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HomeMy WebLinkAbout1980 City Council Minutes321 December 17, 1979 -- ---------Continued RESOLUTION URGING CITIZENS TO CONSERVE ELECTRICITY Mayor Figenshow then asked Attorney Mansfield to read in its entirety a resolution urging the citizens of Anacortes to conserve electricity when- ever possible due to the situation in the State where supplies of electricity appear to be inadequate to properly meet the needs of all the citizens Motion by Mr Kiel seconded by Mr Sloss that this resolution be adopted and given RESOLUTION NO 574 Vote Ayes --Rice, Separovich, Figenshow, Sloss, tKiel, Rock Notion carried There was some discussion of the drainage problems facing the City crews due to the recent heavy rains and then Mayor Figenshow asked the Council members to stay for a brief executive session concerning property values There being no further business to cane before the Council, meeting adjourned at930pm Ida 1ph, tiv�! Secretary K S Vlig4, Mayor January 7, 1980 Meeting called to order at 7 30 p m by Mayor Figenshow Invocation was rendered by Reverend Jim Kirby of the Southside Christian Church Roll call found present Bud Rock, Ray Separovich, Knute Figenshow, Ken Moore, and Charles Kiel Karolyn Kribs was excused ET =ON OF OFFICERS Ray Separovich said he had been asked by the absent Karolyn Kribs to request that this item be deferred to a later meeting if possible Attorney Mansfield said it would be possible Ken Moore also said he would like to see it de- ferred because of the absence of Mrs Kribs Charles Kiel nominated Knute Figenshow, as Mayor for the next two years Seconded by Mr Rock Vote Ayes Rock, Figenshow, Kiel No—Separovich, More Motion failed for lack of total of 4 votes yes or no MINUTES OF PREVIOUS MEETING Motion by Mr Rock, seconded by Mr Separovich, that the minutes of the previous meeting held on December 17, 1979 be approved as if read Vote Ayes--Separovich, Figenshow, Moore, Kiel, Rock Motion carried CORRESPONDENCE - CITIZEN HEARINGS There was no correspondence and no one from the audience asked for hearing OLD BUSINESS - CONDITIONAL USE PERMIT APPLICATION, Jack Hinshaw Ken Kinzel, Planning and Community Development Director, advised Council that Mr Hinshaw had requested his application be placed on the agenda for this meeting, but since Mr Hinshaw was not present, motion by Mr Rock, seconded by Mr Moore that consideration of this application be deferred for two weeks Vote Ayes--Figenshow, Moore, Kiel, Rock, Separovich Motion carried V4•+4 January 7, 1980 -------------------Continued V.11 V ;Lei 4P6uID►04_ Mayor Figenshow stated he had received request to appoint a replacement to the position vacated on the Housing Authority by the death of Mr Van Horn The Housing Authority suggests Mr Nick Petrish for thus position Also, the Housing Authority requests that June Gates, who's term ends January 1, 1980, be re -appointed for another 5 year term Motion by Mr Separovich, seconded by Mr Kiel, that both of these appointments be made as recommended Vote Ayes --Moore, Kiel, Rock, Separovich, Figenshow Motion carried The terns of Bertha Salmon on the Library Board also expired 1/1/80 The Library Board recommends that she be re -appointed for another 5 year term Motion by Mr Kiel, seconded by Mr Rock that the appointment be made as re- CMVended Vote Ayes --Kiel, Rock, Separovich, Figenshow, Moore Motion carried REQUEST TO CALL FOR BIDS - Police Chief, Tony Lippe, requested permission to call for bids for a new police car as allowed in the 1980 budget Motion by Mr Kiel, seconded by Mr Rock, that permission be granted Vote Ayes -- Rock, Separovich, Figenshow, Moore, Kiel Motion carried LID BOND ISSUE (LIDs 184-186-188) George Khtaian, Finance Director, presented an orduzance prepared by the City's bonding attorneys which will formalize the percentage rate and authorize the issuance of the bonds for the payment of LIDS 184, 186 and 188 in one issue of $405,000 total The bonds will be sold to Foster and Marshall as previously authorized Attorney Stephen Mansfield read the proposed ordmiance, by title "An Ordinance establishing Consolidated Local Improvement District No 184 et al and "Consolidated Local Improvement Fund, District No 184 et al", fixing the amount, form, date, interest rate, maturity and denominations of the Consolidated Local Improvement District No 184 et al Bonds, and confirm- ing the sale and directing the issuance and delivery thereof to Foster & Marshall Inc , Seattle, Washington " Notion by Mr Separovich, seconded by Mr Kiel, that the ordinance be passed and approved and given ORDINANCE NO 1809 Vote Ayes--Separovich, Figenshow, Moore, Kiel, Rock Motion carried OPTIONAL AGREIIENT WITH W C ROCKWELL Public Works Director, David M Ford, Jr , stated that the City has negotiated a final purchase price agreement with Mr & Mrs W C Rockwell for a portion of their property to be used as a west end road right-of-way These property owners asked for an optional agreement to allow them to re -purchase the land if the City did not continue with the acquisition of other right-of-ways or were not able to acquire them within a period of two years Mr Ford said this was a reasonable request and recommended allowing this optional agreement as well as the purchase of the property being approved Attorney Mansfield read, by title, the proposed Resolution allowing this optional a1j�C.CA«1t with Mr & Mrs Rockwell Notion by Mr Rock, seconded by Mr Separovich, that the Resolution be adopted and given RESOLUTION NO 575 Under discussion, Mr Moore asked if it would be mandatory that the Rockwells re -purchase the property if the City failed in their pr03ect and Mr Mansfield explained to hum that it would not be mandatory that they do so, but would only give them the right to do so Vote Ayes--Figenshow, Moore, Kiel, Rock, Separovich Notion carried OPTIONAL AC31UM LU WITH K D KRIBS Mr Ford advised the Council that this was a second final purchase negotiated with property owners for land to be used as a West end road right-of-way These property owners also wished the right to re -purchase the land in the event the City was not able to follow through with the project within two years Mr Ford also noted that the agreement with Mr & Mrs Kribs was actually agreed to about two months ago Motion by Mr Separovich, seconded by Mr Rock that the proposed resolution (read by Mr Mansfield by title) be 1 1 323 January 7, 1980 -----------------Continued adopted and given RESOLUTION NO 576 Vote Ayes—Moore, Kiel, Rack, Separovich, Figenshow, Motion carried JIM RICE DAY Councilman Kiel read in full a proposed resolution authorizing the naming of Friday, January 18, 1980, as Jim Rice Day to honor and thank Mr Rice for his long and excellent work on behalf of the community as a Councilman and Mayor Mr Kiel then moved that the resolution be adopted and given RESOLUTION NO 577 Motion seconded by Mr Separovich Vote Ayes --Kiel, Rock, Separovich, Figenshow, Moore Motion carried It was noted then, that Mr Hinshaw was in the audience Notion by Mr Rack, seconded by Mr Separovich, that the Council re -consider the item of Mr Hinshaw's application for a conditional use permit Vote Ayes --Rock, Separovich, Figenshow, Moore, Kiel Motion carried APPLICATION FOR CONDITIONAL USE PERMIT - JACK HINSHAW Mr Kinzel showed a view foil of a condominium development proposed by Mr Hinshaw in the Ship -Harbor area which is a C m excial Marine zone In order to construct such a development, a conditional use permit would be necessary Mr Hinshaw's application was approved by the Planning Commission with no conditions attached Subsequent discussions between City staff and Mr Hinshaw resulted in a list of items which, if Council desires, could be attached to the permit if granted For the benefit of Councilman Moore, Mr Olander explained the reasons a conditional use permit is required in the zoning code Mr Kinzel then reviewed, item by item, the proposed con- ditions which could be attached to a conditional use permit These items included common open space, the density, height of buildings, maintenance covenants, vehicle access, parking, the restaurant site, setbacks, use of right-of-way for parking, land coverage, landscaping, water, sanitary sewer, storm sewer, recreation facilities, internal pathways and the termination of the permit and well as a site plan There then ensued a lengthy discussion with Mr Hinshaw about the area to be involved in his proposed project as well as many of the aforementioned items Mr Dildine voiced the opinion that City staff or the Planning Commission should iron out such problems before such proposals are brought to the City Council and that it seemed to him the City's Comprehensive Plan was being ignored There was also dis- cussion about Mr Hinshaw's proposed development of the northwestern most corner of his land which Mr Hinshaw described as a multi-purpose facility to house a tavern, a cafe, a retail store and gift shop It was brought out that Mr Hinshaw is hoping to interest other property owners in the area in the development of the necessary utilities for the area Mr Hinshaw stressed that whatever was done, it would be done in accordance with all City requirements and regulations After additional discussion about the density and the necessity of a legal description indicating the exact land size, several Councilmen indicated they would like the matter delayed until it could be discussed further at a study session Mr Hinshaw had no objections and Mayor Figenshow declared the matter would be included in the agenda of a study session 3 weeks hence, on January 28, 1980 EXFJCCFI'IVE SESSION Mayor Figenshow then asked the Council to remain for an Executive Session to discuss the appointment of a person to fill the vacancy on the Council created by Mr Miller's leaving Meeting adjourned at 8 50 p m Ida 1ph, EexeZtlyb Secretary K 3 'Fi ow, Mayor January 21, 1980 Meeting called to order at 7 30 p m by Mayor Knute Figenshow Rall call found present Bud Rack, Karolyn Kribs, Ray Separovich, Knute Figenshow, Charles Kiel, Ken Moore MIlV[JTF,S OF PREVIOUS MEETING Motion by Mr Rock, seconded by Mr Separovich, that the minutes of the previous meeting held January 7, 1980 be approved as if read Question by Mr Moore about Mr Kirby being the Pastor of the Southside Christian Church Secretary referred to her Church Roster and confirmed that this was correct Vote Ayes -- Rock, Kribs, Separovich, Figenshow, Kiel, Moore Motion carried Mayor Figenshow read a letter from Arthur J Kager inquiring about obtaining a permit to cut the fallen fir trees and dawn timber from City land around Heart Dake Mr Kager wished the wood for fireplace wood and stated he would not sell the wood and would pile the brush and be careful Mayor Figenshow commented that the City was presently working to develop a forest management plan and said he was of the opinion that no one should be allowed to cut wood on City property at the present time Mr Separovich said he agreed Mr Kiel then moved that the individual who had been given permission previously be asked to cease doing so and that the City take measures to enforce the prevention of cutting until such time as the City can adopt their forestry plan Seconded by Mr Rock Vote Ayes --Krebs, Separovich, Figenshow, Kiel, Moore, Rock Motion carried Mr Olander was directed to contact the party who had been given permission previously and explain the City's reasons for revoking its permit Mr Olander then read aloud a letter Mr and Mrs Harold Rossiter of Guemes Island conmendung the City for the improvement to the street and sidewalks on CL.,..=.jL"al Avenue CITIZEN HEARINGS Mayor Figenshow invited anyone from the audience to speak on any subject not appearing on the agenda and Mr Bob Rose presented a booklet to the Council containing all the resolutions of the City and the County, letters, etc regard- ing the Heart Lake project Mr Rose reported that it appeared from the hearings in Olympia that the State would develop the area around Heart Lake into a State Park, the State Land Commissioner, Mr Cole, endorsedlthe project, etc Mr Rose also advised the Council that a clean-up party hauled out 3 pick-up loads of trash and garbage fran the area during the course of one day and saw where two trees had been recently cut dawn and hauled away He suggestedlCity put barriers across roads to prevent people frau using the area as a private dump Park Director Colby said the City had cleaned it out previously, put up cables etc all to no avail, that the only way would be to put up a permanent structure Mr Ford said the same problem existed in the Whistle Lake area and'the City would have to go to extremes to block off the area - also the same at thelold garbage dump location Mr Rose said a firm City policy is what is needed to,prevent this vandalism and the cutting of trees on City L,lypr,ty Mr Rock suggested posting should be done to warn people of the penalties and Mr Olander ccammented that the forest plan could very well come up with a plan where people could legally cut wood un a re- gulated fashion Mr Dildine said he felt the City should not put any more roads into these areas thaft is absolutely necessary and that people who do dump their garbage and otherwise vandalize the areas almost always leave their own identi- fication if the City would look for it Mr Kiel said the person who had been given permission some time ago did ask for it and did do a good fob as he had promised the City he would do NOMINATIONS FOR MAYOR AMID MAYOR PRO-TEK Mrs Kribs nominated Ray Sepazxmch for Mayor Mr Moore seconded the noaYunation Vote Ayes—Separovich, Moore, Kribs No--Figenshow, Kiel, Rock Motion failed Mr Kiel then nominated Mr Figenshow for Mayor and Mr Separovich for Mayor Pro -ten 325 January 21, 1980 --- -----Continued Seconded by Mr Rack Vote Ayes --Kiel, Rock, Figenshow No --Moore, Krebs, Separovich Motion failed Mayor Figenshow suggested Councilman Moore and Councilman Rock as a Legislative Committee to review and work on legislative matters Motion by Mr Kiel, seconded by Mr Separovich that they be so named Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried Mr Olander asked if the Council wished to receive copies of the Association of Washington City bulletins and was advised that they would NEW BUSINESS PUBLIC HEARING ON REQUEST FOR VACATION - STITTWOOD Mayor Figenshow briefly outlined the procedure for the public hearing and then declared a Public Hearing open to consider an application by Mr Stitt to vacate the lot lines in Phase 3 of his Planned Unit Development which had been approved by the Council several years ago Mr Ken Kinzel, Community Development Director, showed view foils indicating the original lot lines and advised that Mr Stitt was requesting an ad3ustment and relocation of the lot lines No other conditions of the PUD would be effected Mr Kinzel said the Planning C=mission had con- sidered the vacation request and had held a public hearing on the proposed re -plat No adverse comments had been received and the Planning ConmiSSlon 1=1_�L.«.9ded the change be granted Mr Kinzel also said the City staff recmmiended approval of the vacation and approval of the replat The purpose of the re -plat was to gain and utilize a better view of Mt Baker Mayor Figenshow then asked Mr Stitt if he had any and Mr Stitt pointed out that the proposal would be a decrease in density for the area in question and will actually increase the size of the lots so they can be used either for single family residences or duplexes There being no further comments from the audience, Mr Figenshow, declared the public hearing to be closed Mr Separovich then moved that the vacation be granted as requested Seconded by Mr Rock Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried PUBLIC HEARING ON AMENDMENT TO PUD - STIT WOOD Mayor Figenshow declared a Public Hearing open to consider the proposed amendment to the lot lines in Phase 3 of the Stittwood Planned Unit Development There was no additional discussion on the proposal and Mr Figenshow declared the public hearing closed Mr Separovich then moved that the amendment and re -plat proposal be approved Seconded by Mr Kiel Vote Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Kiel Motion carried 1980 MSHING1ON PARK FEES Parks Director, Steve Colby, presented the proposed fees to be charged at - Washington Park during 1980 These proposed fees had previously been studied by the Council at study sessions and a resolution adopting same was presented for their consideration Motion by Mr Kiel that the 1980 Washington Park fee schedule be set in the amounts as specified and RESOUMON NO 578 be adopted as read Seconded by Mrs Kribs Mr Moore questioned the fees for camping charged to local residents and then moved to amend the original motion to the effect that the fee for camping for residents be raised not more than $ 50 Seconded by Mr Separovich Vote on the amendment Ayes --Rock, Kribs, Separovich, Figenshow, Kiel, Moore Amendment passed Mr Moore then moved for another amendment to the original motion to the effect that the time span for off-season rates be changed from October 1st -- March 31st to November 1st -- March 31st This amendment died for lack of a second Vote on the original motion Ayes--Kribs, Separovich, Figenshow, Kiel, Moore, Rock Motion carried 326 January 21, 1980 Continued M�% Mr Colby pointed out to the Council that the schedule presented for considera- tion has increases only in those items passed along to the City from suppliers Council had previously studied this schedule at a study session Mr Olander read, by title, the proposed resolution adopting the fee schedule Notion by Mr Rock, seconded by Mr Separovich that the Resolution with the 1980 cemetery fee schedule be adopted and given RESOLUTION NO 579, Vote Ayes--Separovich, Figenshow, Kiel, Moore, Rock, Kribs Notion carried COUNCIL GOAL-amrl'uVv SESSION Discussion was held concerning the date and place for a two-day goal -setting session by the Council and the Department Heads Sane, inquiries have been made, but no definite quotations yet received It was the concensus of opinion by the Council that the location should be some place where they could get away overnight and not be distracted by traveling between sessions Also, they decided a better time would be the weekend following the Washington Birthday holiday Manager will endeavor to make arrangements following these guidelines Mr Stitt asked the Council to consider the item of boat trailer parking during their sessions ORDINANCE AMENDING 1979 BUDGET Finance Director, George Khtaian, explained to Council that there were three funds which had exceeded their 1979 budget after finallization of the year-end accounting Library by $800, Street by $3,900 and Firemen s Pension by $700 The overexpenditures were due to underestimation at the time of developing the 1979 budget Mr Olander read the proposed ordnance by title and motion was made by Mr Separovich, seconded by Mr Kiel, that the ordinance be passed and approved and given ORDINANCE NO 1810 Vote Ayes--Figenshow, Kiel, Moore, Rock, Kribs, Separovich Notion carried Mr Olander advised the Council that the item of the proposed Anacortes Railway of Mr Tommy Thompson was included in the agenda for the study session of January 28, 1980 and gave the members who dd not have a copy, a copy of the proposal Mayor Figenshow then asked the Council to remain for an executive session to discuss the appointment of a new Council member Meeting adjourned at 8 45 p m Ida Rolph, dcuVve Secretary February 4, 1980 K S Fi Mayor Meeting called to order at 7 30 p m on February 4, 1980 by Mayor, Knute Figenshow Roll Call found present Bud Rock, Karolyn Kribs, Ray Separovich, Knute Figenshow, Charles Kiel and Ken Moore Minutes of Previous Meeting Motion by Mr Rock, seconded by Mrs Kribs, that the minutes of the previous meeting held on January 21, 1980 be approved as if read Vote Ayes --Rock, Kribs, Separovich, Figenshow, Kiel, Moore Notion carried L' 1 32'7 February 4, 1980 ----------------------Continued Correspondence City Manager Robert Olander read aloud a letter handed to him dust prior to the meeting urging the Council to elect Ray Separovich as mayor The letter was signed by 7 residents of Anacortes Citizen Hearings Mayor Figenshow asked if anyone from the audience wished to speak on any matter not on the agenda and Mr Leonard Newsham of 201 Bradley Drive questioned the Council's position on the suggestion that a comprehensive plan be done on the Ship's Harbor area It was his gression that sane of the Council thought it would be of no value He was assured that the Council was concerned about the development of that particular area and would not allow it to be developed without planning OLD BUSINESS Election of Mayor and Mayor Pro Tem Mr Figenshow called for nominations for the position of Mayor Mr Separovich asked to be recognized and stated he wished to thank the people who had supported him, but in the interests of settling the matter, he wished to withdraw his name as a candidate for the mayor's position He then moved that the Council cast a unanimous ballot to elect Knute Figenshow to the position of Mayor for the ensuing two years Seconded by Mr Kiel Vote Ayes--Kribs, Separovich, Figenshow, Kiel, Moore and Rock Motion carried Mayor Figenshow then called for nominations for the position of Mayor pro -tem Motion by Mr Kiel, seconded by Mrs Kribs, that Ray Separovich be elected to the position of Mayor Pro Tem for the ensuing two years Vote Ayes--Separovich, Figenshow, Kiel, Moore, Rock, Kribs Motion carried NEW BUSINESS Appointment of New Council Member Mayor Figenshow stated that Mr Tuan Cleland had been approached and he felt the Council should confirm the appointment Motion by Mr Rock, seconded by Mrs Kribs, that Tuan Cleland be appointed to the position vacated by Mr Miller Vote Ayes--Kribs, Separovich, Figenshow, Kiel, Moore and Rock Motion carried Attorney Mansfield then administered the Oath of Office to Mr Cleland and he assumed the chair of the seventh Council member Mr Cleland thanked the Council and Mayor for the opportunity to serve the community and stated he would do so to the best of his ability Resolution of Intention to change from a Third Class City to Optional Municipal Code Attorney Mansfield briefly reviewed the purpose and manner of the proposed change stating that there would be no immediate effect, there will be no changing of any of the laws, ordinances, rules and regulations now governing the City The mayor advantage would be to give the City more flexibility, it is a different approach to complying with the state laws which regulate what a city can or cannot do Mr Mansfield explained that the adoption of the instant proposed Resolution of Intent commences a 90 -day period during which citizens could request an election to decide whether or not the change should be made If no such request is presented, then the Council, after 90 days, could adopt an ordinance which would put the City into the classification of Optional Municipal Code He then read, by title, the pro- posed Resolution of Intent Motion by Mr Separovich, seconded by Mr Kiel, that the Resolution be adopted and given RESOLUTION NO 580 Under the question, Mr Moore asked for some specific examples of the flexibility and Mr Mansfield did so and further stated that no city which has ever made this change has ever asked to change back, also that the classification is gaining wide favor within the State of Washington Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried Intergowc-LILAL...tal Cooperative Agreement for Radio Pager Purchase (Resolution) Fire Chief, Cecil Little, addressed the Council and said the result of the call for bids for the 25 Radio Pagers was only one bid received from. the Motorola Corp The purpose of the pagers is to improve the daytime response by equipping some volunteers and off-duty paid personnel with these pagers Mr Little learned that Whateom County Fire Protection District No 7 had awarded a bid for certain radio equipment and, as authorized by the RCW, recommended that Anacortes enter into a 3oint purchasing agreement with Whatooan County Fire District No 7 to purchase the pagers and that a resolution authorizing such agreement be adopted Proposed resolution was read by Mr Mansfield Motion was then made by Mr Kiel, seconded by Mr Rock, that the resolution authorizing the City to enter into an 328 February 4, 1980 ----------------Continued intergovernmental cooperative purchasing agreement with Whatecxn County Fire Protection District No 7, and authorizing the purchase of 25 Minitor VHF Pagers and 25 Charging Units for the pagers in accordance with the bid con- tract of the Whatoom Fire District, be adopted and given RESOLUTION NO 581 Vote Ayes--Figenshaw, Cleland, Kiel, Moore, Rock, Kribs, Separovich Motion carried Memorandum of Understanding with Skagit County Regarding Jail Facilities City Manager, Bob Olander, reviewed the circumstances which brought about this proposed document stating that Skagit County has applied to the State for six , million dollars to build new fail facilities This Memorandum of Understanding between Anacortes and Skagit County is a requirement of the State Jail Commission before they can consider the County's application because Anacortes uses the Skagit County facilities in several instances This document primarily states that the City of Anacortes supports the County's application Motion by Mr Separovich, seconded by Mr Rock, that the City accept' the Memorandum of Under- standing Under the question, Mr Kiel asked if other cities in the County were also supporting the project and was advised that they were Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried Resolution Authorizing Steering Committee for Convention Center Feasibility Study Manager Olander briefly reviewed the request from the Chamber of C%A.u.1C_L%-= for a committee for a convention center feasibility study .The Chamber has suggested that funds collected under the hotel -motel tax be used for such a study if pre- liminary information collected by a steering eommrittee warranted it Maria Petrish, Manager of the Chamber of CIALLLO� "_7' suggested that one more person be added to the list of persons suggested for the steering committee, a member at large along with a ..,Q:.1IM.L of the Council, the City Manager, a member of the Chamber of C_ALLL.�,.,,_, a member of the Visitors and Convention Bureau and a re- presentative of the Anacortes Port District There was a brief discussion of the purposes and uses allowed under the motel/hotel tax and the reasons for in- cluding the representative from the Port District and,then Mr Mansfield read the resolution, by title Motion by Mr Separovich, seconded by Mr Kiel, that the Resolution be adopted and given RESOLUTION NO 582 Vote Ayes—Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried Resolution Authorizing City Manager to Explore Acquisition of the Burlington - Northern Right -of -Way and Funding Sources for Multiple -use Trail Along Guemes Channel Mr Olander pointed out that a trail along Guemes Channel has been discussed in the community for a number of years It also was included in the Caarprehensive Plan of Anacortes as one of the goals The Council has recently discussed the possibility of a multi -use trail and the first step would be to see whether the railway right-of-way could be acquired and to explore,sources of funding Mr Mansfield then read a proposed resolution, by title, authorizing this work Notion by Mr Rock, seconded by Mrs Kribs, that the resolution be adopted and given RESOLUTION NO 583 Vote Ayes—Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried Permission to Call for Bids on Vehicle Public Works Director, David M Ford, Jr , stated the public works department wished to call for bids for one 1980 1 -ton cab and chassis to be used mainly in the sewer and street departments Funds for the purchase were approved in the 1980 budget and the estimated cost is $15,200 Notion by Mr Separovich, seconded by Mr Rock, that permission to call for the'bids as requested Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried 1980 Budget Change Ordinance Finance Director, George Khtaian, requested two changes in the 1980 budget, one for the purchase of 2 radar units for the Police Department (and grant reimburse- ment) which had been anticipated being completed in 1979'but was not and (2) 329 February 4, 1980------------- _-----Continued expenditures under the Historic Site Survey Grant (Museum) which were not completed in 1979 and will be in 1980 Attorney Mansfield then read, by title, a proposed ordinance allowing these changes in the 1980 budget Motion by Mr Kiel, seconded by Mr Cleland that the ordinance be passed and approved and given ORDINANCE NO 1811 Vote Ayes --Krebs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried Appointment to Planning\Commission Mayor Figenshow then recommended the appointment or Rick Latham to fill the vacancy left on the Planning Commission by the resignation of Neil Fenno Motion by Mr Separovich, seconded by Mr Kiel, that Mr Latham be so appointed Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore,.,Rock, Kribs Motion carried _ Permission to Apply to Library Grant Librarian, Doug Everhart, then presented information to the Council concerning a proposed project for a cooperative mini -film circuit which will be participated in by all public libraries in the County Mr Everhart explained that repre- sentatives of the different libraries in the County had met and agreed to apply for a grant from the State which would fund for a period of one year the film circuit This would allow each library to receive and use for one month a different set of 30 films per month The individual public libraries in Skagit County, on their own could not meet the requirements for this circuit, but collectively they could do so It was also explained that after the one year period, the County could continue their membership in the circuit for a fee of $2,000 Divided among the 4 libraries, the cost would be $500 per year and would, thus, increase the number of films available at a cost less than the present budget for securing films directly from the State Mr Everhart further explained the proposed administration of the grant, etc and that at the present time, all that is necessary is pernissi.on to forward a Letter of Intent prior to actual application for the grant Skagit Valley College has also agreed to participate in the project Motion by Mr Separovich, seconded by Mr Moore, that the Council authorize Mr Everhart to submit the Letter of Intent as requested Vote Ayes-- Figenshaw, Cleland, Kiel, Moore, Rock, Kribs, Separovich Motion carried Offer to Purchase LID Bonds (No 187) Mr Khtaian advised that LID No 187 is now at the point where the City can issue the LID Bonds to pay off the revenue warrants which were issued for the construc- tion He explained that the sale of LID Bonds can be negotiated with prospective purchasers rather than having to advertise for bids on them as is necessary with General Obligation bonds and Counci]matic Bonds The final amount of bonds to be issued on this LID is $63,508 The fi m of Foster and Marshall have offered to purchase them at a rate of 8 75% Mr Khtaian said this was a fair and competitive bid and he recmrended its acceptance Mr Dave Landes, of Foster and Marshall, spoke briefly to the Council about the present bond market and also reiterated that it was a fair and competitive bid Motion by Mr Separovich, seconded by Mr Rock, that the staff's recommendation be accepted and the bonds issued accordingly Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Notion carried Additional Member for Forest Planning Committee Mayor Figenshow read a letter he had received from the Cham of the Forest Planning Committee, Bob Rose Mr Rose pointed out that at the time of the forma- tion of the Committee, the names of several individuals were brought up as possible members After their first meeting in January, the Committee feels it could use the services and expertise of former Parks Superintendent, Robert Harr, and asks the Council name Mr Harr as a member Motion by Mr Separovich, seconded by Mr Rock, that Mr Robert Harr be named as a member of the Forest Planning Committee Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Notion carried February 4, 1980 --- Mr Olander then reminded the Council that the goal -setting meeting of the Council and DeparbTent Heads had been finalized for February 23rd and 24th at Rosario Times of meetings, etc will be confirrgedat a later time He also announced that the AWC was holding a legislative session in Olympia on February 15th Council members and Mayors are invited to attend, anyone interested should let the City Manager know There being no additional business to cane before the Council, meeting ad- journed at 8 45 p m CdeL. _VZ Ida Rolph -ZE ve Secretary February 19, 1980 K S g ow, Mayor Mayor Fxgenshav called the meeting to order at 7 30 p.in Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel, and Ken Moore MINUTES OF PREVIOUS MEETING Councilman Separovich moved that the minutes of the previous meeting held on February 4, 1980 be approved as if read Seconded by Mr Rock Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel and Moore Notion carried CORRESpONDENCE Mayor Figenshow read a letter he had received from Robert Farrar 3n which Mr Farrar tendered his resignation from the Planning Commission PROCIR,ATION In order to commemorate the anniversary of the American National Red Cross and recognize the many and varied services provaded by the Red Cross, Mayor Figenshow read a Proclamation naming the month of March as Red Cross Month and urging the citizens of Anacortes to recognize and support the American National Red Cross CITIZEN HEARINGS No one from the audience asked to speak on any item not on the agenda OLD BUSINESS There was no old business to come before the Council NEW BUSINESS ORDINANCE AM13JDING UNIFORM FIRE CODE Fixe Chief Little presented to the Council proposed changes to the Uniform Fire Code and Uniform Building Code having to do with the installation of fire hydrants in the City of Anacortes Mr Little advised that the present regulations are inadequate, that the City has no control over the type of hydrant used, the number of pumper outlets or threads, the color or installation The proposed changes would give the City this control along with cbntrol of location, size, type, etc of the hydrants City Attorney Mansfield read, by title, the pro- posed ordinance and Mr Rock moved that the ordinance be passed and given ORDEWM NO 1812 Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Notion carried RESOLUTION AUTHORIZING RENTING OF CITY PROPERTY Com -unity Developanent Director, Ken Kinzel, showed a view foil on which a certain parcel of property located in the urban renewal area was proposed to be leased to the Willamette Western Corporation of Portland, Oregon This is the dredging ccapany who has done dredging on prior projects in the Fidalgo Bay area of Anacortes Anacortes Marine Enterprises purchased the subject piece of property from Herb Hicks, but has not yet taken possession of it, therefore, the City can lease the parcel until the purchaser complies with all the requirements necessary to take possession Willamette -Western wishes to use the location to store dredging equipment during the course of their project Attorney Mansfield verified that the City has this option and read the proposed resolution authorizing the leasing of the parcel, by title Motion by Mr Separovich, seconded by Mrs Kribs, that the -"resolution be adopted and given RESOLUTION NO 584 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried �j 1 331 February 19, 1980 ----------------------Continued AUTHORITY TO PURCHASE FURNISHINGS FOR MUNICIPAL BUILDING RENOVATION City Manager, Robert Olander, reviewed the project budget for the renovation of the Municipal Building, Phase II, and advised that it appeared there would be approximatelt $13,000 remaining As Council had previously been advised, these funds could be used to upgrade the furniture and equipment sorely needed in the Municipal Building offices, and permission was requested to do so After a brief discussion, motion by Mr Kiel, seconded by Mr Separovich, that authority be granted to purchase the items described on the presented list not to exeed the sum of $12,591 Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich Motion carried APPOINTNUM TO PARK AND RECREATION ADVISORY COMMISSION Mayor Figenshow reca- mended that Ralph Edwards be appointed to a new term on the Park & Recreation Advisory Commission and that Zoanne Hyland be named to fill the vacancy left by Rick Latham Notion by Mr Separovich, seconded by Mr Cleland, that these appointments be confirmed Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Notion carried APPOINTMENT TO BOARD OF ADJUSTMENT Mayor Fi.genshow, recommended that Ruth Horn be appointed to the Board of Adjustment to replace Tom Cleland who was recently appointed Councilman Motion by Mr Separovich, seconded by Mr Kiel, that this appointment be confirmed by Council Vote Ayes—Kiel, Moore, Rock, Krebs, Separovich, Figenshow, Cleland Motion carried APPOINTMENT TO PUBLIC TRANSPORTATION BENEFIT AUTHORITY Mayor Figenshow recom- mended that Ray Separovich be named as representative frau the City of Anacortes to the County Public Transportation Benefit Authority Mr Olander explained that this County committee is still functioning even after the public trans- portation proposition was defeated an the November election The City of Anacortes should have a representative to attend future meetings whether the body .is dissolved or decides to make another plea for public transportation within Skagit County Notion by Mr Kiel, seconded by Mr Rock that Ray Separovich be named as the Anacortes representative to the Public Transportation Benefit Authority Vote Ayes --Moore, Rock, Kribs, Separcvich, Figenshow, Cleland, Kiel Notion carried APPOINTMENTS TO CCNM72ICN CENTER STUDY COMMITTEE Mayor Figenshow read a list of seven people as the proposed members of the authorized Convention Center Study Committee City Manager Olander briefly outlined the work such a committee must necessarily do prior to and during the feasibility study concerning the possibility of a convention center in Anacortes Mr Separovich then moved that the Council confirm the naming of Alice Perry, Maria Petrish, Del Reisner, Robert Olander, Bob Jahns, Tom Cleland and Ron Four as members of the Convention Center Study Committee Seconded by Mr Kiel Vote Ayes --Rock, Kirbs, Separovich, Figenshow, Cleland, Kiel, Moore Notion carried PERMISSION 70 CALL FOR BIDS ON 32nd STREET SIGNAL Public Works Director, David M Ford, Jr , advised the Council that final plans are ready and the bid spec- ifications will be complete within two weeks to call for bids on the signal to be located at 32nd Street and he wished to call for the bids as soon as possible Notion by Mr Rock, seconded by Mrs Kribs, that authority be granted to call for the bids for this long-awaited 32nd and Commercial signal Mr Separovich said he hoped this would be the beginning which would eventually bring more signals Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Notion carried APPOINTMENT TO COMMUNITY CENTER BOARD OF GOVERNORS Mayor Figenshow recommended that Mr Jim Malson be re -appointed to the Community Center Board of Governors and that Karolyne Kribs be named as the representative frean the Council to replace Ray Separovich Motion by Mr Separovich, seconded by Mr Rock that these appointments be confirmed Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried ORDINANCE ON LID 187 BONDS Finance Director, George Khtaian, presented a pro- posed ordinance dust received the morning of February 19th from the City's bonding attorney which directs the issuance and slae of the bonds on LID No 187 in the amount of $63,508 08 at a rate of 8 75% The issue was authorized by Council on February 4, 1980 Attorney Mansfield read, by title, the proposed ordinance and motion was made by Mr Kiel, seconded by Mr Cleland, that the ordinance be approved and passed and given ORDINANCE NO 1813 Vote Ayes-- Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich Notion carried 332 February 19, 1980 ----------------continued COUNCIL AND STAFF DIRECTORS RETREAT City Manager Olander briefly reviewed the prelnux ry schedule for the meetings to be held February 23rd and 24th at Rosario on Orcas Island for the purpose of setting specific goals of accomplishment for the City of Anacortes in the next few years There was brief discussion concerning the reimbursement for expenses on the trip Mrs Felicia Childs, head of the local office of the American Red Cross, asked to be recognized and thanked the Council for the Proclamation and for publishing it in the newspaper She also asked to be notified when and if the City has any furniture to be disposed of so theRed Cross1could make a bid Mrs Childs advised that on March 1st there would be a Washington State Conference an Families held at Western Washington University in Bellingham Time is 9 00 a m to 5 00 p m and a representative from the City is invited Mayor Figenshow then requested the Council members to remain for an executive session to discuss labor negotiations Meeting ad3ournedIat 8 0 i Ida Rolph, t�ve Secretary K S F g , Mayor March 3, 1980 Meeting called to order at 7 30 p m by Mayor Figenshcw Invocation was offered by Reverend John Backman of the Westminster United Presbyterian Church Roll call found present Bud Rack, Karolyn Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Ken Moore Charles Kiel was excused MINUTES OF PREVIOUS MEETING Motion by Mr Separovich, seconded by Mr Rock, that the minutes of the previous meeting held on February 19, 1980 be approved as if read Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Moore Motion carried There was no correspondence and no items to discuss that were not on tYe agenda There was no old business to coarse before the Council I�I:l.`a1061I� Mayor Figenshow, acknowledged the presence of Cadet Girl Scout Troop No 781 and asked that they stand while he read the Proclamation naming the week of March 9th through March 15th as Girl Scout Week Motion by Mr Separovich, seconded by Mr Rock that the Council reaffirm the Proclamation of the Mayor Vote Ayes-- Kribs, Separovich, Figenshow, Cleland, Moore; Rock Motion carried AWARD OF BID FOR POLICE VEHICLE Police Chief Lippe advised that bids were opened on February 20, 1980 for the police vehicle The only bids received were from Trulson Motorsifor a delivered price of $7,731 24 and from the Washington State, under contract #392-79, for $6,045 69 Mr Lippe recommended the Council accept the bid from theiState and allow an addi- tional $450 for the purchase and installation of a protective screen and fiberform rear seat Notion by Mr Rock, seconded by Mr SeparcvicY that the City accept the bid as recommended and allow the additional $450 as requested Vote Ayes--- Separovich, yes--Separovich, Figenshow, Cleland, Moore, Rock, Kribs Motion carried AMRD OF BIDS ON SURPLUS CITY rtar=.C1 f Public Works Director, Dave Ford, advised that bids were received on two of the three parcels of surplus property offered for sale by the City Safeway Stores, Inc offered $12,000 for the 20' x 300' strip on the South side of 11th Street 1 1 oM March 3, 1980----r_...