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HomeMy WebLinkAbout1981 City Council MinutesDecember 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 1 399 January .5, 1981 - - - -continued: After additional discussion, Mayor Figenshow declared the public hearing closed. The Council then generally agreed that action on this matter should be delayed until such time as the Council determines whether or not the subject land might be used by the City. Staff review indicated (1) the subject right-of-way does not contribute to vehicular or pedestrian circulation patterns or plans of the City; (2) no lots or parcels would be land -locked if it were vacated; (3) the subject right-of-way does not lead to a shoreline park or other public lands; (4) it is not required for public utilities. Mr. Kinzel further advised that staff had placed a value on the subject land by applying the results of the appraisal received on recent vacations within the old Scott mill site which is in the very near vicinity. Mr. Kinzel stated it was staff's recommendation that Council approve the vacation not publishing or recording the vacation ordinance until the applicant had paid one half of the appraised value to the City. From the audience, Mr. Vito Ruzich, owner of Hydraulic Fishing Supply, 720 30th Street, asked for clarification of the location. Councilman Rock inquired why this piece was not vacated when the rest of the 26th Street right-of-way in the area was vacated and the reply was it possibly was just overlooked. Councilman Cleland questioned whether or not this piece of property might not be of value to the City should the City decide to con - struck a boat launching facility. He felt it might be used for a parking area even though it covered only some 7,700 (+-) square feet, and asked Mr. Kinzel to point out on the map where the City might someday be able to construct the launching area. Mr. Kinzel indicated Parcel No. 45 as the possible site. This is a piece of land now in litigation. After additional discussion, Mayor Figenshow declared the public hearing closed. The Council then generally agreed that action on this matter should be delayed until such time as the Council determines whether or not the subject land might be used by the City. Representing the Church, Mr. Merwyn Hanneberg of the Architectural firm of Jones, Enderlin, Denton and Haneberg, 3713 Northeast 46th, Seattle, PUBLIC HEARING - AMENDMENT TO REGULATIONS ON BOARD OF ADJUSTMENT MEMBERSHIP Mayor Figenshow declared a public hearing to be open to consider amending the City's Zoning Code as it pertains to membership of the Board of Adjust- ment. Since the City of Anacortes has become a "Code" City, it is no longer legal for a member of the Board of Adjustment to also be a member of the Planning Commission., City Attorney Mansfield advised he had drawn up an ordinance amending the Zoning Code by simply deleting the portion allowing a member of the Planning Commission to be also a member of the Board of Adjustment. There were no comments from the audience and no further questions by the Council. Mayor Figenshow declared the public hearing to be closed. Attorney Mansfield then read, by title, the proposed ordinance correcting the City's code. Motion by Mr. Separovich, seconded by Mr. Moore, that the ordinance be passed and approved and given ORDINANCE NO. 1848. Under the question, Mr. Cleland asked if it would not be possible to have a Planning Commission member attend the Board of Adjustment meetings and act only as a liaison between the two. Mr. Mansfield agreed this would be possible. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. Mayor Figenshow then recognized Mr. Vito Ruzich from the audience and allowed him to give his comments as follows: that the City was badly in need of a launching area for larger boats; that the urban renewal area was being vandalized continually and not being properly cared for; some lights were on, some out; that no one could learn anything about the status of the lawsuit over a large portion of the land in the urban renewal area and so on. Mayor Figenshow asked Attorney Mansfield to reply -to Mr. Ruzich and Mr. Mansfield advised there was a trial date of March 16, 1981 at which time it was hoped that all the points of contention would be cleared up and settled. He explained there were three parties involved; a Mr. Heath (Alaska Consolidated and Pacific Bering and Seafoods), a Mr. Gregory (Anacortes Lumber) and the City of Anacortes. There were suits and counter- suits; some of which have been resolved, but, hopefully, the rest will be settled in March. PUBLIC HEARING - REQUEST FOR CONDITIONAL USE PERMIT - LDS CHURCH Mayor Figenshow declared a public hearing open to consider a request for a con- ditional use permit by the Church of Jesus Christ of Latter Day Saints. This permit would allow expansion of their existing church located on "H" Avenue at approximately 38th Street. Mr. Kinzel explained in more detail the size of the expansion, the