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Home My WebLink About1990 City Council MinutesDecember 18, 1989 - continued Agreement by and Between the City of Anacortes and Hydraulic Fishing Supply, Inc. (Condor Corporation)" be adopted and given Resolution No. 1082. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion,carried. Public Hearings - Vacation Petitions - Portions of Baltimore Avenue and A Avenue Mayor Rice opened the Public Hearing to take comments on a request to vacate a portion of Baltimore Avenue. Mr. Dave Ford, Director of Public Works, presented an overhead display and comments from City staff. Mr. Ford further stated that that Baltimore Avenue is not presently developed and no utilities are within the present street right-of-way. Violet Wyatt, petitioner, said she was requesting the vacation so that the highest and best use of the property could be made. Further discussion followed regarding the development of Baltimore and the lots owned by Mrs. Wyatt. Phyllis Oglesbee, 1800 Skyline Way, spoke in favor of the vacation request. There were no further comments and the Mayor declared the Public Hearing closed. The Mayor then opened the Public Hearing on a vacation request also made by Violet Wyatt to vacate a portion of A Avenue and West 4th Street all abutting Mrs. Wyatt's property in Block 107 of Northern Pacific Addition. Mr. Dave Ford, Director of Public Works, explained the potential for non-conformance of an existing house should the vacation be granted and further discussed the divided staff opinions on the granting of these vacation requests. There were no public comments and the Mayor declared the Public Hearing closed. Mr. Jackson moved, seconded by Mrs. Smith, that both vacation requests be denied. Vote: Ayes - Jackson, Lian, Smith, Maxwell. No - Separovich, Brown, Rock. Motion carried. Write -Off of Delinquent Accounts Receivable Mayor Rice presented a listing of both delinquent utility and miscellaneous accounts receivable. Council approval is needed to write off accounts deemed uncollectible after a reasonable period of time and after collection efforts have failed. Mrs. Smith moved, seconded by Mr. Lian, that the write-offs be approved. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance - Amendments to 1989 Budget Mayor Rice presented an Ordinance to Council transferring funds at year end; The Mayor further described each fund amendment. Mr. Jackson moved, seconded by Mr. Separovich that an Ordinance entitled "An Ordinance Amending Ordinance No. 2093, Approved and Adopted on December 5, 1988, and entitled 'An Ordinance Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year 1989"' be adopted and given Ordinance No. 2130. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Mayor Rice announced that the next Council meeting would be held on Tuesday, January 2, 1990. The Mayor further announced that 6 people had purchased trees for the 9th street corridor. Mayor Rice called for willing, capable, energetic people to volunteer for the Anacortes Centennial project. Additionally, the Mayor stated that at the January study session, he would be reviewing the spring clean- up procedures/costs. Executive Session At 8:40 p.m. Mayor Rice announced that the Council would convene in Executive Session to discuss pending litigation. At 9: 10 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. Geor Kht '_an, Ci y Clerk -Treasurer / / James Rice, Mayor January 2, 1990 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Mr. Steve Mansfield, City Attorney, administered the Oath of Office to Mr. Ken Brown, Mr. Tom Lian, Mrs. Helen Smith, Mr. Bud Rock and to Mayor James Rice. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. 933 January 2, 1990 - continued 934 Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Brown, that the minutes of December 18, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings Mr. Ray Separovich read a letter from the Mayor and Council members to Mr. Dan Sherman, Trident Seafoods Corporation. The letter thanked Mr. Sherman for Trident's cooperation during the plant construction phase and Mayor Rice welcomed Trident to Anacortes. Mr. Wally Funk presented four enlarged photographs of early day Anacortes to be displayed in the Council Chambers. Mr. Funk stated that he was looking forward to working further to enhance the preservation of Anacortes history. Mr. Funk also complimented Mr. Bill Mitchell on his mural project. The Mayor expressed his appreciation for Mr. Funk's generosity. Changes in Zoning Ordinance re: Bed & Breakfast Mr. Ian Munce, Planning Director, provided background information on the Public Hearings held before both the Planning Commission and City Council for the purpose of reviewing the Bed & Breakfast Conditional Use section of the Zoning Ordinance. Mr. Munce stated that the modifications include the location of owner's quarters and guest rooms, off-street parking and the addition of an annual review of new permits. Mr. Brown felt that the current Ordinance has value and that Bed & Breakfast establishments are unique enterprises and need to be dealt with on a case by case basis - the current Ordinance allows that flexibility. Mr. Separovich expressed concern for the abutting property owners and recommended that potential applicants understand the regulations before they apply. Mr. Jackson supported control of off-street parking. Mr. Rock supported the changes. Mrs. Smith moved, seconded by Mr. Lian, that Section 17.10.110 of the Zoning Code be amended by the addition of: Item A (5) Owner's quarters and guest rooms should all be in the main building; (6) Off-street parking should be enforced with two spaces for the owner and one for each guest room applied for; Item B to include: The abutting property owners and/or renters shall be notified of the first annual review of new permits and the first annual review of permits following a change of ownership. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance - Add Wetland Protections to Zoning Ordinance Mr. Ian Munce, Planning Director, provided a summary of Planning Commission, Federal and State level efforts to standardize local programs for wetland protections. Discussion followed regarding the continuing State level debate on wetland restrictions. Mr. Munce pointed out that the Ordinance before the Council contained minimal but significant protections. Mr. Maxwell commented on the fairness of the proposed Ordinance. Mr. Separovich supported protection of wetlands. Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance entitled "Nontidal Wetland Protection" be adopted and given Ordinance No. 2131. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Mr. Brown moved that the Planning Commission hold a Public Hearing to discuss amending the PUD Section of the Zoning Ordinance to change the minimum area required for a PUD from 5 acres to 2 acres. Mr. Brown recommended the review in the event a potential PUD site contained a wetland. Mrs. Smith seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Resolution - Amend Property Agreement - Branko Jurkovkich Mayor Rice presented a Resolution to the Council reflecting the amendments to Mr. Jurkovich's Option Property Agreement approved at the January 2, 1990 Council Meeting. Mr. Separovich moved, seconded by Mrs. Smith, that a Resolution entitled "A Resolution Amending Resolution No. 923 dated February 17, 1987 and Resolution No. 1013 dated October 17, 1988 Authorizing a Real Estate Sales Agreement by and between the City of Anacortes and Branko Jurkovich" be adopted and given Resolution No. 1083. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Public Hearing - Conditional Use - Church - 37th & A Avenue Mayor Rice opened the Public Hearing to take comments on a Conditional Use application to construct a church at 37th street and A Avenue. The property is January 2, 1990 - continued zoned Residential Low Density. Mayor Rice reviewed the Planning Commission's recommendation for approval. Mr. Todd Ferguson, 4609 San Juan Avenue, spoke in favor of the project. Mr. Munce reported that there were no comments from the abutting property owners. There were no further comments and the Mayor declared the Public Hearing closed. The proceedings are on tape and filed at City Hall. Mrs. Smith moved, seconded by Mr. Jackson, that the Conditional Use application be approved. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Tulip Festival Request Mayor Rice presented a letter from Jerry Kaufman, Executive Director of the Skagit Valley Tulip Festival, requesting a contribution of $2,000 to help cover costs for the April 1990 festival. Mrs. Smith commended the Tulip Festival for its contribution to this area but felt inclined to support the local Festival project, The Taste of Skagit. Mrs. Smith moved, seconded by Mr. Lian, that the Tulip Festival request for funds be denied. Vote: Ayes - Maxwell, Jackson, Brown, Lian, Smith, Rock. No - Separovich. Motion carried. Resolution Amending Sales Agreement - Hydraulic Fishing Supply Mr. Brown moved, seconded by Mr. Rock, that a Resolution amending the sales agreement between the City of Anacortes and Hydraulic Fishing Supply by extending construction dates, be adopted and given Resolution No. 1084. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Parkside Planned Unit Development Annexation - Set Public Hearing Date Mr. Ian Munce, Planning Director, explained the annexation petition and public hearing process to the Council and audience. Mr. Separovich moved, seconded by Mr. Jackson, that February 20, 1990 be set as the Public Hearing date for the proposed annexation of the Parkside PUD project. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance - Amend PUD Section of Zoning Ordinance Mayor Rice presented an Ordinance to the Council reflecting the proposed changes regarding PUD permitted uses in a residential zone. It was decided to place the matter on the next agenda so the Council could have more time to review the Ordinance. Appointments Mayor Rice appointed Bob Ainsworth, Brad Snyder and Diane Erholm to the Board of Adjustment. Mayor Rice announced that Ginger Houston has volunteered to take charge of the Anacortes Centennial festivities. Mrs. Smith recommended that a letter of thanks be mailed to Wallie Funk for his contribution toward the historical photographic display. Mayor Rice announced that the spring clean-up and the conversion of the ballroom into office space would be discussed at the next study session. Mr. John Prosser asked if the moratorium on Bed & Breakfast applications was now lifted. Mayor Rice explained that it had been lifted with the passing of the Bed & Breakfast amendments. Mayor Pro -Tem Mr. Maxwell nominated Bud Rock as Mayor Pro -Tem. Motion was made and seconded that nominations cease. The Council unanimously approved the nomination. There being no further business, the meeting was adjourned at approximately 8:30 p.m. Geor Kht ian, City Clerk -Treasurer James Rice, Mayor 6 935 936 January 16, 1990 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Lian, that the minutes of January 2, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings Mr. John Colvin, representing the Anacortes Elks organization, requested permission for street closures on September 8, 1990 to accommodate the second annual l0k run. Mr. Colvin also announced that the run will now be called the McClellan Memorial Run. Mr. Steve Mansfield, City Attorney, requested that the route be coordinated with the City's insurance representatives. Additionally, the Mayor asked that after all insurance, fire, police and other considerations have been worked out, that the Elks submit a final route plan to the Council. Mr. Separovich moved that the Council approve street closures for the Elks run on September 8, 1990, subject to all necessary safety, insurance and route approvals. Mr. Jackson seconded the motion. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance - Amendment to PUD Section of Zoning Code Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Amending Section 17.04.0(C) of Ordinance No. 1917, Passed and Approved on the 18th day of July, 1983, and 17.44.030 of the Official Code of the City of Anacortes" be adopted and given Ordinance No. 2132. Vote: Ayes - Brown, Lian, Smith, Rock, Jackson, Separovich. No - Maxwell. Motion carried. Ordinance - Amendment to Bed & Breakfast Section of Zoning Code Mr. Jackson moved, seconded by Mr. Maxwell, that an Ordinance entitled "An Ordinance Amending Section 17.04.12.2(e) of Ordinance No. 1917, Passed and Approved on the 18th day of July, 1983, and Section 7.10.110 of the Official Code of the City of Anacortes, Relating to Bed & Breakfast Establishments." be adopted and given Ordinance No. 2133. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Bid Proposal - 1990 Fire Engine Mayor Rice reviewed the one bid proposal submitted for the purchase of a new fire engine to replace the 1962 American La France currently used by the City of Anacortes Fire Department. The bid was received from Seagrave Fire Apparatus, Clintonville, Wisconsin in the amount of $134,696.92. Mr. Brown moved, seconded by Mrs. Smith, that the bid proposal from Seagrave Fire Apparatus in the amount of $134,696.92 (including tax) be accepted. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Ordinance - Garbage Rate Increase Mayor Rice presented an Ordinance to Council reflecting a garbage rate increase for all monthly can, dumpster and loose yardage charges. The Ordinance will be placed on the February 5th agenda. Public Hearing - Vacation of Portion of C Avenue - Harker The Mayor opened the Public Hearing to take comments on a request to vacate a portion of C Avenue between 31st and 32nd Streets. Mr. Dave Ford, Director of Public Works, presented an overhead showing area to be vacated, discussed department head recommendations for and against the petition and described utility location in right-of-way to be vacated. Mr. Jim Harker, 2218 32nd Street, stated he intended to use the vacated area for his home expansion. There were no further comments and the Mayor declared the Public Hearing closed. Discussion ensued regarding options available to petitioner. Mr. Jackson moved, seconded by Mr. Rock, to vacate the east and west 20 feet of C Avenue between 31st and 32nd Streets, leaving a 40 foot sanitary sewer easement. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Reconsideration of Vacation of Portion of A Avenue - Wyatt Mayor Rice informed the Council that a request had been made to reconsider a vacation request submitted by Violet Wyatt to vacate a portion of A Avenue. On December 18, 1989, the Council voted unanimously to deny this request. Mrs. Smith moved that the Council reconsider previous action taken. Motion was seconded by Mr. Maxwell. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. January 16, 1990 937 Mr. Rock moved, seconded by Mr. Lian, that February 20, 1990 be set as the Public Hearing date to review a Petition to Vacate a portion of A Avenue. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Initial Authorization for Construction Services Mayor Rice reviewed a January 9, 1990 Memorandum submitted to the Council from Dave Ford, Director of Public Works. The memo defines the tasks necessary to begin the bidding process for the Secondary Wastewater Treatment Plant. Mr. Ford is requesting an initial authorization in the amount of $50,000.00 for construction services to begin the bidding process. Mr. Jackson moved, seconded by Mrs. Smith, to approve the request. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson. No - Separovich. Motion carried. Resolution - Agreement between the City and Community Action Agency Mayor Rice presented a Resolution to the Council authorizing execution of a memorandum of agreement between the City of Anacortes and Skagit County Community Action Agency in the amount of $4,140.00. The Mayor discussed the many human services provided by the Agency. Mr. Rock moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution Authorizing and Directing Execution of a Memorandum of Agreement by and between the City of Anacortes and Skagit County Community Action Agency" be adopted and given Resolution No. 1085. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Resolution - Amend Real Estate Agreement - City and William Wooding Mr. Ian Munce, Planning Director, reported on the progress of the Wooding urban renewal construction project and the reasons for the requested time extension. Mr. Brown moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Amending Resolution No. 1027 Passed and Approved on the 6th day of February, 1989 - a Real Estate Purchase Agreement by and between the City of Anacortes and William W. Wooding" be adopted and given Resolution No. 1086. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Ordinance - Forest Land Management Donation Mayor Rice announced that this matter would be deferred until the Forest Advisory Board could meet. Painting of City Hall Mayor Rice asked Mr. Jackson, Mrs. Smith and Mr. Rock to work with Mr. Steve Colby, Director of the Parks Department, in the selection of the color scheme for the painting of City, Hall. The Mayor further asked that the committee members select someone from the community to assist in the selection. Mayor Rice reported on a meeting held with City officials and the Financial Department of the Department of Ecology. A Department of Ecology representative recommended that the citizens of Anacortes write to their legislators expressing concern over the escalating sewer rates. The Mayor announced that the next meeting would be on February 5th. There being no further business, the meeting was adjourned at approximately 8:30 p.m. i Geo e JKhaian, Cit Clerk -Treasurer February 5, 1990 "npv�AQ__ James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Jackson, that the minutes of January 16, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Rock, Maxwell, Jackson. Motion carried. Correspondence - Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Ordinance - Garbage Rate Increase Mayor Rice presented an Ordinance authorizing a garbage rate increase. The Mayor explained that the rate increase would have been greater except for new residential and industrial accounts acquired during 1989. Mr. Brown moved, seconded by Mr. Lian, that an Ordinance entitled "An Ordinance Amending Section 1 of Ordinance No. 2094 dated December 19, 1988," be adopted and given Ordinance No. 2135. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance - Vacation - Harker - Portion of "C" Avenue Mr. Dave Ford, Director of Public Works, explained that discussions were still being held with the parties involved in the vacation. The Mayor then recommended that an Ordinance be prepared for the March 5, 1990 meeting. Requests for Tourism Funds Mayor Rice presented two requests for Tourism Funds from the Hotel/Motel tax revenue. One request came from Mr. Mike Bemis, Head Coach for the Thunderbird Aquatic Club to help improve the meets. Mr. Bemis explained that the 6 swim meets per year attract swimmers and families to Anacortes from all over the state as well as from Victoria, B.C. The second request was presented by Mr. John Olson from the VFW requesting $1,000.00 to cover travel/meal expenses for the Army Band slated to participate in the April 28th Loyalty Day parade. Mr. Separovich moved that the request by the VFW be granted. Motion died for a lack of second. While the Councilmembers agreed that both activities benefit and enhance the community in many ways, the Council was directed by policy to allocate Tourism Funds for capital improvement projects. Resolution - Secondary Sewer Plant Financing Mayor Rice read a Resolution directing the Finance Director and City Attorney to negotiate the proposed terms of an issue of wastewater revenue bonds in an amount of approximately $8,000,000 with Piper, Jaffray & Hopwood, Inc. and to take action as deemed necessary to prepare a proposed plan for financing the capital improvement plan to be presented to the Council. Mrs. Smith moved, seconded by Mr. Jackson that a Resolution entitled "A Resolution of the City of Anacortes Authorizing and Directing City Officials to Proceed with Wastewater Secondary Treatment Financing Plan" be adopted and given Resolution No. 1087. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Ordinance - Urban Renewal Note Mayor Rice presented an Ordinance to Council entitled "An Ordinance of the City of Anacortes, Washington, relating to contracting indebtedness; amending Ordinance No. 1936; authorizing the issuance and sale of limited tax general obligation bond anticipation notes to pay a part of the cost of redeeming the City's outstanding Limited Tax General Obligation Bond Anticipation Notes, 1988, pending the issuance of the limited tax general obligation bonds authorized to be issued by Ordinance No. 1936, as amended, and Ordinance No. 1975; establishing a limited tax general obligation note redemption fund; and approving the sale and providing for the delivery of the notes to security Pacific Securities, Inc., of Seattle, Washington." Mr. Jackson moved, seconded by Mrs. Smith that the Ordinance be adopted and given Ordinance No. 2134. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Claims/Payroll Vouchers for November, December Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, February 5, 1990, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: November: Payroll warrant numbers 14446 through 14731 in the total amount of $287,566.91 and Claims Warrant Numbers 16551 through 16883 in the total amount of $640,029.65. December: Payroll warrant numbers 14732 through 15019 in the total amount of $272,737.42 and Claims Warrant numbers 16836-16837, 16884- 17425 in the total amount of $1,104,586.18. Resolution - Setting Public Hearing Date - Vacation - Boulton Mr. Separovich moved, seconded by Mr. Rock that a Resolution setting March 5, 1990 as the public hearing date to review a petition to vacate an alley between Kellogg and A Avenues be adopted and given Resolution No. 1088. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Water Extension - Mr. Gary VanLuven Mayor Rice presented a request by Mr. Gary VanLuven for permission to extend a waterline in the vicinity of Luza Beach Road to serve his property along SR -20 south of the Campbell Lake Motel. Mr. VanLuven has also asked that a latecomer agreement be authorized so that he might recover part of his costs if future connections are made by abutting property owners. Mr. Jackson moved, seconded by Mr. Lian, that the extension and latecomers agreement request be granted. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Final Approval - Division IV, Phase I - Stittwood Addition Mayor Rice reviewed the background information provided by the Public Works Department with regard to a request by Mr. Stitt that Phase I of Division IV, February 5, 1990 - continued Stittwood Addition, be approved in final form. Phase I consists of 4 lots on the west side of Mitchell Drive. Mr. Brown moved, seconded by Mr. Separovich, that Council approve Phase I, Division IV as a final plat. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Vehicles/Miscellaneous Equipment for Surplus Mayor Rice read a list of items to be declared surplus and to be sold at public auction. Mr. Rock recommended that the 1989 Chevrolet 3/4 pick-up box and 1989 Chevrolet truck step bumper have minimum bids. Mr. Lian moved, seconded by Mr. Brown, that the items listed be declared surplus, with minimum bids placed on the pick-up box and bumper. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Mr. Dave Ford, Director of Public Works, announced that there would be a closed bid method of sale. Mr. Rock requested that the sale be held in March so that sufficient time would be allowed for public notice. Storm Water Plan - Fund Application Mayor Rice informed the Council that match monies may be available through the Centennial Fund for the Department of Ecology. The City is asking for Council's approval to authorize approximately $2,500 to contract with R.W. Beck to prepare an application for Centennial Fund monies for stormwater improvements. Mr. Maxwell moved, seconded by Mr. Jackson, that the request be approved. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Mayor Rice announced the following would be study session agenda items: presentation by the Senior Center, Washington Park activities, use of the ballroom and a request for funds for 4th of July fireworks. The following Council Meeting would be held on February 20, 1990. There being no further business, the meeting was adjourned at approximately 8:35 p.m. Geor/Khtaifan, City Clerk -Treasurer James Rice, Mayo February 20, 1990 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Jackson, that the minutes of February 5, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Secondary Sewer Plant Conditional Use - Findings of Fact Mr. Steve Mansfield, City Attorney, presented a document entitled "Anacortes City Council's Findings of Fact and Conclusions of Law and Decision Thereon on City of Anacortes' Conditional Use Permit to Add an Incinerator to the City's Secondary Sewer Treatment Plant." Mr. Mansfield explained that the Findings are a result of a Public Hearing held by the Council in 1989; Mr. Mansfield was assisted in the preparation of the document by Mr. Ian Munce, Planning Director, and legal counsel. Mr. Ted Parrish, 2215 41st Street and Mr. Clee Richardson, both speaking on behalf of AGHAST, asked Council to delay action so that the attorney for AGHAST could have time to review the document. Mr. Don McKee, 200 Curtis Drive, asked that the public also be given an opportunity to study the material. Mr. Brown moved, seconded by Mrs. Smith, to adopt the Findings of Fact. Mr. Rock moved, seconded by Mr. Separovich, to continue the Council Meeting until Monday, February 26, 1990 and to table the decision until that time. The Council asked for the City Attorney's recommendation. Mr. Mansfield explained that the document recited background information, preambles and information previously presented to 939 QQpp February 20, 1990 - continued the Council. Mr. Mansfield stated that he has reviewed the Findings of Fact and they are consistent with the action taken by Council and are appropriate to the litigation currently pending. