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Home My WebLink About1991 City Council Minutes98 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. January 7, 1991 - continued Mayor Rice presented a revised Resolution setting February 4, 1991 as the Public Hearing date on a Petition to Vacate portions of Harrison Avenue, Shannon Point Road and "D" Street. Mrs. Smith moved, seconded by Mr. Rock that the Resolution be adopted and given Resolution No. 1131. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Proposed Findings of Fact for Summerwood PUD Mr. Brown asked to address the Council regarding this matter. Mr. Brown moved to reconsider the Council's decision to deny the Summerwoods PUD and to approve the project revising Condition #20 with regard to the upgrading of Anacopper Road. Mr. Separovich seconded the motion. Mr. Brown expressed concern that the Council had gone beyond what is required by City Ordinance with regard to preliminary development plan review. Mr. Maxwell felt that traffic issues on this project have not been resolved. Mr. Jim Pemberton, Director of Engineering Services, reviewed the mitigation proposed regarding the development of Anacopper Road. Mr. Separovich spoke in favor of growth in Anacortes. Mr. Rock stated that he was not ready to approve this project based on information presented to Council. Mrs. Smith stated that she was not taking a negative development stance but needed substantially more wetland information on this project. Vote: Ayes - Brown, Lian, Separovich. No - Smith, Rock, Maxwell, Jackson. Motion failed. Mrs. Smith moved, seconded by Mr. Rock, to adopt the Findings of Fact and Conclusions of Law to deny a preliminary development plat permit for Summerwoods. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich. No - Brown, Lian. Motion carried. Hydraulic Fishing Supply Update Mr. Ian Munce, Planning Director, requested an Executive Session at the end of the January 21st Council Meeting and requested a motion to continue the present arrangement with Hydraulic Fishing Supply until February 4th. Mr. Rock so moved, seconded by Mrs. Smith. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Ordinance - Garbage Rages Mayor Rice presented an Ordinance reflecting action previously taken by Council to increase garbage rates. Mrs. Smith moved, seconded by Mr. Maxwell, that an Ordinance entitled "An Ordinance Amending Section 1 of Ordinance No. 2135 dated February 5, 1990" be adopted and given Ordinance No. 2171. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - Conditional Use - Middle School - Gymnasium Expansion Mayor Rice opened the Public Hearing to take comments on a Conditional Use Application to allow for a 15,600 square foot gymnasium addition to the Middle School, 22nd Street and M Avenue. Mr. Ian Munce, Planning Director, said that the Planning- Commission held a Public Hearing, no issues were raised and the recommendation was for approval of the project with six conditions. Mr. Munce further explained that there would be no enrollment increase due to this expansion and therefore additional parking was not an issue. Mr. Marc Estvold, architect representing the School District, displayed drawings showing the proposed expansion project. Mr. Estvold explained that the former gymnasium may become a commons area. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell moved, seconded by Mr. Jackson, that the Conditional Use Permit and "Findings of Fact and, Conclusions of Law and Decision Thereon on the Anacortes School District's Conditional Use Permit to Expand Gymnasium at Anacortes Middle School" be approved. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Public Hearing - Amend Zoning Code to Add Stormwater Guidelines Mayor Rice opened the Public Hearing to take comments on a proposed amendment to the Zoning Ordinance regarding stormwater treatment and management. Mr. Ian Munce, Planning Director, explained that the proposed Ordinance amendment addresses stormwater from both a quality and quantity standpoint; the guidelines focus on using grassy swales to pre -treat stormwater runoff prior to discharge into natural drainage channels and require on-site detention sufficient to handle a 25 year storm event. Mr. Munce said that the last few plats have contained language to this effect; however, there will be new developments on existing plats and the stormwater issue could be handled in a comprehensive way by amending the zoning ordinance to include stormwater guidelines. In that way, development beginning at the single family level would be required to comply with these guidelines through the building permit process. Mr. Munce also said that the Comprehensive Plan 98 6 January 7, 1991 - continued recommends maintaining natural water courses. Mr. Tom Preston, 1905 Anacopper, invited Council to view the ponds on his property to assess the effectiveness of these retention ponds. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, the Council requested more time to review the proposed amendment and that the matter be held over to the January 21st meeting. Ordinance - Property Tax Levy Mayor Rice reviewed the information received form the County Assessor's office with regard to total assessed valuation and levy rate for 1991. The Mayor also introduced an Ordinance levying a tax for 1991. Mr. Separovich moved, seconded by Mr. Brown that an Ordinance entitled "An Ordinance Levying a Tax Upon Real and Personal Property Within the City of Anacortes, Skagit County, Washington, for Municipal Purposes for the Year 1991" be adopted and given Ordinance No. 2172. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Resolution - Setting Public Hearing Date - Vacation - Portion of Georgia Avenue Mayor Rice introduced a Resolution setting February 19, 1991 as the Public Hearing date to review a Petition to vacate a portion of Georgia Avenue. Mr. Rock moved, seconded by Mr. Lian, that the Resolution be adopted and given Resolution No. 1133. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Resolution - Setting Public Hearing Date - Vacation - Alley - 35th Street Mayor Rice introduced a Resolution setting February 19, 1991 as the Public Hearing date to review a Petition to vacate a portion of an alley located near 35th Street and Commercial Avenue. Mr. Brown moved, seconded by Mr. Jackson, that the Resolution be adopted and given Resolution No. 1132. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Growth Management Act Implementation: Real Estate Excise Tax Ordinance Mr. Ian Munce, Planning Director, presented an Ordinance for Council review authorizing the City of Anacortes to impose an excise tax on each sale of real property at a rate of 1/4 of 1 percent of the selling price to finance capital projects specified in the City's capital facilities plan. Mr. Munce explained that the imposition of this tax has been made possible through the Growth Management Act. The Department of Engineering Services is preparing a list of transportation improvements identified in the City Comprehensive Plan; the list will be prioritized after Council review. The Council requested more of an opportunity to review the Ordinance and to have the matter held over until the January 21st meeting. Resolution - Firefighter Contract - 1991-93 Mayor Rice presented the Firefighter Contract for 1991-93-93. Mrs. Smith moved, seconded by Mr. Lian, that a Resolution entitled "A Resolution Approving Labor Agreement by and between City of Anacortes and International Association of Firefighters, Local No. 1537" be adopted and given Resolution No. 1134. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Appointments Mayor Rice announced that Mr. Robert Jackson has been appointed to the Library Board. Mayor Rice also announced that he has appointed the District Court Judges and the District Court Commissioner to serve as Municipal Court Judges until the expiration of their terms. Sewer Line - Home on Oakes Avenue Mayor Rice presented a request from the owner of a new home at approximately Oakes and Anacopper to be billed at commercial sewer rates until the sewer line from the west end is complete. The homeowner will be using a holding tank as the County has determined that the ground is too wet to install a septic system. Mrs. Smith moved, seconded by Mr. Jackson to approve waiving the dumping fees and to charge a monthly commercial sewer rate. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Request from County Mayor Rice discussed the devastation to septic systems throughout the County as a result of the recent widespread flooding. The County has requested that the City make a one-time pump out of these systems at no charge. Mr. Maxwell moved, seconded by Mr. Jackson, to approve the request. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. DOE - Stormwater Management Plan Mr. Jim Pemberton, Director of Engineering Services, reviewed the application to January 7, 1991 - continued DOE for 'f ' unding for a stormwater management plan. Mr. Pemberton is requesting approval fom the Council to pursue negotiations with R.W. Beck for the development of a stormwater quality management plan. We have a grant offer for 50% match. Mr. Pemberton stated that the Scope of Work with DOE has not been finalized nor has the grant been executed. Mr. Jackson moved, seconded by Mr. Rock, that Mr. Pemberton begin negotiations with R.W. Beck to begin the process of developing a Stormwater Quality Management Plan. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Mayor Rice announced that Study Session agenda items are: spring clean-up and Heart Lake Management Plan. Mayor Rice stated that the State would take responsibility for the repair of West 3rd after the Oakes Avenue repairs are completed. There being no further business, the meeting was adjourned at approximately 9:10. George taia Lity/C�ler -Treasurer January 21, 1991 - Special Fleeting .�%✓��Ja7 Rice, Mayer Mayor Rice called the Special Meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Ray Separovich, Ken Brown, Tom :L.ian, Helen Smith, Bud Rock. Absent: Dean Maxwell, Bill Jackson. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Lian, that the minutes of January 7, 1991 be approved as if read. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock. Motion carried. Proclamation - Centennial Year Mayor Rice read a Proclamation entitled "A Proclamation Declaring 1991 City of Anacortes Centennial Year". Mayor Rice urged all citizens within the City to join in the celebration of this event. Representatives from the Centennial Committee presented the Mayor and Councilmembers with brightly colored Centennial balloons. Request for Funds - Festival of Foods Ms. Evelyn Hawk, representing a group called Festival of Foods, requested $1,500 from Hotel/Motel tax revenues an amount that has been previously allocated to the Taste of Skagit project. The Mayor and Council informed Ms. Hawk that no monies had been budgeted for the Taste of Skagit project for the year 1991 and requested that the Festival of Food organization submit a proposal and description of the event for the Council's review. Heart Lake Management Plan Mayor Rice reviewed the recommendations submitted by the Forestry Board and by the Park Commission with regard to the management of Heart Lake. The Board is recommending "beginning January 1, 1992, that there are to be no combustible engines allowed on Heart Lake, all other uses to remain and the Whidbey Roostertail Hydroplane Racing Club by permit to schedule no more than 5 weekends of racing per year and not to be included during June, July and August and allowed to remain on the lake for five years beginning January 1, 1992 after which all combustible engines to be removed from the lake." The Commission is recommending "that there be no change from current use and all special events or activities beyond what is normally allowed would be done by permit. The usage impact would then be reviewed after a two year period beginning January of 1991." Mr. Bart Lovric, 3022 Oakes Avenue, presented a petition to the Mayor and Council requesting that Heart Lake be open to general public use of internal combustible engines for fishing, hydroplane racing, boating, water skiing and other water sports. Mr. Lovric discussed noise, water pollution and access to the lake. Mr. Steve Mansfield, City Attorney, cautioned the Council that tonight's meeting occurs on a State holiday and is therefore a Special Meeting. In that regard, action can be taken on agenda items only. Mr. Mansfield suggested that this matter be put over to the next regular meeting and to take action at that time. Councilmembers discussed the Park Commission recommendation in particular. Mayor Rice stated that this matter would be on the February 4th agenda. Ordinance - Latecomer Agreements Mayor Rice introduced this agenda item by stating that several discussions have January 21, 1991 - continued 989 been held on the development of an Ordinance establishing a latecomer agreement to enable property owners/developers in recovering a pro rata share of the cost of street/utility system improvements. Mrs. Smith moved, seconded by Mr. Lian, that an Ordinance entitled "An Ordinance Establishing Latecomer Agreements for Street and Utility Improvements - Procedures." be adopted and given Ordinance No. 2173. Vote: Ayes - Brown, Lian, Smith, Rock, Separovich. Motion carried. Stormwater - Proposed Zoning Ordinance Amendment Mr. Ian Munce, Planning Director, adding to information provided at previous Council meetings, discussed the Stormwater Management Plan that will be developed by R. W. Beck and the City of Anacortes. Mr. Munce stated that questions raised by the Council will be answered through the Management Plan development. In the interim, the proposed stormwater guidelines before the Council integrate basic standards used by the State and could be incorporated into Ordinance form. Mr. Rock moved, seconded by Mr. Lian, that an Ordinance outlining stormwater guidelines be prepared. Vote: Ayes - Lian, Smith, Rock, Separovich, Brown. Motion carried. Ordinance - Excise Tax Mayor Rice presented an Ordinance, previously reviewed by the Council, that would impose an excise tax at a rate of 1/4 of 1 percent to finance capital projects specified in the City's Capital Facilities Plan. Mr. Separovich moved, seconded by Mrs. Smith, that an Ordinance entitled "An Ordinance of the City of Anacortes, Washington, Imposing an Excise Tax on Each Sale of Real Property within the City's Corporate Limits at a Rate of One Quarter of One Percent of the Selling Price to Finance Capital Projects Specified in the City's Capital Facilities Plan; Providing for the Payment and Collection of Such Excise Taxes; and Providing for the Disposition of such Excise Tax Revenues." be adopted and given Ordinance No. 2174. Vote: Ayes - Smith, Rock, Separovich, Brown, Lian. Motion carried. Public Hearing - Preliminary Plat - Parkside 462 Mayor Rice opened the Public Hearing to take comments on a proposed Preliminary Plat of Parkside Division 462, the 16 lot second phase of the Parkside Subdivision located at approximately 41st Street and A Avenue. Mr. Ian Munce, Planning Director, discussed the plat access, cul-de-sac development, and wetland protection. Mr. Don Semrau, engineer for the proponent, stated that the applicant is very willing to accept the approval for the 14 lots and will pursue the Conditional Use process for access to Lots 9 and 10. The cul-de-sac location is also acceptable to the applicant. In answer to a question from Mrs. Smith, Mr. Semrau explained that all lots will have 35' setback - each driveway will then have an extra 10 feet. 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 Mr. Lian, to accept the Preliminary Plat of Parkside 462 and to adopt the "Findings of Fact and Conclusions of Law and Decision Thereon on Puget Sound Development's Proposal for the Preliminary Plat of Parkside Div. 462". Vote: Ayes - Rock, Separovich, Brown, Lian, Smith. Motion carried. Traffic Consultant Committee Mayor Rice announced the following traffic consultant selection committee members: Mayor Rice, Jim Pemberton, Ken Brown, Ray Separovich and Bill Carlisle as Committee Chairman. The purpose of the Committee will be to select a traffic consultant to prepare a new. transportation element for the City Comprehensive Plan. Mr. Lian moved, seconded by Mr. Rock, to approve the committee appointments. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock. Motion carried. Water Extension Request WSDOT Marine Division Mayor Rice presented a request from the Department of Transportation to replace their existing 2" water line between the intersection of Ferry Terminal Road and Sunset Avenue with a 12" pipeline. The Department of Transportation is also requesting that a latecomer's agreement be attached to this facility in order to recover a portion of their costs. Mrs. Smith moved, seconded by Mr. Brown that the extension be approved and that a latecomer agreement be authorized subject to the provisions of the latecomer agreement ordinance. Vote: Ayes - Brown, Lian, Smith, Rock, Separovich. Motion carried. Possible Tree Clearing Along Oakes Avenue Mr. Ian Munce, Planning Director, reported on discussions held with Mr. Ford, Director of Public Works, and Mr. Guy Chapman, Puget Power, on how to avoid any future power outages caused by falling trees. Mr. Munce discussed alternatives January 21, 1991 - continued 989 including an inventory of the trees, establishing a 200' environmentally sensitive corridor along the right-of-way, underground lines, and notification of private property owners. Mr. Ford discussed a long-term underground utility plan. Mr. Separovich mentioned that the view from Oakes Avenue is beautiful and urged that the public be given the opportunity to continue to enjoy the beauty. Mrs. Margaret Yeoman, 11th street, urged the consideration of replacement trees/ground cover that would continue to provide cover for birds/wildlife, shade and the cleaning of the air. Mayor Rice suggested that one alternative would be to inventory dangerous trees along Oakes Avenue and then notify the property owners of the presence of hazardous trees. Resolution - Setting Public Hearing Date - Vacation Petition - Thomas - Alley, Block 32, Kellogg & Ford's Addition, Portion of 36th Street Mayor Rice introduced a Resolution setting February 19, 1991 as the Public Hearing date to review a Petition to Vacate alley in Block 32, Kellogg & Ford Addition and a portion of 36th Street. Mr. Rock moved, seconded by Mr. Brown that the Resolution be adopted and given Resolution No. 1135. Vote: Ayes - Smith, Rock, Separovich, Brown, Lian. Motion carried. Board Appointments Mayor Rice appointed Terry Christiansen to the Housing Authority Board to replace Nick Petrish, Sr. Growth Management Act Meeting Mr. Ian Munce, Planning Director, first expressed appreciation to the Engineering Department for the new zoning map in the Council Chambers - the ma.p also shows the existing plats within the City. The new map will also help in visualizing where the City's boundaries should be 20 years from now. The Growth Management Act mandates that the City and County agree on where those boundaries are to be. Mr. Munce announced that a study session on this issue will be held on February 6th in Mt. Vernon and the City Councils of Anacortes, Burlington, LaConner, Mt. Vernon and Sedro Woolley are invited to attend. Mr. Munce urged representation from our Council at that meeting. Executive Session At approximately 8:30 p.m. the Mayor announced that the Council would convene in executive session to discuss the lease/ settlement with Hydraulic Fishing Supply. At 9:00 the Council reconvened and without taking any further action, the meeting was adjourned. Georg htai n, City Cl k -Treasurer James Rice, Mayor February 4, 1991 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 Mrs. Smith moved, seconded by Mr. Brown, that the minutes of January 21, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Proclamation - Youth Arts Month Mayor Rice read a Proclamation designating March as Youth Arts Month in the City of Anacortes. The Proclamation states, in part, "Whereas, the visual and performing arts, literature, drama, and dance enhance the quality of our lives and belong to the mainstream of public education." Mayor Rice also announced that there will be a youth arts exhibit at the Anacortes Gallery during the month of March. Decision - Heart Lake Management Plan Mayor Rice reviewed the Forestry Board and Park Commission recommendations with regard to the management of Heart Lake. Mr. Ted Parrish, 2215 41st Street, Mr. Gene Murphy, 3611 W. 5th St., Mr. Cortlandt Fletcher, 1201 6th St., Ms. Kathryn Alexandra, 415 Campbell Lake Road, Mr. Ross 0. Barnes, 104 Harbor Lane and Mr. Jay Hamm, 415 Campbell Lake Road, spoke in favor of the recommendation of the Forestry February 4, 1991 - continued 9 90 Board to remove combustible engines from the lake. Mr. Chris Lang, 1314 29th St., spoke in favor of continuing the current uses of the lake. Mr. Brian Wetcher, 814 26th St., questioned the board recommendation process. After discussion Mrs. Smith moved, seconded by Mr. Maxwell, to continue the current use of the lake; all special events or activities by permit and to study usage impact after a two-year period. Mr. Jackson commended the Forestry Board for input received on this matter. Mr. Rock moved to amend the motion by requesting that within the next 30 days the Park Department present to Council the criteria on how the lake use will be monitored over the next two years. Vote: Ayes - Rock. No - Separovich, Lian, Smith, Maxwell, Jackson. Amendment failed. Mrs. Smith restated her motion. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Ordinance - Amending Zoning Code - Stormwater Guidelines Mr. Ian Munce, Planning Director, pointed out that the Ordinance before Council outlines interim measures to be used until the finalization of the Stormwater Management Plan, and that it adds a threshold for projects involving more than 5,000 square feet of impervious surface unless the Director of Engineering Services determines that no practical means exists to comply given physical site limitations. Mrs. Smith moved, seconded by Mr. Brown, that an Ordinance entitled "An Ordinance Adding to the Standards Section of the 'City Zoning Ordinance, -Ordinance #1917- a New Sub -section, 17.54.050, entitled Stormwater Management/Quality and Quantity" be adopted and given Ordinance No. 2176. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mayor Rice reminded the Council that the Growth Management Act Meeting would be held on Wednesday, February 6th and that Mr. Dave Williams, Planner for the Association of Washington Cities would be in attendance. Ordinance - U/R Bond Anticipation Note Renewal Mr. George Khtaian, Director of Finance, reviewed the note renewal for $800,000; low bid of 5.38% was received from Piper, Jaffray and Hopwood. Mr. Brown moved, seconded by Mr. Jackson, that an Ordinance authorizing the issuance and sale of limited tax general obligation bond anticipation notes and approving the sale and providing for the delivery of the notes to Piper Jaffray & Hopwood, Inc. of Seattle be adopted and given Ordinance No. 2175. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Resolution - Interfund Reimbursements Mr. Khtaian spoke again -'explaining the fund reimbursement authorized by a Resolution entitled "Resolution Reimbursing the City General Fund for DNR Lease Payments Made on Urban Renewal Property for the years 1984-1987." Mr. Separovich moved, seconded by Mr. Brown, that, the Resolution be adopted and given Resolution No. 1136. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Hydraulic Fishing Supply Mr. Ian Munce, Planning Director, reported to Council on lease income from the urban renewal property over the last year. Mr. Munce stated that now arrangements with Hydraulic Fishing Supply to terminate the lease with the City and reimburse HFS in the amount of $28,454.66 for capital improvements made to the leased premises were possible and acceptable to both parties. Mr. Jackson moved, seconded by Mr. Lian, that a Resolution entitled "Lease Termination Agreement with Hydraulic Fishing Supply" be adopted and given Resolution No. 1137. Vote: Ayes - Jackson, .Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Ordinance - Establishing Loading Zone - North Side of 20th Street Mayor Rice presented an Ordinance to the Council establishing a school bus loading zone. Mr. Brown moved, seconded by Mr. Separovich, that an Ordinance entitled "An Ordinance Establishing a School Bus Loading Zone on the North Side of 20th Street Between J Avenue and K Avenue, and Constituting Section 10.12.036 of the Official Code." be adopted and given Ordinance No. 2177. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Mr. Brown requested that the School District post signs on the fence near this loading zone stating the specific days and times when this portion of 20th Street is to be used as a loading zone. Public Hearing - Civil Penalties - Zoning Code Amendment Mayor Rice opened the Public Hearing to take comments on a proposed Ordinance that would amend the City's Zoning Ordinance to provide for civil penalties. The Planning Commission unanimously recommended the adoption of civil penalties in order to expand the City's enforcement capability with regard to zoning matters. Mr. Steve Mansfield, City Attorney, pointed out that the proposed civil penalties February 4, 1991 - continued ... changes the burden of proof and provides for adequate remedies without resorting to criminal penalties. There were no questions or comments from the audience and the Mayor declared the Public Hearing closed. The Council directed the City Attorney to put an Ordinance into final form amending the Zoning Code to provide for both civil penalties and appeals. Public Hearing - Vacation - Mace - Portions of Harrison Avenue, Shannon Point Road, D Street Mayor Rice announced that this Public Hearing would be continued to March 4, 1991. Appointments Mayor Rice announced that Murray Carroll, Lewis Jones and Ginger Houston have been appointed to the Museum Board. Mayor Rice also announced that Mr. Wally Funk has agreed to serve as an advisory member of that Board. Mr. Brian Wetcher has been appointed to the Forestry Advisory Board replacing Charles Kiel; Girts Rekevics and Jim Malson have been reappointed to the Community Center Board of Directors. Study Session Mayor Rice stated that the Depot Lease, Young Road waterline replacement, Food Festival and Annual Clean-up will be study session agenda items. Mr. Maxwell expressed appreciation for the dedication of all City employees during the difficult winter weather. Executive Session At approximately 8:30 p.m. the Mayor announced that the Council would convene in executive session to discuss personnel matters. At 9:00 the Council reconvened and without taking any further action, the meeting was adjourned. .� d L960P taiat4Cle -Treasurer James Rice, Mayor February 19, 1991 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, Helen Smith. Absent: Tom Lian. Mr. Rock announced that Mayor Rice had been hospitalized with pneumonia and everyone wished Mayor Rice a speedy recovery. Correspondence/Citizen Hearings There was no correspondence and no citizens present asked to testify on items not on the agenda. Ordinance - Civil Penalties - Zoning Code Amendment Mr. Steve Mansfield, City Attorney, explained that the Ordinance before Council reflects decision made at previous Council meeting whereby civil penalties are allowed in addition to criminal penalties for violations of the zoning code. Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Amending Chapters 17.65 and 17.67 of the City of Anacortes Municipal Code: Providing for both Civil Penalties and Appeals" be adopted and given Ordinance No. 2178. Vote: Ayes - Separovich, Rock, Brown, Smith, Maxwell, Jackson. Motion carried. Award Bid - Low Head Pump V.F.D. Installation Mr. Dave Ford, Director of Public Works, reviewed the three bids received for repair of the water treatment plant intake pump drives. Mr. Ford further stated that there were no irregularities or exceptions to the bids and recommended that the bid be awarded to Seven Sisters, Inc. in the amount of $17,951. Mr. Jackson so moved, seconded by Mr. Brown. Vote: Ayes - Rock, Brown, Smith, Maxwell, Jackson, Separovich. Motion carried. Lease Between City of Anacortes and Anacortes Arts Foundation Mr. Steve Mansfield, City Attorney, explained that the ten year lease with the Foundation for the Depot facility is essentially the same rental agreement with the Foundation that has been in effect over the last ten years. Mr. Separovich spoke in favor of the development of the Depot and moved to approve the 10 -year lease between the City of Anacortes and the Anacortes Arts Foundation for the rental of the restored Burlington Northern Depot at 7th Street_ and "R" Avenue. 991 February 19, 1991 - continued 992 Mr. Maxwell seconded the motion. Mr. Brown moved to amend the motion by approving a 5 -year lease rather than a 10 -year lease. Mr. Brown felt that a more comprehensive review could be held with a shorter lease period. Mrs. Smith seconded the motion. Mr. Winston Thompson, President of the Foundation, stated that projected fund raising/renovation would require a long-term lease commitment. Vote: Ayes - Brown, Smith, Jackson. No - Maxwell, Separovich, Rock. Amend failed to carry. Mayor Rock called for the vote on the motion to approve the lease for a 10 -year period. Vote: Ayes - Smith, Maxwell, Jackson, Separovich, Rock, Brown. Motion carried. Spring Clean-up Mr. Dave Ford, Director of Public Works, reviewed the results of the Council Study Session held on February 11th. The Council and staff discussed how the Spring Clean-up should be held this year. The Public Works suggested the following four approaches to this year's program. 1. Allow two additional cans or bags at no additional cost for the month of April. 2. No grass or brush would be collected. 