____--Continued between Comrercial and "Q" Avenue, Washington Federal Savings and Loan Association offered $10,800 for the 20' x 300' strip on the North side of 11th Street between CcmTercial and "Q" Avenue No bid was received for the parcel on 20th Street dust East of "K" Avenue Mr Ford said the bids received were in order and recommended passage of a resolution on each parcel authorizing the sale and execution of a statutory warranty deed on each There followed a discussion, to answer an inquiry presented by Mr Dildine as to the reason for selling the property and how it was acquired by the City in the beginning Mr Ford said these two 20' strips were acquired as right-of-way for 11th Street in addition to the 80 feet already allocated at a time when there was a 120 -foot right-of-way platted further East of "Q" That right-of-way has since been vacated and there is no necessity for a 120 -foot right-of-way on 11th Street Mr Dildine said he thought the City, at sane future time, might wish the extra right-of-way for traffic traveling West on 11th Street from "Q" if 12th Street is made one- way for traffic going Eastbound He was advised that the 80 foot right-of- way remaining would be ample for any such eventuality City Attorney Mansfield then read, by title, a resolution authorizing the sale of the parcel described to the Safeway Corporation and directing the execution of a statutory warranty deed conveying the N.Lyyc_,4y Motion by Mr Separovich, seconded by Mrs Kribs that the resolution be approved and given RESOLUTION NO 585 Vote Ayes--Figenshow, Cleland, Moore, Rock, Kribs, Separovich Motion carried Mr Mansfield read, by title, a resolution authorizing the sale of the other 20 -foot strip to Washington Federal Savings and Lorin Association and direct- ing the execution of a statutory warranty deed conveying the property to them Motion by Mr Rock, seconded by Mr Cleland that the Resolution be approved and given RESOLUTION NO 586 Vote Ayes --Cleland, Moore, Rock, Kribs, Separovich, Figenshow Motion carried Discussion followed concerning the remaining parcel on which no bid was re- ceived Mr Ford said he wished Council direction as to whether he should enter into negotiations with individuals who had expressed interest in the parcel but dial not put in a bid Councilman Moore inquired if the City was bound to offer it at the 90% of appraised value as least acceptable offer as was previously advertised and Attorney Mansfield said it was not The law requires only that a parcel of land be sold at a fair market price Mr Ford said the parcel had been defined as buildable even though quite small and the appraised value was $6,000 Mr Separovich moved that staff be given permission to enter into negotiations with interested parties on the 20th Street parcel Seconded by Mr Moore Councilwoman Kribs said she would like toidiscuss it further before such authority was given as it may be a parcel the City would wish to hold rather than sell - possibly for trading purposes Mr Separovich withdrew his motion and Mr Moore withdrew his second The matter will be discussed in executive session prior to any further action City Manager, Robert Olander, suggested that the Council may wish to consider setting up a revolving property acquisition fund with the money derived frau the two sales previously authorized Fran this fund, the Council could appro- priate money for the purchase of needed property or could deposit additional funds frau other sales PERMISSION TO CALL FOR BIDS ON SANITATION TRUCK Mr Ford presented request to call for bids on a 53,000 pound gross vehicle weight chassis and a 25 -cubic yard coampactor, as was included in the 1980 budget, for the Sanitation department Delivery on a pied of equipment such as this takes approximately 8 months, so it is necessary to get out the speci- fications and call for bids as soon as possible He also advised that during 334 March 3, 1980------------- Continued J said tune, the staff would be investigating the cost of possibly overhauling the existing chassis to see if the City could save irony by overhauling rather than purchasing new equipment There was discussion concerning the present system of solid waste disposal and possible changes that will becare necessary in the next few years Notion by Mr Rock,'seconded by Mr Moore, that permission be granted to call for the bids as requested Vote Ayes-- , Moore, Rock, Krebs, Separovich, Figenshow, Cleland Motion carried RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDS FOR ANACORTEB YOUTH SERVICES Police Chief Lippe briefly reviewed the purpose of applying for a grant under the Law Enf���«..t Administration Act for Juvenile Justice Delinquency Prevention Act funds and said the letter of intent had been submitted to the Northwest Regional Council In order to have an application considered, the Council should so authorize by resolution Attorney Mansfield read, by title, a resolution granting the authority requested, and Mr! Rock moved that the resolution be passed and given RESOLUTION NO 587 Seconded by Mr Separovich Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Moore Motion carried iIMAN)lAl 101 A ke Mayor Figenshow recoamended to Council the appointment of Otis Piburn to the Anacortes Planning Co=ssion to fill the vacancy caused by the resignation of Robert Farrar Motion by Mr Rock, seconded by Mr Moore, that Mr Piburn be appointed to the Planning Coammssion to complete the tern;of Mr Farrar Vote Ayes --Krebs, Separovich, Figenshow, Cleland, Moore, Rock Motion carried REWLUTION AUTHORIZING CONTINUATION OF URBAN RFNEVM MPR4W Finance Director, George Khtaian, presented a request to continue to 8/20/80 the Urban Renewal Interest-bearing Warrant with the Bank of Anacortes in the amount of $450,903 49 at the interest rate of 7-3/4% This warrant was taken out in November of 1978 because two land sales in the urban renewal area had not been consumated in tune to close the urban renewal project with the federal govern- ment Inasmuch as the sales are still pending due to litigation brought by one of the purchasers, this warrant must be renewed every 6 months until the litigation is resolved and the land sales consumated or reversed Mayor Figenshow remarked that this was further incentive to see that the litigation is resolved Attorney Mansfield read, by title, a resolution authorizing the issuing of the requested interest-bearing warrants in the sum of $450,903 49 Notion by Mr Separovich, seconded by Mr Cleland that the Resolution be approved and given RESOLUTION NO 588 Vote Ayes--Separovich, Figenshow, Cleland, Moore, Rock, Kribs Motion carried PUBLIC TRANSPORTATION BENEFIT AREA D "x_mu Mr Olander brought to Council's attention that Mr Separovich, representative of Anacortes, would be attending a meeting of the Public Transportation Benefit Area on March 4th, 1980 and would wish Council's direction as to whether the matter should be again put on the ballot for consideration by the voting public or whether the dissolution of the agency should be put up for vote It appears the only way to dissolve the body is by vote of the people Mr Moore said he believed the organization should not be dissolved in the event a public trans- portation system is considered again in two or three years, Mr Figenshow said he felt there should be a public hearing where the people of Anacortes could voice their opinions before a decision is made Generally, Mr Separovich was instructed to vote for a delay in any action for at least 30 days, if possible There being no further business to come before the Council, meeting adjourned at835pm 4w- - e� e_0 - - � 4llleool;� Ida Rolph - Execut�be Secretary re4`K S 'Fi ow, Mayor 1 335 March 17, 1980 Meeting called to order at 7 30 p m on March 17, 1980 by Mayor Knute Figenshow Roll call found present Bud Rock, Karolyn Kribs, Ray Separovich, Knute Figenshow, Tan Cleland, Charles Kiel, Ken Moore MINUTES OF PREVIOUS MEETING Notion by Mr Separavich, seconded by Mrs Kribs, that the minutes of the last meeting held on March 3, 1980 be approved as if read Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried There was no correspondence and no citizen hearings There was no old business to care before the Council NEW BUSINESS AUTHORIZATION To EXECUTE ACRE MU WITH TEAMSTERS City Manager, Robert Olander, advised that both the Sanitation Department and the Police Department, who are represented by Local No 411 of the Teamsters, had reached agreement on a two-year contract with a salary increase, retroactive to Jan 1, 1980, of 10 5% There were no increases in fringe benefits The salary increase for the second year is tied to the Consumer Price Index for the Seattle area at a nuxunum of 8% and a max3xmxn of 12% Should the CPI go over 12%, that portion of the contract would be open to negotiation Mr Olander reccnr ended that both contracts be approved and accepted City Attorney, Stephen Mansfield read, by title, a resolution authorizing execution of the contract with the Sanitation Dept Notion by Mr Separovich, seconded by Mr Kiel, that the contract be approved and the resolution be adopted and given RESOLUTION No 589 Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Notion carried Mr Mansfield then read, by title, a resolution authorizing the execution of the contract with the Teamsters Local No 411 and the Police Dept Motion by Mr Kiel, seconded by Mr Cleland, that the contract be accepted and the resolution be adopted and given RESOLUTION NO 590 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Notion carried TRAVEL POLICIES AND PROCEDURES Manager Olander reviewed circumstances leading up to the development of written travel policies and procedures stating that it was the result of recommendations made by the State Auditor's Office, Div of Municipal Corp- orations, at the time of the City audit The proposed travel policies and procedures are in accordance with the state guidelines Mr Mansfield read, by title, a proposed resolution authorizing adoption of the travel policies and procedures Notion by Mr Separovich, seconded by Mr Rock, that the resolution be adopted and given RESOLUTION NO 591 There followed a general discussion of the method of remmbursement for travel expenses, the method of per diem vs receipts for meals and the amounts allowed for same under the document It was generally agreed that the reimbursement by receipt method was the most desirable, that employees should use good judgment and not abuse the privileges and that the City Manager would carefully review all claims for reimburse- ment Vote Ayes--Figenshow, Cleland, Kiel,Moore,Rock,Kribs, Separovich Notion carried INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES Attorney Mansfield read,by title, a proposed resolution authorizing the City to defend and indemnify employees, elected officials and of Boards and Commissions of the City, acting within the scope of their employment or official capacities, against claims He explained this was dust in the event that possibly the regular City insurance coverage would not be sufficient Notion by Mr Rock, seconded by Mr Kiel, that the resolution be adopted and given RESOLUTION NO 592 Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshaw Mot on carried AGTMO--U WITH SKAGIT COUNTY FOR ROAD MAINTENANCE Public Works Dir , David M Ford, advised that the City has previously had an agreement with Skagit County to do work for the City that the City could not do The City has not availed themselves of this privilege to any degree in the past Recently, the County sent a revised agree- ment for the City's consideration and, after some negotiation and changes, the City staff and the County have cane to agreement Mr Ford said all work is resmbursable on the basis of cost of material and labor and it appears to be to the City's advantage to have such an agreement with the County The ayL«.t only authorizes the City to utilize the County's services as needed Mr Ford reccmTended exeuction of the ay..QrA,LQ-:,.t Proposed resolution authorizing execution of the agreement was read by Mr Mansfield Mr Separovich asked a question about the County doing the mowing on the dike around the water treatment plant and was assured that this was because they had the p.Lukm-_L equipment to do it where the City did not Notion by Mr Separovich, seconded by Mr Kiel, that the resolution be adopted and given RESOLUTION NO 593 Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshaw, Cleland Notion carried PERMISSION TO CALL FOR BIDS ON GRAVE LINERS Park Director, Steve Colby, explained to the Council that in the past, the City has purchased grave liners on an as -needed basis buying $5,000 to $6,000 worth at a time This is in excess of the new bid law 336 March 17, 1980 -------------------------continued limit of $4,000 and so the item must be on a yearly bid basis By calling for and accepting a bid for the liners on a yearly basis, the City will be able to take advantage of buying the liners in lots of about 10 at a time where the price is the most reasonable Motion by Mr Kiel, seconded by Mr Cleland, that the Park Dept be authorized to call for bids for 1980 on grave liners Vote Ayes --Moore, Rock, Kribs, Separovich, Figenshow Cleland, Kiel Motion carried AMENDMENTS TO 1980 BUDGET Mr Olander reviewed three .items in a request for approval of an ordinance amending the 1980 budget (1) funds for the replacment (and sane upgrading) of the piling protecting the water line in the Swinanish Slough which was damaged in a boat accident awhile back The cost was not considered in the 1980 budget because it was anticipated the work would be ccipleted in 1979 and that all costs would be reimbursed by the boat owner's .insurance The work was not coupleted until February of 1980 and, with thelupgrading, the total cost is $20,913+ Monies received from the insurance;co�any will be returned to the Water Capital Reserve fund (2) funds for oversizing of water transmission main in Clearidge subdivision The City engineering department felt that this main should be a 12 -inch line taking into consideration the future requirements and the City's Comprehensive Plan IThe difference between this larger size line and the smaller line required by the developer should be paid for by the City at a cost of $26,000 (3) cost of hiring a utility accountant as authorized by the Council in order to meet State requirements to strengthen City internal accounting procedures and systems The total cost amounts to $22,170 and will be divided into the three utilities in proportion to their overall budgets - 70% to water, 15% to wastewater and 15% to solid waste There was some discussion of the type of repays made on the piling, the nec- essity for the overs.izing of the water main, etc , and Mr Mansfield read, by title, a proposed ordinance making the changes .3n the 1980 budget to reflect the above-described expenditures and revenue therefor Motion by Mr Kiel, seconded by Mr Separavich, that the ordinance be passed and approved and given ORDINANCE NO 1814 Vote Ayes --Rack, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried Mr Moore said he would like to have a full discussion with the Council on aversiz:ng of lines at ori upcoming study session The Council agreed this was a good idea AG%1ARD OF BID ON 1 -TON TRUCK Mr Ford advised that bids were received frau two local ferns and opened on March 11, 1980 for one 1 -ton truck cab and chassis Bids were Trulson Motors - $7,303 05, Frontier Ford -'$7,551 95, both in- cluding sales tax Mr Ford recommended the Council award the bid to Trulson Motors Motion by Mr Kiel, seconded by Mr Separovich that the award be given to Trulson Motors for $7,303 05 Under the question, Mr Cleland asked how the vehicle was going to be equipped and Mr Ford said the necessary equipment would be added with funds budgeted therefor, that it was felt the City could save money doing it .in this manner Mayor Figenshow suggested the City take a hard look at each and every one of the capital expenditures as revenue will be harder and harder to came by Vote Ayes--Kr.3bs, Separavich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried PUBLIC HEARING DATE SET FOR VACATION PETITION Mr Mansfield read, by title, a resolution setting the date of April 7, 1980 for a public hearing on a petition to vacate a piece of right-of-way in the Island View Park Addition Notion by Mr Separovich, seconded by Mr Rock that the I resolution be adopted and given RESOLU'T'ION NO 594 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Krebs Notion carried STOP LIGHTS Mr Separovich then advised the Council that an response to his question to Governor Ray concerning additional stop lights in Anacortes, that Mr James Cleary of the State Dept of Transportation visited Anacortes and Mr Separovich feels there is a chance the City will obtain more lights He urged all citizens to write to the State Highway Department requesting these lights CHANGES IN COUNTY ZONING Mr Olander brought up the matter of the County Planning Commissioners making some changes in the zoning on Fidalgo Island which do not conform with the City's recently adopted Ordinance No 1804 amending the City Is Comprehensive Plan by adding goals, policies, recam- mendations and land use designations for the area beyond the City limits There followed a considerable discussion about the changes made by the County and what the City of Anacortes could do about it It was deternuned that the County Commissioners could init-ate a request for rezone to the 33'7 March 17, 1980--------------------contuiued County Planning Cbmussion for the area in question There would be public hear- ings, etc the same as a rezone petition procedure held by the City Mr Bob Rose, chairman of the City's Forest Planning Committee, explained certain aspects to the Council Motion by Mr Separavich, seconded by Mrs Kribs, that a letter be sent to the County Commissioners requesting that they initiate a request to rezone back to its original zone classification the area (shown on a view foil of Fidalgo Island) outside the city limits indicated as having more density than inside the City limits Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried ASSOCIATION OF WASHINGTON CITIES CONFERENCE Mr Olander reminded the Council that this conference would be caning up the middle of June in Olympia, Washington and asked that anyone wishing to attend should see ham so that reservations could be made right away REQUEST FOR PUBLIC ACCESS Mr Bob Pickett addressed the Council and said it appeared that there was going to have to be some sort of access road between the Port property and Snelson-Anvil property and he would like the Council to con- sider making the access a City street with public access rather than a private roadway so the public would have some access to the water FOREST PLANNING COMiU= WALK Mr Bob Rose briefly described the walk this camnittee made last weekend over City forest lands and reported it appeared there were serious problems with people caning from as far away as 80 miles and motor- cycle riding in trails not open to the public and otherwise damaging the area He also mentioned that he had noticed another small clear-cut on property adjacent to City forest lands and suggested the Council consider amending the clearing and grading ordinance to apply to logging on parcels less than 5 acres There being no further business to cane before the Council, meeting adjourned to an executive session to discuss labor negotiations, at 8 45 p m 1 11 e -1) Ida Rolph, Executive Secretary K 'S Fig , Mayor April 7, 1980 Meeting called to order at 7 30 p m by Mayor Figenshow Roll call found present all Council members Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tan Cleland, Charles Kiel and Kenneth Moore NMq=S OF PREVIOUS MEETING Mr Separovich moved that the minutes of the previous meeting be approved as if read, seconded by Mr Rock Vote Ayes—Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried CORRESPONDENCE Mayor Figenshow asked City Manager, Bob Olander, to read a Procla- mation declaring April 13th, 1980 through April 19, 1980 as Medical Laboratory Week and urging citizens to recognize and support all workers of the medical laboratory sciences for their service to the ccummity There was also a letter fron Rev Kenneth Ogrodowski, of St Mary's Church, requesting that St Mary's Drive be posted "no parking at any time" and giving reasons therefor Mr Olander was directed to refer the matter to the City Public Works Department for consider- ation A letter was read from Willi= Scott thanking the Council and Engineering Dept for their consideration and courtesy in solving certain problems regarding installation of a new water main in the Skyline area CITIZEN HEARINGS Mayor Figenshow asked if anyone from the audience wished to speak on any item not on the agenda and Debora McKay Brissey asked the Council's advice on steps to take to encourage parents of children in the City to support programs which would give more recreational facilities for children She was referred to the City Park and Recreation Department and encouraged to participate in the many already existing programs for recreation for young people Mr Leonard Newsham, 201 Bradley Drive, asked the present status of the proposal of the Kempthorns to build on their piece of property located at the intersection of Ferry Terminal Road and Oakes Avenue Mr Newsham said the old building on the property had been torn down and there was a lot of debris left on the site Staff was instructed to check on the status of the matter and see that the site is cleaned up Mr Jim Wilson, 808 28th Street, said he wished to respond to Miss Brissey and said the City of Anacortes had one of the best recreation programs for its young people in the state Going back to the Proclamation, Mr Separovich moved that the Proclamation by the Mayor be ratified by the Council Seconded by Mr Rock Vote Ayes --Krebs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried ��s April 7, 1980 ----- continued NEW BUSINESS APPLICATION FOR CONDITIONAL USE PERMIT - CHURCH OF CHRIST Ken Kinzel, Director of Community Development, gave the following information Application had been filed by the Church of Christ for a conditional use permit for the use of a single-family residence as a classroom facility The house is located at the end of a cul'de sac on 33rd Street with the Church itself located directly east of it Mr Kinzel related the actions taken by the City staff, the comments of the Fire Department, the Building Inspector, etc and stated that the Planning Commission had held a public hearing with no objections received The Planning Commission recommended that the conditional use peen t be granted with the following conditions attached that the requirements stipulated by theBuilding Inspector and the Fire Chief be satisfied before the premises were used for the intended purpose, that the occupance load1be limited to 49 persons or less, that access to the facility be from the church parking lot which lies to the east of the residence, that there be no parking by users of the facility within 33rd Street or the cul'de,sac area There followed considerable dis- cussion concerning notification of adjacent property owners, returning the house to a residence after the church builds its own classroom building, etc The matter was then referred to a study session on April 14th at which time the applicants were instructed to have written confirmation 1 from property owners that they had no objections, additional information including times of usage, etc RESOLUTION AUTHORIZING APPLIC.'ATION FOR xrxt&<nNDUM 26 FUNDS Public Works Dir , Dave Ford, reviewed the City's dealings with the Environmental Protection Agency (which have covered a period of seven years) concerning the require- ments under the Federal Water Pollution Control Act foriwaste discharge at . the City's water treatment plant It was not until April 21, 1979 that the Council agreed to comply with the directives of the Dept of Ecology The matter has now L.L,-.jLcssed to the point where, in order to receive 50% fund- ing, application must be made to the State Dept of Social and Health Services under the Referendum 26 Program Mr Ford recommended that'the resolution permitting staff to make the application for funds be approved There was brief discussion concerning the cost estimates for the project, methods of financing the City's portion of the cost, whether the facility would be able to withstand possible flooding, etc Manager Olander suggested that if and when it came time to hire a consultant, that a two-manber Council camuttee be appointed to work with staff in the selection CitylAttorney, Stephen Mansfield, then read, by title, a resolution authorizing submission of app- lications to the DSHS for funds under the Referendum 26 1 FLllI -C tt Mr Kiel moved, and Mr Moore seconded, that the resolution be passed arra approved and given RESOLUTION NO 595 Vote Ayes-- Figenshaw, Cleland, Kiel, Moore, Rock, Kribs No—Separovich Motion carried Mayor Figenshow remarked, and Mr Separovich agreed, that should the City not be able to fund its share of the cost of this project, it should be reason to postpone or further object to the necessity of building the facility PUBLIC HEARING - PETITION FOR VACATION OF RIGHT -QF TVM Mayor Figenshow briefly outlined the procedure to be followed for a public hearing and then declared a Public Hearing to be open to consider a petition to vacate the right-of-way on which the old Island View booster station was located The parcel of property was originally set aside by the developer of Island View Addition to be used by the City specifically for the water booster station With recent improvements, this booster station is no longer necessary and the site was declared surplus by the City Council The parcel measures 15 feet by 25 feet arra the pLvb+c.. Ly owners on either side have petitioned for its vacation It has been appraised at $600 Planning Commission reviewed the petition and LM4AAL1L«&cls the parcel be vacated with payment from the property owners of one-half of the appraised value plus the appraisal fee There were no %.A,L.«,Ls from the audience There ing whether or not the property has ar would be remved, etc and the replies any value to the City had been removed be used again as a booster station, an the adjacent pLVyr_. Ly owners, the pipe no water in the limes, Mr Ford felt property Mayor Figenshow declared th Mansfield read, by title, a proposed c the described. property Notion by Mr adopted and given ORDINANCE NO 1815 Figenshow, Cleland, Kiel, Moore, Rack, gas discussion byl the Council concern - value to the City, whether the pipes from Mr Foul were that everything of from the building, it would never 1, rather than tear up the yards of would be left in place, but there is :;he City would have no use for the public hearing to be closed Mr :dinance authorizing the vacation of Separavich that the ordinance be Seconded by Mr Kiel Vote Ayes-- Kribs, Separovich Notion carried 1 1 1 339 April 7, 1980 - - - - - - - -continued RESOLUTION AUTHORIZING CONPRACT WITH SKAGIT COUNTY RECREATION DEPT Parks Director, Steve Colby, reviewed the City's policy of contracting with the Skagit County Senior Services to provide recreational services for seniors in Anacortes Usually, the contract is executed at the time the budget for the year is adopted, but due to a change in personnel in the County, the document had not been pres- ented for execution Mr Colby pointed out that the proposed contract for 1980 was the same contract as previously executed except that the budget figure, which was approved by Council in December, 1979, was in the amount of $12,560 Council- man Kiel asked if the Senior citizens had any more complaints about their quarters in the Community Center and was advised that all problems apparently have been solved and that reports now indicate that they are very happy with the facilities Mr Mansfield then read a proposed resolution, by title, authorizing the execution of the contract with the County Motion by Mr Rock, seconded by Mr Separovich that the resolution be adopted and given RESOLUTION NO 596 Vote Ayes -- Cleland, Kiel, Moore, Rock, Separovich, Kribs, Figenshow Motion carried RESOLUTION AUTHORIZING APPLICATION TO IAC Park Director, Steve Colby, reviewed with the Council the boat launching facilities at Washington Park and said that since 1976 the City has been sustaining the facility with old floats that were built in 1963 and 5 float sections that were replaced in 1976 In the interests of safety, the boat launch facility should be re -built Mr Colby's memorandum to the Council detailed the costs for three different alternative methods The project is eligible for 75% funding by the Interagency Committee for Outdoor Recreation (IAC) The 25% which must be paid by the City would depend upon which alternative was agreed upon Mr Colby recommended that the City for- ward a letter of intent to the IAC, which must be sent prior to May 1st, and that he be authorized to submit a development application to the IAC based on Alter- native No 1 which would cost the City approximately $31,775 The application must be submitted to the IAC no later than June 1, 1980 There was a brief discussion concerning the different alternatives and the Council was informed that the application would not "loc" the City into any specific design There is no consideration being given to any kind of a breakwater a the location Attorney Mansfield then read, by title, a proposed resolution authorizing the City Manager to make application for grant funds to the IAC for replacement of Wash- angton Park pier floats Motion by Mr Separovich, seconded by Mrs Krebs, that the resolution be adopted and given RESOLUTION NO 597 Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Notion carried ORDINANCE RELATING TO DUTIES OF MUSEUM ADVISORY BOARD City Manager Olander reviewed circumstances which brought about consideration by the Council of re- organization of the Museum and consolidating the part-time positions into one full time position of Museum Director City Attorney Mansfield read, by title, a proposed ordinance which repealed former ordinances concerning the Museum and History Advisory Board and defined the powers and duties of such a board, its membership, length of terms, etc Mr Olander informed the Council that the present Museum Board had approved the proposed ordinance with one suggested change pertaining to membership of persons who do not reside ,inside the City limits It was suggested the ordinance be amended to require only a majority of the board to be City residents The Council then, at the suggestion of Councilwoman Krebs, requested the further amendment to indicate that no should reside outside Fidalgo Island or Guemes Island Notion was then made by Mr Kiel that the City Manager be authorized to consolidate the part -tame positions at the Museum into one full time Director position and to recruit a Director to fill that position, and that the ordinance with the amendments as requested, be passed and given ORDINANCE NO 1816 Vote Ayes --Moore, Rock, Krebs, Separovich, Figenshow, Cleland, Kiel Notion carried Mr Separovich commended the City Manager for handling the City business as it should be handled ORDINANCE REPEALING ORD 1742 - VACATION OF STREET ANU ALLEY RIGHT -CF -WAYS Attorney Mansfield read, by title, a proposed ordinance repealing Ordinance No 1742 which granted vacation of the street and alley right-of-ways in the area bounded by 24th and 27th Streets and "A" and "D" Avenues This vacation was granted after application by Alan Nicholson in December of 1977 in order that he could develop a mobile home park in said area The Council also adopted Resolution No 516 approving a preliminary plan for the RPUD After the City had the right -of -may land appraised, the developer requested the Council waive all fees related to the vacation This was denied. and Mr Nicholson has since not submitted the final plans nor responded to any communications nor given any indication that he wishes to pursue his proposal Mr Kanzel recommended that Ordinance No 1742 be repealed, along with Resolution No 516 Notion by Mr Rock, seconded by Mr Separovich, that the proposed ordinance repealing Ord No 1742 be adopted and given ORDINANCE NO 1817 Vote Ayes --Rock, Krebs, Separovich, Figenshow, 340 April 7, 1980 - - - - -continued Cleland, Kiel, Moore Notion carried Notion was then made by Mr Rack, seconded by Mr Separovich, that the proposed resolution (read by Mr Mansfield by title) cancelling Resolution No 516 be passed and approved and given RESOLUTION NO 598 Vote Ayes--Kribs, Separovich, Figenshcw, Cleland, Kiel, Moore, Rock Notion carried AN,RD OF BID - LID NO 189 Mr Ford gave a brief resume of the background of this LID which was for the construction of a waterline extension from the inter- section of Kingsway and Anaco Beach Road to the south corporate limits of the City, and discussed the bids received The lowest bidder withdrew his proposal and forfeited his bid bond and the next low bidder, Karvel Construction of Kent, Washington, agreed to do the fob for $88,200 including tax This was a low bid in comparison to the engineer's estimate, so staff investigated and learned that this bidder is very reputable and does good work Mr Ford ��«<i=4,aed the bid be awarded to Karvel Construction There followed dis- cussion concerning the financing of these LIDs with the current market It appears that smaller construction bonds are easier to finance than projects with large amounts Mr Kiel inquired whether or not it was wise to proceed with the project considering the present market and was advised that this particular LID was not too large to be financed locally Mr Khtaian advised the Council that when it came time to issue the LID revenue bonds, the City would have to pay whatever the market is at that time Notion by Mr Separovich seconded by Mr Moore, that the City accept staff's recommendation and award the bid to Karvel Construction for $88,200 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried RESOLUTION AUTHORIZING EkECC]TIC1N OF 1980 LABOR COMPACT WITH AFSCME Mr Olander advised the Council that the members of Local No 347 of the AFSCME had accepted the City's offer of a one-year contract at a 10% increase in wages and a dental plan amounting to 7% increase in fringe benefits He recommended the contract be ratified by Council City Attorney Mansfield read, by title, a resolution authorizing approval of the contract by the Mayor and the City Clerk -Treasurer Notion by Mr Cleland, seconded by Mr Kiel, that the resolution be adopted and given RESOLUTION NO 599 Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich Not n carried A RD OF BID FOR CEMETERY GRAVE LINERS Cemetery Director, Steve Colby, advised that this is the first time the City has advertised for bids for taus item to be purchased on a yearly basis rather than dust buying them as needed Requests for bids were sent to four vendors, but only one bid received from Skagit Vault of Mt Vernon in the amount of $69 00 per liner for a truck load of 10 liners This same price would prevail for the whole year for each truck load ordered He recommended this bid be accepted Motion by Mr Kiel, seconded by Mrs Kribs that the award be made to Skagit Vault as reccamtiended Vote Ayes -Cleland, Moore, Rock, Kribs, Separovich, Figens1m, Kiel Motion carried ORDINANCE ON LID NO 192 INTERIM FINANCING WARRANTS Finance DirectAr, George Khtaian, reviewed the history of this City-wide paving LID'and reminded the Council that construction bid was awarded to Marine Asphalt, Inc on Dec 17th, 1979 Construction is underway and payments must be made to the contractor There has been difficulty in obtaining interim construction financing, but with the help of the Bank of Anacortes and Foster and Marshall in Seattle, the Rainier National Bank offered a bid of 11 125% for the $330,000 in interest- bearing warrants This is the only offer the City has received and Mr Khtaian recommended it be accepted Mr Mansfield then read a proposed ordinance , authorizing acceptance of the purchase offer for revenue warrants on LID No 192 and setting the rate of interest on said warrants Motion by Mr Separovich, seconded by Mr Rock that the ordinance be passed and approved and given ORDINANCE NO 1818 Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried Council suggested that letters of appreciation be sent to the Bank of Anacortes and Foster and Marshall for their help in obtaining this financing There being no further business to come before the Council, meeting adjourned at915pm 1.�� 4CA4_1 Ida Rolph, Fecutive Secretary 9 F Mayor 341 April 21, 1980 Meeting called to order at 7 30 p m by Mayor Figenshow Members present were Bud Rack, Ray Separovich, Knute Figenshow, Tam Cleland, Charles Kiel, Ken Moore Karolyn Kribs was excused MIN= OF PREVIOUS MEETING Motion by Mr Rock, seconded by Mr Cleland, that the minutes of the previous meeting held on April 7, 1980 be approved as if read Vote Ayes --Rock, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried There was no correspondence and no one from the audience wished to speak on any item not on the agenda OLD BUSINESS -APPLICATION FOR CONDITIONAL USE PER UT FROM CHURCH OF CHRIST Mr Ken Kinzel, Community Development Director, advised the Council he had received a telephone call from the applicants requesting withdrawal of this application because the cost of cmplying with the requirements of the building code were prohibitive to their plans NEW BUSINESS - PUBLIC HEARTM CN PRMDOPM PLAT OF HIGff ANDS SOUTH (II) Mayor Figenshow briefly outlined the procedure for the public hearing and then declared a public hearing to be open to consider the preliminary plat of High- lands South Mr Kinzel showed a view foil map of the location of the proposed plat as being at the intersection of Whi.selt Lake Road and Haddon Road The area is zoned Residential -Medium which allows for single family dwellings, duplexes, triplexes and four-pleses The plat proposed 37 lots with two streets for ingress and egress ---one the extension of St Mary's Drive and the other to Haddon Road Home owners in'Highlands I, which is adjacent to the proposed plat, petitioned the Planning Commission objecting to the proposal of extending St Mary's Drive stating they felt the roadway was too narrow to carry the traffic generated by the 37 additional lots to be developed They suggested as an alternative that the existing St Mary's Drive end in a cul 'de sac and an open- ing be made to Whistle Lake Road at the east end of the proposed plat Mr Kinzel then enumerated eleven conditions proposed by the Planning Caiamission to be attached to any approval of the plat and three suggestions proposed by City staff in addition Mr Earl Biggness, 4217 St Mary's Drive, addressed the Council on behalf of the property owners in Highlands I and explained in more detail why they did not wish St Mary's Drive to go through the new plat He presented the Council with a series of photographs depicting the blind corners, narrow width, no sidewalks, etc of Highlands I and said that all indications were the projections were for an additional 200 cars per day using the roadway There followed considerable discussion of the pros and cons of the proposal and possible alternatives, the wishes of the developer, etc A representative of Danard Custom Homes, the developer, was present and answered questions of the Council Mr Dick Dildine expressed the opinion that the matter should be return- ed to the Planning Commission to iron out the problems and that both the Council and Planning Ccamassion should pay attention to the City's Ccanprehensive Plan, he didn't approve of the possibility of the City accepting money in place of a portion of the land required to be set aside for playgrounds or recreational purposes Mr Jim Wilson of 808 28th Street, suggested the Council look at the matter of access to the proposed plat in light of the time it would take emergency vehicles to reach it and also whether or not the City actually needed another development Mr Ford said the County had been contacted and their planning department had no objections to the proposal The concensus of opinion of the Council members was that they should wait for the recaimpndats ons of the City Traffic Safety Committee and discuss the whole proposal at their next study session with additional information from the Police and Fird Departments, etc Mayor Figenshow then declared the public hearing continued until the meeting of May 5, 1980 and asked it be added to the agenda for the study session of April 28, 1980 CONSIDERATION CF NATURAL GAS FRANCHISE ORDINANCE City Manager, Robert Olander, said the City has been negotiating the renewal of the franchise with the Cascade Natural Gas Corporation for the past several months, it was discussed in detail at a recent Council study session Because of present energy conditions and requirements, a 20 -year franchise was deemed aNr.Lup.Liate instead of a teen of 50 years, also, in order that the customer not be charged with the 2% franchise fee, the Business and Occupation ordinance be amended to eliminate the 2% credit against the franchise fee This ordinance cannot be ary�uval until it has been read at two successive Council meetings City Attorney Mansfield then read, by title, the proposed franchise ordinance granting to Cascade Natural Gas Corp a franchise for the purpose of furnishing the citizens of Anacortes with gas for light, heat, fuel or any other lawful purpose and the right to construct, main- tain and operate a gas plant and system for the manufacture and/or distribution of gas, and to lay gas pipes and mains in the streets, avenues, alleys, high- ways and other public places of the City, and specifying the limitations and 342 April 21, 1980 - - - - - - - continued conditions of such grant, and repealing the former franchise Ordinance No 806 The next reading would be on May 5, 1980 Councilman Moore said he had a few questions on this ordinance and requested it be added to tte study session agenda for April 28, 1980 ORDINANCE ADOPTING INTERIM JOINT SPHERE OF INFLUENCE POLICIES WITH SIQMT COUNTY Mr Olander said the concept of this proposed ordinance was originally suggested by the Skagit Regional Planning Council and, basically, outlines a notification procedure for both the City and County which allowed each agency to comment or make suggestions on proposed plans, policies, development standards, etc The present proposed ordinance is an "interim" document until a final ordinance can be drawn The County has adopted this interim ordinance Attorney Mansfield said he had revised the first paragraphlof the proposed ordinance so ti was easier to understand and then he read „ by title, the proposed ordinance Motion by Mr Separovich, seconded by,Mr Rock, that the ordinance be passed and approved and given ORDINANCE NO 1819 Under discussion Mr Dildine asked if there was any provision for making such in- formation available to the public Mr Olander replied that information of a more -or -less minor nature would be given to the Planning Commission and City Council on an informal basis, but information of a more major nature _ would be taken to the Planning Commission for their official recommendations to the Council before comments and/or recommendations were voiced by the Council to the County Councilman Kiel asked if this proposed procedure would change present procedures and Mr Olander replied it would not, it just formalizes the notification procedure so nothing is overlooked or missed Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried RESOLUTION AUTHORIZING ENGIN=UNG CONTRACT FOR INDUSTRIAL;AREA TRAFFIC SURVEY Mr Ford requested authority to execute a contract with Entranco Engineers, Inc to do a traffic study of the impact of Snelson Anvil in the urban renewal area The City obtained money through the CZM Section of the Dept of to do this study and sent a prospectus of the scope of work to various consultants in the traffic engineering field Four replies were received and it was determined that Entranco Engineers, Inc would be the most desirable firm to do the job The consultant will be paid on an actual cost basis plus a net fee not to exceed $14,000 The study should be com- pleted within 90 days after notice to proceed Motion by Mr Separovich, seconded by Mr Rock, that the resolution be adopted and given RESOLUTION NO 600 Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Separovich Motion carried PROPOSED JOINT CITY -SCHOOL DISTRICT GRANT APPLICATION FOR DEVELOPMENT OF SMILEY'S FIELD Mr Olander reviewed previous actions on. the possible dev- elopment evelopment of an area known as "Smiley's Field" stating that the City and the School District agreed to develop a master plan for such development, engaged a consultant, held two public parings and the resultant master plan calls for development in phases The School District is interested in developing 3 soccer fields, 2 softball/little-league fields and a hardball field as Phase One through a joint application to the Interagency Committee for Outdoor Recreation (IPC) Such application must be prefaced by a letter of intent by May 1st and the formal application by July, 1980 This is one of the goals in the City's Comprehensive Park Plan The total cost for Phase I is $547,136 If a grant was given by the IAC, it would be 75% and the remaining 25% $136,784) would come fran-the School District and the City equally - $68,392 each If the facility were constructed, the maintenance costs of approximately $10,000 per year would also be divided equally