allowances for parking which were far in excess of what was required, etc. The zoning is RL and churches are permitted in said zone under a conditional use permit. Mr. Kinzel said the Planning Commission had considered this request on December 10, 1980 and no comments for or against had been given at that meeting. Staff review resulted in no objections to the project as proposed. Both staff and the Planning Commission recommended to the Council that the Permit be granted. Representing the Church, Mr. Merwyn Hanneberg of the Architectural firm of Jones, Enderlin, Denton and Haneberg, 3713 Northeast 46th, Seattle, January _5, 1981 - - - continued: addressed the Council andstated Mr. Kinzel had presented their proposal in its entirety except that they do intend to landscape the perimeter and driveways of the parking areas. He said he felt the new addition to the church would be a real asset to the community. Mr. Figenshow then declared the public hearing to be closed. Motion by Mr. Kiel, seconded by Mr. Separovich, that the con- ditional use permit be granted so the church could proceed with their project as proposed. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. AUTHORITY TO PURCHASE POLICE VEHICLES Mayor Figenshow said this item would be delayed until the return of the City Manager. REQUEST FOR RECONSIDERATION OF AMENDING MOBILE HOME PARK 10ACRE LIMIT Attorney Mansfield reviewed the background of this matter stating that Council had previously held a public hearing on a proposed amendment to the zoning code which would delete the maximum size of a mobile home park (10 acres). He stated there has now been a request to reconsider their denial of this amendment and possibly consider an amendment raising the size from 10 acres to 20 acres. He cautioned the Council that they would have to decide whether or not they wanted additional in -put and, if so, they would have to set a public hearing date before any additional consideration could be given. Councilman Kiel then stated that for the sake of expediency, he would move that the Council reconsider the matter and set a date for a public hearing. Seconded by Mr. Cleland. Vote: Ayes --Cleland, Kiel. No-- Figenshow, Moore, Rock, Kribs, Separovich. Motion failed. ANNOUNCEMENT OF VACANCIES Mayor Figenshow announced that there were vacancies on the Anacortes Housing Authority Board and the Library Board and asked if there was anyone in the audience who wished to comment or give any suggestions for filling these positions. There were no comments. COMPLAINTS Councilman Separovich said he had received a number of calls concerning the increasing number of skunks within the City limits. He said he would like to discuss the problem at a study session. Secretary was instructed to add this item to the next study session agenda along with the subject of rats. COMMENT FROM AUDIENCE Mr. Gary Klokenteger addressed the Council and said he would like to make a presentation to the Council to support the concept that a 10 -acre mobile home park could not be constructed by a developer without going "in the red". He showed documentation for the authenticity of his figures and showed lists indicating the requirements of the City regarding amount of land for roadways, open space, etc.; utilities and other develop- ment requirements. He then converted this information into dollars and com- pared the costs of a 10 -acre park with a 20 -acre park. Mr. Klokenteger said it appeared to him and his clients that the citizens of Anacortes wanted a mobile home park, that it had the support of the Planning Commission and city staff and also was part of the City's Comprehensive Plan's goals, yet the Council would not reconsider their decision. Council was presented with a statement objecting to the changing of the 10 -acre limit on mobile home parks signed by 109 persons. There was brief discussion after this resent- ation and meeting adjourned at 8:45 p.m. Ida Rolph, Executiv Secretary K. S. Fig ensho Mayor January 19, 1981 Meeting called to order by Mayor Figenshow at 7:30 p.m. Roll Call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Knute Figenshow. Chalres Kiel and Ken Moore entered shortly thereafter. MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mr. Cleland that the minutes of the previous meeting held on January 5, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. CORRESPONDENCE City Manager Olander read a letter received from counsel representing a party wishing to develop Burrows Island requesting that the City furnish water to that area. Mr. Olander suggested this request be discussed at a Council study session. January 19, 1981 - - - - - -continued: CITIZEN HEARINGS In response to the Mayor's invitation to speak on any item not on the agenda, Mr. Pres Holton, 2320 11th Street, addressed the Council asking about the traffic lights on 6th and 8th Streets. Mr. Ford, Public Works Director, informed Mr. Holton that these lights were being made semi - automated and pedestrian buttons installed