3. Couches, chairs, mattresses and other bulky items would be picked up on a bulk fee basis. Current rate is $18/yard. 4. White goods such as stoves, refrigerators, washer -dryers would continue to be picked up for $10/item. Mr. Ford stated that the old landfill on A Avenue would be open -on Sa.turd•aj�s from 9-2 beginning in April for the disposal of grass or brush. The fee will be $.50/load. Mr. Jackson moved, seconded by Mr. Maxwell, to approve the proposed four points proposed by the Public Works Department. Vote: Maxwell, Jackson, Separovich, Rock, Brown, Smith. Motion carried. Mr. Rock requested that a press release be prepared with this new information and also asked that the new clean-up procedures be published on the back of the City utility bills. Food Festival Request Mr. Brown moved, seconded by Mr. Separovich, to contribute $1,500 to the 1991 Festival of 'Foods- program. •'-The money would come from the Hotel/Motel tax revenue. Vote: Ayes - Jackson, Separovich, Rock, Brown, Smith, Maxwell. Motion carried. Public Hearing - Vacation - Wright - Alley - 907 35th Street Mayor Rock reviewed the Public Hearing procedures for the following three vacation petition public hearings. Mayor Rock then opened the first public hearing on a Vacation Petition submitted by John and Violet Wright, 907 35th St., to vacate the alley behind their home. Mr. Ian Munce, Planning Director, remarked that this was the first hearing held after the Council's institution of the Board of Adjustment review procedure for all vacation requests. Mr. Munce added that the Board of Adjustment has additionally requested that neighbors within a 300 foot radius also be notified of a request to vacate - this would expand the comment area. With that, Mr. Munce provided an overhead for the first vacation request. The recommendations from the Board of Adjustment are: 1. Vacate 3 feet of the alley immediately to the south of the owners lots. The three feet of alley would eliminate structure encroachment problems. 2. The Wright's own 3 feet of the vacated alley adjacent to their property. The Board recommended a trade of the 3 feet of the alley abutting their property for alley in excess of 3 feet owned by the Wrights to the west. Mr. John Wright, applicant, stated that this arrangement was agreeable to him. Mrs. Lily Smith, 819 35th St., expressed concern about ownership/maintenance of sewer line in the alley. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell moved, seconded by Mr. Jackson, that the vacation be granted with the Board of Adjustment recommendations. Vote: Ayes - Separovich, Rock, Brown, Smith, Maxwell, Jackson. Motion carried. Public Hearing - Vacation - Lovric - Portion of Georgia Avenue Mayor Rock declared the Public Hearing open on a Petition submitted by Anton Lovric to vacate Georgia Avenue street -end between Blocks 601 and 701, Northern Pacific Addition. Mr. Lovric is requesting the vacation to develop parking for his business. Mr. Ian Munce, Planning Director, presented an overhead and explained that this street stops well short of the waterfront. The Board of Adjustment has recommended the following four conditions; Mr. Munce recommended that condition #3 should read: All easements be secured necessary to allow City access to service storm drainage. Mr. Dave Ford, Director of Public Works, expressed concern that there is a major storm drainage outfall in this area which drains the entire Cranberry Lake area. The City needs to have access to this area. There were no comments from the audience and the Mayor declared the Public Hearing closed. After discussion, Mrs. Smith moved, seconded by Mr. Brown, that the vacation be granted subject to the four Board of Adjustment recommendations as stipulated. Vote: Ayes - Rock, Brown, Smith, Maxwell, Jackson, Separovich. Motion carried. February 19, 1991 - continued Public Hearing - Vacation - Thomas - Portion of 36th St. - Alley - Kellogg and Ford Addition Mayor Rock opened the Public Hearing on a Petition to vacate a portion of 36th Street and the alley in Block 32, Kellog & Ford's Addition. The petition was submitted by Benjamin Thomas, Arlington. Mr. Munce presented an overhead for this proposal and reviewed the Board of Adjustment recommendations: To vacate only the alley. The street to be vacated should be retained by the City for possible future extensions of utilities/access. Mr. Thomas reviewed his building proposal for the Council. There were no further comments from the audience and the Mayor declared the Public Hearing closed. Mr. Jackson moved, seconded by Separovich, to approve the vacation of the alley in Block 32, Kellogg and Ford Addition. Vote: Ayes - Brown, Smith, Maxwell, Jackson, Separovich, Rock. Motion carried. The Council expressed appreciation to the Board of Adjustment for their participation in the vacation process. Resolution - Capital Improvement Program Mr. George Khtaian, Finance Director, presented a Resolution developing a Capital Improvement Program. This action is in keeping with the Council approved development of a long-range capital improvement plan. The Plan essentially projects the revenues and expenditures for major capital outlays for a six year period of time. Mr. Separovich moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Approving Development of a Capital Improvement Program (CIP)" be adopted and given Resolution No. 1138. Vote: Ayes - Smith, Maxwell, Jackson, Separovich, Rock, Brown. Motion carried. Resolution - Grant Signature Updates Mr. George Khtaian, Finance Director, presented a Resolution to Council that updates signatures required to submit documentation and sign for requests for reimbursement of monies to the City. Mr. Khtaian reviewed the extensive contract/business background of one of the signatories, Mrs. Judy Grace, City Contacts & Grants Officer. Mr. Brown moved, seconded by Mrs. Smith, that a Resolution entitled "A Resolution Replacing Resolutions No. 1089 dated 3/4/90. Authorizing Certain City Officials Signatures on State Dept. of Ewlggy aqd.ptkyer State and Federal Grants Documentation." be adopted and given Resolution No. 1139. Vote: Ayes - Maxwell, Jackson, Separovich, Rock, Brown, Smith. Motion carried. Resolution - Authorizing Boat Ramp Lease to Fidalgo Bay Partners Mr. Ian Munce, Planning Director, presented a Resolution to the Council that would authorize Fidalgo Bay Partners upon 30 -days notice to cancel their option to purchase four and one-half acres south of 30th Street. The proposed lease would begin at $2,000/month. Mr. Jackson moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution Authorizing a Lease Agreement by and between the City of Anacortes and Fidalgo Bay Partners" be adopted and given Resolution No. 1140. Vote: Ayes - Jackson, Separovich, Rock, Brown, Smith, Maxwell. Motion carried. Completion of Public Works Contract - 32nd Street Mr. Dave Ford, Director of Public Works, reviewed the 32nd Street improvement project. Currently, the City is holding $51,675.66 in retainage on this project. There are several small items on the punch list including reseeding and minor corrections in drainage. Mr. Jim Pemberton, Director of Engineering and Development Services, is requesting that the project be accepted as complete thus starting the 30 -day lien period on the retainage. Mr. Pemberton is also requesting that the retainage be released at the end of the 30 -day period providing that there are no valid liens filed and that the punch list items are completed. Mr. Brown so moved, seconded by Mr. Jackson. Vote: Ayes - Separovich, Rock, Brown, Smith, Maxwell, Jackson. Motion carried. Ordinance - Owner Responsibility - Animal Waste Mr. Separovich requested that the City Attorney assist in „ pxeparatteP(;,,of.�. legislation that would require dog owners to dispose of their pet's waste so that parks and lawns can be protected. Mr. Ford requested that the waste not be deposited in garbage cans. There being no further business, the p.m. Georg htai�n, Ci Clerk -Treasurer meeting was adjourned at approximately 9:00 James Rice, Mayor 993 994 February 25, 1991 - Special Meeting Mayor Rice called the Special Meeting to order at 9:00 a.m. Council Members present: Bill Jackson, Ken Brown, Helen Smith, Tom Lian, Bud Rock. Absent: Dean Maxwell, Ray Separovich. Mayor Rice asked Mr. Steve Colby, Director of Parks and Recreation, to introduce the agenda item - to award the bid for the Carpet/Recarpet/Stairs Anacortes City Hall and Community Center project. Mr. Colby reviewed the five bids received. The low bid was from Anacortes Interiors in the amount of $38,635.59. Mr. Colby also encouraged the Council to approve Alternate "A" bid in the amount of $25.99 per square yard for carpet overage for future repair/replacement. Mr. Colby stated that the 3rd floor installation would be completed by April 5th and the balance of the job would be completed by April 21st. Mr. Jackson moved, seconded by Mr. Lian, to award the carpeting bid to Anacortes Interiors in the amount of $38,635.59 including Alternate "A" in the amount of $25.99 per square yard for replacement pieces. Vote: Ayes - Jackson, Brown, Lian, Smith, Rock. Motion carried. There being no further business, the Mayor adjourned the meeting at approximately 9:30 a.m. a'e Geor Kht ian, Cit Clerk -Treasurer James Rice, Mayor March 4, 1991 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. Separovich moved, seconded by Mr. Jackson, that the minutes of February 19, 1991 and February 25, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings/Correspondence Mr. Dick Sands, 4817 Yorkshire Drive, presented a 450 -signature petition to the Council asking for the development of an Environmental Impact Statement (EIS) on a plan to construct additional access to the west end of the City. Mr. Sands discussed the urgent need for short- and long-term solutions to this problem. Mayor Rice discussed three alternatives: 1) emergency access only from Kingsway north through private property and out Anacopper Road. The gate to this access will be locked except in a crisis situation. 2) Development of street right- of-way from Kingsway north to N Avenue and out Anacopper Road. There are wetlands on this property and permitting and development will be time consuming. 3) Development of Kingsway through property now owned by the Port. This alternative will also be long term. Mayor Rice assured the audience that the Council is sympathetic toward and concerned about this access issue. Mr. Robert Hawkins, 4210 Bryce Drive, spoke out against the use of Bryce Drive as access for anyone other than adjacent residents. Mr. Hawkins felt that use of Bryce Drive as alternative emergency access would have a negative impact on the neighborhood. Mr. Alan Buchan, 2411 Skyline Way, co-owner of Skyline Marina, expressed his full support of improved access to the west end and asked for the City's assistance in obtaining alternate routes. Chuck Bush, 2003 9th Street, owner of a duplex in the Skyline area, presented a letter to the Council protesting the power outages and the closing of Oakes Avenue from downed trees. Mr. Bush requested that the City take enforcement action for the topping or removal of trees. Ordinance - $2,570,000 Water Revenue Bond Issue Mr. George Khtaian, Finance Director, introduced Mr. Dave Landes of Piper, Jaffray and Hopwood, Inc., bond underwriters for the City of Anacortes. Mr. Landes reviewed the Ordinance before Council for new water revenue bond issue in the amount of $2,570,000. This new bond issue is proposed for future authorized capital outlays. Mr. Landes also reviewed a water revenue bond refunding Ordianace that would refund any current outstanding bond issue at a lesser rate of interest - a projected $277,000 interest savings over the life of the bond issue. 995 March 4, 1991 - continued Mr. Brown moved, seconded by Mr. Lian, that an Ordinance entitled "An Ordinance of the City of Anacortes, Washington, relating to the water supply and distribution system of the City; specifying, adopting and ordering the carrying out of an system or plan of additions to betterments and extension of the water supply and distribution system of the City; providing for the issuance of $2,570,000 principal amount of Water Revenue Bonds, 1991, of the City for the purpose of providing a part of the funds with which to carry out that plan and capitalize a portion of the reserve; fixing the date, form, terms, interest rates, maturities and covenants of these bonds; and approving the sale and providing for the delivery of such bonds to Piper, Jaffray & Hopwood, Incorporated of Seattle, Washington." be adopted and given Ordinance No. 2181. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Mr. Brown moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance of the City of Anacortes, Washington, providing for the :issuance and sale of water revenue refunding bonds of the City in the amount of $2,380,000 for the purposes of obtaining the funds with which to refund, pay and retire a portion of the City's outstanding Water Revenue Refunding Bonds, 1985, and pay the costs of issuance and sale of those bonds; providing for and authorizing the purchase of certain obligations out of the proceeds of the bonds authorized herein and for the use and application of the money derived from those investments; authorizing the execution of an agreement with Seattle -First National Bank; fixing the date, form, terms, interest rates, maturities and covenants of those bonds; and approving the sale and providing for the delivery of those bonds to Piper, Jaffray & Hopwood Incorporated of Seattle, Washington." be adopted and given Ordinance No. 2182. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mr. Jackson moved, seconded by Mr. Rock, that the Bond Purchase Agreement between the City of Anacortes and Piper, Jaffray & Hopwood, Inc. for the above referenced issues, be approved. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Lease Agreement - City and Anacortes Arts Foundation - Depot Mr. Brown moved to reconsider the decision to approve the Lease between the City and the Art Foundation for the Burlington Northern Depot at 7th Street and "R" Avenue. Mr. Jackson seconded the motion. Vote: Ayes - Maxwell, Jackson, Brown, Lian, Smith. No - Rock. Motion carried. The matter will be before the Council at the next regularly scheduled meeting, March 18, 1991. Public Hearing - Mace Conditional Use/Vacation Mayor Rice announced that the Public Hearing on the Mace Conditional Use Application and Vacation Petition has been postponed until April 15, 1991. Ordinance - Vacation - Wright - Alley - Beales Maple Grove Mr. Steve Mansfield, City Attorney, explained that the following two Ordinances reflected action previously taken by the City Council. The Ordinance vacating a portion of Georgia Avenue/Lovric will be before the Council at the next regularly scheduled Council Meeting. Mr. Separovich moved, seconded by Mrs. Smith, that an Ordinance entitled "An Ordinance Vacating the North 3' of that Portion of the Alley Located in Block 6, Beales Maple Grove Addition to the City of Anacortes, Washington." be adopted and given Ordinance No. 2179. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Vacating that Certain Alley located in Block 32, Kellog & Ford Addition to the City of Anacortes, Washington." be adopted and given Ordinance No. 2180. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Set Public Hearing Date for Woolworth Annexation Mr. Separovich moved, seconded by Mrs. Smith, to set March 18, 1991 as the Public Hearing date on a petition for annexation submitted by Ron Woolworth. Mr. Ian Munce, Planning Director, reviewed the annexation procedures followed to date. Bid Award - Water Treatment Plant Pump Installation Mr. Mike Foster, Operations Superintendent, reviewed the bids received for the installation of pumps 9 and 10 at the Water Treatment Plant. Mr. Foster and Mr. Ed Capasso also discussed the long range benefits from the installation of this new equipment. RH2 Engineering recommends that the City award the bid for installation of pumps and a bypass system in the contract amount of $120,172.10 to Omega Construction, Inc. Mr. Maxwell so moved, seconded by Mr. Separovich. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. 996 March 4, 1991 - continued Sewer Comprehensive Plan - Consultant Agreement Mr. Jim Pemberton, Director of Engineering and Development Services, presented a draft of a consultant's agreement with EES to provide a comprehensive sewer plan for the City of Anacortes. Mr. Pemberton stated that the proposal before Council was aimed at satisfying the requirements of the Growth Management Act and is also geared toward developing a capital improvement plan for the sewer collection system. Mrs. Smith moved to authorize the execution of an agreement with EES in the amount of $30,000 to provide a Sanitary Sewer Comprehensive Plan. Mr. Jackson seconded the motion. Mr. Pemberton said that he would be working with EES to develop a project timetable, but he felt that the project would be complete by September, 1991, in order to comply with H.B.2929. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mayor Rice asked Mr. Pemberton to give a staff report on the development of the City Comprehensive Traffic Plan. Mr. Pemberton reported progress on the consultant selection, funds available for the plan development, proposed timetable and mid -project evaluation. Councilmembers expressed the urgency of receiving west end access information as soon as possible. Mr. Pemebrton also reviewed current west end emergency -only access. Resolution - Interlocal Cooperation Agreement - Establishment of a Joint Recycling Program Mayor Rice presented a Resolution to the Council authorizing an :Interlocal - Agreement providing for the development of RFPs for the collection, - transportation, processing and marketing of designated recyclable materials. The Interlocal Cooperation Agreement before the Council will establish a Joint Recycling Program. Mayor Rice stated that the Agreement calls for curbside recycling by January of 1992. Mr. Separovich moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Authorizing and Directing Execution of an Interlocal Cooperation Agreement for Establishment of a Joint Recycling Program between Skagit County, Mt. Vernon, Burlington, Sedro Woolley, and the City of Anacortes." be adopted and given Resolution No. 1141. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Mayor Rice reported that in 1990, 202 tons of newsprint were deposited at the three drop sites. This is approximately one-third of. the newsprint that comes into Anacortes. Mayor Rice urged everyone to continue to drop off their newsprint at the recycling centers. Study Session Mayor Rice announced that the Council would be studying the PUD proposed tie- in to our water system. There being no further business, the meeting was adjourned at 8:50 p.m. Geor htai ity Jerk -Treasurer March 18, 1991 James Rice, Mayor Mayor Pro -Tem Bud 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 asked that the second page, third paragraph, fourth sentence be corrected to read: "No - Rock, Separovich." With that correction, Mr. Lian moved, seconded by Mr. Jackson that the minutes of March 4, 1991 be approved. Vote: Ayes - Jackson, Separovich, Rock, Brown, Lian, Smith. Motion carried. Correspondence/Citizen Hearings s There was no correspondence and no citizens present asked to testify on items not on the agenda. March 18, 1991 - continued Public Hearing - Woolworth Annexation Mayor Rock opened the Public Hearing to take comments on an annexation petition submitted by Puget Sound Development Company. The area to be annexed is approximately 40 acres in the vicinity of Heart Lake and Havekost Road. Mr. Ian Munce, Planning Director, stated that this evening's Public Hearing together with the Ordinance before Council represented the third and final phase of the annexation procedure. There were no comments from the audience and Mayor Rock declared the Public Hearing closed. Mr. Lian moved, seconded by Mrs. Smith that an Ordinance entitled "An Ordinance of the City of Anacortes, Washington, Annexing Certain Real Property to said City Pursuant to the Petition Method, Requiring Said Property to be Assessed and Taxed at the Same Rate and Basis as other Property within said City, Designating in the Official City Comprehensive Plan and Zoning Map the Property as Rural and Fixing the Effective Date of Annexation" be adopted and given Ordinance #2183. Vote: Ayes - Separovich, Rock, Brown, Lian, Smith, Jackson. Motion carried. Ordinance - Vacation - Lovric Mr. Steve Mansfield, City Attorney, reported that the Ordinance approving the Lovric vacation of a portion of Georgia Avenue requires the incorporation of complex conditions and that the Ordinance is still being developed. Mayor Rock stated that the matter would be held over to the next Council Meeting. Lease Agreement - City and AAF - Depot Mr. Brown spoke in favor of a five year lease with the Anacortes Arts Foundation rather than renewing the proposed ten year lease. Mr. Brown further recommended that the Foundation provide an annual financial statement to the Council and that a representative from the Council serve as an ex -officio member of the Foundation Board. With those three stipulations, Mr. Brown moved to renew the lease with the Anacortes Arts Foundation for the rental of the Burlington Northern Train Depot located at 7th Street and "R" Avenue for a term of five years with the first right of refusal. Mrs. Smith seconded the motion. Mr. Separovich recommended a ten year lease so that the Foundation could carry on with their long range community arts planning. Mrs. Maria Petrish, Mrs. Beverly Holle and Ms. Susan Ward, officers on the Foundation Board, all spoke in favor of a ten year lease. After considerable discussion, the Council voted on Mr. Brown's motion as follows: Vote: Ayes - Brown, Lian, Smith, Jackson. No - Rock, Separovich. Motion carried. Chamber of Commerce Update Mrs. Melanie Siefferman, Executive Director for the Chamber of Commerce, announced that the Chamber and Port are sponsoring the first Waterfront Festival on the 5th, 6th, and 7th of April. Mrs. Siefferman also announced that the general Chamber membership meeting would be held on March 21st at 6:00 p.m. at the Shell Oil Refinery employee's club building. Surplus Sweeper #303 Mr. Dave Ford, Director of Public Works, requested that the Council surplus Sweeper 4303. Mr. Jackson so moved, seconded by Mr. Separovich. Vote: Ayes - Brown, Lian, Smith, Jackson, Separovich, Rock. Motion carried. Award Bid - 1991 10 -Yard Dump Truck Mr. Dave Ford, Director of Public Works, presented the bids received for the purchase of a 10 -yard dump truck. Mrs. Smith moved, seconded by Mr. Brown, to approve the purchase of a 10 -yard dump truck from the low bidder, Motor Trucks, Inc. in the total amount of $71,925.19. Vote: Ayes - Lian, Smith, Jackson, Separovich, Rock, Brown. Motion carried. Increase SCOL Dues Mayor Rock presented a request from the Skagit Council of Governments to increase dues in the amount of $2,398.00. Councilmembers requested more information on the justification for the increase and decided to hold this matter over to the next regular meeting. Proposed Sale Property to John Sargent Mr. Steve Colby, Director of Parks and Recreation, presented the Council with a request from Mr. John Sargent to purchase a portion of previously vacated West 6th Street. Mr. Sargent owns one half of the vacated street and the other half is now part of the Community Forest Lands. Mr. Sargent's request was taken to the Anacortes Community Forest Board. The Board recommended the sale of the property - Mr. Colby recommended a sale price of $32,100. Mr. Sargent had the property appraised by Mr. Wayne Hancock, SRA and Mr. Hancock's report determined an appraised value of $6,660. Mr. Sargent spoke in favor of the sale. Mr. Separovich moved, seconded by Mr. Rock, to approve the property sale in the amount of $6,660. Mrs. Smith moved to table the matter to the next regular meeting. Mr. Jackson seconded the motion. Vote: Ayes - Smith, Jackson, Rock, Brown, Lian. No - Separovich. Motion carried. 0997 998 March 18, 1991 - continued Utility Extension Agreement Mr. Jim Pemberton, Director of Engineering Services, presented a request for a short utility extension in the area of 17th Street and "C" Avenue. This is a request to extend approximately 576 feet of sanitary sewer to serve 10 lots in Block 232 of the Origianl Addition of Anacortes. Mr. Pemberton reviewed the development plans for this area. The developer is Mr. Mike Whitmer; Mr. Pemberton stated that Mr. Whitmer may apply for a latecomer's agreement prior to commencing this work. Mr. Brown moved, seconded by Mr. Separovich, to approve the Utility Extension Agreement. Vote: Ayes - Jackson, Separovich, Rock, Brown, Lian, Smith. Motion carried. Approval Engineering Contract - Rh2 - Installation of Pumps Mr. Dave Ford, Director of Public Works, reviewed previous action taken by Council to approve a contract with Omega Contractors to install two motors and pumps at the Water Treatment Plant. These are new pumps in addition to the eight the City already has. The request before the Council in a not to exceed amount of $14,562 is for professional engineering services necessary during the installation of the pumps. Mr. Separovich moved, seconded by Mr. Lian, to approve the Engineering Contract with RH2 in the not to exceed amount of $14,562. Vote: Ayes - Separovich, Rock, Brown, Lian, Smith, Jackson. Motion carried. Oak Harbor Boat Works - Lease Extension Mr. Ian Munce, Planning Director, reviewed the existing Teases in the urban renewal area. Mr. Munce then presented a request from Oak Harbor Boat Works to amend the lease agreement with the City to have the term of the lease begin on September 1, 1991 rather than April 1, 1991. Mr. Lian moved, seconded by Mrs. Smith, that a Resolution entitled "A Resolution Amending Resolution No. 1123 Authorizing a Revised Lease Agreement by and between the City of Anacortes and Oak Harbor Boat Works." be adopted and given Resolution No. 1142. Vote: Ayes - Rock, Brown, Lian, Smith, Jackson, Separovich. Motion carried. There being no further business, the meeting was adjourned at 9:00 p.m. Geo ' Khty Clerk -Treasurer James Rice, Mayor April 1, 1991 Mayor Rice called the meeting to order followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Tom Lian, Bud Rock. Absent: Ken Brown, Helen Smith. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Lian, that the minutes of March 18, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Lian, Rock, Maxwell. Motion carried. Street Closures - Waterfront Festival, Festival of Foods Mayor Rice presented two requests for street closures during upcoming community activities. The Chamber of Commerce on behalf of the Waterfront Festival, requested that R Avenue, 7th to 9th Streets be closed for April 6th and 7th. The second request from the Festival of Foods is to close 9th Street from Q to R Avenues on the evening of the 19th, and the 20th and 21st of April. Mr. Separovich moved, seconded by Mr. Lian, that the requests be approved. Vote: Ayes - Separovich, Lian, Rock, Maxwell, Jackson. Motion carried. Ordinance - Lovric Vacation - Portion of Georgia Avenue Mayor Rice announced that the Ordinance for the vacation of a portion of Georgia Avenue would be on a later agenda. 099; April 1, 1991 - continued Increase of SCOG Dues Mayor Rice reviewed the purpose of and benefits derived from the Skagit Council of Governments. Mr. Bob Ruby, Executive Director of SCOG, explained the need for increased SCOG dues. Over the past several months, the Directors of SCOG have approved new Countywide projects - prompted in part by compliance requirements of the Growth Management Act. The Federally initiated change in the revolving loan fund as to how much allowable interest could be spent for administrative purposes together with increased administrative costs have brought about the need to raise dues. After discussion, Mr. Separovich moved, seconded by Mr. Rock, to approve the $2,850 increase in SCOG dues. Vote: Ayes - Lian, Rock, Maxwell, Jackson, Separovich. Motion carried. Proposed Sale of Property - John Sargent Mayor Rice reported that further investigation on the proposed sale of previously vacated right of way to John Sargent, has shown that the vacated street conveyed to the City is now part of the public park property. The vacated street is subject to the same restrictions applied to the abutting park property, and,as such cannot be used for any other than strictly public park purposes. Mr. John Hicks, Attorney for Mr. Sargent, taking the position that the City could in fact sell the vacated street, requested that Mr. Sargent be allowed to purchase the property. Mr. Sargent is facing access problems for Lot 2 of his proposed short plat. Mr. Dick Threet, 2801 17th St., said that the problem with the request is that it is based on the issue of access to lots on a short plat that does not exist. Mr. Separovich said that after viewing the property, he could not determine of what use the property would be to the City. Mr. Ross 0. Barnes, 104 Harbor Lane, expressed concern over setting a precedent by selling the property. Mr. Maxwell moved, seconded by Mr. Jackson, to deny the request for the sale of the property. Vote: Ayes - Rock, Maxwell, Jackson, Lian. No - Separovich. Mr. Sargent reviewed his attempts to complete his short plat/drainage project. Ms. Minnie Rinck spoke on behalf of Mr. Sargent and the development of his property. Park & Recreation Department Move to City Garage, 6th & Q Mayor Rice announced that the Parks Department would be moving to the south garage facility, 6th and Q Avenue. The north area would be used for additional parking. The plans include a pitched roof, wood floor and necessary partitions. The estimated cost is $50-55,000. The majority of the monies will come from the Park & Recreation Capital Improvement Fund. In answer to a question from Mr. Separovich, Mr. Rice stated that the lease with the Boxing Club ends in June of this year. The Council requested additional information/drawings before making a decision. Viet Nam Veterans - Banner on Commercial Avenue Mayor Rice presented a request from the Viet Nam veterans to hang a banner across the south end of Commercial Avenue. They would like to leave the banner in place until November 11, removing it for July 4th and Shipwreck Days. The banner will honor all veterans and military personnel. Mr. Maxwell moved, seconded by Mr. Rock, to approve the banner. Vote: Ayes - Maxwell, Jackson, Separovich, Lian, Rock. Motion carried. Ordinance - No Parking_ Ferry Terminal Road Mayor Rice presented an Ordinance that would prohibit parking a vehicle or trailer on Ferry Terminal Road. Mr. Separovich moved, seconded by Mr. Lian, that the Ordinance be adopted and given Ordinance No. 2184. Vote: Ayes - Jackson, Separovich, Lian, Rock, Maxwell. Motion carried. Award Bid on "Q" Avenue Waterline Mayor Rice reviewed the six bids received for the construction of the "Q" Avenue waterline extension which would tie in the water system between 17th Street and 15th Street on "Q" Avenue. The low bid received was from Lake Erie Trucking of Anacortes in the amount of $29,113.42. Mr. Lian moved, seconded by Mr. Jackson, to accept the low bid. Vote: Ayes - Separovich, Lian, Rock, Maxwell, Jackson. Motion carried. Utility Extension Application Mayor Rice presented a request from Mr. Ed Michaelson of Anacortes to extend both sanitary sewer and City water on Heart Lake Road in the vicinity of old Heart Lake Reservoir. Mr. Lian moved, seconded by Mr. Jackson, to approve the utility extension application. Vote: Ayes - Lian, Rock, Maxwell, Jackson, Separovich. Motion carried. April 1, 1991 - continued Bids - Garbage Containers Mayor Rice reviewed the bids received for the purchase of two 6 yard containers, fifteen 3 yard containers and thirty 11/2 yard containers. Low bid was received from Capital Industries, Inc., Seattle, Washington in the amount of $21,126.05. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Lian. Motion carried. Owner Maintenance - Walking the Dog Mr. Separovich suggested signage at the Parks to prevent dogs running loose and spoiling the ground with dog deposits. There being no further business, the meeting was adjourned at approximately 8:15 p.m. G";70 Kht ian, City Clerk -Treasurer James Rice, Mayor April 15, 1991 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 April 1, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence/Citizen Hearings Festival of Foods - Street Closure Evelyn Hawk presented a request from the Festival of Foods for permission to use "R" Avenue from 9th to 4th Street for the carnival. The carnival will run from Friday to Sunday but will probably need the area from Wednesday on to set up. Mr. Rock said that alternate sites had been reviewed, but that the closure of "R" Avenue would be the best location for the carnival. Mr. Maxwell moved, seconded by Mr. Brown, to authorize closure of "R" Avenue from 9th to 4th Streets from Wednesday, April 17, through Sunday, April 21st. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Mayor Rice asked the Festival of Foods group to do what they could to leave openings for emergency access. Continued Public Hearing - Mace Conditional Use/Vacation Mayor Rice opened the continued Public Hearing to take comments on a proposed Street Vacation Petition and Conditional Use Permit submitted Mr. Jack Mace. Mr. Ian Munce, Planning Director, explained that although the meeting is technically a continued public hearing, it is the first time that this matter has been before Council. The Public Hearing has been postponed until such time as the Planning Commission could make a recommendation to the Council. Mr. Munce then began a review of the proposal by stating that the project site is generally located at Harrison Avenue and Shannon Point Road. Mr. Munce presented an overhead showing the location of the wetland and storm sewer outfall located on the project site, explaining that due to the City's wetland protection regulations, Mr. Mace lost two of his original six building sites. Mr. Mace has proposed the vacation of portions of Harrison Avenue, "D" Street and Shannon Point Road and has also proposed two small encroachments into the wetland buffer zone so that he could gain the area needed to develop his original six sites. In exchange for this, the City would receive the wetland area presently owned by Mr. Mace. The Planning Commission recommended approval of the vacation and conditional use with several conditions including the proviso that only the south 50' of Harrison Avenue be vacated to ensure access to Wilco -Hawaii's property north of Harrison Avenue. In response to concerns raised by Ross Barnes, consultant for Mr. Mace, that the City is placing too much of the burden for the drainage problem by requiring an adequate drainage plan, Mr. Munce explained that condition #E merely ensures that the applicant will provide adequate storm flow capacity. 1001 April 15, 1991 - continued Mr. Munce also addressed the request submitted by Mrs. Dorothy Conklin, Wilco - Hawaii, that no action be taken on Mr. Mace's proposal until the status of the entire wetland area can be studied. Mr. Munce's recommendation is that Mr. Mace's project not be delayed in order to review a separate development project. Mayor Rice then opened the meeting to audience participation. Mrs. Dorothy Conklin, Wilco -Hawaii, stated that the environmental issues affecting both her property and Mr. Mace's are related. Mr. Roland Culbertson, 1017 Puget Way, disagreed with the area being classified as a wetland. Mr. Ross Barnes, consultant for Mr. Mace, discussed at length, his objection to the condition that Mr. Mace provide a drainage plan for the entire area. Mr. Barnes inquired about duration of the conditional permit. Mr. Munce explained that should the Council approve the street vacations and the ownership of Mr. Mace's lots is transferred to the City, at that point the implementation requirement of a conditional use permit would be satisfied. Mr. Dick Threet, 2801 17th Street, discussed what he considered to be a deficient wetland report prepared for Wilco -Hawaii by Pentec and didn't see why Mr. Mace would need to wait on his project. Mr. Bill Carlisle, 2607 Highland Drive, Planning Commission member, felt that the Planning Commission Public Hearing was closed prematurely. Mr. Carlisle recommended to the City Council that this project be sent back to the Commission or delayed until such time as further studies of the wetland, drainage and development issues can be provided. Mr. Threet inquired about the Jones & Stokes Sensitive Area maps being prepared for the City. Mr. Culbertson showed an overhead of a Pentec drawing of 5th St. wetlands. Mrs. Conklin again addressed the issue of 5th Street wetlands/Pentec report. There were no further comments and the Mayor declared the Public Hearing closed. Coucilmembers inquired about access and drainage calculations. After discussion, Mrs. Smith moved, seconded by Mr. Jackson, to approve the Conditional Use to encroach into the wetland buffer subject to seven conditions recommended by the Planning Commission. The motion also includes approval for vacations of portions of Harrison Avenue, Shannon Point Road, and "D" Street. Vote: Ayes - Brown, Smith, Rock, Maxwell, Jackson, Separovich. No - Lian. Motion carried. Amended Ordinance - Heckard Vacation Mr. Steve Mansfield, City Attorney, reviewed the previous Council action taken on a petition to vacate streets and alleys in the 1st Plat of Ships Harbor Addition. The petitioners were assessed $.17 per square foot; some of the property owners involved decided not to pay that amount and withdrew their requests. The Ordinance before Council reflects the amended legal description of area to be vacated. Mr. Jim Pemberton, Director of Engineering Services, provided an overhead showing the rights-of-way to be vacated by the amended Ordinance. Mr. Rock moved, seconded by Mr. Maxwell, that an Ordinance entitled "An Ordinance Amending Section 1 of Ordinance No. 2163, Passed and Approved on the 15th day of October, 1990, and Entitled "An Ordinance Vacating Certain Street Right Of Ways and Alley Right Of Way Located in the First Plat of Ships Harbor Addition to the City of Anacortes" be adopted and given Ordinance No. 2185. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. 4th of July Request Mrs. Felicia Childs presented a request for $5,000 for this year's 4th of July celebration. Mrs. Childs reviewed the proposed events. Mrs. Childs said that she would campaign for funds to match the City's contribution. The Council requested more information on the cost of a fireworks display and the matter was held over until the May 6th agenda. Public Hearing - Revise Anacortes Community Forest Lands Plan, 1990 Mayor Rice opened the Public Hearing to take comments on the proposed update of the Anacortes Community Forest Lands Plan. Mayor Rice expressed his appreciation for the community support of the Forest Lands. The Mayor also stated that revenue logging will not be allowed on the Forest Lands. Mr. Ian Munce, Planning Director, mentioned that the Council received copies of all the exhibits, letters and background information on this project. Mr. Ross Barnes, 104 Harbor Lane, spoke in favor of the project and expressed appreciation for the efforts made by Doreen Dunton, founder of Friends of the Forest and for Mr. Stan Kurowski's leadership. Mr. Phil Burton spoke in favor of adopting the Plan. Mrs. Smith expressed appreciation for the study material provided by the Planning Department and for Mr. Barne's contributions. So saying, Mrs. Smith moved, seconded by -Mr. Jackson, to approve the revised Anacortes Community Forest Lands Plan. Vote: Ayes - S mith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried.. April 15, 1991 - continued Completion of Public Works Contract - "D" Avenue Booster Station Mr. Jim Pemberton, Director of Engineering Services, reviewed the "D" Avenue booster station construction project. The work is now complete and the total cost of the finished project was $91,981. Mr. Pemberton asked that the Council accept the project as complete so that the 30 day mandatory lien period could begin. Mr. Pemberton further requested permission to release the retainage of $4,599.05 at the end of that 30 day lien period provided no valid claims are filed. Mr. Rock so moved, seconded by Mr. Lian. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Lease Revision - Oak Harbor Boat Works Mr. Ian Munce, Planning Director, presented a Resolution that would correct the Oak Harbor Boat Works Lease termination date to read August 31, 1996. Mr. Jackson moved, seconded by Mr. Lian, that a Resolution entitled, "A Resolution Amending Resolution No. 1142 Authorizing a Revised Lease Agreement by and between the City of Anacortes and Oak Harbor Boat Works" be adopted and given Resolution No. 1143. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Road Closure - Dare Car Show Mayor Rice presented a request from the DARE program for approval to close 10th Street between 110" and "Q" Avenues on April 21st. Commercial Avenue is to be left open. The event will be the annual DARE Car Show. Mr. Lian moved to approve the request, seconded by Mr. Brown. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Resolution - Setting Public Hearing Date - Vacate Ptn of 22nd St. Mayor Rice presented a Resolution setting May 20, 1991 as the Public Hearing Date on a Petition submitted to vacate a portion of 22nd Street. Mrs. Smith moved, seconded by Mr. Separovich, to adopt the Resolution giving it Resolution No. 1144. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell, Jackson. Abstain - Rock. Motion carried. Resolutions - Recognizing City Employees Mr. Steve Mansfield, City Attorney, read Resolutions honoring Norma Bacetich and Donna Stamos for their outstanding dedication to their jobs and their community and extending best wishes for a long and happy retirement to both Mrs. Bacetich and Mrs. Stam6s. Mr. Jackson moved, seconded by Mr. Rock, to adopt Resolution No. 1145 honoring Donna Stamos, and Resolution No. 1146 honoring Norma Bacetich. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Master License Request - Anacortes Arts & Crafts Festival Mayor Rice presented a request from the Anacortes Arts & Crafts Festival to recieve a master license for the 1991 Festival on August 3rd and 4th. The Festival is also asking that the fee and bond requirements be waived. Mr. Lian moved, seconded by Mr. Separovich, to approve the request. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Resolutions - Water Contract Rates Mr. George Khtaian, Director of Finance, compared the new water rates with a summary breakdown of 1990 water volumes/revenues, capacity charges and fixed operating rates. Mr. Jackson moved, seconded by Mr. Rock, that the following five Resolutions be adopted and given numbers: Resolution amending water contract by and between the City of Anacortes and Shell Oil Company - Resolution No. 1147; Resolution amending water contract by and between the City of Anacortes and Texaco Refining & Marketing, Inc. - Resolution No. 1148; Resolution amending water contract by and between the City of Anacortes and the City of Oak Harbor - Resolution No. 1149; Resolution amending water contract by and between the City of Anacortes and the Town of LaConner - Resolution No. 1150; Resolution amending by and between the City of Anacortes and P.U.D. #1 of Skagit County - Resolution No. 1151; and Resolution amending water contract by and between the City of Anacortes and the Swinomish Tribal Community - Resolution No. 1152. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Easement - Anacortes Yacht Service Mr. Ian Munce, Planning Director, presented a Resolution to Council that would execute a previously promised access easement to property owned by Anacortes Yacht Service in the Urban Renewal Area. Mrs. Smith moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Authorizing Execution of an Easement" be adopted and given Resolution No. 1153. Vote: Ayes - Rock, Maxwell, Jackson, Sepatrovich, Brown, Lian, Smith. Motion carried. 1003 April 15, 1991 - continued Resolution - Inviting Lomonosov, USSR to Become a Sister City Mr. Steve Mansfield, City Attorney, read a Resolution extending an invitation to the City of Lomonosov, USSR, to become a Sister City with the purpose of creating greater mutual understanding between the people of our Cities. Mr. Jackson moved, seconded by Mr. Brown, to adopt Resolution No. 1155. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Resolution Declaring City's Support of Efforts to Increase US Share of Fraser River Salmon Catch Mr. Steve Mansfield, City Attorney, read a Resolution declaring the City's support of efforts to increase US share of the Fraser River Salmon Catch. Mr. Separovich moved, seconded by Mr. Rock, to adopt Resolution No. 1154. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Special Study Meeting - Nelbro Neighbors Mr. Ian Munce, Planning Director, made a request of the Council to hold a Special Study Meeting with the nearby residents of the Nelbro Fish Processing Company to review the status of that neighborhood conflict. Easement - Sargent's Plat Mr. Ian Munce, Planning Director, presented a proposal to the Council to grant an easement to the owner of Lot 2, Sargent's Plat. Mr. Steve Mansfield, City Attorney, explained that the owner of that lot is required to have ownership fronting on a public street. The easement could be used as a private driveway and is not inconsistent with the previous use of the property. Mrs. Smith moved, seconded by Mr. Brown, that the City Attorney prepare a.Resolution conveying this easement. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. There being no further business, the Mayor adjourned the meeting at approximately 9:15 p.m. Geo r Khtaon, CitylClerk-Treasurer James Rice, Mayor May 6, 1991 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, Ken Brown, Tom Lian, Helen Smith, Bud Rick. Absent: Ray Separovich. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Brown, that the minutes of April 15, 1991 be approved as if read. Vote: Ayes - Jackson, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence/Citizen Hearings There was no correspondence and no citizens present asked to testify on items not on the agenda. 911 Countywide Interlocal Agreement Police Chief, Tony Lippe, reviewed the services to be provided by virtue of implementing the countywide 911 emergency dialing system. Chief Lippe explained that the City of Anacortes will be a Public Service Answering Point and will be responsible for routing emergency calls to the proper dispatching location. The City will be required to have at least two dispatchers on duty at all times. Under the terms of the agreement, the County will compensate the City for salary/benefits for one dispatcher. Mayor Rice stated that the Agreement would be before the Council at the next regularly scheduled meeting. Ordinance - Vacation - Mace Mr. Steve Mansfield, City Attorney, presented an Ordinance that reflected previous action taken by the Council to approve street vacations that would allow a wetland buffer encroachment. Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Vacating a Portion of Harrison Avenue, a Portion of Shannon Point Road, and a Portion of D Avenue Located in First Plat of Ships Harbor Addition to Anacortes." May 6, 1991 - continued be adopted and given Ordinance No. 2186. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. 4th of July Request for Funds - Felicia Childs Mayor Rice reviewed the fireworks cost breakdown provided by Ms. Felicia Childs. Ms. Childs spoke in favor of the Pyro Spectaculars proposal; although it is more costly, the insurance coverage is more comprehensive. Discussion ensued regarding the expenditure of tourism funds. Mrs. Smith emphasized that this was the 4th of July celebration during the City's Centennial year and an appropriate time for this type of expense. Mrs. Smith moved to award the funds as follows: Fireworks - $1,500; Event expenditures - $750.00. Mr. Jackson seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Brown. No - Lian. Motion carried. Resolution - Sargent Easement Mayor Rice presented a request by Mr. John Sargent for an access easement to his property over the southerly 30 feet of vacated West 6th Street. Mr. Jim Pemberton, Director of Engineering Services, expressed concern. that this easement would convey utility easement as well as access. This would be contrary to ordinances already in place regarding utility extensions. Discussion ensured regarding the approval of an access easement to a Short Plat application that has not yet been approved. Mr. John Prosser, representing prospective buyers of a lot in Sargent's short plat, spoke in favor of granting the access easement. Mr. Dick Threet, 2801 17th St., stated that Lot 2 fronts on a cul-de-sac and the easement should be granted for Lot 1 only. Mr. Threet said that granting the easement prior to plat approval would determine final configuration of the lots. Mr. Prosser recommended that the Council visit the site. After further discussion, Mr. Brown moved, seconded by Mr. Rock that a Resolution entitled "A Resolution Authorizing and Directing Execution of an Easement from the City of Anacortes to John J. Sargent and Marjorie Sargent." be adopted and given Resolution No. 1156. Mr. Brown clarified that this easement was egress and ingress only. Vote: Ayes - Smith, Rock, Jackson, Brown. No - Maxwell, Lian. Motion carried. D.O.E. Stormwater Grant Mr. Jim Pemberton, Director of Engineering Services, reviewed the Centennial Clean Water Fund grant agreement for the City of Anacortes' Stormwater Quality Management Plan project. Mr. Pemberton also reviewed the project schedule and tasks. Mr. Rock moved, seconded by Mrs. Smith, to participate in the grant agreement. Vote: Ayes - Rock, Maxwell, Jackson, Brown, Lian, Smith. Motion carried. Oakes Avenue Encroachment Mayor Rice reviewed an_ encroachment agreement between the City and a homeowner on Oakes Avenue. The homeowner unknowingly landscaped a portion of the City right-of-way; the City then entered into an encroachment agreement. The Mayor explained that this procedure is usually handled in- house; however, a complaint had been filed expressing concern that as the plantings in the landscaped area grew, the view of the water would be obstructed. There have been no complaints from the surrounding neighbors; the citizen objecting said that his view would be obstructed when he walked by. The Council expressed appreciation for Mr. Pemberton's explanation of the situation and determined that no change was necessary in the encroachment agreement process. Sanitation Department - Yard Service Mr. Doug Terry, Maintenance Superintendent, reviewed the proposed yard waste collection policy and rate schedule. The new system proposes a flat rate/route management method. Yard service customers would be identified by a decal on the primary garbage can. Councilmembers expressed appreciation for the flexibility of the proposed program. Mrs. Smith moved, seconded by Mr. Jackson, that the City Attorney prepare an Ordinance defining the yard service program. Vote: Ayes - Maxwell, Jackson, Brown, Lian, Smith, Rock. Motion carried. Water Rate Study Contract Mayor Rice explained that the City updates its water rates on a 3 -year cycle. The proposal submitted by Economic & Engineering Services, Inc. contained a bid of $15,000-$18,000, considerably less than the $41,000 proposed by R.W. Beck and Associates. R.W. Beck has been the City's water rate consultant for several years. The recommendation from the Finance Director was to accept Economic & Engineering Services as the water rate consultants for the City of Anacortes. Mr. Jackson so moved, seconded by Mr. Lian. Vote: Ayes - J ackson, Brown, Lian, Smith, Rock, Maxwell. Motion carried. 1005 May 6, 1991 - continued Board Appointment Mayor Rice appointed Mr. Mel Farnsworth to fill the unexpired term of the late Norwood Young who served on the Civil Service Commission. All America City Mayor Rice requested authorization for funding to send Mr. George Khtaian and Mrs. Helen Smith to San Antonio. They will be representing the City of Anacortes in the All -America City selection. Mayor Rice extended his appreciation and praise to all those participating. Mr. Maxwell moved, seconded by Mr. Lian, to approve the expenditure. Vote: Ayes - Brown, Lian, Rock, Maxwell, Jackson. Abstain: Smith. Motion carried. Mayor Rice particularly extended thanks to Mrs. Smith for her contribution to this project. Study Session Mayor Rice announced that the new quarters for the Park & Recreation Department and an update on the secondary sewer treatment plant will be topics for study. There being no further business, the Mayor adjourned the meeting at approximately 8:30 p.m. Georg�;Ikhtai , City lerk-Treasurer May 20, 1991 A �A�s 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 May 6, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Centennial Presentation to Mayor Rice Mrs. Ginger Houston, Centennial Chairperson, presented the Mayor with a birthday card prepared by KLKI and signed by hundreds of citizens. The audience gave a round of applause to Mrs. Houston for her tremendous effort in organizing the Centennial activities. Mrs. Gouston then presented the Mayor with Centennial momentos. Ordinance - Implementing Yard Service Program Mayor Rice presented an Ordinance reflecting previous action taken by the Council to implement new rates and a residential yard waste program. Mr. Jackson moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Setting Fees for Pickup of Residential and Commercial Garbage, Rubbish, and Yard Wastes, Providing Definitions, and Repealing Ordinance No. 2171" be adopted and given Ordinance No. 2189. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. During discussion, Mayor Rice announced that the April cleanup program has been extended through the month of May. Mayor Rice also expressed deep appreciation for an anonymous donation made to the Forest Endowment Fund. Ordinance - Lovric Vacation Mayor Rice stated that the Lovric Vacation Ordinance would be before the Council at the June meeting. May 20, 1991 - continued Funding Request - At -Risk Intervention Program Mr. Chris Tobey of the At Risk Intervention Program presented a request for funding in the amount of $6,500. Mr. Tobey explained that a need exists for a child mental health specialist to increase assessibility and delivery of service to children and families living on Fidalgo Island. Mr. Tobey said that the County and local school districts work together to help students to stay in school and to help with at -risk behavior such as alcohol/drug abuse and truancy. The $6,500 from the City would contribute toward the salary of the specialist. Mr. Jere LaFollette, Director, Skagit Community Mental Health Center, Mr. Bill Vaux, Chairman of the Board of County Commissioners, and Mr. Dennis Haddock, Director of Special Programs, Anacortes School District, all spoke in favor of the at -risk program and the need for funding assistance during the first year of implementation. After Discussion, Mr. Separovich moved, seconded by Mr. Jackson to approve the request for $6,500. Mr. Lian asked if any other cities were participating financially. Mr. Vaux said that at this time, Anacortes would be the only school district to have a secondary couselor in place. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Countywide 911 Interlocal Agreement Mr. Tom Sheehan, Director of County Emergency Services, presented the Interlocal Cooperative Agreement for Countywide 911 Implementation. This agreement would be between Skagit County and Anacortes, Burlington, LaConner, Concrete, Mt. Vernon, Sedro Woolley, and Swinomish Tribe. Two public service answering points would be used in this system, one in Mt. Vernon and the other in Anacortes. Mr. Dave Mead, Assistant Police Chief, discussed the staffing requirements. Mr. Steve Mansfield, City Attorney, said that he would be reviewing the Hold Harmless section of the agreement; however, the Council could approve the document at this time. Mrs. Smith moved, seconded by Mr. rock, to participate in the 911 Interlocal Agreement. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Public Hearing - Vacation Petition - Portion of 22nd St. Mayor Rice announced that this Public Hearing would be continued to the July 1, 1991 meeting. Public Hearing - Wetland Restoration - Hawkings The Mayor opened the Public Hearing on a Conditional Use application submitted by Ed Hawkings to restore a disturbed wetland area located at approximately West 8th and Kansas. Mr. Ian Munce, Planning Director, reviewed the history of the wetland disturbance and adverse effects. Mr. Munce discussed the 3 - year monitoring program, short-term stormwater retention, and stormwater design for Mr. Hawkings' property. Mr. Munce explained that the Planning Commission had voted 5-1 to approve the application with one condition. Mr. Munce also discussed the likelihood of wetland areas to the north of Mr. Hawkings' property. Mrs. Laurie Skillman, 3611 W. 6th, asked for further description of a retention pond. Mr. Gary Sturdy, engineer for Mr. Hawkings, responded. Mr. George Livsey, Attorney for Mrs. Margaret Jones, expressed appreciation for information distributed to property owners of undeveloped block north of Mrs. Hawkings' property. Mr. Livsey proposed that all of the run-off from Mr. Hawkings' property be captured by his stormwater management design. Mr. Munce explained that no action could be taken that might alter potential wetland areas on the property to the north. Bea Rogers asked if the water was going to be diverted onto her property. Kathy McDermott, 3707 W. 6th, asked about depth of the pond and whether it would be fenced. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Smith moved to approve the Conditional Use Application with the condition that the project be started within 30 days of City Council approval. Mr. Maxwell seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. 1007 May 20, 1991 - continued Public Hearing - Conditional Use - 2nd Unit in LM Zone Mayor Rice opened the Public Hearing to take comments on a Conditional Use application to build a second residential unit on property at 518 4th St. Mr. Ian Munce, Planning Director, explained that this use had come before the City as an enforcement matter. The second residential unit had been created without benefit of building permit/conditional use permit. When contacted, Mr. Bob Anderson, secured the necessary building permits and applied for a conditional use permit. Mr. Anderson said that he has only owned the property for approximately two years. There is no record of an approved conditional use nor is there a record of when the unit was first used as a residential dwelling. In light of this, the Planning Commission voted to recommend approval of the Conditional Use Permit. Discussion ensued regarding the limited parking at this site. Mr. Lian moved, seconded by Mr. Brown, that the Conditional Use Permit be granted to have a second residential unit at 518 4th Street; which is zoned Light Manufacturing. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Payroll/Claims Warrants - December, January, February, March 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, May 20, 1991, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: December: payroll warrant numbers 18443 through 18752 in the total amount of $323,563.94 and Claim Warrant Numbers 21245 through 21869 in the total amount of $3,436,502.43. January: payroll warrant numbers 18753 through 19063 in the total amount of $343,577.63 and Claim Warrant Numbers 21628 through 22071 in the total amount of $606,114.46. February: payroll warrant numbers 19064 through 19381 in the total amount of $339,525.88 and Claims Warrant Numbers 21972 through 22451 in the total amount of $1,824,268.10. March: payroll warrant numbers 19382 through 19707 in the total amount of $334,654.86 and Claims Warrant Numbers 22347 through 22858 in the total amount of $2,219,664.20. Resolution - Check Signing Authority Mr. George Khtaian, Finance Director, presented a Resolution that would authorize Jenifer Troxel, Project Accounting Manager, to sign Treasurer's Checks for the City of Anacortes. Mr. Brown moved, seconded by Mr. Separovich, that the Resolution entitled "A Resolution Amending Resolution No. 793 Which Establishes Authorization to Sign Treasurer's Checks for the City of Anacortes" be adopted and given Resolution No. 1157. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Ordinance - NSF Checks Mr. Khtaian presented an Ordinance that would provide and establish a check - handling charge to be assessed for all checks or drafts payable to the City which are dishonored by the bank. The check handling charge shall be the sum of $10.00. Mr. Separovich moved, seconded by Mr. Lian, that the Ordinance be adopted and given Ordinance No. 2187. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Completion of Public Works Contract - 30th Street Mr. Pemberton, Director of Engineering Services, reviewed the contract awarded to Schwetz Construction of Sedro Woolley for the 30th street improvements. Mr. Pemberton stated that the project is complete and the total project cost was $130,190.04. The City is holding $6,342.43 in retainage. Mr. Pemberton asked that the Council accept this project as complete and requested authorization to release the retainage at the end of the 30 day lien period providing no liens or claims are filed for labor or materials. Mr. Rock so moved, seconded by Mrs. Smith. Vote: Ayes, Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. May 20, 1991 - continued Bid Award - 6th - H - 9th Street Waterline Mr. Pemberton reviewed the bids received on a 12" waterline that would begin at 9th and D Avenue, down 9th to "H" Avenue, "H" Avenue to 6th Street, 6th Street to "Q" Avenue. The low bid was received from Lee Johnson & Sons in the amount of $343,983.88. Mr. Pemberton explained that this waterline would greatly improve fire protection flows in this area. Mrs. Smith moved, seconded by Mr. Brown, toaward the construction contract to Lee Johnson & Songs in the amount of $343,983.88. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Bid Award - PRV Vaults Mr. Pemberton reviewed the bids received for materials and installation of two eight inch pressure reducing valves with vaults. The valves would be installed at Glasgow and Oakes and at Anaco Beach and Sunset. The work will provide increased water pressure at some locations along Oakes Avenue and in Ships Harbor area. Mr. Maxwell asked if this improvement was being made to accommodate the Ship Harbor Marina project. Mr. Pemberton explained that the work would increase fire protection in other areas. Mr. Jackson moved to accept the low bid from Pacific Western Industrial Maintenance in the amount of $48,831. Mr. Separovich seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Resolutions - Setting Public Hearing Dates Mr. Brown moved, seconded by Mr. Lian to adopt the following Resolutions and to set June 17, 1991 as the Public Hearing date for various street/alley vacations and subdivision alterations: Resolution No. 1158, setting public hearing date on a petition to vacate the alley in Block 1, G. Kellogg's Addition; Resolution No. 1159, setting public hearing date on a petition to alter subdivision, Block 222, Original City of Anacortes; Resolution No. 1160, setting public hearing date on a petition to vacate alley Block 206, Northern Pacific Addition; Resolution No. 1161, setting public hearing date on a petition to alter subdivision, Block 211, 212, Original City of Anacortes. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Ordinance - Providing for Time Limit - Parking Mr. Steve Mansfield, City Attorney, reviewed two parking issues reviewed by the Traffic Safety Committee. It is recommended that a 30 minute time limit for parking be enforced at the west side of Commercial Avenue from the north line of 22nd Street northward to the south line of the alley located in that block and the northside of 7th street from the east line of 0 Avenue. Discussion was held regarding notification of surrounding business owners, enforcement of the Ordinance and downtown parking limitations. Mr. Brown moved, seconded by Mr. Lian, that an Ordinance entitled "An Ordinance Providing for a 30 Minute Time Limit for Parking within Certain Areas of the City of Anacortes" be adopted and given Ordinance No. 2188. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Retail Fireworks Stand Permit Mayor Rice presented a request from the Anacortes Lions Club for a Retail Fireworks Stand Permit to locate at 22nd and Commercial. The Fire Chief, Cecil Little, has recommended approval. Mr. Separovich moved, seconded by Mr. Rock to approve the request. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Mr. Steve Mansfield, discussed a City of Yakima Ordinance that limits the use of fireworks on the 4th of July only. Executive Session At approximately 9:00 p.m. the Mayor 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. Geor Khtai , Cfty Cler -Treasurer fM A�Rice, Mayor June 3, 1991 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. Rock, that the minutes of May 20, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith,. Rock, Maxwell. Motion carried. All America City Presentation Mrs. Helen Smith, Mr. Phil Burton, Mr. Roger Jewett, Mr. Ben Root and Mr. George Khtaian gave the slide/speech presentation that will be delivered before the All America City Jury in San Antonio on June 8th. Dr. Strom and Wallie Funk, representatives for the 1962 All America City presentation, both commented on the benefit of visual aids in support of the text. Resolution - Extending Appreciation to Ginger Houston Mayor Rice read a Resolution entitled "A Resolution of the Anacortes City Council Extending Appreciation to Ginger Houston for Her Contributions Towards the City of Anacortes Centennial Celebration." Mayor Rice then presented Mrs. Houston with a framed copy of the Resolution. Mrs. Houston accepted the gift to a standing ovation. It was moved,. seconded and unanimously approved to adopt Resolution No. 1162. Public Hearing - Rezone of North End of Volunteer Park Mayor Rice opened the Public Hearing to take comments on a proposed rezone to the north end of Volunteer Park. Mr. Ian Munce, Planning Director, explained to the Council and audience that this matter had been before Council a year ago. The basic issue is that the existing zone boundary does not conform with the private ownership in the area. The position taken by some property owners in the affected area is that the zone boundary was drawn, some 15 years ago, in error. The privately owned property in the existing Public Use zone can be developed for single family residences through the Conditional Use process only. The only permitted use in this zone is public parks. This privately owned property abuts a Residential Medium Density zone wherein single family residences and duplexes are permitted; triplex/ fourplex are Conditional Uses. Mr. Munce.further stated that the Planning Commission had recommended against the rezone. Mr. Munce introduced a letter from the Anacortes School District (Exhibit 3) responding to a request from Bob Couey who would like to develop duplex units on 13th Street. The letter states that the School District supports the Planning Commission recommendation to deny the rezone. The second letter (Exhibit 4) from Bob Powell supports the rezone in order to remove the restrictions on land use/title. The Public Hearing is taped and on file at City Hall; the Council received all of the material presented at the Planning Commission hearings. The following citizens testified in favor of the rezone: Sherri and Robert Couey, 1119 G Ave, owner of the property in the rezone area; Mrs. Rosemary Young, 1709 12th Street; Mr. Skip Kindler, 1703 L Ave. The following citizens spoke against the rezone: Jim and Martha Doane, 1816 13th Street, Dick Dildine, 1211 6th Street, Maynard and Darcy Hill, 2003 12th Street, Nancy Reinstra, 1919 12th Street, Don Young, 1801 12th Street. After receiving public testimony, the Mayor delared the Public Hearing closed. Mrs. Smith asked for further clarification on the School District's letter. Mr. Gary Wargo stated that the Board's position is that any building beyond single family would not be appropriate next to school property. Mr. Maxwell stated that he felt that he more clearly understood the rezone history and it appeared to him that property owners were being denied their rights with regard to the use of their property. Mrs. Smith stated that she. 'f elt the fundamental issue was a question of the rights of property owners. Mr. Rock requested a more comprehensive map. Mrs. Smith suggested a site visit. The Mayor stated that the meeting of June 3rd would be continued to June 10th and that the Council would meet on the site at 6:45 p.m. The Mayor cautioned everyone that the Public Hearing is closed and that no further testimony/comment can be submitted. 1010 June 3, 1991 - continued Setting Growth Management Public Hearing Mr. Ian Munce, Planning Director, reviewed the progress to date on'c6mollance- - with the Growth Management Act. Mr. Munce stated that two public hearing will be required; one to amend the Comprehensive Plan to include the Jones & Stokes Inventory and the second to amend the zoning ordinance to include regulations to protect natural resource and critical areas. Mrs. Smith moved, seconded by Mr. Rock to set June 26th as the Public Hear irig`•dd=te •on�� both matters. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Resolution - Setting Public Hearing Date - Vacation - Hawkings Mr. Rock moved, seconded by Mr. Separovich, to adopt Resolution No. 1163 setting July 1, 1991 as the Public Hearing date on a Petition to Vacate a portion of 30th Street in the vicinity of Anacopper Road. Vote: Ayes - Brown, Lian, Smith, rock, Maxwell, Jackson, Separoui-bh.f Motion carried. Ordinance - Fireworks Regulations Mr. Steve Mansfield, City Attorney, in response to discussion held at the last Council Meeting, presented an Ordinance which would provide for more strict fireworks regulations that provided under state law. Mr. Mansfield informed the Council that the Ordinance permits discharge of fireworks on the fourth of July only between the hours of 9:00 a.m. and 11:00 p.m.; and,:-_'_ the nd-: _'- the Ordinance prohibits sale of fireworks to individuals under sixteen years •'- of age. Mr. Mansfield suggested that the age prohibition may-- be -la nonworkable restriction. The Mayor stated that the Ordinance`w6u1& be before Council at the continued meeting on June 10th. Utility Extension Agreement Mayor Rice presented a Utility Extension Application submitted by',Mr'. John Miller on behalf of Harold Johnson, owner. The request is to extend a waterline in the Fidalgo Bay Addition to Anacortes and would serve five building sites. Mr. Separovich moved, seconded by Mr. Jackson, to approve the Utility Extension Agreement. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Street Waiver Request - Mt. Erie School Mayor Rice presented a request from the Anacortes School District to waive the curb, gutter and sidewalk condition placed on the Mt. Erie School remodeling/Conditional Use. The Council determined that there was no jurisdiction to waive a condition placed by the Council. Resolution - Agreement for Coordinated Water System Plan-- = Mayor Rice presented Resolution No.. 1164 to the Council authorizing the execution of an interlocal cooperative agreement between the City of Anacortes, Skagit County and Skagit County PUD #1. The agreement provides for cost sharing in the development of a Coordinated Water System Plan to be prepared by Economic and Engineering Services, Inc. Mr. Dave Ford, Director of Public Works, further explained the study costs and benefits. Mr. Jackson moved, seconded by Mr. Brown, to adopt the Resolution. Vote,- Ayes ote.Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian;- Motion=--- carried. Resolution - Agreement to Participate in SCIDEU Mr. Steve Mansfield, City Attorney, explained that the Skagit County Interlocal Drug Enforcement Unit (SCIDEU) wishes to join the Western States Information Network (WSIN) which is a regional information gathering, system.• regarding drug cases. In order to do that each jurisdiction must ratify execution of the hold harmless agreement presented by SCIDEU. Mr. Lian moved, seconded by Mr. Brown, to adopt Resolution No. 1165 which states that the City of Anacortes agrees to participate on an equal basis with Burlington, Mt. Vernon and Skagit County in regards to any lossesincurred. pursuant to the Equipment Pool, Standard Agreement with SCIDEU. Vote:: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - Conditional Use - Bridge Over Wetland - Parkside Div. 2 Mayor Rice opened the Public Hearing to take comments on a Conditional Use Permit application submitted by Ron Woolworth to construct two 301; long bridges over a portion of the wetland buffer in Parkside Division. 2. This encroachment would allow for access to Lots 8, 9, and 10. Mr. MuncH.: stated.: that this project has been designed as an alternative to wetland fill and as such sets a new standard for development within the City. The Planning Commission voted unanimously to recommend approval of the project as presented. 101,_ June 3, 1991 - continued There were no comments from the audience and the Mayor declared the Public Hearing closed. Mrs. Smith moved, seconded by Mr. Jackson, to approve the Conditional Use application as submitted. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Public Hearing - Conditional Use - Triplex in RM Zone - 2119 23rd Street Mayor Rice opened the Public Hearing to take comments on a Conditional Use Application to construct a triplex at 2119 23rd. The application wasD-Tu submitted by Brena Jurdi. Mr. Ian Munce, Planning Director, reviewed the standard five conditions recommended by the Planning Commission, together with the sixth condition that the building be reconfigured so that driveway access is from 23rd Street and not from "D" Aveue. Mr. Munce presented an overhead drawing showing the access design changes submitted by the applicant subsequent to the Planning Commission meeting. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mr. Rock and Mr. Separovich requested that a seventh condition be added requiring that curb and gutter be placed on the south half of 23rd Street abutting the subject property and that asphalt be placed between the existing surface and curb. Mr. Separovich moved, .seconded by Mr. Jackson, that the Conditional Use Permit be approved with the seven conditions attached to the Permit. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Public Hearing - Conditional Use - Wetland Encroachment - Larson Mayor Rice opened the Public Hearing to take comments on a Conditional Use Application to encroach into a wetland buffer area and a request to exchange right of way that is surplus to the City for wetland and buffer areas. The property is owned by Mr. Frank Larson and is located between 27th and 28th. Streets and B and C Avenues. Mr. Ian Munce, Planning Director, reviewed the access, water retention and development proposal and discussed the similarities between this proposal and the recently approved Mace Conditional Use/Wetland exchange project. Mr. Munce stated that the Planning Commission recommended approval of the project subject to the four staff conditions, the four best management practices recommended by the Department of Ecology:-; and that the cul-de-sac should have a 100' diameter right of way with 90' paved surface. There were no comments from the audience and the Mayor declared the Public Hearing closed. After discussion, Mr. Separovich moved, seconded by Mrs. Smith, that the Conditional Use Permit be approved with the nine conditions attached to the Permit. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Public Hearing - Planned Unit Development - Copper Pond Estates (formerly Summerwoods) Mayor Rice opened the Public Hearing on a proposed 54 lot Planned Unit Development previously submitted as a 60 lot PUD known as Summerwoods. Mr. Ian Munce, Planning Director, mentioned that the Council has the complete package of information including all the material presented to the .Planning Commission and Council at the previously held public hearings. Mr. Munce highlighted the changes in the Copper Pond proposal including development of- Ohio Street, Corps of Engineers wetland delineation and access to the Scott property. Mr. Tom Preston, 1905 Anacopper Road, submitted a letter to the Council (Exhibit 33) requesting the access drive to the project be relocated to avoid polluting the ponds, that a baseline water quality standard for the ponds, that a baseline waer quality standard for the ponds be established before site preparation is started and that the proposed buffer not be disturbed in any way. Mr. Ross Barnes, 104 Harbor Lane, expressed concern for drainage into wetland #5 and requested that lot lines do not extend into wetland V. Mr. Munce introduced a letter (Exhibit 34) from Mr. and Mrs. Terry Myers requesting that they be exempted from participating in an Anacopper Road L.I.D. Kathy McKermott, 3707 West 6th St., asked about the development of West 7th St. Alex Hornbeck, representing T & R Properties, reviewed the steps taken to correct the concerns expressed by neighbors and Council at the Summerwood hearings. Mr. Hornbeck asked for relief from the requirement to eliminate one lot in order to add further wetland protection. Mr. Gene Fisher, engineer for the project, described the project design process. Mr. Preston showed photographs of pipe draining into the pond areas. Mr. Hornbeck requested that T & R Properties would like to be compensated for granting the easement to Scott's property. There were no further comments 1®12 June 3, 1991 - continued and the Mayor declared the Public Hearing closed. Mr. Munce reviewed the conceptual approval and final plat approval process. The Planning Commission recommended approval of the Copper Pond PUD subject to staff conditions and the elimination of one lot. Mr. Steve Mansfield, City Attorney, explained that, for and L.I.D., the City assesses cost on the basis of benefit and cannot excuse anyone along the improvement route... Mr. Brown moved, seconded by Mr. Jackson that the Copper Pond PUD be approved subject to the amended Planning Commission recommendations, that no lot lines extend into Wetland #7, that the right of way be dedicated from the cul-de- sac road to Mr. Scott's property; if this is not developed by Mr. Scott within the next five years, it will revert to the owner. Vote: Ayes - B rown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Mr. Steve Mansfield, City Attorney, requested that the Council continue the meeting to the Council Chambers at 6:45 p.m. on Monday, June 10th and leave from the Chambers to visit the project site. Continued Meeting of June 3, 1991 on June 10, 1991 The Mayor and City Council convened at the Municipal Building Council Chambers at 6:45 p.m. Without any discussion or action, the meeting was then adjourned to the north end of Volunteer Park for a site visit to a proposed rezone area. After visiting this site and having the boundaries of the proposed rezone area pointed out to them, the Council reconvened in regular session at approximately 7:15 p.m. The Council heard brief updates from the City Planning Director and City Director of Engineering and Development Services regarding the Growth Management Act and ongoing work on the City's Stormwater Management Plan update. At approximately 7:30 p.m. Mayor Rice highlighted the situation in the Public Zone as regards to single family use. In this zone single family use is permitted but only through the conditional use process; this involves public hearings and an application fee of $700. After discussion, Mr. Jackson moved that the City Council direct the Planning Commission to hold a public hearing on the issue as to whether or not single family uses should be permitted outright in the Public Use Zone. The motion was seconded my Mrs. Smith. Vote: Ayes - Jackson, Maxwell, Rock, Lian, Smith, Brown. No - Separovich. Motion carried. The Mayor then raised the issue of the rezone proposed for -the north end of Volunteer Park from Public to the adjacent Residential Medium Density zoning. He pointed out that the public hearing had been closed but that some neighbors wished to submit additional testimony. He asked if the. Council wished to hold a new public hearing in July to take additional testimony._ The consensus of the Council was they there had been extensive opportunity for public input and that a new public hearing would simply delay a final action. The Council then moved on to a detailed discussion of the merits of the proposed rezone. At the conclusion of this discussion, Mrs. Smith moved that the City Council deny the requested rezone. The motion was seconded by Mr. Jackson. Vote: Ayes - Rock, Lian, Smith, Jackson, Separovich. Nays - Maxwell and Brown. Motion carried. The rezone was denied. Mr. Ed Frank, City Building Official, then request action from the Council adopting the current versions of the Washington State Energy Code and the Washington State Ventilation and Indoor Aire Quality Code. Mrs. Smith moved that Ordinance Nos. 2190, 2192 be adopted. The motion was.seconded by Mr. Jackson. Vote: Ayes - Lian, Smith, Jackson, Separovich, Maxwell, Brown, Rock. Motion carried. Mr. Frank went on to report that the City had received word that the State Energy Office was providing a grant of approximately $5,000 to offset some of the additional expenses incurred by enforcement of the State Energy Code; Mayor Rice was authorized to formally accept this grant on behalf of the City . Finally, Mr. Frank requested Council approval to apply for a grant from. the Washington State Department of Community Development to identify potential ., earthquake issues in relation to the City of Anacortes. Mr. Jackson moved that the City Council authorize application and acceptance for such a grant. The motion was seconded by Mr. Lian. Vote: Ayes - Smith, Jackson, Separovich, Maxwell, Brown, Rock, Lian. Motion carried. 1013 Continued Meeting - June 10, 1991 City Attorney Mansfield then presented Ordinance No. 2191 entitled The Lovric Vacation. The Mayor pointed out that the Council had previously authorized this street vacation and this was simply the implementing ordinance. Mr. Brown moved that Ordinance No. 2191 be adopted. The motion was seconded by Mr. Jackson. Vote: Ayes - Jackson, Separovich, Maxwell, Brown, Rock, Lian, Smith. Motion carried. As to the draft Fireworks Regulation Ordinance drafted by the City Attorney, the Council determined that it was too close to July 4 for action to be taken this year but that further study was appropriate for implementation early, - next year. The meeting adjourned at approximately 8:30 p.m. Clerk -Treasurer G;o K Kht an, Ci June 17, 1991 4mesRice, 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, Bud Rock. Absent: Helen Smith. Minutes of Previous Meeting Mr. Lian moved, seconded by Mr. Brown, that the minutes of June 3, and June 10, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Rock, Maxwell. Motion carried. Presentation - Recycling Mayor Rice introduced Mr. Ric Boge, County Recycling Coordinator. Mr. Boge presented representatives from Waste Management Northwest, Inc., the contractor selected to provided curbside and on-site recycling service. Mr. Boge referred to an interlocal aggreement entered into by Anacortes, Burlington, Mt. Vernon, Sedro Woolley and the County to implement a Joint Recycling Program. Mr. Dave Patterson, Operations Manager for Waste Management, described the 3 -bin curbside program, what materials will be collected and the weekly pick-up cycle. Mr. Patterson said that collected product would then be taken to Skagit River Steel for handling. A representative from Skagit River Steel discussed their community recycling program and the commodities and volumes that they process. Mr. Boge anticipates that collection will begin April 1, 1992, contract to be signed by July of this year. Mr. Boge discussed the proposed $3.25 weekly rate. Council members asked about the markets developing for recycled material. Mayor Rice urged the audience to continue to take used batteries back to the store where purchased. Batteries must be kept out of the waste treatment process. Approval of Final Plat - Creekside Phase III (Div. 1) Mr. Jim Pemberton, Director of Engineering Services, informed the Council that Woolworth Development has submitted final plat drawings for review and approval. Staff recommends that the final plat of Phase III Division 1 of Creekside Planned Unit Development be approved. Mr. Separovich so moved, seconded by Mr. Jackson. Vote: Ayes - Separovich, Brown, Lian, Rock, Maxwell, Jackson. Motion carried. April, May Payroll/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. 1014 June 17, 1991 - continued As of this date, June 17, 1991, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: April: Payroll Warrant numbers 19708 through 20035 in the total amount of $339,051.08 and Claim Warrant numbers 22759 through 23278 in the total amount of $1,992,675.57. May: Payroll Warrant numbers 23279 through 23748 in the total amount of $1,956,574.96. Public Hearing - Amend Zoning Code - Add Single Family Residence as a Conditional Use in CBD Zone Mayor Rice opened the Public Hearing. The Mayor explained that there are no permitted or conditional use provisions in the zoning code for residences that now exist in the Central Business District. Home owners would be unable to either remodel or reconstruct after a fire, and lending institutions are reluctant to refinance where no clear zoning provisions exist. Mr. Ian Munce, Planning Director, explained that the amendment is not proposed to encourage new development on vacant lots, but rather to enable current owners the capability of home improvement. Mr. John Prosser, 2615 D Avenue, spoke in favor of the proposed amendment. There were no further comments and the Mayor declared the public Hearing closed. After discussion, Mr. Brown moved, seconded by Mr. Jackson, to approve the Zoning Ordinance amendment to add single family residences as a Conditional Use in the CBD Zone. Vote: Ayes - Lian, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Public Hearing - Vacate/Alter Subdivision - Block 222, Original Anacortes Addition, Portions of B and C Aveues, 29th St. - Larsen Mayor Rice opened the Public Hearing. Mr. Ian Munce, Planning Director, explained that this vacation action would implement action previously taken by Council to allow the exchange of rights of way for wetland and buffer areas. There were no comments from the audience and .the Mayor declared the Public Hearing closed. Councilmembers discussed proposed street width and access issues. Mr. Separovich moved, seconded by Mr. Rock, that Lots 1 through 20, alley lying between Lots 1 through 20, Block 222, and portions of B and C Avenues and 27th Street be vacated in exchange for wetland and buffer areas. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Public Hearing - Vacate/Alter Subdivision - Simon, Blocks 211, 212, Original Anacortes Addition - Simon Mayor Rice opened the Public Hearing. Mr. Ian Munce, Planning Director, introduced a second, similar project off of "D" Avenue. Mr. Munce presented and overhead showing the proposed plat vacation/reconfiguration of lots off of D Avenue and 20th Street, Blocks 211 and ..212. The applicant, Gerald Simon, would develop portions of 21st Street and "C" Avenue to be used as access for his lots. Mr. Simon is requesting the vacation of the south half of Block 211, north half of Block 212, and that portion of 20th street abutting Blocks 211 and 212. The Board of Adjustment recommended approval. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mr. Jackson moved, seconded by Mr. Brown, to approve .the vacation petition. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Rock. Motion carried. Public Hearing - Vacation of Alley Abutting Lots 11-20, Block 1, G. Kellogg's Addition - Lafferty. Mayor Rice opened the Public Hearing. Mr. Ian Munce, Planning Director, explained that this matter provided another example of subdivisions platted years ago that because of topography do not lend themselves well to today's development. In the Lafferty case, a 7J' alley -like area exists as a remainder of the original platting of the subdivision. The Board of Adjustment recommended approval of this vacation. Mr. Dave Ford, Director of Public Works, stated that his department had no objections to the vacation request. Mr. Michael Moriarty, 1502 Alaska, submitted a letter expressing objections to this vacation requesting this strip of land be preserved as a walkway and to be used for drainage for the extreme water flow to the northeast. Mrs. Lafferty stated that there was a drainage ditch in the alley but Mr. Moriarty removed it; that access to their property had been previously vacated by the City, property that is now owned by Mr. 1015 June 17, 1991 - continued Moriarty. Mr. Dick Threet spoke against spoke against the vacation and discussed garage setbacks. Mr. Lafferty addressed the notification procedure for the vacation of access property now owned by Mr. Moriarty. There was no further testimony and the Mayor declared the Public Hearing closed. After discussion, Mr. Maxwell moved, seconded by Mr. Brown, that the vacation be granted. Vote: Ayes - Jackson, Separovich, Brown, Lian, Rock, Maxwell. Motion carried. Public Hearing - Alley Abutting Lots 1-4, Block 206 and Lots 1 and 2, Block 207, Northern Pacific Addition - Balbas Mayor Rice opened the Public Hearing on this matter and continued the Hearing to August 5, 1991 so that the Board of Adjustment can continue its review of this matter. Street Waiver Request - Balbas - Baltimore Avenue Mr. Dave Ford, Director of Public Works, reviewed a street waiver request submitted by Mr. Michael Balbas for a variance from standard street construction requirements. The street to be constructed is Kellogg Avenue north of 16th Street extending into Baltimore Avenue south of West 3rd. Mr. Balbas is requesting this waiver to develop access to three building sites that are otherwise inaccessible due to rock outcroppings. Mr. Ford found that a waiver would not constitute special privileges inconsistent with other development in the City. Staff recommends approval of the waiver subject to four conditions outlined in a June 12, 1991 memorandum from Dave Ford to the City Council. Discussion followed regarding the proposed 24' street width. The conditions also attempt to address the stormwater ordinance requirements. Mr. Brown moved, seconded by Mr. Rock, to approve the waiver request subject to the four conditions recommended by the Public Works Department. Vote: Ayes - Separovich, Brown, Lian, Rock, Maxwell, Jackson. Motion carried. Sewer Extension Application - 38th Street and K Avenue Mr. Jim Pemberton, Director of Engineering Services, presented a request to extend the sanitary sewer line south of 38th Street and approximately "K" Avenue. The extension would serve two existing homes on what would be J Avenue if fully developed. By entering into the agreement the applicant would then construct the improvements in accordance with City standards. Mr. Separovich moved, seconded by Mr. Maxwell, to approve the Utility Extension Agreement. Vote: Ayes - Brown, Lian, Rock, Maxwell, Jackson, Separovich. Consultant Services Agreement - Storm Water Quality Management Plan Mr. Jim Pemberton, Director of Engineering Services, requested Council authorization to execute a professional services agreement with R.W. Beck in the estimated amount of $341,214 for development of the City of Anacortes Stormwater Quality Management Plan. Mr. Pemberton further requested that this approval be contingent upon Department of Ecology approval of the Consultant Services Agreement. Mr. Ian Munce, Planning Director, commented that this Management Plan would be a tremendous step forward in providing environmental information. Mr. Pemberton explained that the grant application was made with task definitions/amounts already defined. Mr. Brown moved, seconded by Mr. Jackson, to authorize the execution of the agreement subject to DOE approval. Vote: Ayes - Lian, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Transportation Study - Consultant Agreement Mr. Jim Pemberton, Director of Engineering Services, presented an overview of the Transportation Plan consultant selection process. Mr. Pemberton is requesting that Council authorize a consultant services agreement with Bell Walker Engineers in the amount of $69,081.38. Mr. Brown said that it had been a privilege to service on the selection committee and moved to authorize execution of a consultant services agreement with Bell Walker Engineers in the amount of $69,081.38 to develop the Anacortes Transportation Plan. The motion was seconded by Mr. Rock. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Resolution - Setting Public Hearing Date - Petition to Vacate Portion of 29th Street - Storkson Mr. Rock moved, seconded by Mr. Lian to set August 5, 1991 as the Public Hearing date on a petition to vacate a portion of 29th Street and to adopt Resolution No. 1166 setting said date. Note: - Maxwell, Jackson, Separovich, Brown, Lian, Rock. Motion carried. 