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell. 'No - Jackson. Motion carried. Parkside Annexation - Public Hearing Mayor Rice opened the Public Hearing to take comments on a proposal submitted by the Puget Sound Development Company to annex property in the vicinity of Heart Lake and Havekost Road. Mr. Ian Munce, Planning Director, provided an overhead for audience viewing and submitted background information on the annexation process and the recommended zoning designation for the property. Mr. Les Johnson, 1137 Whistle Lake Road, questioning the staff recommendation to support the annexation, expressed concern over the project's significant adverse traffic impact on Havekost Road. Mr. Johnson also objected to the procedure being followed by the City Council, specifically, failure to adhere to Resolution No. 1068, Interim Annexation Policy. Mr. John Prosser, representing Puget sound Development Company, explained that a traffic study had been completed and reviewed by both City and County staff. Mr. Dave Ford, Director of Public Works, confirmed that there were no major traffic problems with what was presented in the report and that the increase in traffic was not detrimental to that particular road system. Mr. Ford further discussed single access/fire safety issues. There were no further comments and the Mayor declared the Public Hearing closed. The proceedings are on tape and filed at City Hall. Mr. Separovich moved, seconded by Mrs. Smith, to accept the proposed annexation, to adopt the Rural Zoning designation and to assume all existing City indebtedness by the area to be annexed. Vote: Ayes - Brown, Lian, Smith, Rock, Jackson, Separovich. No - Maxwell. Motion carried. Shoreline Designations for Lake Erie, Heart Lake and Whistle Lake - Public Hearing Mayor Rice opened the Public Hearing. Mr. Ian Munce, Planning Director, presented an Ordinance to Council that would establish shoreline designations for a portion of Lake Erie, Whistle Lake and Heart Lake, all recently annexed forestland. Mr. Munce explained that this action is necessary in order to conform with Department of Ecology directives relative to amending the Shoreline Master Plan. Mr. Harold Berlin, 1275 Marine Drive, owns the east 580' of Government Lot 8 on Lake Erie. Mr. Berlin stated that the legal description published in the legal notice is inaccurate as it includes a portion of his Government Lot 8 property. Mr. Ross 0. Barnes, 104 Harbor Lane, representing the Friends of the Forest, discussed each of the boundary designations and descriptions. There were no further comments and the Mayor declared the Public Hearing closed. The Council agreed that the issue of the legal description should be addressed and that the matter should be brought to the Planning Commission for recommendation. Relocation of Senior Center Ms. Anne Bradley, Senior Center Coordinator, requested that the Council resolve to make application for a Community Development Block Grant for a building to house both the Senior Center and the Head Start Program. The proposed building would be constructed on property to be donated by the Anacortes School District adjacent to Whitney School on 12th Street and M Avenue. Ms. Bradley further requested that the City designate an individual representing the City who would act as the lead person in developing the application. Mrs. Smith moved, seconded by Mr. Rock, to support the proposed project. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mr. Tim Holloran, Director for Skagit County Senior Services, recommended that a Steering Committee be developed with 3 representatives each from the City, the Senior Center and the School District. Vacation of Portion of A Avenue and Baltimore Avenue - Public Hearing Mayor Rice opened a Public Hearing to enable the Council to reconsider vacation petitions submitted by Violet Wyatt. Mr. Dave Ford, Director of Public Works, provided recommendations to deny the Baltimore Avenue request and recommendations for access alternatives in the A Avenue vacation. Mr. Robert Powell, land surveyor, surveyed the property for Mrs. Wyatt and concurred with the City's findings. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell moved, seconded by Mr. Brown, to deny the petition to vacate a portion of Baltimore Avenue. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Mr. Rock moved, seconded by Mr. Jackson, that the petition to vacate A Avenue lying south of Lots 1 - 6, Block 107, G. Kellogg's Addition be granted. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. February 20, 1990 - continued Public Hearing - Conditional Use - Tri-plex - 1301 D Avenue Mayor Rice opened the Public Hearing to take comments on an application made by Tom Allen to construct a tri-plex at 1301 D Avenue. Mr. Ian Munce,- Planning Director, provided background information, Planning Commission recommendations and overheads showing architectural design and vicinity of the project. Mr. Don White, 2219 12th Street, representing both his views and those, of .his neighbor, Don Sweet, 13th & C Avenue, urged the Council to reject the project as it was inappropriate for the nature of the neighborhood. Mr. Brian Allen, applicant, provided lot size, parking space and design information. Mr. Allen also submitted a petition with 62 signatures in favor of the project. Mr. Kenneth Klaes stated that he has lived at property across from the project site for 35 years and did not want the area changed and opposed the project. Mr. Tom Allen, applicant, further discussed landscaping and fence amenities. There were no further comments and the Mayor declared the Public Hearing closed. Councilmembers dicussed the potential impact of the project. Mr. Jackson moved, seconded by Mr. Brown, to approve the Conditional Use application as submitted. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith. No - Rock. Motion carried. Ordinance - Adopting SEPA Policies Mr. Ian Munce, Planning Director, presented an Ordinance to Council that amends our existing SEPA Ordinance by allowing the City to charge and collect a fee for costs incurred in preparation of the threshold determination for environmental review. Mr. Maxwell moved, seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2136. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Latecomers Agreement - Rogers Sewer Extension Mayor Rice presented a request by Mr. Jim Rodgers of 1211 41st Street, for the Council to authorize a latecomer's agreement so that he might recover a portion of his expenses in extending the sanitary sewer on 41st Street. Mr. Rock moved, seconded by Mr. Separovich, to authorize the latecomer's agreement. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. At approximately 9:30 p.m., Mayor Rice announced that the meeting would be continued to Monday, February 26, 1990. Geo 'K=ht/aianCit Clerk -Treasurer James Rice, Mayor February 26, 1990 - continued meeting of February 20, 1990 Mayor Rice opened the continued meeting of February 20, 1990. All councilmembers were present. Mr. Rock moved, seconded by Mr. Lian, to remove from the table the adoption of Findings of Fact and Conclusions on the City's Conditional Use permit to add an incinerator to the 'City's secondary sewer treatment plant. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Comments were submitted by Mr. Clee Richardson who represented the citizen's group AGHAST. Mr. Peter Buck, of Buck & Gordon, the City's retained attorneys, made two suggested changes which were in fact the changes made. Mayor Rice asked Mr. Brown and Mrs. Smith, who made and seconded the original motion to adopt, if they consented to the changes and they did. The proceedings are on tape and filed as City Hall. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. There being no further business, the meeting was adjourned at 7:50 p.m. � o Geo Kht an,`City Clerk -Treasurer James Rice, Mayor 941 S q 2 March 5, 1990 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Correspondence - Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Ordinance - Vacation of a Portion of C Avenue - Harker Mrs. Smith moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Vacating a Portion of C Avenue Kellogg and Ford Addition to Anacortes." be adopted and given Ordinance No. 2137. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Ordinance - Vacation of Portion of A Avenue - Wyatt Mr. Brown moved, seconded by Mr. Separovich, that an Ordinance entitled "An Ordinance Vacating a Portion of West 4th Street, Alaska Avenue and A Avenue in the Northern Pacific Addition to the City of Anacortes." be adopted and given Ordinance No. 2138. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Public Hearing - Conditional Use - Bed & Breakfast - 1219 10th Street Mayor Rice opened a Public Hearing to take comments on a Conditional Use permit request to conduct a two room Bed & Breakfast at 1219 10th Street. Mayor Rice provided background information, an overhead for audience viewing and Planning Commission recommendation for issuance of the permit. Mr. William Forness, 1219 10th Street, explained the parking he will provide, code improvement progress, and rooms to be used for his guests. There were no further comments and the Mayor declared the Public Hearing closed. After discussion Mr. Maxwell moved that the Conditional Use be granted subject to Public Works department approval of parking arrangements. The motion was seconded by Mr. Jackson. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Public Hearing - Vacation of Alley - 17th St - Boulton Mayor Rice opened the Public Hearing to take comments on a petition by Mr. Albert Boulton of 2517 17th Street to vacate the alley in Block 5, Kellogg Addition to the City of Anacortes. Mayor Rice explained that staff reported that there are no utilities in the alley and the existing topography in that vicinity rendered extension of the alley not feasible; based on these findings, staff recommended that the vacation be approved. Mr. Boulton explained that he needed access across the alley to his building site. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Separovich moved, seconded by Mr. Rock, that the alley vacation be granted. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Resolution - Authorizing Signatures/Grants for Secondary Sewer Treatment Mayor Rice presented a Resolution to Council that would authorize that, in addition to the Mayor's signature, Kenneth Bugbee, City Accountant, David M. Ford, Jr. or Michael M. Foster to sign all requests for reimbursement and submittals to Department of Ecology for reimbursement from Referendum 39 funds, Centennial Grant Funds, and Public Works Trust monies. Mrs. Smith moved, seconded by Mr. Brown, that the Resolution be adopted and given Resolution No. 1089. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Minutes of February 20, 1990 Mr. Jackson moved, seconded by Mr. Brown, that the minutes of February 20, 1990 be approved as if read. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Refuse Container Bids Mayor Rice read the three bids received for 1 1/2, 3 and 6 yard refuse containers. The apparent low bidder is Capital Industries, Inc. of Seattle in the amount of $25,273.78. The price is F.O.B. Anacortes. Mr. Jackson moved, seconded by Mr. Brown that the bid for the containers be awarded to Capital Industries, Inc. of Seattle, WA in the amount of $25,273.78. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Rock, Smith. Motion carried. March 5, 1990 - continued Ordinance - Prohibiting Parking - G Avenue between 7th & 8th Streets Mayor Rice introduced an Ordinance that resulted from a recent Traffic Safety Committee meeting. The Committee considered changing G Avenue between 7th and 8th street from a two-way street to a one-way street southbound. Mayor Rice reported that the abutting property owners have been contacted and are in agreement with the change. Mr. Brown moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Prohibiting Parking along the Easterly and Westerly Sides of G Avenue between 7th Street and 8th Street." be adopted and given Ordinance, No. 2139. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Completion of Public Works Contract - L.I.D. 199 Mayor Rice reported that the City is presently retaining $6,092.53 for repaving projects on R Avenue, 16th, 27th, and 34th streets. The projects have been completed and the Public Works department is requesting that Council accept this project as complete and authorize staff to release retainage at the end of the 30 day lien period provided no valid liens or claims are made for labor or materials used on these projects. Mr. Jackson so moved, seconded by Mr. Rock. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Resolution - Setting Public Hearing Date - Vacation - N Avenue Mr. Rock moved, seconded by Mr. Brown, that a Resolution setting April 2 , 1990 as the public hearing date to review a petition to vacate an alley in the vicinity of N Avenue and King Street be adopted and given Resolution No. 1090. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Arts & Crafts Festival - Bond/License Fee Waiver Mayor Rice presented a request for a Masters License for the Festival on August 4th and 5th and that the Festival be relieved of any fee or bond requirements. This year the southern boundary of the festival will extend to 9th street. Mr. Lian moved, seconded by Mr. Jackson, that the fee and bond requirements be waived for 1990. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mr. Steve Mansfield, City Attorney, expressed concern for the City's liability for the Beer Garden held during the Arts & Crafts Festival. The Beer Garden is held on the deck next to the W.T. Preston. Mr. Mansfield also expressed concern over the propriety of alcoholic beverages being sold to the public on City property. The Mayor recommended that the City deny any request to allow alcoholic beverages to be distributed to the public on City property. Mr. Brown so moved, seconded by Mr. Jackson. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Sister Cities Mayor Rice announced that Council approval is necessary to authorize application/fee to the Sister Cities International to declare the City's interest and support in developing sister city affiliations with three or four countries around the world. Mr. Separovich moved, seconded by Mr. Brown, that the payment of the fee be approved. Vote: .Ayes --Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Amendment to Personal Services Contract- Sutton Mayor Rice requested that Mr. Sutton's wage for maintaining the paper drop locations be increased to $100.00 per month. Mr. Rock moved to approved the request, seconded by Mr. Maxwell. Vote: Ayes - Maxwell,' Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. At approximately 8:00 p.m. Mayor Rice announced that the meeting would be continued to March 12, 1990 to approve bids for construction of the secondary sewer treatment plant. b Georrht�ian, City Clerk -Treasurer James Rice, Mayor March 12, 1990 - continued meeting of March 5, 1990 Mayor Rice opened the continued meeting of March 5, 1990. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. 9 4 .; March 12, 1990 - continued 9�4 Mayor Rice introduced Mr. Bob Pickett of purpose of the meeting was to consider the secondary sewage treatment plant. AGHAST. Mayor Rice announced that the acceptance of bids for construction of Mr. Bob Pickett addressed the Council relative to population growth projections and indicated he felt that the proposed plant was not designed large enough to accommodate the anticipated growth. Clee Richardson and John Fisher also spoke and addressed the Council on behalf of AGHAST. Mayor Rice indicated the'low bid with adjustments for owner designated equipment was from Venture Construction Company of Auburn, Washington in the amount of $18,186,927.00. After discussion, Councilman Jackson moved that the low bed of Venture Construction of Auburn be accepted subject to approval by the Washington State Department of Ecology. The motion was seconded by Councilwoman Smith. Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. With no further business to come before the Council, meeting was adjourned. Georg hta an;4vyClerk:-T:reasurer March 19, 1990 James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag, and invocation was offered by Father Clanahan. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Jackson, that the minutes of February 26, March 5 and March 12, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings Mr. Separovich extended birthday best wishes to the Mayor. Ordinance - Vacation of Alley - Block 5, Kellogg's Addition Mrs. Smith moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Vacating that Certain Alley Located in Block 5, Kelloggs Addition to the City of Anacortes" be adopted and given Ordinance No. 2140. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Request - Anacortes Arts Foundation Mayor Rice presented a request from the Anacortes Arts Foundation for $1,000 to be applied to the purchase of a 10'x40' pavilion for the Depot Art Center. Mrs. Jill Clark, Executive Director for the Foundation, explained that this was a one-time capital expense request. The pavilion would be used for the Depot Market from late April until the end of October. The tent could also be available for other community activities. Mrs. Smith moved, seconded by Mr. Jackson, to approve the request. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Ordinance - Endowment Fund Mayor Rice explained that the Friends of the Forest and the Anacortes Community Forest Lands Advisory Board would like to have an endowment fund created for the maintenance and upkeep of the forestlands. Mayor Rice further explained that an Ordinance has been prepared that set up a fund to be known as the "Forestland Endowment Fund" which would receive revenues from donations, contributions, interest and private sources. Mr. Rock moved, seconded by Mr. Separovich, that an Ordinance entitled "An Ordinance Creating a Forest Land Endowment Fund for the City of Anacortes." be adopted and given Ordinance No. 2141. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mayor Rice explained that soon utility customers would have the option to "round -up" their utility payment to the next dollar amount. These surplus monies would then be divided equally between the DARE program and forestland maintenance. March 19, 1990 - continued Resolution - Authorizing Contract between City of Anacortes & Chamber of Commerce Mayor Rice introduced a Resolution to the Council that would authorize execution of a one-year contract by and between the City of Anacortes and the Anacortes Chamber of Commerce to enable the Chamber to engage in activities designed to advertise, publicize, or distribute information for the purpose of attracting visitors to our community. Mrs. Smith moved, seconded by Mr. Brown, that the Resolution be adopted and given Resolution No. 1091. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Paper Drop - Skyline Area Mayor Rice announced that the paper drop located near the Beach Club in the Skyline area has been completed and is now ready to take newspapers. Also, a container will be set up to take aluminum cans. Mayor Rice expressed his appreciation for Mr. Monte Birkle's efforts in the construction of the paper drop. Presentation - Byron Sneva - Sewer Rates Mayor Rice introduced Mr. Byron Sneva. Mr. Sneva provided overhead displays and graphs showing a comparison of 1989 rates paid by industrial and residential utility customers. Mr. Sneva suggested that the sewer rates are out of proportion for services that are received. Mr. Sneva further recommended that a citizens committee be formed to further study distribution of costs. Mr. Dave Ford, Director of Public Works, answered questions raised about metering/billing for marinas and fish processors. Mr. Ford also clarified the rationale for the current rate structure. Mayor Rice asked Mr. Sneva to submit his exhibits to the Council for further review. Industrial Pretreatment Survey Mr. Dave Ford, Director of Public Works, presented background information on a request for Council to approve a contract with CH2M Hill to conduct an industrial survey required by the Department of Ecology to administer the Industrial Pretreatment Program for Anacortes. Mrs. Smith moved, seconded by Mr. Lian, that the request for $18,721 to retain Ch2M Hill to prepare an Industrial Pretreatment Survey be approved. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mayor Rice made the following announcements: April 17, 1990 from 8:30 a.m. to 3:00 p.m. - Council and staff retreat; April 10, 1990 - Public Transportation Board - 7:30 p.m., Council Chambers; April 2, 1990 - next Council meeting. There being no further business, the Mayor adjourned the meeting at 8:30 p.m. Pian, Geo Kh Ci Clerk -Treasurer April 2, 1990 James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Jackson, that the minutes of March 19, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings Ms. Felicia Childs addressed the Council with defray costs for 4th of July activities. Ms. and also listed activities planned for 1990. and Mayor for supporting these events. Mr. Separovich, that the request be granted. Vote: Smith, Rock, Maxwell, Jackson. Motion carried. for all her hard work. a request for $600.00 to help Childs listed 1989 expenditures Ms. Child's thanked the Council Brown moved, seconded by Mr. Ayes - Separovich, Brown, Lian, Mayor Rice thanked Ms. Childs 945 April 2, 1990 - continued 946 Mr. Bob Pickett, 1212 29th Street, representing AGHAST as a senior board member, presented a request to the Council to further study using Skagit County facilities to incinerate sludge from the new secondary treatment plant. Mr. Pickett further recommended that the Council appoint a committee to review local and county incineration and drying costs. Discussion ensued regarding DOE financing, existing engineering studies, redesign costs, drying methods, etc. Mrs. Smith moved, seconded by Mr. Jackson, that the Council not take action on the AGHAST proposal. Vote: Ayes - Brown, Lian, Smith, Maxwell, Jackson. No - Rock, Separovich. Motion carried. Mr. Jim Pemberton, Assistant Public Works Director, reported to the Council and audience that data is now being collected for a moderate risk hazardous waste plan for Skagit County. Mr. Pemberton is part of a technical advisory committee working with the County and the Skagit Council of Governments on formulating this hazardous waste plan. Mr. Pemberton explained that part of this plan development includes public input. The hazardous waste plan will, in part, emphasize public education, waste reduction, storage; the goal of the plan is to reduce the amount of toxic and hazardous materials entering the solid and liquid waste streams in our County. Mr. Bob Ruby, Skagit Council of Governments and Ms. Rebecca Voerman, Skagit County Public Works, are available to take public comment/input on the development of this plan. Mayor Rice informed the audience that propane tanks, batteries and aerosol cans are the most frequently found hazardous items and they should be sorted and kept separately from other household waste. Set Public Hearing Date on Final Assessment Roll - LIDs 197,.199_ Mr. Rock moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution of the City of Anacortes, Washington fixing a time and place for hearing on the final assessment roll for Local Improvement Districts Nos. 197 and 199, and directing that notice thereof be given in the manner required by Law" be adopted and given Resolution No. 1092 and that the hearing date be set for May 7, 1990. Vote: Ayes'- lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Supplemental Agreement for Construction Engineering Service (Young Road Waterline Project) Mr. Jim Pemberton, Assistant Public Works Director, and Mr. Wilson Binger, R.W. Beck & Associates, provided background information on a request for funds to conduct engineering services on the Young Road waterline replacement. Services to be provided include contract administration, review of contractors submittals and on-site inspections. The estimated cost of these services is $80,000. Mrs. Smith moved, seconded by Mr. Lian, that the existing contract with R.W. Beck to replace the Young Road waterline be amended to include provisions for construction engineering services and inspection. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Resolutions - Water Contracts Mayor Rice presented information to the Council showing the new contract water rate calculations and a summary breakdown of 1989 water volumes/revenues. Mr. Brown moved, seconded by Mr. Jackson, that the following Resolutions be adopted and given numbers: A Resolution Authorizing Execution of an Amendment to Water Contract, by and Between the City of Anacortes and Shell Oil Company, Resolution No. 1093; Texaco Refining & Marketing, Inc., Resolution.No. 1094;..City of Oak Harbor, Resolution No. 1095; Town of La Conner, Resolution No. 1096; PUD # 1 of Skagit County, Resolution No. 1097, and Swinomish Tribal Community, Resolution No. 1098. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Mr. Dick Dildine, 1211 6th Street, expressed interest in participating in ,the utility rate review that will take place next year. January, February Claims/Vouchers Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those .expense reimbursement claims certified as required by RCW 42.24.090; have been recorded on a listing which has been made available to the Council. As of this date, April 2, 1990, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: January: Payroll warrant numbers 15020 through 15313 in the total amount of $283,562.63 and Claims warrant Numbers 17222 through 17559 in the total amount of $582, 343.34. February: Payroll warrant numbers 15314 through 15608 in the total amount of $290,510.37 and Claims Warrant numbers 17560 through 17955 in the total amount of $884,369.09. April 2, 1990 - continued Resolutions - Authorizing Inter -Fund Borrowing on LIDS 197, 199 Mayor Rice presented two Resolutions to the Council that would authorize an inter -fund transfer of monies from the Water Fund .to the LID 197 and LID 199 Funds. The construction under both LIDS has been completed and it' is now necessary to finance the construction improvements. Mr. George Khtaian, Finance Director, explained that the fund transfer is administratively more feasible than observance of the more lengthy and formal warrant -issuance process. Mr. Jackson moved, seconded by Mr. Separovich that the Resolutions be adopted and given Resolution No. 1099 for LID 197; and Resolution No. 1100 for LID 199. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Cancelled Warrants Approval Mayor Rice, presented a list of two payroll warrants and four claims warrants that require cancellation approval by Council. Mr. Brown moved, seconded by Mr. Rock, to cancel the six warrants totaling $94.39. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Public Hearing - Vacation of Portion of N Avenue - Gaggens Mayor Rice opened the Public Hearing to take comments on a vacation petition to vacate the west 10 feet of N Avenue between King street and 41st street. Mr. and Mrs. Ora Gaggens, along with the consent of abutting property owners on N Avenue, have requested the vacation. Mr. Dave Ford, Director of Public Works, provided an overhead drawing for the Council's review and provided background information on a long standing problem of right of way and alley access in this neighborhood. Mr. Ford stated that there were no objections from department heads and the recommendation of the Public Works Department is that the City Council vacate the west 10 feet of N Avenue and accept dedication of an additional 10 feet from the west side of the properties abutting N Avenue. Mr. Ford further recommended that no charges be made for the proposed vacated portion of N Avenue as the City will receive an additional 10 feet on the alley. Mr. Ora Gaggens, 4004 N Avenue, hoped that the vacation would be the solution to the right of way problem. Mr. Ford answered questions from the audience and also explained that he would come back to the Council at a later date with a request to vacate 6 feet of the alley along M Avenue. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Separovich moved, seconded by Mr. Rock, that the vacation request be approved. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Request from Planning Commission for Traffic Study Mayor Rice presented a request from the Planning Commission for $10,000 to fund a traffic study for the City of Anacortes. The Planning Commission also proposed the establishment of a working group made up of some Planning Commission members and a cross section of the public; nominations for the group should be forwarded to the Planning Director or to Erica Pickett, Planning Commission chair. Mr. Jackson moved, seconded by Mrs. Smith, that the request be approved. Vote: Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Urban Renewal [1] Robert Palmini [2] Oak Harbor Boat Works [3] Robinson -Smith Mr. Ian Munce, Planning Director, presented a summary of the Industrial Park activity. Mr. Munce also presented overhead displays and described the proposed uses of the properties to be leased or sold. Mrs. Smith moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Authorizing a Sales Agreement by and between the City of Anacortes and Palmini Industries", be approved and given Resolution No. 1101. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Mr. Brown moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Authorizing a Lease Agreement by and between the City of Anacortes and Oak Harbor Boat Works" be adopted and given Resolution No. 1102. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Mr. Brown moved, seconded by Mr. Separovich, that a Resolution entitled "A Resolution Authorizing a Sales Agreement by and between the City of Anacortes and Robinson Family Trust and Smith Family Trust" be adopted and given Resolution No. 1103. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. 947 April 2, 1990 - continued 94*8 Public Hearing - Amendment to Zoning Code - Reducing Minimum PUD Size Mayor Rice declared the Public Hearing open on a zoning code amendment initiated by Council motion to reducing the minimum size of a planned unit development from five acres to two acres. Mr. Ian Munce, Planning Director, explained that at the time the City Council adopted the Wetlands Ordinance, a reduction in the minimum size for a PUD was felt to be a mechanism for offsetting potential hardship. Mr. Munce reported that the Planning Commission held a public hearing on this proposal and voted unanimously to recommend this change subject to two conditions: [1] this reduction is acceptable only as a response to environmentally sensitive areas as set out in a SEPA document and only when a written determination to this effect is issued by the City Planning Director; [2] no density bonus is available in parcels of less than 5 acres. Mr. Dick Threet, 2801 17th Street, spoke in favor of the amendment and its conditions. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Brown thanked the Planning Commission for .its efforts in the development of this amendment. Mr. Brown moved, seconded by Mrs. Smith, that the zoning code amendment and conditions with regard to PUD minimum size be approved. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Public Hearing - Cranberry ridge Proposed PUD Mayor Rice opened the Public Hearing on a proposal submitted by Stan.Donogh to develop a 37 -unit PUD on a 19 acre parcel located west of "D" avenue between 24th and 27th streets. Mr. Ian Munce, Planning Director, summarized the traffic studies and the development process for this PUD; Mr. Munce also reported the Planning Commission public hearing results. Mr. Munce stated that the Planning Commission voted unanimously to approve'this PUD subject to two conditions: [1] the applicant submit the detailed engineering calculations on water, sewer, and storm sewer flows together with an analysis of their downstream impacts and necessary mitigating measures; [2] that the Cranberry ridge site be surveyed pursuant to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and that any wetlands identified be clearly staked on the site, mapped, and that no lots extended to the wetland as defined. Mr. Francis Tongue, 4205 St. Mary's Drive, asked if there would be sidewalks in this project. Mr. Munce answered that the project proposes sidewalks on both sides of the street. Mr. Dick Threet, 2801 17th Street, testified in favor of the project based on the thoroughness of the project development. Mrs. Ruth Horn, 1137 Whistle Lake Road, complimented the developer on the quality of the proposed project. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Jackson moved, seconded by Mr. Separovich, that the Cranberry Ridge PUD be approved subject to the two conditions recommended by the Planning Commission. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Announcements Mayor Rice announced that the items for discussion at the Study Session on April 9th would be sewer rates and moving Public Works/Building Departments to the ballroom. Closure of 10th Street- Car Club Mr. Dave Ford, Director of Public Works, presented a request from the Car Club to have a car show during the Tulip Festival/Taste of Skagit weekend and are requesting to have 10th street from Commercial to "0" Avenue blocked off. Proceeds from the car show would be presented to the DARE program. Mr. Ford informed the group that they would have to provide barricades. Mr. Brown moved, seconded by Mrs. Smith, to approve the street closure. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Executive Session At 9:30 p.m. Mayor Rice announced that the Council would convene in Executive Session to discuss union and land sale negotiations. At 10:00 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. Ge/eKh aian, CityClerk-Treasurer L"_Xames Rice, Mayor April 16, 1990 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Bill Jackson, Ken Brown, Tom Lian, Helen Smith. Absent: Dean Maxwell, Bud Rock. Mr. Ray Separovich arrived at approximately 7:40 'p.m. Correspondence - Citizen Hearings There was no correspondence and no citizens present asked to testify on items not on the agenda. Ordinance - Vacating West 10 feet of N Avenue Mayor Rice introduced an Ordinance that would finalize previous Council action to vacate the West 10 feet of N Avenue, Lots 1-20, Block 1, BROWNRIGS SECOND ADDITION TO THE CITY OF ANACORTES. Mr. Jackson moved, seconded by Mr. Brown, that the Ordinance be adopted and given Ordinance No. 2143. Vote: Ayes - Jackson, Brown, Lian, Smith. Motion carried. Ordinance - Amending Zoning Code - PUD Minimum Area - Residential Mayor Rice introduced an Ordinance that would complete the Zoning Code amendment process to change the residential PUD minimum acreage requirements. Mr. Brown moved, seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2144. Vote: Ayes - Brown, Lian, Smith, Jackson. Motion carried. Resolution - Setting Public Hearing Date - Vacate Portion of W Avenue Mr. Jackson moved, seconded by Mrs. Smith, that a Resolution. setting May 7, 1990 as the Public Hearing date to review a Petition to Vacate a portion of W Avenue be adopted and given Resolution No. 1104. Vote: Lian, Smith, Jackson, Brown. Motion carried. Ordinance - Secondary Sewer Treatment Plant Bond Ordinance Mayor Rice read by title an Ordinance authorizing the issuance and sale of sewer revenue bonds in the principal amount of $8,920,000 for the purpose of carrying out a portion of the wastewater facilities plan for the City of Anacortes. Mr. George Khtaian, Finance Director, introduced Mr. Dave Landis of Piper, Jaffray & Hopwood, Inc., bond consultants for the City. Mr. Landis discussed with Council interest rates, arbitrage, bond reserves, etc. After discussion, Mr. Brown moved, seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2142. Vote: Ayes - Smith, Jackson, Separovich, Brown, Lian. Motion carried. Bond Purchase Agreement - Secondary Sewer Treatment Plant Bonds On a related item, Mayor Rice introduced a Bond Purchase Agreement between the City of Anacortes and Piper, Jaffray & Hopwood for the purchase of Wastewater Treatment Revenue Bonds, 1990. Mr. Jackson moved, seconded by Mr. Brown, to accept the bond purchase agreement. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith. Motion carried. Reschedule Public Hearing - Final Assessment Roll LID 197, 199 Mayor Rice announced that it was necessary to set a new Public Hearing date for the final assessment roll for Local Improvement District Nos. 197 and 199. Mr. Steve Mansfield, City Attorney, explained that the rescheduling was necessary because the City was unable to meet the publication deadlines set by the Anacortes American. The new Public Hearing date will be May 21, 1990. Mr. Brown moved, seconded by Mrs. Smith, that the Resolution be adopted and given Resolution No. 1105. Vote: Ayes - Separovich, Brown, Lian, Smith, Jackson. Motion carried. Street Improvement Waiver Application - 14th Street Mr. Dave Ford, Director of Public Works, presented a request .from Mr. and Mrs. Bruce McDonald for a waiver from street improvement requirements on A Avenue and 14th Street between Block 245 and 246, Original Addition to the City of Anacortes. Mr. Ford explained that his department felt that some connection between the dead end portion on 14th street between B and C and Alaska Avenue along 14th street should be made if the two blocks referenced are to be developed. Mr. McDonald was present at the meeting and discussed his development plans with the Council. Discussion ensued regarding development of the street and establishment of an LID. Mr. Ford inquired of the Council if development costs could be presented at the next meeting. The Council agreed and requested that the matter be placed on the May 7th agenda. 949 9 50 April 16, 1990 - continued Approval Final Plat - Creekside Village Phase II Mayor Rice introduced an item not on the agenda - approval of the Creekside Village Phase II Final Plat. Mr. Dave Ford, Director of Public Works, explained that the developer has requested final plat approval and that the utilities including water, sanitary sewer and storm sewer have been completed to standards required by the City. Additionally, the documents as submitted are complete as per City standards. As the streets have not yet been paved, monumentation has not been set, and as built plans have not been received, Mr. Ford's recommendation is that the developer turn over to the City a $35,000 bond to cover the completion of these items. Mr. Lian moved, seconded by Mr. Jackson, that the plat be approved as presented and that the developer turn over to the City a $35,000 bond. Vote: Ayes - Separovich, Brown, Lian, Smith, Jackson. Motion carried. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Separovich, that the minutes of April 2, 1990 be approved as if read. Vote: Ayes - Brown, Lian, Smith, Jackson, Separovich. Motion carried. Announcements Mayor Rice announced that the Parks Director, Mr. Steve Colby, would be presenting information on Washington Park development on Monday, April 23rd at 7:30 p.m. in the Council Chambers. There being no further business, the Mayor adjourned the meeting at 8:10 p.m. Geoi`g� Khta' n, Cit lerk-Treasurer J61 ames Rice, Mayor May 7,-1990 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Correspondence - Citizen Hearings Mayor Rice drew the audience's attention to a drawing on the east wall of the Council Chambers. The drawing is from the students of Fidalgo elementary school in appreciation for the playground that was installed at their school. The playground was developed with cooperation from the City, County and School District, showing the benefits of united efforts to accomplish a goal. Mayor Rice introduced a letter from the Washington Recreation Association informing the City that Steve Colby, Director of Parks and Recreation, has been elected as that organization's Vice -President. Mayor Rice extended his congratulations to Mr. Colby. There was no correspondence and no citizens present asked to testify on items not on the agenda. Street Improvement Waiver Application - 14th Street Mr. Dave Ford, Director of Public Works, introduced Mr. Bruce McDonald. Mr. McDonald is requesting a waiver from street improvement requirements on A Avenue and 14th street between Block 245 and 246, Original Addition to the City of Anacortes. At the April 16, 1990 Council meeting Mr. McDonald was asked to provide a cost comparison between extension of a 24 foot paved street versus a 36 foot gravel street. After considerable discussion, Mr. Rock moved that 14th Street from Alaska Avenue to C Avenue be graveled to a 36 foot width with pit run and crushed rock. Mr. Separovich seconded the motion. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance Repealing Ordinance # 983 Mayor Rice read by title Ordinance repealing Ordinance # 983 which relates to plumbing, providing for the examination and licensing of journeyman plumbers, etc. Mrs. Smith moved that the Ordinance repealing Ordinance # 983 be adopted and given Ordinance # 2145. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. May 7, 1990 - continued Ordinance - Water Rate Increase Mayor Rice introduced an Ordinance effect July 1, 1990. Mayor Rice placed on the June 4th agenda. authorizing a water rate increase to take further stated that the Ordinance would be Retail Fireworks Stand Permit Mayor Rice presented a request from the Lions Club for permission to operate a retail fireworks stand on the southeast corner of 22nd street and Commercial avenue. The stand would be placed on Anacortes Marine property in the same location as last year. Fire Chief, Cecil Little, recommended that the permit be granted. Mr. Brown moved, seconded by Mr. Lian, that the request be approved. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Public Hearing - Proposed Rezone - North End of Volunteer Park Mayor Rice opened the Public Hearing on a proposed rezone of property generally located at the north end of Volunteer Park from Public Use to Residential Medium Density. Mr. Ian Munce, Planning Director, presented a summary of testimony presented at the Planning Commission public hearing held on April 11, 1990. The public hearing was scheduled by the Commission on their own motion as a result of concern expressed by Mr. Maury Ruddell that an error had been made on the official zoning map; as a result of the alleged error, some private residences were included in the Public Use zone. Mr. Munce further summarized the public testimony received and noted that after taking public testimony, the Commission voted 5 to 1 to recommend denial of the rezone. Mr. Munce presented overhead displays of zoning map realignments in the subject area dating back to 1966. Mayor Rice declared the Public Hearing open and the proceedings are on tape and filed at City.Hall. Mr. Duane Lowell, Superintendent of Anacortes School District, requested that the school district go on record in favor of retaining the current zoning designation until the School District and City have had more of an opportunity to study future use of the Volunteer Park area. Mr. Maury Ruddell, 3120 B Avenue, representing one of the property owners involved in the dispute, restated his position that the the zone boundary line was drawn in error and that the home owners have just recently learned that their property is zoned. Public Use. Mr. Norm Young, 12th Street, asked for documentation on when the zone was changed from Residential to Public; additionally, Mr. Young read from 1987 correspondence from City staff stating that property in the rezone area is zoned Residential Medium Density. Mr. Young recommended that the engineering staff be directed to redraw the zone boundary. Mrs. Nancy Reinstra, 1919 12th street, opposed a rezone of the property. Mrs. Martha Doane, spoke against the rezone, expressing concern over potential noise and traffic problems associated with potential development of the property. Mr. Bob Robertson, 809 5th Street, expressed concern that the property owners involved are unable to make use of their property. Mr. Maynard Hill, 2003 12th Street, opposed the rezone because of potential increased people/traffic. Mr. Jim Doane, 1816 13th Street, spoke against the rezone. Mr. Ruddell spoke again stating that rights of property owners in rezone area would be denied. Mr. Robert Couey, 1818 12th Street, didn't see a problem with RM designation. Mr. Ross Barnes, 104 Harbor Lane, didn't think that the City should have the right to downzone someone's property forever simply. because there may be some public interest in it sometime in the future. Mr. Barnes recommended that the school district/parks department make a determination about use of this property. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell recommended that the City Attorney prepare a history of the matter. Council determined that the investigation had been completed. Discussion ensued regarding a City-wide comprehensive zoning review held in 1978. Mr. Brown inquired about the feasibility of a conditional or contract rezone. Mr. Jackson moved to deny the rezone request at this time. Mr. Maxwell seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Lian. No - Brown. Motion carried. Public Hearing - Road Access to Sargent's Proposed Short Plat Mayor Rice opened a Public Hearing to take comments on a modification to the street standards in the Subdivision Ordinance. Mr. Ian Munce, Planning Director, reviewed the development, public hearing activity and administrative action taken in the development of road access to Mr. Sargent's proposed 9 -lot short plat in the general vicinity of West 4th and Georgia. Mr. Munce and the Mayor reviewed the revised conditions submitted by both the Public Works Department and the 951 May 7, 1990 - continued 952 Planning Commission as determined by Public Hearing. The revised conditions are: 11 paving of the 50' radius for the cul-de-sac; 2] no more than a 17.5% grade be maintained at all points along the roadways; 3] the paving be 24' wide curb -face to curb -face and curb and gutters be barrier curb and not roll curbed along the full length of the roadways; 4] the roadways because they will be public, are to be maintained by the Street Department after a 2 -year warranty on 'construction that is completed; 5] residential sprinkler systems approved by the Building Inspector shall be installed for homes built on Lots 1, 2, 3 and 5 and this requirement shall be set -out on the face of the short plat; 6] a full set of plans and specifications be provided and approved by the Public Works Department for the road and storm sewer; 7] fifth street be paved through to the western boundary of the Erie right of way, and sixth street be paved through to the western boundary of the Clure property; 81 no parking be permitted on any of the streets. Mayor Rice recommended to the petitioner that, based on Council action taken after the public hearing, a full set of drawings, including water, sewer and streets be submitted to the Public Works Department. Mr. Bob Robertson, 809 5th Street, expressed concern for a precedent being set on requiring sprinkler systems. Mr. John Sargent stated that the recommendations made for street improvement would inhibit the development of his property and that barrier curbs were not necessary the full length of the street and the increased street width was not necessary either. Mr. Sargent further requested approval of a hammerhead turnaround in the cul de sac. Mr. Bill Savage, 304 West 3rd, walks through the area and reported that the street through the Berentson development is 21 feet wide. Mr. Jim Pemberton, Assistant Public Works Director, commented on the technical reasons for the proposed street modifications. Mr. Les Johnson, attorney for Dr. and Mrs. Clure, requested further clarification on street width and parking requirements. Mr. Johnson stated the concerns of his clients should the development occur on the basis of what is required by City standards, specifically 36' wide streets, curbs and gutters, etc. The Clures hoped that if modifications are made, they be made according to provision 15.20, Development Standards, of the Municipal Code rather than to the referenced Section 16.24 of the Subdivision Code. Mr. Henry Campbell, 127 E. Lawrence, Mt. Vernon, commented on the beauty of the project, and spoke in favor of the proposal. Mr. Don Semerau, 2118 Riverside Drive, Mt. Vernon, is the engineer for the proponent. He stated that this development would not cut off any practical access that the Clures might have had. The current proposal shows the only practical access to the property. Mr. Sargent is also asking for barrier curbs on the lower side of the street only. Mr. Al Henshaw, 304 Georgia Avenue, hoped that the paved street.could'be installed as soon as possible and expressed dismay over the unsightliness, of-Mr.-Sargent's shed. Mr. Dick Threet, 2801 17th Street, owner of the 40' easement to the Clure's property, expressed concern that if their access through a legally platted street was jeopardized, that there would be pressure to allow access for future development of their acreage through his 40' easement or through the neighbor's 20' easement. Mr. Threet also expressed concern that the Planning Commission recommendations had been revised without benefit of further Public Hearing. Mr. Threet reviewed the modifications with staff and Council. Mr. Dan Lovejoy, 2817 17th street, commented on the steepness of the street and need for sprinkler system. Mr. Ross Barnes, 104 Harbor Lane, based on what he considered to be ineffective decision making and public comment at the Planning Commission hearings, made a number of measurements on the road surface and shared those measurements and his recommendations on safety and road development with the Council. There were no further comments and the Mayor declared the Public Hearing closed. Discussion ensued regarding sprinkler systems, and testimony provided at the Public Hearing. Mr. Brown moved to approve the eight conditions on the John Sargent street standard modification. Mrs. Smith seconded the motion. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - Vacation Request - Portion of W Avenue - Funk Mayor Rice declared the Public Hearing open to take comments on a Vacation Petition submitted to vacate W Avenue south of 4th street between Blocks 14 and 15 of Bowman's Plat to the City of Anacortes. The petitioner owns property on both sides of W Avenue. Mayor Rice reviewed the comments submitted by the Parks and Public Works Departments expressing concern over extension of sanitary sewer should the vacation be granted and loss of access for emergency vehicles and for users of the existing trail system should the vacation be granted. Mayor Rice stated that he had received two telephone calls objecting to the vacation. Mr. Ron Noble, 321 East Park Drive, Mr. Ray Robinson, 419 5th Street, Mrs. Doris Packard, 500 East Park Drive and Mrs. Helen Andrews, 408 5th Street all opposed the vacation request. Ms. Joanne Funk, petitioner, stated that the area is be May 7, 1990 continued vacated is beautiful and accessible because she has maintained it for 25 years, stating that there would be no changes should the street be vacated. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Separovich moved, seconded by Mr. Maxwell, that the request to vacate be denied. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Bid Award - 24' Pipeline Replacement Project Mayor Rice announced that eight bids had been received at the April 24th bid opening for a 24" pipeline replacement project on Young Road from Bennett to LaConner-Whitney Road. The low bidder was Wilder Construction Company, Bellingham, in the estimated amount of $1,450,000 plus tax. The Public Works Department, after review of bid documents and references, recommends that the bid be awarded to Wilder Construction Co. Mrs. Smith so moved, seconded by Mr. Jackson. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Street Improvement Ordinance Waiver Request - 1] Emmanuel Fellowship Church 21 Frank Larsen 1] Mr. Dave Ford, Director of Public Works, presented a request for a waiver from full street improvement requirements for a proposed church to be built at the southeast corner of 37th and A Avenue. Public Works recommendation is that the waiver be granted provided that the proponent would be willing to sign an agreement requiring construction of improvements necessary to meet City design standards and execute a power of attorney and covenant authorizing establishment of a local improvement district to construct the improvements to meet necessary City design standards which are not feasible to immediately construct. Mr. Jackson moved, seconded by Mr. Rock, that the waiver be granted subject to Public Works recommendations. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. 2] Mr. Ford presented the seconded request for a waiver from street improvement requirements for a portion of 16th street east of A Avenue. Mr. Frank Larsen is proposing that a gravel road 18 feet in width be allowed to be extended from A Avenue to the east boundary of Lot 16, Block 247. Public Works Department recommends that the street be 24 feet wide, paved, centered on 16th street with appropriate base and level course, gravel shoulders and ditches; the paving should extend to the east side of the proposed building site. Public Works also recommends that the petitioners sign an agreement requiring construction of those improvements necessary to meet City design standards and the execution of a power of attorney and covenant authorizing establishment of a local improvement district to construct that portion of the necessary improvements to meet City design standards which are not feasible to immediately construct. Mr. Frank Larsen, 5608 Sunset Avenue, felt that the requirements would penalize a single property owner, as other streets in the adjacent areas are not developed to the recommended standards. Mr. Earl Cooley, former owner of subject property, stated that in the past, no-one in the area had expressed an interest in participating in an L.I.D. Mrs. Smith moved, seconded by Mr. Jackson, that the waiver be granted subject to Public Works Department recommendations. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Utility Extension Agreement/Latecomers Agreement Mr. Jim Pemberton, Assistant Director of Public Works, presented five requests to extend water and/or sewer in Anacortes or immediately south of the City limits. In addition to these extension requests, two have requested latecomer's agreements be attached in order to recover some of the off-site improvement costs. 1] sewer extension between West 2nd and West 3rd between New York Avenue and Louisiana Avenue. A request has been made to attach a latecomer's agreement to these improvements. 2] sewer and water extension to serve property located between 21st street and D Avenue and 22nd street and D Avenue on the east side of the street. A request has been made to attach a latecomer's agreement to these improvements. 3] extend water and sewer on West 4th between Minnesota and Kansas. 4] request to extend an 8" line from the City's 36" transmission line to provide fire protection. 51 service to a proposed subdivision located outside the City limits just west of Sharpes Corner. The project would include distribution service lines, a booster pump station and possibly a storage reservoir for fire protection. Public Works recommends a cost benefit analysis on the proposed system improvements should a rate adjustment be necessary. Mr. Separovich moved, seconded by Mr. Jackson, that the five requests, including the recommendation requiring a cost benefit analysis on the Sharpes Corner development, be approved. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich. Abstain - Brown. Motion carried. 953 May 7, 1990 - continued 95 Agreement for.Engineering Services - 6th Street Water Extension Mayor Rice presented a proposal for providing engineering services for the extension -of a 12" waterline on 6th street from H Avenue to Q Avenue. The Public Works Department recommends that Leonard & Boudinot design and prepare the plans and specifications to be done at a cost not to exceed $13,200 which includes bidding and project startup. Mr. Jackson moved, seconded by Mr. Brown, to authorize the agreement for engineering services. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. A Avenue Booster Station - Construction Engineering Services Mr. Jim Pemberton, Assistant Public Works Director, presented a request to Council to amend an existing contract with R.W. Beck to include construction engineering services for the A Avenue booster station. The cost of the proposed contract amendments would be $15,000. That cost would include preparation of 25 copies of the contract documents, review of contractor's submittals and 12 hours of field inspection and technical assistance during startup and testing of the pump station. Mr. Pemberton explained that the pump station would provide service to the higher elevations in our water system south of 37th street. Mr. Jackson moved, seconded by Mrs. Smith, that the contract with R.W. Beck be amended to include Construction Engineering Services for the A Avenue booster and that the Latercomers Agreement be removed on the water line and that the connection fees be modified to --cover costs over entire area that will be served by the pump station and distribution line. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Possible Sale of City Property Mr. Dave Ford, Director of Public .Works, presented a request by Coastline Properties, Inc. for the purchase of 1.5 acres in the Clearidge area currently owned by the City of Anacortes. The property was originally purchased to hold the land to provide a possible drainage retention area for drainage from Skyline Division 6 and also for a retention area from both the adjacent 11 acre parcel as well as drainage from the airport. Mr. Ford requested direction from the Council to proceed with discussions on sale and use of this property. Mr. Maxwell opposed the sale of City property to developers; however, the general consensus was to permit further discussion. There being no further business, the Mayor adjourned the meeting at approximately 10:40 .m. Ge e Khta'an, tit C erk-Treasurer May 21, 1990 James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith. Absent: Bud Rock. Minutes of Previous Meeting Mayor Rice announced that the minutes of the May 7, 1990 meeting were not complete and would be available at the next Council meeting. Correspondence - Citizen Hearings There was no correspondence and no citizens present asked to testify on items not on the agenda. Shipwreck Days - July 14th Mayor Rice presented a request from the Retail Committee of the Anacortes Chamber of Commerce to hold the 11th annual Shipwreck Days on July 14th. The Retail Committee is further requesting that Commercial Avenue from 5th street to 9th street be blocked off on that day from 7:00 a.m. to 5:30 p.m. Mr. Separovich moved, seconded by Mr. Brown, that the request be approved. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Maxwell. Motion carried. Resolution - Lighthouse Boat Storage Mr. Ian Munce, Planning Director, introduced Mr. Ray Moore and Mr. Dean Nichols who will be doing business as Lighthouse Boat Storage. They are proposing to purchase 4.5 acres in the urban renewal area for a boat storage and repair yard. Mr. Munce reviewed the sales agreement and performance contract arrangements, May 21, 1990 - continued pointing out that a small area has been reserved to provide ten public parking spaces. Mr. Munce updated the Council on other urban renewal developments, including the boat launch and the paving of 30th street. Mr. Brown moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Authorizing a Sales Agreement by and between the City of Anacortes and Lighthouse Boat Storage" be adopted and given Resolution No. 1106. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell, Jackson. Motion carried. Public Hearing - Final Assessment Roll L.I.D. 197 Mayor Rice opened the Public Hearing to review comments received on final assessment roll figures for L.I.D. 197. Mr. Jim Pemberton, Assistant Public Works Director, explained that the purpose of forming L.I.D. 197 was to install a waterline on B Avenue between 27th street and 29th street and on 27th street and 28th street west of B Avenue. Mr. Pemberton stated that no letters of protest had been received. Mr. Pemberton also stated that if Council elects to approve the final assessment roll figures, an Ordinance would then be placed on the next meeting's agenda for approval. There were no comments from the audience and the Mayor declared the Public Hearing closed. Public Hearing - Final Assessment Roll L.I.D. 199 Mayor Rice opened the public hearing to review comments on final assessment roll figures for L.I.D. 199. Mr. Jim Pemberton, Assistant Public Works Director, stated that L.I.D. 199 was formed for the purpose of paving 16th street west of A Avenue, 27th street west of Commercial Avenue and 35th street between R Avenue and V Avenue. Mr. Pemberton reviewed the ten letters of protest received. Eight of the protests come from property owners on 16th street and centered primarily on the fact that one one side of the road vegetation came up through the pavement. Public Works Department has contacted Lakeside Industries and they will endeavor to develop a solution over the next two weeks. Two of the protests dealt with financial concerns. There were no further comments and the Mayor declared the Public Hearing closed. Mayor Rice announced that an Ordinance confirming the final assessment roll for L.I.D. 199 would also be on June 4th agenda. Interlocal Agreement - Port and City of Anacortes Mayor Rice presented an Interlocal Agreement between the City of Anacortes and the Port of Anacortes to share the cost/responsibility to install the storm sewer outfall in T Avenue adjacent to the Port's log storage area. The purpose of the outfall is to provide storm drainage for the lower Cap Sante area. Mayor Rice reviewed the percentages of payments committed to in the Agreement. Mr. Jackson moved, seconded by Mr. Separovich, to approve the Interlocal Agreement between the Port of Anacortes and the City of Anacortes to coordinate the City's future outfall line improvements with the Port's bulkhead and dredging projects on Guemes Channel. Vote: Ayes - Brown, Lian, Smith, Maxwell, Jackson, Separovich. Motion carried. Latecomer Request - Parkside Sewer Extension Mayor Rice recommended to the Council that a request for Latecomer's Agreement for the Parkside Sewer Extension on A Avenue be placed on a Study Session agenda for further review and deliberation. Public Hearing - Pump Station - 37th Street and D Avenue Mayor Rice opened the Public Hearing to take comments on a request by the City of Anacortes for a Conditional Use permit to construct a water pump station. The station is needed to provide adequate pressure for domestic service and fire protection south of 37th street and D Avenue. The Mayor stated that a Public Hearing was held before the Planning Commission and no testimony was received at that time. Mr. Jim Pemberton, Assistant Public Works Director, explained the benefits to be gained by the installation of the pump station. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mrs. Smith moved, seconded by Mr. Jackson, that the request for a conditional use permit be approved. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Separovich, Brown. Motion carried. Ordinance - Water Surplus Monies Usage Mayor Rice introduced an Ordinance to Council that would give the necessary authorization to release surplus funds to be used for transmission line, water treatment plant and intake improvements. Mr. Brown moved, seconded by Mrs. Smith, that the Ordinance be adopted and given Ordinance No. 2146. Vote: Ayes - Smith, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. 955 9 5 6 May 21, 1990 - continued Resolution - Setting Public Hearing Date - Vacation of Portion of 8th St. Mayor Rice introduced to Council a Resolution setting June 18, 1990 as the Public Hearing date on a Petition to Vacate a portion of 8th Street. Mrs. Smith moved, seconded by Mr. Jackson, that the Resolution be adopted and given Resolution No. 1107. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Announcements Mayor Rice informed the Council that he would be meeting with a nine member committee appointed to examine sewer rates and charges. Mr. Ford, Mr. Munce, and Mr. Khtaian would also be in attendance. The next Council meeting will be on June 4th. Executive Session At 8:00 p.m. Mayor.Rice announced that the Council would convene in Executive Session to discuss possible real estate transaction. Mr. Mansfield, Mr. Colby and Mr. Munce would also be in attendance. At 8:30 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. GeorgCtaia�, City Cle k -Treasurer James Rice, Mayor June 4, 1990 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith. Mr. Rock arrived at 8:00 p.m. Minutes of Previous Meetings Mayor Rice stated that a correction had been made to the May 7, 1990 minutes. On Page 3, item 7] now reads: "fifth street be paved through to the western boundary of the Erie right of way, and sixth street be paved through to the western boundary of the Clure property." Mr. Jackson moved, seconded by Mr. Brown, that the minutes of May 7, 1990, as corrected, and the minutes of May 21, 1990 be approved. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Maxwell. Motion carried. Mr. Steve Mansfield, City Attorney, informed the Council that the City may, at a subsequent meeting, submit Findings of Fact on this project. Mr. Les Johnson, attorney, said that he would be working with the City on review of the Findings of Fact. Citizen Hearings Mr. Bob Huisman, general manager for TCI Cablevision, explained the new cable rate structure and new services available. 1990 contract with Police Services Guild Mr. Ian Munce, Personnel Director, presented the agreement reached between the City and the Police Services Guild for 1990. Mr. Munce briefly reviewed the percentage increase, language changes and reorganization efforts agreed upon by both parties. Mr. Jackson moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution Amending Resolution No. 1062 thereby Setting Wages for 1990 for the Anacortes Police Services Guild" be adopted and given Resolution No. 1108. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell, Jackson. Motion carried: Ordinance - Final Assessment Roll L.I.D. 197 Mayor Rice read by title an Ordinance approving and confirming the assessments and assessment roll of Local Improvement District No. 197 for the installation of a 8 -inch water line on B Avenue and a 4 -inch water line on 27th street. Mr. Jackson moved, seconded by Mr. Separovich, that the Ordinance be adopted and given Ordinance No. 2147. Vote: Ayes - Brown, Lian, Smith, Maxwell, Jackson, Separovich. Motion carried. Ordinance - Final Assessment Roll L.I.D. 199 Mayor Rice announced that approval of the Ordinance on the final assessment roll for L.I.D. 199 would be delayed until the next Council meeting. The delay was 957 necessary to ensure that repairs would be made to the 16th street paving. Ordinance - Water Rate Increase Mayor Rice explained that a water rate increase scheduled for implementation at the beginning of 1990 was delayed for six months. The rate increase is now before the Council for approval. Mr. Brown moved, seconded by Mrs. Smith, that the Ordinance providing rates to be charged for the furnishing and sale of water by the City of Anacortes be adopted and given Ordinance No. 2148. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Separovich, Brown. Motion carried. Capital Improvement Plan - Northwest Small Cities Services Mayor Rice presented a proposal submitted by John B. Collins of Northwest Small Cities Services, to provide a public works Capital Improvement Plan which would serve the needs of the City and the Public Works Trust Fund. The fee for the C.I.P. and for the application for a street improvement loan from the PWTF will be $12,000. Mayor Rice reviewed the current condition of City streets and funding available for paving. Mr. Lian moved, seconded by Mrs. Smith to approve the expenditure. Vote: Ayes - Smith, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. City's Urban Growth Area Mr. Ian Munce, Planning Director, reviewed Section 11 of the new State Growth Management Act covering designation of urban growth areas. Mr. Munce further explained that within the next twelve months the twelve most populous counties in the state are to come up with growth management boundaries that are designed to accommodate their growth within the next 20 years. The counties are also to be encouraged to annex those areas and to gradually extend services over 20 years. Mr. Munce reviewed the Sphere of Influence area currently agreed upon between the City and the County. Mr. Munce has been working with the other planning departments in the area to develop sufficient data in order to designate an urban growth area for the City of Anacortes. Application for Taxi License Mr. Steve Mansfield, City Attorney, presented an application from a Patsy's Taxi Service to do business in Anacortes. Mr. Mansfield reported that the operator of the taxi service has been checked out by the police department and meets all licensing qualifications and requirements. Mr. Brown moved, seconded by Mrs. Smith, that the application be approved. Vote: Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Water Extension Request - Floyd Willette Mr. Jim Pemberton, Assistant Public Works Director, presented a request from Mr. Floyd Willette to extend an 8" waterline on Miller Road approximately 1,800 to 2,000 feetto serve a new residence he is building. Additionally, Mr. Willette is requesting a latecomer's agreement be attached to this extension. Mrs. Smith moved, seconded by Mr. Jackson, that the extension with latecomer's agreement be approved. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Utility Extension Agreement - The Pointe III Mr. Jim Pemberton, Assistant Public Works Director, presented an application from San Juan Fidalgo Properties, Inc. for a water extension to serve the Pointe division III. The extension proposed includes a booster pump station and a 60,000 gallon storage reservoir with related distribution pipelines and water services to serve 39 residential lots. Mr. Pemberton recommends approval of the proposal contingent on the developer providing an economic analysis of the cost of service. Mr. Rock so moved, seconded by Mr. Jackson. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Utility Extension Agreement/Street Improvement West 3rd Mr. Jim Pemberton, Assistant Public Works Director, presented a request to extend sanitary sewer, water and streets on West 3rd in the area between New York Avenue and Anacopper Mine Road. The request includes the attachment of a latecomer's agreement to the sewer extension. Mr. Pemberton recommended that the extension be approved but that discussion on the latecomer's agreement be tabled until after the June study session which has been scheduled to discuss the A Avenue latecomer agreement. Mr. Jackson so moved, seconded by Mr. Separovich. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. NWE Ordinance - Prohibiting Use of Compression Brakes Mrs. Smith moved, seconded by Mr. Lian, that an Ordinance entitled "An Ordinance of the City of Anacortes, Washington Prohibiting the Use of Compression Brakes in the City Except in Emergencies, Providing Penalties Therefore, and Authorizing the Director of Public Works to Post Appropriate Signs and Repealing Ordinance Nos. 1655A and 1779" be adopted and given Ordinance No. 2149. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mr. Dave Ford, Director of Public Works, reported on the overhauling of the breakers at a substation at the City of Anacortes water treatment plant. Mr. Ford described the steps taken to repair the breakers during the 12 -hour shut down of the plant. Announcements Mayor Rice announced that there would be an information meeting on the 11th of June to review Washington Park development. A study session is scheduled for the 25th of June to review the A Avenue latecomer's agreement. There being no further business, the Mayor adjourned the meeting at approximately 8:30 p.m. . a'Z��i /brg!e/Xhtaia/n/',/City Clerk -Treasurer James Rice, Mayor June 18, 1990 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bud Rock, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith. Minutes of Previous Meeting The minutes of the June 4, 1990 meeting were approved on a motion by Smith, seconded by Jackson. Vote: Ayes - Maxwell, Rock, Jackson, Separovich, Brown, Lian, Smith. Motion carried. There was no correspondence. The Council heard an appeal from Mr. Doug Colglazier who urged the Council to take Curtis Wharf into public ownership and develop it for park purposes. Mr. Bill Mitchell also spoke about the importance of retaining both the buildings and the dock. Old Business Mr. Maxwell moved that the Council rescind its approval of the Master Plan for Washington Park. The motion was seconded by Mr. Rock. Vote: Ayes - Rock, Jackson, Separovich, Brown, Lian, Smith, Maxwell. Motion carried. Also under old business, the Council considered an ordinance establishing the final assessment roll for LID 199. Mr. Jackson moved that Ordinance No. 2150 be adopted. The motion was seconded by Mr. Brown. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Maxwell, Rock. Motion carried. New Business Mayor Rice opened a public hearing on a proposal to vacate a portion of 8th Street. This request was submitted by Dr. Murray. Dr. Murray spoke about the need for continued bank stabilization for his home and highlighted the maintenance work that his family had put into the property over the years. Mrs. Margaret Murphy of 1020 E spoke to the fact that the Comprehensive Plan calls for the retention and public use of street -end property; she recommended denial. Mr. Ham Sandvig, a member of the Parks and Recreation Advisory Board, recommended that the property remain in public ownership for the public to use as a view point. Mr. Ross Barnes of 104 Harbor Lane seconded the comments of Mrs. Murphy and Mr. Sandvig: he opposed the vacation on the grounds that it was an important public view point that could be made into a pocket park. Mayor Rice continued the public hearing until Monday, June 25 at 7:30 p.m. in the Municipal Building Council Chambers. June 18, 1990 - continued The Council then considered seven bids received for the "A" Avenue Booster Station. They awarded the bid to the low bidder. This was Purchase Enterprises from Mukilteo, and the low bid was in the amount of $90,580 plus tax. This award was made on a motion by Mr. Brown, seconded by Mrs. Smith. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell, Rock, Jackson. Motion carried. The Council then decided to enter into a Consultant Service Agreement with Economic and Engineering Services in the amount not to exceed $34,723 for engineering services on a storm sewer separation project in the following location: the Broadway Addition, the Island View Addition, the Hillcrest Terrace Addition, and a small area between 7th and 8th Streets just east of Commercial Avenue. This action was taken on a motion by Mr. Separovich, seconded by Mrs. Smith. Vote: Ayes - Brown, Lian, Smith, Maxwell, Rock, Jackson, Separovich. Motion carried. The Council set a public hearing to consider the 1990 to 1996 Six -Year Transportation Improvement Program. This hearing is set for 7:30 p.m. on July 16th in the Municipal Building Council Chambers. This action was taken on a motion by Mr. Rock, seconded by Mr. Brown. Vote: Ayes - Lian, Smith, Maxwell, Rock, Jackson, Separovich, Brown. Motion carried. The Council then considered the final plat for Division 5 of Stitwood. After discussion, this final plat was approved on a motion by Mr. Lian, seconded by Mr. Brown. Vote: Ayes - Smith, Maxwell, Rock, Jackson, Separovich, Brown, Lian. Motion carried. On the Mayor's recommendation, the Council directed the Planning Commission to hold a public hearing on a proposal to amend the City's Comprehensive Land Use Plan to allow for the imposition of a 1/4 of 1% Real Estate Excise Tax for road improvements. The Mayor stated that this technical amendment to the Comprehensive Plan was necessary before the City Council could even consider the imposition of the 1/4 of 1% Real Estate Excise Tax authorized by the new State Growth Management Act. This direction to the Planning Commission was approved on a motion by Mr. Lian, seconded by Mrs. Smith. Vote: Ayes - M axwell, Rock, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Finally, the Council passed Resolution No. 1109 abandoning a 1924 easement in the Broadview Addition. This action was taken on a motion by Mr. Brown, seconded by Mr. Separovich. Vote: Ayes - Rock, Jackson, Separovich, Brown, Lian, Smith, Maxwell. Motion carried. At approximately 8:05 p.m. Mayor Rice continued the regular June 18th City Council Meeting to June 25th at 7:30 p.m. in the Municipal Building Council Chambers. Georgj)�;taia , City Clerk -Treasurer James Rice, Mayor June 25, 1990 - continued meeeting of June 18, 1990 The continued meeting of June 18, 1990, was called to order at 7:30 p.m. by Mayor Rice in the Anacortes City Council Chambers. Councilmen present were: Maxwell, Jackson, Separovich, Brown, Lian, Smith and Rock. 95s Mayor Rice reopened the continued public hearing on the application of Robert and Deanna Murray to vacate a portion of 8th Street in Anacortes. Margaret Murphy and Dick Threet spoke recommending against a vacation. Steve Colby, Director of Parks and Recreation Department, explained several options which the Council would have if they decided to vacate the property requested. One of those options included not vacating the easterly 15 feet of the subject property and condition the vacation on a provision that no structures be erected on the area being vacated. This would allow a visual viewpoint area for members of the public. City Attorney Mansfield explained the vacation process as well. Mayor Rice closed the Public Hearing. Smith moved to deny the vacation and her motion was seconded by Jackson and unanimously approved by the City Council With no further business to come before the continued Council meeting, meeting was adjourned into a study session. 96 0 June 25, 1990 - continued /Ii L. City Clerk -Treasurer Geor KhtAan, July 2, 1990 �� James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Closure of N Avenue between 7th and 8th Streets Mayor Rice presented a request from Ms. Teresa Nyeste for permission to close N Avenue between 7th and 8th streets on August 4, 1990 for an hour-long wedding ceremony. Mr. Brown moved, seconded by Mr. Jackson, that the closure be approved. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Minutes of Previous Meeting Mayor Rice stated that a correction had been made to the June 18, 1990 minutes. On Page 3, Old Business, the first line now reads, "Mr. Maxwell moved that the Council rescind its approval of the Master Plan for Washington Park." Mrs. Smith moved, seconded by Mr. Rock, that the minutes of June 18, 1990 be approved as corrected, and that the minutes of the June 25, 1990 meeting be approved. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Bid - Addition to Maintenance Facility Mayor Rice presented two bid proposals to construct a 20' x 60' addition to the west end of the existing Maintenance FAcility. 1] Quantum Construction, Inc. in the amount of $22,705.00, 2] Fisher & Sons, Inc. in the amount of $23,750.00. Mr. Jackson moved, seconded by Mr. Separovich, that the low bid of $22,705.00 submitted by Quantum Construction, Inc be accepted. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Utility Extension Agreement - 23rd West of D Avenue Mr. Dave Ford, Director of Public Works, presented two applications to extend utilities; 1] from Mr. Fred Byer to extend utilities on 23rd street from approximately C- Avenue to B Avenue. Mr. Byer has also asked for consideration for a latecomer's agreement. 21 from Mr. Norman Johnston to extend a 2" waterline on Johnston Lane which is a private road extending off of Highway 20 in the Dewey Beach area. Public Works recommends approval of this request with the conditions that the City be given a permanent easement over and across the privately platted road of Johnston Lane and that the City .be,_ psovided_-with as built drawings for the existing 2" line. Additionally,. Public..Works recommends that all costs incurred by the City in relocating a meter be paid by the applicant. Ownership of that existing line would also have to be signed over to the City by the owners. Mr. Brown moved, seconded by Mr. Jackson, that the request by Mr. Fred Byer be granted, but that decision on the latecomer's request be held in abeyance; and that Mr. Norman Johnston's request be granted subject to Public Works recommendations. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Brown, Lian. Motion carried. Payroll/Claims Vouchers - March, April, May Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. AS of this date, July 2, 1990, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: March: Payroll warrant numbers 15609 through 15909 in the total amount of $284,147.46 and Claims Warrant Numbers 17956 through 18327 and 17874 in the total amount of $646,906.25. April: Payroll warrant numbers 15910 through 16213 in the total amount of $285,974.98 and Claims Warrant numbers 18328 through 18666 in the total amount of $464,405.89. May: Payroll warrant numbers 16214 through 16519 in the total amount of $298,989.66 and Claims Warrant numbers 18667 through 18977 in the total amount of $756,890.18. July 2, 1990 - continued Ordinance - Establishing Penalties Mr. Steve Mansfield, City Attorney, presented an Ordinance to the Council establishing fines and penalties for failing to comply with any of the mandatory requirements of the ordinances of the City of Anacortes. Mrs. Smith moved, seconded by Mr. Brown, that the Ordinance be adopted and given Ordinance No. 2151. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Appointments Mayor Rice appointed Bret Lunsford and Paula Weir to the Museum Board. The Mayor also made the following appointments to the Washington Park Master Plan Committee: Chuck Williams, Chairperson; Ross Barnes; Margaret Yeoman; Bruce Rustad; Richard Kohler; Ho Taylor; Jim Augenstein; Louise Miner; Bill Jackson; Joe LeBlonda; and Terry Dorn. Mr. Separovich moved, seconded by Mr. Lian, to confirm the Mayor's committee selection. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Mayor Rice encouraged those citizens who have expressed an interest in the development of Washington Park to attend the Committee meetings. Mayor Rice announced that the Council would review latecomer agreements at the July 9th Study Session. There being no further business, the Mayor adjourned the meeting at 8:00 p.m. George/j� taia$; City Clerk Treasurer James Rice, Mayor July 16, 1990 Mayor Rice ca.Ued the meetin to order at 7:30 1p.jm. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Absent: Bill Jackson. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Lian, that the minutes of July 2, 1990 be approved as if read. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings - Correspondence There was no correspondence and no citizens present asked to testify on items not on the agenda. Rezone from Public Use to Residential Medium Density- North End of Volunteer Park The City Council unanimously recommended that the Planning Commission consider changing the zoning on the property generally described as the north end of Volunteer Park from Public to Residential Medium Density. Public Hearing - Conditional Use - Childs - W Avenue Mayor Rice opened the Public Hearing to take comments on a Conditional Use application submitted from Mr. and Mrs. Vic Childs to replace an existing residence with a new residence at 807 W Avenue. The property is within a Public Use District. Mayor Rice reviewed the Planning Commission recommendation to approve the application with the condition that a detailed layout and access issues be agreed upon with the Public Works Director and the Parks & Recreation Director. Discussion ensued regarding the issue of access, but Mayor Rice explained that a detailed layout and the access issue would be referred to the Park Board for recommendation to the City Council. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell moved, seconded by Mr. Separovich, that the Conditional Use application be approved. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Motion carried. Public Hearing - 1990-1996 6 -Yr. Transportation Improvement Program Mayor Rice opened a Public Hearing to take comments on the annual updating of the 6 -Year Transportation Improvement Program. Mayor Rice summarized the proposed projects as follows: 1] R Avenue on-ramp; 2] Anaco Beach Road; 3] D Avenue - 12th to 17th streets; 4] 4th Street, 6th Street and T Avenue (around secondary sewer plant); and 5] 4th 5th 6th and 7 streets - 110" to "Q" Avenue overlays. Mr. 961 9 6 2 July 16, 1990 - continued Les Johnson, 1137 Whistle Lake Road, submitted a copy of his letter to the Assistant Public Works Director, proposing the construction of 45th street from Heart Lake Road to A Avenue. Mr. Johnson's suggestion was made in light of the growth and development occurring in the south end of town. There were no further comments and the Mayor declared the Public Hearing closed. There were no additions, deletions or changes to the projects submitted for Council approval. Mrs. Smith moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Adopting a Revised and Extended Comprehensive Street Program" be adopted and given Resolution No. 1110. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich, Brown. Motion carried. Public Hearing - Capital Improvement Plan Mayor Rice introduced the Capital Improvement Plan and Public Works Trust Fund Loan Application authored by Northwest Small Cities Services. Mayor Rice explained that in order to submit an application, the Public Works Capital Improvement Plan must be in place for each of the utilities operated by the City. Mayor Rice then opened the Public Hearing for comments. Mr. Jack Collins of Northwest Small Cities Services summarized the development of the Plan including discussion on criteria for project selection and a system inventory. Mr. Bill Coleman, 4610 Anaco Beach Road, inquired about utilities and street improvement on Anaco Beach Road. There were no further comments and the Mayor declared the Public Hearing Closed. Mr. Collins expressed appreciation for the high quality staff support during the development of the C.I.P. Mrs. Smith moved to adopt the Capital Improvement Plan as presented. Mr. Brown seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Separovich, Brown, Lian. Motion carried. Appointments Mayor Rice announced that Diane Erholm has been reappointed to the Board of Adjustment; Maury Ruddell is moving and Rosemary Young will be replacing him on the Board of Adjustment; Doug Colglazier has been appointed to the Park Board to replace Chris Borgen. Bid Award for Water Department Utility Truck Mayor Rice presented two bids received for replacement of the water department utility service truck 4114: 1] Seatac Ford, $22,116.18; 2] Frontier Ford/Allied Body, $18,999.70. Mayor Rice informed the Council that the price spread between the two bids could be reduced if Frontier is unable to provide a 1990 chassis; however, any price increase would probably not exceed the Seatac bid. Mr. Rock moved, seconded by Mr. Lian, that the Frontier Ford/Allied Body bid in the amount of $18,999.70 be accepted. Vote: Ayes - Rock, Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Centennial T-shirts Mrs. Smith announced that Centennial T-shirts and sweatshirts are now available. Mayor Rice announced that the next Council meeting would be on August 6, 1990. There being no further business, the mayor adjourned the meeting at 8:15 p.m. 4 -CPI Geo e KhtAan, City lerk-Treasurer James Rice, Mayor August 6, 1990 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Jackson, that the minutes of July 16, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Request from Eagles - Salmon Bar-b-Que Mayor Rice presented a request from the Eagles Lodge 44249 to close 7th Street from Commercial to Q Avenue and the -parking strip on the east side of the Eagles building. The closure is requested for the annual Salmon Bar-b-Que on the 17th, 18th and 19th of August. Mrs. Smith moved, seconded by Mr. Rock, that the requested be approved. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. August 6, 1990 - continued Appointment to Park Board Mayor Rice announced that Mr. Bob Berry has been appointed to replace Zoanne Hyland on the Parks & Recreation Advisory Commission. Citizen Hearings - Correspondence There was no correspondence and no citizens present asked to testify on items not on the agenda. County Hazardous Waste Plan - Regional Transportation Planning Mayor Rice introduced Mr. Bob Ruby, Executive Director of SCOG. Mr. Ruby reported on the development of the Local Hazardous Waste Management Plan. Skagit Public Works and Skagit Council of Governments are working to draft this plan for all incorporated and unincorporated Skagit County. Mr. Ruby emphasized that the plan will focus on the disposal of household waste with the goal of reducing the amount of toxic materials entering the waste stream. Mr. Ruby further reported on the legislation authorizing the establishment of Regional Transportation Planning Orginations (RTPO'S). Mr. Ruby explained that the Growth Management Act, House Bill 2929, declares the state's interest in developing a statewide program for regional transportation systems. Mr. Separovich moved, seconded by Mr. Jackson, that the City of Anacortes be represented in the planning program for regional transportation systems and facilities. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Bid Award - Combined Sewer Separation Project The Mayor reviewed the two bids received for the combined sewer separation project in the Hillcrest Terrace Addition, Broadview Addition and Island View Addition to the City of Anacortes, and the separation of storm sewer from the sanitary sewer in the alley between 7th and 8th streets east of Commercial Avenue. A bid was received from Karnack Construction, Inc. of Bothell in the estimated amount of $90,181.20 and the other from Lee Johnson & Sons Construction, Inc. of Coupeville in the estimated amount of $135,008.00. Staff recommends entering into a contract with Karnack Construction of Bothell, Washington in the estimated amount of $90,181.20 contingent on DOE approval. Mr. Brown so moved, seconded by Mr. Lian. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Public Hearing— SEPA Ordinance Amendment The Mayor opened the Public Hearing on a proposal to amend the City's State Environmental Policy Act (SEPA) procedures to declare the City of Anacortes Water "Future Service Area" outside the City limits as an Environmentally Sensitive Area where only water lines of four inches or less in diameter are "categorically exempt" from SEPA review. Mr. Munce explained to the audience and Council that the proposed change would add the opportunity to review projects from a development/planning viewpoint as well as from a technical standpoint. After Mr. Munce answered questions from the audience the Mayor declared the Public Hearing closed. Mrs. Smith moved, seconded by Mr. Lian, that the amendment to the SEPA procedures be adopted. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Public Hearing - Zoning Ordinance Amendment - Judicial Appeals Mayor Rice opened the Public Hearing on a proposal to add a time limitation for Judicial Appeals to the City zoning and subdivision ordinances. Mr. Ian Munce, Planning Director, explained that the zoning ordinance does not have a provision for time limit on filing appeals. Mr. Munce reviewed the Planning Commission's recommendation that appeal action must be filed within thirty (30) days of the date of the action from which the appeal is taken. The Council reviewed a Memorandum from Mr. Steve Mansfield, City Attorney, recommending a fourteen (14) day appeal period. Mr. Les Johnson, 1137 Whistle Lake Road, spoke in favor of a 30 -day appeal period. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Maxwell moved, seconded by Mr. Separovich, that the Zoning Ordinance be amended to include a 30 -day time limit for judicial appeals regarding City Zoning and Subdivision Actions. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - Replat - Peters 1st Addition - 41st Street & 0 Avenue Mayor Rice opened the Public Hearing to review an application made by Roy and Eric Christensen to replat Peters 1st Addition located at the intersection of 0 Avenue and 41st Street. The proposal is to replat this subdivision into 14 lots with access from 41st Street. Public Works staff reported that the applicants have provided the City with additional right of way from the plat for 0 Avenue and 41st Street. In addition, they have provided necessary easements for storm drainage and other utilities. A Public Works Memorandum to the Council recommends that the proposed replat be approved by the City Council. The 960 96 4 August 6, 1990 - continued proceedings are on tape and filed at City Hall. Mr. Roy Christiansen discussed the negotiations already held with the affected property owners. Several neighbors spoke from the audience expressing concern over drainage, property lines, emergency vehicle access and future development. After lengthy discussion, the Mayor declared the Public Hearing closed. Mr. Separovich moved, seconded by Mrs. Smith, that the replat be approved and that the applicant bring before Council and City Engineer for final plat approval. Mr. Maxwell recommended that a condition be attached that the northern property boundary be surveyed. Mr. Separovich, after withdrawing his first motion, moved to approve the Replat of Peter's lst Addition with the condition that a survey be completed to the satisfaction of all parties. The motion was seconded by Mr. Jackson. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Ordinance Prohibiting Parking of Boat Trailers - 9th Street Mayor Rice read an Ordinance that would not allow a vehicle or trailer to be parked on the west side of Q Avenue from 13th Street to 14th Street and would prohibit parking of a trailer on 9th street from Q Avenue to R Avenue and on R Avenue from 7th street to 9th Street. Mr. Rock moved, seconded by Mr. Lian, that an Ordinance entitled " An Ordinance Regulating Parking Along Certain Streets and Avenues Within the City of Anacortes" be adopted and given Ordinance No. 2152. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Ordinance - Prohibiting Depositing Garbage in Container of Another Mayor Rice read an Ordinance that prohibits anyone from placing refuse of any kind in any garbage container not owned by him. Mr. Maxwell moved, seconded by Mr. Brown, that an Ordinance entitled "An Ordinance Prohibiting Depositing of Garbage, Refuse, Rubbish, or other Substances in a Garbage ,'Container of Another without Obtaining Permission, Providing Penalties, and Constituting Section 8.04.161 and 8.04.162." be adopted and given Ordinance No. 2153. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Supplemental Agreement - 32nd Street Consultant Services Mr. Jim Pemberton, Assistant Public Works Director, presented a request from Entranco Engineers for a supplemental agreement for the 32nd Street Improvement Project in the estimated amount of $17,524. Mr. Pemberton explained that the supplement would compensate Entranco for including field design changes for the intersection of M Avenue and 32nd Street and additional surveying associated with right of way acquisition. Mr. Pemberton further explained that additional costs were incurred due to request made by the City to delay final paving. Additionally, Mr. Pemberton said that the added costs would be submitted to the Transportation Improvement Board for possible funding. Mr. Jackson moved, seconded by Mrs. Smith, to approve the supplemental agreement with Entranco in the amount of $17,524. Vote: Ayes - Brown, Lian, Smith, Maxwell, Jackson, Separovich. No - Rock. Amend Subdivision Code - PUD Section Mr. Ian Munce, Planning Director, discussed the language in the Zoning and Subdivision Ordinances with regard to Planning Commission/ Council approval for Planned Unit Developments. Mr. Munce stated that one way to eliminate ambiguity between the two Ordinances would be to hold a public hearing to amend the Subdivision Ordinance to specify that it is the City Council that has final approval of preliminary development plans. Mrs. Smith so moved, seconded by Mr. Brown. Vote: - Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Storm Drainage Meeting Mr. Dave Ford, Director of Public Works, reported that the State legislature has approved regulations with regard to storm drainage throughout the state of Washington. DOE is developing a maintenance manual dealing with storm water. Mr. Ford discussed the additional costs and regulations that cities will be faced with when implementing the new regulations. Mayor Rice announced that the Study Session would be on August 13th. Topic for discussion will be reorganization of the Public Works Department. Executive Session At 9:00 p.m. Mayor Rice announced that the Council would convene in executive Session to discuss union negotiations. At 9:30 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. Georg Khtatan, City Clerk -Treasurer James Rice, Mayor August 20, 1990 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Tom Lian, Helen Smith. Absent: Bud Rock. Mr. Ken Brown arrived at approximately 7:45 p.m. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Lian, that the minutes of August 6, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Lian, Smith, Maxwell. Motion carried. Ordinance - Amending SEPA Ordinance Mayor Rice explained that the Council had previously approved an amendment to the City's SEPA procedures declaring the City of Anacortes Water Future Service Area outside the City limits as an Environmentally Sensitive Area where only water lines of 4 inches or less in diameter are "categorically exempt" from SEPA review. Mr. Ian Munce, Planning Director, further explained the advantages of this amendment. Mr. Lian moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Amending Ordinance #2136 by Identifying Environmentally Sensitive Areas under the City of Anacortes SEPA Procedures" be adopted and given Ordinance No. 2154. Vote: Ayes - Separovich, Lian, Smith, Maxwell, Jackson. Motion carried. Ordinance - Amending Zoning Ordinance - Judicial Appeals Mayor Rice stated that this Ordinance will be before the Council on September 4, 1990. Resolution - Setting Public Hearing Date - Vacation 1st Plat to Ship Harbor Mayor Rice presented a Resolution to Council setting September 17th as the Public Hearing date on a petition to vacate certain streets and alleys in FIRST PLAT OF SHIP HARBOR. Mr. Steve Mansfield, City Attorney, provided background information on the vacation request. Mr. Lian moved, seconded by Mr. Maxwell, that the Resolution be adopted and given Resolution No. 1111. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Separovich. Motion carried. New Sewer Rate Review Mayor Rice discussed the recommendations of the Sewer Rate Review Committee. Mayor Rice said that the committee had met several times with consultants and staff. The Mayor and Council then discussed residential rates, septic waste charges, RV dumping and hookup fees. Mr. Separovich said he is concerned for customers on a,fixed income. Mr. Jackson expressed appreciation to the committee for their work. Mayor Rice stated that an Ordinance reflecting the new rates would be before the Council at the September 4th meeting. New Job Descriptions - Public Works Department Mr. Maxwell moved, seconded by Mr. Lian, that the new job descriptions, Director of Public Works/City Engineer and Director of Engineering/Development Services Department be approved. Vote: Ayes - Smith, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. T.V. Camera Inspection System Purchase Mayor Rice announced that the City of Anacortes entered into a joint bid with the City of Sedro Woolley for the purchase of a T.V. camera inspection systems for sanitary sewer and storm drain inspections. The low bid was from Flexible Systems in the amount of $42,699. Mrs. Smith moved, seconded by Mr. Brown, to accept the low bid from Flexible Systems in the total amount of $42,699. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Vacation - Portion of 30th Street East of "D" Avenue Mayor Rice presented a Resolution setting September 17, 1990 as the Public Hearing date on a petition to vacate a portion of 30th Street East of "D" Avenue. Mr. Jackson moved, seconded by Mr. Separovich, that the Resolution be adopted and given Resolution No. 1113. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Maxwell. Motion carried. Resolution - Revised Lease Agreement - City and Oak Harbor Boat Works Mr. Ian Munce, Planning Director, presented an overhead display of the Oak Harbor Boat Works and Development Ventures projects in the Urban Renewal Area. Mr. Munce explained that Oak Harbor was agreeable to changing their Corps Permit to 965 August 20, 1990 - continued 966 assist Development Ventures securing their Corps Permit first. However, Oak Harbor wanted to pursue their original plan once Development Ventures had their permit issued. Additionally, Oak Harbor wanted a two month delay in their effective date of their lease in order to accomplish the requested changes in their Corps Permit application. After discussion, Mrs. Smith moved, seconded by Mr. Jackson, that the Resolution entitled "A Resolution Repealing Resolution No. 1102 and Authorizing a Revised Lease Agreement by and between the City of Anacortes and Oak Harbor Boat Works" be adopted and given Resolution No. 1102. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell, Jackson. Motion carried. Recycling Drop Sites Mayor Rice announced that two recycling sites will be available beginning September 8th - one at the Maintenance Facility and the other across the street from City Hall. The City has purchased two compartment trailers that will hold tin cans, clear green and brown glass and magazines. The City will also accept tin cans, milk jugs, newsprint and soft drink bottles. Mayor Rice explained the conditions under which the materials will be accepted. Mayor Rice encouraged Councilmembers and citizens to support the volunteers on September 8th. Also, the Mayor has requested that as of the first of the year, the Boxing Club vacate the storage building across from City Hall - if the recycling program is successful, that space will be needed for storage. The Mayor announced that he would be gone from September 2nd through September 22nd. Mayor Pro -Tem Bud Rock will preside during that time. There being no further business, the meeting was adjourned at 8:10 p.m. Geor KhtajXn, CityVTreasurer September 4, 1990 A� James Rice, Mayor Mayor Pro -Tem Rock called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Bill Jackson, Ray Separovich, Bud Rock, Ken Brown, Tom Lian, Helen Smith. Absent: Dean Maxwell. Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Jackson, that the minutes of August 20, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Rock, Brown, Lian, Smith. Motion carried. Mayor Rock read a Proclamation naming Wednesday, September 5, 1990 as United Way Day. Citizen hearings - Correspondence There was no correspondence and no citizens present asked to testify on items not on the agenda. Ordinance - Adopt New Sewer Rates Mr. Dave Ford, Director of Public Works, reviewed the previously approved sewer rate increases. Mr. Separovich asked if the Ordinance could be adopted for one year only. Mr. Nick Petrish spoke from the audience and asked if it would be possible to have a yearly review of rates. Mr. Steve Mansfield, City Attorney, stated that Ordinances can be amended at any time and that the Council retains the authority to reduce rates. The purpose for establishing a long-term rate structure was discussed; septage rates were also reviewed. Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance establishing monthly rates and charges for the use and furnishing of the services of the sanitary sewage system of the City be adopted and given Ordinance No. 2155. Vote: Ayes - Rock, Brown, Lian, Smith, Jackson. No - Separovich. Motion carried. Ordinance - Amend Zoning Code - Judicial Appeals Mr. Steve Mansfield, City Attorney, stated that the Ordinance would be held over until the September 17th meeting. Public Hearing - Land Trade - Childs - 807 W Avenue Mayor Rock opened the Public Hearing on a proposal between the City of Anacortes and Mrs. and Mrs. Vic Childs to trade an existing 30 x 50 lot on the west end of the Child's property for a 30 x 50 lot on the east end of their property. Mrs. September 4, 1990 - continued Betty Childs discussed the driveway guidelines and setback requirements that they would observe in the construction of their new home. Mr. Dave Ford, Director of Public Works stated that the with the acquisition of the west 30 feet, the City could enhance safety to traffic by straightening the curvature of the' road to Cap Sante Park. Mr. Gary Robinson, Assistant Director of Parks and Recreation, discussed the existing access. Mr. Nick Petrish stated that he was opposed to giving away City Park land. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Smith moved, seconded by Mr. Jackson to approve the lot for lot exchange, that the existing access and platted alley be used for access and that the lot acquired on the west end be held for future roadway purposes. Vote: Ayes - Brown, Lian, Smith, Jackson, Separovich, Rock. Motion carried. Surplus Property - Museum Mr. Tim Boles, Museum Director, gave a brief history of artifact collection for the Museum. Mr. Boles spoke specifically of artifacts located on the 3rd floor of City Hall. With the remodeling of the 3rd floor of City Hall, the chairs, fixtures and non -collection items stored there need to be disposed of. Mr. Boles said that dealers of used items would probably most interested in purchasing these items. Mr. Jackson moved, seconded by Mr. Lian, that the surplusing of items be approved. Vote: Ayes - Brown, Lian, Smith, Jackson, Separovich, Rock. Motion carried. Mayor Rock requested that the Council be presented with a list of the larger items before publication in the newspaper; Mr. Separovich requested that the Museum Board have the opportunity to review the list of items to be sold/surplused. Resolution - Pointe I - Water Service Mayor Rock presented a Resolution to the Council acknowledging final acceptance of the Pointe I and Lots 10 and 11, Division 10, San Juan Rancho Del Mar water services. The Resolution is necessary for the record to officially acknowledge assumption of these water services. Mr. Brown moved, seconded by Mr. Jackson, that the Resolution be adopted and given Resolution No. 1114. Vote: Ayes - Lian, Smith, Jackson, Separovich, Rock, Brown. Motion carried. Disposal of Fire Truck Fire Chief Cecil Little informed the Council that he is in receipt of payment in the amount of $3,500 for 1961 American LaFrance firetruck. Mr. Separovich moved, seconded by Mr. Brown to approve the sale of the truck in the amount of $3,500.00. Vote: Ayes - Smith, Jackson, Separovich, Rock, Brown, Lian. Motion carried. Ordinance - Prohibiting Parking Along Portion of 30th Street Mayor Rock presented an Ordinance to Council that would prohibit parking along 30th street from the east line of T Avenue to eastward to the end of 30th Street. Mr. Jackson moved, seconded by Mrs. Smith, that the Ordinance be adopted and given Ordinance No. 2156. Vote: Ayes - Smith, Jackson, Separovich, Rock, Brown, Lian. Motion carried. Resolution - Recognizing Property Donation - Guemes Channel Park Mayor Rock announced that this Resolution would be before the Council on the 17th of September. Proposed Rezone In reference to a memo to the Council from Ian Munce, Planning Director, Mr. Brown moved that the City Attorney research the guidelines of the Growth Management Act with regard to rezones so that anyone petitioning for a rezone would not have to have to wait for such a long period of time to have their petitions heard. Motion was seconded by Mr. Jackson. Vote: Ayes - Jackson, Separovich, Rock, Brown, Lian, Smith. Motion carried. Mayor Rock stated that there would be a Study Session on the 10th of September and that the Recycling drop site would be open on the 8th of September. There being no further business, the meeting was adjourned at 8:35 p.m. Geor hta,i/(an, City Clerk -Treasurer James Rice, Mayor 967 968 September 17, 1990 Mayor Pro -Tem Rock called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Bud Rock, Ken Brown, Tom Lian, Helen Smith. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Brown, that the minutes of September 4, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Rock, Brown, Lian, Smith, Maxwell. Motion carried. Correspondence/Citizen Hearings There was no correspondence and no citizens present asked to testify on items not on the agenda. Ordinance - Amending Zoning Code- Judicial Appeals Mrs. Smith moved, seconded by Mr. Separovich, that an Ordinance entitled "An Ordinance Adding Section 17.08.090 to the Official Code Providing a Time Limit for Filing Notice on Judicial Appeals" be adopted and given Ordinance No. 2157. Vote: Ayes - Separovich, Rock, Brown, Lian, Smith, Maxwell, Jackson. Motion carried. Resolution - Recognizing Property Donation - Guemes Channel Park Mayor Rock stated that this Resolution would be held over to the October 1, 1990 meeting. Ordinance Designating Name for Park Area East of "R" Avenue Mayor Rock read an Ordinance entitled "An Ordinance Designating that Certain Area Generally Located to the East of "R" Avenue and Lying Between 6th Street and 9th Street on Which is Situated the 'Preston' as the Jim Rice Civic Park." Mr. Separovich moved, seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2158. Vote: Ayes - Rock, Brown, Lian, Smith, Maxwell, Jackson, Separovich. Motion carried. Approval of Services During Construction Contract; Replacement of Waterline Mr. Mike Foster, Superintendent of Operations, reviewed the circumstances leading up to the replacement of the 4th street waterline from the intersection of 4th street and "R" Avenue east to 4th Street and "T" avenue, south to 6th Street and "T" Avenue and west to 6th Street and "S" Avenue. Mr. Foster recommended due to the complexity and time constraints of the completion of the secondary sewer treatment plant and the replacement of the streets when the plant is done, that the waterline be replaced now. Additionally, Mr. Foster recommended that CH2MHill be retained for engineering services during the replacement of the water line. Mr. Foster presented a contract to the Council stating the scope of services with the estimated total cost of $29,989 for those services. Mr. Jackson moved, seconded by Mrs. Smith, that 'the Contract be approved. Vote: Ayes - Brown, Lian, Smith, Maxwell, Jackson, Separovich, Rock. Motion carried. Public Hearing - Vacation - Portion of 30th Street - Harris Mayor Rock opened the Public Hearing to take comments on a request to vacate the alleys in Blocks 4 and 5, KELLOGG & FORD'S ADDITION and the north and south 15 feet of 30th Street lying between Blocks 4 and 5. Mr. Jim Pemberton, Director of Engineering Services, stated that the petitioner has come before the Council with a request to vacate to accommodate setback problems with existing structures, etc. Mr. Pemberton said, in reviewing staff comments, that on 30th street with the vacation of the 15' feet, the City would still have a minimum of 50' of right of way to serve the acreage to the east. Mr. Mike Harris, one of the petitioners, reviewed his construction plans for the property. Mr. George Mehler, 1820 32nd Street, owner of the acreage to the east of the subject property, had no objection to the street vacation, but wanted assurances from the Public Works Department that utility development would not be adversely affected by vacating those alleys. Mr. Pemberton also mentioned that one of the petitioners lives in California but has been in touch with both the Engineering and Planning departments. There were no further comments and the Mayor declared the Public Hearing closed. The Council discussed the overall philosophy toward granting vacation requests. Mr. Separovich moved, seconded by Mr. Brown, to table decision on this vacation request to the October 1st meeting. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Separovich, Rock, Brown. Motion carried. Mr. Harris will provide a more detailed drawing of his property to the Council. Public Hearing Request - Heckard - et al Mayor Rock opened the Public Hearing to take comments on a petition to vacate certain streets and alleys in the Ship Harbor addition north of Sunset Avenue and west of Ferry Terminal Road. Mr. Jim Pemberton, Director of Engineering September 17, 1990 - continued Services, stated that the petition involves 6 separate property owners. Mr. Pemberton explained that it is the position of these property owners, together with their attorney, William Nielsen, that these streets are already vacated by default according to an early 1900's statute. Mr. Pemberton reviewed the impact on development and utilities that the vacations would have. Staff's recommendation is that Council consider granting the vacations with the exception of limiting the vacation of that portion of B Avenue adjacent to Lot 16, Block 6 to 30 feet. Mr. Pemberton further presented a range of property values in determining the fee should the Council grant the vacations. Mr. Pemberton recommended that the fee not be waived, but that the lesser value be used. City Attorney Steve Mansfield stated that the incorporation of the City voided the original statute so that there is no automatic vacation by non -user. Mr. Nielsen, attorney for petitioners, reviewed the lawsuit against the City, and recommended that in order to avoid lengthy and costly court battle, the City vacate these streets and waive the fees. Mr. Nielsen said that handling the matter in this way would ensure that private citizens in this area would receive the same benefits as the Department of Transportation did in the building of the Ferry Terminal parking lot. Mr. Nielsen guaranteed the Council that the lawsuit would be dropped if the Council disposed of this matter through the vacation process. Marilyn Votaw, 2611 Shannon Point Road, pointed out that if vacated, the property would become taxable and an additional source of revenue. There were no further comments and the Mayor declared the Public Hearing closed. The proceedings are on tape and filed at City Hall. Mrs. Smith moved, seconded by Mr. Separovich, that the vacation requests be granted as submitted with the exception that only the south 30' of B Avenue adjacent to Lot 16, Block 6 be vacated leaving a 50' right of way and that the value be set at 17 cents a square foot. Vote: Ayes - Smith, Separovich, Brown, Lian. No - Maxwell, Jackson. Abstain: Bud Rock. Motion carried. Public Hearing - Conditional Use - Mt. Erie School Mayor Rock opened the Public Hearing to consider a Conditional Use application to allow for a 20,000 square foot addition to the Mt. Erie Elementary School generally located at 41st and M Avenue. Mr. Ian Munce, Planning Director, submitted "Findings of Fact and Conclusions of Law" which summarizes zoning code requirements, public hearing procedures, comprehensive plan goals, conclusions and decision with regard to this project. Mr. Munce explained that the Planning Commission had recommended approval subject to seven conditions. Mr. Munce said that the conditions were fairly standard with the exception of an erosion control and sedimentation plan and storm sewer analysis requirement. Mr. Marc Estvold, architect for the School District, described the proposed addition. Mr. Munce stated that he had received two letters of comment; one letter requesting a fence around entire play area and one letter commenting on school district operations in general. John Watson, 1215 41st Street, questioned the placing of a school in a rural area and would like to see a solid fence around the playground area. Gerald Shelton, 1408 41st Street, commented on the school's inadequate parking and asked if any of buffer of trees would be cut down. Mr. Estvold said there were no plans to clear cut. Mr. Walter Prange, 1501 41st Street, recommended putting parking area at the back of the school instead of on 41st. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell moved, seconded by Mr. Jackson, to adopt the Findings of Fact subject to the seven conditions recommended by the Planning Condition and adding an eighth condition: "A tree buffer constructed along the eastern boundary of the established playground area." Mr. Bob Knorr, principal of Mt. Erie School, stated that they are currently pursuing putting a border of trees as a solution to the neighborhood playground disturbances. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Rock, Lian, Smith. Motion carried. Public Hearing - Conditional Use - Anacortes High School Mayor Rock opened the Public Hearing to take comments on a Conditional Use application submitted by the School District to build a 13,000 square foot addition to the High School. Mr. Ian Munce, Planning Director, presented the "Findings of Fact and Conclusions of Law" and reviewed the Planning Commission recommendations. Mr. Munce stated that the primary issue raised at the Planning Commission hearing was parking in the surrounding neighborhood. The Commission recommended approval of the application and adoption of Findings of Fact with four conditions. Mr. Marc Estvold, architect, reviewed the proposal to add an auxiliary gym to the north of the existing gym and discussed the parking lot September 17, 1990 - continued 970 adjustments. Mr. Estvold requested relief from the storm sewer analysis condition, stating that there would be no changes to impervious surfaces. Mr. Munce explained that the analysis required would be reviewed by Mr. Jim Pemberton, Director of Engineering and Development Services for determination on on-site biofiltration treatment and detention. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Brown moved, seconded by Mr. Jackson, to adopt Findings of Fact and Conclusions of Law with four conditions and to grant the Conditional Use Application. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Urban Renewal/Performance Deadline Extension (1) Ruzich (2) Woolworth Mr. Ian Munce, Planning Director, reviewed two requests for deadline extensions for two projects in the Urban Renewal Area. Mr. Munce explained that Mr. Vito Ruzich has already been granted two extensions and recommended that the request to change the date for operating a boatbuilding facility on the property from September 30, 1990 to September 30, 1991 be granted with the proviso that no more time extensions be allowed. Mr. Separovich moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution Amending Resolution No. 1084 dated January 2, 1990 Authorizing a Real Estate Sales Agreement by and between the City of Anacortes and Hydraulic Fishing Supply, Inc." be adopted and given Resolution No. 1115. Vote: Ayes - Rock, Brown, Lian, Smith, Maxwell, Jackson, Separovich. Motion carried. Mr. Brown moved, seconded by Mr. Maxwell, that the request by Ron Woolworth for a one -year -only extension (from September 30, 1990 to September 30, 1991) to construct a 10,000 square foot building be approved by Resolution No: 1116. Vote: Ayes - Brown, Lian, Smith, Maxwell, Jackson, Separovich, Rock. Motion carried. Sphere of Influence Agreement with Skagit County Mr. Ian Munce, Planning Director, reviewed the proposed agreement with Skagit County calling for the joint review of governmental policy and private projects so as to identify and mitigate adverse impacts and to encourage coordinated planning efforts. Mr. Munce explained that the agreement also states that City of Anacortes development standards will be used. Mr. Separovich moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Reaffirming and Expanding the Adopted Sphere of Influence Agreement between Skagit County and the City of Anacortes to Address the Requirements of the Growth Management Act of 1990" be adopted and given Resolution No. 1117. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Separovich, Rock, Brown. Motion carried. Ordinance - Revision to Land Use Permit Fee Schedule Mr. Ian Munce, Planning Director, reviewed an Ordinance that would substantially increase fees charged for certain permit applications. Mr. Munce explained that the new State Law passed in July of this year requires that the City reach Findings of Fact on all land use permits. Compliance with this Law will require a substantial increase in staff time per permit application. After discussion, Mr. Jackson moved, seconded by Mrs. Smith, that an Ordinance entitled "An Ordinance Repealing Ordinance No. 2032 and Revising the Fee Schedule for the City of Anacortes for Applications for Certain Administrative Actions." be adopted and given Ordinance No. 2159. Vote: Ayes - Smith, Maxwell, Jackson, Separovich, Rock, Brown, Lian. Motion carried. Bid Proposal for Pavement Overlays Mr. Jim Pemberton, Director of Engineering Services, reviewed responses to request for bid proposals to remove existing pavement and overlaying with asphalt concrete for 5th, 6th and 7th streets between "0" Avenue and "Q" Avenue. The only bid response was from Lakeside Industries in the amount of $70,400. The City's estimate for construction was $76,802. Mr. Pemberton also noted that the City is also preparing for a water line extension on 6th street which may or may not conflict with this paving schedule. An alternate bid item was included in the proposal for remobilization should a delay be requested. Mayor Rock inquired if the removal of the building on 5th street would interfere with the paving. Mr. Maxwell moved, seconded by Mr. Separovich, to accept the Lakeside Industries bid in the amount of $70,400. Vote: Ayes - Maxwell, Jackson, Separovich, Rock, Brown, Lian, Smith. Motion carried. Executive Session At 9:00 p.m. Mayor Rock announced that the Council would convene in executive session to discuss a land transaction. At 9:30 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. September 17, 1990 - continued George K taia , City C erk-Treasurer October 1, 1990 fJames Rice, M yor r� t Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Absent: Bill Jackson. Minutes of Previous Meeting The Minutes of September 17, 1990 will be available for approval at the next meeting. Correspondence/Citizen Hearings - Nelbro Traffic Update Mr. Ian Munce, Planning Director, reported on the penalties imposed on Nelbro Packing Co. for being out of compliance with City Ordinances. Nelbro has the opportunity to appeal the decision to the City Council during the 30 day appeal period. Mr. Munce recommended that no action or input be taken during the appeal period as the Council will be acting in a judicial capacity should an appeal be filed. Police Chief Lippe also reported on public safety action taken to date. Resolution - Recognizing Property Donation - Guemes Channel Park Mayor Rice said that this Resolution would be available at the next regularly scheduled Council Meeting. Memorandum - Board of Adjustment/Recommendation - Street/Alley Vacations Mayor Rice presented a Memorandum from the Planning Director recommending that the Board of Adjustment review all street and alley vacation petitions. Mrs. Smith moved, seconded by Mr. Separovich, that the Board of Adjustment be requested to consider all street and alley vacations under their "hardship criteria" and to make written recommendations to the City Council for their public hearing. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Decision - Vacation - Portion of 30th Street - Whitcher/Harris Mayor Rice reviewed the September 17th public hearing held to consider vacating a portion of 30th street lying east of D Avenue and the alleys in the blocks immediately north and south of 30th street. The Council agreed that the alley vacation requests and the request from Mr. Whitcher to vacate 15' of 30th Street did not meet any hardship criteria; however, Council discussed Mr. Harris' need for property setback conformance. Councilmembers again discussed their reluctance to vacate City right-of-way. Mr. Separovich moved, seconded by Mrs. Smith, that the South 7 feet of 30th Street abutting Block 5, KELLOGG & FORD'S ADDITION be vacated. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Motion carried. Public Hearing - Amendment to Subdivision Ordinance - PUD Mayor Rice opened the Public Hearing to take comments on proposed changes in the Subdivision Code - Planned Unit Developments. Mr. Ian Munce, Planning Director, reviewed the Planning Commission recommendations to: change Section 16.40.050, Sub -Sections "C" and "E"; and no change to Section 16.40.140. Mr. Munce said that the revision was necessary due to an ambiguity in the Zoning and Subdivision with regard to City Council/Planning Commision PUD approval. Mr. Munce requested that the Public Hearing be continued to October 8th to allow more time for public review and input. There were no further comments and the Mayor continued the Public Hearing until October 8, 1990. 1991 Property Tax Levy Estimates - Resolution Mayor Rice presented a Resolution to the Council authorizing the City Clerk to transmit a Budget/Levy Request to the County Commissioners stipulating 9,71 October 1, 1990 - Continued 972 preliminary estimates of $1,562,295 for 1991. Mr. Brown moved, seconded by Mr. Lian, that a Resolution entitled "A Resolution Authorizing Preliminary Property Tax Levy Estimates to be Submitted to Skagit County Commissioners" be adopted and given Resolution No. 1118. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich, Brown. Motion carried. Claim/Payroll Vouchers - June, July, August Vouchers audited and certified 'by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, October 1, 1990, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: June: Payroll warrant numbers 16520 through 16840 in the total amount of $314,725.35 and Claim Warrant Numbers 18978 through 19433 in the total amount of $1,397,688.00. July: Payroll warrant numbers 16841 through 17158 in the total amount of $315,253.28 and Claims Warrant Numbers 19434 through 19818 in the total amount of $1,228,690.77. August: Payroll warrant numbers 17159 through 17484 in the total amount of $323,710.68 and Claims warrant numbers 19819, through 20212 in the total amount of $1,267,964.01. LID 197/199 Bond Issue - Ordinance Mr. George Khtaian, Finance Director, presented a Bond Ordinance authorizing the issuance of bonds for LIDs 197/199 and a Bond Purchase Agreement prepared by Piper, Jeffray & Hopwood. I Mr. Khtaian explained the Bond Ordinance devlopment. Mr. Separovich moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance relatingl to local improvement districts; establishing Consolidated Local Improvement 'District No. 197/199 and Consolidated Local Improvement Fund, District No. 197/199; fixing the amount, form, date, interest rates, maturity and denominations of the Consolidated Local Improvement District No. 197/199 Bonds; providing for the sale and delivery thereof to Piper, Jaffray & Hopwood Incorporated in Seattle, Washington; and fixing the interest rate on local improvement district assessment installments" be adopted and given Ordinance No. 2160. The motion included acceptance of the Bond Purchase Agreement relating to Consolidated Local Improvement Districts Nos. 197/199. Vote: Ayes - Rock, Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Authorizing Execution of Quit Claim Deed - Childs Mayor Rice presented a Resolution to the Council that reflects previous action taken by Council to execute a land trade between the City of Anacortes and Vic and Betty Childs. Mrs. Smith moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Authorizing and Directing the Mayor and City Clerk to Execute a Quit Claim Deed to Lot 5, Block 35 of an Addition" be adopted and given Resolution No. 1119. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith, Rock. Motion carried. Waiver Request - 24th Street Mayor Rice announced that this item has been removed from the agenda. Bid Award - Boat - Police Department Police Chief Lippe presented background information on the calling for and receipt of bids for a boat for the Marine Patrol of the Anacortes Police Department. Chief Lippe reviewed the potential benefits from use of the Marine Patrol Boat. Mr. Separovich inquired as to how the boat could help promote public safety. Mr. Nick Petrish expressed opposition to the purchase of the boat. After discussion, Mrs. Smith moved, seconded by Mr. Lian, to accept the bid proposal submitted by Yeager's Incorporated, Bellingham, Washington, in the amount of $31,349.50 for a 1991 Stratos 2250WA boat, motor and trailer. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell. No - Separovich. Motion carried. Curtis Wharf - Update Mayor Rice stated that information on Curtis Wharf would be available at a later date. October 1, 1990 - Continued Authorization of expenditure for Water Utilities Coordinated Committee (WUCC) Mr. Dave Ford, Director of Public Works, briefed the Council on the need for providing a Coordinated Water System Supply Plan for Skagit County of which the City of Anacortes has a major role. Mr. Ford emphasized that it is imperative that a plan be-iformulated which will ultimately provide Skagit County and the City of Anacortes with long term water reservations on the Skagit River. Mr. Separovich moved, seconded by Mr. Brown, to authorize expenditures of up tc $25,000 to contribute to the formulation of the Critical Water Supply Plan. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Motion carried. Proposal to Amend Undergrounding Ordinance - Transfer of Responsibility Mayor Rice presented an Ordinance to Council that has been prepared on a request by the Planning Commission to transfer the responsibility of considering variances to the City's Underground Utility Ordinance from the Planning Commission to the Board of Adjustment. The Board of Adjustment routinely deals with hardship issues under the Zoning Ordinance. Mrs. Smith moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance of the City of Anacortes Amending Section 12(a) of Ordinance No. 1503, the Same Being an Ordinance Declaring the Policy of the City with Respect to the Underground Relocation and Installation of Existing and New Electrical and Communication Facilities within the City of Anacortes, and Constituting Section 8-14 of the Official Code of Ordinances of the City of Anacortes" be adopted and given Ordinance No. 2161. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich, Brown. Motion carried. Board Appointment Mayor Rice announced that Ms. Kay Starkovich has accepted a position on the Parks and Recreation Advisory Commission to complete the term of Ms. Linda Franulovich. Recycling Mayor Rice reported that items in excess of 2 tons per Saturday have been dropped off at the Anacortes Recycling site. Mayor Rice reviewed the State recycling mandate and encouraged everyone to participate in our recycling program. Mr. Dave Ford pointed out that our recycling site is manned by volunteers and encouraged participation in our program. Request for Funds - Brochure Mayor Rice presented a request for $900 to contribute to the cost of preparing a brochure that would contain information on each Chamber of Commerce in the County. Mr. Separovich moved, seconded by Mrs. Smith to approve the expenditure. Vote: Ayes - Smith, Rock, Maxwell, Separovich, Brown, Lian. Motion carried. At approximately 8:45 the Mayor stated that the Council will convene on Monday, October 8th at 7:30 p.m. to conduct the continued Public Hearing on Amending the Subdivision Ordinance. Georgr tai7,City October 8, 1990 - continued Meeting October 8, 1990 ,�,/`me7s "Rice, Mayor Continued Public Hearing of October 1, 1990 Present: Ray Separovich, Bill Jackson, Dean Maxwell, Bud Rock, Tom Lian, Helen Smith and Ken Brown. The minutes of the September 17th Council Meeting were approved on a motion by Brown seconded by Jackson. Vote: Ayes - Jackson, Maxwell, Rock, Lian, Smith, Brown Separovich. Motion carried. Mayor Rice opened a continued public hearing on a proposed amendment to the Subdivision Ordinance that would clarify that the Planning Commission acts in an advisory capacity to the City Council on preliminary development plans for Planned Unit Developments. The Planning Director briefly described the 973 October 8 (continued from October 1), 1990 9N background to the amendment and the need to clarify the existing provisions. Under public testimony, Mr. Les Johnson, Attorney, stated his opinion that the changes recommended did not achieve the purpose that City staff intimated that they would. He added that there were additional areas in the PUD Ordinance that should also be amended. He concluded by stating that the PUD Ordinance in its present form was inadequate for proper review of PUD applications. The proceedings of this public hearing are on tape and filed at City Hall. There being no additional comment, the Public Hearing was closed. Mrs. Smith recommended that this issue be delayed until the City Attorney is present. Mr. Rock made this in the form of a motion. It was seconded by Mr. Maxwell. Vote: Ayes - Separovich, Jackson, Maxwell, Rock, Lian, Smith, Brown. Motion carried. The meeting adjourned at ap roximately Geor�htaia'K, 'ty lerk=Treasurer October 15, 1990 8:00 p.m. Ace James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Absent: Dean Maxwell. Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Rock, that the minutes of October 1, 1990 be approved as if read: Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Citizen Hearings Mrs. Felicia Childs reported to the Council and audience on the 1990 4th of July activities. Mrs. Childs submitted a list of expenditures together with a request that the bunting purchased for July 4th be stored at City Hall rather than in her home. Mrs. Childs thanked the City Council for their support. Mayor Rice expressed appreciation for all of Mrs. Child's efforts to make July 4th a great community activity. ' Resolution Recognizing Property Donation - Guemes Channel Park Mayor Rice read a Resolution entitled "A Resolution Expressing Appreciation to Certain Individuals for their Donation of a Parcel of Land to the City of Anacortes Park Department". Council expressed their appreciation for the donation of land so that the City can proceed with its plans to construct a waterfront access park. Mr. Rock moved, seconded by Mr. Jackson, that the Resolution be adopted and given Resolution No. 1120. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Jackson. Motion carried. Ordinance - Vacating Certain Streets and Alleys in 1st Plat to Ship Harbor Mr. Steve Mansfield, City Attorney, said that he had talked with several of the affected property owners and it was their understanding that the dollar and cents figure that"s quoted, in the Ordinance actually should be half that amount. Mr. Mansfield verified that the recommendation made by Mr. Pemberton of .17 per square foot was the amount previously approved by the Council. Mrs. Smith moved, seconded by Mr. Brown, that an Ordinance entitled "An Ordinance Vacating Certain Street Right of Ways and Alley Right of Way Located in the First Plat of Ships Harbor to the City of Anacortes" be adopted and given Ordinance No. 2163. Vote: Ayes - Brown, Lian, Smith, Jackson, Separovich. Abstain: Rock. Motion carried. Ordinance - Vacating Portion of 30th Street - Harris Mayor Rice presented an Ordinance reflecting previous action taken by Council. Mr. Brown moved, seconded by Mr. Separovich, that an Ordinance entitled "An Ordinance Vacating a Portion of 30th Street Abutting Block 5, Kellogg and Ford's Addition to the City of Anacortes" be adopted and given Ordinance No. 2164. Vote: Ayes - Lian, Smith, Rock, Jackson, Separovich, Brown. Motion carried. Ordinance - Amending Subdivision Code - Planned Unit Developments Mayor Rice presented an Ordinance amending the Subdivision Ordinance that, in part, clarifies the Planned Unit Development approval process. Mr. Steve Mansfield, after reviewing comments made on the proposed amendments, recommended October 15, 1990 - continued 975 adding the following: "the City Council shall consider said recommendation, all facts pertinent to the Planned Unit Development application and all criteria considered by the Planning Commission in making its recommendation. With that one change, Mr. Mansfield stated that the Ordinance before Council accomplished the need to clear up the deficiency in the current Ordinance that the Council needs to make the final decision under state law in this particular issue. In regard to other points raised on the PUD Ordinance, Mr. Mansfield stated that there are changes that need to be made to the Subdivision and Zoning ordinances, but that these changes will have to be made in comprehensive way. Mrs. Smith moved, seconded by Mr. Lian, that an Ordinance entitled "An Ordinance of the City of Anacortes Amending Section 16.40.050(c), 16.40.050(e), and 16.40.140 of the City of Anacortes Municipal Code (Subdivision Provisions)" be adopted and given Ordinance No. 2162. Mr. Separovich stated that he had listened to the tape of the previous meeting and was prepared to vote. Vote: Ayes - Smith, Rock, Jackson, Separovich, Brown, Lian. Motion carried. Urban Renewal - New Option Agreement Mr. Ian Munce, Planning Director, discussed the different phases of the Development Ventures marina project in the Urban Renewal area. Mr. Munce also discussed the negotiations being held between Development Ventures and Fidalgo Bay Partners for the transfer of sales agreements for Phases I and II. While Development Venture permits are still in process, Fidalgo Bay Partners are seeking authorization to enter into a lease option agreement for property generally located to the west of Phases I and II. Mr. Jackson moved, seconded by Mr. Separovich, that the Resolution entitled "A Resolution Authorizing a Sales Agreement by and between the City of Anacortes and Fidalgo Bay Partners" be adopted and given Resolution No. 1121. Vote: Rock, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Setting Public Hearing Date - Vacation - "Tract A", Skyline Division #5 - Sandifer Mrs. Smith moved, seconded by Mr. Rock, that a Resolution setting November 5, 1990 as the Public Hearing date on a Petition to vacate be adopted and given Resolution No. 1122. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Centennial Annual Request - Anacortes High School Mayor Rice stated that the Anacortes High School had approached the Council with a request for funding assistance in the preparation of a Centennial annual insert. Mr. Ken Markel and Mr. Wally Funk have agreed to assist in the project. Mayor Rice explained that the $3,000 requested would come from the Hotel/Motel tax fund. Mrs. Smith moved, seconded by Mr. Jackson, to approve the request. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Jackson. Motion carried. Mayor Rice expressed appreciation for the opportunity for the school system and City government to work together on this project. Citizens Committee Recommendations on Washington Park Master Plan Mayor Rice expressed appreciation for the many hours devoted by the Washington Park Committee to the development of the Washington Park Master Plan. Mr. Chuck Williams, Chairperson, introduced the members of the citizen's committee. Mr. Williams reviewed the committee activity over the last several months. The committee recommendations were presented to the Council - 7 General, 15 Specific and 22 Comments for Consideration. Mr. Separovich inquired about wind/rain protection for the covered picnic areas. Mr. Lian inquired about the boat ramp. Mr. Rustad commented on the boat launch review. Mr. Ross Barnes expressed appreciation for Mr. Williams efforts as Chairman. Mr. Jackson moved, seconded by Mrs. Smith, to adopt the Washington Park Master Plan. Vote: Ayes - Brown, Lian, Smith, Rock, Jackson, Separovich. Motion carried. Pam, 1506 Burrows Court, suggested gravel mesh walkways as opposed to asphalt. Award of Proposal for Energy Renovation - Municipal Building Mr. Steve Colby, Parks & Recreation Director, informed the Council that the last of the projects under an 1989 Energy Conservation Program Agreement with the Department of Energy is ready for action. Four bids were received to modify the existing boiler and to change over all of our manual zone controls, heat exchangers and dampers to automatic. Control Contractors submitted the low bid in the amount of $16,280. Mr. Separovich moved, seconded by Mr. Brown, to award the bid to Control Contractors in the amount of $16,280. Vote: Ayes - Lian, Smith, Rock, Jackson, Separovich, Brown. Motion carried. October 15, 1990 - continued Utility Extension Request - West 3rd & Alaska Mr. Jim Pemberton, Director of Engineering Services, stated that an application had been submitted by Pacific Rim Builders to extend water and sewer in the vicinity of West 3rd and Alaska Avenue. The proposed extensions would serve approximately four building sites. Mr. Pemberton also stated that the applicant's request for a latecomer's agreement has been tabled. Mr. Lian moved, seconded by Mr. Brown, that the utility extension be approved. Vote: Ayes - Smith, Rock, Jackson, Separovich, Brown, Lian. Motion carried. 30th Street Improvement Program Mayor Rice presented the three bids received for constructing street improvements on 30th street east of T Avenue in the Urban Renewal area. Public Works recommends that a contract be awarded to low -bidder Schwetz Construction of Sedro Woolley in the estimated amount of $124,206.90. Mr. Brown so moved, seconded by Mr. Rock. Vote: Ayes - Rock, Jackson, Separovich, Brown, Lian, Smith. Motion carried. 30th Street Construction Services Contract Mayor Rice presented a request for a Construction Services contract with Leonard & Boundinot for construction staking, project supervision and construction observation for the 30th Street project. The total Contract amount is $12,000. Mr. Jackson moved, seconded by Mr. Brown, that the Contract be approved. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Mayor Rice reported on the number of articles dropped by the Anacortes recycling site. Mayor Rice discussed potential curbside recycling rates and dates when the service will take effect. Mayor Rice encouraged everyone to get into the habit of recycling. Mr. Dave Ford, Director of Public Works, reported on the 4th street paving project. Executive Session At 9:00 p.m. the Mayor announced that the Council would convene in executive session with Mr. Mansfield and Mr. Colby to discuss union negotiations and possible litigation. At 9:45 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. G/oe7hian , C ty Clerk -Treasurer / /James Rice, Mayor November 5, 1990 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Brown, that the minutes of October 15, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings 4th Street Paving Mr. Don McKee, 807 4th street, addressed the Council with -concerns over,'the method of repaving 4th Street. 4th Street Wetland Mr. Byron Sneva, 808 37th Street, addressed the Council with questions regarding billing for the wetland water service, and regarding preservation of the wetland character. Police Boat Mr. Nick Petrish, Sr., 1320 8th Street, addressed the Council with objections to the recent purchase of a boat for the Marine Patrol of the Anacortes Police Department. Lease to Hydraulic Fishing Supply Mr. Ian Munce, Planning Director, summarized the lease disputes between Hydraulic November 5, 1990 - continued Fishing Supply and the City of Anacortes for the use of the boat launch in the urban renewal area. Mr. Munce reviewed the lease payment default condition that led to the cancellation of Mr. Ruzich's lease with the City. Mr. Munce presented the Council with copies of statements and correspondence clearly defining methods and amounts of payment necessary to avoid lease cancellation. Mr. Munce stated that there had been no response from Mr. Ruzich and the premises were turned over to the City on October 26, 1990. Mr. Vito Ruzich, urban renewal tenant and owner of Hydraulic Fishing Supply, addressed the Council stating that he had misunderstood the final payment date and had come to the Council Meeting with check in hand. The Council and Mr. Ruzich discussed a proposal for future use of the boat launch. Mr. Jackson suggested that since Mr. Ruzich was willing to consider a new proposal, perhaps Mr. Munce could develop a proposal for the use of the property that would be beneficial to all. After further discussion, Mr. Separovich moved, seconded by Mr. Rock, that the City Council accept the check from Mr. Ruzich and renew the lease with Hydraulic Fishing Supply. Mr. Steve Mansfield, City Attorney, informed the Council that if the lease is reinstated and payments accepted that the City's negotiating position would be jeopardized. Vote: Ayes - Separovich, Rock. No - Brown, Lian, Smith, Maxwell, Jackson. Motion failed. Mr. Brown then moved that Mr. Ruzich be able to use the boat launch over the next two weeks while the future relationship between the City and Hydraulic Fishing Supply is being defined. Motion seconded by Mr. Jackson. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Resolution - Amending Lease with Oak Harbor Boat Works Mr. Ian Munce, Planning Director, presented a request from Mr. Robert D. Lowe, President of Oak Harbor Boat Works, for an extension to their lease with the City of Anacortes from November 1, 1990 to April 1, 1991. Mr. Munce stated that the extension was requested so that the necessary permits could be obtained from the Army Corps of Engineers. The recently submitted modifications to Mr. Lowe's project in the urban renewal area were made so that both his project and the Fidalgo Marina project could proceed without conflict. Mrs. Smith moved, seconded by Mr. Separovich, that a Resolution entitled "A Resolution Amending Resolution No. 1112 Authorizing a Revised Lease Agreement by and between the City of Anacortes and Oak Harbor Boat Works" be adopted and given Resolution No. 1123. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Public Hearing - Vacation Request - Sandifer - Tract A in Skyline Mayor Rice opened the Public Hearing to take comments on a Vacation Petition submitted to vacate Tract A in Division 5, Skyline. Tract A is a 15' walkway strip of City property adjacent to 2108 and 2106 Highland Drive. Mr. Phil Sandifer, petitioner, stated that both he and his neighbor have been maintaining this walkway strip for several years. Mr. Dave Ford, Director of Public Works, reported that there are no utilities within this 15' strip nor do any of the utility companies contemplate placing utilities within this strip. Mr. Steve Mansfield, City Attorney, recommended following the vacation procedure so that the public interest in the walkway could be eliminated. A quit claim deed to Mr. Sandifer and the other petitioner should then be executed. There were no further comments or questions and the Mayor declared the Public Hearing closed. Mr. Jackson moved, seconded by Mr. Lian, that the vacation be granted subject to compensation and the execution of a quit claim deed. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Public Hearing - Planned Unit Development - Summerwoods (Public Hearing Taped) Mayor Rice declared the Public Hearing open to take comments on a proposed 60 -unit Planned Unit Development entitled Summerwoods. The project is located on 17.5 acres off of Anacopper Road in a Residential Low Density zone. Mr. Ian Munce, Planning Director, stated that the Planning Commission had approved the concept proposal with 20 conditions. Mr. Munce reviewed the concept proposal and preliminary plat approval procedures. Mr. Munce also discussed road access, lot size detail, wetland area delineation, erosion control and other conditions of approval. Mr. Richard Threet, 2801 17th Street, questioned the reported size and location of wetlands on the property. Mr. Tom Preston, 1905 Anacopper Road, submitted a letter to the Council expressing his concern that certain steps need to be taken before issuing approval on the Summerwoods project. Mr. Preston recommended surveying the site wetlands, and determining the impact of the project on the wetland sites. Mr. Ross Barnes, 104 Harbor Lane, also discussed the discrepancy between where the developer claims that he's preserving the wetlands and where the wetlands appear on the map prepared by Jones & Stokes. Mr. Terry Myers, 4021 6th Street, discussed the proposed improvements to Anacopper Road, recommending Ohio as access instead. Ms. Lori Skillman, 3611 W. 6th Street, expressed concern over 977 9 7 3 November 5, 1990 - continued - see page 980 for November 19, 1990 runoff onto her property. Mr. Murphy Palmer, proponent, said that he would prefer to wait until all comments are made so that he can respond. Mr. George Shaw, 3613 W. 6th St., expressed concern over the lack of controlled intersections and the potential for safety hazards. Mr. Ed Hawkings, owner of adjacent property, stated that he had been doing clearing. Richard Dildine, 1211 6th Street, expressed concern over the approval process. Mr. Murphy Palmer, proponent, commented on the wetland issue, informing the Council that the Army Corps of Engineers will be on site November 30th to prepare their own wetland delineation. Mr. Palmer discussed the development of Anacopper Road, discussions held with other property owners regarding an L.I.D., phasing of the project and the Habitat Management Plan. Mr. Myers spoke again about development/widening of Anacopper Road. Citizen, 3813 W. 4th St., expressed concern over stormwater runoff. Mr. Preston again expressed concern over lack of opportunity for further public comment. Gene Fisher, Seattle, discussed equitable participation in upgrading of intersections roads. Mr. Dildine spoke again about developments near airports. There were no further comments and the Mayor declared the Public Hearing closed. Council members stated that without the Corps wetland report, they would be reluctant to make a decision at this time. Mrs. Smith moved, seconded by Mr. Maxwell, to delay decision on the Summerwoods PUD until the December 17th City Council meeting. Vote: Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - Planned Unit Development - Westwood (Public Hearing Taped) Mayor Rice opened the Public Hearing to take public comments on a proposed 18 unit single-family residential Planned Unit Development known as Westwood. Mr. Ian Munce, Planning Director, reviewed the Planning Commission public hearing testimony and the Findings of Fact and Conclusions submitted to the Council for review. Mr. Munce reviewed the issues of buffer zones and fire lanes/through streets. Mr. Jim Egge, representing the proponent, reviewed the development of the project. Mr. Egge discussed the buffer zone and fire lane issues and economy of land use. Mr. Les Johnson, attorney representing a property owner in the area, discussed his concerns regarding this project. Mr. Johnson provided exhibits showing his density bonus calculations and a proposed lot layout. Mr. Johnson requested that the Public Hearing not be closed so that these issues can be discussed further. Mr. Ted Parrish, 2215 41st St., expressed the desire that the area retain its rural character. Mr. Richard Threet, 2801 17th Street, recommended a 15 lot development and further discussed density bonus calculations. Mr. Egge spoke in response to Mr. Johnson's calculations. Mr. Johnson discussed PUD ordinance deficiencies. Mr. Steve Mansfield, City Attorney, supported the Planning Director's density bonus calculations. There was no further testimony and the Mayor declared the Public Hearing closed. Council members expressed concern over the future use of the proposed fire lane, restrictiveness of cul-de-sacs and development of 45th Street and requested more information and time to review the issues. Mr. Rock moved, seconded by Mr. Lian, to delay decision on the Westwood PUD until the December 3, 1990 City Council meeting. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Mayor Rice announced that the items for the November 13th Study Session are Latecomer's Agreements, Impact Fees, Parking, and Garbage Rates. On November 15th and November 20th, Special Meetings will be held with Department Heads and Council to discuss the budget. There being no further business, the meeting was adjourned at 11:10 p.m. Geor Kht an, City Clerk -Treasurer 61 James Rice, Mayor December 3, 1990 CMayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Rock, that the minutes of November 19, 1990 be December 3, 1990 - continued 979 approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Presentation of Plaque Mayor Rice presented a plaque of appreciation to representatives of the U.S. Navy, Whidbey Island, who helped at the water treatment plant during the Thanksgiving Day flood. Captain D.T. Waggoner introduced Petty Officer 2nd Class Russell Adams, Airman Felix Alberca and Lt.(jg) Mike Morrow who all assisted in protecting the water treatment plant during the recent floods. Mayor Rice, Councilmembers and the audience thanked the men and women of the Navy for their help and support.. Correspondence/Citizen Hearings Mr. Ross Barnes, 104 Harbor Lane, reported to the Port's log storage yard drains polluted wetlands and then into the sewer treatment plat City to require that the stormwater situation b ethe Mayor and Council that most of stormwater south into the Depot excavation. Mr. Barnes urged the cleaned up. Decision - Westwood Planned Unit Development Mayor Rice introduced the first item of business - decision on the Westwood 17 -lot Planned Unit Development. Mayor Rice explained that the Public Hearing was closed on November 5, 1990 and decision was delayed until this meeting so that Council would have time to review public hearing testimony and staff recommendations. The Council and staff then discussed development of 45th street, owner and authorized agent for the project, density calculations and fire lane versus full right-of- way. Mr. Brown moved, seconded by Mrs. Smith to adopt the Westwood proposal with the 16 conditions recommended by the Planning Commission together with a 17th condition as follows: The 30' fire lane shall be paved to City standards and shall be dedicated to the City with the City granting the Homeowner's Association permission to limit the use of the right-of-way to fire lane purposes unless and until City street needs require otherwise. Vote: Ayes - Separovich, Brown, Lian, Smith, Jackson. No - Rock, Maxwell. Motion carried. Ordinance - Vacation - Tract A, Skyline - Sandifer Mayor Rice presented an Ordinance to the Council vacating Tract A in Division 5, Skyline. The Vacation petition was approved after a public hearing held on November 5, 1990. Mr. Jackson moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Vacating Tract A, Division 5, Skyline Addition to Anacortes as Recorded in Skagit County Book of Plats, Volume 9, Pages 56-58" be adopted and given Ordinance No. 2166. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Public Hearing - 1991 Budget Mayor Rice opened the Public Hearing to take public testimony on the proposed 1991 budget. Mr. George Khtaian, Finance Director, briefly reviewed the 1991 budget and made himself available for questions from the audience. The Council had questions about the hiring of additional personnel. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mrs. Smith moved, seconded by Mr. Jackson, that the 1991 Budget be accepted as presented. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Ordinance - Adoption of 1991 Budget Mr. Separovich moved, seconded by Mr. Lian, that an Ordinance entitled "An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the Year, 1991" be adopted and given Ordinance No. 2167. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Presentation - West 6th Street Mrs. Lori Skillman, 3611 West 6th, expressed appreciation for support from City staff and crew during the recent unusually heavy rains. Mrs. Skillman discussed the clearing of land, digging of trench and resultant flooding experienced by homeowners in the West 6th area. The Council and audience viewed a video presented by Mrs. Skillman that showed the drainage ditch and flood damage. Mr. Ian Munce, Planning Director, reviewed the clearing and wetland disturbance that occurred near Mrs. Skillman's property. Mr. Munce also informed the audience of the development of a City StormwatE.r Management Plan. Mr. KE:r. Davis, 3711 West storms. The Mayor thanked the West 6th Street residents who had come to the meeting and brought this matter to their attention. Situation Update - Water Treatment Plant Mr. Dave Ford, Director of Public Works, thanked all the agencies, the Navy and Q December 3, 1990 - continued all the private businesses that helped with manpower and materials during the November Skagit River floods. Mr. Ford reported that the water treatment plant functioned normally and there was no problem with water quantity or quality. Mr. Ford said that there was no damage to the plant; however, there was some concern over the weakened condition of the dikes. Mayor Rice thanked Mr. Ford and the Public Works Department for all of their efforts. Resolution - Declaring an Emergency Mr. Maxwell moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution of the City of Anacortes Declaring an Emergency due to Excessive Rainfall and Flooding." be adopted and given Resolution No. 1127. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Mayor Rice announced that there would be a presentation by the Senior Center at the December 10th Study Session. Latecomer's agreements would also be discussed. Mayor Rice also announced that there were boxes on the counter in the Finance Department for used batteries. Mayor Rice has asked the local stores to do the same so that we can avoid putting batteries in the landfill. There being no further business, the Mayor adjourned the meeting at 9:00 p.m. ,74 Geor f an, pity Clerk -Treasurer James Rice, Mayor November 19, 1990 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Tom Lian, Helen Smith, Bud Rock. Absent: Ken Brown The minutes of the November 5, 1990 meeting were approved on a motion by Mr. Separovich, seconded by Mr. Rock. Vote: Ayes - Jackson, Separovich, Lian, Smith, Rock, Maxwell. Motion carried. Ms. Audrey Medved representing the Skagit County Tulip Festival, expressed the festival's appreciation to the City Council for their ongoing support. She updated the Council on the most recent festival activities and concluded by presenting the Council with the 1991 Tulip Festival poster. Old Business: The Mayor informed the Council that the ordinance for the Sandifer vacation would be available for the next Council Meeting. Also under old business, Mayor Rice informed the Council that discussions were ongoing with Mr. Ruzich. Mr. Separovich then moved that Mr. Ruzich be able to continue to use the boatlaunch until January 7, 1991 while the future relationship between the City and Hydraulic Fishing Supply is being defined. The motion was seconded by Mr. Rock. Vote: Ayes - Separovich, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. New Business: The Mayor opened a public hearing on a proposal to amend the City of Anacortes Comprehensive Plan in the following respects: - Deletion on p. 25 of reference to the Urban Land Study and the Overall Economic Development Plan, - Substitution on pp. 26-27 of the 1989 City Park Plan, - Adoption by reference of the 1985 Fidalgo Island Coordinated Water System Plan and the 1986 City of Anacortes Comprehensive Water Plan, - Adoption by reference of the 1985 City Wastewater Facilities Plan, and - Adoption of the Anacortes School District Facilities Study of 1990. The Planning Director stated that the intent of the amendments was to bring together existing plans as part of the City's ongoing work to come into compliance with the Growth Management Act. There was no public testimony. Mr. Jackson moved that the staff be directed to draw up an ordinance to make these amendments to the City Comprehensive Land Use Plan. The motion was seconded by Mrs. Smith. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. The Mayor then opened a public hearing on an ordinance that would add a road impact fee earmarked for intersection improvements at the junction of Oakes Avenue, Ferry Terminal Road, and Anacopper Road. He explained that the fee, if implemented, would be assessed when a building permit was issued and would be in the amount of $125 for each parking space required under the City Zoning Ordinance. No public testimony was received and the public hearing was closed. Mrs. Smith recommended, November 19, 1990 - continued and the Council agreed, that page 8 under the Appeals section, the appeals should be filed within fourteen days rather than the ten specified in the draft ordinance. Mr. Jackson moved that the Council adopt this as Ordinance No. 2165. The motion was seconded by Mr. Separovich. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Lian. Motion carried. Mr. Ford recommended to the City Council acceptance of the utility extension for Mr. Brent Morrow for a waterline for 676 March Point Road. Mayor Rice explained that the City had paid additional monies to oversize the line from the normally required 6" to the 8" line that was actually installed. Mr. Ford explained that acceptance of this improvement by the City Council converts the application for utility extension into a bill of sale for the water line and the petitioner relinquishes all further claim to said system. He added that thereafter this extension comes under the control, use and operation of the City of Anacortes. Mr. Jackson moved that the City formally accept this utility extension. The motion was seconded by Mr. Rock. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Lian, Smith. Motion carried. Mr. Ian Munce, Personnel Director, presented a proposed Collective Bargaining Agreement with the Municipal/ Sanitation Employees for 1991-1993. He stated that the proposal involved a 5.5% cost -of -living for 1991 and a $15/month increase in the medical program. He added that the proposed contract includes a reopener for negotiations for 1992 and 1993 for wages and health and welfare coverage only. After discussion, Mrs. Smith moved that Resolution No. 1124 be adopted. The motion was seconded by Mr. Jackson. Vote: Ayes - Maxwell, Jackson, Separovich, Lian, Smith, Rock. Motion carried. The Council then turned to consideration of a proposed contract between the City of Anacortes and the Chamber of Commerce for the joint provision of services. The contract involves five annual payments of $12,000/year beginning in 1991 and the Chamber of Commerce providing public restroom facilities in the downtown area together with meeting and conference rooms available for City use. After discussion, Mrs. Smith moved that Resolution No. 1125 be adopted. The motion was seconded by Mr. Jackson. Vote: Ayes - Jackson, Separovich, Lian, Smith, Rock, Maxwell. Motion carried. Mr. Rock moved that December 17, 1990 be set as the date at which a public hearing would be held by the City Council to consider a proposed garbage rate increase. This resolution was assigned No. 1126. The motion was seconded by Mr. Maxwell. Vote: Ayes - Separovich, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. The Council then turned to the issue of awarding bids for five new police vehicles for 1991. They reviewed a November 7, 1990 memorandum from David Mead, Assistant Chief of the Anacortes Police Department. In addition to the state contract, which is always available for City use, the City received two bids. One was from Seaside Chevrolet and the other was from Frontier Ford. Mrs. Smith moved that the Council award the bid to the low bidder, Seaside Chevrolet, in the amount of $13,073.54 for each of the five vehicles. The motion was seconded by Mr. Rock. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Mr. Mike Foster, Operations Superintendent in the Public Works Department, presented the background on the solicitation for the Skyline Sewer Conveyance System. He reported that seven bids were received. Based on the evaluation provided by Economic and Engineering Services, the Public Works Department recommended that the City award the contract to the low bidder, Trico Contracting, Inc. in the amount of $3,591,274.59. Mr. Foster pointed out that as the project was grant -eligible, Council action this evening would be contingent on the Department of Ecology approval. Mr. Jackson then moved that the Council award the bid to TiiCo Contracting contingent upon Department of Ecology approval. Mr. Lian seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Lian. Motion carried. Mayor Rice informed the Council that he had reappointed Mr. Ted Parrish to the Forestry Board. Dr. Lowell thanked the Council for their action in including the School District's capital facility needs within the framework of the City's Comprehensive Land Use Plan. At approximately 8:30 p.m. the Council adjourned into executive Session to discuss Union negotiations. The Council adjourned at 9 p.m. without going back into regular session. e� George Klaian! City Clerk-TreasurerMagor James Rice December 17, 1990 MM Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Rock, that the minutes of December 3, 1990 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Person of the Year Award With great appreciation, Mayor Rice presented the Person of the Year Award to Margaret Yeoman for her service to the community of Anacortes. Citizen Hearings/Correspondence Mr. Les Johnson spoke to the Council on behalf of the 45th Street Concept. Mr. Johnson presented the Council with a copy of a mailing that was delivered to most of the residences in west Anacortes. Mr. Johnson also presented a map showing the route of 45th Street if created - Phase I would be between "A" Avenue and Heart Lake and later Phases would tie into the west end (Skyline) and extend eastward to the vicinity of Whistle Lake/Highway 20. Mr. Johnson suggested that the Council reconsider their previous approval of the Westwood PUD by adding an additional condition to retain 30 feet of the Westwood project area for future road development. Mayor Rice said that a gravel road will be opened up in the Clearidge area to accommodate traffic in the event of emergency road closures like those that recently occurred on Oakes Avenue and Marine Drive. After the audience, staff and Council discussed the access issue, Mr. Jackson thanked Mr. Johnson for bringing this matter to the attention of the Council, and moved that the Council wait until the Traffic Study is complete and to take action for a West end access route based on the information presented by the Study. Mr. Separovich seconded the motion. Vote: Ayes - Separovich, Brown, Jackson. No - Lian, Smith, Rock, Maxwell. Motion failed. Decision - Summerwood Planned Unit Development Mr. Ian Munce, Planning Director, reviewed the Summerwood PUD project development. Mr. Munce explained that action was deferred until December 17th so that a Corps of Engineers wetland report could be made. Mr. Munce informed the Council that to date, the Corps wetland delineation has not been prepared. The Council reviewed a letter from the Corps of Engineers stating to the applicant of another project that, "Having all appropriate local permits is a prerequisite for obtaining an individual Department of the Army permit." Mr. Munce cautioned against the City's tying it's decision making process to the Corps of Engineers permit timetable. Mrs. Smith stated that, according to public hearing testimony, the Summerwoods wetlands are more extensive than presented in the proposal and that the project was not feasible. Mr. Jackson agreed and moved to deny approval of the Summerwood PUD. Mrs. Smith seconded the motion. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Ordinance - Comprehensive Plan Amendment Mr. Munce reviewed an Ordinance that would incorporate existing facility plans into our Comprehensive Plan. This action is recommended to bring the City closer to compliance with the new Growth Management Act. Mrs. Smith moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Amending City of Anacortes No. 1869 Entitled Comprehensive Plan and Designated Chapter 17.02 of the City of Anacortes Municipal Code." be adopted and given Ordinance No. 2168. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Ordinance Repealing Transportation Benefit Area #1 Mr. Munce explained to the Council that the R Avenue/SR20 underpass issue would be more appropriate as part of the traffic study proposed for 1991. This would eliminate the need for Transportation Development District #1 and any collection of monies that the District would impose. Mr. Separovich moved, seconded by Mr. Brown, that an Ordinance entitled "An Ordinance Repealing City of Anacortes Ordinance No. 2068 Adopting a Local Transportation Improvement Program" be adopted and given Ordinance No. 2169. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Findings of Fact re: Westwood Planned Unit Development Mr. Munce presented the "Findings of Fact and Conclusions of Law and Decision Thereon on James Carter's Proposal for the Westwood Planned Unit Development". The December 14 1990 - continued Council approved the project with seventeen conditions on December 3, 1990. Mr. Brown moved, seconded by Mr. Jackson, to accept the Findings of Fact as presented. Vote: Ayes - Jackson, Separovich, Brown, Smith. No - Rock, Maxwell, Lian. Motion carried. Ordinance - 1990 Budget Amendments Mayor Rice presented an Ordinance to Council entitled "An Ordinance Amending Ordinance No. 2125, Approved and Adopted on December 4, 1989, and entitled 'An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the Year 1990"'. Mrs. Smith moved, seconded by Mr. Brown that the Ordinance be adopted and given Ordinance No. 2170. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Claim/Payroll Vouchers - September, October November Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, December 17, 1990, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: September: Payroll warrant numbers 17485 through 17804 in the total amount of $314,594.82 and Claim Warrant Numbers 20149 through 20542 in the total amount of $1,628,828.10. October: Payroll warrant numbers 17805 through 18118 in the total amount of $305,610.26 and Claims warrant numbers 20543 through 20909 in the total amount of $2,603,018.89. November: Payroll warrant numbers 18119 through 18442 in the total amount of $347,493.44 and Claims warrant numbers 20910 through 21309 in the total amount of $2,245,269.86. Resolution - Setting Public Hearing Date Vacation Petition - portions of Harrison Avenue, Shannon Point Road and D Street Mr. Rock moved, seconded by Mr. Lian, that a Resolution setting January 21, 1991 as the Public Hearing date on a petition to vacate certain streets in First Plat of Ship Harbor Addition to Anacortes be adopted and given Resolution No. 1128. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Mr. Ian Munce, Planning Director, informed the Council that this vacation petition is submitted together with a Conditional Use application to adjust a wetland boundary. Mr. Munce requested that the Planning Commission review this particular Vacation Petition rather than the Board of Adjustment. The Planning Commission will hold a Public Hearing on the Conditional Use for this project and the Vacation Petition can be reviewed by that governing body at the same time. Mr. Jackson so moved, seconded by Mr. Lian. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Community Action Agency - 1991 Agreement Mayor Rice explained that the Community Action Agency provides many forms of care to low income residents of Anacortes including temporary shelter, medical assistance, and utility payment assistance. All the cities in the County help fund this worthwhile organization. Mr. Separovich moved, seconded by Mr. Lian, that a Resolution authorizing a Memorandum of Agreement between the City of Anacortes and Skagit County Community Action Agency be adopted and given Resolution No. 1129. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Completion of Public Works Contract - Combined Sewer Separation Project Mr. Jim Pemberton, Director of Engineering Services, reviewed the bid award to Karnak Construction for the Sewer Separation Project to separate storm sewer from three subdivision areas in Anacortes. Mr. Pemberton is requesting that the Council accept this project as complete and authorize staff to begin the 30 day lien period on the retainage being held. If at the end of the 30 day period no valid claims are filed for material or labor, staff is requesting that the retainage be released. Mr. Pemberton pointed out that the total project cost is below the engineer's estimate for this project. Mr. Lian moved, seconded by Mrs. Smith, that the contract be approved per Engineering Staff recommendations. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Resolution - Development Ventures - Amend Sales Agreement Mr. Ian Munce, Planning Director, presented an amendment to the Agreement with the City of Anacortes and Development Ventures, Inc. for a extension of Phase I 983 98 4 December 17, 1990 - continued Performance not to extend beyond May 15, 1991. Mr. Brown moved, seconded by Mr. Separovich, that a Resolution entitled "A Resolution Amending Resolution No. 1067 Authorizing a Sales Agreement by and between the City of Anacortes and Development Ventures, Inc." be adopted and given Resolution No. 1130. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Procedures for Reviewing Comprehensive Plan Amendments or Revisions Mr. Ian Munce, Planning Director, presented a proposal to establish the procedures called for in the Growth Management Act with regard to comprehensive plan/rezone applications. Mrs. Smith moved, seconded by Mr. Maxwell, that the Administrative Procedures for Comprehensive Plan Amendments or Revisions be adopted. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Public Hearing - Garbage Rate Increase - 1991 Mayor Rice opened the Public Hearing to take comments on a proposed increase in Garbage Rates. Mayor Rice reviewed the increased fuel and tipping costs that the City will be faced with in 1991. Mayor Rice also reviewed the recycling regulations and the City's participation in that program. Mr. Brian Wetcher spoke from the audience in favor of the rate increase. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mrs. Smith moved, seconded by Mr. Separovich, to adopt the garbage rate increase. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Mr. Dave Ford, Director of Public Works, announced that the Recycling Center would be closed for the Christmas Holiday but would be open after that. Mayor Rice again requested that residents not put batteries in their garbage - drop sites are available to dispose of batteries. Appointments Mayor Rice reappointed Nick Petrish, Sr. to the Museum Board and Bill Carlisle to the Planning Commission. There being no further business, the meeting was adjourned at approximately 9:30 p.m. i Geor Khta�n, ity'Clerk-Treasurer January 7, 1991 (1---4ames Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Lian, that the minutes of December 17, 1990 be approved as if read: Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Engineering Staff Mayor Rice introduced Mr. Gordon Bruchner who has recently joined the Engineering staff of the City of Anacortes. Citizen Hearings/Correspondence Mr. Budd Moena, representing Patricia Colvin, owner of COB Fish, Inc., read a letter entitled "Complaint to City of Anacortes on Ord. 42155". Mr. Moena explained that COB Fish processes salmon and bottom fish and custom processes frozen salmon for other companies. Mr. Moena is protesting the new sewer rate calculations based on Burned Oxygen Demand and Total Suspended Solids. He stated that the last BOD and TSS testing done in 1988 does not reflect processing changes made since then. Mr. Dave Ford, Director of Public Works, reviewed the City's Industrial sewer billing procedures. Mr. Ford said that the City and COB have discussed the possibility of placing a sampling manhole outside of the building so that samples can be taken on a regular basis. Mr. Ford also reviewed the equipment and manpower needed to develop a testing program. Mayor Rice said the City would do more testing and that the City would be in contact with COB Fish. Revised Resolution - Setting Public Hearing Date - Harrison Avenue, etc.