be, tween the City and School District Financing the project was not included in the 1980 budget of the City and would have to be allocated in the 1981 budget Mr Olander said that part could possibly came from the utility reserve funds (totalling $49,775) and part possibly fran 1981 revenue sharing or the general and Park funds for 1981 He also advised that the School District had offered to increase their matching share by the $18,167 due fro, the City and allow the City to repay thin by either added maintenance or cash payments over a year or two There followed a discussion as to the advisability of camai.tting the City's funds as described and most of the Council voiced the opinion that they did not believe it would be in the best interests of the City to rush into the development without having the funds set aside specifically for said pur- pose The Council instructed Mr Olander to contact the School District and impress upon them that the City still felt the project was a good one and that the City needs the facility, but the City does not have the money at present and does not wish to commit it from the 1981 budget until that budget is determined Mr Jim Wilson voiced the opinion that the City should go ahead with it as the cost would only increase Mr Preston Holton said he 343 April 21, 1980 - - - - - -continued felt that since the School Distract destroyed the former playfield on 29th Street, they should build a new one themselves AMM OF BID FOR SANITATION TRUCK AMID CHASSIS AND COMPACTOR Mr Dave Ford, Public Works Director, said that when bads were opened on April 3, 1980 for the truck cab and chassis and compactor, after analysis, the low bad was from Mack Trucks in a total amount of $46,255 47 He explained that bads were solicited for the truck and cofactor separately as well as together and, also, the City looked into the alternative of overhauling an old chassis This alternative dad not prove economical Has department also found that the cab and chassis proposed by Mack Truck included an exhause gass remission (EGR) system This system is required in California only and, because operators of engines with this system in Washington have experienced problems with it, City staff do not wish to have it Mr Ford recommended that the City accept the low bid from Mack Trucks with the Dempster compactor provided they can supply the vehicle without the EGR system and within the 30 days from acceptance Mr Ford adivsed the total cost is less than what was budgeted for this equipment Motion by Mr Rock, seconded by Mr Separovich, that the award be given to the low bidder, Mack Trucks, for $46,255 47 contingent upon then providing the equipment without the EGR system, with the Dempster Coapactor and within the specified 30 days Vote Ayes --Cleland, Kield, Moore, Rock, Separovich, Figenshow Notion carried RESOLUTION AUTHORIZING SIGNING OF TREASURER'S CEECKS AND WARRANTS Finance Director, George Khtaian, askd that the Council authorize new employee, Terry Brenneman, to sign Treasurer's checks and warrants in has absence Mr Brenneman replaced former City accountant, Richard Heffele Attorney Mansfield ready, by title, a proposed Resolution granting this authority Notion by Mr Kiel, seconded by Mr Rock, that the Resolution be adopted and given RESOIIJTION NO 601 Vote Ayes --Kiel, Moore, Rock, Separovich, Figenshow, Cleland, Notion carried RESOLUTION RE7000NIZING MUTUAL INTERESTS AND PLEDGING MUTUAL COOPERATION BETNMN THE CITY AND THE PORT OF ANACORT,ES As a more formal gesture to support the mutual interests and encourage mutual cooperation between the City and the Port of Anacortes, the proposed resolution was so drawn for the betterment of the community Mr Jim Pemberton, Engineering Supervisor, has been assigned to attend the Port meetings to express the City's interest and concerns Mr Mansfield read, by title, the proposed resolution and motion was made by Mr Rock, seconded by Mr Separavach, that the resolution be passed and given RESOLUTION NO 602 Vote Ayes --Moore, Rock, Separovich, Figenshow, Kiel, Cleland Notion carried APPOINTMENT TO HOUSING AUTHORITY Mayor Figenshow advised that the Housing Authority has recommended Ms Pat Kent to fall the position vacated by Mr Edd Ulrich Motion by Mr Kiel, seconded by Mr Rock that Ms Kent be appointed to complete the term of Mr Ulrich on the Housing Authority Vote Ayes -- Rock, Separovich, Figenshow, Cleland, Kiel, Moore Notion carried RESOLUTION AUTHORIZING APPLICATION UNDER COASTAL IMPACT PROGRAM OF THE WASH CZM PROGRAM Application has been prepared for funds (which are available under the Coastal Energy Impact Program of the Washington Coastal Zone Manage- ment Program) to purchase the Burlington Northern right-of-way along Guemes Channel The purpose of this purchase is to develop a multi-purpose trail along the shoreline and thus reclaim environmental and recreataona resource lost to coastal energy activity This is 1 5 males of right-of-way valued at $275,000 If the City should obtain this grant, no matching funds would be necessary from the City Mr Olander advised that even though the railroad has not yet agreed to sell the land, having the funds to purchase it would make them more receptive Proposed resolution was read, by title, by Mr Mansfield Motion by Mr Separovich, seconded by Mr Kiel, that the resolution be adopted and given RESOLUTION NO 603 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried RESOLUTION AUTHORIZING APPLICATION UNDER CEIP FOR "R" AVENUE Under the same N��y.LC,« as described above, the City of Anacortes is eligible to apply for funds for preventive maintenance on "R" Avenue caused by the activities of Snelson Anvil Corporation Mr Olander recommended presenting the application for a total of $100,000 The City's share of this project, if funded, would be $37,000 Mr Mansfield ready, by title, the proposed resulution author- izing the application Motion by Mr Kiel, seconded by Mr Cleland, that the resolution be adopted and given RESOLUTION NO 604 Vote Ayes-- Figenshow, Cleland, Kiel, Moore, Rock, Separovich Notion carried 344 April 21, 1980 - - - - - continued LEITER TO NORTHWEST AIR POLLUTION AUTHORITY Mr Olander then read a letter to the Northwest Air Pollution Authority asking that they give favorable ccnsider- ation to an application from Publisher's Forest Products for a variation from the visual standards of the Clean Air Act Motion by Mr Kiel, seconded by Mr Separovich, that the letter be sent as read Vote Ayes --Cleland, Kiel, Moore, Rock, Separovich, Figenshow Motion carried Councilman Moore asked if the report from the Recreation Dept concerning the increase in participation in the City's Recreation programs could not be made public It will be recapped in the next City Newsletter There was discussion of this year's spring City cleanup, more information will be presented at the next study session There being no further business to came before the Council, Mourned at955pm Ida Rolph, Executive -Secretary K S Fig ,Mayor May 5, 1980 /' I Meeting called to order at 7 30 p m by Mayor Knute Figenshow Reverend Jim Hardenbrook of the Southside Christian Church gave the invocation Rall call found present Bud Rock, Ray Separovich, Knute Figenshow,, Tan Cleland, Charles Kiel, and Ken Moore Karolyn Krebs was excused NMUTES OF PREVIOUS MEETING Notion by Mr Cleland, seconded by Mr Rock, that the minutes of the previous meeting held on April 21, 1980 be approved as if read Vote Ayes --Rock, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried CORRESPONDENCE Mayor Figenshow read a Proclamation nam,ng,the week of May 11th to May 17th to be Police Week and urging the citizens of the community to honor and show their appreciation to the Anacortes Police Department for their daily dedication and demotion to duty CITIZEN BEARINGS Ms Victoria Kenna, 810 7th Street, addressed the Council and said she strongly felt the community should do something about setting up a cooperative F.LULJ.LCLLLL for more efficient distribution of all kinds of food grown locally in the Skagit Valley to the local residents She was advised to contact city staff to learn possible procedures for setting up such a project OLD BUSINESS -CONTINUATION OF PUBLIC HEARING ON HICHIANDS DIVISION II Mayor Figenshow, stated that the Council still washed to discuss this project further and suggested this public hearing be continued to the next Council meetang so it might be disucssed at the May 12th study session Motion by Mr Separovich seconded by Mr Kiel that the Public hearing on Highlands Division II be con- tinued to the meeting of May 19, 1980 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock Notion carried SECOND READING OF NATURAL GAS FRANCHISE ORDINANCE City Attorney Mansfield read, by title, the proposed ordinance granting a franchise to the Cascade Natural Gas Corporation There followed a lengthy discussion concerning the differences between the franchise tax and the business and occupation tax It was explain- ed that the present City utility tax ordinance of 7% allows credit for the 2% franchise tax paid by the gas company leaving 5% to be paid by the consmiers Mr Moore felt this should be lowered and moved that the proposed franchise ordinance be amended to call for a 3% franchise fee Seconded by Mr Kiel Under the question, after additional discussion, Mr Melvin Clapp, represent- ative of Cascade Natural Gas Corporation, replied to several questions of the Council concerning rates and charges and stated their company felt the fran- chise tax was discriminatory in that it was paid by all of their customers throughout the state even though they received no benefits from it, that out of 64 service areas in Washington, only 13 other cities charged a franchise 345 May 5, 1980 - - - - - - - - -continued fee, and only 2 of that 13 charged 3%, all the rest were 2% Further, that at present there is a case before the State Utilities Commission asking that the franchise tax be treated the same as the business and occupation tax Mr Moore said the company's arguments were well taken, but he felt the Council should be looking at providing services to the citizens of Anaoortes at the least possible cost Vote Ayes --Moore, Separovich No--Figenshow, Cleland, Kiel, Rock Motion failed Notion was then made by Mr Cleland, seconded by Mr Separovich, that the Ordinance granting the franchise to Cascade Natural Gas Corporation be approved as written and given ORDINANCE NO 1820 Vote Ayes --Cleland, Kiel, Rock, Separovich, Figenshow No --Moore Notion carried NEW BUSINESS - RESOLUTION AUTHORIZING LEASE OF CITY BUILDING AT 6TH AND "Q" City Attorney, Mr Mansfield, explained the reason for this resolution was that a group of citizens, with the support of the Anacortes Police Dept , had formed a boxing club for young people, sanctioned by the AAU They needed a place for their activities and requested permission to lease the east half of the northerly portion of the old City shop building at 6th and "Q" Avenue Mr Mansfield read the proposed resolution granting the lease, by title, and Mr Rock moved and Mr Kiel seconded, that the resolution be adopted and given RESOLUTION NO 605 Vote Ayes --Kiel, Moore, Rock, Separovich, Figenshow, Cleland Motion carried RESOLUTION AUTHORIZING CONTRACT WITH OAK HARBOR FOR SALE OF NATER Finance Director, George Khtaian, advised Council that the water contract with Oak Harbor has been negotiated for 1980 and the only change is in the amounts for fixed and variable operating costs which are determined by the actual costs for providing the water The capital improvement charges are only negotiated every 5 years The contract also calls for the City to relocate the meter on the 10 -inch line to the vicinity of the Deception Pass State bridge Mr Ford explained this was to correct the present necessity of subtracting the water used by Anacortes customers on the north side of the bridge from, the Oak Harbor ball Future bills will be direct to Oak Harbor with no deductions Mr Mansfield then read, by title, the resolution authorizing execution of the contract Notion by Mr Separovich, seconded by Mr Rock, that the Resolution be adopted and given FTMIATICN NO 606 Vote Ayes --Moore, Rock, Separovich, Figenshow, Cleland, Kiel Notion carried ORDINANCE AMIENDING THE BUSINESS AND OOCUPATION TAX FOR NATURAL GAS Mr Olander explained that the existing ordinance for utility taxes levies a 7% tax on natural gas revenues collected in the City Because Cascade Natural Gas pays the City a 2% franchise fee, the utility tax (or business and occupation tax) is actually only 5% In order to clarify the situation, the utility tax ordinance is proposed to be amended to show that the utility tax on gas is only 5% It will not increase any tax rates Mr Mansfield read the pro- posed ordinance by title and Mr Separavich moved that the ordinance be passed and approved and given ORDINANCE NO 1821 Seconded by Mr Cleland Vote Ayes --Rock, Separovich, Figenshow, Clued, Kiel, Moore Motion carried ORDINANCE ESTABLISHING RESERVE FUND FOR PROPERTY PURCHASES AND SALES Previously, the City Council agreed that the funds received from, the sale of city property should be placed an a separate fund instead of an general funds, so there would be money available should the City wish to acquire land in the future Councilman Cleland said he did not feel the resolution should also allow use of the funds for such things as appraisals and surveys - but should be locked in more definitely for only the costs of acquiring property The City Manager pointed out that the Council has full control of the funds and that they could decide if such uses of the money were legitimate, Mr Rock agreed with this concept Attorney Mansfield then read, by title, the V.LyVuo=1 ordinance Motion by Mr Separovich, seconded by Mr Kiel, that the ordinance establish- ing the reserve fund for property purchases and sales be approved and passed and given ORDINANCE NO 1822 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried MUM OF BID FOR TRAFFIC SIGNAL AT COMMIWIAL AND 32ND Engineering Super- visor, Jun Pemberton, reviewed the background of the City's efforts to secure a signal light at the intersection of 32nd and CIAL.,��_lal which began an 1978 Final project approval was received in November of 1979 from the State Aid office in Seattle which administers the funding under the Federal Aid Mayor L.�W�J.La.« The State Department of Transportation prepared the plans which 346 May S, 1980 -continued ------------ were received in January of 1980 The City Engineering Department prepared the bidding documents and specifications, called for bids in late March and the bids were opened an April 16, 1980 The bids were from Signal Electric of Kent for $2,902 and General Service Electric of Bellevue for $41,675 Mr Pemberton recommended acceptance of the low bid stating that General Service Electric said they could start construction 10 days after the Notice to Pro- ceed The City's portion of the cost of the project has been budgeted in the 1980 budget Notion by Mr Kiel, seconded by Mr Rock, that the bid from General Service Electric in the amount of $41,675 be accepted Vote Ayes-- Figershow, Cleland, Kiel, Rock, Separovich No—Moore Motion carried REQUEST FOR ENCS AGi2EENJENT Public Works Director, Dave Ford, reviewed the circumstances surrounding the application for an encroachment agreement from Mr & Mrs Knutson They purchased a home at 1020 34th Street with an open carport and concrete slab already encroaching into tYe alley right-of- way and over the City sewer line They wish to enclose the carport and request the agreement with the City City was previously aware of the encroachment, but did nothing about it because it caused no problems The proposed agree- ment requires that the property owners will remove the encroachment building and slab if at any time the City wishes .it to be removed, at the expense of the property owner and with no liability to the City Motion by Mr Moore, seconded by Mr Rock, that the encroachment agreement be executed on behalf of the City Vote Ayes --Cleland, Kiel, Moore, Rack, Separovich No-- Figenshow Notion carried RESOLUTION ESTABLISHING PETTY CASH FUND FOR POLICE DEPT Finance Director, George Khtaian, explained to the Council that a petty cash fund which has been in operation since irmd-1979, but the Police Department needed a resolution to create the separate fund required by the state audit requirements Mr Khtaian recommended the proposed resolution be approved Mr Olander added that the funds had been approved in the 1980 budget and that the auditors have examined the accounting procedures for the fund and have approved it Mr Mansfield then read, by title, the resolution creating the Petty Cash Fund for the police department Motion by Mr Kiel, seconded by Mr Rock, that the resolution be adopted and given RESOLUTION NO 607 Vote Ayes -- Kiel, Moore, Rock, Separovich, Fi.genshow, Cleland Notion carried. DISCUSSION OF RAILPQAD DEPOT PROPERTY City Manager, Robert Olander, stated that a group of citizens of the City have expressed the wish to acquire the old Burlington -Northern railway depot in order to convert it to an arts and cultural center They have proposed that if the City would purchase the property, they would rehabilitate the building for use ascan art gallery or other displays, etc Mr Olander said there had been discussion for use of the NlQj,_.L Ly for several different things including as a parking lot for downtown shoppers, business employees parking, visitors to the depot facility, or parking for users of the multi. -purpose trail along Guemes Channel if it is developed, or for riders of the steam railway .if it is developed, or for a park and ride lot for the bus transit system if it passes this fall There would be considerable expense to'grade, fill and pave the lot for such a use Mr Olander then enumerated'same ways such a purchase could be financed including a possible LID paid by benefitting businesses, or an LID paid only by the City, or by the City from generals revenues (helped by parking fees) , or fran the property acqui.stion and sale fund of the City Mr Olander stated he had reached no concluding recommendations on the matter, but was merely presenting the proposal for Council's consideration Mayor Figenshow said he felt a project such as this should not be put ahead of the goals previously set for the City Mr Separovich said he felt the City should acquire the property and that it did have possibilities for the downtown area Mr Frank Radecke, from the audience, asked to be heard and stated as follows The City already has a museum and two theatres ready and waiting, he and his wife had worked for the Anacortes Arts and Crafts Foundation for 4 years and it was his experience that less than 1% of the population of the City contributed to any of their activities and when it came to raising funds and selling tickets, less than 2% of the population participated The present proposal to purchase the r.Ly� Ly and establish such an art center is certainly not critical to the camramity He stated that the present building is a "Mass of junk" There are many other things that would benefit all of the community, not just 1% or 2%, such as pro- tection for the water treatment plant against flooding, better water dis- tribution system, upgrading of the sewage treatment facilities already 1 1 1 34'7 May 5, 1980 continued - - - - - - - - - - - facing the City, the by-pass road to the west end of the City which would benefit a great many residents, more traffic controls, more police pro- tection, the imminent necessity of the expansion of the hospital which is a critical facility to the whole community He further stated he felt the Council must address maximum ca runty benefits with our tax dollars and should stick to the priorities already agreed upon and abandon any thoughts of something that is of such a small benefit to the community Mr Kiel asked Mr Radecke to enlarge on his statement that the building was a mass of junk and Mr Radecke replied that when he worked for Snelson- Anvi.l and that company leased the building for a warehouse for 3 years, it was necessary'to patch up holes in the walls and floor in order to use it The basement is full of water, these is no plumbing, no heating system, only an absolute minimum. of power available, the interior trim has been stripped off by vandals At one time, it was estimated that $75,000 would put it into useable condition At today's prices, the estimate wo»ld be between $125,000 and $150,000 Mr Rock agreed with the last statement Mr Separovich didn't agree and said he thought it was a historical mon- ument Mr Cleland said he felt the funding options were not feasible Mayor Figenshow asked if the pro -depot group would like to respond to M:r Radecke and Jack Mayer addressed the Council He agreed with Mr Radecke's statements concerning the few number of people wno participate in such activities as are proposed and said Mr Radecke was also correct in his statement concerning the renovation of the building, but the ASCF was not broke, they budgeted their funds yearly Mr Cleland asked Mr Mayer if they had any specific plans to raise the money for renovation and Mr Mayer replied it would be a challenge to the community, but he believed it could be done, that there were possible grants for this type of restoration and they would apply for them He was asked if the community could purchase the land without the help of the City and Mr Mayer said he believed the City should participate and that there were a number of reasons it should be a city -owned piece of property Mr Moore said he felt the proposal would be a good thing to do, but that the immediacy did not seen as great as indicated by Mr Mayer Mr Mayer replied that the Burlington Northern has said that now is when it is available and if it is not acted upon, the building could very well be lost as retaining it as a historical site for the City He feels Burlington -Northern is anticipating a response right away Mr Olander said the only mention he had frau Burlington Northern was frau Mr Gordon, the head of the Property Division, and the urgency was only whether the City would oppose a restaurant in the location Burlington Northern has not yet indicated that they would be willing to sell the property at all Mr Figenshow then suggested that a Council committee meet with Dir Olander and representatives of the Burlington - Northern to determine if there is any great urgency or deadlines to meet The Council committee will consist of the Mayor, Mr Moore and Mr Separovich 12TH STREET SICMMLIZATION There followed a general discussion concerning the changes in the traffic channelization and street lights constructed at 12th and Commercial The addition of a southbound, left -turn lane on Commercial caused sere concern about safety and feasibility of design Mr Ford advised the plan was devised by the State highway department, Safeway, Inc paid for the new signalization and the state is inspecting the work. The City staff feels the plan is the safest possible and has approved it Mr Separovich said he wished to go on record as not believing the City is "locked in" with the State Highway Department IOGGING OF TIMBER IN OR NEAR CITY Councilman Cleland said he had learned of a land clearing operation behind the Mt Erie School and wondered why the Council had not been informed of it Mr Ford said the people had came to the City and complied with all requirements of the City land clearing and grading ordinance, got their permit, had a permit from the Department of Natural Resources and had proceeded with their pro3ect The area was 10 acres The ordinance does not require that Council be notified or involved, however, if they wish to be notified, the staff certainly can give them the information when such applications are made COMNB'= FOR SELEMCN OF CONSULTANT Mr Olander requested the Council name a committee to help work on the selection of a consultant for the wastewater treatment pro3ect at the water treatment plant Mayor Figenshow named Bud Rock and Ton Cleland LUM May 5, 1980 - - continued - - - - - - - - Fire Chief Kittle then introduced the new Chief Paramdei.c, John Murphy, who started with the City on May 5, 1980 Council and staff welcomed Mr Murphy Manager Olander then presented an final foam the booklets setting forth the goals and objectives of the City determined by Council and staff Mr Olander suggested the Council review these goals and objectives in order to keep them in mind and stated that status reports on them urill be given to the Council every two months There being no further business to cane before the Council, meeting adjourned at 10 15 p m I4RohXJ , EZcuti a �ecretary May 19, 1980 K S F 7, Mayor Meeting called to order at 7 30 p m by Mayor Knute Figenshow Roll Call Present were Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshovr, Tom Cleland, Charles Kiel, and Ken Moore MINUTES OF PREVIOUS MEETING Motion by Mr Rock, seconded by Mrs Krebs, that the minutes of the previous meeting held May 5, 1980 be approved as if read Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried CORRESPONDENCE There was no correspondence to be considered by the Council CITIZEN HEARINGS Mayor Figenshow invited anyone from the audience who wished to discuss a subject not on the agenda to address the Council Mr Leonard Newsham, 2001 Bradley Drive, thanked the Council and City staff for promptly taking care of the problem on the Kempthorn property at the intersection of Ferry Terminal Road and Sunset Mr Dave Phipps, 2720 Oakes Avenue, suggested that the Council give consideration to the construction of an all-weather boat launch facility in the area dust south of the Snelson-Anvil pier in the urban renewal area on Fidalgo Bay - if and when the property might again become free and clear He said many residents of Anacortes would appreciate such a facility which could be used more or less all year round and pointed out that Washington Park launching facilities could not be used during northerly and westerly storms in the wintertime OLD BUSINESS CONTINUATION OF PUBLIC HEARING ON HIGHLANDS,SOUTH (DIVISION II) Mayor Figenshow declared the public hearing to be open for consideration of the preliminary plat of Highlands South Public Works Director, Dave Ford, briefly reviewed previous actions on the matter and the recommendations of the Planning Commission on the matter and the recommendations of City staff which were that the proposed plat be approved subject to the 12 conditions suggested by the Planning Commission with the exception of No 9, that the protective covenants for Highlands South stipulate single family residences or duplexes only, that the item of dedication of park area be land only in lieu of payments, that the proposed plat have access from three existing roads, i e St Mary's Drive, Whistle Lake Road and Haddon Road Mr Ford also re- viewed the City's serving the plat with utilities and the alternate proposal of a "breakaway" emergency access on St Mary's Drive which would block St Mary's Drive to through traffic This would be acceptable to the Traffic Safety Committee Mr Ford then showed a view foil of the plat re -drawn to how the 3 separate accesses, the 10% parkland and the proposed phasing plan which is along Whistle Lake Road The development is proposed in two phases and to have a total of 31 lots The parkland area is approximately 27,700 square feet in area Mr Ford said the staff recommended, if phasing was allowed, that all right-of-ways shown in the plat be dedicated at the time of the final plat of Phase I and that all roadways be improved at the time of Phase I he also recommended that the City take cash payment in lieu of land or that the developer agree to form a Home Owners Association and ded- icate the parkland to that Association There followed a lengthy and detailed discussion of all of the above mention- ed items with the developer, Mr Danard, answering questions of the Council and explaining his reasons for wishing development in phases The first i 1 349 May 19, 1980 - - - - - - - - continued Karolyne Kribs then moved that the plat be approved with the following con- ditions all recommendations to the Planning Commission listed in the staff's memorandum of March 6, 1980 with the exception of number 9 pertaining to the playground area, and that the playground area be dedicated to the Home Owners Association for Highlands South by the developer, that the access to the plat be as shown on the proposed plat, from Haddon Road and from Whistle Lake Road with the emergency access on St Mary's Drive, and that the roadway through the plat shown as Haddon Lane be paved during the construction of Phase I Motion was seconded by Mr Separovich Under discussion, it was pointed out that if the inside roadway, Haddon Lane, were to be paved before development of that area, it would probably have to be torn up to put in utilities, etc and thus be a waste of money Vote Ayes--Kribs, Separovich No--Figenshow, Cleland, Kiel, Moore, Rock Motion failed Motion was then made by Mr Kiel, seconded by Mr Separovich, that the pre- liminary plat of Highlands South be approved subject to (1) the conditions listed in the staff's memorandum of March 6, 1980 with the exception of numbers 2 and 9, (2) access from St Mary's Drive with a breakaway barrier, two accesses - one from Haddon Road and one from Whistle Lake Road, (3) the easterly portion of Haddon Lane be brought up to minimum street specifications during construction of Phase I, (4) the parkland be waived and that a cash payment in lieu thereof be accepted by the City, and (5) the whole development not contain more than 31 lots Under the discussion, Councilman Moore moved for an amendment to Mr Kiel's motion that the parkland be dedicated to the Home Owner's Association for development Seconded by Mrs Kribs Vote on the amendment Ayes--Separovich, Figenshow, Cleland, Moore, Rock, Kribs No --Kiel Amendment carried Vote on the original motion Ayes--Figenshow, Kiel, Moore, Kribs, Separovich No --Cleland, Rock Motion carried NEW BUSINESS RESOLUTION NAMING OFFICIAL NEWSPAPER City Attorney Mansfield said that to comply with State law, bid had been called for publication of City legal notices and only one received from the Anacortes American which he recommended the Council accept He read a proposed resolution, by title, accepting the bid and naming the American as the City's official newspaper Motion by Mr Kiel, seconded by Mr Separovich that the resolution be adopted and given RESOLUTION NO 608 Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried RESOLUTION AUTHORIZING AMENDMENT TO WATER CONTRACT WITH SHELL OIL COMPANY Finance Director, George Khtaian, briefly reviewed the amendment to the water contract with Shell Oil Company stating the only changes are for fixed and variable operating costs which are determined by the actual costs for pro- viding the water The capital improvement charges remain the same Attorney Mansfield read, by title, a resolution authorizing execution of the contract Motion by Mr Kiel, seconded by Mr Separovich that the resolution be adopted and given RESOLUTION NO 609 Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried phase would be 16 or 17 lots It was brought out that the present residents of Highland I were saitsfied with the present proposal From the audience, Mr Dick Dildine, 1211 6th Street, questioned the size of the lots and was advised that duplexes could be built on 7,500 square foot lots and the engineering department verified that all ots were more than that dimension Mr Dildine said he didn't feel the City should take money in lieu of the parkland Mr Bill Stitt, 4107 Mitchell Drive, remarked that his experience in dedicating land for a common area to a Home Owners Association has been good and he recommended that mini. -parks be dedicated to home owners and letting them take care of them Mr Ford then gave the results of the traffic counts taken at Whistle Lake Road and Fidalgo Road which indicated more traffic than had been estimated Mr Pres Holton, 2320 11th, questioned the necessity of a lift station which requires a lot of maintenance by the City Mr Earl Biggness, 4217 St Mary's Drive, representing the Home Owners Association of Highlands I, indicated that organization liked the present proposal but would like to see the land dedicated to the Home Owners Association of Highlands I developed Mr Newsham again discussed the zoning which is RM and allows duplexes on 7,500 square foot lots Mr Dildine again addressed the Council and said he feels that it is an imposition on the City to grant blocks to through traffic and all taxpayers will have to pay for the lack of through access Mayor Figenshow then declared the public hearing closed Karolyne Kribs then moved that the plat be approved with the following con- ditions all recommendations to the Planning Commission listed in the staff's memorandum of March 6, 1980 with the exception of number 9 pertaining to the playground area, and that the playground area be dedicated to the Home Owners Association for Highlands South by the developer, that the access to the plat be as shown on the proposed plat, from Haddon Road and from Whistle Lake Road with the emergency access on St Mary's Drive, and that the roadway through the plat shown as Haddon Lane be paved during the construction of Phase I Motion was seconded by Mr Separovich Under discussion, it was pointed out that if the inside roadway, Haddon Lane, were to be paved before development of that area, it would probably have to be torn up to put in utilities, etc and thus be a waste of money Vote Ayes--Kribs, Separovich No--Figenshow, Cleland, Kiel, Moore, Rock Motion failed Motion was then made by Mr Kiel, seconded by Mr Separovich, that the pre- liminary plat of Highlands South be approved subject to (1) the conditions listed in the staff's memorandum of March 6, 1980 with the exception of numbers 2 and 9, (2) access from St Mary's Drive with a breakaway barrier, two accesses - one from Haddon Road and one from Whistle Lake Road, (3) the easterly portion of Haddon Lane be brought up to minimum street specifications during construction of Phase I, (4) the parkland be waived and that a cash payment in lieu thereof be accepted by the City, and (5) the whole development not contain more than 31 lots Under the discussion, Councilman Moore moved for an amendment to Mr Kiel's motion that the parkland be dedicated to the Home Owner's Association for development Seconded by Mrs Kribs Vote on the amendment Ayes--Separovich, Figenshow, Cleland, Moore, Rock, Kribs No --Kiel Amendment carried Vote on the original motion Ayes--Figenshow, Kiel, Moore, Kribs, Separovich No --Cleland, Rock Motion carried NEW BUSINESS RESOLUTION NAMING OFFICIAL NEWSPAPER City Attorney Mansfield said that to comply with State law, bid had been called for publication of City legal notices and only one received from the Anacortes American which he recommended the Council accept He read a proposed resolution, by title, accepting the bid and naming the American as the City's official newspaper Motion by Mr Kiel, seconded by Mr Separovich that the resolution be adopted and given RESOLUTION NO 608 Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried RESOLUTION AUTHORIZING AMENDMENT TO WATER CONTRACT WITH SHELL OIL COMPANY Finance Director, George Khtaian, briefly reviewed the amendment to the water contract with Shell Oil Company stating the only changes are for fixed and variable operating costs which are determined by the actual costs for pro- viding the water The capital improvement charges remain the same Attorney Mansfield read, by title, a resolution authorizing execution of the contract Motion by Mr Kiel, seconded by Mr Separovich that the resolution be adopted and given RESOLUTION NO 609 Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried 350 May 19, 1980 - - - - - - continued RESOLUTION AUTHORIZING CONTRACT WITH SCHOOL DISTRICT ON JOINT MAINTENANCE FACILITY Attorney Mansfield explained this is a housekeeping measure brought about when the State auditors found that no formal agreement had ever been executed by the City and the School District concerning the sharing of operational costs of the point faility which was constructed some time ago He then read, by title, the proposed resolution authorizing the execution of the Agreement between the City and the School District The operational costs are shared based on the percentage of use of the building Motion by Mr Separovich, seconded by Mr Rock that the resolution be adopted and given RESOLUTION NO 610 Vote Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried REQUEST FOR STREET ENCROACHMENT AGREEMENT WITH WASHINGTON FEDERAL SAVINGS AND LOAN Mr Ford stated the City had received an application for permission to encroach into the right-of-way of 11th Street on the north side from Com- mercial Avenue to "Q" Avenue The purpose of this encroachment is to extend their parking area in front of their new bank building to be constructed on said site Mr Ford Said Washington Federal was aware that if the City should wish to use the right-of-way at any time, they would have to remove all improvements at their own expense He saw no problems with allowing this encroachment and recommended the agreement be approved Mayor Figenshow observed that eh could see no reason why the bank should have to use City right-of-way for their parking, that it appeared they already had sufficient property, Councilman Kiel said that with 11th Street already in place and the plans showing a new sidewalk, he could see no reason why it should not be used as requested, Councilman Separovich said he felt the matter should be discussed at a study session and Councilman Cleland thought there should be more of a reason for asking for the use of the property Motion by Mr Separovich, seconded by Mr Cleland, that the matter be carried over to a study session on May 27th Vote Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried CONTRACT FOR ENVIRONMENTAL IMPACT STATEMENT ON WEST END ROAD PROJECT Mr Olander said that the proposed contract with the Environmental Analysis ' Consultants to prepare an Environmental Impact Statement on the City's west end road project was brief, but it referenced accomplishing the specific EIS requirements in the State Environmental Policy Act which specifies what is required in an EIS Mr Olander further observed that the actual work done to prepare this document would be advantageous toward the City's plans for the project Motion by Mr Separovich, seconded by Mr Kiel, that staff be instructed to enter into the contract for the EIS with the Environmental Analysis Consultants at a cost of $3,800 Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel No --Moore Motion carried FINAL PLAT FOR DIVISION 19, SKYLINE Mr Ford reviewed the following the preliminary plat for Skyline Division 19 was approved by the City Council in Sepatember of 1979 This approval was subject to 7 conditions imposed by Council He stated that all of the conditions have been met, the restrictive covenants also have been received and reviewed by staff and the City Attorney and found to be in order He then briefly described the plat as proposed and showed a view foil of the final proposed plat which indicated one change from the preliminary plat That change was the location of the cul'de sac at the end of the private road It was shifted to the west at the request of the developer The right-of-way and paving diameter for the cul'de sac remain the same as prescribed in the Subdivision Code Mayor Figenshow requested that the covenants be read Mr Ford did so The covenants were, briefly (1) the area designated as Hughes Lane will be constructed by the developer and then be maintained by the City, (2) the area designated as Skyline Way shall be constructed by the developer and thereafter be maintained by the developer to City standards, (3) The City is granted easement rights for main- taining, repairing, replacing and incidental purposes for any and all utilities placed upon the property, (4) the City is granted the right to maintain fire lanes along Hughes Lane and Skyline Way and to enforce parking restrictions on said roadways, (5) developer shall construct street lighting on both roadways and thereafter shall be responsible for the maintenance and utility costs along the portions of said roadways that are not public Mr Ford said that since the subdivision ordinance requires that either all improvements be installed or that they be bonded to the satisfaction of the City, the developer wished to bond the improvements so that the final plat could be approved by Council and filed with the County He recommended the Council approve the final plat as proposed with the condition that the bond- ing be submitted prior to signing the final plat 1 1 351 May 19, 1980 ---------continued There followed considerable discussion concerning all of the aspects of this proposed plat with comments from Dick Chapin, attorney for the developer, members of the audience and staff and Council Mayor Figenshow then declared a 10 -minute recess so that the Council could view copies of the final plat which Mr Ford had received shortly before the meeting At 10 15 p m meeting resumed and Mr Chapin was asked if he could advise the Council about any plans anticipated for the lots Mr Chapin replied he did not have any knowledge of any plans for the specific lots, but whatever was proposed after a lot was sold would be under City regulations because as well as the zoning regulations, there was the Shorelines Development Master Plan and Shore- lines Substantial Development Permit regulations, building permits, etc After additional discusision, motion by Mr Separovich, seconded by Mr Kiel, that the final plat of Division 19 in Skyline be approved as presented subject to the submittal of the improvement bond and the seven conditions imposed by the Council when they approved the preliminary plat on September 17, 1979 Vote Ayes-- Kribs, Separovich, Kiel, Moore, Rock No--Figenshow, Cleland Motion carried PUBLIC IN -PUT ON PROPOSED WASHINGTON PARK PILINGS AND FLOAT IMPROVEMENTS FOR APPLICATION FOR GRANT FROM IAC Park Director, Steve Colby, said that one of the requirements to finalize the grant application to the IAC is a site plan that has been approved by the City Council as well as the Park Commission and that has been reviewed by the general public It is also required that an open meeting be held to allow the public to express their views and concerns about the site plan or application Mr Colby showed a view foil of the site plan which noted the proposed location of the floats and pilings in relationship to the launch ramp along with a typical elevation cross section He asked for comments from the Council and public and recommended, if there were no mayor changes, that the Council approve the proposed site plan for submission to the IAC Mr Dave Phipps was in favor of the project and said his only concern was that the distance between the inside float and concrete ramp should be as little as possible Mr Colby said his comment was well taken and that the intention was to place the pilings as close as possible to the ramp Mr William Stitt, as Chairman of the Chamber of Commerce Maritime Committee, said that that committee wholly approved of the project After some additional discussion concerning the use of the new facilities, motion by Mr Separovich, seconded by Mr Rock, that the Council approve the proposed site plan for submission to the IAC Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried AGREEMENT BETWEEN CITY AND U S DEPT OF AGRICULTURE SOIL CONSERVATION SERVICE Mr Olander explained that the City's Forest Management Committee had determined that the U S Soil Conservation Service could (and would for a modest fee) furnish the City with a detailed forest management plan compatible with aesthetic, recreational and wildlife objectives of the City This agency thus would provide the information and plan which originally was thought would have to be done by an independent consultant at a large fee The Soil Conservation Service has agreed to do it for $1,000 plus some per diem expenses for their people while the work is being done Mr Olander recommended the Agreement be entered into Motion by Mr Kiel, seconded by Mr Rock, that staff be authorized to execute the agree- ment with the Soil Conservation Service for the work desired Under discussion, Mr Cleland asked if the whole committee thought this was a good idea and he was informed that they did that the