so the lights will remain green for Commercial Avenue travel unless activated on the side streets. OLD BUSINESS AUTHORIZATION TO PURCHASE POLICE VEHICLES Police Chief, Tony Lippe, addressed the Council and added to the information furnished the Council that the.vehicles now being used as first line have over 70,000 miles on them; that the State Patrol have chosen the Dodge Diplomat for their organization and it is his recommendation that the City purchase this same make. There followed considerable discussion of the previous equipment, present needs, financial considerations, etc. surrounding the proposed purchase. Mr. Lippe pointed out that the State contract runs only until April 1, 1981. Motion by Mrs. Kribs, seconded by Mr. Separovich, that the City purchase one Dodge Diplomat now and order a second just prior to the expiration deadline of the State contract. After additional discussion, vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Rock. No --Moore. Motion carried. NEW BUSINESS PUBLIC HEARING - PROPOSED ORDINANCE REQUIRING PARKING LOT LANDSCAPING After briefly reviewing the procedure for a public hearing, Mayor Figenshow declared a public hearing open to consider requiring parking lots be landscaped. Mr. Kinzel, Community Development Director, advised the Council that this proposal originated with the Planning Commission;.that they have studied the matter; that there are currently no landscaping provisions for parking lots. The proposed ordinance would exclude landscaping requirements for single family residences, duplexes and tri-plexes, but would include landscaping and buffering requirements for utility sub -stations and communications relay stations. Mr. Kinzel said staff had investigated parking ordinances of other communities and found the requested requirements to be reasonable. Mr. Kinzel then read the complete proposed ordinance and stated he felt it would be simple to adminster. There were no questions from the audience and Mayor Figenshow asked for comments from the Council. Mr. Rock said he could see a need for it in certain areas, but felt there should be alternatives for the downtown area where landscaping would decrease the number of parking stalls available in small lots. Mr. Cleland was of the same opinion. Mr. Separovich said he felt all businesses should do what they could for beautification. Mr. Rock and Mr. Figenshow said they felt it should be discussed at a study session and in reply to Mr. Moore's question as to how the matter was brought to Council as a public hearing, Mr. Mansfield explained that anything which could be an amendment to the zoning code had to be under a public hearing and, under the Appearance of Fairness Doctrine, the Council could not be allowed to study it previously. There was additional discussion concerning the content of the proposed ordinance and Mr. Mansfield advised it would be legal for the Council to continue the public hearing to their next study session night. Motion by Mr. Kiel, seconded by Mr. Rock, that this public hearing be continued to the study session night of February 9, 1981. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Carried. PUBLIC HEARING - PROPOSED AMENDMENTS TO ZONING CODE REGARDING RESIDENTIAL MEDIUM ZONE USES Mayor Figenshow declared a public hearing open to consider proposed amendments to the zoning code regarding allowed uses in Residential Medium (RM) zones. Mr. Kinzel advised that the Planning Commission had reviewed the con- ditions and requirements currently ex isting in the zoning code related to developments in the RM zone and suggested that triplexes and fourplexes be permitted by conditional use only; that rooming houses and boarding houses and structures containing more than 4 units be eliminated and the overall density requirement of 9 units per gross acre be eliminated. Mr. Kinzel explained that the "gross acre" included the land adjoining lots to the center of the abutting streets. Mr. Kinzel said it was the Planning Commission's intent to preserve the single family character of those areas which are already mostly developed as single family. He pointed out on the zoning map that the RM zone is one of the larger zones in the City and said that much of it is undeveloped. He also pointed out that in the past 5 or 6 years, there has been only 16 duplexes, 5 triplexes and 7 fourplexes built in Anacortes. Mayor Figenshow asked for comments from the audience and Mr. Buehl Berentson, 3307 "H" Avenue, addressed the Council. He stated he was beginning to suspect ulterior motives in these proposals; that he would like to find out where they are coming from and that there are people from other parts of the country who would like to come and live here, but the requirements are getting entirely out of hand. Mr. Bud Atterberry, 3320 Commercial, said he seconded everything Mr. Berentson had said and that he felt the whole concept of the proposed ordinance was out of order. January 19, 1981 - - - - -continued: Mr. John Lynch, 1705 11th