'i L June 17, 1991 - continued Copper Pond Estates PUD - Access to Scott Property Mr. Ian Munce, Planning Director, presented a June 10, 1991 letter from Alex Hornbeck, T & R Properties, requesting compensation for lot area to be used as access to property now owned by Mr. Ralph Scott adjacent to the Copper Pond Planned Unit Development. Mr. Steve Mansfield, City Attorney, said that he would research this matter and prepare a legal opinion to,be made available at the next Council Meeting. There being no further business, the meeting was adjourned at - approximately 9:15 p.m. Geo ge KtFitaia , City Clerk -Treasurer J e Rice, Mayor July 1, 1991 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge 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 With the following amendment, Mr. Rock moved that the minutes of June 17, 1991 be approved: Page 1, 4th paragraph, next to last line; "...the proposed $3.25 monthly rate." Mr. Jackson seconded the motion. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Street Closure - Shipwreck Days Mayor Rice presented a request from the Business Promotion Committee of the Chamber of Commerce requesting the closure of Commercial Avenue from 5th to 9th Street on Saturday, July 20, 1991. Mrs. Smith so moved, seconded by Mr. Brown. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Disposal of Household Batteries Mayor Rice announced that, iffective immediately, anyone bringing used household batteries to City Hall will receive $.05 for each battery turned in. Mayor Rice hoped that an enterprising your person would see this as an opportunity to earn spending money. The Mayor again stressed the urgency of keeping the batteries out of the waste treatment. New Schedule - Compost Site Mayor Rice announced that the City's compost site would now be open on Thursday from 6-8 p.m. as well as on Saturday, 9-2 p.m. Mayor Rice expressed appreciation for all those who use the compost site. Setting Public Hearing Date - 6 -Year T.I.P. Mrs. Smith moved, seconded by Mr. Jackson, to set July 15, 1991 as the Public Hearing Date to take public comment on the 6 -year Transportation Improvement Plan. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Ordinance - Vacation - Lafferty The Mayor presented an Ordinance that reflects action previously taken by the Council to vacate public right of way lying northerly of adjacent to Block 1, G. Kellogg's Addition to the City of Anacortes. Mr. Brown moved, seconded by Mr. Maxwell to adopt the Ordinance and given it Ordinance No. 2193. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Ordinance - Amending Zoning Code - Single Family - Conditional Use in CBD Mayor Rice presented an Ordinance that reflects action previously taken by the Council to amend the Zoning Ordinance by adding Single Family Residence as a Conditional Use in the Central Business District Zone. Mr. Rock moved, seconded by Mr. Lian, that the Ordinance be adopted and given Ordinance No. 2194. Vote: Ayes - Smith, Rock, Maxwell, Jackson, 1017 July 1, 1991 - continued Separovich, Brown, Lian. Motion carried. Findings of Fact and Conclusions of Law --Copper Pond Estates Mr. Ian Munce, Planning Director,_ explained to the Council that the Findings before them incorporate the recommendations submitted by the Planning Commission together with action taken by Council after the Public Hearing on the Copper Pond PUD. Mr. Munce drew Council's attention to Condition 419 which deals with access to property now owned by Mr. Ralph Scott. Mr. Steve Mansfield, City Attorney, and the Council discussed language options that would allow the developer to retain financial interest in his property, but would also allow the City to plan for future development access. Mr. Rock moved, seconded by Mr. Separovich, to approve the Copper Pond Estates PUD Findings of Fact and Conclusions of Law with the following change: Item #19. The developer shall set aside right of way from the cul-de-sac to property currently owned by Ralph Scott. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Combined Public Hearings - Vacate Portion of 22nd Street and Conditional Use for Triplex Mayor Rice opened Public Hearings on combined project applications submitted by Jim Colley and Tom Allen to vacate a portion of 22nd Street and to build a triplex in the vacated right of way. Mr. Rock, one of the petitioners, stepped down from the dais. Mr. Ian Munce, Planning Director, through the use of exhibits, reviewed the project background. Mr. Munce explained that 22nd Street abuts the Island View plat and cannot be developed further. The property is zoned Residential Medium density and as such, duplexes are permitted outright and triplexeses and fourplexes are conditional uses. At the Board of Adjustment vacation hearing, neighbors suggested that the City exchange a greenbelt buffer area for vacated right of way, and reduce the original fourplex application to a triplex. Mr. Bruce Van Iterson, 2104 E Avenue, spoke in favor of the proposal. Crystal Sadlowsky, 2108 E Avenue, spoke in favor of the project. There were no further comments and the Mayor declared the Public Hearing closed. Councilmembers expressed appreciation for the innovative neighborhood solution. Mr. Jackson moved, seconded by Mrs. Smith, to approve the Vacation of a portion of 22nd Street in exchange for the greenbelt area and to approve a Conditional Use Permit to construct a triplex at 22nd and D Avenue subject to three conditions recommended by Planning Commission. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - Hawkings - Vacate Portion of 30th Street Mayor Rice opened the Public Hearing on a petition to vacate a portion of 30th Street and continued the Hearing to August 5, 1991 so that the Board of Adjustment could continue its review of this proposal. Public Hearing - Larsen - Request for Modification and Exception to the Subdivision Ordinance Mayor Rice opened the Public Hearing to take comments on a request by Frank Larsen to vary the subdivision code with regard to paving and curb and gutter for the 7 -lot short plat located at approximately 27th and B Avenue. Mr. Dave Ford, Director of Public Works, elaborated on his recommendation to deny the request. Mr. Frank Larsen discussed the space restriction placed on his project for storm drainage. Mr. Ian Munce, Planning Director, discussed development standards for these undeveloped, remote areas in the City. Mr. Jim Pemberton, Director of Engineering Services, explained the waiver process. Further discussion followed regarding the development of B Avenue. Mr. Terry Christiansen, 3302 K Avenue, described the residential concept of this project. The Public Hearing was continued to the July 15, 1991 meeting. T Avenue Storm Sewer - Award Bid Mr. Lian moved, seconded by Mr. Rock to accept the Lee Johnson and Sons:; bid of $111,509.00 for the storm drainage project on T Avenue and 4th Street and the wastewater treatment plant surface drainage. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. 1®18 July 1, 1991 - continued D Avenue Sewer Line Latecomer Agreement Mr. Jim Pemberton, Director of Engineering Services, reviewed the history of the sewerline construction on D Avenue between 17th and 22nd Streets. Mr. Pemberton also reviewed the safisfaction of the requirements under the new latecomers agreement Ordinance. Mr. Pemberton also discussed the response received from Mr. Savage. Mr. Maxwell moved, seconded by Mr. Jackson, that this latecomers agreement be authorized and executed. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Utility Extension - Mr. Larry Nelson Mr. Jim Pemberton, Director of Engineer Services, presented a request from Mr. Larry Nelson to extend a 6" waterline on West 2nd from Alaska Avenue to Baltimore Avenue. Mr. Pemberton explained that this extension would serve two building sites. Mr. Pemberton further stated that, if the extension is approved, the applicant would be required to construct the utility extension to City standards. Mr. Lian moved, seconded by Mrs. Smith, to approve the Utility Extension. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. 1991 Public Works Trust Fund Loan Application Mayor Rice presented a request from the Engineering Services Department to make application to the Public Works Trust Fund for a loan in the estimated amount of $1,276,380 for the purpose of reconstructing Anaco Beach Road from the south City limits and a portion of Sunset Avenue. Mrs. Smith moved, seconded by Mr. Brown to approve the Public Works Trust Fund Loan Application. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Countywide Growth Management Workshop Mr. Ian Munce, Planning Director, presented copies of the new Growth Management Act language with regard to sanctions for non-compliance. Mr. Munce invited the Council to attend a July 9th Workshop. The Workshop is intended to be an update as to where each of the jurisdictions stand in relation to the Growth Management Act. Mr. Munce also anticipated that the issue of selecting the mechanism to be used to implement cooperative Countywide planning efforts would be discussed. Executive Session - 30 minutes At approximately 8:45 the Mayor announced that the Council would convene in executive session to discuss union negotiations. At 9:15 p.m., the Council reconvened and without taking any further action, continued this meeting to 6:45 p.m., July 8, 1991. Continued meeting of July 1, 1991 held on July 8, 1991 The meeting was convened at 6:50 p.m. at which time Mayor Rice announced that the City Council members would visit the site of the proposed Spring Run RPUD, which was to be the subject of a public hearing later that evening. No testimony or input will be received at the site. At 7:30 p.m., the continued regular meeting of July 1, 1991, was called to order by Mayor Rice. Present were Maxwell, Jackson, Separovich, Brown, Lien, Smith, and Rock. First order of business was to act on a request for a street waiver by Mr. Larson. Director of Public Works Ford recommended that the Council approve the following: Pave the street within the proposed short plat 28 feet wide with a 2 foot gravel shoulder and no curb, gutter, or sidewalk. Pave B Avenue 28 feet in width from 29th Street to the development with a two foot gravel shoulder. All paving will have a rolled curb and stripping. The continued Public Hearing was closed. It was moved by Jackson that Mr. Ford's recommendations be adopted. The motion was seconded by Smith. Vote: Maxwell, Jackson, Separovich, Brown, Lien, Smith, Rock. The next matter of business was the public hearing for the proposed Spring Run Residential Planned Unit Development. Prior to opening the public hearing Councilman Brown excused himself from participation in the public hearing indicating that he believed his participation would be in violation of the Appearance of Fairness Doctrine. Mayor Rice then opened the public hearing. Mayor Rice set out ground rules in regard to the conduct of the public hearing asking individuals testifying to limit their 101t Continued meeting of July 1, 1991 held on July 8, 1991 - continued testimony to no more than 10 minutes. Phillip Surka, attorney from Bellingham, addressed the Council on behalf of the proponents of the project. Mr. Doug Owens, an attorney from Anacortes, addressed the Council in regard to his clients, a group of those opposed to the development. Public testimony was then taken by both opponents and proponents until 11:00 p.m., at which time Mayor Rice continued the public hearing to July 10, at 7:30 p.m., in the Council chambers. Reference is made to the verbatim transcript made of the public hearing for details of testimony received. Continued regular meeting of July 1, 1991 and continued meeting of July 8, 1991 held on July 10, 1991 The meeting was called to order by Mayor Protem Bud Rock at 7:30 p.m., for the purpose of continuing the public hearing on the proposed Spring Run residential planned unit development. Additional testimony was received and references made to the verbatim transcript for details of that testimony. At the conclusion of the testimony, Mayor Protem Rock closed the public hearing and a Council discussion took place. Motion was made by Separovich and seconded by Maxwell to deny approval to the proposed Spring Run residential planned unit development, and for staff to prepare appropriate findings to fact and conclusions. Vote: Ayes - Jackson, Separovich, Rock, Smith, and Maxwell. No - Lien. Motion .carried. With no further business to come before Council, the meeting was adjourned by Mayor Protem Rock. ge /htaian,City Clerk -Treasurer ames Rice, Mayor July 15, 1991 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 Mr. Separovich moved, seconded by Mr. Lian, that the minutes of July 1, and the continued meeting of July 8, July 10, 1991 be approved as if read. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Countywide Curbside Recycling Mayor Rice introduced Mr. Ric Boge, Skagit County Recycling Coordinator. Mr. Boge presented the contract with Waste Management Northwest, the firm that will process collected recyclables, and a revised Joint Recycling Program interlocal agreement. On July 29th both documents will go before the Board of Commissioners for a Public Hearing, final signature by the Board to take place August 12th. Curbside recycling in Anacortes would begin on March 23, 1992; recycling from multi -family complexes would begin at the same time. Mr. Lian moved, seconded by Mr. Rock, adopt Resolution No. 1172 authorizing and directing execution of a revised interlocal cooperation agreement to establish a joint recycling program and to approve the JRP Contract with Waste Management -Northwest, Inc. for Residential Recycling Services. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Motion carried. 1®20 July 15, 1991 - continued Ordinance - Vacating Portion of 22nd Street Mayor Rice presented an Ordinance that reflects action taken previously by the Council to vacate a portion of 22nd Street lying easterly of the east line of D Avenue. Mrs. Smith moved, seconded by Mr. Maxwell, that the Ordinance be adopted and given Ordinance No. 2195. Vote: Ayes - Lian, Smith, Maxwell, Separovich, Brown. Abstain: Rock. Motion carried. Funding Request - Skagit Valley Tulip Festival Mayor Rice presented the annual request from the Skagit Valley Tulip Festival for the City's support of the 1991 Festival in the form of a contribution. Council determined that this request be held over until the City's budget deliberations take place. Sunset Trailer Court - Status Report Mayor Rice explained to the audience that a meeting had been held with residents of Sunset Trailer Court which is located on property recently purchased by Dominion Equity. The trailer court sits on approximately 13.5 acres and is adjacent to the proposed Ship Harber Project. Because of the sale, the residents of Sunset Trailer Court have approximately one year to relocate. The Mayor expressed the City's concern for and intention to assist in this housing dilema. Mr. Ian Munce, Planning Director, presented a July 12, 1991 memorandum outlining what action a municipal government can take under these circumstances. Mr. Munce emphasized that this property was not included in the upland area covered by the Ship Harbor Resort shoreline permit; Mr. Munce further reviewed the existing provisions under the zoning regulations for mobile homes/RVs/trailers. Discussion was held with members of the audience on State housing Assistance Program grant and loan monies. Mr. Munce stated that preapplications are due August 1st. Mr. Stan Kurowsky, representing the Forest Board, expressed opposition to the use of forest lands as a relocation site. After further reviewing the City's options, Mayor Rice again stated the City's willingness to pursue available means to help these citizens relocate. Public Hearing - Conditional Use - Port of Anacortes - Cargo Storage - 715 4th Street Mayor Rice opened the Public Hearing to take comments on an application submitted by the Port to use property located west of the secondary sewer treatment plant wetland for log storage. Mr. Ian Munce, Planning director, explained that the Port has a short-term immediate need for log storage; one of the conditions to the permit recommended by the Planning Commission is that the permit be limited to the storage of logs. Mr. Ben Root, currently serving as the Port's Executive Director, gave a detailed history of the property and also reviewed the Port's planning goals for the area. Mr. Jim Miller, Terminal Operations Director, discussed the economics of the log export industry and requirements for movement of the product. Mr. Dick Dildine, 1211 6th St., asked about the equipment moving the logs. Ms. Sondra Thiessen, 702 0 Avenue, inquired about the potential impact on streets from trucks carrying sludge. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Smith moved, seconded by Mr. Rock, to approve the Conditional Use Permit together with the conditions recommended by the Planning Commission. Vote: Ayes - Smith, Rock, Maxwell, Separovich, Brown, Lian. Motion carried. Public Hearing - Amend Zoning Ordinance - Change Lot Size in RH Zones Mayor Rice opened the Public Hearing to take comments on a proposed amendment to the Zoning Code to change the minimum lot size in the Residential High Density Zones as follows: duplex on 6,000 sq. ft., triplex on 7,500 sq. ft., fourplex on 9,000 sq. ft. The Planning Director, Ian Munce, reviewed the Planning Commission's recommendation to deny the revision as presented, but to add the proposed language as part of the conditional use section of the RH Zones. Mr. Charles Keck, 1519 M Avenue, spoke against reducing lot size requirements through the conditional use process. Resident at 1210 16th St. wanted the areas affected by this proposed change to be left just as they are. Mr. Chuck Bush, 2003 9th St., spoke in favor of this change so that more affordable housing can be provided for the community. Mr. Dick Dildine, 1211 6th St., spoke against the proposal. Mrs. Margaret Yeoman, 1620 11th St., spoke agains the proposal stating that the increased density would cause parking problems. Ms. Sondra Thiessen spoke against the proposal. Mr. John Prosser, 2615 D Avenue, commented that with current zoning multiple living units are being constructed in RM zones rather than 1021 July 15, 1991 - continued in the more appropriately zoned high density areas. Mrs. Billie Keck, 1519 M Avenue, said that existing dwellings in RH zones provide affordable housing and that individual notices should be presented to home owners affected by the change. Mr. Terry Christiansen, 3302 K Avenue, recommended a citywide review of housing needs. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Rock said that this issue would be better addressed during the comprehensive plan review in 1992 and moved to deny the proposed amendment. Mr. Separovich seconded the motion. Mr. Brown stated that an increase in affordable housing units could help correct the high rents now charged for substandard dwellings. Vote: Ayes - Rock, Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - 6 -Year T.I.P. Mayor Rice opened the Public Hearing to take comments on the annual update to the City's Six Year Transportation Improvement Plan. Mr. Jim Pemberton, Director of Engineering and Development Services, reviewed the seven projects included in this year's plan. Mr. Dick Dildine, 1211 6th St., inquired about costs to develop West 2nd and West 3rd. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Brown moved, seconded by Mr. Maxwell, that a Resolution entitled "A Resolution Adopting a Revised and Extended Comprehensive Street Program" be adopted and given Resolution No. 1171. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith, Rock. Motion carried. Award Bid for Utility Vehicle Mayor Rice reviewed the bid procedure following in securing bids for a utility vehicle capable of lifting the 3,000 lb. pumps installed for the Skyline Conveyance project. Of the four bids received, the bid from Utility Equipment Company in the amount of $40,715.16 was the only bid to comply with the specifications in all respects and staff recommends that the bid be awarded to Utility Equipment Company. Mrs. Smith so moved, seconded by Mr. Brown. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Public Use Zones - Next Step Re: Single Family Housing Mayor Rice reviewed the current zoning requirement to secure a Conditional Use Permit for a single family dwelling in a Public Use Zone. After discussion, Mr. Maxwell moved, seconded by Mr. Rock to request that the Planning Commission hold a Public Hearing to amend the Zoning Ordinance to allow single family dwellings in the Public Use Zone as a permitted use. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Motion carried. ` Resolution - Amending Labor Agreement - Health Care Mr. Ian Munce, Personnel Director, presented a Resolution amending the Labor Agreement between the City of Anacortes and the Firefighters Local No. 1537 to cover additional cost of Health Care Benefits for the remainder of 1991 to include an additional $35.00 per month per employee. Mr. Munce explained that the Firefighters are requesting the increase with those monies being credited to the City as part of wage/benefit settlement for 1992. Mr. Lian moved, seconded by Mr. Rock, to adopt Resolution No. 1170. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich, Brown. Motion carried. Award Bid - Municipal Building Painting Mayor Rice reviewed the 3 bids received for the painting of the exterior of the Municipal Building. The low bid was submitted by Paragon Services, Inc., in the amount of $22,315.00. Mrs. Smith moved, seconded by Mr. Lian, to award the bid to Paragon Services, Inc. Vote: Ayes - Smith, Rock, Maxwell, Separovich, Brown, Lian. Motion carried. Resolutions - Setting Public Hearing Dates - Vacations Mr. Maxwell moved, seconded by Mr. Brown, to adopt the following three Resolutions setting August 19, 1991 as the Public Hearing date to take comments on various peitions to vacate City right-of-way: Resolution No. 1167 to vacate a portion of C Avenue; Resolution No. 1168 to vacate portion of Harrison Avenue and alley in Block 11, 1st Plat of Ship Harbor; Resolution No. 1169 to vacate portion of Harrison Avenue and alley in Block 11, 1st Plat of Ship Harbor. Vote: Ayes - Rock, Maxwell, Separovich, Brown, Lian, Smith. Motion carried. 1022 July 15, 1991 - continued Archive Committee - Appointments Mayor Rice has formed and appointed an Archive Committee consisting of Margaret Yeoman, Diane Erholm, Steve Colby, Ken Markel and Harry Padgett. The purpose of the Committee will be to catalogue, maintain and dispose of gifts/donations to the City. There being no further business, the meeting was adjourned at 9:15 p.m. GVgee han, Cit lerk-Treasurer J es Rice, Mayor August 5, 1991 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. Separovich moved, seconded by Mr. Lian, that the minutes of July 15, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Rock, Brown, Lian, Smith, Maxwell. Motion carried. Citzen Hearings/Correspondence There was no correspondence and no citizens present asked to testify on items not on the agenda. Findings of Fact and Conclusions of Law - Spring Run PUD Mr. Ian Munce, Planning Director, stated that the Findings before Council highlighted two technical issues (stormwater and wetlands) and one policy reason (objection to location) for denial of the Spring Run PUD. Mr. Maxwell, expressing dissatisfaction with the PUD section of the Subdivision Ordinance, moved to hold hearings to amend that Ordinance to add more clearly defined restrictions. Motion died for lack of a second. Mr. Munce explained that hearings will be held next year to review/revise the City's development regulations - part of the planning process mandated by the Growth Management Act. Mr. Lian moved, seconded by Mr. Jackson, to approve the Findings of Fact and Conclusions of Law for the Spring Run PUD. Vote: Ayes - Separovich, Rock, Brown, Lian, Smith, Maxwell, Jackson. Motion carried. Urban Renewal Update - Development Ventures, Inc. Mr. Ian Munce, Planning Director, reviewed an Urban Renewal development project involving Fidalgo Bay Partners and Development Ventures, Inc. Based on DNR denial of a request for a sublease, DVI has taken the marina project back from Fidalgo Bay Partners, thereby delaying this year's construction timetable. The Resolution before the Council would amend the Sales Agreement between the City and Development Ventures, Inc. by extending the construction commencement date to September 16, 1992. Mrs. Smith moved, seconded by Mr. Brown, that the Resolution be adopted and given Resolution No. 1173. Vote: Ayes - Rock, Brown, Lian, Smith, Maxwell, Jackson, Separovich. Motion carried. Establish Policy - Street and Alley Vacation Finalizations Mr. Ian Munce, Planning Director, submitted a proposed policy to the Council regarding cut-off dates on street and alley vacation finalizations. Mr. Munce explained that for a variety of reasons, some petitioners are not following through with the finalizaton requirements for Council -approved street and alley vacations. Mr. Munce recommended that, in order to avoid the administrative obstacles caused by these delays, the Council establish a policy that any vacations not published within four months of City Council approval will be null and void. The applicant still wishing to pursue the vacation would have to reapply and submit a new application fee. Mr. Jackson so moved, seconded by Mrs. Smith. Vote: Ayes - Brown, Lian, Smith, Maxwell, Jackson, Separovich, Rock. Motion carried. 102 August 5, 1991 - continued Continued Public Hearing - Hawkings - Vacate Portion of 30th Street Mayor Rock reconvened the continued Public Hearing on this matter. Mr. Ian Munce, Planning Director, and Mr. Jim Pemberton, Director of Engineering Services, reviewed the request by Mr. Hawkings to vacate 30 feet of 30th street and the alley in block 14, Tuttle & Buckley's Addition. Mr. Hawkings is proposing to exchange the north 30 feet of Lots 4-10, block 14 for the vacated right of way. Mr. Pemberton explained that the northerly portion of Block 14, owned by Mr. Hawkings, has been used for the 29th street right-of-way. Mr. Munce reported that the Board of Adjustment voted 3-2 to deny the petition in light of the City's prescriptive rights to continue the current use and location of the road. The Board also sited the uncertainty of future Skyline access routes and proposed development in and around this area as reasons for denial. Mr. Hawkings stated that he is requesting the exchange so that he can regain full building site use of his property. Council asked staff to review N Avenue Development and potential street realignment solutions. After discussion, Mr. Jackson moved, seconded by Mr. Separovich to deny the request to vacate until the City has established a road development policy. Mr. Brown requested more time to develop a solution to the situation rather than to deny the proposal outright. Mr. Brown then moved to table this matter to the September 3, 1991 meeting, seconded by Mrs. Smith. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Separovich, Rock, Brown. Motion carried. Public Hearing - Petition to Vacate - Storkson - Portion of 29th Street Mary Rock opened the Public Hearing to take comments on a Vacation Petition submitted by Dave Storkson to vacate the north 22 feet of 29th street adjacent to the bowling alley. Mr. Ian Munce, Planning Director, reviewed the Board of Adjustment recommendation to vacate a maximum of 12' of right of way to allow for curb/gutter - utility installation and maintenance. Mr. Storkson could then approach the Board of Adjustment for a variance to expand the kitchen and cold storage area of his restaurant into the setback. Mr. Dave Storkson, 3010 Commanche Drive, Mt. Vernon, reviewed his building expansion plans and had no objection to the Board's recommendation. Mr. Storkson said that he would also be building an enclosure for the sanitation dumpster. There were no further comments and the Mayor declared the Public Hearing closed. Councilmembers remarked on the thorough review made by the Board of Adjustment and Mr. Brown moved, seconded by Mr. Maxwell, to vacate the north 12' of 29th street extending westerly from vacated "Q" Avenue 180 feet. Vote: Ayes - Smith, Maxwell, Jackson, Separovich, Rock, Brown, Lian. Motion carried. Continued Public Hearing - Vacation Petition - Balbas - Alley Mayor Rock reconvened the Public Hearing to take comments on a Vacation Petition submitted by Mike Balbas to vacate the alley lying between Blocks 206 and 207, Northern Pacific Addition. Mr. Ian Munce, Planning Director, reviewed action previously taken by Council to allow a cul-de-sac off of Kellogg Avenue to be used as access to building sites at Blocks 206 and 207, generally located at Baltimore and West 3rd (rock extending into West 3rd prevents developing that street as access). The alley, if vacated, would provide enough land needed for 30' street frontage for one of the building sites. Mr. Munce reported that the Board of Adjustment unanimously recommended approval of the request. Mr. Tony Balbas, 1542 Highway 20, one of the property owners involved, made himself available for questions from the Council. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Smith moved, seconded by Mr. Brown, that the vacation of the alley lying between Blocks 206 and 207, Northern Pacific Addition be approved. Vote: Ayes - Maxwell, Jackson, Separovich, Rock, Brown, Lian, Smith. Motion carried. Ordinance - 1991 Budget Amendments Mayor Rock presented an Ordinance to the Council amending the Budget/Library Fund (103) due to unanticipated expenditures providing library services to non-resident library users, and also to amend the Library Fund to allow for revenues available from a County grant to provide for those same services. Mr. Brown moved, seconded by Mr. Lian, that the Ordinance be adopted and given Ordinance No. 2196. Vote: Ayes - Jackson, Separovich, Rock, Brown, Lian, Smith, Maxwell. Motion carried. 