Numbers 55844-55845, of $7,445.63 56140-56142, 56323-56325 in the total amount Council adopted Findings of Fact and Conclusions of Law regarding the Ruzich Conditional Use Permit. Council cancelled Warrant # 11604 in the amount of $109.70 Findinas of Fact and Conclusions Law — Richter Conditional Use Permit — 4-Plex in CM Zone Mrs. Robinette requested that this item be removed from the Consent Agenda so that Condition # 15, parking requirements, can be added to the Richter Conditional Use Permit Findings of Fact. With that, Mr. Christiansen moved, seconded by Mr. Carlisle, to approve the Findings of Fact and Conclusions as amended. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Reappointment to Public Works Advisory Board Mrs. Robinette requested that this item be removed from the Consent Agenda so that more information could be provided on the reappointments. Mr. Jim Pemberton, Director of Public Works, clarified that the Public Works Advisory Board reappointments are: Mr. Bill Wooding, Mr. Lin Folsom, and Mr. Spencer Swain. Mr. Carlisle suggested that Mr. Swain's name be removed from this list citing Mr. Swain's additional responsibilities as a Port of Anacortes Commissioner. Mrs. Robinette asked that the Council receive a list of the committee members and term lengths. At the end of the discussion, Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the reappointments of Mr. Wooding, Mr. Folsom, and Mr. Swain to the Public Works Advisory Board. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. No — Carlisle. Motion carried. Public Hearing: Conservation Easement Proqram Mayor Maxwell opened the Public Hearing to take public comment on the ACFL Conservation Easement Program. Mayor Maxwell said that Council and community members have worked together for some time to develop this easement program. Suggested changes by Council members have been incorporated into the document now before the audience and Council. The Mayor asked that an overhead be displayed showing the forestlands; he then opened up the meeting for public comment. Mr. Bob Rose, 1703 Best Road, Mt. Vernon, commended the Council for action taken to protect the forestlands. Mr. Phil Burton, on behalf of the Friends of the Forest, presented a letter outlining the Friends' pledges of support for this program. Mr. Kevin Welch, Chairman of Sun Systems, said that Sun Systems will budget funds to support this program. Mr. Ross O. Barnes, 104 Harbor Lane, submitted a copy of his April 6, 1997 letter to Council member Robinette, and then read from his October 19, 1998 memo, "RE: ACFL Conservation Easement Espied". There were no further comments and the Mayor declared the Public Hearing closed. October 19, 1998 - continued Mr. Carlisle then moved, seconded by Mr. Rock, to adopt the ACFL Conservation Easement Program. Mrs. Robinette mentioned the financial commitment made by the City for the protection and management of over 2,000 acres of forest. Mr. Rock, having worked on this project for over 18 years, expressed his appreciation for the countless community and government hours spent on developing this program. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Public Hearina: Proposed Park Impact Fee Ordinance Mayor Maxwell opened the Public Hearing to take public comment on a proposed Park Impact Fee Ordinance. The Mayor explained that Council previously reviewed this issue in Study Session. Mr. Gary Robinson, Park Director explained that the proposed $615 park impact fee would meet the additional growth needs of specific park issues identified during the study of the impact fee issue. Mr. Ian Munce, Planning Director, introduced issues raised by Planning Commissioner Cynthia Richardson. Mr. Munce first explained that this fee can be clearly imposed on both those 1,200 platted lots that don't have park land dedication and on also imposed on new projects. The issue raised by Ms. Richardson deals with any credit due to those existing projects approved over the last few years that have dedicated land in lieu of paying an impact fee. The Mayor then opened up the meeting to public testimony. Mr. Phil Burton, member of the Park Board, spoke in favor of the modest fee and ordinance structure. Mr. Burton asked about the importance of requiring project open space for aesthetic purposes. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Christiansen asked for further clarification of "Development Activity", page 7, item "J". He also pointed out that on page 20, item "Y" should include the word "not" in the last sentence. On a question from Mr. Carlisle, the issue of "alterations or expansion or enlargement or remodeling" was highlighted as an exemption. The Planning Director then directed Council's attention to page 16, "Credits". The Director said that this Section addresses Mrs. Richardson's concerns. On a question from Mr. Christiansen, Mr. Munce explained that appeals shall be directed to the Board of Adjustment. Mrs. Robinette suggested that for the first year of implementation all appeals should be brought to Council. Mr. Brown expressed concern over the imposition of additional fees. With that, Mr. Rock moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2474 entitled "Parks & Recreation Impact Fee Ordinance". The recommended amendments shall be incorporated. Vote: Ayes — Brown, Christiansen, Rock, Carlisle, Petrish, and Sizemore. No — Robinette. Motion carried. South March Point Annexation: Public Hearina/Ordinance Mayor Maxwell opened the Public Hearing on the South March Point Annexation Petition. Mr. Ian Munce, Planning Director, provided a brief history of the City's past attempts to respond to the South March Point annexation requests. Mr. Munce addressed significant changes that have occurred over the last eighteen months that affect the City's annexation efforts: The City's Urban Growth Area (UGA) has been identified in the Skagit County Comprehensive Plan as the City of Anacortes UGA - the appeals filed to that were denied and there are no further proceedings involved; a new annexation petition has been submitted which does not include property at Padilla Heights; a Western Washington Growth Hearings Board ruling clarifies what happens after an urban growth area is established with emphasis on the point that annexations must occur so that urban services can be provided. Mr. Munce further explained that the City's Capital Facilities Plan contains a detailed service plan for South March Point revenue projections. Also, the Annexation Petition submitted to the Assessor's Office is sufficient to meet State standards. In conclusion, Mr. Munce said that if the petition is approved, the Ordinance now before Council for adoption sets March 2, 1999 as the effective date of the annexation. This would provide for a phase-in of City services. The Mayor then opened up the meeting to public comment. Mr. Jerry Smith, 12484 Reservation Road, recapped