Street, said he felt the Council should look the City over and take note of the amount of sub -standard housing in the City; that such an ordinance would prohibit contractors from building anything better. He agreed with Mr. Berentson and Mr. Atterberry. Don Coughlin, 417 38th Street, pointed out that the Comprehensive Plan and Zoning ordinance were the result of more than a year's work by a number of people in the community and that the multi -family housing allowances were put in for specific reasons - including that the RM zone was the only area left where multi -family housing might be built. He said he did not feel the City would be solving any of the housing problems by changing the codes and that the Comprehensive Plan and Zoning Code should be left as they are. He implied that there were factions at work to insure that development in the City be only as they desired. Al Carpenter, 806 38th Street, said he was of the same opinion; that he firmly believed that all the time and effort which had been put into the Comprehensive Plan and Zoning Ordiance had resulted in good documents and to make changes would only cause more problems. Mrs. Elaine Lynch, 1705 11th Street, read from the current zoning code under the Powers and Duties of the Planning Commission, "....it may make surveys, analyses, researches, and reports as are generally authorized or requested by the Council." and asked whether the Council had requested the Commission to make the subject report. There was no reply from the Council. Mayor Figenshow then requested comments from the Council and Mrs. Kribs asked where multi -family houses could be built if they were not allowed in the RM zone. She was told they could only go into higher density zones, perhaps the RH or RH2A. Mr. Kinzel pointed this out on the zoning map (in red) which appeared to be a very small zone. Mr. Kiel asked what kind of conditions could be attached to,a conditional use permit if one were granted under this proposed ordinance and Mr. Kinzel said he did not know of any special conditions which would be attached to a permit; that the Planning Commission was more concerned about controlling the siting, locations, of the triplexes and fourplexes in their relationship to existing areas which are already predominantly single family. Mrs. Kribs siad she felt this matter should also be continued to a study session. Mr. Olander said he had attended some of the Planning Commission meetings and had the impression they were concerned about such things as traffic volume and circulation, overalll density, etc. caused by multi -family dwellings, and felt the Planning Commission and Council should have the opportunity to look at those factors in granting permits to build; that they were not trying to cause more problems. This was his general impression. Also, that it takes at least four votes in the Planning Commission to pass a recommendation, so it is not likely to be just one person's opinion. Mr. Moore responded to some of the comments from members of the audience and said he did not think it was right for someone to come before the Council and make references to one particular person as influencing the actions of the Planning Commission. He then asked for additional explanation concerning the deletion -of the 9 units per gross acre require- ment and Mr. Kinzel explained this would have the result of decreasing the density and read from the code the square footage requirements for the various kinds of housing. Mr. Moore then moved that this matter be continued to the study session date of February 9, 1981, seconded by Mr. Separovich. Vote: Ayes-- Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. Mr. Kiel suggested that all the Planning Commission members should also meet with the Council on that date and Mayor Figenshow asked the City Manager to write a letter so inviting the Commission. CONSIDERATION OF PLACING CAUSLAND PARK ON THE NATIONAL REGISTER OF HISTORIC PLACES Director of the Library, Doug Everhart, was not able to be at the meeting and, in his place, Mr. Olander advised the Council that during the last couple of years Causland Park had been nominated to be put on the National Register of Historis Places and that the City had now received a letter from the State Commission saying it will be considered sometime in February. It was recommended that the Council pass a motion supporting the nomination. Motion by Mr. Rock, seconded by Mrs. Kribs, that Causland Park be nominated to the National Register of Historic Places. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Motion carried. January 19, 1981 - - - - -continued: COMPUTER LEASE/PROGRAMMING CONTRACTS Finance Director, George Khtaian, said that after Council approval, contract negotiations had been conducted for lease of an IBM System 34 computer from Data Processing Enterprises of Seattle and for program implementation services from Computer System Design, Yakima. The Council was furnished with copies of the proposed contracts and advised of the costs involved. After brief discussion which pointed out that after all was said and done, the net cost to the City per month would be only slightly more than the cost of the present system. Also, that operator training was included in the quoted price; that the programs would be received at a much lower cost from the City of Ellensburg. Mayor Figenshow commented that Mr.Khtaian had negotiated a good change. Mr. Mansfield then read a proposed resolution authorizing execution of the equipment rental agreement on the computer. Motion by Mr. Separovich, seconded by Mr. Rock, that the Resolution be adopted and given RESOLUTION NO. 648. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. Mr. Mansfield then read a proposed resolution authorizing and directing a letter of understanding and a computer program rights agreement with Computer Systems Design, Inc. on the software and programming for the computer. Motion by Mr. Separovich, seconded by Mr. Rock, that this resolution be adopted and given RESOLUTION NO. 649. Vote: Ayes -- Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. APPOINTMENT TO HOUSING BOARD Mayor Figenshow recommended that Mr. Nick Petrish be re -appointed to the Anacortes Housing Board after completing the term of Mr. Van Horn who assed away. Mr. Figenshow said .no other names had been submitted for this potion. Motion by Mr. Separovich, seconded by Mr. Rock, that Mr. Petrish be appointed to fill the vacancy on the Housing Board. Vote: Ayes --Rock, Separovich, Figenshow, Cleland, Kiel, Moore. Abstained: Kribs. Motion carried. Mr. Separovich then asked for a report on the status of the matter of doing away with the old Townsend Hall at 12th and "0" Avenue. Attorney Mansfield said he had had no success in getting service on the owner, Chris Demopoulos, and if this cannot be done, he would get a Court Order allowing public service in order to proceed with getting it torn down. In the meantime, the animals inhabiting the premises are being trapped. Mayor Figenshow reported he had had discussion with the acting director of the State ferry system and the State has taken steps to enlarge their parking area at the ferry terminal and welcomed Mr. Figenshow-!s suggestion of possibly double -decking the area. From the audience, Mr. John Garrett, 1113 12th Street, gave a vivid account of his experiences with the animals residing in the old Townsend Hall and said he would appreciate having a health department official present when and if it is ever torn down. There being no further business to come before the Council, meeting adjourned at 9:15 p.m. Ida Rolph, axe t' e Secretary K.`S. Fige�� Mayor February 2, 1981 CORRESPONDENCE City Manager, Robert Olander, read copy of a letter received by the Council addressed to the Burlington -Northern Railway Company from the Anacortes Arts and Crafts Foundation in which the Foundation expressed their appreciation to Burlington -Northern for selling the depot property to the City. Meeting called to order by Mayor Figenshow at 7:30 p.m. Invocation was offered by Reverend Al Gamble of the Church of the Nazarene. Roll Call found present: Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel. Karolyne Kribs, Ken Moore and Bud Rock were excused. " MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Cleland, that the minutes of the previous meeting held on January 19, 1981 be approved as if read. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel. Motion carried. CORRESPONDENCE City Manager, Robert Olander, read copy of a letter received by the Council addressed to the Burlington -Northern Railway Company from the Anacortes Arts and Crafts Foundation in which the Foundation expressed their appreciation to Burlington -Northern for selling the depot property to the City. February 2, 1981 - - - - -continued: CITIZEN HEARINGS There was no response from the audience when Mayor Figenshow invited anyone to speak on any subject not on the agenda. OLD BUSINESS There was no old business to be considered by the Council. NEW BUSINESS CONTRACT WITH SKAGIT COUNTY FOR SENIOR SERVICES Parks and Recreation Director, Steve Colby, addressed the Council and stated the proposed contract for senior citizen services for 1981 was basically the same as executed for 1980. The rental charge for the Community Center facilities is somewhat higher than for 1980 leaving a balance of $12,638.00 to the County for their administration of the senior citizens program in Anacortes. City Attorney Mansfield then read, by title, a resolution authorizing execution of the contract with Skagit County. Motion by Mr. Separovich, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 650. Vote: Ayes--Figenshow, Cleland, Kiel, Separovich. Motion carried. SPHERES OF INFLUENCE POLICY Mr. Olander addressed the Council on this subject and reminded them that last year the Council had passed an interim "sphere of influence" policy in conjunction with Skagit County which has now expired. The County has again requested the cities