committee initiated it, had reviewed the document and agreed with it Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich Motion carried Mr Olander then asked that all Council members who intended to go to the Assoc- iation of Washington Cities conference in June to please get in touch with his office Mayor Figenshow then asked Council to remain for an executive session to discuss some offers on city property There being no further business 1035 pm Ida Rolph, Executi Secretary to come before the Council, meeting adjourned at K S tigerYsho , Mayor 352 June 2, 1980 Meeting was called to order by Mayor Figenshow at 7 30 p m The invocation was given by V John Backman, Pastor of the Westminster United Presbyterian Church Roll Call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Charles Kiel Tom Cleland and Ken Moore entered shortly thereafter MINUTES OF PREVIOUS MEETING Mayor Figenshow pointed out an error in the minutes of the meetingof May 19 1980 on ' y , page 2 concerning the vote on the resolution authorizing the execution of the Shell Company water contract Mr Figenshow abstained from the voting and did not vote as shown in said minutes Motion by Mr Separovich, seconded by Mrs Kribs, that the minutes of'the meeting of May 19, 1980 be approved with the correction as noted by Mr Figenshow Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried CORRESPONDENCE There was no correspondence to be read, but City Manager Olander announced an Open House to be held on the evening of June 12, 1980 from 7 00 p m to 9 00 p m at the Municipal Building The purpose is to invite public in- spection of the remodeling of the City facilities and everyone is urged to attend CITIZEN HEARINGS There was no one who wished to speak on any item not on the agenda OLD BUSINESS REQUEST FOR ENCROACHMENT AGREEMENT FROM WASHINGTON FEDERAL SAVINGS AND LOAN This item was briefly reviewed by Public Works Director, David M Ford, who showed a view foil of the proposed new banking facility on 11th Street between Commercial Avenue and "Q" Avenue The request for permission to extend their parking 8 feet into the parking strip along the north side of 11th Street was reviewed by staff and, according to the City code, they are required to have between 23 and 26 parking stalls If the encroachment is granted, they would have 31 stalls The Engineering Department had no objection to granting the encroachment, and recommended execution of the agreement There were no questions from the Council, but the following comments were made Mayor Figenshow said he felt no encroachments should be granted unless they were necessary and Washington Federal had sufficient property to the east of their building for additional parking spaces Mr Separovich saw no objection to the encroachment and felt that the additional property to the east would be better used for some other enterprise Mr Rock said he felt the development would benefit the City and the Council should grant the encroachment Motion by Mr Kiel, seconded by Mr Rock, that the City enter into the encroachment agreement with Washington Federal Savings and Loan for the use of the 8 feet of the parking strip bordering the south perimeter of their property as shown on the view foil drawing Vote Ayes--Kribs, Separovich,'Kiel, Moore, Rock No--Figenshow, Cleland Motion carried NEW BUSINESS - RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT FOR A CONCESSION IN WASHINGTON PARK WITH YOUTH DYNAMICS Manager Olander briefly outlined the request from Youth Dynamics to place and operate a concession stand at Washington Park during the months of June, July, August and September Park Director, Steve Colby, researched the matter and developed criteria on which to base an agreement The City Attorney drew up an Agreement which included the percentage of gross to be charged, the duration of thellicense and cost thereof, the abiding by all rules and regulations of the City Park and Recreation Commission, etc , to furnish public liability insurance and in- demnify the City against any and all liability or claims or other loss of any kind to comply with all health regulations and keep the area clean and neat, etc no intoxicating beverages permitted to be sold, etc The matter was discussed by Council at a previous study session Staff recommended the City enter into the Agreement Mr Olander then read, in the absence of the City Attorney, by title the resolution authorizing the Agreement Motion by Mr Separovich, seconded by Mr Cleland, that the resolution be adopted and given RESOLUTION NO 611 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SCHOOL DISTRICT Since 1973, the City of Anacortes has entered into a contractual agreement with the School District to jointly provide recreational opportunities for the citizens of Anacortes Briefly, the City provides the leadership, instruction and admin- istration of the programs and the School District provides necessary facilities Mr Olander advised that this year a clause had been added allowing the School District use of City facilities as a reciprocal privilege,for school -authorized functions Also, the City has agreed to pay the sum of $225 per year for the use of gymnasium equipment to help pay for the replacement thereof These are the only changes in the agreement Mr Olander then read, by title, a resolution authorizing execution of the proposed agreement Motion by Mr Separovich, seconded by Mrs Kribs, that the resolution be adopted and given RESOLUTION NO 612 Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich Motion carried 353 June 2, 1980 - - - - - -continued ORDINANCE ADOPTING OPTIONAL MUNICIPAL CODE Mr Olander gave a background review of the system followed by the State of Washington in the governing of cities For many years, cities were classified according to their population and each class had to abide by a certain set of laws determined by the State Cities could only do what the state authorized them to do and local powers were restricted A few years ago, an alternative framework of laws was devised under which cities could operate This reversed the traditional trend and now 98 Washington cities have adopted the "Optional Municipal Code" in order to have more home authority The change does not cause any dramatic changes in local government, but does provide more flexibility for the City to take care of its own problems The ninety -day waiting period is now up since the City Council adopted Resolution 580 declaring the Council's intention to change the classification from a 3rd Class City to a non -Charter Code City The 90 -day period was for the citizens to file a petition requesting an election on the matter if they wished No such petition was filed There followed a brief discussion on the pros and cons of changing from a 3rd Class City to a Non -Charter Code City and operating under the Optional Municipal Code Mr Olander then read, by title, a proposed ordinance adopting for the City the classification of Non -Charter Code City under the laws of the State of Washington, saving rights The effective date of the ordinance would be the 1st of July, 1980 Motion by Mr Rock, seconded by Mr Moore, that the Ordinance be passed and given ORDINANCE NO 1823 Under the question, from the audienre,Mr Dick Dildine asked whether the public would have the right of petition (not previously granted) under the,Optional Municipal Code form of government Mr Olander was unable to reply definitely and referred Mr Dildine to Mr Mansfield, the City attorney, but he did refer to the opinions of the Municipal Research Division of the Association of Washington Cities which body states it is the most predominant form of government in the State of Washington Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried PUBLIC HEARING ON FINAL ASSESSMENT ROLLS - LID 189 and LID 192 Mr Ford advised that both of these LIDS have been completed and are ready for establishment of a final assessment roll He suggested the date of July 7, 1980 be set for public hearings on said final assessment rolls Motion by Mr Rock, seconded by Mr Separovich, that July 7, 1980 be set for such public hearings Vote Ayes -- Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried ORDINANCE INCREASING ADVANCE TRAVEL EXPENSE REVOLVING FUND Mr Olander reminded the Council that a few months ago the State Auditors required the City to establish a travel expense fund This was done and, at that time, it was estimated that $2,000 would be sufficient It has now been determined that such sum is not enough to carry through the year The proposed ordinance increases the fun to $3,000 - it does not allow any more travel or increase the budget in any way Finance Director, George Khtaian, explained in more detail why the additional money was needed to insure there would be no overdrafts in the fund Mr Olander then ready, by title, the proposed ordinance increasing the travel fund from $2,000 to $3,000 Motion by Mr Separovich, seconded by Mr Kiel, that the ordinance be passed and given ORDINANCE NO 1824 Under the question, Mr Moore asked if it was standard to completely repeal the former ordinance and create a new one rather than amending the old one He was advised that the City Attorney felt this was easier and removed the necessity of having to refer back from one ordinance to another to determine all information on an ordinance Vote Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried Mr Rock suggested the subject of the City being divided into Wards be discussed at a study session Mayor Figenshow directed it be added to the next study session agenda Mr Separovich urged all citizens to write to their representatives and to the State Highway Department concerning additional traffic lights on Commercial Avenue The matter of insufficient parking near the State ferry terminal on weekends and holidays was discussed Mr Olander read a letter he had written to the State Department of Transportation urging them to consider the matter and sending pictures of the cars parked illegally over the past Memorial Day holiday weekend Mr Figenshow said he felt a committee of local agencies should be formed to study the problem and give some positive alternatives From the audience, Mr Jim Rice, disagreed with the Council and said the problem could be best solved by discouraging the use of the ferries There being no further business to come before the Council, meeting adjourned at 8 30 p m r Ida Rolph, Executiv Secretary K S Figent", Mayor 354 June 16, 1980 Meeting called to order at 7 30 p m. by Mayor Figenshow Invocation was given by Reverend Al Baunsgaard of the First Assembly of God Church Roll Call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland Charles Kiel and Ken Moore were excused MINUTES OF PREVIOUS MEETING Motion by Mr Separovich, seconded by Mr Cleland that the minutes of the previous meeting held on June 2, 1980 be approved as if read Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland Motion carried CORRESPONDENCE Mayor Figenshow read a letter from the Washington State Criminal Training Commission congratulating the City's reserve officers on completion of their training and forwarding their certificates CITIZEN HEARINGS Mayor Figenshow asked if anyone in the audience wished to address the Council on any item not appearing on the agenda and there was no response OLD BUSINESS There was no old business to be considered by the Council Before taking up the new business, Mayor Figenshow requested all the new Police Reserve Officers to come forward and then he presented each one with his Certi- ficate of Completion of Training and congratulated each individual The Police Reserve Officers are Erling P Biggness, Richard W Hause, Diane Korterud, Joseph F LeBlonde, H Dean Maxwell and Bruce W Montour All present joined in a round of applause for the officers NEW BUSINESS PUBLIC HEARING TO CONSIDER AMENDING THE SHORELINE DESIGNATION FOR FLOUNDER BAY Mayor Figenshow announced that the attorneys in the amtter had requested this public hearing be continued to July and, therefore, he would open the Public Hearing with the request it be continued He then declared the Public Hearing to be opened Motion by Mr Separovich, seconded by Mrs Kribs, that the Public Hearing be continued to the meeting of July 21, 1980 Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Rock Motion carried RESOLUTION AUTHORIZING APPLICATION FOR LIBRARY MINI -GRANTS City Manager, Robert Olander, explained that the deadline for presentation of the application to the State Library Board occurred prior to Council meeting, that he had authorized Mr Everhart to go ahead and submit the application, that the State Board had reviewed it and denied it - presumably because there was not enough time to properly consider the application prior to the date set for the Arts and Crafts Festival in Anacortes upon which several activities proposed in the application hinged He asked the item be withdrawn from the agenda ORDINANCE REPEALING ANACORTES FIREWORKS ORDINANCE NO 1347 City Attorney, Stephen Mansfield, told the Council that he agreed with Fire Chief Little's memorandum in which Mr Little pointed out that the old Anacortes Ordinance No 1347 governing fireworks use, sale, etc is completely outdated and redundant since the State regulations contained in Chapter 202-16 of the WAC covers all phases of fireworks use, sale and manufacture Mr Mansfield read, by title, a pro- posed ordinance repealing Ordinance No 1347 and referring local regulation subject to the RCW 70 770250 regarding fireworks Motion by Mr Rock, seconded by Mr Cleland, that the proposed ordinance be passed and given ORDINANCE NO 1825 Vote Ayes--Separovich, Figenshow, Cleland, Rock, Kribs Motion carried Chief Little also recommended approval of an application from the Royal Rangers to sell fireworks for this 4th of July in the parking lot of the Prairie Market where they have previously been sold The approval of the Council is necessary in this instance because the newly -passed ordinance will not become effective until 5 days after its passage and publication The Office of the State Fire Marshall had issued a license to the Royal Rangers to sell fireworks from Jun3 28th to July 6th, 1980 Motion by Mr Separovich, seconded by Mr Rock, that the application be approved in accordance with the state permit Vote Ayes--Figenshow, Cleland, Rock, Kribs, Separovich Motion carried This is the last time the Council will have to consider such applications From now on, all applications will be taken care of by the Fire Chief RESOLUTION AUTHORIZING CONTRACT WITH CONSULTANT FOR CONVENTION CENTER FEASIBILITY STUDY City Manager Olander briefly reviewed the background leading to this request stating the Committee appointed by the Council had developed a work plan, set out requests for proposals, reviewed said proposals and interviewed representatives from the three most promising consultants The result was a recommendation to retain the firm of Harris, Kerr, Forster and Company to do the study The maximum cost for such a study was set at $15,100, however, if furing the course of the study, the consultant should find that the project is not practical, the committee has the option to discontinue the study and pay the consultant only for the work performed Mr Olander recommended the retention of the firm referred to above Mr Mansfield read, by title, a resolution authorizing award of the study contract to the firm of Harris, Kerr, Forster and Company for the purpose of determining the economic feasibility of a Public 1 1 1 355 June 16, 1980 - - - - - - - continued Convention/Conference Center in Anacortes Motion by Mr Separovich, seconded by Mr Rock that the Resolution be adopted and given RESOLUTION NO 613 Vote Ayes --Cleland, Rock, Kribs, Separovich, Figenshow Motion carried RESOLUTION AUTHORIZING SIGNING OF TREASURER'S CHECKS George Khtaian, Finance Director, explained that with a change in personnel, the instant resolution was to authorize Stan Nelson, City Accountant/Deputy Treasurer, to sign Treasurer's checks in the absence of Mr Khtaian Motion by Mr Separovich, seconded by Mrs Kribs, that the resolution (read by title by Mr Mansfield) be approved and given RESOLUTION NO 614 Vote Ayes--Rocl., Kribs, Separovich, Figenshow, Cleland Motion carried RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO TEXACO WATER CONTRACT Mr Olander stated the proposed amendment to the water contract with Texaco, Inc was the very same as the contract executed by Shell Oil Company The only changes are for fixed and variable operating costs which are determined by the actual costs for providing water Mr Olander recommended adoption of the resolution author- izing execution of the amendment to the contract Motion by Mr Cleland, seconded by Mr Rock, that the resolution be adopted and given RESOLUTION NO 615 Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Rock Motion carried RESOLUTION SETTING DATE FOR PUBLIC HEARING ON PETITION FOR VACATION Mr Mansfield said a petition for vacation of certain property, previously deeded as streets in the old Scott Paper Co site, had been received and would have to be consider- ed by the City Council at a public hearing He read, by title, a resolution setting the date of July 7, 1980 as the time for the public hearing Motion by Mr Separovich, seconded by Mrs Kribs that the resolution be adopted and given RESOLUTION NO 616 Vote Ayes--Separovich, Figenshow, Cleland, Rock, Kribs Motion carried RE -APPOINTMENT TO MUSEUM OF HISTORY BOARD Mayor Figenshow stated the term of Mr Paul Stratton on the Museum of History Board had expired and he recommended the re -appointment of Mr Startton Motion by Mr Separovich, seconded by Mr Rock that the re -appointment of Mr Paul Stratton be confirmed by Council Vote Ayes--Figenshow, Cleland, Rock, Kribs, Separovich Motion carried Mayor Figenshow announced that members of the San Juan Ferry Advisory Committee and the Skagit County Ferry Advisory Committee would be going to Olympia on June 17th to present testimony at a hearing regarding the international ferry runs They feel that there should be reduced service rather than complete termination of the run Mr Figenshow also announced that the subject of on - street parking for the public will be on the agenda for the July 7th meeting of the Council REQUEST FOR LATECOMER'S AGREEMENT From the audience, Mr Peter Liske addressed the Council and asked that they consider entering into a latecomer's agreement concerning utilities he plans to install in his development site on "B" Avenue In 1979, a petition for an LID was turned down by the Council and he now wishes to put in water service, but because it is a development proposal for service to up to 8 residential lots, he wishes a Latecomer's Agreement Mr Separovich suggested he bring all the .information concerning his proposal to a study session with the Council Mayor Figenshow pointed out that the Council had previously considered this kind of a request and had, informally, decided to do away with such agreements Mr Lzske said he felt as long as no formal policy had been adopted, he should be given an opportunity to present his proposal for con- sideration The Council said they had no objection to hearing the proposal and indicated it would be listed on they study session agenda for July 14, 1980 There being no further business to come before the Council, meeting adjourned at 8 05 pm jA, Ida Rolph, Exec ive Secretary fK S Fige sh , Mayor 356 July 7, 1980 Meeting called to order at 7 30 p m by Mayor Figenshow Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland Ken Moore was a few minutes late Charles Kiel was excused MINUTES OF PREVIOUS MEETING Motion by Mr Separovich, seconded by Mr Rock that the minutes of the previous meeting held June 16, 1980 be approved as if read Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Moore Motion carried CORRESONDENCE There was no correspondence to be read CITIZEN HEARINGS Mayor Figenshow asked if anyone in the audience wished to address the Council on any item not appearing on the agenda Roger Markham, Chairman of the Board of Trustees for the Anacortes Eagles, asked permission to block off 7th Street between Commercial Avenue and "Q" Avenue for their annual salmon bake on July 19th and 20th Permission was granted C OLD BUSINESS DOWNTOWN STRIPING AND PARKING City Manager Bob Olander briefly reviewed the background leading to the June 9th study session where Council discussed this matter with representatives from the business community and then directed that an ordinance be prepared for final action at the next regular Council meeting on July 7th City Attorney, Stephen Mansfield, read and explained the ordinance that had been prepared After general discussion, motion was made by Mr Moore to accept the ordinance, seconded by Mr Cleland Vote Ayes --Cleland, Moore, Figenshow Nayes--Rock, Kribs, Separovich Motion failed This item will be reviewed and studied at the next study session on July 14th NEW BUSINESS PUBLIC HEARING ON FINAL ASSESSMENT ROLL - LID No 189 Engineering Supervisor, Jim Pemberton, gave a review of the background leading to the LID and the work that was accomplished City Manager Olander briefly explained that this was a public hearing to hear protests and complaints as to whether or not the public felt they had been fairly assessed for the work completed The public hearing was then opened and Jr James Ostlund, 4717 Anaco Beach Road, stated his opposition to the LID Mr Ostlund felt that he had not been correctly notified after being presented with the preliminary inform- ation for the LID Mr Bill Coleman, 4610 Anaco Beach Road, also felt that the LID was not presented to the public correctly City Attorney Mansfield explained that the LID was formulated because of a public petition, and it was not necessary to have public hearings City Attorney Mansfield also suggested that this form of LID not be accepted by Council in the future in order to prevent further problems such as Mr Ostlund & Mr Coleman had expressed Mayor Figenshow closed the public hearing After discussion by Council, motion was made by Mr Moore, seconded by Mr Separovich, that the proposed ordinance be passed and given ORDINANCE NO 1826 Vote Ayes-- Separovich, Figenshow, Cleland, Moore Nayes--Rock, Kribs Motion carried Mr Rock explained that he voted "no" because he was opposed to the petition method of formulating the LID and had been all along PUBLIC HEARING ON FINAL ASSESSMENT ROLL - LID No 192 Engineering Supervisor, Jim Pemberton, gave a review of the background leading to the LID and the work that was done The public hearing was then opened Mr H W Bockenkamp, 1119 36th Street, explained that he had come down to City Hall last week to pay the LID assessment on his property and that no one would accept his check City Manager Olander informed the audience that the City could not accept any monies until the final assessment roll was accepted by Council Mr Boyd Benson, 1420 30th Street, told the Council that the street by his home was paveed 5 feet off the center line and that a culvert across the street from him had been repaired but was again in need of repair Mayor Figenshow asked Mr Benson to write down his complaints so that they could be taken care off by the City staff Maria Franulovich, 1201 13th Street, who had already sent a letter of complaint to the City, told Council that the paving does not go far enough to cover the area where vehicles park so that erosion will not occur Mrs Franulovich also expressed dissatisfaction that proper drainage had not been installed Mayor Figenshow expalined that in order to reduce the cost of paving, the streets had been made narrower and that drainage was not part of the LID Violette (Clark) Wyatt, 15th and Alaska, protested the assessment in that the area had been paved under LID 188 and paid for under LID 188 Mrs Wyatt felt that she should only have to pay the rate established under LID 188 and not the rate assessed under LID 192 After discussion, Council agreed that Mrs Wyatt should pay the rate assessed under LID 188 for 75 feet of frontage and that the additional $225 would be paid by the City Mr Palmer Swenson, 1319 29th Street, 35'7 July 7, 1980 - - - - continued stated that he was quite happy with the paving, but he felt that the street was not centered and also had reported that the crushed rock was washing into the drains Mr John Olson, 2517 West 2nd, felt that since no one had asked to be included in LID 192 that it was unfair to assess the property owners on Alaska Avenue, especially at the rate established by LID 192 Mayor Figenshow closed the public hearing Motion was made by Mr Separovich, seconded by Mr Cleland, that the proposed ordinance with the adjustment made to Mrs Wyatt's assessment be passed and given ORDINANCE NO 1827 Vote Ayes--Figenshow, Cleland, Moore, Rock, Kribs Separovich PUBLIC HEARING ON REZONE APPLICATION FOR ISLANDS MOTEL, LOTS 1 THUR 10, BLOCK 7, BEALE'S MAPLE GROVE ADDITION, FROM RH2A TO COMMERCIAL ZONE The public hearing was opened and Director of Community Development, Ken Kinzel, briefly stated the petition by Fein Hulscher, owner of Islands Motel, to rezone her property so that she can open a cafe at her place of business Mr Kinzel reported that there was public concern regarding parking around the motel blocking traffic and intersection safety The Planning Commission recommended approval of the rezone if all building and City requirements are met Les Johnson, Mrs Hulscher's legal counsel, briefly stated that his client had already blocked off the alley entrance from the motel and that she will put in additional parking to meet City building standares Mrs Orrin Olk, 817 34th Street, asked Council if, after the rezoneing was approved, would the owner be allowed to sell liquor and make the cafe into a tavern -type establishment? Mr Johnson replied that he did not know the answer to that question Billie King Smith, 819 35th Street, told Council that she was very opposed to the rezoning of this property because it causes traffic and parking problems that mAke it unsafe to enter Commercial from 34th Street Also, she stated that there was an application for a liquor license in the window and an "open" for business sign that,to her, indicated that the cafe was already open and that liquor would be sold there Mr Johnson reported to Council that the cafe was not opened and the "open" sign was for the motel Mrs Hulscher told Council that she did not intend to sell hard liquor at her cafe, but only wine by the glass to go with dinners Mayor Figenshow closed the public hearing After discussion, Council recommended to City staff to change the ordinance to include the restriction of selling beer and wine only by the glass and also to require the property owner to build adequate parking spaces to meet City building codes This ordinance is to be prepared for the next regular Council meeting on July 21st PUBLIC HEARING ON PETITION TO VACATE DEDICATED STREET RIGHT-OF-WAYS IN OLD SCOTT PAPER MILL PROPERTY The public hearing was opened and Mr Kinzel briefly explained the petition to Council of Snelson-Anvil's petition for vacation of portions of City property that have been dedicated as public -right-of-ways with Snelson-Anvil paying one-half the appraisal price for that property Mr Kinzel described the alternatives that could be used for accepting the named petition as 1 obtainting easements to the north through Snelson-Anvil and Port property, 2 to abandon the 16" and 20" lines in "R" Avenue at 20th Street and extend from the 20" main westerly on 20th to "Q" Ave northerly on "Q" Ave to 17th St and reconnect to existing 10" line in that area to provide a public right-of-way from 'Q" Ave easterly to the shoreline of Fidalgo Bay This right-of-way could be approximately 60 feet and utilized for access to Snelson-Anvil property and Port property as well as be utilized for utility easement purposes Mr Bill Snelson, 814 Garden of Eden Road, Sedro Woolley, co-owner of Snelson-Anvil Company, stated that the company would be willing to negotiate with the City and possibly trade up to 40 feet of property in such negotiations Mr Robert D Keller, Manager of the Port of Anacortes, expressed that the Port had been looking at the areas in question for some time and that they were not willing to trade or give any of the land in this negotiation Council directed staff to negotiate the trade of this property and come back to Council with the results WATER FRANCHISE FROM SKAGIT COUNTY Engineering Supervisor, Jim Pemberton, explained that a franchise from Skagit County for a portion of the City's 24 -inch transmission line in the Summit Park vicinity has expired and that Mr David M Ford, Director of Public Works, had been in contact with the County inquiring about renewing this franchise Skagit County officials recommended that the City make application for a blanket franchise which would cover all County roads where the City has or expects to have water utilities located This would eliminate the need for making franchise applications on a "road by road" basis and provide the City with greater flexibility Mr Pemberton then asked per- mission to make application for a blanket franchise covering 64 sections of land in 6 townships and stated that after the Skagit County Commissioners act on the franchise, it would be brought back for adoption by resolution Motion by Mr Separovich, seconded by Mr Cleland, to give said permission Vote Ayes -- Rock, Krebs, Separovich, Figenshow, Cleland, Moore Motion carried PERMISSION TO CALL FOR BIDS ON WATER TREATMENT PLANT AND WASTEWATER TREATMENT PLANT ELECTRONIC EQUIPMENT MAINTENANCE 358 July 7, 1980 - continued Chief Operator of the Water Treatment Plant, Ed Capasso, made this request which was presented to Council by Mr Jim Pemberton in a brief background report After consideration and discussion, motion was made by Mr Rock to give permission to call for bids on a two-year contract, seconded by Mr Separovich Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Moore, Rock RESOLUTION AUTHORIZING AND ESTABLISHING PETTY CASH/CHANGE FUNDS Finance Director, George Khtai.an, requested a resolution to be passed to allow the Park Department an additional $50 cash change, and to update all past Petty Cash Resolutions into one Motion by Mr Separovich, seconded by Mr Rock, that the proposed resolution be passed and given RESOLUTION NO 617 Vote Ayes--Figenshow, Cleland, Moore, Rock, Kribs, Separovich There being no further business to come before Council, meeting adjourned at 11 00 pm Shirley Gasc?�Secretary Pro Tem July 21, 1980 k S ZFigeho , Mayor Meeting called to order at 7 30 p m by Mayor Knute Figenshow The invocation was given by Reverend Al Gamble of the Church of the Nazarene Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel MINUTES OF PREVIOUS MEETING Motion by Mr Rock, seconded by Mr Cleland, that the minutes of the previous meeting held on July 7, 1980 be approved as if read Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried At this point, Councilman Moore entered the meeting CORRESPONDENCE Manager Olander said there was one piece of correspondence which would be covered later CITIZEN HEARINGS There was no response to the Mayor's invitation to speak on any item not in the agenda OLD BUSINESS REQUEST FOR REZONE OF LOTS 1 THROUGH 10, BLOCK 7, BEALE'S MAPLE GROVE ADDITION This request was previously considered by Council at their meeting of July 7, 1980 Mr Kinzel, Community Development Director, briefly reviewed the request stating that the property owner's primary reason for requesting the zone change from RH2A to Commercial was to be able to open a restaurant on the Islands Motel site and obtain a license from the state to serve wine or beer with meals Mr Kinzel showed a view foil of the location, said the Planning Commission's recommendation was to grant the rezone with the condition restricting the class of liquor license to sale of beer or wine by the glass only with meals Attorney Mansfield then read, by title, a proposed ordinance granting the rezone with,the restriction as described and an agreement attached to be executed by the property owner,'Cornel.ia J Huscher After a brief discussion, motion by Mr Separovich, seconded by Mr Rock, that the ordinance be adopted and given ORDINANCE NO 1829 provided the agreement is executed by Ms Huscher Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried ORDINANCE SETTING PARKING LIMITATIONS City Manager, Robert Olander, briefly reviewed the proposed ordinance which has previously been considered by the City Council and provides as follows Limits parking time on streets and avenues, establishes no parking areas, repeals Ordinances 1672, 1695 and 1731 The areas limited to 2 hour parking between 8 00 a m and 6 00 p m Monday thru Saturday are Commercial from the south line of 3rd to the north line of 12th, 6th, 7th and 8th between the west line of "Q" and the east line of "0" There is no parking in the Anacortes bike path, on St Mary's Drive between Hillcrest Terrace and the north edge of lot 1, Highlands 1st Addition, "Q" from 9th to 11, west side of "Q' from 14th to 15th, 10th from Commercial to "Q', 11th from Commercial to "Q" and 13th from Commercial to "Q" Mr Mansfield then read, by title, the proposed ordinance establishing the foregoing limitations, citing the penalties for violation and repealing the previous parking ordinances Motion was then made by Mr Kiel, seconded by Mr Separovich, that the ordinance be adopted and given ORDINANCE NO 1830 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Kribs No --Rock Motion carried Item 6(c) Petitidn for Street Vacation - removed from agenda to be discussed in executive session after meeting 1 1 1 359 July 21, 1980 - - - - - - -continued NEW BUSINESS - CONTINUATION OF PUBLIC HEARING ON AMENDMENTS TO SHORELINE MASTER PLAN Before opening the public hearing, Mayor Figenshow stated as follows The purpose of the hearing was to consider amendment to the Anacortes Shoreline Master Plan in the following particulars to provide for jurisdiction of the Shoreline Act from the ordinary high water line seaward to the City limits line, to provide a use designation for Flounder Bay and to amend the Shoreline Designation Map to implement the first two proposed amendments Mr Figenshow reminded the audience that no specific proposal for marina expansion or other development was before the Council and that all testimony should be limited to the issue of whether or not to adopt the proposed amendments to the Shoreline Master Plan Mr Figenshow then listed the procedure to be followed for the public hearing and asked that everyone giving testimony identify themselves for the record, give testimony that is relevant to the matter being heard, is not repetitious and does not question the motives of others or critcizes their action He then declared the public Hearing to be open On behalf of the City, Mr Ken Kinzel then showed a view foil of the Flounder Bay area and reviewed previous activities which brought about the instant hearing which was an application by Skyline Marina in the latter part of 1979 to expand their marina further out into Flounder Bay The Planning Commission approved the marina expansion and the matter was appealed to the Shoreline Hearing Board In February of 1980, the State Shoreline Hearing Board heard the matter and determined that the City of Anacortes had failed to provide the use designation for the area of Flounder Bay which would be used by a pro- posed marina expansion and also whether or not the Anacortes Plan jurisdiction extended from the ordinary high water mark seaward to the corporate limits of the City The State Shoreline Management Act requires that area use designations be provided for all wet areas lying seaward of a point 200 feet landward from the ordinary high water mark To correct the deficienies in the Anacortes Shoreline Master Plan, the following amendments were proposed 1) Amend paragraph 3, page 2, of the Introduction to the Master Plan to read This Master Program applies to those shoreline areas extending landward 200 feet from the ordinary high water mark of all marine waters and associated wet- lands, and Cranberry Lake, and seaward to coincide with the legal description of the corporate limits of the City of Anacortes 2) Amend the second para- graph of subsection b on Page 13 of the Shoreline Plan to provide that that portion of Flounder Bay lying Southerly of the areas zoned Residential Low Density and currently zoned Commercial Marine be designated as Urban II 3) Amend the Shoreline Area Designation Map to incorporate the two amendments described above and amend the note at the bottom of the map so as to indicate that jurisdiction is 200 feet landward from the shore and seaward to the corporate boundaries of the City of Anacortes Mr Kinzel said the staff's recommendation and the Planning Commission's recom- mendation was to adopt the proposed amendments as stated above Mayor Figenshow then asked if there were any letters or petitions for or against the proposed amendments Mr Sheldon Kochel, 5119 Doon Way, addressed the Council and presented a petition with 109 signatures of persons opposing commercial boat moorage and marina expansions plans in Flounder Bay and listing the following reasons therefor 1) they were led to believe an open bay would be in the Skyline plat plan 2) that additional moorages would make boat navigation unsafe, 3) water quality, air quality would be damaged, noise levels would be excessive, 4) inadequate upland support facilities (such as parking, toilets and showers) and general ingress and egress 5) aggravated police and fire pro- tection problems 6) permanent environmental damage to the area After discussion, this petition was handed to the Secretary with instructions to mark it Council Exhibit I Mayor Figenshow then invited the proponent's presentation and Mr Dick Chapin, 900 ONB Plaza, Bellevue, Attorney for the owners of Skyline Marina, presented to each Council member a booklet containing the reasons his clients believed the undesignated portion of Flounder Bay should be designated Urban II, as follows 1) the uses permitted under Urban II are consistent with the rezoning done in 1978 to permit additional moorage facilities 2) Consistent with the Anacortes Shore- line Master Plan 3) The Dept of Ecology, the Dept of Natural Resources and the State Shorelines Hearing Board all encourage meeting moorage demands by iso July 21, 1980 - - - - - - - - continued expansion of existing marinas rather than by developing new sites 4) No substantial adverse impact on water quality 5) No adverse impact on navi- gational safety 6) No adverse impact on traffic, ample capacity for additional vehicles on arterials serving Skyline Marina area 7) Additional moorage permits will control adequate parking 8) Views from hillside above Bay will not be obstructed and 9) Any other possible impacts discovered in connection with a specific application for a Shoreline Development Permit for additional moorage can be mitigated by imposing necessary conditions The booklet contained Addendums supporting each of the above allegations and Mr Chapin elaborated briefly on each one They were quotations from the Shoreline Master Plan, letter from the Dept of Ecology, excerpt from the Analysis of the Water Quality, Flora and Fauna in Flounder Bay in Relation-, ship to Existing and Potential Expanded Moorage Facilities by consultant, Ronald P Zeutschel, letter from the U S Coast Guard memorandum from Engineering Supervisor Jim Pemberton of July 17, 1980, report of Norman I Associates, Inc , Coastal and Hydraulic Engineers, and three 8 X 10 photographs Copy of this booklet was handed to the Secretary who marked it Council Exhibit II Attorney Chapin pointed out that the original plans and brochures make clear that Flounder Bay was conceived for marina atmosphere development and activity, that present demand for moorage is substantial and that all of the above allegations would have to be worked out in detail when a definite proposal was presented if the zoning was designated as Urban II as it was intended' Mr Chapin invited the Council to question Mr Norman or Mr Zeutscheliif they wished The Council had no questions at this point Mayor Figenshow then invited representatives of the opponents to the Shoreline Master Plan amendments to present their views and Mr Richard Arambaru, 505 Madison Street, Seattle, Attorney representing the "Save Flounder Bay" group, addressed the Council Mr Arambaru presented the Council with a map of the area in question on which was depicted the original zoning line, the pro- posed Urban Ii/Residential line and a proposed "Save Flounder Bay" line The original line more or less runs down the center of the bay, the proposed Urban II/Residential line runs along the north edge of the bay and the proposed "Save Flounder Bay" line runs along the south edge of the bay Copy of this map was handed to the Secretary who marked it Council Exhibit III Mr Arambaru then called upon members of his group who wished to state their reasons for oppos- ing the proposed Shoreline Master Plan amendments Mr Orlen Christenson of 701 12th North, Edmonds, Washington, addressed the Council stating he was a property owner in Skyline and concerned about the proposed zoning of the Bay It was his opinion that the proposed Urban II zoning would be at odds with good planning, that at the outset, there was representation that there was open water as a buffer between the commercial marina area and the residential area that it would be poor,planning to take away the buffer zone He also said there was evidence that the marina is now fully developed and additional moorages would be overdevelopment Ms Sharon Dimmick, 2001 Skyline Way, then quoted from a report titled, "Tidal Flushing in Flounder Bay" prepared for the State of Washington Dept of Fisheries by Charles W Harris Hydraulics Laboratory, Dept of Civil Engineering of the University of Washington The study was done between May and October of 1978 by putting dye into the water and taking aerial photo- graphs which showed the water coming into Flounder Bay from Burrows Bay, the path of its circulation and return to Burrows Bay In the conclusions of this report, she quoted sections which indicated the effects of boats and slips inhibiting motions of surface water and that the water in the "keys" was dependent on the water in the center of the bay If it was impeded, the people with lots on the keys would be hurt first She also stated that at the present time, wildfowl life is good, but it could be hurt with add- itional development in the bay The report (and accompanying aerial photo) was handed to the Secretary who gave it Council Exhibit No IV Sheldon Kochel again addressed the Council and said he wished to talk about the parking situation He does not agree with the allegation that the park- ing can be controlled by the requirements of the City zoning code He presented lists of actual counts of vehicles parked in parking lots, in specific areas, on streets, in condominium areas, etc between July 4th and 7th and on July 12th and 13th He also reported figures given to him by City staff as counted by a City Traffic Counter indicating some 7,000 v vehicles had passed the point of count during the 3 -day holiday Mr Kochel reviewed the physical counts previously referred to and concluded that the traffic in Skyline is already a complete "mess" and additional moorages would only compound the problem Mr Kochel's lists were handed to the July 21, 1980 ----------continued 3e1 Secretary to mark them Council Exhibit No V Mr Lloyd Selene, 4410 Queen Anne Way, said he wished to speak on navigation When he purchased his property in Skyline, he had been given the same information, that there would be plenty of room He now believes that the traffic situation is so bad a person has to wait to get into the Bay He feels the zoning should not be changed Mr Bob Griesel, 4513 Kangsway, indicated the Council should take into consideration the wind factor No matter how experienced a boater may be, if the wind is blowing he can't always control his boat and the traffic is already so bad, a boater almost has to "take a number" to get into his moorage slip Ms Peggy Lipsey, 1909 Bay Place, testified that she was against the rezoning and pointed out her lot on the map Said she had been told there was a Possibility of the locating of a new gas dock close by if the zone is changed, and this would create a lot more noise and fumes as well as trash in the water However, her biggest fear was of a fire If there