1®24 August 5, 1991 - continued Bid Award - Outfall Modifications Mr. Dave Ford, Director of Public Works, reviewed the bids received for the wastewater treatment plant outfall modifications. Mr. Ford stated that Public Works is recommending that the low bid from Quantum Construction in the amount of $250,672.80 be accepted. Mr. Ford also recommended 'that staff be authorized to issue Notice to Proceed to the contractor when the contract has been properly executed and all necessary forms have been approved by the City. Mr. Jackson moved, seconded by Mr. Separovich, to award the bid as recommended by the Public Works Department. Vote: Ayes - Separovich, Rock, Brown, Lian, Smith, Maxwell, Jackson. Motion carried. Ed Knorr - Street Waiver Request and Utility Extension Application Mr. Jim Pemberton, Director of Engineering Services, presented a request by Mr. Ed Knorr to make a modification to a previously approved sanitary sewer extension in the vicinity of 17th and "C" Avenue so that additional property in the area can be served. Mr. Knorr is also asking for a waterline extension on 17th street. Mr. Separovich moved, seconded by Mr. Jackson to approve the utility extensions to be installed to City specifications. Vote: Ayes - Rock, Brown, Lian, Smith, Maxwell, Jackson, Separovich. Motion carried. Mr. Pemberton then presented a request from Mr. Knorr for a waiver from the street improvement standards ordinance. Mr. Knorr would like to improve 17th street from D Avenue to C Avenue. Mr. Knorr only has 5 building sites to develop and costs of full development can not be recovered with that number of lots. Mr. Pemberton expressed his reluctance to recommend approval until a complete drainage analysis has been completed. Discussion continued regarding street development in this area. Mr. Pemberton talked about the need for a more extensive study of street standards. After extensive discussion, Mrs. Smith moved, seconded by Mr. Jackson to table decision on this matter until drainage study has been provided. Vote: Ayes - Separovich, Rock, Brown, Lian, Smith, Maxwell, Jackson. Motion carried. Acceptance of "Q" Avenue Waterline Mr. Jim Pemberton, Director of Engineering Services, said that this project for the construction of a 12",waterline between 17th St. and 15 St. along the east side of Q Aveue is complete. The work was completed by Lake Erie Construction. Mr. Pemberton reviewed the change orders. Mr. Pemberton is requesting that the Council accept the project as complete and authorize staff to release retainage at the end of 30 days if there are no claims. Mrs. Smith so moved, seconded by Mr. Brown. Vote: Ayes - Rock, Brown, Lian, Smith, Maxwell, Jackson, Separovich. Motion carried. Award to Lee Johnson for Fire Department Sewer Pump Mr. Jim Pemberton, Director of Engineering Services, reviewed the history of flooding at the Public Safety Building. Staff has solicited bids for a sewage .life station that would bypass existing utility connections. One bid was received from Lee Johnson & Sons in the amount of $21,450.00. Mr. Jackson moved, seconded by Mr. Separovich, to award the bid to Lee Johnson & Sons. Vote: Ayes - Brown, Smith, Maxwell, Jackson, Separovich, Rock. No - Lian. Motion carried. Approval - Consultant Engineering Agreement - Water Treatment Plant Mr. Dave Ford, Director of Public Works, reviewed the need for two proposed studies - one a study of alternatives for dealing with oil in the raw water supply and the second to study the upgrade of the Water Treatment Plant's backwash control system. Mr. Ford reviewed the consultant agreement and costs attached to these studies. Public Works recommends that CH2MHill perform the studies for the City. Mr. Maxwell moved, seconded by Mr. Brown to approve the consultant contracts with CH2MHill to perform the oil study not to exceed $9,000 and the backwash control system study not to exceed $122,000. Vote: Ayes - Smith, Maxwell, Jackson, Separovich, Rock, Brown, Lian. Motion carried. There being no further business, the meeting was adjourned at approximately 9:20 p.m. orge Khtaian, City Clerk -Treasurer a s Rice, Mayor 1025 August 19, 1991 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge 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 August 5, 1991 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings Ms. Sondra Thiessen, 702 0 Avenue, asked when the paving project by her house would be completed. Mayor Rice explained that there are unresolved issues between the contractor and the City. Mr. Chuck Bush, 2003 9th Street, spoke in favor of the Ship Harbor project and secondary access to Skyline via 32nd Street. Mr. Bush also asked when the study meetings would be held to review RH zone density/ development. Mayor Rice said that the Council would review the west -end road issue at the October 14th Study Session. Mayor Rice also said that any RH rezone could be brought before the Council by either Council motion or by an individual application. Report from Felicia Childs - 4th of July Mrs. Felicia Childs made a financial report to the Council regarding 4th of July activity expenditures. A savings account of $200.00 has been established using the balance of funds received from grants or donations. The reserve is to be used for 1992 fireworks. Total event costs were $4,174.00. Mrs. Childs requested an additional $50.00 to publish a letter of thanks to all those who contributed to the event. Mayor Rice authorized the cost for the ad and expressed appreciation to the 4th of July committee. Ed Knorr - Street Waiver Request Mr. Jim Pemberton, Director of Engineering Services, reviewed the previously submitted request for a waiver from the street standards Ordinance. Mr. Ed Knorr would like to make improvements on 17th Street from D Avenue westerly approximately 2 blocks. The improvements, however, would not be made to full City standards required by Ordinance. Sturdy Engineering, retained by Mr. Knorr, has made some preliminary studies of the drainage in this area; they indicate that runoff from Knorr's project would be minimal and could be handled with grassy swales. The Engineering Services Department is requesting approval of the waiver and for authorization from Council to continue negotiate design modifications for this project. Mr. Brown so moved, seconded by Mr. Jackson. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Public Hearings (1) Amend the Comprehensive Plan to Add West Fidalgo Island Inventory - Natural Resource Lands and Critical Areas; (2) Amend Zoning Ordinance - Provide Protection/Regulation for Natural Resource and Critical Areas Mayor Rice opened the combine Public Hearings. Mayor Rice explained that the amendments to the Comprehensive Plan and the Zoning Code are before Council for review and approval so that the City of Anacortes can comply with deadlines mandated by the State Law, Growth Management Act of 1990. In particular, resource lands and critical areas must be classified and designated by September 1, 1991. When adopted, these standards of protection and regulation shall be reviewed and amended as necessary. Mr. Ross 0. Barnes, 104 Harbor Lane, requested that Section 3. Submittal Requirements sentence structure be changed for clarification; that Table 4. Hydric Soils Found in the South Fidalgo Island Study Area be changed to read: Units 37, 38, Hydric - Yes; remove word "potential" from Potential Wetlands Map, Jones & Stokes "Sensitive Area Inventory" and add dislaimer stating that "... nothing on this map shall be construed to indicate the presence or absence of regulated or jurisdictional wetlands". Mr. Ian Munce, Planning Director, endorsed the changes recommended by Mr. Barnes; Mr. Munce clarified the more significant issue that the proposed critical area inventories are the baseline that will be updated and amended as additional field studies and inventories are completed. There were no further comments and the Mayor declared the Public Hearing closed. August 19, 1991 - continued Mr. Jackson moved, seconded by Mr. Brown to adopt an Ordinance entitled "An Ordinance Amending the City Comprehensive Plan Relative to the Growth Management Act, Ordinance No. 2197 and to adopt an Ordinance entitled "An Ordinance Adding to the Standards Section of the City Zoning Code", Ordinance No. 2198. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. KLKI Radio Tower - Request Mr. Bill Berry, KLKI Radio, discussed the grounding system necessary to broadcast the station's signal from the tower located in the Urban Renewal area. Mr. Berry will need more area than the one acre he presently owns. Mr. Berry has contacted an engineer who reported that a depth of 4'- 5' to bury copper wire grid is adequate; also, paving over the top of buried wire is acceptable. Mr. Steve Mansfield, City Attorney, discussed his suggestion to use a proposed Port of Anacortes wetland as a salt water ground. Mayor Rice said the City would continue to discuss potential solutions and Mr. Berry will also continue to work with Mr. Wooding to reach a satisfactory conclusion. Mr. Berry then introduced Ms. Ingrid Ougland, the News Director for KLKI Radio. The Mayor and Council welcomed Ms. Ougland to Anacortes. Ordinance - Establishing Museum & History Board Mayor Rice presented an Ordinance to Council that defines the powers and duties, tenure and establishment of a Museum and History Advisory Board. Mayor Rice stated that the Museum Board voted unanimously to recommend a seven member board rather than a five member board as proposed in the Ordinance. With that change, Mrs. Smith moved and Mr. Rock seconded, that the Ordinance be adopted and given Ordinance No. 2199. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Public Hearing - Vacation Petition - Gere - Portion C Ave. Mayor Rice opened the Public Hearing on a Petition to Vacate a portion of "C" Avenue south of 32nd Street. Mr. Jim Pemberton, Director of Engineering Services, stated that the Petition was submitted by Mr. and Mrs. Phil Gere and Mr. and Mrs. Robert Carpenter; subsequently, the Carpenters withdrew from the petition but Mr. and Mrs. Gere would like to continue with the process to vacate their half of "C" Avenue. The Board of Adjustment recommended to approve and there were no comments from staff. There were no comments from the audience and the Mayor declared the Public Hearing closed. Discussion ensued regarding traffic circulation in the area. Mr. Maxwell moved, seconded by Mr. Separovich, to approve the request to vacate a portion of "C" Avenue lying between Blocks 14 and 15, Kellogg & Ford Addition to the City. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Public Hearing - Vacation of Portion of Harrison Avenue for Mr. Kenneth Huff and Mrs. Helen Erlich - Cancelled Mr. Steve Mansfield, City Attorney, explained that the petitions to vacate a portion of the alley in Block 11, 1st Plat of Ships Harbor and a portion of Harrison Avenue did not contain signatures of 2/3rds of abutting property owners; the petitions, therefore are not valid and the Public Hearings scheduled for August 19, 1991 have been cancelled. Resolution - Setting Public Hearing Date - Vacation of Portion of "C" Avenue - Eckberg Mayor Rice presented a Resolution to Council setting October 7, 1991 as the Public Hearing date to review a Petition to vacate a portion of "C" Avenue. Mrs: Smith moved, seconded by Mr. Rock, to adopt Resolution No. 1174. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Annexation - Notice of Intent (2) Mr. Ian Munce, Planning Director, reviewed the next Growth Management Act compliance goal: July of 1992 all the cities in western Washington are to agree with their respective counties on growth management boundaries. No one outside of that boundary will be able to submit a petition to annex to the City of Anacortes. 1027 August 19, 1991 - continued Two Letters of Intent to Annex have been submitted and it is anticipated that there will be others. (1) Mamco Manufacturing would like to annex approximately 17 acres above Weaverling Spit and, (2) Mr. Allen Carmichael would like to annex approximately 10 acres south of Haddon Road. Based on opposition to annexation in certain areas as expressed in a recent Growth Boundary survey, Mr. Munce stated that his recommendation would be against these annexations. Mr. Munce requested that a discretionary Hearing before the Planning Commission be set for October 9, 1991. Mrs. Smith so moved, seconded by Mr. Jackson. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. 1990 Pavement Overlay Mr. Jim Pemberton, Director of Engineering Services, reviewed the contract awarded to Lakeside Industries for repaving 5th, 6th and 7th streets between 0 Avenue and Q Avenue. The estimated contract price was $70,040 and the project has been completed with the final cost of $120,628.65. Mr. Pemberton discussed the cost overruns due to unanticipated ground saturation, collapsed sewer lines, asphalt pavement removal and asphalt concrete, etc., - all contributing to the difference between bid price and the final cost. Mr. Brown moved, seconded by Mr. Jackson, to accept the project as complete and to authorize staff to release retainage at the end of the 30 day lien period providing no valid claims or liens are filed. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Young Road Waterline Project Mr. Jim Pemberton, Director of Engineering Services, reviewed the contract awarded to Wilder Construction for the Young Road Waterline Project. The estimated contract price was $1,450,000 and the project is complete with a final contract cost of $1,700,000. Mr. Pemberton reviewed the cost overruns and change orders, specifically backfill and the redesign of the LaConner meter vault. Mrs. Smith moved, seconded by Mr. Brown, to accept this project as complete and to authorize staff to release the retainage at the end of the 30 day lien period providing no valid claims or liens are filed. Note: Ayes - Jackson, Brown, Lian, Smith, Rock, Maxwell. No - Separovich. Motion carried. Approval of Engineering Contract - R.W. Beck Mr. Dave Ford, Director of Public Works, presented an Engineering Contract with R.W. Beck to prepare a study for the City on redesigning the chlorination systems for water and wastewater facilities. The maximum contract amount is $14,969. Mr. Ford explained that in order to comply with new fire codes related to hazardous materials the City will need to upgrade its facilities. Mrs. Margaret Yeoman, 1620 11th St., encouraged the City to investigate new methods of purification other than chlorination. Mr. Ford explained that State Law requires that the City uses chlorine and carry a chlorine residual in the system. Mr. Smith asked if other consultants were contacted to submit proposals. Mr. Ford stated that quotes were received from three different firms for this project. Mr. Jackson moved, seconded by Mrs. Smith, to approve the contract. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Approval of Bids - Clarifier Valve Vault Mr. Mike Foster, Operations Superintendent, explained the need for the construction of a clarifier valve vault at the City's Water Treatment Plant in Mt. Vernon. Mr. Foster reviewed the bids received for this project and recommended acceptance of the bid.from Quantum Construction in the amount of $81,044.25. Mrs. Smith moved, seconded by Mr. Rock, to accept the Quantum Construction bid. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Approval of Chemical Bids Mr. Jackson moved, seconded by Mr. Lian, to approve the following bids for water treatment chemicals for the period 1991-1993: Hydrated Lime - Hemphill Brothers; Aluminum Sulphate - Rhone-Poulenc Basic Chemical; Powered Activated Carbon - Calgon; Polymer - Chemax; Liquid Chlorine - Jones Chemical; Sodium Flouride - Van Waters & Rogers. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. August 19, 1991 - continued Resolution - Revising Lease - City and Oak Harbor Mr. Ian Munce, Planning Director, presented a Resolution and amendment to a Lease Agreement with the City of Anacortes and Oak Harbor Boat Works to amend the lease term to begin June 1, 1992 and to end on July 21, 1997. Mr. Brown moved, seconded by Mrs. Smith, to adopt Resolution No. 1175 amending the lease agreement between the City of Anacortes and Oak Harbor Boat Works. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Ordinance - Establishing Compensation for City Council Mayor Rice presented an Ordinance requested by Councilman Separovich that would increase compensation to Councilmembers to $150.00 per month. Mayor Rice suggested that the Ordinance be amended to add that effective January 1, 1991, the amount be raised to $200.00 per month. With that -change Mr. Maxwell moved, -seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2200. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown. No - Lian, Smith. Motion carried. Appointments Mayor Rice announced that Ms. Sue Lehman has been appointed to serve on the Museum Advisory Board. Study Session Mayor Rice announced that agenda items for the September 9th study session are: west end road; high strength sewer charges for commercial establishments. Memorial Mayor rice announced that a plaque has been installed at the park at the south end of the W.T. Preston to remember the seamen lost in 1983 on the F/V Altair and the F/V Americus. Mayor Rice encouraged everyone to visit the memorial. The next Council Meeting will be held on Tuesday, September 3, 1991. There being no further business, the meeting was adjourned at approximately 9:30 p.m. orge htaian, ity Clerk -Treasurer �'am�s Rice, Mayor September 3, 1991 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. Separovich moved, seconded by Mr. Rock, that the minutes of August 19, 1991 be approved as if read. Vote: Ayes - Jackson, 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. Mr. Separovich discussed news clippings on wetlands, state ferry parking, secondary access from the west end and the educational system in the United States. Mayor Rice said that secondary access would be a September 9th study session agenda item. All-American City Award The Mayor read passages from a June 12, 1991 letter from the National Civic League _Chairman, Henry Cisneros, commending the City of Anacortes for its 1991 All-American City Finalist designation. 1029 September 3, 1991 - continued He then displayed the framed Finalist Citation and the All-American City Finalist Plaque. Both were submitted by the National Civic League in recognition of the City's achievements through citizen action. The Mayor then read Resolution No. 1176 extending appreciation to Philip Burton, Roger Jewitt, George Khtaian, Ben Root, Melanie Siefferman and Helen Smith, the ;City's Finalist Team, for their. contributions towards the All-American City Awards program. :1 A picture was then taken of the team, which will be framed to hang on Council Chamber walls along with the Resolution, Plaque and Citation. (Mrs. Smith left the Council Chambers for a shore time.) Mr. Rock then moved, seconded by Mr. Brown, to adopt Resolution No. 1176. Vote: Ayes - Separovich, Brown, Lian, Rock, Maxwell, Jackson. Motion carried. Ordinances (3) - Vacating Right of Way Mr. Brown moved, seconded by Mr. Jackson, that the following Ordinances, all reflecting Council -approved vacation action, be adopted: Ordinance No. 2202, vacating alley between Block 206, 207, Northern Pacific Addition; Ordinance No. 2203, vacating a portion of 20th Street adjacent' to the bowling alley; Ordinance No. 2204, vacating the west 1/2 of C Avenue between Blocks 14, 15, Kellogg & Ford's Addition. Vote; Ayes - Brown, Lian, Rock, Maxwell, Jackson, Separovich. Motion carried. (Mrs. Smith returned to the Council Chambers.) Ordinance - Amending Legal Description of Ordinance 42124 Mayor Rice presented an Ordinance to Council that corrects the legal description of Ordinance 442124, passed in November of 1989, vacating the east five feet of right of way between Blocks 6 and 7, Spink's Addition. Mrs. Smith moved, seconded by Mr. Brown, to adopt Ordinance No. 2201. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. .Con:tdmued Tublic .-.Hdaring...- Vacationso€i;Port-;ion.:-.of. _30th :Str.eet. -ofiIawkings Mayor Rice reconvened the Public Hearing held over from the -,August 5,.19.9-1 Council Meeting. This Public Hearing is being held to consider a Petition submitted by Ed Hawkings to vacate the north 30 feet of 30th Street abutting Block 14 and the alley right of way in Block 14, Tuttle & Buckley's Addition. In exchange for this right of way, Mr. Hawkings is proposing to convey to the City the north 30 feet of Block 14 because portions of 29th Street and N Avenue encroach on Mr. Hawking's property. In an August 7, 1991 memorandum, Mr. Jim Pemberton, Director of Engineering and Development Services, recommends that Mr. Hawkings conveys all of the existing encroachment to the City in exchange for the vacated right of way. Relocation of the road and other costly improvement would be avoided and Mr. Hawkings would have a net gain in square footage. Mr. Dave ford, Director of Public Works, concurred with this proposal. Mr. Ross Barnes, 104 Harbor Lane, recommended delaying decision until the golf course wetland determination is complete. Mr. Bill Rockwell, 4015 Airport Road, inquired about the hearing notification procedure; Mr. Rockwell also requested that the decision be delayed until the golf course hearings have been held. Mr. Ed Hawkings, 1102 Markwood Rd., Burlington, questioned the square footage calculations. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Maxwell moved, seconded by Mr. Separovich, to approve the vacation and property exchange as outlined in Mr. Pemberton's August 7, 1991 memorandum. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Separovich, Brown. No - Rock. Motion carried. Resolution - In Support of Croatia and Slovenia Mr. Steve Mansfield, City Attorney, read to the Council and audience, a Resolution of the City Council in Support of Croatia and Slovenia. Mr. Nick Mavar appealed to the free world to support Croatia's right for self determination and independence. Mr. Separovich moved, seconded by Mr. Rock, to adopt Resolution No. 1177. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Engineering Consultants - Washington Park Mr. Steve Colby, Director of Parks and Recreation, presented a proposed contract between the City and SvR Design Co. to have engineering documents prepared for the renovation and improvements at Washington Park. Mr. Colby explained that the renovations are part of the Master Plan adopted by Council in 1990. Mr. Rock asked for the opportunity to review the contract at a Study Session. Mrs. Margaret Yeoman, 1620 11th St., 1030 September 3, 1991 - continued requested a wetland survey of the area and also asked for information regarding the beach gravel migration and the effects of the ramp. Dr. H. Oborne, 1880 Skyline Way, asked that Washington Park be left as it is. After discussion, Mrs. Smith moved, seconded by Mr. Jackson, to accept the proposed Engineering Contract. Vote: Ayes - Jackson, Brown, Smith. No - Rock, Maxwell, Separovich, Lian. Motion failed. Mayor Rice said that this item would be on the September 9th study session agenda. Appointment - Museum Board Mayor Rice announced that Shirley Ijams has been appointed to the Museum Board. Bid Award Mayor Rice reviewed the bids received for an asphalt overlay of a portion of Sunset Avenue. Staff recommends that the bid be awarded to Associated Sand and Gravel in the total amount of $63,087.50. Mrs. Smith so moved, seconded by Mr. Maxwell. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Memorandum of Agreement.(2) - Public Service Answering Point for 911 Calls Mayor Rice presented Memorandums of Agreement between the City of Anacortes, the Swinomish Tribal Community and the Town of LaConner. The agreements designate the City of Anacortes as a Public Service Answering Point for 911 calls. Police Chief Lippee reviewed the scope of services to be provided. Mrs. Smith moved, seconded by Mr. Separovich, to adopt Resolution No. 1178 authorizing agreement between the City and the tribal Community and Resolution No. 1179 authorizing agreement between the City and the City of LaConner. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Surplus Equipment Police Chief Lippe presented a request to Council to surplus a 13 -year old table top communication console. The Chief explained that the console is no longer needed nor is it economically feasible to continue its use; the recommendation is to surplus the euqipment and to donate the equipment to Emergency Medical Service, Sedro Woolley. Mr. Brown so moved, seconded by Mrs. Smith. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Announcement of Resignation Mayor Rice announced his resignation as Mayor of the City of Anacortes as of September 30, 1991. The County Auditor has been notified and there will be a 3 -day special filing period for the office of Mayor. This matter will be on the November ballot. At the next meeting, the City Council will appoint an interim Mayor to serve from September 30th until the election is certified in November. If the Council chooses to appoint a Councilmember as Interim Mayer, that Councilmember will be required to give up his/her Council seat. Executive Session At approximately 8:30 p.m. the Mayor announced that the Council would convene in executive session to discuss labor negotiations. At 9:00 p.m. the Council reconvened and without taking any further action; the meeting was adjourned. Lan, ity Clerk -Treasurer mes Rice, Mayor 10 3.,_ September 16, 1991 Members present: Mayor Rice, Councilmembers Separovich, Maxwell, Rock, Lian, Smith, Brown. The minutes of the September 3, 1991 meeting were approved on a motion by. Mr. Lian seconded by Mr. Separovich and passed unanimously. Vote: Ayes - Separovich, Maxwell, Rock, Lian, Smith, Brown. Citizen Hearings Ms. Shirley Baisch complained to the City Council that children in her neighborhood were making an inordinate amount of noise and disrupting her and her neighbor's enjoyment. She asked that the City Council implement a noice ordinance to control the situation. The City Attorney responded that there was not much that the City could do unless the noise amounted to deliberate harassment. On another matter, Mrs. Keck stated that the Realtor's representations regarding minimum lot size in the RH Zone were inaccurate and misleading; Mayor Rice assured her that' the proposed amendments were no longer under consideration. The Council then turned to considering an engineering contract for Washington Park. Mr. Ross Barnes pointed out that this contract would implement parts of the compromise plan agreed to by the Washington Park Committee. He requested that all of the recommendations from this Committee be implemented and that the Committee's report not be selectively implemented. In particular, he asked that the Conservation Committee be convened and that beach erosion adjacent to the boat ramp be studied. Mrs. Smith then moved that the engineering contract be approved as submitted. Mr. Lian seconded the motion and it passed unanimously. Vote: Ayes - Maxwell, Rock, Lian, Smith, Brown, Separovich. The Council then considered a resolution authorizing and directing execution of a contract with the Anacortes Police Guild for 1991-1992. The City Personnel Director summarized the major provisions of the agreement. Mrs. Smith then moved for adoption of Resolution No. 1180. The motion was seconded by Mr. Lian and passed unanimously. Vote: Ayes - Rock, Lian, Smith, Brown, Separovich, Maxwell. The Council then approved, $gsolution No. 1181 amending the Teamsters' Local #788 Municipal and Sanitation Contract to go from a 5 -day per week operation to a 7 -day per week operation. Mr. Brown moved that Resolution No. 1181 be adopted. The motion was seconded by Mr. Rock and passed unanimously. Vote: Ayes - Lian, Smith, Brown, Separovich, Maxwell, Rock. The Council then agreed to direct the Planning Commission to hold a public hearing on a proposal to annex Allan Island to the City of Anacortes. This action was taken on a motion by Mr. Rock seconded by Mr. Brown and passed unanimously. Vote: Ayes - Smith, Brown, Separovich, Maxwell, Rock, Lian. Mr. Rock then proposed that the Council appoint James Rice, Interim Mayor from September 30, 1991 until the November elections are certified. The motion was seconded by Mrs. Smith and passed unanimously. Vote: Ayes - Brown, Separovich, Maxwell, Rock, Lian, Smith. The meeting adjourned at.appr_oximately 8:15 p.m. Aames orge Klitaian, Cit Clerk -Treasurer Rice, Mayor October 7, 1991 Mayor Pro -Tem Rock called the meeting to order at 7:30 p.m., followed by the Pledge Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Bud -Rock, Tommi-Lian, Helen Smith. Absent: Ray Separovich, Ken Brown. Minutes of Previous Meeting Mr. Lian moved, seconded by Mr. Jackson, that the minutes of September 16, 1991 be approved as if read. Vote: Ayes - Jackson, Rock, Lian, Smith, Maxwell. Motion carried. 1032 October 7, 1991 - continued Correspondence/Citizen Hearings There was no correspondence. Mr. Richard Dildine, 1211 6th Street, asked that the City investigate the repair of curb edges that may have been damaged during the waterline installation on 6th Street. It was pointed out that this issue would be discussed later in the meeting as an agenda item. Mayor Rock asked that Council information packets be made available for all the candidates. Mr. Jackson also asked that a copy be made available fo'r the Chamber of Commerce. Ordinance - Subdivision Vacation - Larsen Mr. Jackson moved, seconded by Mrs. Smith, that an Ordinance reflecting action previously taken by Council to vacate, in part, portions of streets abutting Block 222, Original Anacortes, be adopted and given Ordinance No. 2205. Vote: Ayes - Rock, Lian, Smith, Maxwell, Jackson. Motion carried. Public Hearings - Interpacific Golf Associates - Planned Unit Development, Conditional Use (2) - Ship Harbor Highlands Golf Community Mayor Rock opened the Public Hearing that would encompass all three Ship Harbor Highlands Golf Community permit applications: 1) Planned Unit Development to develop a golf course residential community on 187 acres; 2) Conditional Use Permit to construct a golf course in a RM Zone; 3) Conditional Use Permit to build 25 single family cluster homes in a LM Zone. Mr. Ian Munce, Planning Director, reviewed Planning Commission recommendation to approve all three permits with 28 extensive, detailed conditions. Mr. Munce then proposed the addition of the following to Condition #8: "Additionally, the golf course operator shall maintain a bound log book that shall contain the following information: the date, the location, what chemical was applied and at what rate, and by whom." Mr. Munce pointed out that the 185 -acre site proposed for the golf community, if fully developed according to current zoning, could include as many as 750 homes sites; the golf course community proposal will have a total of 400 residential/recreational housing units. Mr. Bob Taylor, 4020 Washington Blvd., Kirkland, one of the general partners for Interpacific Golf Associates, presented charts showing location of project, residential components, presented a resident profile, discussed project compatibility with the forestlands, and stated that all 28 mitigation conditions have been reviewed and accepted. Mr. Robert Hawkins, 4210 Bryce Drive, wanted to know: the routes that trucks would take during construction phase and the timetable for the project access/Kingsway connection development. The Planning Director responded that this public hearing was for the Council to decide on the conceptual plan presented and that a detailed truck route plan/access plan would be included in the Final Development Plan that would be brought back to the Planning Commission for approval at a Public Hearing. Mr. Malcolm Lorente, 3820 West 4th, asked about the time frame for the Anacopper Road development. Mr. Tom Preston, 1905 Anacopper Road, said his property was in the middle of this development and he expressed concern over access to his property. Mrs. Margaret Yeoman, 1620 11th St., recommended that no pollutants/ chemicals be used to maintain the golf course. Mrs. Yeoman presented literature to the proponent regarding handling of wastewater and recirculation. Mr. Dick Dildine, 1211 6th St., expressed concern that the golf course development would preclude west end access alternatives. Mr. Taylor responded to issues raised. There were no further comments and the Mayor declared the Public Hearing closed. Mayor Rock requested that a condition be added to provided access through Clearidge. The Planning Director responded with Condition 429: "Access shall be provided through the applicant's property to Whidbey Court." Mr. Steve Mansfield, City Attorney, discussed procedures for developing an Anacopper Road local improvement district. Mr. Lian inquired about proposed financing. Mr. Maxwell expressed the strong desire for the public to be able to use the golf course. 