of the County to agree to a procedure wherein the County and the respective cities would be informed of proposed actions on either side concerning land use and develop- ment -related decisions. Mr. Olander said that also there recently arose another issue - the proposal of a Boundary Review Board, but the cities of the County were opposed to such a Board feeling that they could ,work for mutual planning through a joint "sphere of influence" agreement. The County now feels that in the long run, the best way to handle any boundary problems between the cities or County is by the spheres of influence policy. Mr. Olander further explained that he felt this was the first step toward more detailed planning coordination between the cities and the County in how to deal with problems of growth and recommended that the Council adopt the proposed policy. There followed a discussion with the Councilmen giving their views and opinions and asking a few questions; one being who would administer the policy on behalf of the City of Anacortes. The reply was that it would be done by the City Community Development Director, Ken Kinzel, with the more significant matters to come before the Council. Mr. Mansfield then read, by title, a proposed resolution establishing a Joint Sphere of Influence agreement between Skagit County and the City of Anacortes. Motion by Mr. Separovich, seconded by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 651. Vote: Ayes --Cleland, Kiel, Separovich, Figenshow, Motion carried. PURCHASE OF VEHICLES FOR PUBLIC WORKS DEPARTMENT Public Works Director, David M. Ford, Jr., addressed the Council concerning the purchase of three vehicles for the Public Works Department as budgeted in the 1981 budget. The vehicles are: a 1 -ton flat bed for the sewer treatment plant, re- placing a pickup at the water treatment pland and an automobile for the Public Works Director. Mr. Ford stated he had researched the prices under the State contract and had found that the City could probably do as well or better by calling for bids on the two trucks, but possibly the auto- mobile could be purchased for less under the State contract. He asked for Council's direction in the matter. After a brief discussion in which several Council members, with the agreement of Mr. Ford, expressed the opinion that the local dealers should be given an opportunity to bid on the vehicles. Motion by Mr. Kiel, seconded by Mr. Separovich, that the staff be authorized to call for bids on the vehicles for the Public Works Department. Vote: Ayes --Kiel, Separovich, Figenshow, Cleland. Motion carried. Mayor Figenshow then asked Mr. Olander to review the previous items heard under public hearing at the last Council meeting and Mr. Olander stated that concerning the proposed changes in the uses under the RM zoning and proposed changes in landscaping requirements being changes in current ordinances, they were brought.to the Council for public hearings rather than previously at a study session. During the public hearings on January 19, 1981, the Council postponed any decisions and continued the public hearings to the.meeting of February 9th and invited the Planning Commission to attend. Mr. Olander said a letter subsequently received from the Planning Commission questioned the appropriateness of the Commission members attending the continuation meeting. Discussion with the City Attorney and among themselves resulted in the Council concurring that it was not necessary for the Planning Commission members to attend the continuation of the public hearings, and, there is specific information the Council desires from the Planning Commission,they could request it in writing. Council agreed with the Planning Commission, however, that sometime in the near future, it would be useful to meet with the Planning Commission for a discussion about planning in general. Also, 1 1 February 2, 1981 - - - - continued: if and when the City Council has another "goal -setting" session, it would be appropriate to invite the Planning Commission members. Mr. Separovich commented that due to the "tightness of money", it might be a good idea for the Council to have a meeting and review the financial situation of the City. There being no further business adjourned at 8:10 p.m. Ida Rolph, Executive/ ecretary to come before the Council, meeting February 9, 1981 (Special Meeting) K. S. Figens ow, Mayor Meeting called to order at 7:30 p.m. by Mayor Figenshow. Present were Knute Figenshow, Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Charles Kiel, Ken Moore. Mayor Figenshow-explained this meeting was to continue the public hearing on proposed changes in uses in the RM zone. He declared the public hearing open and asked Mr. Kinzel, Community Development Director, to review previous testimony given on this matter. Mr. Kinzel stated the Planning Commission recommended that construction of triplexes and fourplexes be subject to a conditional use permit only in the RN zone. The current code allows these