the annexation process, spoke in favor of the annexation and thanked the Council for considering this request. Mr. Mike Crawford, Concrete Nor'west, asked the Council to accept the petition and expressed concern for the future of development in this area based on the current condition of the on-site septic systems. Mr. Ed Little, Sunland Topsoil, and residential property owner, thanked the Mayor and Council for their attention to this matter and he looked forward to moving ahead with the annexation. Mr. Jack Pringle, 628 Highway 20, residential property owner, spoke in favor of the annexation citing stresses on the existing sewer system. Mr. Bob Powell, representing Skagit County PUD # 1, testified in favor of the annexation. He also presented a letter from Mr. James Kirkpatrick, General Manager. The letter referenced service area issues within the UGA and expressed the PUD's willingness to work with the City on identifying hydraulic and debt service related issues. Mr. Jim Groves, Fire 1419 October 19, 1998 - continued District # 13, said that with the removal of the Padilla Heights property from the annexation petition, Fire District # 13, will enter into an agreement to work with the City to provide fire service. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Robinette reminded the property owners of the economic implications of the annexation. Mr. Carlisle thanked staff, in particular, Mr. Ian Munce, Planning Director, for their efforts in the annexation process. With that, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No. 2475, entitled "Annexation — South March Point/SR 20". Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Collective Baraainina Aareements Mr. Steve Mansfield, City Attorney explained that the Council -approved draft of the contract has been ratified by the Police Guild. With that, Mr. Carlisle moved, seconded by Mr. Christiansen, to approve the Collective Bargaining Agreement between the City of Anacortes and the Anacortes Police Guild, January 1, 1998 through December 31, 2000. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. At approximately 9:40 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, October 26, 1998 at 7:30 p.m. for a bid award. The regularly scheduled Study Session would then follow. 7 KtAian, City Clerk -Treasurer H. Dean Maxwell, Mayor i�-`- Councilember October 26, 1998 — Continued from October 19, 1998 At 7:30 p.m. Mayor Maxwell reconvened the continued meeting of October 19, 1998. Council members Carlisle and Robinette were absent. Mr. Dave Lervik, City Engineer, presented the bids to be reviewed and approved by Council. Mr. Lervik said that the bids were for the "M" Avenue sidewalk project (32"d,to 41St Streets) with TBWP General Contractors as the low bidder. Mr. Sizemore moved, seconded by Mr. Brown, to accept the low bid for the sidewalk project. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, and Rock. Motion carried. There being no further business, the Mayor adjourned the continued meeting of October 19, 1998. �'� i� - 4C4' �cirge tOtaian, City`Clerk-Treasurer H. Dean Maxwell, May r Councilmember November 2, 1998 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 2, 1998 to order. 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. Sizemore moved, seconded by Mr. Petrish, that the minutes of October 19, 1998 and October 26, 1998 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette (abstained from voting on October 26th minutes), Rock, and Carlisle (abstained from voting on October 26th minutes). Motion carried. Citizen Hearings No members of the audience wished to testify on matters not on the agenda. Mavor/Council Communication Mayor Maxwell introduced Ms. Judy Jewell, Official Town Crier for the City of Anacortes. Ms. Jewell, while delivering a resounding cry, modeled the new, beautifully equipped Town Crier uniform. Mayor Maxwell then turned to a report on a meeting held with the Skagit County Commissioners. The meeting was held to continue the dialogue with the County on the City of Anacortes Annexation Petition. The Mayor, Chief Mike King, Chief Richard Curtis, and members of the Public Safety Commission made presentations at that meeting. Annexation area police response time was discussed. In conclusion, the Mayor said that the City's annexation petition will move forward toward the March, 1999 effective date pending Boundary Review Board approval. Consider Acceotina 1998 Street Work Mr. Jim Pemberton, Director of Pubic Works, presented this item to Council for review and approval. Mr. Pemberton first directed Council's attention to an October 26, 1998 Public Works memorandum listing the types of street work completed, bid and final project costs, and a recommendation that the projects be accepted as complete. Mr. Pemberton pointed out that the work was carried out at seven different locations within the City. In response to a question from Mr. Carlisle, Mr. Pemberton explained that the Washington Park Loop Road improvements were carried out by City crew and that completion of this work is included in the proposed 1999 budget. With that, Mr. Christiansen moved, seconded by Mr. Brown, to accept the 1998 Overlay projects as complete thereby initiating the required 30 -day lien period. If no liens are filed retainage now held will be released to the Contractor, Lakeside Industries. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Museum Signs Mayor Maxwell then introduced Ms. Karen Marshall, Museum Director. The Mayor explained that Council has reviewed the Anacortes Museum directional signage proposal during a recent Study Session. Ms. Marshall then briefly described the size, material, color, and location of the six proposed signs (three signs will be for the W.T. Preston). The Engineering and Maintenance departments will be working with the Museum on the installation of the signs. Additionally, the Engineering department will investigate State regulations regarding signage on Highway 20. After discussion, Mr. Sizemore moved, seconded by Mrs. Robinette to approve the low bid of $73.00 per sign (six signs) from Newman Industries. Mayor Maxwell explained that approval of these signs is a Council policy decision provided for in the Anacortes Zoning Code. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Approval of Vouchers Mr. Carlisle moved, seconded by Mr. Rock that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on October 22, 1998 and October 29, 1998 be approved for payment as of this date, November 2, 1998. Council vote was unanimous. Claims Warrants Nov, 1998: Warrant Numbers 001 through 170 in the total amount of $667,907.67 Draw Pavroll Oct, 1998: Warrant Numbers 13201 through 13265 in the total amount of $33,090.43 1421 November 2, 1998 - continued 1998 Budget Amendment - Ordinance Mr. George Khtaian, Finance Director, presented the quarterly Budget amendment Ordinance to Council for review and approval. Mr. Khtaian pointed out that three funds are to be amended; General Fund (001), Water Fund (401), and Data Processing/Network Fund (504). With that, Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance No. 2476 amending an Ordinance adopting the budget for the year 1998. Mrs. Robinette asked that at the time of the review of the fourth quarter amendments the Council be provided a recap of all budget amendments for the year. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. 1999 Prooertv Tax Resolutions Mr. George Khtaian, Finance Director, presented two Resolutions to Council for review and approval. The Resolutions would: (1) set the City's 1999 regulatory limit factor for the regular levy, and (2) set the City's 1999 regular levy rate. Mr. Khtaian first explained the recent change in the Budget preparation schedule. He reported that late in the budget process the City received notice from Skagit County alerting the City of a November 15th deadline date — an earlier deadline than in previous years. In order to present the necessary information to Council Mr. Khtaian passed out data highlighting the General Fund increases and anticipated revenues. The proposed 1999 levy amount . is a 6.0 percentage increase from the previous year. Questions came from Council regarding fund balance/fund transfers, allocation of property taxes, timing of budget process. Expressing opposition to the Resolution language, Mr. Carlisle moved to reject consideration of the levy rate. Motion died for a lack of a second. Mrs. Robinette suggested that the Resolution language be edited so that a vote could be taken before the end of this evening's meeting. Mr. Sizemore then emphasized the urgency of moving forward on this issue. With that Mr. Sizemore moved, seconded by Mr. Christiansen, to continue this matter to Monday, November 9, 1998, with revised levy Resolutions for Council review and approval. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Urban Renewal Land Sales (2) Mr. Ian Munce, Planning Director, presented two Sales Agreements, with Whispering Winds and with Mr. Bill Wooding, for property in the Urban Renewal Area. Mr. Munce provided an overhead display showing the location of the 160,000 square foot upland property sites. Mr. Munce reviewed the costs involved in installing improvements to this property including development of 33`d Court from "V" Place and installation of a cul-de-sac. Mr. Munce said that these improvements opened up access to the property, which can then be short platted. Mr. Munce then discussed the proposed financial packages. He then introduced Ms. Christofersen of Whispering Winds. Ms. Christofersen described the Whispering Winds business/building expansion and growth from 24 to 70 employees. They have growing international sales and are committed to being a positive part of the community. Ms. Christofersen then introduced Mr. and Mrs. Koffron, two of her three partners in Whispering Winds. Mrs. Robinette reminded Ms. Christofersen that a rail corridor exists at this location. Mr. Petrish brought up the issues of landscaping and suggested that the landscaping requirements be part of the Wooding contract. With the landscaping issue addressed, Mr. Sizemore moved, seconded by Mr. Carlisle, that Resolution No. 1484, authorizing a sales agreement between the City and Whispering Winds, and Resolution No. 1485, authorizing a sales agreement between the City and Mr. Bill Wooding be adopted. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. South Dock Decision Criteria Mr. Ian Munce, Planning Director, presented this item to Council. By way of background, Mr. Munce explained that MJB Properties has proposed a marina -type facility at the fill property north of 30th street. This property is owned by State and managed by the Department of Natural Resources (DNR). Subsequently, the Port of Anacortes expressed an interest in this same piece of property. DNR may be looking to the City for criteria that will assist DNR in their decision making process. The Mayor said that MJB will be making a presentation to Council on the 9th of November and the Port of Anacortes will on the 14t of December. Mr. Munce discussed the larger issue - what would the City like to see happen at this location and should that same criteria be included in the Fidalgo Bay Plan. On a suggestion from Mrs. Robinette, Mr. Munce will research existing DNR criteria. Mr. Carlisle suggested both MJB and the Port make side-by-side presentations on either date. Mrs. Robinette moved, seconded by Mr. Christiansen, to hear the MJB proposal on the 9th of November and the Port of Anacortes on the 14th of December. Further, Council work will begin on the criteria and parameters for the use of this property. Vote: Ayes — Sizemore, Christiansen, Robinette, and Rock. No — Petrish, Brown, and Carlisle. Motion carried. November 2, 1998 - continued Solid Waste Containers Mr. Jim Pemberton, Director of Public Works, presented this item to Council. Referencing an October 16, 1998 memorandum from Mr. Doug Terry entitled "Sanitation Container Purchase", Mr. Pemberton described the shortage and need for containers now faced by Public Works department. Discussion followed regarding the financial impact of the purchase of the containers. On a question from Council, Mr. Pemberton said that the purchase is necessary primarily due to the safety issues. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to authorize the purchase of replacement containers for the converted 1-'h yard containers currently in service. Mr. Carlisle encouraged Council to vote no on this motion when 1999 expenses may need to be reduced. Mrs. Robinette suggested that an emergency situation does not exist. Mr. Terry pointed out that there are no containers available for customers who have requested them. Vote: Ayes — Sizemore, Brown, Christiansen, Rock, and Petrish. No — Robinette, Carlisle. Motion carried. Executive Session (20 Minutes) At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss a possible land transaction. At approximately 9:20 p.m. the Council reconvened and without taking any further action continued this meeting to Monday, November 9, 1998 at 7:30 p.m. G e KPi 1423 November 16, 1998 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 16, 1998 to order. 