103 October 7, 1991 - continued Mrs. Smith, expressing appreciation for the project presentation, moved to approve the Findings of Fact and Conclusions of Law to permit a Conditional Use for the construction of a golf course in a Residential Low Density Zone together with an amendment to Condition #11 and the addition of Condition #27. Mr. Jackson seconded the motion. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Rock. Motion carried. Mr. Jackson moved, seconded by Mrs. Smith to approve the Findings of Fact and Conclusions of Law to approve the proposal for the Ship Harbor Highlands Golf Community Planned Unit Development together with the amendment to Condition #8 and the addition of Condition 428. Vote: Ayes - Smith, Maxwell, Jackson, Rock, Lian. Motion carried. Mr. Lian moved, seconded by Mr. Jackson, to approve the Findings of Fact and Conclusions of Law to permit a Conditional Use to build 25 single family cluster homes in a Light Manufacturing Zone together with the amendment to Condition 411 and the addition of Condition #27. Vote: Ayes - Maxwell, Jackson, Rock, Lian, Smith. Motion carried. .. Resolution - Preliminary Property Tax Levy Request Mr. George Khtaian, Finance Director, submitted a Resolution to Council for approval entitled "A Resolution Authorizing Preliminary Property Tax Levy Estimates to be submitted to Skagit County Commissioners". Mrs. Smith moved, seconded by Mr. Jackson, that the Resolution be adopted and given Resolution No. 1182. Vote: Ayes - Jackson, Rock, Lian, Smith, Maxwell. Motion carried. Payroll/Claims Warrants, 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 7, 1991, the Council, by unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: June: payroll warrant numbers 20371 through 20717 in the total amount of $352,648.82 and claim warrant numbers 23670 through 24101 in the total amount of $1,974,960.74. July: payroll warrant numbers 20718 through 21068 in the total amount of $373,502.59 and claim warrant numbers 24033 through 24445 in the total amount of $2,256,232. 60. August: payroll warrant numbers 21069 through 21425 in the total amount of $371,383.01 and claim warrant numbers 24446 through 24806 in the total amount of $2,512,102.65. Street Name Change - Hughes Lane to Cabana Lane Mr. Dave Ford, Director of Public Works, presented a request submitted by the abutting property owners on Hughes Lane in Skyline to change the street name to Cabana Lane. The reason given for the request is to help people locate the Skyline Cabana. Mrs. Smith moved, seconded by Mr. Jackson, to approve the street name change request. Vote: Ayes - Rock, Lian, Smith, Maxwell, Jackson. Motion carried. Public Hearing - Wetland Encroachment - WWTP - 4th Street Mayor Rock opened the Public Hearing to review a Conditional Use application submitted by the Public Works Department to relocate a fence and landscaping thereby encroaching into the wetland buffer zone at the wastewater treatment plant. The Planning Director clarified that the application before Council is for wetland encroachment, not for plant expansion; the Conditional Use permits necessary for plant construction and expansion are already in place. Mr. Munce confirmed the City's commitment to maintain the wetland abutting the plant. The Planning Commission recommended approval of the permit subject to four conditions. Mr. Ross Barnes, 104 Harbor Lane, recommended that Conditions #2 and #4 be amended to read: 2)During construction of the fence, landscaping and treatment plant expansion, best management practices shall be required for erosion control; 4) Groundcover should be added to the vegetation in order to stabilize the soil and shall be compatible with the wetland character and wetland buffer zone; the applicant shall install ground cover only in those areas where the existing vegetation will be disturbed. Mr. Mike Foster, Maintenance and Operations, asked for clarification on Condition #1 with regard to slope regrading. Mr. Brian Sneva, 808 37th St., reviewed 1034 October 7, 1991 - continued his September 6, 1991 letter to the Council recommending that a portion of the DNS issued for this project be modified and a portion w thdrawn. Mr. John Reed, 4912 Heather Drive, recommended that alternative expansion methods be investigated. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Maxwell moved, seconded by Mrs. Smith, to approve the Conditional Use permit subject to four conditions as amended. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Rock. Motion carried. Proposed Property Exchange - John Miller Mr. Jim Pemberton, Director of Engineering_, Services, reviewed_a__letter_from Mr. John Miller that proposed a trade of City owned property in return for an easement over and across property owned by Mr. Miller for two existing water transmission lines. The property is located in Fidalgo Estates. Engineering and Legal departments have reviewed the proposal and are recommending approval of the trade. Mr. John Miller, 1102 7th Street, described the topographic character of the property. Mr. Jackson .moved; seconded by Mr. Lian, that the property exchange be approved. Vote: Ayes - Smith, Maxwell, Jackson, Rock, Lian. Motion carried. Utility Extension Applications - Click; Thomas Mr. Jim Pemberton, Director of Engineering Services, presented two -utility extension requests: 1) Mr. Randy Click has requested permission to extend the waterline on J Avenue between 15th and 16th Streets to provide service to a duplex being constructed at 16th and J Avenue. Mrs. Smith moved, seconded by Mr. Maxwell, that the extension, developed to City standards, be approved. Vote: Ayes - Maxwell, Jackson, Rock, Lian, Smith. Motion carried. 2) Mr. Ben Thomas has requested permission to extend a sanitary sewer in the vacated alley of the block lying between 36th and 37th Streets. Mr. Thomas has agreed to provide an easement for the sewer extension. Mr. Maxwell moved, seconded by Mr. Lian, that the utility extension, developed to City standards, be approved. Vote: Ayes - Jackson, Rock, Lian, Smith, Maxwell. Motion carried. Supplemental Agreement - R.W. Beck Water Transmission Line Replacement Mr. Jim Pemberton, Director of Engineering Services, presented a request from R. W. Beck for an increase in contract price in the amount of $37,000 for the Young Road Waterline. Mr. Pemberton "reviewed --the -reasons- t -or the increased price: extended construction period required to complete the job and weather related delays. Mr. Wilson V. Binger, R.W. Beck & Associates, reviewed the unanticipated difficulties encountered with the replacement of the LaConner meter. Councilmembers expressed their reluctance to pay these additional engineering costs. After discussion, Mrs. Smith moved to approve the increase in the Professional Service. - agreement with R.W. Beck in the amount of $37,000. Mr. Jackson-se-conded' the motion. Vote: Ayes - Smith, Jackson. No - Lian, Maxwell, Rock. Motion failed. Public Works Trust Fund Loan Application/Anaco.Beach Road Mr. Jim Pemberton, Director of Engineering Services, reviewed the decision of the Public Works Trust Fund Loan Program not to select the Anaco Beach Road project for funding. Mr. Pemberton explained that our project didn't compare well with other proposed projects with regard to level of urgency and severity of health and safety issues. PWTF staff will be meeting with City representatives to review our application in more detail with particular attention to the needs assessment criteria. 6th Street, H Avenue, 9th Street Waterline Mr. Jim Pemberton, Director of Engineering Services, reviewed Mr. Dildine's request made earlier in the evening to repair curb damage that may have occurred during this waterline project. Mr. Pemberton stated that the City's Public Works Department would investigate the repair of the damaged curb. Mr. Pemberton then stated that the waterline project has been completed and is recommending that the Council accept the project as complete and final payment to Lee Johnson & Sons Construction be authorized pending publishing of Notice of Completion. Mr. Maxwell so moved, seconded by Mrs. Smith. Vote: Ayes - Maxwell, Jackson, Rock, Lian, Smith. Motion carried. 1035 October 7, 1991 - continued Mayor Rock stated that work has begun on "0" Avenue paving; there will be a Study Session"on October 14th to review sewer rates. There being no further business, the meeting was adjourned.at approximately 10:30 p.m.. Geog Khtai n, City Cle -Treasurer October 21, 1991 ,6,e,e,O 4Fe-"4 Bud Rock, Mayor Pro -Tem Mayor Pro -Tem Rock called the meeting to order at 7:30 p.m., followed by the Pledge Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Bud Rock, Ken Brown, Tom Lian, Helen Smith. Absent: Ray Separovich. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Lian, that the minutes of October 7, 1991 be approved as if read. Vote: Ayes - Jackson, Rock, Brown,, Lian, Smith, Maxwell. Motion carried. Correspondence/Citizen Hearings There was no correspondence. Mayor Rock invited Mr. Connie Hood to address the Council. Mr. Hood expressed his desire to relocate his business from his residence in Clearidge to 1419 10th Street. The building at this site, orginally a grocery store and as such a non -conforming use, is now occupied by the church, Zoe Like Ministries. The church use is and was permitted in a Residential Medium Density Zone through the Conditional Use process. Mr. Hood is requesting a return of the use of the property to a more commercial use. The Planning Director, Mr. Ian Munce, explained that Mr. Hood's free standing business is neither a permitted or conditional use in this zone; the only zoning vehicle available to Mr. Hood is a Home Occupation Permit whereby Mr. Hood could apply for approval to use the building as his residence and his business. After discussion, Council requested that the Planning Director review this matter further and report back at the next Council Meeting. Mr. Jim Pemberton, Director of Engineering Services, presented a request made by Anacortes High School student, Mr. Ed Cortez, for the closure of Commerical Avenue from 22nd to 4th St., to accommodate a Homecoming Parade on Friday, November 1st. Mr. Pemberton explained that the next Traffic Safety Committee meeting would take place after the proposed parade date. Councilmembers asked Mr. Pemberton to secure comments from Fire and Police departments and the Safety Committee. This meeting will be continued to October 28th so that a decision can be made at that time. Ordinance - Limiting Sale & Discharge of Fireworks Mr. Steve' Mansfield, City Attorney,�prdsented an Ordinance to Council that would limit the sale of fireworks from noon on June 28th to 11:00 p.m. on the 4th day of July of each year, and limit the use of fireworks from 9:00 a.m. to 11:00 p.m. on July 2nd, 3rd and 4th of each year. Mr. Mansfield explained that this Ordinance had been before the Council at both regularly scheduled meetings and study sessions. Mr. Maxwell moved, seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2206. Vote: Ayes - Rock, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. West End Emergency Access Mr. Jim Pemberton, Director of Engineering Services, in response to a proposal submitted by a member of the community for west end emergency access, recapped the study session input on this issue. The proposal is to open up a one lane, gravel, emergency access road on West 2nd between Baltimore and Erie Avenues. After reviewing the anticipated expense of roadway development, the existing property use and after reviewing Fire October 21, 1991 - continued and Police department comments and the objections of the abutting property owners, Mr. Pemberton suggested that the City continue to investigate other alternatives. Mrs. Ray Robinson, Mr. Dick Sands, Ms. Roxanne Robinson, Mr. Bill Aldrich, Mr. Carl Franz, and Mr: Fred Eisenzimer all spoke against the West 2nd emergency lane development. Mr. Lian suggested, and Councilmembers concurred, that any access issue decision could be better addressed when the city-wide Traffic Study is complete. Resolution - Washington Cities Insurance Authority Mr. Steve Mansfield, City Attorney, reported to Council that the Washington Cities Insurance Authority now includes 80 cities in the insurance pool; the Authority was formed in 1981 with 8 participants. Because of the increased membership, it is difficult to get unanimous approval of any action. The Resolution before Council would amend the Interlocal Agreement by requiring a two-thirds majority vote on any future interlocal changes. Mr. Jackson moved, seconded by Mr. Brown, that a Resolution entitles "A Resolution Authorizing and Directing Approval of an Amended Interlocal Agreement Creating the Washington Cities Insurance Authority" by adopted and given Resolution No. 1184. Vote: Ayes - Brown, Lian, Smith, Maxwell, Jackson, Rock. Motion carried. Resolution - Updating Petty Cash Funds Mr. George Khtaian, Finance Director, presented a Resolution to Council that updates and summarizes all of the City's petty cash funds. Mr. Jackson moved, seconded by Mr. Maxwell, that a Resolution entitled "A Resolution Updating and Codifying Petty Cash Funds and Repealing Resolutions No. 1006 and 1056" by adopted and given Resolution No. 1185. Vote: Ayes - Lian, Smith, Maxwell, Jackson, Rock, Brown. Motion carried. Vietnam Veteran's Memorial at Grandview Cemetery Mr. Steve Colby, Director of Parks and Recreation, presented a request from the Vietnam Veterans of America to construct a memorial at Grandview - Cemetery honoring those who were killed in action in Vietnam. Mr. Colby, Mr. Rowell, Maintenance Supervisor, and Mr. Charles Parkhurst of the veterans group, have met at the proposed location; they have also reviewed th site plan before Council. Mr. Colby stated that there are no current or future grave spaces proposed at the memorial site. Mr. Maxwell moved, seconded by Mrs. Smith, to approve the placement of a Vietnam Veterans memorial at Grandview Cemetery as described in the June 6,.•1991.�memox.ial site plan. Vote: Ayes - Smith, Maxwell, Jackson, Rock, Brown, Lian. Motion carried. Creekside Phase III, Division II Mr. Jim Pemberton, Director of Engineering Services, presented a drawing of Phase III of Division II, Creekside Village. The developer has asked for final approval. Mr. Maxwell so moved, seconded by Mr. Jackson. Vote: Ayes - Maxwell, Jackson, Rock, Brown, Lian, Smith. Motion carried. Mayor Rock announced that an additional Study Session would be held on Monday, October 28th to review garbage rates, recycling program, and an update on "R" Avenue on-ramp. Traffic Signal at Ferry Terminal Road The Mayor and Council reviewed the necessity for a full traffic signal rather than a metering light at Ferry Terminal Road. The Planning Director explained that the Washington State Department of Transportation ferry terminal parking lot conditional use permit was approved with several conditions; one of the conditions calls for intersection and signal improvements as approved by the City Public Works Director. Council directed Mr. Dave Ford, Director of Public Works, to forcefully urge that a fully signalized intersection be in place for next summer. Mr. Doyle Geer invited the Council and staff to attend the Vietnam Veterans of American Memorial groundbreaking on November 11, 1991. At approximately 8:45 p.m. the Mayor announced that this me!e:t�Dg would be continued to Monday, October 28, 1991. Continued meeting of October 21, 1991 on October 28, 1991 Members present: Jackson, Maxwell, Rock, Lian, Smith, Brown 1037 Continued meeting of October 21 on October 28, 1991 - continued The minutes of the October 21st meeting were approved on a motion by Jackson seconded by Maxwell. Vote: Ayes - Jackson, Maxwell, Rock, Lian, Smith, Brown. Motion carried. On the matter of the proposal to locate a Commercial Use in the Residential Medium Density Zone at 10th and K Avenue, the Planning Director reported that he had reviewed this matter with the City Attorney and concluded that there was no way to pursue the request under the present City Zoning Ordinance. Additionally, the Planning Director was concerned that providing a mechanism for this request to be considered would cause many more problems and additional issues to be raised. The Council accepted this report without taking any action. The Council then turned to discussion of closing the southbound lane of Commercial Avenue at 3 p.m. on Friday, November 1, for the Homecoming Parade: Anacortes High School student, Mr. Ed Cortez, presented the school request and volunteered students to flag down and prevent motorists from accessing Commercial from the side streets during the parade. Police Chief Lippe agreed to work with Mr. Cortez and to coordinate the details. It was pointed out that traffic would be able to proceed south along Commercial Avenue once the parade had passed; the parade would go from 4th Street to 22nd Street. This limited closure of Commercial Avenue was approved on a motion by Jackson seconded by Brown. Vote: Ayes - Maxwell, Rock, Lian, Smith, Brown, Jackson. Motion carried. Mr. Mike Foster, City Operations, Superintendent, proposed a modification to the City's secondary sewer plant contract in order to streamline the proposed computer operating system. He reviewed the details with the City Council. After discussion, Mr. Maxwell moved that the City authorize and I & C software budget increase of $15,992 (for a total budget of $35,792) for the Skyline Conveyance Project. This increase is specifically for Task E, Item 5 of Attachment F to Task Order 3 of the contract signed by the City on June 18, 1990 with CH2M. The motion was seconded by Mr. Jackson. Vote: Ayes - Rock, Lian, Smith, Brown, Jackson, Maxwell. Motion carried. The Planning Director then presented a proposal from Fidalgo Bay Partners to continue their lease of the boat ramp at a reduced rate. The Council concurred with staff that this was not an appropriate action. Mr. Bill Mitchell updated the City Council on his progress in getting the State Department of Natural Resources, Ocean Pacific, and other agencies to rethink their position on Curtis Wharf. He reported that based on his conversations there still remains some possibility of saving these historic structures. He asked for and received encouragement for his efforts from the City Council. The meeting adjourned at approximately 8:15 p.m. ° o ge Kht ian, City Clerk -Treasurer. .Doy *Geer, Mayor November 4, 1991 Mayor Pro -Tem Rock called the meeting to order at 7:30 p.m., followed by the Pledge Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Bud Rock, Ken Brown, Helen Smith. Absent: Tom Lian Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Jackson, that the minutes of October 28, 1991 (continued meeting of October 21, 1991) be approved as if read. Vote: Ayes - Jackson, Rock, Brown, Smith, Maxwell. Motion carried. November 4, 1991 - continued Correspondence/Citizen Hearings There was no correspondence. Mr. Ron Zuber, 4212 0 Avenue, expressing frustration with the number of public hearings held on a particular land use issue, called for a review of the Planning Comuiiissii�ii; City Couficil public hearing process. Mr. Ian Munce, Planning Director, commented that the advantage to both the staff and to the public in holding both hearings is the opportunity provided to formulate and refine the issues before coming to the City Council for final review. Ordinance - Vacating a Portion of 30th Street - Hawkings Mr. Steve Mansfield, City Attorney, read by title and Ordinance vacating a portion of 30th Street adjacent to Block 14, and the alley in Block 14, Tuttle and Buckley's Addition to Anacortes. The Ordinance reflects action previously taken by Council on a petition to vacate this right-of-way. Mr. Jackson moved, seconded by Mr. Brown, that the Ordinance be adopted and given Ordinance No. 2207. Vote: Ayes - Rock, Brown, -Smith, -Maxwell, Jackson.; Motion carried.. Ordinance - Wastewater Industrial Code Classifications Mr. George Khtaian, Finance Director, reviewed the procedure used in notifying commercial establishments of the new high strength wastewater rates. Mr. Brown requested that new businesses that tnighe be affected' by these rates be notified of metering and testing procedures before building permits are issued. Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance entitles "An Ordinance Assigning Standard Industrial Code Numbers to Certain Business Activities to Determine Appropriate Classification Under Ordinance 2155 Setting Rates for Wastewater Discharge" be adopted and given Ordinance No. 2208. Vote: Ayes - Brown, Smith, Maxwell, Jackson, Rock. Motion carried. Resolutions (3) Setting -Public"=Heaving''tlate - Street and Alley Vacations Mrs. Smith moved, seconded by Mr. Brown, to adopt three Resolutions setting public hearing dates as follows: Resolution No. 1185, setting December 2, 1991 as the Public Hearing date on a petition to vacate a portion of West 8th Street; Resolution No. 1186, setting December 2, 1991 as the Public Hearing date on a petition to vacate a portion of the east half of alley, Block 11, 1st Plat Ship Harbor; Resolution No. 1187, setting December 2, 1991 as the Public Hearing date on a petition to vacate a portion of west half of alley, Block 11, lst Plat Ship Harbor. Vote: Ayes - Smith, Maxwell, Jackson, Rock, Brown. Motion carried. Public Hearing - Planned Unit Development - Anacortes .Assisted Living Center - 24th & D Avenue - Johnson Mayor Rock opened the Public Hearing to review and take comments on a Planned Unit Development Application submitted by Mr. Steve Johnson to develop a 40 -unit single story residential development (Anacortes Assisted Living Center) at approximately 25th Street and D Avenue. Mr. Ian Munce, Planning Director, explained that the owner of the 17 acre parcel, Mr. Stan Donogh, has already received Council approval for a 37 -unit project at this site (Cranberry Ridge). Mr. Munce further explained that Mr. Johnson's proposal before them in no way alters Mr. Donogh's PUD permit, but is submitted as alternative development plan. The Anacortes Assisted Living Center would have 15# acres of open space; protected wetland areas; the center would provide independent living facilities for senior citizens; parking would be for staff and visitors only. Mr. Munce stated that the Planning Commission voted unanimously to approve the PUD application subject to 12 conditions. Mr. Steve Johnson, discussed the need for this type of facility in Anacortes. Cortlandt Fletcher, 1201 6th Street, encouraged recycling measures be incorporated in the .design of the facility. Mr. John Prosser, 2615 D Avenue, spoke in support of the low visual/traffic impact of the project. Mr. Terry Christiansen, 3302 K Avenue, enthusiastically endorsed the project. Ms. Rhonda Conway asked about the open space easement. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Jackson moved, seconded by Mr. Brown, to approve the Anacortes Assisted Living Center Planned Unit Development proposal 10 3, November 4, 1991 - continued subject to the 12 conditions contained in the "Findings of Fact and Conclusions of Law and Decision Thereon". Vote: Ayes - Smith, Maxwell, Jackson, Rock, Brown. Motion carried. Public Hearing - Conditional Use Applications (2) - Knutson - Wetland Encroachment - Private Street as Access Mayor Rock declared the Public Hearing open to review and take comments on two conditional use applications submitted by Mr. Darryl Knutson to use a private street as access to his proposed 9 lot short plat and to have that street cross a stream through the use of a culvert. The property is located at Whistle. Lake and Haddon Roads and is zoned Residential Medium Density. Mr. Ian Munce, Planning Director, reviewed the history of applicant/neighborhood negotiations that have occurred to date. Mr. Darryl Knutson, 1316 Alaska, stated it is not feasible to develop only four sites on the property as recommended by some of the neighbors; although the property is zoned for the higher density development of his original proposal, Mr. Knutson has proposed the compromise now before Council. Mr. Ron Zuber, 4212 0 Avenue, spoke against the project density and suggested that the site is more appropriate for a transition zone from development to wilderness. Mr. Harold Bean, 4315 Whistle Lake Road, spoke against the proposal. Dr. Ron Pinson, 1128 Whistle Lake Road, stated that his concerns regarding drainage had been addressed by the proposal before Council. Ms. Rhonda Conway, 1117 Whistle Lake Road, spoke against the 9 -lot development and against the development of the road to full standards. Mr. Francis Tongue, 4205 St. Mary's Drive, expressed concern about contaminants entering the drainage system. Mr. Ron Zuber presented an Exhibit showing a site plan for four lots. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell stated that he concurred with Mr. Ross Barnes' determination on the wetland. The Council discussed an October 30, 1991 Memorandum from Mr. Jim Pemberton, Director of Engineering & Development Services, with regard to Street Improvement Standards. Mr. Pemberton is recommending "50 feet of right of way for the roadway, 100 feet of right of way for the cul-de-sac with a 28' wide paved surface on the roadway section and 90 feet paved in the cul-de-sac." As recommended, Mr. Pemberton's proposal would constitute a waiver from the current Street Improvement Standards. Mr. Dave Ford, Director of Public Works, discussed maintenance of paved versus gravel streets, and control of run-off. After discussion, Mrs. Smith moved, seconded by Mr. Maxwell, to approve the Conditional Use Application with regard to the wetland encroachment - crossing the stream through the use of a culvert. Vote: Ayes - Maxwell, Jackson, Rock, Brown, Smith. Motion carried. Taking no action on the Conditional Use application to have a private street as access, Mrs. Smith moved, seconded by Mr. Maxwell, to approve the Street Improvement Standards wiaver as recommended by Mr. Jim Pemberton, Director of Engineering Services. Vote: Ayes - Jackson, Rock, Brown, Smith, Maxwell. Motion carried. Public Hearing - Amend Zoning Code - Single Family Permitted Use in Public Use Zone Mayor Rock opened the Public Hearing to review and take comments on a proposal to amend the Public Zone/Permitted Use Section of the Anacortes Zoning Code by adding single family residence as a permitted use. Mr. Ian Munce, Planning Director, reviewed the Planning Commission recommendation to approve the amendment subject to the conditions that: 1) single family residences shall be a permitted use in the Public Zone if, and only if, all of the zoning standards set out in the requirements for the Low Density Residential Zone are met, otherwise a conditional use permit will still be required; 2) single family units would only be permitted uses on private property that is included within this Public Zone as of the effective date of the amendment. Mrs. Rosemary Young, 1709 12th Street, spoke in favor of the amendment. Mr. John Prosser, 2615 D Avenue, spoke in favor of the amendment. There was no further testimony and the Mayor declared the Public Hearing closed. Mrs. Smith, expressing appreciation for the work done by the Planning Commission, moved, seconded by Mr. Brown, to approve the amendment together with the two conditions recommended 1040 November 4, 1991 - continued by the Planning Commission. Vote: Ayes - Rock, Brown, Smith, Maxwell, Jackson. Motion carried. Sanitary Sewer Utility Extension Application - Kiser Mr. Dave Ford, Director of- Public Works, presented a request from Mr. Mark Kiser to extend sanitary sewer on Fidalgo Avenue from Q Avenue westerly approximately 170 feet. Mr. Brown moved, seconded by Mr. Jackson, to approve the sewer utility extension. Vote: Ayes - Brown, Smith, Maxwell, Jackson, Rock. Motion carried. Acceptance - 4th Street, T Avenue Storm Sewer Project Mr. Dave Ford, Director of Public Works, informed the Council that work on the T Avenue Storm Drainage project, awarded to Lee Johnson & Sons Construction, Inc., has been completed and Mr. Gordon Bruchner, City Engineer, recommends that Council accept the project as complete, starting a 30 -day lien period at the end of which, if no liens have been filed, the retainage be returned to Lee Johnson & Sons. Mr. Brown so moved, seconded by Mr. Jackson. Vote: Ayes - Maxwell, Jackson, Rock, Brown, Smith. Motion carried. Acceptance - Water Pressure Reducing Stations Mr. Dave Ford, Director of Public Works, informed the Council that the water pressure reducing stations at Anaco Beach Road -and -Sun -set and at Oakes and Glasgow Avenues have been constructed. The project was completed by Pacific Western Industrial Maintenance. Mr. Gordon Bruchner, City Engineer, recommends that the Council accept this project as complete and final payment authorized pending publishing of Notice of Completion. Mr. Brown so moved, seconded by Mr. Maxwell. Vote: Ayes - Jackson, Rock, Brown, Smith, Maxwell. Motion carried. Mayor Rock discussed the possibility of increased tipping fees and the need for reviewing garbage rates. Mayor Rock informed the Council that a letter from Allen Construction on garbage rates would be researched. Mayor Rock announced that this meeting would be continued to Wednesday, November 6, 1991 at 7:30 p.m. in order to appoint and interim Mayor until the November 5th election is validated. Continued meeting of November 4 on November 6, 1991 Members present: Maxwell, Jackson, Rock, Brown, Lian, Smith Mayor Pro -Tem Rock opened the continued public meeting. Mr. Maxwell then proposed that Ms. Rosemary Young fill the unexpired term of Councilman Ray Separovich. The motion was seconded by Mr.