as outright uses. The Planning Commission also recommended that rooming houses and boarding houses con- taining more than 4 units be eliminated in the RM zone and that the overall density requirement, as it now exists of 9 units per gross acre be eliminated. Mr. Kinzel stated the PlanningCommission made these recommendations after considering the impact of fourplex.units on single family residential areas. Their intent was to alleviate the impact of higher density in existing residential neighborhoods and, through the conditional use process, to allow them to be located in areas that are not already substantially developed by single family units. Manager Olander asked.Mr. Kinzel to also briefly review the history of the current zoning ordinance and how it was developed. Mr. Kinzel did so and said that when the RM zone was considered, it was primarily single family with some mixture of medium and higher density uses. At the time, the community was recognizing some of the changes in the housing market; the high cost of constructing single family units and it could be seen that there would be a higher demand for higher density uses. Therefore, the RM zone was one of the larger zones that exists in the City as far as land use is concerned as compared to some of the other zones. Mr. Figenshow then recapped where the previous public hearing left off and said that some accusations were made against the Planning Commission result- ing in the Commission being invited to this meeting; then, after reconsider- ation, it was felt that would not be a good idea. Mr. Figenshow then voiced some observations about the formation of the Comprehensive Plan of the City and said that if the economic situation today were the same as when it was formed, there would be the same concerns now being considered. He said he felt the Planning Commission was making their recommendations under their basic function of long range planning; that the Comprehensive Plan and zoning ordinance were good documents, but perhaps some changes needed to be made. Mr. Olander then read a letter from Mike Wysk, Jr. who said he was against any and all changes in the current zoning laws; and a letter from Robert G. and Elizabeth Yates, 606 Longview Ave., indicating they supported the Planning Commissions recommendations. Mr. Olander also stated it was his understanding that the Planning Commission felt the RM zone should be basically single family and that the building of fourplexes in such a zone might make some problems for some neighbors and these neighbors should have the chance to express their views and/or objections if they have any - hence their recommendations. Mayor Figenshow then asked for comments from the audience and Mr. Vernon Lewis 610 Longview, Anacortes, said he got 32 signatures endorsing the Planning Commission's recommended changes in an area of about 3 blocks. Mr. Jim Joy, February 9, 1981 - - - -continued: 618 Hillcrest, said he thought .-it would be a good change and ended up getting 136 signatures from many different areas in the City's RM zone supporting the proposed changes. Mrs. Margaret Murhpy, 1020 "E" Avenue, gave as part of her background, service of 8 years on the Planning Commission in San Jose, California, and said the Council was to be congratulated in getting this issue before the public. The zoning ordinance, made 2 years ago, wisely made provision for changes Section .01 states: This text and map is not intended to be the final word on zoning in Anacortes. When changes occur and shortcomings are found, amendments should be made so the Ordinance does not become outdated or unrealistic." She also quoted from sub -section a, "Title and Purpose", ... The Ordinance is designed to assist in orderly community development, conserve the value of property and safeguard the public welfare by: - -encouraging the most appropriate and compatible uses of land; - - " It was Mrs. Murphy's feeling that triplexes and fourplexes would not be compatible with already predominantly single family neighborhoods. She also recited a number of other zones where they are permitted and said there was no scarcity of zones where they could be built. She then suggested that (1) the Council study, block by block, the M zone and possibly create a new zone (RL -2) for those areas where duplexes should be the highest interest; or (2) require, as proposed, a conditional use permit with spelled out criteria so land owners or developers will know exactly where they stand. Mr. Clarence Dean, 624 Hillcrest, stated there were a lot of people who did not know when the old zoning of R-1 became RM. Mr. Bob Boomer, 3817 Terrace Drive, said he believed the proposed approach is wrong and not in the best interests of the City to use the conditional use permit as it is temporary in nature. He said he thinks the Comprehensive Plan should be changed or areas rezoned to protec the specific areas. Mr. Bud Atterberry, 34th and Commercial, said he was against the proposed changes because there