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. Christiansen moved, seconded by Mr. Rock, that the minutes of November 2, 1998 and November 9, 1998 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings Mr. Robert M. Tull introduced himself as an attorney representing property owners, business people, and citizens interested in the development issues of the Fidalgo Bay Plan. Mr. Tull then submitted a November 16th letter outlining his thoughts on both Council vision for the Fidalgo Bay Plan as well as thoughts on how to structure preparation of development regulation language. Mayor/Council Communication There were no Mayor/Council communications on matters not on the agenda. Revisions to Alternative 1 A — Fidalgo Bav Plan Mr. Ian Munce, Planning Director, introduced the current revisions to Alternative 1 A of the Fidalgo Bay Plan. Mr. Munce highlighted the two significant modifications: insertion of a CM 1 zone of less intense activity than the manufacturing and shipping zone. This change would provide for a buffer for the residential low-density adjacent zone. This CM 1 zone would include a height limitation of 30 feet. The second modification is to revise the Industrial District permitted use language relative to grocery stores. After Council's decision on these revisions, the Alternative 1 A revision would be mailed to state agencies. Additionally a supplemental environmental impact statement would be issued including Alternative 1 A thereby giving the public and agencies a 60 -day review period. Mr. Christiansen briefly responded to Mr. Tull's observations outlined in his November 16th letter. Mr. Christiansen then moved, seconded by Mr. Carlisle to strike all grocery store language from the Permitted Uses section of the Industrial District Chapter. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Mr. Carlisle then moved, seconded by Mr. Petrish to remove movie theaters from the Permitted Use section of the Industrial District Chapter. Mrs. Robinette spoke against the motion. Mr. Carlisle emphasized preservation of the Industrial Zone for industrial uses. The Mayor pointed out that the public has been informed that movie theaters are allowed in zones other than Manufacturing and Shipping. Other Council members spoke against the motion. Vote: Ayes — Carlisle, Petrish. — Brown, Christiansen, Robinette, Rock, and Sizemore. Motion failed. Mrs. Robinette moved that reference to restaurants, Conditional Use Section, Industrial District read, "...restaurants in connection with a marina,... ". Vote: Ayes — Christiansen, Robinette, Carlisle, Petrish, and Brown. No — Rock,. Sizemore. Motion carried. Mr. Rock moved, seconded by Mr. Sizemore, to approve amending the map to add the Cap Sante area CM 1 Zone and to add the 30' height limitation to the text. Mr. Carlisle opposed the motion referring to the action as spot zoning and he suggested that the Port could take this action. Mrs. Robinette pointed out that the proposed zone change reflects Port action to develop a buffer area. Vote: Ayes — Robinette, Rock, Sizemore, Brown, and Christiansen. No — Carlisle, Petrish. Motion carried. Mr. Carlisle moved to remove movie theaters from the Permitted Uses section of the Commercial Marine Zone. Motion died for a lack of a second. Mr. Carlisle then moved to remove movie theaters from the Permitted Use section of the CM 1 Zone. Motion died for a lack of a second. Accept Proposal: Electrical Service/Yard Storage Shed Addition - WTP Mr. Ed Capasso, Water Treatment Plant Manager, presented a request to Council to accept the low bid of $5,100 from Ackermann Electric for completion of electrical work for the Yard Storage Shed at the Water Treatment Plant. Mr. Carlisle moved, seconded by Mr. Rock, to accept the Ackermann bid. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Accept Proposal: Refinish Chemical Storage Room Floor - WTP Mr. Ed Capasso, Water Treatment Plant Manager, presented a request for Council to approve expenditures to coat the floor in the Chemical Storage Room. Mr. Carlisle moved, seconded by Mr. Brown, to approve the quote from Stonhard, Inc. for purchase of the epoxy coating for the November 16, 1998 - continued Water Treatment Plant Chemical Storage room floor. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Approval: Architect Contract for Police/Court Facility Mr. Steve Mansfield, City Attorney, presented the Contract between the City and the architect for the police/court shared facility at 24th Street and "M" Avenue. The Contract is before Council for review and approval. Mr. Mansfield first emphasized that the Schematic Design phase is a part of the contract language. Mr. Carlisle moved, seconded by Mr. Brown, to approve the Agreement between the City of Anacortes and Marc L. Estvold Architect, Inc., PS, AIA, for the construction of a shared police/courts facility at 24th and M Avenue. On a question from Mr. Christiansen, Mr. Estvold explained that the fee schedule is based on complexity of design issues versus safety issues. Mrs. Robinette asked that language be added to see schematic design documents before decision on the court facility, etc. It was clarified that this language does appear in the contract. Mr. Carlisle questioned the need for a court facility. Mr. Christiansen and Mr. Brown spoke in favor of the combined facility. Mr. Petrish hoped that the building design would allow for the growth of the community. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Sunset Cove: Public Access Mr. Ian Munce, Planning Director, presented a proposal submitted by the developers of the Sunset Cove Planned Unit Development. Mr. Munce explained that the property is in the process of being sold and that the new owners will come back to the City with a new development design. It is anticipated that the new design will address many of the Planning Commission, Council and neighborhood issues raised during the original hearings on this project. In the process of developing this new design it was discovered that the City owns a triangular piece of property, without access, adjacent to a proposed cabana style barbecue/picnic area. The proponent has offered a property trade that would give the entire beach and tideland area they own to the north to the City. If this transaction were agreed to easements would be retained over the triangular piece of property and stairs that provide access to the shoreline and beach area. The details of the proposal are outlined in a November 9, 1998 memorandum from Mr. Munce to the Mayor and City Council. Mr. Munce recommended that the trade be accepted as proposed provided that the transaction would not close until the final plat for Sunset Cove is constructed, accepted by the City, and recorded. Mr. Petrish asked if the Council could be provided an aerial photograph. Mr. Carlisle spoke in favor of the proposal. Mrs. Robinette asked about the financial equity of the trade. Mr. Christiansen moved, seconded by Rock, to table this matter for two weeks. Then Mr. Munce also referenced a letter submitted by Mr. Ross O. Barnes suggesting that the City wait for a better proposal. Vote: Ayes — Sizemore, Christiansen, Robinette, Rock, and Petrish. No — Carlisle, Brown. Motion carried. Appointment of Tourism Fund Selection Committee Mr. Ian Munce, Planning Director, introduced this item by explaining proposals have been received for the annual awarding of 2% Tourism Funds grants. These grants are to be included in the Budget. The next step in the process as per Council policy is to appoint a Tourism Fund Selection Committee. Discussion followed regarding solicitation of proposals. Mr. Petrish, Mr. Sizemore, and Mr. Brown will serve on this committee. Based on Council concerns, the time period to accept applications has been reopened until November 30th at 5:00 p.m. Selection of Contractor to Televise Public Meetings Mr. Ian Munce, Planning Director, presented this item to Council. Notice was published seeking proposals for the televising public meetings. The proposal from the Anacortes School of Film and Television declined to manage the regular meetings of the Council and Commission but asked to be involved in other programming on the public access channel. The second proposal was from Tony Kubena. Copies of Mr. Kubena's proposal were forwarded to the Council, and staff recommends that a contract be developed by and between the City and Mr. Tony Kubena for the period January 1 through June 30, 1999 to televise public meetings. Mr. Sizemore so moved, seconded by Mr. Brown. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Lions Club Christmas Parade Mr. Jim Pemberton, Director of Public Works, presented two street closure requests. The first is from the Anacortes Lions Club for December 12, 1998. The closure would be for one hour from 2nd and Commercial south to 9th and Commercial, west on 9th to O Avenue and from 9th and O to Causland Park. Further, the Club has asked that the route be signed for no parking and that police escort be provided. Staff comment on this proposal included a request that a Lions Club representative pick up posts and return signs to the City Shop after the event. Mr. Carlisle 1425 November 16, 1998 - continued moved, seconded by Mr. Sizemore, to approve the Christmas Parade closure as requested with the proviso that the Lions Club pick up and return posts to the City Maintenance Facility. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. The second request comes from the Chamber of Commerce to close the intersection of 9th and Commercial on December 4th from 5:30 p.m. to 7:00 p.m. for the Christmas Tree lighting ceremony. This would include closures of the street from the alley between 7th and 8th Streets to the alley between 8th and 9th Streets. Mr. Pemberton explained that there will be more activity at this event necessitating the closure. The Mayor discussed the availability of barricades and public safety support during this activity. With that Mr. Christiansen moved, seconded by Mr. Brown, to approve the Chamber of Commerce closure request. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Approval of Vouchers 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 November 5, 1998 and November 12, 1999 be approved for payment as of this date, November 16, 1998. Council vote was unanimous. Claims Warrants Nov, 1998: Warrant Numbers 171 through 368 in the total amount of $265,614.19 Prewritten Claims Oct, 1998: Warrant Numbers 56487-56492, 56709-56711 in the total amount of $11,247.09 Payroll Oct, 1998: Warrant Numbers 13266 through 13412 in the total amount of $360,626.77 Adiournment There being no further business, the Mayor adjourned the meeting at 9:15 p.m. Ge e K aian, City Clerk -Treasurer `-I/'A" _ -Z/�� H. bean Maxwell, MaY'r /6f-d-il Cmember December 7, 1999 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of December 7, 1998 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Jeanne Robinette, and Bud Rock. Terry Christiansen was absent. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Sizemore, that the minutes of November 16, 1998 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings There were no citizens present who wished to testify on matters not on the agenda. Mavor/Council Communication Mrs. Robinette requested that a Council member attend the Library Board meeting of December 10, 1998. The Mayor reported that Mr. Christiansen would be attending this meeting. Mr. Sizemore asked that Council discuss what effect the December 12th Christmas parade street closure might have on local businesses. Mr. Sizemore pointed out that this "no parking along parade route" street closure will occur during holiday shopping business hours. Lengthy discussion followed whether to use of ticketing or towing as the punitive measure for non - removal of vehicles on this parade route. Police Chief King discussed procedures for towing and for posting citations. The Council voted to authorize citing of vehicles. Vote: Ayes — Sizemore, Brown, Robinette, Rock, and Petrish. No — Carlisle. Motion carried. Consider Accepting WWTP Outfall Repair Mr. Sizemore moved, seconded by Mr. Brown, to accept the Wastewater Treatment Plant outfall lining project as complete. Mr. Jim Pemberton, Director of Public Works, and Mr. John Franz, Plant Manager, provided both background material and answers to questions from Council. The purpose of the project was to eliminate leaks.by inserting a high-density polyethylene pipe down the existing pipe. The improvements are complete and staff recommends that Council accept the project as complete thereby initiating the 30 -day lien period. If no liens are filed the retainage now held will be released to the contractor. Vote: Ayes — Brown, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Completion of Aeration Basin Coating Proiect — Wastewater Treatment Plant Mrs. Robinette moved, seconded by Mr. Brown, to accept the aeration basin coating project as complete. The purpose of the project was to eliminate leaks/erosion in the aeration basin concrete walls by the application of a coal tar epoxy to protect the concrete interior walls of the aeration basins. Mr. Franz described the conditions caused by the cracks/leaks in the wall. The improvements are complete and staff recommends that Council accept the project as complete thereby initiating the 30 -day lien period. If no liens are filed the retainage now held will be released to the contractor. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Completion of 32nd Street Sewer Proiect at H Avenue Mr. Brown moved, seconded by Mr. Sizemore, to accept the 32nd Street sewer improvement project as complete. The purpose of the project was to divert sewage flows out of the line in H -J Avenues with an improved sewer line condition at J Avenue. The improvements are complete and staff recommends that Council accept the project as complete thereby initiating the 30 -day lien period. If no liens are filed the retainage now held will be released to the contractor. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, and Robinette. Motion carried. Consider Quotes: 36" Waterline in Swinomish Channel Mr. Jim Pemberton, Public Works Director, presented bid results for covering the exposed 36 - inch water transmission line located in the Swinomish Channel. The low bid was received from Culbertonson Marine Construction, Anacortes in the amount of $22,000.00 not including sales tax. Mr. Pemberton pointed out that additional costs may be necessary for underwater inspection and additional rock to protect the pipe. With that, Mr. Sizemore moved, seconded by Mr. Brown, to accept the Culbertson Marine Construction bid. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Robinette, and Rock. Motion carried. Sunset Cove: Public Access Mayor Maxwell referenced a proposal presented by the Planning Director, Mr. Ian Munce, at the November 16, 1998 Council meeting. The proposal was submitted by the developers of the Sunset Cove Planned Unit Development to trade a City -owned triangular piece of property (without access) in exchange for beach and tideland area. At the November 16th meeting Council voted for a two-week delay so that they could review aerial photographs of the property in question. Mrs. Robinette offered, as an alternative suggestion, to tunnel under the driveway at the Harker property to the rail right-of-way on the other side. Originally submitted to the City 1427 December 7, 1998 -- continued by Tommy Thompson in the late 60's, this alternative was suggested in place of the stairway proposal. Mr. Sizemore moved, seconded by Mr. Petrish to table this issue for two weeks. Vote: Ayes — Petrish, Sizemore, Brown, Robinette, and Rock. No — Carlisle. Motion carried. Completion of Public Works Contract: Filter Media Replacement WTP Mr. Carlisle moved, seconded by Mr. Sizemore, to accept the Water Treatment Plant Filter Media Project, Filters # 3 and # 5 as complete. The project included the relocation of the existing blower and the installation of approximately 125 feet of 6" air duct. This Council begins the mandatory 30 -day lien'period. If no liens are filed the retainage now held will be released to the contractor, Sheldrup Construction. Vote: Ayes — Sizemore, Brown, Robinette, Rock, Carlisle, and Petrish. Motion carried. Final Plat —The Meadows Mr. Steve Mansfield, City Attorney, presented this item to Council. Mr. Mansfield explained that the Final Plat of the Meadows is now before Council for approval. The purpose of final plat approval is to determine whether or not the final plat substantially complies with the Preliminary Plat approval. This is the case for the Meadows. Mr. Mansfield referenced a dispute between the Rock Ridge Development and the Meadows regarding the detention facility. However, Mr. Mansfield explained that this was not an issue to be addressed by Council during the Final Plat approval deliberations. The Engineering department has determined that the final plat is ready for approval subject to a $2,000 bond for remaining items to be completed. Mr. Brown moved, seconded by Mr. Sizemore, to approve the bond together with the Final Plat of The Meadows. Vote: Ayes — Brown, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Consent Agenda Mr. Carlisle moved, seconded by Mr. Brown, that the following Consent Agenda items be approved. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Approval of Vouchers 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 25, 1998 and December 3, 1998 be approved for payment as of this date, December 7, 1998. Council vote was unanimous. Claims Warrants Dec, 1998: Warrant Numbers 0369 through 0642 in the total amount of $393,089.17 Prewritten Claims Nov, 1998: Warrant Numbers 56712 through 56720 in the total amount of $280,615.68 Payroll Nov, 1998: Warrant Numbers 13479 through 13621 in the total amount of $307,640.67 Draw Payroll Nov, 1998: Warrant Numbers 13415 through 13478 in the total amount of $32,294.66 Council cancelled Claims Warrant No. 13 in the amount of $150.00 Public Hearing: 1999 Budget Mayor Maxwell opened the Public Hearing to review and take comments on the 1999 Budget for the City of Anacortes. Mayor Maxwell first summarized City activities in 1998 and outlined the significant capital projects and equipment purchases in 1999. (Details of the Mayor's Summary are contained in a December 2, 1998 memorandum to the City Council.) The Mayor then opened the meeting for public comment. Mr. Eric Rasmussen, commander of the local VFW Post, speaking on behalf of all veterans groups read from a letter requesting that specific funds be budgeted for the year-round maintenance of Causland Park. Mr. Rasmussen then read a list of suggestions to reduce vandalism at the Park. Thanking Mr. Rasmussen for his comments, Mayor Maxwell explained that at the encouragement of Councilman Petrish, in 1999 the City will focused time and money on the maintenance of Causland Park. Mr. Gary Robinson, Park Director, expressed appreciation for the support and volunteer efforts from the veterans groups. Mr. Robinson proposed a meeting with the veterans groups to meet and discuss the list of projects. Mr. Petrish discussed the use of a private contractor to maintain Causland Park. Mr. Petrish then thanked the veterans for their participation in making this country a better and safer place to live. Mrs. Robinette discussed the need for a volunteer to help with the park knowledgeable in the maintenance of trees. Mr. John Olson, 1710 24th Court, explained that maintenance and vandalism are the main issues regarding the park, and that volunteer help may not be the answer. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Carlisle spoke in favor of a private contractor to maintaining Causland Memorial Park. Mr. Carlisle then moved to take $25,000 from the Park Department budget to be used for Causland Memorial Park. Motion died for a lack of a second. Mr. Rock speaking against the 4.2 million set aside for the public safety building suggested a figure of 3 million. In response to questions December 7, 1998 -- continued from Council, the City Attorney explained that the salary schedule for the Mayor can be discussed and voted on at the 14t' of December meeting and Council can go forward with adoption of the Budget at this meeting. Mr. Carlisle moved, seconded by Mr. Petrish, to table the adoption of the 1999 Budget until December 14, 1998. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, and Robinette. Motion carried. U.S. West Riaht of Wav Use Aareement/Resolution Mayor Maxwell introduced the U.S. West right of Way Agreement and Resolution and announced that no action would be taken on this issue at this meeting. Mr. Steve Mansfield, City Attorney, explained that under the appropriate RCW a franchise agreement shall be introduced at one meeting and reviewed and discussed at a subsequent meeting. Mr. Carlisle moved, seconded by Mr. Brown, to act on this item at the next Council meeting. Mr. Mansfield clarified that this is a non-exclusive franchise and does not prohibit any other competing companies from utilizing portions of the right of way for cell phone communication devices. Vote: Ayes -- Carlisle, Petrish, Sizemore, Brown, Robinette, and Rock. Motion carried. Resolution: Amendina Water Contract/City of Anacortes and Tesoro Northwest Mr. Rock moved, seconded by Mr. Carlisle, to adopt Resolution No. 1488 entitled "A Resolution Authorizing Execution of an Amendment to Water Contract by and Between the City of Anacortes and Tesoro Northwest". Vote: Ayes — Petrish, Sizemore, Brown, Robinette, Rock, and Carlisle. Motion carried. Award Bid: Truck Mounted Highwav Safetv Siqn Mr. Jim Pemberton, Director of Public Works, presented a request to Council to authorize the purchase of a highway type vehicle mounted message display. Mr. Sizemore moved, seconded by Mr. Brown, to purchase the reader board sign from Intelicom, Inc. in the amount of $11,508.73. Vote: Ayes —Sizemore, Brown, Robinette, Rock, Carlisle, and Petrish. Motion carried. At approximately 9:15 p.m. Mayor Maxwell continued the meeting to Monday, December 14, 1998 at 7:30 p.m. for the purpose of considering an Interfocal Agreement with Fire District # 13. —Al Ae� 7&46tel o e Kh ian, City Clerk Treasurer H. Dean Maxwell, Mayo1' r Councilmember 1429 Continued Meeting December 7, 1998 -- December 14, 1998 Mayor Maxwell called the meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, and Ken Brown. Absent: Bill Carlisle. The Council discussed a possible Interlocal Agreement with Fire District #13. The Planning Director, Mr. Ian Munce, summarized the discussions that had led up to this proposal from Fire District #13. Mr. Munce added that after discussion with affected departments Mayor Maxwell was recommending approval of this Interlocal Agreement as proposed by Fire District #13. Mr. Sizemore then moved that the City Council authorize Mayor Maxwell to enter into the Interlocal Agreement with Fire District #13. The motion was seconded by Mr. Rock. Vote: Ayes — Rock, Petrish, Robinette, Christiansen, Sizemore, and Brown. The motion carried. Continuing their budget deliberations, the Council considered an Ordinance that would adopt the 1999 Budget as presented following public hearing and Council preliminary deliberations. Mr. Christiansen moved that Ordinance No. 2477 entitled "An Ordinance Adopting the Budget for All Municipal Purposes and Uses for the Year 1999" be adopted. The motion was seconded by Mr. Sizemore. Mr. Rock moved that Item #354 (Public Safety Building) be reduced from $4.2 to $3.0 million. The amendment was seconded by Ms. Robinette. Vote: Ayes — Rock, Robinette. No — Petrish, Christiansen, Sizemore, and Brown. The motion failed. The Council then voted on the Ordinance itself. Vote: Ayes — Petrish, Robinette, Christiansen, Sizemore, and Brown. No —Rock. Mayor Maxwell left the room for the discussion on the Mayor's salary. Mayor Pro -Tem Christiansen chaired the meeting. Discussion first focused on a Resolution establishing "A Mayor's Salary Policy". Ms. Robinette moved to table this Resolution until there was a better opportunity to have a discussion over the methodology employed and the policy implications. The motion was seconded by Mr. Rock. Vote: Ayes — Rock, Robinette, and Petrish. No — Christiansen, Sizemore, and Brown. The motion failed. Mr. Sizemore then moved that Resolution No. 1489 entitled "A Resolution Establishing a Policy for Determining the Salary Level for the Mayor of the City of Anacortes" be passed. The motion was seconded by Mr. Brown. Vote: Ayes — Petrish, Christiansen, Sizemore, and Brown. No — Rock and Robinette. The Council then discussed an Ordinance establishing the Mayor's salary for 1999. After discussion, Mr. Sizemore moved that the Ordinance No. 2478 entitled "An Ordinance Establishing a Compensation Plan for the Mayor of the City of Anacortes and Repealing Ordinance No. 2445, Passed and Approved on the 15th Day of December, 1997" be adopted. The motion was seconded by Mr. Petrish. Vote: Ayes — Petrish, Christiansen, Sizemore, and Brown. No — Robinette and Rock. The meeting adjourned at approximately 8:30 p.m. G eKh aian, City Clerk Treasurer H. Dean Maxwell, M or G`ouncilmember December 21, 1998 Mayor Maxwell called the 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 Approval of Minutes The Minutes of the December 7 and December 14 meetings were approved on a motion by Councilman Petrish, seconded by Councilman Rock with the following corrections in the December 7 meeting Minutes: In paragraph five, relative to the December 12 Christmas Parade, the reference in the draft Minutes to "a parade route" was changed to read "this parade route"; on page three, paragraph four, the $2500 figure was corrected to read $25,000; and the references in this same paragraph to "Causland Park" were corrected to read "Causland Memorial Park". Councilman Christiansen abstained in the approval of the Minutes of the December 7 meeting and Councilman Carlisle abstained as to the Minutes of the December 14 meeting. Citizen Hearings There were no citizen comments under the "Citizen Hearings" agenda item. Mavor/Council Communication Mayor Maxwell commended Rebecca Fox for her work at the Wastewater Treatment Plant, work that had been acknowledged and appreciated by the Washington State Department of Ecology. Riqht-of-Wa)f Agreement with US West Under Unfinished Business, Ian Munce, Assistant City Attorney, introduced a Resolution authorizing a right-of-way use agreement with US West. Mr. Munce explained that this proposal was submitted as a follow on to the recently adopted City Telecommunications Ordinance. US West's proposal was to provide cellular service within the Anacortes City limits using a three- foot addition to some existing power poles. Additionally, the base unit for these extensions would be located on the power pole itself. Mr. Munce concluded by stating that the proposed agreement represented a means of providing cellular phone service with a minimum of aesthetic impacts (when contrasted with a stand alone cell tower or the addition of major antenna structures to existing buildings). After discussion, Mr. Carlisle moved that the Resolution No. 1490, entitled "A Resolution Authorizing a Right -of -Way Use Agreement for US West" be adopted. The motion was seconded by Mr. Rock, and passed unanimously. Proposed Land Exchanqe at Sunset Cove The Council then took up the issue of a proposed land exchange at Sunset Cove, north of Washington Park. Mr. Munce explained that the proposal was to exchange a City owned upland parcel for a waterfront trail area and associated beach. Mr. Carlisle moved that the City accept the proposal in concept. The motion was seconded by Mr. Petrish, and passed unanimously. It was noted that a new design for the Sunset Cove project would now go to the Planning Commission for their approval. Then, if and when this approval was secured the Council would be asked to finalize the land trade in a form of a Resolution that would authorize and direct the land transfer once the associated physical improvements were actually constructed. Acceptance of "M" Avenue Waterline Proiect Mr. Jim Pemberton, Director of Public Works, then