- Jackson. Vote: Ayes - Rock, Brown, Lian, Smith, Maxwell, Jackson. Motion carried. Councilperson Young was then formally sworn in by the City Attorney. Ms. Young then took her seat on the City Council. Mr. Brown then proposed that Mr. Doyle Geer be appointed Interim Mayor until the 1991 election results were certified. The motion was seconded by Mr. Jackson..; Vote:, Ayes - Brown, Lian, Smith, Maxwell, Jackson, Rock. Motion carried. Mayor Geer was then formally sworn in by the City Attorney. The meeting adjourned at approximately 7:40 p.m. Gefik'ge Khtian,Cit Clerk -Treasurer Do Geer, Mayor 1041 November 18, 1991 Mayor Geer 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, Rosemary Young, Tom Lian, Helen Smith, Bud Rock. Absent: Ken Brown. Mr. Jackson suggested format corrections on page 4 of the November 4th minutes; with those changes made, Mrs. Smith moved, seconded by Mr. Rock, to approve the minutes of November 4, 1991 and minutes of the continued meeting of November 6, 1991. Vote: Ayes - Jackson, Young, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence/Citizen Hearings Mayor Geer read the first letter he received as Mayor; a letter from a 5th grade student, Grant Tarleton, from Baton Rouge, Louisiana asking for information.on Anacortes for a school project. Mrs. Wanda McIntyre, 628 Hillcrest Drive, asked the Council to consider the rezoning of an area south of 37th Street to Fidalgo Avenue and east from Commercial Avenue to Terrace Drive. Mrs. McIntyre submitted a petition requesting the zone change from Residential Medium Density to Residential Low Density; the purpose of the rezone would be to eliminate the development of four-plexes. Council referred this matter to the Planning Commission for study and recommendation. Ordinance - Amending Zoning Code - Single Family as Permitted Use in Public Use Zone Mr. Steve Mansfield, City Attorney, presented an Ordinance to Council reflecting action previously taken to amend the Anacortes Zoning Code to allow single family residences as a permitted use in the Public Use Zone. Mr. Mansfield read the Ordinance by title. Mr. Lian moved, seconded by Mr. Rock to adopt Ordinance No. 2209. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson. Abstain: Young. Motion carried. Warrant Registers, September/October 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, November 18, 1991, the Council by unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: September: payroll warrant numbers 21426 through 21558 and 22501 through 22715 in the total amount of $405,929.62 and claim warrant numbers 24807 through 24948 and 27051 through 27285 in the total amount of $1,859,845.05. October: payroll warrant numbers 22716 through 23054 in the total amount of $316,115.63 and claim warrant numbers 27286 through 27709 in the total amount of $1,577,405.34. Resolution - Authorizing Execution of Easement for Underground Electric System Mr. Dave Ford, Director of Public Works, presented a request for Council approval for the execution of an easement for the main power feed into the secondary sewer treatment plant. Mr. Rock moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Authorizing and Directing the Mayor and City Clerk to Execute and Easement for Underground Electric System" be adopted and given Resolution No. 1188. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Young, Lian. Motion carried. Public Hearing - Amend City of Anacortes Comprehensive Plan - Adopt Comprehensive Water Plan Mayor Geer opened the Public Hearing to review and take comments on a proposed amendment to the Anacortes Comprehensive Plan that would replace the existing 1986 Water Plan with the Comprehensive Water Plan, 1991. Mr. Ian Munce, Planning Director, explained that the City's Comprehensive Plan is currently being updated by the adoption of various comprehensive plans including water, sewer, stormwater, traffic, forest, and park and recreation. Mr. Jim Pemberton, Director of Engineering & Development Services, reviewed the distribution of the draft plan to staff, Departments of Health and Ecology and the Planning Commission for review and comment. Mr. Pemberton stated that the updated plan addresses, in part, population projections, water consumption forecasts, evaluation of current water treatment plant system, water distribution system, 1042 November 18, 1991 - continued updated computer model, and cathodic protection investigation. Mr. Pemberton pointed out that the 17th Street and "B" Avenue 4,000,000 gallon reservoir proposed in the 1986 comp plan has been postponed in the 1991 plan. Mr. Pemberton further explained that the comprehensive water plan shows how the City would service the water service area if requests for water were forthcoming, and those requesting the service would cover the City's costs. Mr. Jackson asked about the comp plan recommendation to develop a brochure describing our water system. Mr. Terry Christiansen, 3302 K Avenue, asked for clarification of the term "wholesale" water user and expressed concern that residential/ commercial rates do not subsidize wholesale/industrial rates. Mrs. Margaret Yeoman, 1620 11th St., inquired about inconsistency in number of services reported, increased meter reading costs, maturity date of bonds, Marine Drive service area. Mr. Pemberton responded to these questions. Mr. Dick Dildine, 1211 6th St., expressed concern that the Comprehensive Plan does not reflect public input. Mr. Ross 0. Barnes, 104 Harbor Lane, discussed the unstable shoreline areas on the west side of the island and the potential for increasing the problem with .extension of water services without benefit of sewer. Mr. Pemberton pointed out that the City has lowered the exemption threshold for SEPA review for waterline extensions in this environmentally sensitive area from 8" in diameter to 4" in diameter. Mr. Munce explained that comprehensive water analysis, including effect on ground water table, would be part on SEPA review in this area. Mr. Pemberton said that the City's SEPA Ordinance can be cross-referenced in the Water Comprehensive Plan. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Jackson moved, seconded by Mr. Lian, to amend the City of Anacortes Comprehensive Land Use Plan by incorporating the Comprehensive Water Plan, 1991. Discussion was held about delaying action until the draft plan is completed. Vote: Ayes - Maxwell, Jackson, Lian, Smith. No - Rock, Young. Motion carried. Public Hearings (2) - Annexations Mayor Geer opened the first of two annexation Public Hearings. The first hearing is to review and take comments on a Letter of Intent submitted by Mamco Manufacturing to annex approximately 17 acres into the City of Anacortes. Mr. Ian Munce, Planning Director, explained that although there are two separate letters of intent to annex and two separate public hearings before Council, there are circumstances and development issues that are applicable to both. The Director explained that neither applicant has submitted a petition to annex and that the hearings now before Planning Commission and Council are being held to determine whether or not it's appropriate to have the applicants go to the expense of detailed environmental review and financial investigation that a formal application would require. Mr. Munce said that the Planning Commission had recommended to deny both proposed annexations and he presented the Commission's five reasons for denial. Mr. Munce compared the City and County zoning requirements. Mr. Skip Fresn, 40 Lake Bellevue, Bellevue, Washington, representing the owner of the property, first corrected the map showing area proposed for annexation. Mr. Fresn described the 4 -unit per acre proposal, utility development and economic benefit to be derived should this area be annexed. The following citizens spoke against the annexation and asked that their comments be adopted by reference in the second annexation hearing. Mrs. Rhonda Conway, 1117 Whistle Lake Road, Ms. Rosann Wuebbles, 1116 0 Avenue, also presented a petition created in response to a 1991 questionnaire .on growth management boundaries; Mr. Elmer Larson, 466 Haddon Road; Mr. Dick Dildine, 1211 6th St.; Mr. Paul Stratton, 426 Haddon Road; Mr. Joe Morgan, 1123 Whistle Lake Road; Mr. Hal Dahl, 618 St. Mary's Drive; Mr. Ross 0. Barnes, 104 Harbor Lane; Mr. Terry Christianson, 3302 K Avenue; Mr. Ron Zuber, 4212 0 Avenue; Mr. Keith Rubin, 1109 0 Avenue; Ms. Debbie Martin, 434 Dow Lane; Mr. Bill Boerner, 434 Haddon Road; Mr. Harold Bean, 4315 Whistle Lake Road. 1043 November 18, 1991 - continued Mr. Bill Stitt, 4105 Mitchell Drive, had no objections to annexation, but requested traffic/sewer issues be resolved before annexations occur. Mr. Richard Stockwell, 1664 Reef Pt. Lane, LaConner, adjacent property owner, expressed concern that without any opportunity to expand, the property values will continue to increase beyond the citizens' ability to pay. Mr. Sam Jacquet, 3901 2nd Avenue N.E., Seattle, spoke on behalf of the ownership coop, an employee profit sharing plan of Mamco Manufacturing, and spoke in favor of the annexation. Mr. John Roney, 1309 6th St., objected to staff time devoted to small annexation proposals. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell moved, seconded by Mr. Jackson, to deny the Mamco Manufacturing annexation proposal. Vote: Ayes - Maxwell, Jackson, Young, Lian, Smith, Rock. Motion carried. Mayor Geer opened the second annexation public hearing to take comments on a Letter of Intent to annex submitted by Allen C. Carmichael to annex a 7 -acre parcel north of Haddon Road. The Planning Director recommended that the comments from the previous hearing be incorporated by reference into this hearing. Mr. Allen Carmichael, 430 Haddon Road, explained that a recently approved 6 -lot short plat inside the City limits is directly across the street from his property; his property is close to City utilities. Mr. Carnmichael objected to having his project compared to and conducted with Mamco Manufacturing proposal; he proposal will have lots of 1/3 of an acra or more. Mrs. Mildred Stratton, 426 Haddon road, objected to the annexation. Mr. Ron Zuber, 4212 0 Avenue, inquired about a County plat adjacent to the Carmichael property. There were no further comments and ,the Mayor declared the Public Hearing closed. Mr. Maxwell moved, seconded by Mr. Rock, to deny the Carnichael annexation proposal. Vote: Ayes - Jackson, Young, Lian, Smith, Rock, Maxwell. Motion carried. The Planning Director recommended that based on the public hearing input, the area on the southeast side of the City limits, from the Whistle Lake area to the forestlands should be excluded from the Growth Management Boundary. Curtis Wharf Update Mr. Ian Munce, Planning Director, gave a status report on the proposed demolition of Curtis Wharf. He reviewed correspondence from the Department of Community Development asking the City to intervene in the demolition of the Curtis Wharf. The demolition is a Department of Natural Resources action, requiring that the owners either fix up the dock or tear it down. An enforcement order has been issued on this matter. The DNR has taken the position that any renovation would be for water -dependent use only. Mr. Bill Mitchell, 807 27th St., expressed frustration in what he perceives to be a lack of interest from the City and Port in preserving the historical sites of Anacortes. Mr. Mitchell has been researching the economic incentives available to preserve and enhance these buildings. Mr. Dildine, 1211 6th St., inquired about the unusually high sale price placed on the Curtis Wharf facility. Mayor Geer thanked Mr. Mitchell for all of his efforts in this matter. In the interest of saving this historic property, Mr. Jackson moved, seconded by Mrs. Young, that the City ask the Port to consider making a reasonable offer on the purchase of the Curtis Wharf property. Vote: Ayes - Young, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Utility Extension Request Mr. Jim Pemberton, Director of Engineering & Development Services, presented a request from Mr. Rick Berends, 4027 M Avenue, to extend both water and sewer services to a vacant lot located on "N" Avenue. Mr. Berends has agreed to construct the utilities to the City's specifications. Mr. Pemberton stated that Mr. Berends will also need to install a fire hydrant at the intersection of "M" Avenue and King Street. Mr. Lian moved, seconded by Mr. Maxwell, to approve the utility extension request. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Young. Motion carried. 1®44 November 18, 1991 - continued Award of Fencing Contract - Water Treatment Plant Mr. Dave Ford, Director of Public Works, reviewed the bids received for the installation of a security fence for the Anacortes Water Treatment Plant. The low bidder is Guyline Construction at $74,884.50. Public Works recommends that the bid be awarded to Guyline. Mr. Jackson moved, seconded by Mrs. Smith, that the bid for a security fence be awarded to GUyline Construction, Burlington, in the amount of $74,884.50. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Young, Lian. Motion carried. Resolution - Setting Public Hearing Date - Vacation Mrs. Smith moved, seconded by Mr. Rock, that a Resolution setting December 16, 1991 as the Public Hearing date on a petition to vacate certain rights of way in the 1st Plat of Ships Harbor Addition, be adopted and given Resolution No. 1189. Vote: Ayes - Rock, Maxwell, Jackson, Young, Lian, Smith. Motion carried. Executive Session - Labor Negotiations At approximately 10:00 p.m., the Mayor announced that the Council would convene in executive session to discuss labor negotiations. At 10:30 p.m., the Council reconvened and without taking any further action, the meeting was adjourned. G e KXit&an,rk- aleTreasurer December 2, 1991 4J, Z .A, Doy1 ,E. Geer, Mayor Members present: Councilmembers Young, Jackson, Maxwell, Rock, Lian, Smith, and Brown. The minutes of the November 18, 1991 meeting were approved on a motion by Councilman Jackson, seconded by Councilman Maxwell. Vote: Ayes - Young, Jackson, Maxwell, Rock, Lian, Smith, Brown. Motion carried. Correspondence: Mayor Geer reported that he had received quite a bit of communication from residents regarding the recent utility bill increases. He pointed out that the shift from primary to secondary sewage treatment had been mandated by the Federal Government and urged residents to contact their federal as well as their local representatives. Citizen Hearings: Ms. Denise Crow presented a position statement on "the Old City Dump" at 38th and "A"; the original of this statement is on file in the City Public Works Department. In summary, the statement expressed the Friends of the Forest concern that the storage of gasoline contaminated soils was causing major environmental problems in the City forestlands. Additionally, the group protested the use of the Old City Dump for compost activity and for disposal of construction debris. It is the Friends of the Forest's position that state laws on toxins and solid wastes are not being adheared to by the City. The group requested that the City take short term action to contain runoff from the site, commit to moving the contaminated soil to a different permanent site, and phase out all public works use of the Old City Dump site. Mr. Ford responded to the issues raised concluding by stating that in his opinion the City had followed all proper procedures. Mr. Courtland Fletcher countered that in his opinion the City is in violation of state solid waste laws. Additionally, he stated that the City was not following its own forest management plan. He concluded by stating that he was opposed to the past and present use of the site as a dump site and urged that a written plan be developed to manage the currentuse of the site and to begin the restoration of the area to forestland uses. Mayor Geer stated that he strongly supports the Community Forestlands and committed that the City would continue to follow the Anacortes Community Forestlands Plan. 1045 December 2, 1991 - continued Old Business: The City Council adopted Ordinance No. 2210 amending the City's Compreshensive Plan by incorporating "the Comprehensive Water Plan, 1991" on a motion by Councilwoman Smith, seconded by Councilman Jackson. Vote: Ayes - Jackson, Maxwell, Rock, Lian, Smith, Brown, Young. Motion carried. New Business: Mayor Geer opened a public hearing on the proposed 1992 Budget. The City Finance Director, Mr. George Khtaian, stated that Councilmembers, City staff, and the public had to date conducted eith public hearings on this budget. There was no further testimony submitted at this ninth and final public hearing. Mayor Geer closed the public hearing. Councilman Jackson observed that significant effort had gone into the budget from all those participating and that significant reductions had been made. He then went on to move that Ordinance No. 2211, adopting the 1992 Budget, be adopted. The motion was seconded by Councilwoman Smith. Vote: Ayes - Maxwell, Rock, Lian, Smith, Brown, Young, Jackson. Motion carried. Mr. George Khtaian, City Finance Director, then requested formal action from the City Council delaying implementation of City Ordinance No. 2208, regarding high strength sewage rates. Mr. Khtaian reported that City staff had had meetings with the restaurants affected by this proposed ordinance and that after consideration the City had decided: to install inspection manholes, do more testing, and come back with a revised proposal. Mr. Dildine commented that even at the end of this initial testing period there will be a need for ongoing monitoring and adjustments. Councilman Brown then moved that the City Council delay implementation of Ordinance No. 2208. The motion was seconded by Councilman Maxwell. Councilwoman Smith then moved to amend this motion by adding the words "for four months". This amendment was seconded by Councilman Rock. Vote:, Ayes - Rock, Lian, Smith, Brown, Young, Jackson, Maxwell. Motion passed. Mayor Geer then called for a vote on the original motion as amended. Vote: Ayes - Lian, Smith, Brown, Young, Jackson, Maxwell, Rock. Motion carried. Mayor Geer then opened a public hearing on alley vacation petitions submitted by Erlich & Huff. The Planning Director, Mr. Ian Munce, described the location of this alley in the Shannon Point area. He added that there were no objections from City staff and that the Board of Adjustment had held a public hearing on this matter after notifying all neighbors within 300 feet. Based on this input, the Board of Adjustment was recommending approval of both these petitions. There was no public testimony. The public hearing was closed. Councilman Maxwell then moved that the alley petition submitted by Mr. Erlich be.. approved as submitted. The motion was seconded by Councilman Jackson: Vote: Ayes - Smith, Brown, Young, Jackson, Maxwell, Rock, Lian. Motion carried. Councilman Jackson then moved that the vacation petition by Mr. Huff be approved as presented. The motion was seconded by Councilman Brown. Vote: Ayes - Brown, Young, Jackson, Maxwell, Rock, Lian, Smith. Motion carried. Mayor Geer then opened a public hearing on a proposed alley vacation submitted by Mr. Olson. He then recommended to the City Council that this public Hearing be continued toDecember 16, 1991 in order to allow the Board of Adjustment additional time for their review. Councilman Lian so moved. The motion was seconded by Councilman Brown. Vote: Ayes - Young, Jackson, Maxwell, Rock, Lian, Smith, Brown. Motion carried. The City Planning Director, Mr. Ian Munce, then described a proposal by Mr. Steve Johnson to amend a condition in his preliminary planned unit development by substituting a land exchange for a cash payment. There was considerable informal discussion of this issue. Councilman Maxwell then moved that this issue be referred to the Planning Commission. The motion was seconded by Councilman Lian. Vote: Ayes - Jackson, Maxwell, Lian, Young. Nays - Brown, Smith, Rock. Motion carried and was referred to the Planning Commission for a recommendation. Mr. Steve Mansfield, City Attorney, then recommended a trade of City lands to Mr. John Miller in exchange for an easement for a City water line from Mr. Miller. Councilman Rock moved that Resolution No. 1190 1®46 December 2, 1991 - continued be adopted. The motion was seconded by Councilman Lian. Vote: Ayes - Maxwell, Lian, Young, Brown, Smith, Rock, Jackson. Motion carried. Finally, Mr. Jim Pemberton, City Director of Engineering & Development Services, requested that the Council authorize the extension of a 2 -inch water line to Mr. Munk's property on Marches Point with the City Director of Engineering & Development Services authorized to negotiate and decide the final details. Councilwoman Smith moved that the Council authorize this action. The motion was seconded by Councilman Rock. Vote: Ayes - Lian, Young, Brown, Smith, Rock, Jackson, Maxwell. Motion carried. The meeting adjourned at approximately 9 p.m. rge K aian, Cif Clerk -Treasurer Doy E. Geer,'Par' December 16, 1991 Mayor Geer 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, Rosemary Young, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Rock, that the minutes of December 2, 1991 be approved as if read: Vote: Ayes - Jackson, Young, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Swearing in Ceremony - Reserve Officers Police Chief Lippe described the extensive training and dedication required to complete the state certification program for reserve officers. Mr. Steve Mansfield, City Attorney, swore in three new reserve officers, Mr. Michael Hubbard, Mr. Steven Peterson and Mr. Charles Evans. Correspondence Mayor Geer read a letter from the Anacortes Sister City representative for Lomonosov, Russia. This letter described the recent coup and political confusion in the Soviet Union, but the letter expressed great hope for the future, including the benefits to be derived from the exhange between citizens of Lomonsov and Anacortes. Citizen Hearings No citizens present asked to testify on items not on the agenda. R.W. Beck - Supplemental Agreement - Young Road Water Line Mr. Rock moved, seconded by Mrs. Young, to deny the supplemental agreement for the Young Road water line. Vote: Ayes - Young, Lian, Rock. No - Brown, Smith, Maxwell, Jackson. Motion failed. Mr. Rock spoke out against the high costs for this project. Mrs. Young said that the contractor should be held responsible for the cost overrun. Mr. Maxwell encouraged the City to clarify its bid/estimate contract procedures. Mr. Jackson moved, seconded by Mr. Maxwell, to approved the supplemental agreement. Mr. Brown stated that, while tighter controls may be needed in the future, the City's current obligation is to pay for the work done by R.W. Beck. Mayor Geer expressed concern for potential costs to the City incurred by contractors bidding low on a project to be followed by the submission of change orders during project development. Mayor Geer further stated that some vehicle should be made available for an engineer to ask for damage recovery from a contractor. Mrs. Smith said that in this case, she did not want the engineering firms to be penalized for the contractor's errors. Mr. Rock moved, seconded by Mrs. Young, that the matter be tabled to the first meeting in January. Vote: Ayes - Rock, Young. No - Brown, Lian, Smith, Maxwell, Jackson. Motion failed. The roll was then called on Mr. Jackson's motion to approve the supplemental agreement. Vote: Ayes - Smith, Maxwell, Jackson, Brown. No - Lian, Rock, Young. Motion carried. 1047 December 16, 1991 - continued Continued Public Hearing - Vacation - West 8th - Olson Mayor Geer announced that the continued Public Hearing on a petition to vacate a portion of West 8th Street has been cancelled. Public Hearing - Petition to Vacate - Rosenberg - 1st Plat to Ships Harbor Mayor Geer opened the Public Hearing on a Petition to Vacate submitted by Donald Rosenberg, Jack Spaulding and C.L. Heckard. They have petitioned the Council to vacate the west half of the alley abutting Lots 9 and 10, Block 10 and the northerly 15' of D Street; the west half of the alley abutting Lots 1 and 2 and 15 and 16, Block 15 and the southerly 15' of D Street abutting Lot 16; all in the 1st Plat of Ships Harbor. Ms. Kathy Janke, Land Use Permit Manager, presented an overhead display; explained that the Public Hearing had been duly set by Resolution; that the Board of Adjustment had recommended approval; and that there were no objections from staff or neighbors. Mr. Donald Rosenberg, 2713 Morton Avenue, spoke in favor of the Petition. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Lian moved, seconded by Mrs. Smith, to approve the request to vacate rights of way in the 1st Plat to Ships Harbor. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Young, Brown, Lian. Motion carried. Authorization to Repeal Ordinances for Streets and Alleys that Have Not Been Finalized Mrs. Smith moved, seconded by Mr. Rock, to authorize the City Attorney, Mr. Steve Mansfield, to prepare and Ordinance repealing an Ordinance vacating Tract A in Division 5, Skyline and an Ordinance vacating a portion of 30th Street, Kellogg & Ford's Addition. Mr. Mansfield said that he had been advised that the petitioners no longer wish to proceed with their vacation requests. Vote: Ayes - Rock, Maxwell, Jackson, Young, Brown, Lian, Smith. Motion carried. Surplus Equipment - Sweeper Hood Mr. Dave Ford, Director of Public Works, requested that Council declare a sweeper hood surplus equipment. Mr. Ford explained that this sweeper hood does not fit the new street sweeper and that a buyer is willing to purchase the hood. Mr. Jackson moved, seconded by Mr. Lian, that the equipment be declared surplus. Vote: Ayes - Maxwell, Jackson, Young, Brown, Lian, Smith, Rock. Motion carried. A Avenue Latecomer Agreement - Woolworth Development, Inc. Mr. Jim Pemberton, Director of Engineering and Development Services, informed the Council that in May of 1990, Mr. Ron Woolworth made application to attach a latecomers agreement to a sanitary sewer constructed on A Avenue between 37th Street and what was then the south corporate City limits. The utility was installed to serve the Parkside subdivision that was subsequently annexed into the City. Mr. Pemberton presented the staff recommendations to approve the request. Additionally, Mr. Pemberton reviewed the background of the construction project and the complexity of making equitable assessments against abutting properties. The Director further reported on comments received in response to a mailing to affected property owners. Mr. Pemberton recommended that the latecomer fee be applicable only to property directly benefiting from the Woolworth extension; to exclude property owners who have installed parallel lines and therefore do not benefit from the Woolworth extension; to exclude Mr. Jerry McCormack based on a claim of lack of adequate notice. In discussing the recently adopted Ordinance with regard to latecomer agreements, Mr. Pemberton suggested that the fee structure be re-evaluated. After discussion, Mr. Lian moved, seconded by Mrs. Smith, to approve the latecomers agreement subject to recommendations made by the Department of Engineering and Development Services. Mr. Don Semrau, representing Mr. Woolworth, spoke in support of the latecomers agreement and discussed the benefit of being assessed at 1989 costs, the exclusion of the City property, and that some excluded property owners have benefited from 4 crossings installed by the Woolworth project. Mr. John Prosser asked for clarification on the motion and suggested that some of the excluded lots be included in the latecomers agreement. Vote: Ayes - Jackson, Young, Brown, Lian, Smith, Rock, Maxwell. Motion carried. December 16, 1991 - continued Completion of Public Works Contract - Sunset Avenue and Q Avenue Overlay Mr. Gordon Bruckner, City Engineer, reported to Council that work on both of these projects has been completed in accord with the requirements of the plans and specifications. Mr. Bruchner reviewed the project costs with Council. Mr. Maxwell discussed DOT participation in the Ferry Terminal Road pavement costs. Mr. Brown moved, seconded by Mr. Jackson, to accept both projects as complete. Vote: Ayes - Young, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinances (3) 1992 Tax Levy, 1991 Budget Amendments, 1991 Year -End Cash Transfers Mr. George Khtaian, Director of Finance, presented an Ordinance levying a tax upon real and personal property for municipal purposes for the year 1992. Mr. Khtaian reviewed the current levy information. Mrs. Smith moved, seconded by Mr. Brown, that the Ordinance be adopted and given Ordinance No. 2212. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Young. Motion carried. Mr. Khtaian then presented the second Ordinance for Council review - a n Ordinance amending Ordinance #2167 adopting the budget and salary schedule for all municipal purposes and uses for the year 1991. Mr. Khtaian then reviewed the various fund expenditures and revenues. Mr. Brown moved, seconded by Mr. Jackson, that the Ordinance be adopted and given Ordinance No. 2213. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Young, Brown. Motion carried. Mr. Khtaian explained that the third Ordinance before Council requests approval of various 1991 year-end cash adjustment transfers between City funds. Mr. Jackson moved, seconded by Mrs. Smith, that the Ordinance be adopted and given Ordinance No. 2214. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Young, Brown, Lian. Motion carried. Ordinance - Vacating Certain Rights of Way - Peter's First Addition Mr. Steve Mansfield, City Attorney, presented an Ordinance to Council that would officially vacate certain streets in the previously approved replat of a portion of Peter's First Addition to the City of Anacortes. Mr. Mansfield explained that this action would complete the replat process. Mr. Jackson moved, seconded by Mr. Rock, that the Ordinance be adopted and given Ordinance No. 2215. Vote: Ayes - Rock, Maxwell, Jackson, Young, Brown, Lian, Smith. Motion carried. Farewell to Councilman Maxwell Mayor Geer announced that this would be the last Council meeting for Mr. Dean Maxwell, completing his term in office. Mayor Geer expressed appreciation for Mr. Maxwell's time, energy and enthusiasm exhibited by Mr. Maxwell in his service to the City of Anacortes. There was a standing ovation from the audience, staff and Council. Mr. Maxwell thanked all those who helped him, stating that it had been his honor to serve the City. There being no further business, the meeting was adjourned at approximately 8:40 p.m. Ge e Khtdian, City lerk-Treasurer Doyl Geer, Rayor..