ever was one, it would spread quickly to the residential area and there would be no way to get out on the water side Mrs Bobbie Griesel, 4513 Kingsway, explained that she and her husband boat 12 months a year, they have problems with heavy boat traffic and would prefer to see the buffer zone remain in the Bay Mr Arambaru then summarized the statements of the seven previous property owners stating he felt the Council's decision on the matter would be very important because it would only be good for additional marina facilities In reviewing other marinas .in cities in Washington, there are no residential areas in close proximity to the commercial areas He pointed out that a lot of vehicles are parking illegally, that Division 19 is a commercial development requiring more parking, the buffer between commercial and residential should be kept there, the water quality is not as good as it should be, the flushing action is bad, the Dept of Ecology says that such areas should not be considered for marinas, purchasers of property were shown brochures which indicated there was going to be an open area in the Bay there should not be additional commercial development in Flounder Bay and recom- mended the line be drawn between the Commercial and Residential He also objected to any procedure allowing Mr Chapin rebuttal Mr James Anderson, attorney, 2102 10th Street, spoke on behalf of Harold Mousel who is interested in putting in moorage spaces at the end of Division 19 He asked the Council not to compromise, but to accept the recommendations of the Planning Com- mission and City staff Mr George Wasilewski, Manager of the Skyline Marina, Inc , addressed the Council saying anyone who takes the time to read the Shoreline Master Plan would realize that the whole Bay is actually designated Urban II He also pointed out that there are 75 residential docks constructed on the Bay and each one, according to Mr Wasilewski, has 3 vessels docked instead of 1 He feels the designation should be Urban II Mr Richard Sands, 3817 Yorkshire Drive, said that in 1974 it was brought to the attention of the City that in Division 13 the dividing line between residential and commercial actually went rhough one property owner's lot Other errors in Division 7 were also corrected He said he was sure the intent was that the Bay would be commercial H e agreed that the parking had to be organized, but feels there is ample room coming into the Bay and the keys He asked the Council to approve the zone designation as Urban II Mr Ed Knowles, 1808 Piper Circle, said he was not connected with any group, but done a little research and had prepared a proposed change to the proposed amend- ment to the Master Plan He gave each Council member a copy of his proposed change which read as follows "The expansion of the Urban II Shoreline designation within Flounder Bay to include that portion of Flounder Bay not presently having a Shoreline designation to extend within 150 feet of the north and north-easterly Commercial Marine zone line The area to the north of this line to be designated Urban Resi- dential and the balance to be designated Urban II " Copy was handed to the Secretary who gave it Council Exhibit No VI Mr Knowles said his reason for proposing such a change was a technical point having to do with each lot having a tideline area about 75 feet in front of each lot He also stated his sympathies lay with the presentation of Mr Arambaru For the benefit of the audience, Councilman Kiel had Mr Kinzel draw the line proposed by Mr Knowles on the view foil Mayor Figenshow then declared a 10 -minute recess 362 July 21, 1980 - - - - -- - continued: Meeting resumed at 9:40 p.m. and Mr. Chapin again addressed the Council and stated that if they made a decision based on what 109 people wanted, that was one thing; but if the Council looked at the'facts, it was a whole different story. Mr. Chapin said this was one of those unusual cases where there are a lot of opinions, but not much in the way of substantiation. He said if property owners felt they had been made promises not kept, they should pursue it; but this is not an issue in the present problem. He presented brochures used by his clients in the sale of the Skyline property, which had been previously shown to the Planning Commission, for the record and Secretary numbered them Council Exhibit No. VII. Mr. Chapin said a better solution for a buffer area would be to work out such an agreement when a specific proposal is presented rather than trying to come to a final decision tonight. Regarding open water; it is not a public tideland, it is a fallacy to believe that everything designated as residential would remain that. Regarding the University of Washington study, he asked Mr. John Norma, Hydraulic Engineer, to explain the relevance of that study. John Norman, 4605 148th N.E., Bellevue, Washington, said the flushing of the bay is as described in the referenced study, but if floats are placed in a proper way in the bay and good planning considerations are met, the floats would not cause a change in the water quality. The surface of the water may have a slightly higher temperature, but not the water below. Mr. Ronald P. Zeutschel, Marine Biologist, 17810 164th Avenue N.E., Woodinville, Washington, spoke on the water quality and said the study done at'the request of the State Dept. of Fisheries from March through October of 1978 was very conservative. The sampling of water was done in the key that was supposed to have the poorest flushing. The water quality in Flounder Bay was generally satisfactory; relative to Burrows Bay, the Flounder Bay waters are approx- imately 1.4 degrees Centigrade warmer and they contain appxoximately 1.4 milligrams per liter more dissolved oxygen. This indicates the water quality to be very good; the fish population in Flounder Bay relative to Burrows Bay is higher and better. Mr. Zeutschel concluded that if additional development is made in Flounder Bay and is done correctly, there should be no adverse effect on the water quality. He also said this Bay is one of the cleanest marina environments he has ever visited. Mr. Chapin then talked about the parking allegations and referred to Mr. Pemberton's memorandum of July 17th in which the staff stated existing streets and proposed streets would handle existing and future traffic created from an expansion. Mr. Chapin also discussed the counting of the traffic indicat- ing it was done at the entrance to Skyline and included everything going in and out of the area over the period of days. He said noise and air 'pollution would be controlled by placement and design of the slips. Mr. Chapin con- cluded by stating that nothing said by the opponents to the zone designation. indicates that this area, properly designed, is not a good spot for moorage; that the zones have to adjoin one another; that buffer areas would come about at the right time and that that is the proper way to do it - to allow as much commercial moorage as makes sense and to make sure it is done in such a way as has minimum impact. Sheldon Kochel again addressed the Council and said his information on the traffic count came from the Engineering Dept. of the City. Also the counter was placed where it counted vehicles traveling towards the marina. Mr. Chapin agreed that a total of all the daily totals amounted to approximately 7,000 vehicles. Orland Christensen brought to the Council the sales brochure and aerial photo which, according to him, shows that the moorage has already doubled. Lloyd Selene again addressed the Council and said he wanted to respond to the statement that additional moorages would only restrict the flow of surface water. He has walked around the Bay and found oil containers and garbage which cannot be flushed out because of the restricted flow of the.water: Leonard Newsham, 2001 Bradley Drive, said that 3 years ago he was instrumental in promoting the dredging of the Bay. This was prior to the request for increased moorages. He disagreed with Mr. Chapin's statement that people "on the hill" had no interest in whether or not there were more moorages because they all paid for the dredging and their assessments and he feels they do have a stake in it. 363 July 21, 1980 - - - - - - - - -continued Mr Claude Huffman, 5110 MacBeth Drive, addressed the Council stating there was one point which had not been brought up and that was the concern of the City about the ferry traffic parking on the roadways entering Skyline, the proposed extension of 32nd Street which will bring ferry traffic through Skyline and the proposed Kempthorn development at the intersection of Ferry Terminal Road and Oakes Avenue of of which will bring more traffic problems necessitating traffic lights, etc Mr Arambrau then again pointed out that the Dept of Ecology stressed that a body of water with poor flushing action, as is Flounder Bay, should not be considered for long term and overnight moorage facilities, and again stressed that the parking problem is practically beyond help at the present time and must be considered in deciding the zoning decision Mayor Figenshow asked if Council had any questions Councilman Cleland asked if the appraised value of the land in the Bay was any different on one side or the other for taxes Mr Kinzel said he had no information in that regard Mr Cleland asked if anyone else might have and Mr Knowles replied he had researched the ownership of the bottom of the Bay in Mt Vernon approximately 112 years ago and it was his recollection that there was a nominal tax on the bottom of the Bay Mr Charles Welchko, 5604 Kingsway, addressed the Council stating that he now owns two lots on the 3rd Key and believes that the Commercial Marine zoning up to the residential lots would cause those lots to lose some of their value He talked to some realtors and 3 out of 4 of them felt it would have an adverse effect on the property values He feels the comments made by Mrs Lipsey were correct He also went to Mt Vernon and learned that Mr Davidson's taxes were low George Wasilewski said he could show tax statements for Division 19 and to the center of the Bay of $5,413 00 Also, for Council's information, the study done by the Dept of Fisheries was done at his request through a Professor Woods who suggested the study be done to help support the fisheries criteria in building marinas within the State of Washington This is the only reason it was done, to determine what Flounder Bay had in comparison to others When the entrace to Flounder Bay was dredged, the hydraulic study was cor- rected and the flow study was submitted to the Planning Commission The study was before the fact at his request as the marina operator Mr Figenshow then stated that it appeared to him that a lot more information had been received than anticipated Mr Separovich commented about the fish only that fish need food and so we should not try to purify ourselves too much or we will be without fish Mr Figenshow said he would prefer to have more time to study the data received before making a decision Mr Rock said he felt the Council should try to finish the public hearing and, if more time is needed to study the information, a decision should be made later There were no further statements to be made under the public hearing process and Mayor Figenshow delcared the public hearing closed Motion to dealy action on this matter to the next Council meeting was made by Mr Separovich, seconded by Mr Kiel Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich Motion carried HEARING DATE ON PETITION FOR ANNEXATION Mr Olander briefly outlined a petition for annexation of 40 acres to the City of Anacortes which, according to law, should be considered at a public hearing within 60 days He recommended the date of September 15, 1980 and, in the interim, the Council request an informal recommendation from the Planning Commission on the matter Motion by Mr Rock, seconded by Mr Kiel, that September 15, 1980 be set as the public hearing date Under the question, Mr Kiel asked how the Planning Commission would proceed with consideration of this matter and Mr Olander said they would review the Environmental Impact Statement, what zone the annexed area would become, the Planned Unit Development proposed for the area,etc as well as a possible amendment to the zoning requirements This would be done through the public hearing process There was brief discussion about the proposed area of the annexation which is 5 acres presently inside the limits and 40 acres out- side the City limits Vote on motion Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried 364 July 21, 1980 - - - continued: ORDINANCE AMENDING 1980 BUDGET. Finance Director, George Khtaian, explained this was in order to approve accounting transactions already transpired con- cerning the City's paying monies to the LID 184 fund from the Arterial Street Fund. Permission to use this money was previously obtained from the State Dept. of Transportation. He recommended passage of the ordinance authorizing the transfer of monies. Motion by Mr. Separovich, seconded by Mr. Rock, that the ordinance be adopted and given ORDINANCE NO. 1831.. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. ORDINANCE AMENDING 1980 BUDGET Mr. Khtaian explained this amendment was necessary to transfer the City's cost of the oversizing under LID No. 189 from the Water Capital Reserve Fund to the LID fund and (2) to transfer the City's costs exceeding the $10 per front foot maximum assessment on LID 192 from the Arterial Street Fund to the LID 192 fund. Mr. Mansfield read, by title, the proposed ordinance authorizing the transfer of funds. Motion by Mr. Cleland, seconded by Mr. Kiel, that the ordinance be adopted and given ORDINANCE NO. 1832. Vote: Ayes --Moore; Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. ORDINANCE SETTING FEES FOR APPLICATIONS FOR ZONE CHANGES, VACATIONS, PERMITS, ETC. Mr. Kinzel advised the Council that he had surveyed 20 com- munities in the state with populations close to that of Anacortes and had compared their average fees with the fees charged by Anacortes. He also did a cost analysis of time spent by City staff in processing applications for changes, approval of -subdivisions and plats, etc. He also recommended the City charge inspection fees for water and other utility installations related to plats and subdivisions. He also recommended adding a,fee for a Home Occupation permit which the City does not have at present. Mr. Mansfield then read, by title, an ordinance amending the fee schedule of the City. Motion by Mr. Separovich, seconded by Mr. Kiel, that the ordinance be passed and given ORDINANCE NO. 1833. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried, The Council then mentioned several items they wished to discuss at future study sessions and Mayor Figenshow adjourned the meeting to an executive session to discuss the application for street right-of-way vacation the old Scott Paper company property. Meeting adjourned a 10:5 p. Ida Rolph, Exec$ti Secretary K. S. Fi ens w, Mayor August 4, 1980 Meeting was called to order at 7:30 p.m. by Mayor Figenshow. Reverend Tom Christoe of the Anacortes Christian Fellowship gave the invocation. Roll Call found present: Bud Rock, Karolyne Kribs, Ray Separovich, itnute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Rock, that the minutes of the previous meeting held on July 21,.1980 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Carried. CORRESPONDENCE City Manager, Bob Olander, did not have any correspondence to be read, but introduced Mr. Tim Boles who began his employment with the City of Anacortes as the Museum Director on August 4th, 1980. The Council wished Mr. Boles well in his new position. CITIZEN HEARINGS There was no response to Mayor Figenshow's invitation for anyone in the audience to speak on any item not on the agenda. OLD BUSINESS CONSIDERATION OF AMENDMENTS TO SHORELINE MASTER PLAN Mayor Figenshow asked Community Development Director, Ken Kinzel, to review the matter previously heard in public hearing before the Council on July 21st, 1980. Mr. Kinzel did so and showed three different view foils which indicated the proposals presented to the Council for designation of the area in Flounder Bay between the existing CM zone and Urban Residential referring to the three sets of "Findings of Fact and Conclusions" prepared by City Attorney Mansfield, regard- ing the proposed amendments to the Shoreline Master Plan. There was no controversy regarding any of the proposed amendments except the one relating to the use designation for Flounder Bay. For ease of reference, the three sets of Findings were labeled (1) Skyline Marina Proposal, (2) Save Flounder Bay Proposal, and (3) 150' Buffer Compromise. 365 August 4, 1980 - - - - - - - - - - continued The City staff and Planning Commission recommended Findings No 1 Attorney Mansfield reminded the Council they could modify any one of the sets as they saw fit Council asked various questions of Mr Kinzel concerning present regulations on private moorages and the limits imposed thereon, the tideland ownership, etc Mr Separovich then indicated he wished to ask a question of representatives of the two opposing factions and asked, "would you be happy with the 150 -foot buffer zone proposed by Mr Knowles7" First to respond was Mr Bob Warfield, 143 Candlewyck Drive, Tacoma, Washington, who stated there was no simple way to answer, there was no set specific rule to follow to determine the width of "fairways" in marinas Mr Dick Chapin, 900 ONB Plaza, Bellevue, WA 98004, replied that he felt the 150 feet was more than would be required by the Coast Guard, but recognized the need for a buffer zone and so could live with it, though his clients certainly would prefer their own proposal Mr Jim Anderson, Attorney, 2102 10th Street, representing Mr Harold Mousel, replied that they certainly could not live with it because it would take away a substantial number of slips Mr Mousel would wish to develop on his property near the entrance to the Bay Mr George Wasilewski, Manager of Skyline Marina, also disagreed with the 150 -foot proposal saying it was more than needed He felt the Urban II line should be next to the residential area and any development proposals should be considered and handled by the Planning Commission At this point, Mayor Figenshow expressed his belief that the distance should be 130 feet which is the entrance width at full tide Harold Mousel, 1395 Donel Road, then responded to Mr Separovich's question and said he had had a study done which indicated that the Port Districts in the State average only 75 feet and range from 65 feet to 175 feet He objected to the 150 foot proposal Councilman Kiel then stated that this was a complex issue which arose because of an error in the City's Shoreline Master Plan, he said he believes the property owners have made a strong and reasonable case to protect their property he also believes it is important to recognize the authority the Council gave to the Planning Commission He then moved that the Urban II designation be expanded to the existing CM zone line and to adopt the Findings of Fact and Conclusions labeled as No 1, Staff's proposal Motion was seconded by Mr Moore for purposes of discussion only There then followed additional discussion of the Planning Commission's authority in considering future development proposals, whether there would be future objections and challenges to said decisions by property owners what guidelines the Planning Commission might follow in deciding widths of fairways, etc Councilman Moore then asked if there was anyone in the audience from the "Save Flounder Bay" group who would like to reply to the proposal of letting the Planning Commission be the deciding body in future proposals if the Urban II zone were expanded to meet the existing Commercial Marine zone Mr Sheldon Kochel, 5119 Doon Way, replied that his group would not be happy with it that they felt they should not have to fight each and every application in Flounder Bay and that 150 feet was not adequate Mayor Figenshow then called for the vote Ayes --Kiel No--Kribs, Separovich, Figenshow, Cleland, Moore, Rock Motion failed Mr Separovich then moved that the Council adopt the Findings of Fact and Conclusions labeled As No 3, except for Finding No 7 which should be amended to read "The designation of that portion of Flounder Bay lying Southerly of a line parallel to and 130 feet Southerly of the present boundary be- tween the Commercial Marine and the Residential Low Density Zone, as Urban II and the designation of that portion of Flounder Bay lying Northerly of said line as Residential Low Density is consistent with the criteria and policies of the Anacortes Shoreline Master Program, the State Shoreline Management Act, and the Anacortes Comprehensive Plan " Motion was seconded by Mr Figenshow Vote Ayes--Separovich, Figenshow, Cleland, Moore No --Kiel, Rock, Kribs Motion carried Mr Mansfield was instructed to prepare an ordinance incorporating the amendments as stated in the Findings of Fact to the Anacortes Shoreline Master Plan for consideration at the next meeting Council thanked staff for their preparation of the information needed to consider this difficult problem VACATION OF STREET RIGHTS-OF-WAY Manager Olander reviewed the petition from Snelson- Anvil vor vacation of City dedicated and deeded streets on the old Scott Paper mill site After the Council public hearing on July 21, 1980, he was directed to negotiate for a 30 -foot strip of land from "Q" Avenue to Fidalgo Bay along with other fair terms and considerations After a number of meetings, Snelson-Anvil agreed to a proposed contract which would (1) place a value of $66,306 on the streets requested ass August 4, 1980 - - - - - - - - -Continued: to be vacated; (2) Snelson-Anvil would deed a 30 -foot strip along the North boundary of their property from "Q" to the Bay and this land be valued at $33,990; (3) the City would receive the difference of $32,316; (4) Snelson-Anvil would pay for having the 16 -inch water line re-routed, but could wait 3 years to do it; (4) if the City wishes it moved before 3 years, the City could do so and be reimbursed by Snelson-Anvil at the end of 3 years; (5) the City would pay for oversizing, if any, and all pressure stations and hydrants. Mr. Olander recom- mended the Council accept this proposed agreement and vacate the street rights- of-way. Attorney Mansfield read, by title, a proposed resolution directing execution of the Agreement. Motion by Mr. Kiel, seconded by Mr. Cleland, that the Resolution be adopted and given RESOLUTION NO. 618. Vote: Ayes--Figenshow Cleland, Kield, Moore; Rock, Kribs, Separovich. Motion carried. Mr. Mansfield then read, by title, an ordinance vacating portions of 17th Street between "Q" Avenue and "R" Avenue and between 17th Street and 20th Street. Motion by Mr. Separovich that this ordinance be passed and approved and given ORDINANCE NO. 1834. Vote: Ayes--cleland, Kiel, Moore, Rock, Kirbs, Separovich, Figenshow. Motion carried. NEW BUSINESS SET DATE FOR PUBLIC HEARING TO CONSIDER CHANGING EXISTING SYSTEM OF AT -LARGE AND WARD REPRESENTATION After a short discussion, motion by Mr. Separovich, seconded by Mr. Rock, that the date of September 15, 1980 be set for a public hearing on this subject. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland.. Motion carried. PERMISSION TO CALL FOR BIDS ON WATER METERS Public Works Director, David Ford, explained that in accordance with State law, the City was obliged to call for bids on their supply of water meters. Motion by Mr. Rock, seconded by Mr. Separovich, that permission be granted. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. REQUEST FOR SEGREGATION OF ASSESSMENT UNDER LID NO. 178 Attorney Mansfield explained that state law requires that the Council approve any request for segregation of an assessment under an LID. The instant case involves property between 13th and 14th Streets, between "C" and "D" Avenues and between "B" and "C" Avenues; a total of 20 lots, 10 in block 205 and 10 in block 236. These lots have been jointly owned by Mr. Jim Colley and Mr. William Wieland who had segregated the ownership and wish to segregate the LID assessments. Mr. Mansfield read, by title, a resolution authorizing the segregation of assessments under LID No. 178 as requested. Motion by Mr. Moore, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 619. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. Mr. Kiel then moved that a letter be written to the Arts and Crafts Foundation expressing the City's thanks for their fine work in the presentation of this years festival. Seconded by Mr. Moore. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. From the audience, Mr. Warfield asked if he might make a brief statement con- cerning the Shoreline Management/Flounder Bay matter and was given permission. He stated he wanted to express his appreciation for the spirit with which the Council considered the problem and their obvious care and concern. There being no further business to come before the Council, meeting adjourned at 8:50 p.m. J4.1— e�l 04 (1-,6 J6444 Ida Rolph, Executivepecretary K. S., Fige sh , Mayor August 18, 1980 Meeting called to order at 7:30 p.m. by Mayor Figenshow. Reverend V. John Bachman of Westminister United Presbyterian Church gave the invocation. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute.Figenshow, Charles Kiel, and Ken Moore. Tom Cleland was not present. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Moore, that the minutes of the previous meeting held on August 4, 1980 be approved as if read. Vote: Ayes--Kribs, Separovich, Figenshow, Kiel, Moore, Rock. Motion carried. CORRESPONDENCE City Manager, Robert Olander, read a letter from Burlington - Northern Railroad regarding the sale of their depot, located in Anacortes, and railroad lands in which the City had expressed an interest in the past. A study session will be scheduled to discuss their proposal. 367 August 18, 1980 - - - - - - - - -continued CITIZEN HEARINGS There was no response to Mayor Figenshow's invitation for anyone in the audience to speak on any item not on the agenda OLD BUSINESS ORIDINANCE AMENDING SHORELINE MASTER PLAN Community Develop- ment Director, Ken Kinzel, briefly reviewed the recommendation amendments to the Shoreline Master Plan City Attorney, Stephen Mansfield, read the pro- posed ordinance Mr Separovich asked if this ordinance organized all of the original ordinances pertaining to the Shoreline Master Plan Mr Mansfield responded that that was correct Motion by Mr Separovich, seconded by Mr Moore, that the ordinance be adopted and given ORDINANCE NO 1835 Vote Ayes--Separovich, Figenshow, Kiel, Moore Nayes--Rock, Kribs Motion carried SETTING OF HEARING DATE FOR FACILITIES IMPROVEMENT FEE ORDINANCE Sept 2, 1980 was set for the date of public hearing for facilities improvement fee ordinance Motion by Mr Kiel, seconded by Mr Moore, that the hearing date for Facilities Improvement Fee Ordinance be September 2, 1980 Vote Ayes--Figenshow, Kiel, Moore, Rock, Kribs, Separovich Motion carried, ' SETTING OF HEARING DATE FOR STREET IMPROVEMENT ORDINANCE Motion by Mr Kiel, seconded by Mrs Kribs that the hearing date for consideration of the proposed street improvement ordinance be set for September 2, 1980 Vote Ayes -- Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried STREET USE AGREEMENT Director of Public Works, David Ford, briefly reviewed information concerning an application from Western Telecommunications for a conditional use permit to construct a microwave relay station on Morton Avenue in Anacortes to be in conjunction with the United States Coast Guard and a navigational radar station located at Shannon Point The Conditional Use Permit had been granted last year, and the Coast Guard now would like permission to bury the cable from the radar tower on Shannon Point to the relay transmitter building in the City street right-of-way City Attorney Mansfield recommended that the agreement be written up and signed by parties involved so that no misunderstanding would take place at a later date Mr Moore questioned what the surveillance system would do Mr Ford replied that it would monitor ship traffic in the Bellingham and Guemes Channels from Shannon Point to be transmitted to Morton station and then to a main station in Seattle He also pointed out that this would be a video transmission so that vessels could be identified not only by size but by name and number John Noyes, 2419 12th Street, Anacortes, pointed out that the whole Puget Sound area from the Straits of Juan de Fuca and to the Bellingham Channel would be protected by this radar system Mr Richard Dildine, 1211 6th St Anacortes, wanted to know if the station would interfer with small aircraft in the area Mr Ford replied that it would not Motion by Mr Separovich, seconded by Mr Rock, that a Street Use Agreement be written up for Council's review and approval Vote Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Kiel Motion carried PUBLIC HEARING DATE FOR 6 YEAR STREET IMPROVEMENT PROGRAM Motion by Mr Separovich, seconded by Mrs Kribs, to set public hearing date for 6 -Year Street Improvement Program for September 15, 1980 Vote Ayes --Rock, Kribs, Separovich, Figenshow, Kiel, Moore Motion carried AWARD OF CONTRACT FOR FIXED ASSET APPRAISAL SERVICES TO MARSHALL & STEVENS Finance Director, George Khtaian, briefly explained to Council that the State Auditors had directed the City to develop a fixed asset and property control accounting system Three quotes for property appraisal and accounting services were received The Initial Appraisal Fee from Tait Appraisal was $20,490 00 with Annual Iia ntenance Service at $4,000 00 The Initial Appraisal Fee from Marshall & Stevens was $24,700 00 with Annual Maintenance Service at $3,000 00 and the Initial Appraisal Fee from American Appraisal was $22,000 with Annual Maintenance Service at $3,000 00 Mr Khtaian explained that although Marshall & Stevens were slightly higher, their annual update fee was lower and the quality and completeness of their services was worth the extra cost Motion by Mr Kiel, seconded by Mr Separovich, that the award of contract for Fixed Asset Appraisal Services go to Marshall & Stevens Vote Ayes--Kribs, Separovich, Figenshow, Kiel, Moore, Rock Motion carried AUTHORIZATION OF CONTINUATION OF URBAN RENEWAL WARRANT Finance Director, George Khtaian, explained that this warrant was taken out in November of 1978 because two land sales in the Urban Renewal area had not been completed in time toiclose the Urban Renewal project with the federal government Inasmuch as the sales are still pending due to litigation brought by one of the purchasers (Mr Heath), this warrant must be renewed every six months until the litigation August 18, 1980 - - - - - - continued: is resolved and the land sales consumated. City Attorney Mansfield read, by title, the resolution. Motion by Mr. Rock, seconded by Mr. Kiel, to authorize continuation of Urban Renewal Warrant and adopt the proposed Resolution and give it RESOLUTION NO. 620.Vote: Ayes--Separovich, Figenshow, Kiel, Moore,' Kribs, Rock. Motion carried.' OTHER BUSINESS City Manager, Robert Olander, asked Council's feelings in regard to answering negative letters on City projects, i.e. striping of downtown inter- sections to meet State regulations, etc. Mr. Figenshow recommended that City staff deal personally with those who write such letters rather than contacting the newspapers with City letters. General feeling of the Council was in agree- ment with the Mayor. Mrs. Kribs reported to Council that she had received two complaints, one from Jim Bowlin, 1310 10th Street, and Mrs. Lynch of that same street, regarding the ditching and the need for more gravel along the newly paved roads. Mr. Ford explained to Council that any citizens who contacted his office had been informed that all the areas that have been paved have received the same type of work and that unless more monies become available, that no more gravel can be placed in that area. Council directed staff to continue to contact these citizens directly. There being no further business to come before the Council, meeting adjourned at 8:50 p.m. Sh*r'iey Gafon, Secretary pro tem K. S. September 22, 1980 Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Invocation was given by Pastor Gale O'Neil of the First Baptist Church. Roll Call found present: Bud Rock, Karolyne Kribs, Ray SeparoVich, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mrs. Kribs, that the minutes of the meeting held on August 18, 1980 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Feigneshow, Cleland, Kiel and Moore. Carried. CORRESPONDENCE There was no correspondence to be read. CITIZEN HEARINGS There was no response to the Mayor's invitation for anyone in the audience to speak on any item not on the agenda. OLD BUSINESS There was no old business to be considered by the Council. NEW BUSINESS Mayor Figenshow read a Proclamation designating the week of Sept. 22nd through the 29th, 1980 as Rape Awareness Week in Anacortes. This is in line with a national program to encourage all citizens to be aware of services available and to educate the public on facts surrounding sexual assault; that it hurts the public as a whole and something can be done about it. Motion by Mr Separovich, seconded by Mr. Kiel, that the Council confirm the Proclamation. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Carried. PUBLIC HEARING ON PARK COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS Parks Director, Steve Colby, reviewed the circumstances and requirements of the Interagency Committee for Outdoor Recreation of the State of Washington which brought about the meetings and sessions of the City Park & Recreation Commission to formulate an updated capital improvement program. This program was developed as follows: Washingtin Park Improvements for Floats and.Pilings, Smiley's Bottom Field Project, Street End Water View Parks, Guemes Channel Recreation Corridor, Guemes Ferry Landing Park, Causland Park Addition. Mr. Colby requested Council approval of the program so it could be forwarded to the IAC as they requested. There were several questions asked by Council concerning whether or not the priorities could be changed, or the whole program changed, additions or deletions made. It was generally stated that any of these changes could be made through proper procedures; the program was very flexible. Mr. Ralph Edwards, Chairman of the Parks and Recreation Advisory Commission, stated that acutally the IAC was primarily concerned at the present time with only the project for which the City has already made application for funding - the Washington Park improv- ments. There were no further comments from the audience and Mr. Figenshow declared the public hearing to be closed. �1 J 1 369 September 2, 1980 - - - - - - - - - - - -continued Motion by Mr Separovich, seconded by Mr Rock, that the Park Comprehensive Capital Improvements Program be approved as presented and forwarded to the IAC Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Carried PUBLIC HEARING ON PROPOSED ORDINANCE FOR FACILITIES IMPROVEMENT FEE (SYSTEMS DEVELOPMENT CHARGE) Mayor Figenshow stated this public hearing would follow the same procedure as the previous hearing and declared the public hearing to be open City Manager, Robert Olander, reviewed the background development of the proposed ordinance which would require a fee or tax on new construction for the purpose of raising revenue to pay for certain capital improvements needed to service the new growth There followed extensive discussion on the pros and cons of such an ordinance Pros included normal tax revenues do notcover capital improvements and existing residents should not have to pay for improvements that do not benefit them - examples stop lights, storm drain systems, widening of roads, new fire stations, utility line oversi.zing, all due to new development Cons included that such fees would increase home costs and prohibits many people from affording new homes From the audience, Mr Dan Mitzel, 1475 Channel Drive, LaConner, addressed the Council stating he was a builder/contractor and was active in Skagit County It was his opinion that such a charge would only add to the accelerating costs of building He asked the Council to look long and hard at this move before making a final decision, he also mentioned mobile homes and factory -built homes Mr Bob Ford, 4305 "A" Avenue, Anacortes, informed the Council he had invited Mr Mitzel to the meeting to express the feelings of the builders Mr W Prange, 1501 41st, Anacortes, addressed the Council and said that in the past few years there has been a 25% drop in number of children in Anacortes schools, every house that is built generates approximately $500 a year in taxes, in his opinion, Anacortes is becoming a community of older people who are retirees and need housing He emphatically stated that if the Council voted to pass the proposed ordinance, it would be counter-productive and would further discourage young people who do not have the money to build with ever-increasing fees and taxes There followed considerable discussion among the Council members resulting in a motion by Mr Separovich, seconded by Mr Moore, that the public hearing be con- tinued to the Council study session of September 22nd, 1980 Vote Ayes-- Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich, Motion carroed PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT ORDINANCE Mayor Figenshow declared a public hearing to be open to consider a proposed ordinance which would require improvements similar to thorse required in newly platted areas in the old, already -platted areas of the City which have never been developed Manager Olander presented the background and reasons for proposing this ordinance and said that though he agreed with the concept, he felt the ordinance as presented was still not quite right, that certain sections were ambiguous and should be clarified There was no one from the audience who wished to speak on this proposed ordinance The Council then discussed several aspects of the ordinance and agreed it needed more work Motion by Mr Rock, seconded by Mr Separovich, that the public hearing be continued to the meeting of September 15, 1980 with disucssion at the next study session on September 8th Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried SALE OF BONDS ON LID NO 189 and LID NO 192 Finance Director, George Khtaian, briefly reviewed the background leading to the proposed negotiated sale of these LID Bonds to the firm of Foster and Marshall After the 30 -day pre -payment period on each LID, the amount left for sale was LID 189 $73,589 40 and LID 192 $193,505 25 Ordinance No 1826 fixed the interest on LID 189 at 10% per annum Ordinance No 1827 fixed the interest on LID 192 at 9-3/4% Mr Dave Landes, of the firm of Foster and Marshall, then addressed the Council and presented his firm's offer to purchase the bonds at a rate of 9-7/8% on the LID 189 bonds and 9-3/4% on the LID 192 bonds Mr Olander asked Mr Khtaian if these rates were within the realm of rates which would have been received at public bids and Mr Khtaian said they were He said he had checked with other brokers and various other sources to confirm this Councilman Moore stated he dial not under- stand the reasoning behind a negotiated sale and the methods used to determine Mayor Figenshow called for comments from the Council Mrs Kribs stated she did not understand the exemptions They were explained to her by Mr Olander After some additional discussion, Mr Mi.tzel again addressed the Council and said he felt that both the Planning Commission and Council could require develop- ers, at the timeof preliminary plat approval, to construct and provide the proper improvements There followed considerable discussion among the Council members resulting in a motion by Mr Separovich, seconded by Mr Moore, that the public hearing be con- tinued to the Council study session of September 22nd, 1980 Vote Ayes-- Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich, Motion carroed PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT ORDINANCE Mayor Figenshow declared a public hearing to be open to consider a proposed ordinance which would require improvements similar to thorse required in newly platted areas in the old, already -platted areas of the City which have never been developed Manager Olander presented the background and reasons for proposing this ordinance and said that though he agreed with the concept, he felt the ordinance as presented was still not quite right, that certain sections were ambiguous and should be clarified There was no one from the audience who wished to speak on this proposed ordinance The Council then discussed several aspects of the ordinance and agreed it needed more work Motion by Mr Rock, seconded by Mr Separovich, that the public hearing be continued to the meeting of September 15, 1980 with disucssion at the next study session on September 8th Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried SALE OF BONDS ON LID NO 189 and LID NO 192 Finance Director, George Khtaian, briefly reviewed the background leading to the proposed negotiated sale of these LID Bonds to the firm of Foster and Marshall After the 30 -day pre -payment period on each LID, the amount left for sale was LID 189 $73,589 40 and LID 192 $193,505 25 Ordinance No 1826 fixed the interest on LID 189 at 10% per annum Ordinance No 1827 fixed the interest on LID 192 at 9-3/4% Mr Dave Landes, of the firm of Foster and Marshall, then addressed the Council and presented his firm's offer to purchase the bonds at a rate of 9-7/8% on the LID 189 bonds and 9-3/4% on the LID 192 bonds Mr Olander asked Mr Khtaian if these rates were within the realm of rates which would have been received at public bids and Mr Khtaian said they were He said he had checked with other brokers and various other sources to confirm this Councilman Moore stated he dial not under- stand the reasoning behind a negotiated sale and the methods used to determine 370 ® September 2, 1980 - - - - - - -- continued the interest rates Manager Olander reviewed the process and explained how LID bonds differed from other governmental bonds and how the interest rate is set in the LID ordinances before the bonds are sold Mr Landes elaborated further on the methods and statistics used to determine the interest rate in an offer Motion by Mr Kiel, seconded by Mr Separovich, that the sale of the bonds on LID No 189 and LID No 192 be approved and the offer of Foster and Marshall of 7-78% and 9-3/4% respectively, be accepted Vote Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried AWARD OF BID ON POLICE CAR Police Captain Dave Mead presented a bid from Trulson Motors in the amount of $6,808 20 stating it was the only bid received in response to a call for bid on a police vehicle Permission to call for bid was received because efforts to lease a 1980 Malibu could not be consumated Council were furnished complete details on the leasing efforts There followed considerable questions concerning the reasons for proposing the purchase of a station wagon instead of a sedan, the year of the new vehicle, the department's need for the vehicle, manner of paying for it, cost of additional equipment, etc , all of which was answered by Captain Mead Motion was made by Mr Separovich that the Police Department wait for the 1981 models Seconded by Mr Rock Under the question, Mr Moore brought out that no one had any knowledge about what a 1981 model would cost, where it would be available, etc and said he was of the opinion the motion was not proper Mr Rock withdrew his second to the motion After further discussion, Mr Separovich moved that the request for award of bid be denied Seconded by Mrs Kribs Under the question, Mr Moore asked what effect this would have on the Police Department's function Mr Mead answered the department would have to continue on as they have without a vehicle Here, Mr Olander interjected that he had previously discussed the matter with both the Chief of Police and Mr Mead and felt that they had already weighed the question of the choice of taking a 1979 model now or waiting for the 1981 models against the inconvenience or disability of not having a car and he had accepted their decision Vote Ayes --Rock, Kribs, Separovich, Figenshow No --Moore, Cleland, Kiel Motion carried RESOLUTION AUTHORIZING CONTRACT WITH SKAGIT COUNCIL OF GOVERNMENTS Mr Olander stated this