introduced a December 14, 1998 memorandum from Mr. Gordon Bruchner, of the City Engineering Department, recommending that the City accept the completed work in the "M" Avenue waterline project. It was noted that acceptance would set in motion the required lien advertisement process and that if no valid liens were received within the 45 day period the retainage moneys would be paid to the contractor, Lake Erie Trucking. Mr. Christiansen moved that the City accept this waterline project. The motion was seconded by Mr. Brown and passed unanimously. Street Tree Advisory Committee The City Parks Director, Mr. Gary Robinson, then introduced "A Resolution Establishing a Street Tree Advisory Committee to Advise the Mayor and Council of the City of Anacortes on All Matters Relating to Trees in Public Rights -of -Way." After reviewing in detail how this committee would operate, Mr. Christiansen moved that Resolution No. 1491 be adopted. The motion was seconded by Mr. Rock and passed unanimously. Conservation Easement Proaram Finally, under Unfinished Business, the Council discussed the Forest Board's recommendation for the Conversation Easement program. Mr. Robinson introduced a December 16, 1998 14 3 1 December 21, 1998 -- continued memorandum presenting the background to this proposal together with a Resolution entitled, "A Resolution Adopting the Anacortes Community Forestlands Conservation Easement Program and Designating an Area within the Anacortes Community Forestlands to be Subject to the Program." Under discussion, the Council reviewed a proposal from Councilmember Robinette that would designate an area adjacent to Heart Lake as the first area to be subject to the program. After discussion, Mr. Christiansen moved that the Resolution be adopted with the first hundred acres or so being in the area identified by Ms. Robinette and the second hundred or so acres identified in the location proposed by the Forest Board. Mr. Rock seconded the motion. Vote: Ayes — Rock, Robinette, Christiansen, and Brown. No — Petrish. Abstain — Carlisle. Consent Aaenda The Council removed the proposed 4t" Quarter Amendments to the 1998 Budget from this Consent Agenda. Mr. Carlisle moved that the balance of the Consent Agenda be approved. The motion was seconded by Mr. Brown and passed unanimously. Voucher Approval: The following vouchers/warrants were audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 10, 1998 and December 17, 1998 for payment at of this date, December 21, 1998. Claims Warrants/December: #643 through #838 in the amount of $299,411.38. Mid -Month Payroll Warrants/December: #13622 through #13682 in the amount of $31,636.73. Payroll Warrant Cancellation: #13487 in the amount of $24.83. Approval of 1998 Budaet Amendment The Council then reviewed in detail the proposed "Ordinance Amending Ordinance No. 2442 Approved and Adopted on December 1, 1997 and Entitled 'An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 1998"'. Once a number of questions were answered, Ms. Robinette moved that the Ordinance No. 2479 be adopted. The motion was seconded by Mr. Carlisle and passed unanimously. Final Plat — Forest Hills Planned Unit Development Under New Business, the Council reviewed the final plat for the Forest Hills planned unit development. It was noted that the City Engineer had recommended acceptance of the final plat subject to a bond, or equivalent arrangement, being put in place for the amount of $12,500. Further, the Planning Commission voted to recommend approval of this PUD subject to the $12,500 bond being posted. Under discussion, Mr. Christiansen expressed his opposition to the PUD Ordinance being utilized in the way that it was to create this project. Mr. Carlisle moved that the final plat be accepted subject to a $12,500 bond being posted to cover completion of items including the sidewalk along 41st Street and the following note added to the subdivision map: "The trail easements are for the benefit of the Forest Hills, Parkside, and Westwood PUDs." The motion was seconded by Mr. Petrish. Vote: Ayes — Rock, Robinette, Petrish, Brown, and Carlisle. No — Christiansen. Ordinance Amendina SEPA Fee Schedule The Planning Director, Mr. Ian Munce, then introduced an Ordinance establishing a SEPA Fee Schedule. Mr. Munce explained that the section added by the proposed Ordinance to existing Ordinance No. 2471 had inadvertently been omitted. Further, Mr. Munce recommended the adoption of the specific provisions set forth in the Fee Schedule section. Mr. Carlisle moved that Ordinance No. 2480 entitled, "An Ordinance Amending Ordinance No. 2471 Revising the Fee Schedule" be adopted. The motion was seconded by Mr. Brown and passed unanimously. Public Hearina — Development Reaulations and Comprehensive Plan Amendments Mayor Maxwell then opened a public hearing on proposed Development Regulations and Comprehensive Plan Amendments for 1998. Ian Munce, City Planning Director, explained that the proposed changes had been before the City Council in a public hearing setting two months before. Since that time no additional comments were received from state agencies or others. Mr. Munce added that tonight's hearing was an opportunity for any additional comments to be added to the record. There were no such comments. The public hearing was closed. The Mayor and Council then worked through the proposed amendments and directed the Planning Director to incorporate the recommended changes in an Ordinance for action at the next regular Council meeting. 1999 Tourism Fund Allocations Recommendation The Council reviewed the following Tourism Fund recommendations from their Tourism Fund Sub -Committee (Councilmembers Petrish, Sizemore, and Brown): Arts Depot, December 21, 1999 -- continued 3432 Materials/Advertising/Gala, $13,700; Chamber of Commerce, Visitor Information Center, $32,000; Chamber of Commerce, Signs, $6,300; John Curtis, Fireworks Display, $3,000; Museum, Marketing Program, $7,645; Museum, Exhibits, $3,050; Museum of NW Arts, Exhibits, $500; North Cascades Band, Concerts, $500; San Juan Challenge, Race and Expo (advertising only), $1,000; Secret Harbor, Tour of Private Gardens Fundraiser, $500; Sister Cities Association, Town Criers' Competition, $2,200; Skagit Symphony, Concert Weekend, $500; and Tulip Festival Association, Tulip Festival (advertising only), $500. The total amount of recommended allocations for 1999 is $71,295. After discussion, Ms. Robinette moved that the City enter into contracts in the manner recommended by the Tourism Fund Sub -Committee. The motion was seconded by Mr. Christiansen. Vote: Ayes — Rock, Robinette, Christiansen, Brown, and Carlisle. Abstain — Petrish. The Council then adjourned into Executive Session to discuss potential litigation. The Council came out of Executive Session and adjourned without taking further action. /rge7taiar/,Ci1ty Clerk -Treasurer H. Dean Maxwell, M/2(yor Councilmember