proposed contract was the result of the City's opportunity to par- ticipate in the Coastal Zone Management program which provides funding for the administration of the City's Shoreline Master Plan and Shoreline Permits Funds come from the Dept of Ecology through the Skagit Council of Governments who makes the applications on behalf of communities having shoreline master programs in Skagit County Funding level for 1981 is almost exactly the same as for 1980 and is 80% Federal funds and 20% Local share making $9,132 to be received and $2,283 from the City A proposed resolution authorizing execution of the contract with the Skagit Council of Governments was read by City Attorney Stephen Mansfield Motion by Mr Separovich, seconded by Mr Cleland, that the resolution be adopted and given RESOLUTION NO 621 Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried AWARD OF BID ON WATER METERS Public Works Director, Dave Ford, advised the Council that as a result of call for bids in August on 100 - 5/8" X 3/4" water meters, the City received bids as follows Western Utilities Supply Co of Seattle - $3,183 22 (incl tax) Water Metrics Co , Inc of Portland - $3,238 20 (incl tax ) Pacific Water Works Supply Co , Inc of Seattle, - $3,801 33 (incl tax) Mr Ford recommended acceptance of the low bid of $33 73 p34 meter less the $3 50 trade-in for used meters, from Western Utilities Supply Company Motion by Mr Separovich, seconded by Mrs Kribs, that the bid be awarded to Western Utilities Supply Company as recommended Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried Manager Suggested quarterly meetings between the Finance Dept and the Council Finance Committee to review the City's financial condition First meeting was set for Sept 5, 1980 at 3 00 p m Mayor asked the Council to remain for a short executive session to discuss employee relations and adjourned the meeting at 10 15 p m / /7 1 Ida Rolph, Executive, Secretary 1� 1 1 371 September 15, 1980 Meeting called to order at 7 30 p m by Mayor Knute Figenshow Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel, Kenneth Moore MINUTES OF PREVIOUS MEETING Motion by Mr Kiel, seconded by Mrs Kribs, that the minutes of the previous meeting held on September 2, 1980 be approved as if read Vote Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried CORRESPONDENCE City Manager, Robert Olander, read a letter received from the Anacortes Business Community asking permission to allow Anacortes children to set up lemonade stands and sell lemonade as part of their sales promotion on September 26th and 27th After brief discussion, motion by Mr Cleland, seconded by Mr Separovich, that the Anacortes Business Community be allowed to have kids sell lemonade on Saturday, the 27th, only Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried CITIZEN HEARINGS Mayor Figenshow asked if anyone in the audience wished to speak on any item not on the agenda There was no one Mayor Figenshow then urged al cit-zens to vote in the Primary Election on Sept 16,1980 OLD BUSINESS PUBLIC HEARING ON SYSTEM OF COUNCIL ELECTION Mayor Figenshow briefly reviewed the procedure for a public hearing and declared a public hearing to be open to consider changing the present system of electing 3 Council members from Wards and 4 members At -Large Mr Olander reviewed the background of the City's system and summarized the pros and cons of making changes There were several systems to consider, one being where the 4 At -Large positions be retained, but the 3 Ward seats be elected at both the primary and general elections, which was discussed by the Council Mayor Figenshow read a letter from Willard and Bernice Evans indicating they favored the present ward system From the audience, June Betts, 5514 Sunset Avenue, addressed the Council and stated she believed all the Council- men were interested in the problems of the whole City and not dust those pertaining to their specific wards however, she felt the ward system should be retained Mr Pres Holton, 2320 11th Street, addressed the Council and said he would like to see the old system of 2 councilmen from each of 3 wards and 1 at -large who were elected by the people of the ward and also in the general election Mayor Figenshow called for comments from the Council and Mr Rock said he felt the system proposed of retaining the 4 at -large positions and the 3 ward positions elected at both elections would be the best of both systems Mr Cleland couldn't see where this would be an improvement, Mr Separovich said the Council was seeking a cross-section representation and he feels the ward system does this, but candidates should be voted on by the whole City Mr Moore felt this would restrict the number of candidates wishing to run for a position Mr Figenshow said he felt the passage of the Public Dis- closure Law lessened the number of people who will avail themselves of running for office It was pointed out that the County Auditor's office keeps track of the population growth in each precinct which alerts the City to change boundary lines of wards when necessary Mayor Figenshow then declared the public hearing closed, and recommended that until additional study was made, no vote be taken Mr Separovich said he felt there should be more people involved in deciding whether or not the system should be changed Mr Figenshow asked for the wishes of the Council Motion by Mr Separovich that the wards remain with candidates being elected in both the primary and general elections to insure cross-section representation on the Council Seconded by Mrs Kribs Under the question, from the audience Carol Hove, 516 "0" Avenue, asked if this matter could not be voted on by the whole City Members of the Council asked the City Manager if the question could not be entered into the general survey which is being prepared to forward to the general public Mr Olander said he anticipated sending it out in about another month, but it primarily was to deal with City services and felt the question concerning the ward system would be difficult to explain in one short question Mayor Figenshow called for the vote on the motion Ayes --Rock, Kribs, Separovich No-- Figenshow, Cleland, Kiel, Moore Motion failed PUBLIC HEARING ON STREET IMPROVEMENT ORDINANCE Mayor Figenshow declared a public hearing continued on a proposed ordinance which would require improve- ments similar to those required in newly platted areas in the old, already - platted areas of the City which have never been developed Council, at the opening of the public hearing on September 2, 1980, requested section 2B be 3'72 September 15, 1980 - continued - - - - - - - - - - - - clarified Manager Olander elaborated stating the present subdivision code does not cover a large part of town This would allow a developer to make improvements without installing paved streets, storm drains, etc The instant ordinance is designed to cover that problem and will require a developer to make such improvements The difficult part of drafting the ordinance was in considering the individual lot owner This was solved in the ordinance by stating that in those particular cases where there are one or two lots involved, the owner would get permission to build without such improvements providing he agrees to an LID in the future for such improvements After some discussion, Dick Dildine, 1211 6th Street, addressed the Council and asked how this ordinance would effect the developer who builds one house at a time, sells it and then builds another He was informed that anyone owning more than 1 or 2 lots would be prohibited from so doing Mr Pres Holton, 2320 11th, said he would like to again ask the Council to enact an ordinance which would have more control over the development of the City and not allow a hodge- podge of plats with a variety of street widths, designs, etc which do not blend together This was well received by the Council and Mr Moore said he felt the Council should pursue Mr Holton's suggestion further Mayor Figenshow declared the public hearing closed City Attorney Mansfield the read, by title, the proposed ordinance Motion by Mr Kiel, seconded by Mr Separovich, that the ordinance be passed and given ORDINANCE NO 1836 Vote Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried RESOLUTION ADOPTING REVISED PARK COMPREHENSIVE PLAN The changed Park Comp- rehensive Plan was reviewed and discussed at the Council public hearing on September 2, 1980 At that time, Council directed a Resolution be drafted for approval Proposed resolution was read, by title, by Attorney Mansfield Motion by Mr Separovich, seconded by Mr Rock, that the Resolution be adopt- ed and given RESOLUTION NO 622 Under the question, Mr Olander briefly reviewed the projects outlined in the Park Comprehensive Plan being approved Vote Ayes --Kiel, Moore, Rock, Kribs Separovich, Figenshow, Cleland, Motion carried PUBLIC HEARING ON CEDAR GROVE ANNEXATION PROPOSAL Mr Olander explained that in order to comply with the regulations requiring the setting of a public hearing within 60 days of receipt of a petition for annexation, the public hearing on this matter had been scheduled for September 15, 1980 However, the matter had not yet been considered by the Planning Committee and, therefore, could not be heard by the Council He recommended the public hearing date be postponed to October 6, 1980 Motion by Mr Rock, seconded by Mr Kiel, that the public hearing on the proposed annexation be post- poned to October 6, 1980 Vote Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried NEW BUSINESS PUBLIC HEARING ON SIX-YEAR STREET PLAN Mayor Figenshow declared a public hearing to be open to consider an up -dated Six -Year Street Improvement Plan Mr Jim Pemberton, Engineering Supervisor, briefly reviewed the projects listed in the Six -Year Transportation Improvement Program which is required to be updated annually under State law and filed with the Secretary of Transportation Mr Pemberton pointed out that it is important to remember that any projects the City May be considering must be included in this Program before any funding can be applied for He stated this years program is similar to last years with the exception that "R" Avenue from 34th to 22nd has been added to provide for a maintenance overlay and a proposed traffic signal for 22nd and Commercial has also been added There followed discussion of the various projects and Mayor Figenshow asked for comments from the audience Dick Dildine, 1211 6th, suggested incorporating a project which would connect possibly West 2nd or West 3rd with the encircling road around the new develop- ment of Clearidge in the west end of Anacortes This idea was well received Mr Warren Heglin, 1311 32nd Street, addressed the Council and said he was the owner of several lots on 32nd Street He wished to know what effect the 32nd Street project would have on the property owners in his area Mr Heglin was advised that at the present time, the City has not yet begun the preliminary engineering studies to learn dust what will be necessary to carry out the project as proposed -- how much right-of-way, costs, etc -- although the City has received approximately $40,000 from the Federal Aid Mayor for these preliminary engineering studies Until these studies have been com- pleted, the City will not be able to answer the property owners' questions There was additional discussion with the Council and then Mr Francis Orr, 1617 32nd Street, addressed the Council He believes the improvement of 32nd Street as presently proposed would be a mistake He pointed out on the view foil map his suggestion that the west end accrss road should go 1 1 1 September 15, 1980 - - - - - -- - - -- - - -continued directly west from the state highway entrance into Anacortes. According to Mr. Orr, there would be far less disruption of residences, an easier construction, etc., if the roadway were built directly west to "D" Avenue and made wide enough to allow for future growth. There was additional discussion about the priorities, funding, whether or not the plan could be changed. Also, the Council siad they would like to hear a presentation relative to Mr. Orr's idea. Motion by Mr. Rock,- seconded by Mr. Separovich, that the public hearing be continued to the meeting of October 6, 1980. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. AWARD OF BID ON TELEMETRY AND INSTRUMENTATION MAINTENANCE CONTRACT Public Works Operations Sipt., Mike Foster, advised that pursuant to call for bids on the maintenance contract for the telemetry and instrumentation at the Water Treatment Plan and Wastewater treatment plant, only one bid was received from Automation Services, Inc. of Bothell, WA., in the amount of $6,700 plus tax of $335. Mr. Foster said this bid ipet all specifications and recommended it be accepted. If the firm does not live up to expect- ations, the contract can be cancelled on 30 -day notice. Motion by Mr. Separovich, seconded by Mrs. Kribs, that the contract be awarded to Automation Services, Inc. as recommended. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. AMENDMENT TO PERSONNEL CLASSIFICATION PLAN Personnel Director, Ken Kinzel, explained that this item was brought about by agreement with Local No. 347 of the AFSCME during union contract negotiations for 1980 that the City would review the unit classifications for personnel to assure that they were all appropriate according to their inter -relationships. Specifically, the classification of concern was the Maintenance Worker -Entry Level. This classification was reviewed and compared to job descriptions contained in the 1980 Salary Survey conducted by the Association of Washington Cities and also discussed with the firm of Donworth and Taylor, who designed the City's classification plan. It was recommended that this particular level position be graded 1 grade higher. Mr. Kinzel informed the Council that only 2 employees in this position would be effected as all other employees in this grade are already either beyond the merit level or subject only to merit increases. Mr. Mansfield then read, by title, a resolution authoriz- ing an amendment to the Labor Agreement with Local 347, AFSCME, and attaching said Agreement which changed the grade level of Maintenance Worker -Entry Level to salary grade 10. Motion by Mr. Kiel, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 623. Mr. More questioned the union's position on this change and was advised it would not be effective unless the union concurred. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Mr. Olander asked all Council members who wished to attend an all -day conference session in Mount Vernon on October 17th, being sponsored by the Association of Washington Cities, to let him know so he can make the reservations. Several of the Council expressed their desire to attend. Mr. Separovich commented that it was too bad that the City of Anacortes did not get the new cold storage plant which is, according to the news media, planning to be opened in Mount Vernon. Mayor Figenshow asked the Council to remain for an executive session to discuss salary administration. There being no further business at 9:10 p.m. Ida olph, Executife Secretary October 6, 1980 to come before the Council, meetourned S. igew, Mayor Meeting called to order at 7:30 p.m. by Mayor Figenshow. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Charles Kiel. Ken Moore and Tom Cleland entered shortly thereafter. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel, that the minutes of the previous meeting held on September 15, 1980 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Clelamd, Kiel, Moore. Motion carried. . 1 October 6, 1980 - - - - - -continued: CORRESPONDENCE Manager Olander read a letter from the Navy League asking that the week of October 9th through October 15th be named as Navy Week. CITIZEN HEARINGS Mayor Figenshow invited anyone in the audience who wished to speak on any item not on the agenda to address the Council. Mr. Robert Edwards, Construction Superintendent, stated that his company intended to comply with the City directive to remove the construction trailers from the site of the project at the Guemes Ferry terminal, but that they did not appreciate the manner in which they were notified; that it was extremely short notice and that they would need an extension of time in which to do so as they had inquired at all available facilities and had not yet been able to find a suitable location. Mayor Figenshow asked the City Manager to recap the situation for the benefit of the audience and Mr. Olander stated that when the project first began, the City had received complaints about building materials and trailers blocking the view of neighborhood residents; that Manson had been very cooperative and had re -located the materials, etc. Just recently, a citizen complaint brought to the attention of the City that some trailers had been located in a lower area. This was a formal complaint and necessitated the City giving notice to remove them to Manson. The Council agreed to give the construction company additional time to remove the trailers to a suitable location and Councilman Moore commented it upset him to learn the company felt they were badly treated and he hoped the matter could be amicably resolved. OLD BUSINESS CONTINUATION OF PUBLIC HEARING ON 6 -YEAR STREET PLAN Mayor Figenshow declared a public hearing to be open and Public Works Director, Dave Ford, reviewed the purpose of the plan stating it was required annually under state law to be filed with the Secretary of Transportation. After the meeting of September 15th, staff had included the upgrading of the intersection of Hillcrest and Whistle Lake Road to the list of projects. Mr. Ford then pointed out on a large map the various projects which are listed in the Plan and said the proposition of possibly connecting West 2nd or West 3rd with Clearidge Addition would not be feasible. The only road out that way which could possibly be extended would be West 4th, then possibly tieing into Oakes Avenue is a safe location could be found. Mr. Ford then answered several questions put to him by members of the audience concerning the proposed extension of 32nd Street to the west end of Anacortes. He reiterated that no specific figures on street widths, right-of-way, etc. could be given until preliminary engineering studies were completed. Citizens objecting to the proposed 32nd Street extension in- cluded Virgil Cole, 1620 32nd; Francis Orr, 1617 32nd; Richard Dildine, 1211 6th, etc. Mr. Pres Holton was in favor of widening the City's arterial streets; he said there was a lot of opposition to putting "D" Avenue through, but now certainly not many people would like to see it eliminated. He believes that 15th Street is the ideal location for a west end road and that there should be an 80 -foot right-of-way with 40 -feet pavement for safety. Mr. Ford said the City was trying to improve the City's arterial streets that everyone uses - where they can get from one place to another with the fewest stops. Council- man Kiel said he felt the City should be concerned about not (unintentionally) creating heavy traffic through a residential area and should look at long term traffic flow in the City. It was brought out that the proposed extension of 32nd Street has been on the City's Six -Year Street Plan since 1971 and even if the City only wanted to overlay and improve 32nd Street, it would still have to be on the Plan before any funding could be granted. Mr. Dildine commented the Council should include in the plan a resolution that any further developments would have to accomodate a west end access road; he offered to show the Council some aerial slides which might aid in determining a better possible west end route. Mr. Rock reminded the Council that they could add or delete from the 6 -Year Street Plan at any time by resolution and felt they should explore all possibilities, but did not feel it could be done in just a short period of time. He would like to see the route suggested by Mr. Dildine on the Plan. After additional discussion, motion by Mr. Separovich, seconded by Mr. Moore, that the matter be discussed at a study session three weeks hence and the public hearing continued to the meeting of November 3,1980 Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. PUBLIC HEARING ON PETITION FOR ANNEXATION On the matter of a petition for annexation of property proposed for mobile home park named "Cedar Grove", motion by Mr. Rock to continue the public hearing to November 3, 1980 because the Planning Commission had not yet made their recommendation. Seconded by Mr. Separovich. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. 375 October 6, 1980 - - - - - - - - -continued: NEW BUSINESS - REQUEST TO PURCHASE RAILROAD DEPOT PROPERTY Manager Olander advised that the parcel of property proposed to be purchased from the Burlington -Northern Railway was 60 feet X 680 feet; that the Railway had offered to sell it for $70,000. The City's appraisal was slightly higher than that. He recommended funding the purchase with a loan from a City fund with surplus funds, at a reasonable interest rate, with repayment over a period of years from the City's Property Acquisition Fund. It was his recommendation that the Council authorize purchase of the property. After a brief discussion, Attorney Mansfield read a proposed resolution authorizing the purchase as described. Mr. Mansfield reminded the Council that this acceptance acted only as an earnest money agree- ment and final purchase documents would come later. Motion by Mrs. Kribs, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 624. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. PUBLIC HEARING ON PETITION FOR ALLEY VACATION Mayor Figenshow declared a public hearing to be open to consider a petition from the Washington Federal Savings and Loan for vacation of a partial alley. Mr. Ken Kinzel, Community Development Director, reviewed the petition stating it was presented by Wash- ington Federal and also Mr. Harold Trulson, owner of the property on the opposite side of the alley from Washington Federal's property. The partial alley involved is located between Commercial Avenue and "Q" Avenue and 10th and 11th Streets. It is not a through alley, no utilities are located in it and it is not related in any manner to the City's street or service plan. There were no objections by City staff. Mr. Kinzel also advised that the Planning Commission considered the petition at their meeting of September 24 1980 and recommended that the Council grant the vacation. There was no comment from the proponent. Councilman Moore asked for additional explan- ation on the manner of determining the value of the land and he was informed it was according to state law - the land is appraised and then the applicants pay the City one-half the appraised value. It was brought out that in any application for vacation, 2/3 of the abutting property owners must join in the vacation petition. From the audience, Richard Dildine, 1211 6th, asked the purpose of the vacation and whether it would be of any benefit to the public. Mr. Figenshow indicated he did not see the purpose; Mr. Kiel asked if it was in place of the encroachment agreement proviously asked for and granted by Council. Mr. Separovich said he was under the impression the purpose was for additional praking and to allow utilization of the land without having to spread over.: a whole block; that the benefit to the public will be a new bank building. The Council was reminded that this vacation was part of the original plan presented by Washington Federal when they applied for the encroachment agreement. Joanie Sattler, Assistant Manager of Washington Federal, addressed the Council and reiterated that their plans were to pur- chase the other half of the alley from Mr. Trulson and use it for traffic access if the vacation is granted. Mr. Ford said he believed the plans showed this particular alley would be for a drive-in window for the bank. Attorney Mansfield further explained the underlying meanings of vacating a dedicated right-of-way and how the state law came about. Mr. Dildine remarked this explanation further supported his contention that right-of-ways were valuable to the public and the public should be advised what a developer whished to do with the land. Mr. Moore agreed. After further discussion, Mayor Figenshow declared the public hearing to be closed. Motion by Mr. Separovich, seconded by Mrs. Kribs, that the peition for vacation be granted and an ordinance prepared for Council consideration. Vote: Ayes - Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. ORDINANCE SETTING 1981 PROPERTY TAX LEVY Mr. Olander reviewed the City's obligation to certify the assessed valuation placed on property to be taxed within the City limits by the Skagit County Auditor's office. He explained the 106% tax law which limits the amount per thousand dollars valuation that the City of Anacortes collects. The City is also obligated to levy 22�� per thousand for the Firemen's Pension Fund and a very small amount for new construction. This constitutes the basic regular levy. The only item coming under the excess levy is the outstanding 1977 General Obligation Bond issue at $165,625. The total tax levy for 1981 is $774,082.00. Attorney Mansfield then read, by title, an ordinance levying the tax upon real and personal property within the City for municipal purposes for the year 1981. Motion by Mr. Cleland, seconded by Mr. Kiel, that the ordinance be apssed and given ORDINANCE NO. 1837. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Motion carried. October 6, 1980 - - - - - - - -continued: HEARING DATE FOR ANNEXATION PETITION ON WEAVERLING SPIT Mr. Olander pointed out that in order to comply with the law, a public hearing date must be set with- in 60 days of receipt of a petition for annexation. He recommended a date be set and then the matter referred to the Planning Commission for an informal recommendation. Motion by Mr. Kiel, seconded by Mr. Separovich, that a hearing date be set for December 1, 1980. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. ORDINANCE AUTHORIZING ISSUANCE OF BONDS ON LID NO. 189 Finance Director, George Khtaian, addressed the Council and stated this proposed ordinance is the final "housekeeping" ordinance necessary to issue the bonds previously authorized by the Council on this LID. Final signing is set for October 16, 1980. Proposed ordinance was read, by title, by Mr. Mansfield which provided for the issuance of bonds for LID No. 189 in the total principal sum of $73,589.40. Motion by Mr. Kiel, seconded by Mr. Rock, that the Ordinance be passed and given ORDINANCE NO. 1838. Vote: Ayes --Rock, Kribs, Separovich, Figneshow, Cleland, Kiel, Moore. Motion carried. ORDINANCE AUTHORIZING ISSUANCE OF BONDS ON LID NO. 192 Mr. Khtaian described this proposed ordinance as being in the same category as the one passed on LID 189. Mr. Mansfield read, by title, the proposed ordinance authorizing the issuance of bonds of LID 192 in the total principal sum of $193,505.25. Motion by Mr. Separovich, seconded by Mr. Cleland, that the ordinance be passed and given ORDINANCE NO. 1839. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. PERMISSION TO EXTEND WATER CONTRACT WITH SHELL OIL COMPANY Mayor Figenshow exused himself from the meeting and relinquished his Chair to Vice Mayor, Ray Separovich, to avoid any conflict of interest in this matter. Mr. Separovich asked if there was any discussion and Mr. Moore asked if this extension was automatic. Mr. Olander explained that Shell Oil Company had an option in their contract to extend the basic contract for another ten year period; that they were merely exercising this option; the City has no choice in the matter as it was part of the agreement made 25 years ago. There was some discussion of the yearly and five -yearly rate adjustment negotiations which are also part of the contract. Mr. Mansfield then read, by title, a resolution authorizing the extension of the basic contract. Motion by Mr. Kiel, seconded by Mr. Rock, that the water contract with Shell Oil Company be extended for another 10 years and the resolution be adopted and given RESOLUTION NO. 625. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Mayor Figenshow was then called back into the meeting and resumed his Chair. REQUEST TO EXECUTE CONTRACT ON NEW COPY MACHINE Manager Robert Olander briefly outlined the significant cost savings to the City by changing from the Xerox copier to the Savin which information had been given in detail to the Council at a study session. Mr. Mansfield read, by title, a resolution authorizing the execution of an agreement between the City and Savin Corporation for the purchase of a Savin 880 Copier. Motion by Mr. Separovich, seconded by Mr. Rock that the resolution be adopted and given RESOLUTION NO. 626. Under discussion, for the record, Mr. Olander pointed out that the purchase is under the State contract and thus, no bidding was necessary. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion Carried. Mayor Figenshow referred back to the letter from the Navy League and suggested the City make the proclamation as requested. Motion by Mr. Kiel, seconded by Mr. Separovich that the week of October 9th thru 15th be proclaimed "Navy Week". Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Carried. Mayor Figenshow asked the Council to stay after meeting for an Executive Session to discuss labor negotiations and property sales. Councilwoman Kribs asked for additional information concerning the letter to the Council regarding crosswalks in the City and there followed considerable discussion concerning the pros and cons of having crosswalks. Inasmuch as it has become City policy not to have crosswalks at uncontrolled intersections, it was suggested an article be put in the next City newsletter explaining the City's position to the general public. Regarding the naming of a committee to do further study on the matter of a facilities fee ordinance, Mayor Figenshow suggested the following people: James Rice, Ron Gold, Otis Piburn, Ken Kinzel, Karolyne Kribs, Ray Separovich. 377 October 6, 1980 - - - - - - -continued: Motion by Mr. Rock, seconded by Mr. Cleland that these people be named to the committee to study the various options and come back to Council with a recom- mendation. Under discussion, Mr. Cleland suggested that possibly a member of the business community should also be named. This was generally agreed to and Mayor Figenshow asked Chamber of Commerce Manager, Maria Petrish, to suggest a possible member. Mrs. Petrish agreed to do so. Mr. Rock withdrew his motion. There being no further busin-ss to come before the Council, meeting adjourned to an executive session at 10:00 p.m. 4J-4— IC-V� Ida Rolph, Executive Sedretary S`. Flgeryshc�a, Mayor October 20, 1980 �o Meeting called to order at 7:30 p.m. by Mayor Figenshow. Invocation was given by Lt. Michael Walsh of the Salvation Army. Roll call found present: Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. Bud Rock was absent. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Separovich that the minutes of the prevoius meeting held on October 6, 1980 be approved as if read. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE City Manager, Robert Olander, read a letter from Mr. Brion Toss in which he requested a conditional use permit to use the loft of the former St. Mary's Church on 7th and "N" Avenue to make boat sails until another location became available. Mr. Olander then read his proposed reply letter advising Mr. Toss that to do so would be illegal because the zoning at said location is Residential -Medium and such use is not permitted even under a temporary conditional use permit. Mr. Olander further advised that Mr. Toss could apply for a zone change or an amendment to the zoning code. Council agreed with the letter to Mr. Toss. Councilman Separovich then read a letter he had received from Mr. John Martinis of the Legislative Transportation Committee advising the State Dept. of Transportation had recognized the need for a traffic signal at 22nd and Commercial and that it had been put in their budget for installation in 1982. CITIZEN HEARINGS In response to the Mayor's invitation to anyone in the audience to speak on any item not on ghe agenda, Mr. Pres Holton, 2320 11th St., addressed the Council and said he felt the political signs posted in the right-of-way along 12th Street should not be allowed. Mr. Bob Pickett, 3rd and "O" Avenue, addressed the Council and spoke on behalf of Brion Toss' request to use the loft in the former church building. He asked the Council to re -consider their decision and elaborated on the need of a sail - maker to have a large, wooden floor area. His opinion was that the area of the former church could not be rezoned to make the use legal. Attorney Mansfield reiterated that the requeste use was not permitted under the conditional uses permitted in the present zone and that the Council and Planning Commission could not deviate from the laws set down by the City, After additional discussion, Mr. Brion Toss, 904 10th Street, addressed the Council and said when he and his partner had selected the location and applied for a business license, it had not occurred to them that their proposed business could be an inconvenience in any way; that they had polled at least 10 of the immediate neighbors and no one had any object- ions. He also stated it was not a place they wished to remain indefinitely, but it was the only place suited to their needs in town at the present time. At this point, Mr. Separovich suggested the Council examine the matter further at the next study session. Mr. Olander felt it would take less time to apply for an amendment to the zoning code to permit it as a conditional use in that particular zone, but reminded the Council such an amendment would effect the whole City and not just that one area, and that it would have to go to the Planning Commission for public hearing prior to the Council holding a public hearing - thus it would take approximately 6 weeks. Mr. Dick Dildine, 1211 6th, addressed the Council and asked if permission could not be granted for just a specific length of time. Mr. Kinzel read from the zoning code the conditional uses permitted at the present time in a RM zone and Mayor Figenshow suggested Mr. Toss apply for amendment to the zonding code as recommended. Councilman Moore complained that the Council had not received any information on this reauest prior to the meeting and Mr. Olander explained the request had just been received with a request for a decision at this meeting. October 20, 1980 - - - - - - -continued: OLD BUSINESS ALLEY VACATION ORDINANCE Attorney Mansfield ready, by title, a proposed ordinance granting vacation of the partial alley between Commercial Avenue and "Q" Aveneu and 10th and 11th Streets, which was approved by the Council at the meeting of October -6th, to Washington Federal Savings & Loan and Harold Trulson. Motion by Mr. Separovich, seconded by Mr. Cleland, that the ordinance be passed and given ORDINANCE NO. 1840. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Kribs. Motion carried. NEW BUSINESS PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING CODE Mayor Figenshow briefly explained the public hearing process and declared a public hearing to be open to consider a proposed amendment to the City's zoning code which would delete the existing 10 -acre maximum size for a mobile home park. Planning Director, Ken Kinzel, presented information indicating that there was con- siderable concern about this regulation as it was too restrictive from the standpoint of economic feasibility. All proposals for mobile home parks have been in excess of this size. The Planning Commission had reviewed the matter and had found that there were adequate safeguards provided to allow control of the size of such developments since they are all subject to the planned unit development process which allows each proposal to be considered on its own merits. Also, each development must be found compatible with adjacent land uses. The Planning Commission recommended that the 10 -acre maximum be deleted from the zoning ordinance. Staff agrees with this recommendation. Mr. Olander then read a letter from Realtor Ray Carpenter in which he stated he felt the 10 -acre maximum should remain and gave as reasons that the smaller parks would be more aesthetically acceptable, be less of a drain on City utilities, etc. Also, that larger parks would allow for too high a density. There were no further staff comments. From the audience, Mr. Dick Dildine, 1211 6th, addressed the Council and said he wished to second the opinions of Mr. Carpenter. There followed discussion of how the different zones could increase in density by meeting certain criteria. Attorney Mansfield said that because this was a hearing to consider an amendment to the zoning code itself, and didnot apply to any specific proposal for a mobile home park, the City only posted the required notice in the newspaper. He suggested that possibly the Council would wish to continue the hearing so that additional notices could be mailed to interested parties and thus receive additional in -put and information. Motion by Mr. Separovich, seconded by Mr. Kiel, that this public hearing be continued to the Council meeting of November 3rd, 1980 and that the Planning Commission furnish the Council with additional inform- ation. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Kribs, Separovich. Motion carried. AWARD OF BID ON POLICE VEHICLE Mr. Olander stated that, at Council direction, bids were called for on a new police vehicle. Tow bids were received; one for $9,102.45 and one for $9,056.25. It was felt these prices would be from $1,000 to $1,800 more than the City could purchase a comparable vehicle under the State contract. However, the State contract will not be let until in December. It was Mr. Olander's recommendation that these bids be rejected and the City wait until the State contract is let. After a brief discussion, motion by Mr. Separovich, seconded by Mr. Cleland that the matter be deferred until bids under the State contract are available. Vote: Ayes --Kiel, Moore, Kribs, Separovich, Figenshow, Cleland. Motion carried. FINAL PLAT APPROVAL, HORIZON HEIGHTS DIVISION 2 Public Works Director, Dave Ford, asked that this item be deleted from consideration as the developer still has to complete a few items before final plat approval can be considered. AWARD OF BID ON WATER TREATMENT CHEMICALS Mr. Ford reviewed the call for bids on the various chemicals needed for treatment of the City water at the water treatment plant and recommended the following bids be accepted: Sodium Silicofluoride VWR Univar Company at $ 26.15 per hundred weight Liquid Chlorine Jones Chemical at 233.74 per ton Aluminum Sulfate Stauffer Chemical at 111.59 per ton Polymer Calgon Corp. at 1.89 per pound No bids were received for the lime and he suggested this item be negotiated. Mr. Ford also pointed out that from now on, a deposit of $750 will be required on each cylinder which contains the Chlorine. Motion by Mr. Kiel, seconded by Mr. Separovich, that the bids as recomme-ded by staff be accepted. Vote: Ayes --Kiel, Moore, Kribs, Separovich, Figenshow, Cleland. Motion carried. Mayor Figenshow advised Mr. Ford that he would be able to supply the names of several firms who would be interested in bidding on the lime. October 20, 1980 - - - - - - - continued: RESOLUTION AND ORDINANCE PERTAINING TO PURCHASE OF RAILROAD DEPOT PROPERTY At the meeting of October 6, 1980, Council authorized the purchase of a parcel of land 60' X 685' on which the old Burlington -Northern depot is located. In order to complete this transaction, Attorney Mansfield read, by title, a pro- posed resolution authorizing the City to borrow the sum of $50,000 from the Water Fund and deposit it in the Property Acquisition Fund so that the property could be purchased. Repayment to the Water Fund from the Property Acquisition Fund will be over a period of 6 years at 8�% interest. Motion by Mr. Moore seconded by Mrs. Kribs, that the resolution be adopted and given RESOLUTION NO. 627. Under the "question", there followed considerable discussion con- cerning the validity of borrowing from another City fund to make such purchases and then paying it back over a period of years rather than paying back now as much as possible to the Water fund from the Property Acquisition Fund. Council- man Cleland moved to amend the original motion that $30,000 be borrowed from the Water Fund instead of $50,000 and the payments then be adjusted down - accordingly. For the sake of discussion, Mr. Separovich seconded this amend- ment, and siad he felt that the City should keep as much money on hand as possible in order to make other purchases if they should come up. Me. Cleland did not agree with this and said he felt the City should pay as much as it could on its debts because there was no guarantee that there would be future sales of property which would bring in the funds needed to make the yearly payments from the Property Acquisition Fund. Attorney Mansfield said the laws governing inter -fund loans were described in the state laws and Mr. Olander said this was a common practice in other cities. Vote on the amendment: Ayes --Cleland. No --Moore, Kribs, Separovich, Figenshow, Kiel. Amendment failed. Vote on the original motion: Ayes--Kribs, Separovich, Figenshow, Kiel, Moore. No -- Cleland. Motion carried. Mr. Mansfield then read, by title, a proposed ordinance amending the 1980 budget to allow for the transactions described above. Motion by Mr. Separovich seconded by Mrs. Kribs, that the ordinance be passed and given ORDINANCE NO. 1841. Vote: Ayes--Kribs, Separovich, Figenshow, Kiel, Moore. No --Cleland. Motion carried. Councilman Cleland commented that he felt the Council should have been more informed about the proposed method of paying for this property at the time of decision to purchase it as it would have possibly been a factor in making the decision. AWARD OF BID - CATHODIC PROTECTION OF R AVENUE WATERLINE Public Works Director Ford reviewed the location and necessity of calling for bids on cathodic protection for two steel waterlines in the City. The project had been previously budgeted for, and the City received 6 bids. The lowest bid, from Norton Corrosion, Ltd. of Woodinville, Wa. was for $47,350.80. This firm has done most of the City's cathodic protection work in the past and is very reliable and responsible. Mr. Ford recommended acceptance of their bid. Motion by Mr. Separovich, seconded by Mr. Cleland, that the low bid of Norton Corrosion in the amount of .$47,350.80 be accepted. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Kribs. Motion carried. PROCLAMATION Attorney Mansfield then read a<rProclamation that October 20th to 25th be named as Soroptimist Week in;honor of that organization's founding in 1948 and its service to the community: Motion by Mr. Kiel, seconded by Mrs. Kribs, that the Council ratify this Proclamation. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Kribs, Separovich. Motion carried. FIREFIGHTER'S CONTRACT FOR 1981 Mayor Figenshow asked this matter be deferred to after a brief executive session at the end of the meeting for action in open meeting. Manager Olander then asked Council members to respond to correspondence received from the Assoc. of Washington Cities concerning upcoming legislation on Revenue Sharing and urged them to support its continuation. Council reviewed a proposed budget review schedule proposed by the Manager and, after a couple of date changes, agreed to such a schedule to discuss and review the proposed budget for 1981. Council adjourned for a brief executive session and reconvened the meeting after about 10 minutes. RESOLUTION ADOPTING FIREFIGHTER'S CONTRACT FOR 1981 Attorney Mansfield read, by title, a resolution authorizing execution of a Labor Agreement between the City and Local No. 1537 of the International Association of Firefighters for the year 1981. Motion by Mr. Moore, seconded by Mr. Separovich, that this resolution be adopted and given RESOLUTION NO. 628. Vote: Ayes --Cleland, Kiel, Moore, Kribs, Separovich, Figenshow. Motion carried. October 20, 1980 - - - - - -continued: Mayor Figenshow was about to close the meeting, but recognized a representative of the press who wished further explanation concerning certain actions of the Council. His questions were discussed at some length and the meeting adjourned at 10:00 p.m. i Ida Rolph, Executi S cretary K. S. FiZ�4ow, Mayor November 3, 1980 Meeting called to order at 7:30 p.m. by Mayor protem, Ray Separovich. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Charles Kiel and Ken Moore. Mayor Knute Figenshow was excused. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Moore, that the minutes of the previous meeting held October 20, 1980 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE City Manager Olander read a letter from the VEC Corporation requesting a discussion with the Council on the recently -passed "Street Ordinance" No. 1836. Motion by Mr. Kiel, seconded by Mr. Cleland, that this item be put on the agenda for the Council study session November 10th. Vote: Ayes--Kribs, Separovich, Cleland, Kiel, Moore, Rock. Motion carried. CITIZEN HEARINGS There was no response from the audience to Mr. Separovich's invitation to speak on any item not on the agenda. OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON 6 -YEAR STREET PLAN Public Works Director David M. Ford reviewed proveious discussions of the proposed 6 -Year Street Plan at regular Council meetings of September 15th and October 6th and study sessions in between. He stated the present proposed plan in- cluded all the suggestions of the Council and enumerated the final list as follows: Asphalt pavement overlay of "R" Ave. from SR 20 to 22nd Street; the west end road project (32nd St.); traffic signal at 32nd and Commercial; design & construction of 32nd, Commercial to "I"; "I" to "D"; "D" Avenue 12th to 37th; 37th "A" to "D" and "A" Avenue 37th to City limits; traffic study "R" Avenue SR 20th to 34th; miscellaneous pavement overlays; asphalt overlay "D" Avenue 12th to 2nd; regrade intersection fo Whistle Lake and Hillcrest Drive; acquire right-of-way, design & construct inter -connection (local access road) 4th Street with Anacopper-Clear&dge. Mr. Ford reiterated that this plan could be changed at any time by resolution and by informing the State. Another update of the Plan is due in Olympia by June or July of 1981. It must be filed each year. At this point, Manager Olander pointed out that it is probably about time that the Council took a look at the City's Arterial Circulation Plan and projects for the 6 -Year Street Plan should be taken from that master plan. He suggested the Circulation Plan be put on the Council's agenda for their first study session in January of 1981. There followed additional discussion of the 32nd Street project and the public was assured that before any decisions are made, design hearings will be held to provide the property owners the opportunity to look at what is proposed and give their views. From the audience, Mr. Virgil Cole, 1620 - 32nd Street, addressed the Council and asked whether City staff had considered the close proximity of the overhead power lines and what would be done with them if the street is widened. He was advised that at this time the City does not know what exactly will be done with 32nd and when and if the City gets to the design phase, all property owners will be notified of the hear- ings. Dick Dildine, 1211 6th Street, asked how much'the public would have to say about a street project in the event the State should pick out one from the 6 -Year Street Plan and fund it. Councilman Moore responded by stating he had asked the same question and had been told that in such an event, the City still has to accept the project. Mr. Separovich asked if there were further comments from the Council and Mr. Kiel expanded on the need for the Council to review the Traffic/Arterial Cicrulation Plan. Mr. Separovich then closed the public hearing. Attorney Mansfield then read a resolution, by title, adopting a revised and extended Comprehensive Street Program. Motion by Mr. Cleland, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO.629. Vote: Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. November 3, 1980 - - -continued: NEW BUSINESS PUBLIC HEARING ON PETITION FOR ANNEXATION (of area proposed for "Cedar Grove" Mobile Home Park) Mr. Separovich declared a public hear- ing open to consider a petition from Richard Ballow that the City annex 40 acres outside the City limits and adjacent to the corporate limits, located generally southeasterly of 41st Street and "A" Avenue. City Manager, Robert Olander, prepared to give the staff report and recommendations and the recommendations of the Planning Commission, but stated before getting into that information, it was his understanding that the petitioners (at least as of that afternoon) had in mind to request a continuance; and perhaps the petitioners should be asked if they are requesting a continuance and dispose of that item first. Mr. Mike Smith, attorney.representing Mr. Richard Ballow, addressed the Council and stated his client was in Alaska and had asked the matter be continued for another 30 days because, after the Planning Commission meeting, it became obvious that members of the Commission did not wish to have a mobile home park in the location proposed. However, if the property were annexed, perhaps it would be in the best interests of his client and, secondly, it would be possible to propose a mobile home park for the property without the low density desig- nation previously asked for. He further stated that the Planning Commission recommended that if it was annexed, it should come into -the City in a Rural designation. His client may still want that, but since the adverse reaction occurred only about a week ago, they have not had sufficient time to discuss it and make a decision. Mr. Ballow will not be returning from Alaska for several weeks and, therefore, Mr. Smith requested a continuance on his client's behalf for sometime beofre the 15th of December or after the first of January, preferably probably January. Mr. Rock then moved that the public hearing be continued to the first meeting in January. Seconded by Mr. Kiel just for the form of the business. Under discussion, Les Johnson, attorney, addressed the Council and said he represented 13 property owners in the vicinity of the proposed mobile home park. He said the Planning Commission, at their meeting of October 12st, decided to make a negative recommendation for all 4 proposals that were coming before the Council. At that time, it was understood that all proposals would be considered by the City Council at this meeting of November 3rd. Between the Planning Com- mission meeting and the present Council meeting, there was no indication it would not be heard by Council. Mr. Johnson said he felt there could have been more advance notice given to the parties in opposition, as well as the City staff. There was no indication until 3:30 the afternoon of Nov. 3rd that there could possibly be a continuation. For two reasons, he felt Mr. Smith's request for continuation should be denied: one that it was not fair to the property owners present at the meeting who wished to speak on the matter and had hired him to be present on their behalf. Secondly, that the Council had requested the matter be considered by the Planning Committee and bring their recommendation to the Council. Now, if the petitioner is con- sidering revising his whole plan, the Council probably will sent it back to the Planning Commission to start all over again. Thus, there will be at least a 30 day delay for a decision which everyone thought would be rendered at the instant meeting. Attorney Mansfield summarized for the Council their options: first, that they could simply act on the motion before the Council and continue the public hearing to a certain date; secondly, deny the continuance (after hearing testimony) and make a decision based on the testimony presented; thirdly, take whatever testimony that is available and then take additional time to absorb the information and/or have additional testimony. Councilman Kiel asked that the Secretary read back the motion on the floor. Secretary did so. Councilman Moore asked Mr. Smith if there was a reason why there was not notice given ptior to this afternoon and Mr. Smith replied he didn't know for sure until about 3:30 in the afternoon and, in his opinion, they probably would not come back with the same proposal as orig- inally presented to the Planning Commission. However, the matter on the present Council agenda is a petition for annexation of the property and it does not really have anything to do with whether or not a mobile home park is put on it. There are other reasons for wanting to be annexed. He also pointed out that his client had gone to a great deal of expense to comply with all the information required in presenting this petition; that had attended numerous meetings and discussions concerning the many details that were brought up and he felt that after all of that they should have a chance to be heard. Councilman Separovich said he felt both sides had valid arguments. Mr. Johnson again reiterated his reasons for urging denial of the request for continuance and asked that he and his clients be notified when there would be a definite hearing so they would be able to state their opinions. He November 3, 1980 - - - - -continued: felt the procedure could be streamlined simply by the Council instructing the petitioner to start again at the Planning Commission level with any new proposal. Mr. Kiel said the other side of the coin is that the petitioners had made a good faith application for a number of considerations concerning this parcel of prop- erty - one of which was possible annexation. The Planning Commission recommended an affirmative recommendation to the effect that if the property is annexed, it remain as is presently zoned. Therefore, if the petitioner wants to pursue an annexation hearing, it would be right and proper for the Council to proceed based on that Planning Commission finding. In his opinion, the Council should grant the extension as•)a courtesy to the appelant and this would not greatly inconvenience the adjacent property owners as it probably would be heard at some future time, regardless. Mr. Moore told Mr. Smith he did not understand what they might be able to dis- cuss in January that could not be discussed at present and Mr. Smith said he probably could discuss about anything. Mr. Moore then asked what disadvantage there would be in speaking on them at this meeting and Mr. Smith said they were not sure yet what they wanted to do; that the statutes permitted petitioning for annexation without discussing or disclosing the intended use of the prop- erty. Attorney Mansfield summarized Mr. Smith's rather lengthy review and said that when they petitioned for annexation, there weveral other issues in front of the Planning Commission as well - an RPUD application, a zone change for a portion of Mr. Ballow's property that lies within the City; there was a change in the zoning code itself, etc. most of which involved a mobile home park. Planning Commission gave negative recommendations on most of the other items except the annexation issue where they recommended annexation but as a rural zone. Because of the other negative recommendations, Mr. Smith is looking to go back and determine if there are other alternatives they might be able to pursue before they address the Council regarding the annexation issue. The only issue in front of the Council at present is the annexation issue because the other items have not yet been sent to Council for consid- eration, and may be withdrawn. Mr. Mansfield said he assumed that what Mr. Smith is saying is that before he can properly address the issue fo annex- ation, the Council probably will want some sort of general idea as to what the proposals are and he can't answer that yet because his client has to go "back to the drawing board", so to speak. Mr. Johnson pointed out that the Planning Commission's recommendation was if the property was to be annexed, it should be rural. Also, he was prepared to talk about only the issue of annexation as was listed on the agenda, and if Mr. Smith is going to bring some other proposition, it should be started at the Planning Commission level the same as the first one. There was additional discussion about the pros and cons of going through the whole process again, the costs, time involved, whether or not to request annexation, etc. Dick Dildine, 1211 6th, addressed the Council stating: "This is the strangest non-public hearing I have ever heard. A specific issue was brought for public hearing --the annexation of a piece of property. It came with a recommendation from the Planning Commission and there are people in the audience ready to testify and they are not being heard." Mr. Dildine further said he could not understand the Council's reluctance to make a decision on this one issue and then start over again, if necessary. The continuance seems to be to find out what the applicant is going to request and the Council should not decide on that until it goes through the Planning Commission anyway, so why not say "go back to the drawing board"? Mr. Separovich again asked the Secretary to read the motion, which she did. Mr. Seaprovich called for roll call on the motion. Vote: Cleland --no. Kiel --Yes. Moore --No. Rock --yes. Kribs--yes. Seaprovich--no. No decision on the motion. Mr. Johnson asked permission to ask a question of City staff and Mr. Separovich granted his request. Mr. Johnson asked if this was a proper public hearing with proper public notices given. Mr. Mansfield said he was unable to con- firm it because Mr. Kinzel was not present. Mr. Johnson asked the same question of Mr. Smith who said he was sure it was published, but was not sure it was posted on the property. Councilwoman Kribs commented that she didn't see how the Council could consider an issue if the proponent wasn't sure he wanted to actually apply for the specific issue. Mr. Separovich asked Mr. Olander or Mr. Mansfield if they had something that would clarify the problem. Mr. Olander stated that regardless of the technicality, the issue was presented to the Planning Commission as a total package. That was the way the Environ- mental Impact Statement was drawn up and the whole development was part of November 3, 1980 - - - - - - -continued : that total package. He said he felt it would be difficult for the Council to separate that out as a particular issue; that if he were on the Council, he would want to see the whole package as one. That is the way the Planning Commission heard the proposition and the way the people at the Planning Commission testified. Mr. Kiel then asked why it appeared as an agenda item as an annexation only. Mr. Smith also asked that question. Mr. Mansfield said they were set as separate matters due to public hearing requirements and a lot of different things, but the annexation issue could be heard in accordance with the Environmental Impact Statement which the applicant has filed. It also dealt with the proposal of a mobile home sub- division. If the ultimate use of the property is going to be changed or is now in doubt, it would be difficult for the Council to consider the issue. Mr. Olander said that, technically, all items are separate public hearing items at the Planning Commission level. However, the Planning Commission heard the testimony on the annexation from both sides and then, by motion, incorporated that testimony into the public hearings on the subsequent items so it would not have to be repeated. Mr. Mansfield commented that if Mr. Smith felt there was some legal deficiency in the manner the notice was made for this hearing, then he would recommend the hearing be continued so that any deficiencies that might exist could be corrected. Mr. Moore then moved to reconsider the motion to continue the public hearing until the first meeting in January. Seconded by Mr. Kiel. Mr. Rock said he didn't think the Council could reconsider a motion which ended in a tie. Mr. Mansfield agreed it owuld be quicker just to make a new motion. Mr. Moore withdrew his motion. Mr. Rock then said he felt that if it is reconsidered, it should be in a shorter time, possibly in December. Mr. Moore agreed it should be considered as a package at a later date. Mr. Cleland also agreed it should be considered as a package in a short time. Mr. Johnson again reiterated he felt it should be started over at the Planning Commission level. Mr. Kiel again said he felt the developer had made a good faith application to the City and he may be vasci_lating, which appears to be the circumstance, but he has considerable interest in this and should be given the courtesy of being allowed to adequately define his position and approach Council. He, personally, felt the applicant was trying to hold open the option of ultimately going the full "9 yards" with the full public hearing as to his proposed project and he feels that option should be held open to the proponent. Mr. Johnson said he felt, that if the Council were given a period of time in which to make up their minds what they wanted to do and then if the instruction is for them to come back to the Council at that time, it would be only fair, if he and his clients were to hear the matter, that they be given enough advance opportunity to know what they are talking about and be able to make constructive comments on it - for or against it. If Mr. Smith is given a date certain, that two weeks prior thereto, Mr. Johnson should be given his proposal so they can examine it and speak intelligently or restrain from speaking on it. He said he felt 2 weeks prior delivery is not unreasonable in light of standard practices. Mr. Kiel said he agreed. Mr. Dildine again was recognized and said there seemed to be a discusison on legal grounds between counsel and the Council, but if any new idea is to be brought before the Council at some later date, it should go through the process of the Planning Commission first. He asked if there was anything they could bring to the Council on this due date the Council is setting that would not have to first go to the Planning Commission. Mr. Kiel replied, yes, the whole project in total. Mr. Dildine then pointed out that perhaps the rest of the people in town would also like to know about the plans and the only way they would find out would be to have a Planning Commission meeting and invite them. He commented he didn't see how a new plan could be brought to the Council without first going through the Planning Commission; that it isn't proper for the Council to make this decision around the back of the Planning Commission. Mr. Olander agreed that if there are any changes made in the original whole package, it, generally, could have to go back to the Planning Commission. Mr. Moore said he felt Mr. Dildine's points are well established and asked when Mr. Johnson and the people in the area involved would know this. Mr. Olander replied that if there are nay changes, legall, it has to go back the the Planning Commission. At this.point, Mr. Separovich suggested a recess to see if something couldn't be done. Mr. Kiel replied to Mr. Separocih that he didn't think this was an item that the attorneys representing the various interests here could solve for the Council and Council has to make its own conclusion to this matter. Mr. Kiel then moved that the hearing be continued no longer than a date 30 days from now. Mr. Mansfield suggested it be a particular date, perhaps the 1st of December. Mr. Kiel revised his motion . . ► 11 November 3, 1980 - - - - - - - - -continued: to state the public hearing be continued to the first business meeting of the Council in December, 1980. Seconded by Mr. Moore. Under the question, Mrs. Kirbs suggested that Mr. Smith notify Mr. Johnson two weeks prior to the December 1st meeting of his plans as part of the motion. Mr. Mansfield inter- jected to say the Council could take this as a suggestion and would not have to make it part of the motion. Mrs. Kribs withdrew. Secretary re -read the motion and called the roll for vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. Mr. Johnson then asked Council's assurance that he would be notified at least two wwks prior to the date of the hearing of any changes or modifications in- tended by Mr. Smith and his client. Mr. Kiel asked Mr. Smith if this could be done and Mr. Smith replied stating there were two errors being made. First that the statute does not require a "package" deal and, secondly, that it must go through the Planning Commission. According to Mr. Smith, the law requires only that it be presented to the Council for their decision. How- ever, out of deference to the Council and Mr. Johnson, Mr. Smith agreed to tell Mr. Johnson within 2 weeks what they wish to do with the property, if he knows, but it might end up simply a request for annexation. Mr. Johnson was not sat- isfied with this and said he wished a guaranteed advance notice and what is to be discussed. Mrs. Kribs asked Mr. Mansfield if the Council could direct this and Mr. Mansfield replied it was not a court and the Council did not have the legal authority to require Mr. Smith to give Mr. Johnson 2 weeks notice. The Council had made it plain they would like Mr. Smith to do so. At this point, Mr. Johnson said he wanted to go on public record that unless he receives notice two weeks in advance in his possession of what Mr. Smith's proposal is going to be, he intends to "walk in here and ask for a continuance" and hope it is honored in the respect it is intended. PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING CODE Mr. Separovich opened a public hearing to consider a proposed amendment to the zoning code. Mr. Olander stated this proposal was considered by the Planning Commission prior to receipt of the application for the mobile home park proposed by Mr. Ballow. Under the current zoning code, there is a 10 -acre maximum for mobile home parks. Planning Commission reviewed this and feels it is too restrictive. They have not had any applications for 10 acres or less for such parks and they believe a 10 -acre maximum besides being too restrictive is not economic- ally feasible. Council continued this public hearing on October 20th be- cause there was no one present to testify about it. Council also requested additional information and detailed reasoning from the Planning Commission to support their recommendation, and asked that other interested parties be notified so they could be present to express their arguments for or against it. At the last Planning Commission meeting on October 22nd, they replied to the Council's request stating they assumed the reason the original 10 -acre maximum was included was to limit the impact on the community; however, they felt the RPUD process allowed an individual case-by-case identification of the particular impacts of a mobile home park and also allowed particular ways to redress those impacts. The Planning Commission felt dealing with mobile home parks on a case by case basis gave adequate control and recom- mends the Council lift that maximum and no maximum size be placed on mobile home parks. Mr. Separovich called for audience comments and recognized Mr. Mike Smith who stated he had learned a lot about mobile home parks and the tremendous demand for them in the time he has been associated with Mr. Ballow. He also found that almost everywhere in the state applications to put in mobile home parks have been denied, so it comes down to a policy question as to whether or not the Council wishes mobile home parks within the City limits. There are valid reasons on both sides. The current move is for having property zoned for mobile homes to take care of the demand. He said it was his opinion the Council owed it to the citizens to provide this kind of mobile home living which they demand. Regardless of that, he also testified that with all the requirements necessary to make a nice project of a mobile home park, and there are streets, sidewalks, curbs, common areas, organ- ized play areas, etc., it cannot be done on 10 acres of ground; it is not cost-efficient to do so. There can be only about 6 units per acre, with all the bonuses, which would be about a 6,000 square foot lot by the time the land is used for the streets, etc. Mr. Smith said he believed deleting the 10 -acre maximum would be a very simple way to eliminate all the mobile home controversy. So, if the City doesn't want mobile home parks, all they have to do i-8. retain the 10 -acre maximum because there won't be any parks in that size. If the City does want mobile home parks, there are many, many safeguards to assure the City there will be a fine project. Mobile homes nowadays are constructed as well as manufactured homes and with costs of building so high, they are "God -sends" for a lot of people. Mr. Smith's November 3, 1980 - - - - - - continued: opinion was that if the 10 -acre maximum is left in the zoning code, all future quality mobile home parks' proposals will be cut off. Mr. Separovich then recognized Les Johnson, Attorney, who said he was also speaking on his own behalf. After study of the RPUD requirements in the Anacortes zoning code, there are plenty of safeguards to develop quality living with a variety of opportunities for people who want to construct and live in different kinds of homes in Anacortes or use the RPUD; he doesn't see any need for the 10 -acre maximum and concurs with Mr. Smith's comments. Mr. Charles Spink, 1543 Sunset Lane, Mt. Vernon, addressed the Council and said he was speaking on behalf of Mr. Gentry of Anacortes. He concurred with the staff conclusions that the 10 -acre maximum is too restrictive and said Mr. Gentry's proposal for a mobile home park would not be possible if they couldn't have more than 10 acres. Mr. Separovich then recognized Mr. Terry Meyers, 2310 Baron Place, Anacortes, who questioned whether there was anyone in Anacortes who actually wanted to live in a mobile home park. His opinion is that the mobile home site in Skyline is not in very good shape. Dick Dildine, 1211 6th, agreed with Mr. Meyers and suggested reason for 10 -acre maximum for mobile home parks is because they bring more density and create an abrupt, sudden demand for City utilities and fire and police protection at a distance from their sources. He believes the tax revenues do not pay for these services. To lift the 10 -acre maximum, owuld only make it convenient for developers. The City's Comprehensive Plan calls for a moderate rate of growth which, according to Mr. Dildine, is the wish of the majority of the residents of Anacortes. Mr. Spink's rebuttal to this was that he was a native of the area and intended to return to live in a mobile home park in Anacortes and there were a lot of people coming back for the same reason. Mr. Meyers then said Mr. Spink's occupation was selling mobile homes and if he came back to Anacortes, he might have some to rent. Councilman Cleland stated that the City had accepted Snelson-Anvil as positive benefit to the City and a lot of those individuals need a place to park mobile homes. A lot are earning their money here, but not spending it here. Dildine replied by stating that by allowing a mobile home park in the west end, the City is creating a problem rather than a solution primarily because of the traffic generated. He feels a mobile home park would be acceptabel somewhere near the urban renewal area, and questioned whether the Council could legally change the zoning code. Pres Holton, 2320 11th Street, addressed the Council. Awhile back, the Council was shown views of mobile home parks which he believed were well over 10 acres in size. He described parks in Mt. Vernon, San Diego (25 acres) with all recreational facilities, laundry facilities, etc. and concluded a quality park would certainly take more than 10 acres. There were no further comments and Vice=mayor Separovich declared the public hearing closed. Council comments included: Mr. Kiel said he heard a lot more than expected and will have to reassess his position on the matter. Mr. Moore discussed at length the possible density in mobile home parks qith questions put to Mr. Olander, who reviewed and explained the density regulations as shown in the zoning code. He also compared the allowable density with the density allowed in regualr "stick -built" housing zones. Each single mobile home lot requires a minimum of 3,000 square feet of area, or for a double -wide unit, 4,500 square feet. By the time land for streets, common areas, etc, is taken out, the maximum possible in a 10 -acre area would be about 90 or less, in Mr. Olander's opinion. Mr. Spink pointed out that a lot of land had to be given away for open space to get the density; but this does not make the package saleable. Single -wide homes are not saleable. Double -wide mobile homes take a lot more --his experience was that 5 or 6 was the maximum per acre. Mr. Moore said he felt the Council should look at the worst possible situation that could occur. Mr. Mansfield explained to Mr. Moore that because the mobile home park must be developed under the RPUD concept, the City requires certain things to be done and, because of this, the maximum density cannot be reached; This, he feels, was the basis of the Planning Commission's recommendation. Mr. Moore said he still felt the 10 -acre maximum shouldn't be changed. Mr. Cleland said he felt the City had added greatly to the cost of the development by the regulations and that it could not be done on 10 acres. Mr. Spinks agreed with Mr. Cleland that it was not economically feasibile to construct a proper park on 10 acres. 385 November 3, 1980 - - - - - - - -continued: Mrs. Kribs asked Mr. Ford how many conventional homes could be put on a 45 acre piece of land and was advised that almost as many conventional homes could go in as mobile homes on the same area. After some additional discussion, Mr. Separovich suggested Mr. Mansfield read the proposed amendment to the zoning code, but then permitted Mr. Dildine to speak again. Mr. Dildine said he felt the zoning code should not be changed without the permission of the public and that the people of Anacortes, in his opinion, didn't want mobile home parks. Mr. Kiel asked whether other Comprensive Plans throughout the state have such limit- ations on mobile home parks' size. Mr. Olander replied that the two or three cities with which he was familiar had no maximum. Mr. Mansfield said he believed other cities had specific zones which allowed for the placement of mobile homes on single family lots; the Anacortes code does not allow for a mobile home except in a mobile home park and the park has to be a minimum of 5 acres and a maximum of 10 acres, which is more restrictive than most cities. Mr. Olander then read the section of the Comprehensive Plan which referred to mobile home parks. This Plan did provide for the development of mobile home parks in Anacortes and called for developmental standards of such parks under an RPUD and would be eligible in RM., RL and R areas with density the same as the underlying zoning. In response to a question from Mr. Kiel, Mr. Olander said he knew of no other type of residential development that is limited in terms of total acreage. Moore said he felt the intent of the maximum of 10 acres is for good control and that he felt the Planning Commission's reasons for recommending changing the limitation were not valid except for the RPUD process. Mr. Olander clar- ified that a 5 -acre minimum does not apply to mobile home parks, per se, but to any RPUD. And, Mr. Mansfield pointed out there could not be a single individual mobile home on any piece of land in Anacortes without it being in a mobile home park. Mr. Kiel said he felt the limitation on the size of a mobile home park somehow or other connotes that mobile homes are not as valuable as compared to homes on a concrete foundation, and asked whether or not this was true; also whether mobile homes and a piece of property could be financed through a savings and loan company. Mr. Spinks replied that it was done all the time; the finance firms make loans comparable to conventional home loans. He also asked about the longevity of a mobile home set up in the area to get a "feel" about the possible turn -over a city might expect in a mobile home park. Mr. Separovich said he felt the longevity would depend mostly on the care of the home and the lot, and it seemed to him that mobile homes sometime seem to be the answer for younger people to get into a home of their own. Mr. Dildine reiterated his objection to "opening the door" for two specific proposed developments at a distance from the center of the City and that the people of Anacortes have not indicated they want mobile home parks, nor has there been any indication of a need for a change in the zoning regulations. Mr. Olander agreed the key issue revolved around density and probably was the underlying reason for the maximum acreage in the code, but he felt the Planning Commission's reasoning was that there was sufficient control under the RPUD process to cut down densities based on the particular circumstances if there was an impact on surrounding areas. Also, the Planning Commission separated this issue from the two proposals currently being considered. Mrs. Kribs asked if a developer could get a variance above the 10 -acre maximum if it is left in the code and she was told this would not be possible. Mr. Separovich then recognized Terry Meyers from the audience who wanted to know if any of the Councilmen would like to have a mobile home park over 10 acres in size next door to them. They did not reply to the affirmative or negatively. Rosemary Orr, of 32nd Street, asked what portion or share of taxes would a mobile home owner pay to the City in comparison to any other property owner and Mr. Olander told her they pay the same millage rate as a regular home owner. Don Coughlin, of Anacortes, commented that during the formation of the new zoning code, very little time was spent on the mobile home park issue; that the 10 -acre maximum portion of it was put in mostly because they felt they didn't know what should be entered as a limit. Also, he has received information that mobile homes are the most heat efficient units that can be bought today and, beyond looking at younger couples, the older population also are in need of such housing. If the Council wants quality mobile home parks in Anacortes, the developers will have to be given the land to make it possible. Ten of the 14 realtors who met recently vigorously supported the position of the Planning Commission. November 3, 1980 - - - - - - - - - -continued: W. L. Brady, 1420 "H" Avenue, addressed the Council and said he had used the zoning code as a guide to determine the type of property and area in which he wanted to live; his being rural. He said he felt that to take away the 10 -acre maximum in the code would leave almost "spot zoning" and how a park or development is done really doesn't have a bearing on it. Dick Dildine again reiterated he felt the question of amending the zoning ordinance was vital to the people of Anacortes and that they should be present at such a hearing and deserve a better chance to make their wishes known. Mr. Separovich then closed the public hearing and asked for Council comments. There were no further comments. Attorney Mansfield then read, by title and the language which would make the change, an ordinance amending the zoning code to delete the 10 -acre maximum for mobile home parks. Motion by Mr. Cleland, seconded by Mr. Kiel, that the ordinance be passed and approved. Vote: Ayes --Cleland, Kiel. No --Moore, Rock, Kribs, Separovich. Motion failed. RESOLUTION SETTING PUBLIC HEARING DATE Mr. Mansfield read a resolution , by title, setting a public hearing date of December 1, 1980 for a public hearing on a petition for vacation of a portion of Georgia Street right-of-way in Anacortes. Motion by Mr. Kiel, seconded by Mr. Rock that the resolution be adopted and given RESOLUTION NO. 630. Vote: Ayes --Moore, Rock, Kribs, Separovich, Cleland, Kiel. Motion carried. LEASE OF THIRD FLOOR, MUNICIPAL BUILDING Mr. Olander reviewed the background leading to the proposed leasing of the 3rd floor of the Municipal Building for use as an area to make boat sails. He said the lease has been prepared and approved by the City attorney. There was some discussion with the proposed lessee, Brian Toss, about the space, terms of the lease, etc. Staff recom- mended the lease be accepted. Mr. Mansfield then read, by title, a resolution authorizing the execution of the lease. Motion by Mrs. Kribs, seconded by Mr. Moore, that the resolution be adopted and given RESOLUTION NO. 631. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. RESOLUTION COMMENDING ARNOLD WAHL On the matter of the retirement of a long- time employee of the City, Arnold Wahl, Mr. Separovich read in full a resolution honoring and commending Mr. Wahl for thirty years of dedicated service to the citizens of Anacortes. Motion by Mr. Kiel, seconded by Mr. Rock, that this resolution be adopted and given RESOLUTION NO. 632. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. There being no further business to come before the Council, meeting adjourned at 11:00 p.m. job_ �_Zc� Ida Rolph, Executi e Secretary "SeZ)-ftch,ce Mayor November 17, 1980 Meeting called to order at 7:30 p.m. by Vice Mayor, Ray Separovich. Invocation was given by Pastor Ralph Miller of the First Baptist Church. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Charles Kiel, and Ken Moore. Knute Figenshow was excused. MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mr. Cleland, that the minutes of the previous meeting held on November 3, 1980 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE City Manager Robert Olander said letters had been received as follows: from Senator Magnuson concerning the City's efforts to purchase the Burlington -Northern right-of-way along Guemes Channel; from Congressman Al Swift, Senator Jackson and Senator Magnuson indicating their support of the Revenue Sharing Program; from former Mayor Bettye Bryant commending the police department, aid team and ambulance service for their prompt and able response when she recently suffered a broken leg. Manager Olander also announced that the State Interagency Committee for Outdoor Recreation (IAC) had awarded a grant of some $49,500 toward the City's pier project at Washington Park. November 17, 1980 - - - - - - - continued: CITIZEN HEARINGS In response to Mr. Separovich's invitation to speak on any subject not on the agenda, from the audience Mr. Pres Holton said he felt the Council should endeavor to correct the matter of streets running into acreage property. Mr. Separovich suggested Mr. Holton discuss it with the Engineering Department and Mr. Holton said it was not up to him to do the work which should be done by City staff. There was no old business to come before the Council. NEW BUSINESS PUBLIC HEARING ON PROPOSED 1981 BUDGET Mr. Separovich declared a public hearing to be open in order that comments and views on the proposed 1981 budget could be given by residents of Anacortes. Mr. Olander explained that two public hearings are required under state law and they had been adver- tised for November 17th and December 1st, 1980. From the audience, Mr. Dick Dildine, 1211 6th, asked on what basis the 1981 budget was based and Mr. Olander advised that all cities are required to follow state guidelines in the formation of the budget and that the previous year's budget had a lot to do with it. Mr. Dildine said he didn't think the public had had the opportunity, to review the preliminary budget and Mr. Olander advised that it was available for review at City Hall and at the Library. Mr. Separovich asked for comments from the Council and Mr. Moore pointed out that the budget study sessions currently being held by the Council are open to the public so they can attend and become apprised of the proposed budget if they wish to do so. Mr. Separovich declared the public hearing closed. REQUEST FOR ENCROACHMENT AGREEMENT - SNELSON-ANVIL, INC. The applicant request- ed this item be scheduled for a later date to give them time to properly study and review certain City suggestions. FINAL PLAT APPROVAL - HORIZON HEIGHTS, DIVISION 2 Public Works Director Dave Ford, reviewed the background of this development and stated that this was the second phase now completed. The ownership of the property has now changed hands and there are 21 lots in this subdivision which abutts Down Jones Way. All construction improvements have been completed with the exec- ption of approximately 20 square yards of paving. Mr. Ford recommended approval of the plat subject to the completion of the additional paving which is scheduled to be done shortly. Council had no questions of Mr. Bob Boudinot who was in the audience representing the developers. Motion by Mr. Kiel, seconded by Mr. Moore, that the Council approve the final plat of Horizon Heights, Division 2, subject to the completion of the paving yet to be done. Vote: Ayes--Kribs, Separovich, Cleland, Kiel, Moore, Rock. Motion carried. SEGREGATION - LID ASSESSMENT (LID # 178) Finance Director, George Khtaian, explained that this request came about because of a parcel of property assessed in LID No. 178 becoming wned by more than one owner. In order to segregate the LID assessment, it was necessary to pass a resolution so ordering. Attorney Mansfield read, by title, a resolution ordering the segregation. Motion by Mr. Kiel, seconded by Mr. Rock, that the request for segreation of the LID assessment be approved and the resoluiton be adopted and given RESOLUTION NO. 633. The location of the property in question was described as lots 16 to 20 in Block 205 and lots 1 to 10 in Block 206, Original Addition, generally situated on the 1400 block between "C" and "D" Avenues. Vote: Ayes-- Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. AGREEMENT BETWEEN CITY AND SKAGIT/STANWOOD/CAMANO EMERGENCY MEDICAL SERVICE COUNCIL Attorney Mansfield briefly explained that this is a proposed service contract between the City and Skagit/Standood/Camano EMS Council for supplying Advance Life Support through the Anacortes Fire Department for all of Fidalgo Island and Guemes Island. The agreement provides the formula for disposition of the funds derived from the levy recently passed for Skagit County emergency medical service. Fire Chief Little elaborated stating this contract would reimburse the City some $44,000; however, other monies have already been received for dispatching and other communications maintenance. A proposed resolution authorizing the execution of the agreement was read, by title, by Attorney Mansfield. Motion by Mr. Rock, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 634. Under the question, there was brief discussion concerning additional service provided by the Anacortes faciliities and involving the San Juan County not covered by the instant agreement. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. November 17, - - - - - - - - - continued: ORDINANCE TO CHANGE 1980 BUDGET Finance Director, George Khtaian, reminded the Council that in August of 1980 the City awarded a contract to the firm of Marshall and Stevens to appraise all City property and equipment. In order to reflect this transaction in.the 1980 budget, it is now necessary to make adjustments in the budget. The reason the budget was not amended earlier was because the City had to await the percentage estimates after the field work was done. Mr. Mansfield then read, by title, an ordinance making the proper adjustments. Motion by Mr. Kiel, seconded by Mr. Cleland, that the ordinance be approved and passed and given ORDINANCE NO. 1842. Vote: yes --Kiel, Moore, Rock, Kribs, Separovich, Cleland. Motion carried. APPOINTMENT TO CITIZEN COMMITTEE FOR SOLID WASTE DISPOSAL Mr. Ford's memo+. randum to the Council explained that Skagit County had proposed a technical committee and a citizens solid waste advisory committee be formed to gather information and make recommendations to update the present County solid waste plan. To this end, the Mayor and staff recommended Mr. A. E. Henke be appointed to the Citizen's Committee. Motion by Mr. Kiel, seconded by Mr. Rock, that Mr. Henke be appointed as recommended. Vote: Ayes --Moore, Rock, Kribs, Separovich, Cleland, Kiel. Motion carried. There followed a discussion of ways and means to possibly interest individuals, or learn of persons who might be interested, in filling such positions as they come up. There was general agrement that possibly the public should be better informed about these positions before they are filled. APPOINTMENT TO PLANNING COMMITTEE As a result of the discussion described above, motion by Mr. Moore, seconded by Mrs. Kribs, that the appointment to the Planning Commission,necessary due to the resignation of one of the members, be tabled until the Council has an opportunity to further discuss any other possible candidates. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. CITY/PORT AD HOC COOPERATION COMMITTEE Manager Olander then brought up the matter of a request from the Port of Anacortes that an ad hoc committee be formed to study ways to implement future cooperation between the City and the Port on mutual concerns and projects. Mr. Olander advised that this matter had been pending for quite awhile and the Mayor requested the appoint- ment of himself, Mr. Cleland and Mr. Benjamin Root to represent the City on the committee. Motion by Mr. Rock, seconded by Mr. Kiel, that these appoint- ments be approved. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. Mr. Separovich then allowed Mr. Holton to comment that high-speed runs by the City ambulance to the airport was not necessary and Chief Little refuted this by stating that very few high speed runs were ever made because of previous notificAion'bf arrivals at the airport. There being no further business to come before the Council, meeting adjourned at 8:30 p.m. Ida Rolph, Executi Secretary Ray Separoyic , Vice Mayor December 1, 1980 Meeting called to order at 7:35 p.m. by Mayor Knute Figenshow. The invocation was given by Pastor Tom Christoe of the Anacortes Christian Fellowship Church. Roll Call found present: Bud Rock, Karolyne Kribs, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. Ray Separovich was excused. MINUTES OF PREVIOUS MEETING Motion by Mr. Cleland, seconded by Mrs. Kribs, that the minutes of the previmus meeting held on November 17, 1980 be approved as if read. Vote: Ayes --Rock, Kribs, Figenshow, Cleland, Kiel, Moore. Carried. CORRESPONDENCE Mayor Figenshow read a letter he had received from twelve real estate agency representatives recommending Jim Rice to fill the vacant position on the Anacortes Planning Commission. CITIZEN HEARINGS In response to the Mayor's invitation to the audience to speak on any item not on the agenda, Mr. Leonard Newsham, 2001 Bradley Drive, addressed the Council and sa4d the residents of Skyline felt that• "^^'- }h^ ^1^^44-" ­1 December 1, 1980 - - - - - - - -continued: the Planning Commission granted the Shoreline Development permit to Harold Mousel to build a seawall on his property adjacent to Burrows Bay. Attorney Mansfield reminded Mr. Newsham that the Council had no jurisdiction over such permits and that if anyone objected, they had the right to appeal to the State Shoreline Hearings Board. At this point, Mayor Figenshow recognized the presence of representatives of Pack 84, Den 1, of the Boy Scouts of America who were in attendance at the meeting. OLD BUSINESS CONTINUATION OF PUBLIC HEARING ON ANNEXATION REQUEST OF AREA REFERRED TO AS "CEDAR GROVE" Mayor Figenshow declared the public hearing open. Community Director, Ken Kinzel, advised the Council that he had been handed a letter just minutes prior to the meeting from the proponents of the annexation application. This letter formally withdrew all petitions and applications previously submitted for this annexation. Mayor Figenshow then declared the pbulic hearing closed. NEW BUSINESS PUBLIC HEARING. ON PETITION'TO ANNEX WEAVERLING SPIT AREA Mayor Figenshow declared a public hearing open to consider the annexation of the Weaverling Spit area. Mr. Kinzel reviewed the Council's remanding the matter to the Planning Commission for their recommendation as to what zoning should be imposed should the area be annexed. The Planning Commission's recommendation was that it be zoned LM (Light Manufacturing) which would be consistent with the adjacent zone to the north and what is requested in the petition. Mr. Kinzel pointed out that the Council should consider certain items in their evaluation of the petition including: (1) whether the annexation would be of benefit to the community; (2) what zoning should be imposed in accordance with the contemplated uses of the area; (3) whether the owners of the area to be annexed should be required to assume all or any portion of their share of the City's indebtedness. Mr. Kinzel showed a view foil of the Weaverling Spit area which indicated the abutting zoning inside City limits. Mr. Kinzel said staff felt it would benefit the City because it would not require additional City services; the value of the property would be added to the City tax rolls and any necessary utilities would be the responsibility of the developer. Staff had given consideration to the CM (Commercial Marine) zone classification for the area, but petitioner had requested LM because part of the property owned is already within City limits and zoned LM. Mr. Kinzel said there appeared to be three alternatives the Council could consider: (1) annex the property as CM, in which case any developmental proposals would be reviewed later as a separate issue; (2) annex at LM which would permit manufacturing if the owners changed their mind or sold the property and then any development proposals would be considered later the same as above; (3) await the full Environmental Impact Statement and disclosure of development plans before deciding on annexation. Mr. Kinzel concluded by stating that City staff had no objections to the annexation since there were sufficient environmental, shoreline and project review procedures to guarantee later proper development and that, if the Council wished to annex the property, staff recommended consideration to the CM zoning and that owners be required to assume their portion of outstanding indebtedness. Mayor Figenshow then asked for comments from the applicants and Mr. Mike Smith, attorney representing the owners of the property, addressed the Council, introduced several of the owners who were present and stated that his clients had retained several knowledgeable, professional individuals and firms to do the preliminary studies and EIS which had been presented to the City. Mr. Smith said that, at this point, they had to request the annexation of the portion of his client's property that is presently outside the City limits as their whole developmental proposition could not be considered unless the annexation is granted. Mr. Smith further stated the only reason -for the request of a LM zone was the difference in height restriction; in a CM zone, it would be 35 feet while a LM zone allowed 50 feet for non-resi- dential buildings. Mr. Mansfield reminded the Council and Mr. Smith that the issue before the Council was only the annexation proposal. From the audience, Mr. Dick Dildine, 1211 6th Street, said he didn't think it should work that way - that the City should be presented with the full development proposal before it was asked whether or not to annex the property. Mayor Figenshow asked Mr. Olander to explain the "City's out- standing indebtedness" referred to previously, for the benefit of the audience, and Mr. Olander explained this refers to the special tax levies voted into effect by the residents of the City for special projects, such as the water improvement project. There was then considerable discussion about the present county zoning of the area, the problem of sewage, traffic flow, etc., all of which are subject to either the EIS process or the Shoreline Management Development Permit process. This allows the City to require that a developer mitigate any problems which may arise and correct any deficiencies. 391 December 1, 1980 - - - - - -continued: Councilwoman Kribs asked if anyone in the audience wished to object to the annexation and Mr. Dildine reiterated his contention that any annexation should have a provision that it be dependent upon whether the City would approve of what development is proposed for the area. Councilman Kiel asked Mr. Smith what potential adverse impact there might be on any adjacent property owners if there were buildings constructed to a height of 50 feet and Mr. Smith replied there was absolutenly none explaining the property in question was much lower than anything in the surrounding area. He showed the Council a drawing in the preliminary EIS of his client's proposal for the area. After additional discussion concerning differences between CM & LM zoning, the City's classification of the area under its Urban Area Plan for adjacent properties outside the City limits; whether a variance for building height could be applied for under the CM zone; whether property owners on a proposed new water line would be required to pay for the line (only if it were under an LID); how long before the City would realize any real benefit from such an annexation (Smith said probably a year from March or June) etc. Mr. Mansfield again reminded the Council the public hearing was to consider only the possible annexation of the area. Councilman Kiel remared he got the impression that if the proposed development existed outside the City limits now, the City would be tryiny to figure out a way to bring it into the City and said he believed the CM zone would be more appropriate for the area. Mr. Moore agreed, but said he was concerned about the potential cost to the City and would like to see the full EIS before a decision was made. Mayor Figenshow then declared the public hearing closed. Motion by Mr. Moore that the Council wait for a full EIS and disclosure of current development plans before deciding on the annexation. This motion died for lack of a second. Motion by Mr. Kiel that the Council approve the annexation with the CM zone designation and that the subject property take on it's share of the City's indebtedness. Seconded by Mrs. Kribs. Vote: Ayes--Kribs, Figenshow, Kiel, Rock. No --Cleland, Moore. Motion carried. Mr. Mansfield will present an ordinance at the next meeting for passage by Council. ANACORTES FIRST CHRISTMAS FESTIVAL WEEK Mayor Figenshow then read a Proclamation designating the week of December 14th through December 20th, 1980 as Anacortes First Christmas Festival Week.to further the idea of bringing together the entire Anacortes community regardless of background, ethnic culture or religious beliefs in the interests of fostering increased community spirti and togetherness. Motion by Mr. Rock, seconded by Mr. Kiel, that the Council ratify this proclamation. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Maxine Dickson then briefly outlined the program which included a parade, music by choirs and bands, refreshments served by merchants, a parade of ships from Skyline to Cap Sante, a dinner -dance, etc. The affair is to receive television coverage from channels 4, 5 and 7. PUBLIC HEARING ON PETITION FOR VACATION OF PORTION OF GEORGIA STREET Mayor Figenshow declared a public hearing open to consider a petition for vacation of a portion of Georgia Street necessary to provide an adequate site for the existing water reservior. The petition was initiated by the City Public Works Department as a housekeeping measure and it was pointed out that the City is the only abutting property woner involved. Mr. Kinzel showed a view foil of the location and advised that the Planning Commission had considered the petition and recommended to the Council that the entire right-of-way of Georgia lying south of the south line of 15th Street West be vacated. The staff con- curred in the recommendation. Councilman Rock asked why this was not done when the reservoir was put there and Mr. Ford replied it was just an oversight. Mayor Figenshow asked if there was any comments from the audience and there were none. He then declared the public hearing to be closed. Councilman Kiel inquired about the ownership of Blocks No. 530 and 531 (City owned) and where the closest private ownership might be. Mr. Kinzel informed him it was about 5 blocks distant. Mr. Kiel then moved that the vacation be granted as recommended by the Planning Commission. Seconded by Mr. Cleland. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Figenshow. Motion carried. -----------continued next page 392 December 1, 1980 - - - - - - - continued: PUBLIC HEARING ON 1981.BUDGET FOR CITY OF ANACORTES Mayor Figenshow declared a public hearing to be open to consider the proposed budget for 1981. Manager Olander reviewed the budget process and said the proposed budget was balanced at $7,338,418. The City Council has been meeting once and twice a week to consider the budget item by item and this is the second public hearing to receive in -put from the citizens of the community. As yet, no final decisions have been made on the budget. Mr. Olander advised there were yet three more study session meetings; one at 7:00 p.m. on Dec. 2nd, one at 7:00 p.m. on Dec. 4th and one on Dec. 11th at 7:00 p.m. Final adoption of the budget is scheduled for December 15, 1980. Mr. John Keene, 905 8th Street, then addressed the Council stating he was currently a City employee in the Engineering Department and wished to address the subject of the proposed elimination of.7 staff positions. Mr. Keene handed the Council and Manager some information sheets regarding the possible measures to be taken should the engineering department lose the two positions as proposed in the budget. Mr. Keene was of the opinion that there is anticipated $1.5 million in construction in 1981 and without staff inspectors, the City would have to require developers to retain a licensed professional engineer to make inspections to verify adherance to City standards; that the City would have to contract out to consultants the engineering work necessary on public works projects and LIDS; that plan -checking in the Building Dept. would get behind and would have to be sent out to be checked professionally at the owners' expense or contractor's expense; and also, that in-person and telephone inquiries to the engineering department by the public would have to be on an appointment basis only. Mr. Keene also alleged that non-union staff salaries have increased an average of 16% since January of 1979 while union staff members' salaries have in- creased an average of 12.5%. He suggested a salary increase limit of 12% including cost -of -living allowances, step raises, longevity and merit raises; placing a freeze on all hiring for at least 12 months; postpone the 50% cut in revenue sharing for salaries and, instead, phase out revenue sharing over a period of 3 years and then use all funds made available by these suggestions to reduce the number of proposed staff raiuctions. Mr. Keene stated he appreciated the Council's concern about finding revenues for expenses and salaries for the City, but eliminating people and cutting services did not seem right when it appeared the Council could find money for reserves and to borrow to purchase such items as the Burlington -Northern depot property. Councilman Rock reviewed Mr. Keene's listing of non-union salaries and asked why all staff members were not listed instead of just a few. Mr. Kiel inquired about the projected increase for non-union employees for 1981 and was advised it had been projected at 12%. He also asked if there was any foreseeable hiring for 1981 and was advised there was one current vacancy in the street department which probably would be filled. Mr. Olander also pointed out that when the City changed from its previous system of salary increases to the new classification plan, the management rante was increased 8% between 1979 and 1980. This new system is now on a pure merit basis and performance evaluation for increases. Mr. Olander also stated that the City was not adding to the reserve funds in the 1981 budget and reviewed several alternatives he had proposed to the Council to find the money for the salaries of the employees including: using revenue sharing money, imposing a higher utility tax, imposing a Business and Occupation tax comparable to what the state charges, and making other budget reductions. Gregg Eaton, 5504 Sunset, then addressed the Council and observed that the matter of reduced City services had not been answered. Mr. Olander said this had already been presented to the Council by the Department heads and each one had made a strong case in an effort to retain all the positions. Jim Colley, 4912 MacBeth Drive, addressed the Council and asked whether, without an opportunity to review all the line items in the proposed budget in an open public hearing (because it would take hours), would a person interested in the budget lose his right to protest at a study session. Mr. Colley was advised he certainly could review a copy of the proposed budget at the Library or at City Hall and was entitled to attend any of the budget study sessions and express his views. Councilman Moore stated he understood the employee's evident frustration and believed they had a right to give their views in open public hearing the same as anyone else; he also said he would encourage them to come to the study sessions and bring their in -put. Mr. Keene added that anything he had said represented only his own opinions; that he was not motivated by any vindictiveness, but felt that no one should be laid off to balance a budget. Mayor Figenshow then declared the public hearing to be closed. 1 393 December 1, 1980 -- - - - - - - -continued: AWARD OF BID ON LIME Public Works Director, Dave Ford, advised that as a result of a second call for bids for hydrated lime, 4 bids were received with the lowest being from Hemphill Brothers, Inc. at $101.10 per net ton plus $7.50 per pallet. Pallets returnable for full credit. Mr. Ford recommended that this bid be accepted. Motion by Mr. Kiel, seconded by Mr. Cleland, that the bid from Hemphill Brothers, Inc. be accepted as recommended. Vote: Ayes --Kiel, Moore, Rock, Kribs, Figenshow, Cleland. Motion carried. AWARD OF BID ON GRAVE LINERS Park Department Director, Steve Colby, stated that bids were requested from four vendors, but only one bid received from Skagit Vault in Mount Vernon. The price was $75 per liner in lots of 10 liners. This is an increase of $6 per liner over the 1980 cost. He recom- mended the bid be accepted. Motion by Mr. Cleland, seconded by Mrs. Kribs, that the bid from Skagit Vault be accepted. Vote: Ayes --Moore, Rick, Kribs, Figenshow, Cleland, Kiel. Motion carried. AWARD OF BID ON FERTILIZER Mr. Colby said 11 requests for bid were sent out and only three received back. Bids received were: Turfgo Northwest in the amount of $4,811.48; ESTCH Chemibal for $4,885.00; Nulife Fertilizer for $4,615.00. Nulife's bid did not meet specifications. After some discussion about this being for the 1981 season, motion by Mr. Cleland, seconded by Mr. Moore, that this bid award be deferred until the Council meeting of December 15, 1980. Under the question, Councilman Rock questioned whether it would be proper to defer the award. Mr. Mansfield agreed it would be all right. Vote: Ayes--Kribs, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. RESOLUTION AUTHORIZING EXECUTION OF IAC GRANT CONTRACT After a brief dis- cussion, the Council unanimously agreed to postpone action on this contract until the meeting of December 15, 1980. RESOLUTION AUTHORIZING EXECUTION OF FRANCHISE WITH SKAGIT COUNTY Public Work Director, David M. Ford, reviewed the background leading to this proposed franchise. In previous years, the City had executed agreements with the County on a road -by -road basis to place water mains in County road right-of- ways. After discussion with Skagit County Public Works personnel, it was recommended that Anacortes apply for a blanket franchise which would cover all County roads where the City has, or expects to have, water lines located. Council directed this application be made; the County agreed and granted the franchise. Mr. Ford recommended acceptance of the franchise. Attorney Mansfield read, by title, a resolution authorizing exeuction of the franchise. Motion by Mr. Kiel, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 635. Vote: Ayes --Rock, Kribs, Figenshow, Cleland, Kiel, Moore. Motion carried. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR WATER TREATMENT PLANT FLOOD PROTECTION STUDY Mr. Ford reviewed the steps taken to date toward providing flood protection for the City's water treatment plant which have resulted in the selection of the firm of Moore, Wallace and Kennedy, Inc. to do the nec- essary study. The Council was provided with a proposed agrement with this firm in which the scope of services, authorization, progress and completion; compensation; responsibility, etc., etc. were all itemized and described in detail. Mr. Ford advised that staff, legal counsel, etc. have reviewed and studied the proposal and have found it acceptable. Funds have been provided in the 1980 and 1981 budgets for this project. Mr. Ford recommended the agreement be accepted. A resolution was read by Mr. Mansfield, by title, authorizing execution of the agreement. Motion by Mr. Rock, seconded by Mr. Moore, that the resolution be adopted and given RESOLUTION NO. 636. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. APPOINTMENTS TO CITY BOARDS AND COMMISSIONS Inasmuch as there have been several people interested in filling the vacancies on these boards and commissions, Council deferred action until the vacancies could be discussed at the next Council study session. There being no further business at 10:20 p.m. 4Ida Rolph, Execu ve ecretary to come before the Council, meeting ad'ourned X4 V �44_ K. S.4Fig7w, Mayor December 15, 1980 Meeting called to order at 7:30 p.m. by Mayor Figenshow. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland Charles Kiel. Mayor Figenshow extended his wishes to the citizens of Anacortes and to the City staff and employees for a very Merry Christmas and his appreciation for a job well done in 1980. MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mr. Separovich, that the minutes of the previous meeting held on December 1, 1980 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. CORRESPONDENCE No correspondence was read. CITIZEN'HEARINGS There was no response to Mayor Figenshow's invitation to speak on any subject not on the agenda. OLD BUSINESS - IAC GRANT CONTRACT Parks Director, Steve Colby, reviewed the past actions of the Council which approved acceptance of a grant from the IAC to help construct new floats and pilings at the Washington Park boat launch. Mr. Colby recommended acceptance of the grant contract submitted by the IAC.' City Attorney Steve Mansfield, read a proposed resolution, by title, authorizing execution of the contract as presented. Motion by Mr. Separovich, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 637. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. VACATION OF A PORTION OF GEORGIA:STREET At their meeting on December 1, 1980, the City Council approved the petition initiated by the Public Works Dept. of the City to vacate that portion of the Georgia Street right-of-way lying south of the south line of 15th Street West and the south line of Section 23. At this point, Councilman Moore entered the meeting. Community Development Director, Ken Kinzel, reviewed the circumstances leading to this vacation request and then Attorney Mansfield read, by title, a proposed ordiannce author- izing the vacation as requested. Motion by Mr. Cleland, seconded by Mr. Kiel, that the ordinance be passed and approved and given'ORDINANCE NO. 1843. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. AWARD -OF BID ON FERTILIZER This item was discussed at the meeting of December 1, 1980. Parks Director, Steve Colb-, reviewed the bids received and reiterated that of the three received, the bid of Turfgo Northwest was the lowest meeting the specifications. The bid from Nulife Fertilizer, which was the lowest, did not meet the specifications for nutrients and, therefore, he recommended award- ing the bid to Turfgo Northwest. Motion by Mr. Separovich, seconded by Mrs. Kribs, that the bid be awarded as recommended for a total amount of $4,811.48. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. ANNEXATION OF WEAVERLING SPIT At the meeting of December 1, 1980, Council directed an ordinance be prepared approving the annexation of the area commonly known as "Weaverling Spit". Mr. Kinzel reiterated that staff had no objections to the annexation of the area as proposed. The zoning of the area is to be Commercial Marine and owners of the property are to become liable for their share of the City's indebtedness as it applies to the area. Attorney Mansfield then read, by title, an ordiannce annexing Weaverling Spit and setting forth the zoning, etc. Motion by Mr. Kiel, seconded by Mr. Rock, that the ordinance be passed and approved and given ORDINANCE NO. 1844. Under the question, there was a brief discussion concerning possible County interest in this annexation. The County is well aware of the City's intentions. Vote: Ayes --Kiel, Moore, Rock, Kribs, Figenshow. No --Cleland, Separovich. Motion carried. NEW BUSINESS PUBLIC HEARING - PROPOSED SANITATION RATE INCREASE After briefly describing the procedure, Mayor Figenshow declared a public hearing to be open to consider raising the sanitation rates for the City of Anacortes. Public Works Director, David M. Ford, Jr., stated the City's reasons for con- sidering increasing the rates which, mainly, were increased costs of pickup, dumping, equipment, fuel, etc. which has almost reashed the same level as the revenue derived from City customers. In order to continue the service to residents and commercial accounts in Anacortes, it is necessary to find ways to increase efficiency at lower costs. Mr. Ford described proposing to the Commercial accounts their using larger containers which would be emptied fewer times a week, or even just once a week, to cut down on the time the City would have to devote to that faction of the community, and therefore, reduce the number of trips to the dump, etc. It was the staff's 395 December 15, 1980 - - - - continued: proposal to review the needs of each and every commercial account to determine the best size container, the number of times it should be emptied, etc. to best serve that customer. He discussed the different size containers; the City's equipment and manpower and showed a view foil graph which compared the costs and revenue of the sanitation department further illustrating the need to raise the rates. The proposed rate for residential customers if $4.00 per month - up $.50 from the present $3.50 per month rate. There is also proposed a special rate for senior citizens or disabled citizens who meet certain terms and conditions. Application for this reduced rate will have to be made with certification of the necessary criteria. Mr. Ford also described other portions of the proposed sanitation ordinance which had to be re- written to bring the City's ordinance up to date and in line with present conditions. There was some discussion by the Council members and staff concerning the enforceability of the ordinance and Attorney Mansfield gave the opinion that it was; that it would enable the City to prosecute those who repeatedly violate the regulations. From the audience, Mr. George Wasilewski, Manager of'Skyline Marina, complimented the City employees who pick up the garbage; but said he felt there should be an improved system established to keep track of the number of containers emptied and times they are emptied. The present system, according to Mr. Wasilewski, does not accurately record this information and it costs him more than he should have to pay. Mr. Cliff Heckard, 5601 West "D" Avenue, addressed the Council stating he was associated with the Skyline Marine Owner's Association, and being concerned, he had made a study of the service their condominium has received in Skyline and felt the City was going a good job; with inflation, he understood an increase in rates; he did feel fewer pickups would increase efficiency in some areas, but that smaller containers and more pickups would better serve the condominium. Mr. Joe Park, 4709 Yorkshire Drive, said he was on the Board of Division 18 in Skyline and also said the City was doing a good job. His study of the situation related to only what he had seen in Skyline. As a former con- tractor, he had attempted to determine the cost of the operation and felt the City was making a profit from the sanitation department which sub- sidized other departments and this shouldn't be done. Mr. Olander assured Mr. Park that State accounting practices prohibited any such subsidation, and pointed out that Mr. Park had not taken into account many expenses such as the cost of dumping at the County land fill and the 30 mile round trip to do so. Also, he pointed out that the City had mailed out notices to each and every commercial account advising them of the upcoming public hearing on the proposed rate changes. Mayor Figenshow urged anyone having problems to contact the City Manager or the Public Works Director. He then declared the public hearing to be closed. Mr. Olander suggested that if the rates are changed, that it not be effective until about the first of April because those who were eligible for the reduced rate would have to make application to the City, etc. Attorney Mansfield read the section of the proposed ordinance pertaining to the re- duced rates. The requirements included being the head of a household, age 62 or older or permanently and totally disabled, or blind, or paralyzed or suffering from other condition permanently incapacitating the person from performing any work; also that the applicant had an income for the previous year less than the maximum allowed from Social Security for a single person or, if there were two or more residents in the household, their combined total income was less than the maximum allowed from Social Security for a single person plus 50% of that amount. Any exemption granted under the above conditions would expire on December 31st of each year and renewals would have to be applied for before January 1st of the next year. There was brief additional discussion and Mr. Mansfield read, by title, the proposed ordinance. Motion by Mr. Kiel, seconded by Mr. Moore, that the ordinance raising the sanitation pickup rates and revising other regulations pertaining to the disposal of solid waste be passed and approved and given ORDINANCE NO. 1845. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. 396 December 15, 1980 - - - -continued: ADOPTION OF 1981 CITY OF ANACORTES BUDGET Secretary passed out to members of the Council and audience a statement concerning the final 1981 budget as presented by the City Manager. Mr. Olander then read it aloud. Briefly, it included information that the budget was balanced at a total of $7,347,302. The total increase in spending over the previous year was .5% while the operating and tax -supported funds showed an increase of on16 4.8%. Major budgetary goals were achied as follows: no new or increased taxes for 1981; reductions of revenue sharing utilized for salaries and operation; establish- ment of an equipment depreciation reserve fund; continuation of studies and physical improvements to the water treatment plan to protect it from flooding; upgrading City's waterfront access; Smiley's Bottom Park. Mr. Olander concluded by stating the 1981 budget was austere and necessitated deletion of 4 City positions, but it kept the City fiscally sound and allowed the City to provide the best services possible to the citizens of Anacortes. From the audience, Mr. Wasilewski commented that he felt if any departments were to be built up, they should be the Police and Fire due to the increased growth of the City, particularly in Skyline. Mr. Mansfield then read, by title, an ordinance adopting the 1981 budget for the City of Anacortes. Motion by Mr. Kiel, seconded by Mr. Separovich, that the ordinance be approved and passed and given ORDINANCE NO. 1846. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. Mayor Figenshow said the staff and Council were to be complimented on a job well done on the budget. 1981 LABOR CONTRACT WITH LOCAL NO. 347, AFSCME. Mr. Ken Kinzel advised the Council that agreement had been reached with Local No. 347, AFSCME, for 1981. There are no changes in the language of the contract. He recommended acceptance of the new contract. Mr. Mansfield read a resolution by title, authorizing execution of the contract as presented. Motion by Mr. Separovich, seconded by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 638. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. 1981 LABOR AGREEMENT WITH TEAMSTERS LOCAL 788 - SANITATION Mr. Kinzel advised that agreement had also been reached with Teamsters Local 788 for the Sanitation Department; no changes have been made in the language of the contract and it is for one year. Mr. Mansfield read, by title, the resolution authorizing execution of the contract. Motion by Mr. Rock, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION N0. 639. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. 1981 LABOR CONTRACT WITH TEAMSTERS LOCAL 788 - POLICE As with the Sanitation Department, agreement also reached with the Police bargaining unit for 1981. No changes in the language of the contract and the term is one year. Mr. Mansfield read, by title, a resolution authorizing execution of the contract. Motion by Mr. Separovich, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 640. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. 1981 NON-UNION SALARY SCHEDULE Salary schedule for the non-union employees of the City has been approved by Council. Mr. Mansfield read, by title, a resolution adopting the salary plan for the non-union employees. Motion by Mr. Separovich, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 641.. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. 1981 WASHINGTON PARK FEE SCHEDULE Mr. Colby's research and projections for operation of Washington Park for the coming year resulte d'in recom- mendations for revised fee schedule for services at that facility. Council had already studied these revisions. Attorney Mansfield read, by title, a resolution setting forth a new schedule for fees for 1981. There was brief discussion and Mr. Kiel moved that the resolution be adopted and given RESOLUTION NO. 642. Seconded by Mr. Separovich. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Carried. 1981 CEMETERY FEE SCHEDULE Mr. Colby recommended revising the cemetery fee schedule due to inflationary costs for 1981. Mr. Mansfield read, by title, a resolution authorizing adoption of the new fee schedule. Council had previously studied the revisions. Motion by Mr Cleland, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 643. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. 397 December 15, 1980 - - - - continued: CONTRACT FOR ENGINEERING SERVICES - RAILROAD RIGHT-OF-WAY ALONG GUEMES CHANNEL Mr. Colby, in accordance with Council direction, secured three proposals from firms to prepare cost estimates on the cost of redevelopment of the railroad right-of-way along Guemes Channel if the City is able to acquire the property from the Burlington -Northern. The City had already received a grant from the Coastal Zone Management to have this work completed. Of the three proposals received, Mr. Colby recommended the firm of ORB Organization. This project is in line with the long range Park Comprehensive Plan for the City of Anacortes. Mr. Mansfield read a resolution, by title, authorizing execution of a contract with the ORB Organization for the work. Motion by Mr. Moore, seconded by Mr. Separovich that the resolution be adopted and given RESOLUTION NO. 645.-- Vote: Ayes -- Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. Mrs. Kribs commented that when the study is finished, and if it is feasible, perhaps the Port of Anacortes could be persuaded to help the City on the Ship Harbor end of the project. CONTRACT FOR ENGINEERING SERVICES - WASHINGTON PARK IMPROVEMENTS After receiving the grant from the IAC to construct new piers and pilings at Washington Park, the Park Department requested proposals from 14 engineer- ing firms on the design engineering, etc. Mr. Colby stated that out of that number, six were selected for final interview. The proposals renged from $2,800 to $5,500. After talking with representatives of the final six firms, it was his recommendation that the firm of Hammond, Collier and Wade -Livingstone Associates, Inc. be awarded the contract. Mr. Mansfield read, by title, a resolution authorizing execution of a contract with that firm for the proposed work. Motion by Mr. Moore, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 644. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. CONTRACT FOR ENGINEERING SERVICES - RAILROAD RIGHT-OF-WAY ALONG GUEMES CHANNEL Mr. Colby, in accordance with Council direction, secured three proposals from firms to prepare cost estimates on the cost of redevelopment of the railroad right-of-way along Guemes Channel if the City is able to acquire the property from the Burlington -Northern. The City had already received a grant from the Coastal Zone Management to have this work completed. Of the three proposals received, Mr. Colby recommended the firm of ORB Organization. This project is in line with the long range Park Comprehensive Plan for the City of Anacortes. Mr. Mansfield read a resolution, by title, authorizing execution of a contract with the ORB Organization for the work. Motion by Mr. Moore, seconded by Mr. Separovich that the resolution be adopted and given RESOLUTION NO. 645.-- Vote: Ayes -- Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. Mrs. Kribs commented that when the study is finished, and if it is feasible, perhaps the Port of Anacortes could be persuaded to help the City on the Ship Harbor end of the project. AMENDMENT TO 1980 BUDGET - FIREMEN'S PENSION FUND Mr. Khtaian explained to the Council that as a year-end clean-up measure, the City goes through all funds to see if there are any over -expenditures. There was only one in the Firemen's Pension Fund. The estimate of the 1980 expenditures did not cover by a little over $900. He recommended the adjustment in the amount of $1,000 so the accounts would be correct. CONTIQACT'FOR WATERFRONT PARKS DESIGN SERVICES Again, in conformance with goals set forth in the Parks Comprehensive Plan, the City secured a grant from the Coastal Zone Management funds to investigate and develop public access points to the waterfront with passive recreational facilities such as tables, parking, signs, etc. There are 5 identified areas: 3rd and "N" Avenue, 4th and "K" Avenue, Railroad Avenue and "O" Avenue, the exist- ing lower Cap Sante area, and the possible availability of property located between Snelson-Anvil and the Port of Anacortes at Cap Sante. To perform this work, Mr. Colby secured three proposals and, after interviews and discussions with the three firms, recommended the firm of Calvin Jordan and Associates as being the most qualified to prepare the master plans for the five identified water access points. Mr. Mansfield read, by title, a resolution authorizing execution of a contract with said firm for the work desired. Motion by Mr. Separovich, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 646. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. ESCROW AGENT BOND INDEMNIFICATION - SEA -FIRST BANK Attorney Mansfield advised the Council that this indemnification arose because when the 1978 Refunding Revenue Bonds were issued, two of the seven redeemed issues (1955 and 1957) were subject by Bond Covenants to mandatory early redemption calls from special sinking fund accumulations. A provision for this early redemption was overlooked at the- time of the refunding and so, if a bond owner wished to exercise the early call privilege, monies theoretically must be transmitted from the City and not the Escrow agent. However, arrange- ments have been worked out where surplus escrow monies can be used as long as the City guarantees to indemnify the escrow account with Sea -First Bank. Mr. Mansfield assured the Council there was no harm in the City's entering into this indemnity agreement and read, by title, a resolution authorizing exexution of the greement. Mr. Khtaian, Finance Director, gave additional explanation to the Council and agreed with Mr. Mansfield it should be done. Motion xy Mr. Rock, seconded by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 647. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. AMENDMENT TO 1980 BUDGET - FIREMEN'S PENSION FUND Mr. Khtaian explained to the Council that as a year-end clean-up measure, the City goes through all funds to see if there are any over -expenditures. There was only one in the Firemen's Pension Fund. The estimate of the 1980 expenditures did not cover by a little over $900. He recommended the adjustment in the amount of $1,000 so the accounts would be correct. December 15, 1980 - - - - -continued: Motion by Mr. Separovich, seconded by Mrs. Kribs, that the proposed Ordinance (read by Mr. Mansfield by title) be passed and approved and given ORDINANCE NO. 1847. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. APPOINTMENTS'TO COMMISSIONS AND BOARDS Manager Olander read a letter directed to the Council from Mr. Richard U. Chapin, legal counsel for the proposed ex- pansion of Skyline Marina in Flounder Bay. Mr. Chapin asked the Council to consider only those persons totally objective and in no way involved with the opponents or proponents of the project with which he is concerned as candidates for the vacant position on the Anacortes Planning Commission. Mr. Figenshow then recommended the following appointments: Robert Farrar to the Planning Commission, Robert Harr to the Park and Recreation Advisory Commission and Dick Threet to the Board of Adjustment. Motion by Mr. Moore, seconded by Mr. Kiel, that Mr. Farrar be appointed to the Planning Commission to complete the term of Mr. Tidrington. Vote: Ayes -- Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. Motion by Mr. Separovich, seconded by Mr. Kiel, that Mr. Robert Harr be appointed to the Park and Recreation Advisory Commission to serve until October 31, 1985. vote: Ayes==Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. Mr. Kiel then moved that Mr. Dick Threet be appointed to the Board of Adjust- ment to serve from January, 1981 to January, 1985. Seconded by Mr. Rock. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. The Council then agreed unanimously December 22, 1980. There being no meeting adjourned at 9:35 p.m. Ida Rolph, Executive ecretary January .5, 1981 to delete the Council study session on further business to come before Council, 0 K. S. Fige Mayor Meeting called to order at 7:30 p.m. by Mayor Figenshow. Reverend Hilary Bitz of the Anacortes Lutheran Church gave the invocation. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel, Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Rock, that the minutes of the previous meeting held December 15, 1980 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE In the absence of the City Manager, City Attorney Mansfield read a letter addressed to.the Manager and Council from the Friends of the Anacortes Library which indicated their appreciation of the Council's con- sideration of the needs of the Public Library. He also read a letter sent by the Mayor to Maureen Dickson indicating the appreciation of the Council and community for her efforts in making the First Anacortes Christmas Festival a success. The Mayor commented there were many, many more citizens of the City who joined in helping make the event a success. He also mentioned the City staff and their efforts during the recent flooding of the Skagit River along with the personnel from the Naval Air Station in Oak Harbor. CITIZEN HEARINGS There was no response from the audience to Mayor Figenshow's invitation to speak on any subject not on the agenda. OLD BUSINESS There was no old business NEW BUSINESS PUBLIC HEARING - REQUEST FOR VACATION OF A PORTION OF THE 26TH STREET RIGHT-OF-WAY Mayor Figenshow briefly outlined the procedure for a public hearing and then declared a public hearing to be open to consider a petition for vacation of a portion of the 26th Street right-of-way lying easterly of the Burlington -Northern railway right-of-way and the westerly line of "T" Avenue. Mr. Ken Kinzel, Director of Community Development, showed a view foil of the location and advised the Council that the Planning Commission had considered the petition at their meeting of December 10, 1980 and recommended the Council approve the vacation. 1 1 1