isn't much duplex or triplex property left for sale. Mr. Bill Sanford, 3910 "Q" Acenue, said he felt that 90% of the property is already taken in RM zones and what little was left certainly couldn't bring in that many more people. Mr. Jim Joy again addressed the Council and said he believed the people should protect what they have; that multi -family housing in single family zones would be downgrading the property; that the Planning Commission had done a good job and the residents of Anacortes should support them and pass the proposed changes. Mr. John Hammons, 615 Hillcrest, said he felt the conditional use process would be a good protection... if neighbors did not want a multi -family unit next to them, they could object to the issuing of a permit; he feels most people don't want duplexes or triplexes next to them; he knows of one spot in his area that if such housing were built on it, it would be spoiled. At this point, Mr. Figenshow asked Mr. Kinzel to briefly explain the con- ditional use permit process and Mr. Kinzel said that in some zones the conditiona use process is required. Application is made to the City for some specific use in a certain zone, the application is referred to.the Planning Commission for their review and recommendations. The Planning Commission can recommend special conditions be attached to the permit to mitigate any specific impacts on the particular neighborhood. The City Council then holds a public hearing and considers the recommendations of the Planning Commission and the input from the public hearing and then denies or approves the application. From the audience, Rieta Main questioned the regularity of the change proposals and what happens when a person buys a piece of property in a certain zone with the intent of building multi -housing and then the zone is changed prohibiting it. Manager Olander responded by stating that as circumstances and conditions changed, there would be requests for zoning amendments and changes. He also said it was his subjective opinion that the community did not really realize what was allowed in an RM zone. The issue of persons who have purchased land in a specific zone with certain.plans is a problem any time there is a zone change because whenever a zone is changed, some people feel it will benefit while others will not feel it is a good change and be hurt. February 9, 1981 - - - continued: Tom Montgomery, 1120 8th Street, asked Mr. Coughlin who, besides real estate Mayor Figenshow then commented that he would hope that the Comprehensive Plan and the implementing ordinance, under which the City operates, would be updated at least once every 5 years. Chuck Bryson, 616 Hillcrest, asked how many are notified around the area when an application for conditional use permit is submitted to the City. Mr. Kinzel replied that it is just the immediate neighborhood; there is no set specific distance in the code. Mr. Jay Smith, Skyline, asked Mr. Kinzel if he knew how many people would say:"yes, we would like to have a fourplex built in our neighborhood". It was Mr. Smith's opinion that there.would never be one fourplex built in this City (or a triplex either) in the RM zoning; so he asked, where would they be built? In RH?, which is not the best use of that land, that would be apartments; so why doesn't the Planning Commission find someplace that can be upgraded and give some areas where triplexes and fourplexes can be built? Mr. Don Coughlin, 417 38th Street, agreed that there is only a couple of sites in the Hillcrest area where this type of project could be built. He reiterated his former statement,that he felt the City's Comprehensive Plan and Zoning Ordinance were -good, workable documents to help achieve the City's goal of average moderate growth. The only reason to change either document would be to prevent uncontrolled or accelerated growth beyond that intended goal. At present, the City is not growing as it should, it has digressed into a sub -standard growth pattern which has been bad for the City financially. Even today, other taxes and revenue sources are under consideration by the Council to meet maintenance of present City expenses. Anacortes' tax base is not growing to meet the projected revenues that would have been available if the growth and population had been anywhere near the projections of the 1960 study by the Graham Company. There has been a net frowth of only 613 people in 20 years. This City is not growing at the same rate as the County; in 1960 there were3,005 dwelling units in the City, today there are 3,954 dwelling units for an increase of 1.2% a year, or about 47 dwelling units per year. The projections were 43% increase over the 20 year period. The actual growth factor was less than 31% in dwelling units. There were 565 building permits applied for since 1975. 5% of those were multi -family - duplexes to fourplexes. The majority of those were situated at Skyline. There has been exactly 2 building permits in the RM zone since the time the Compre- hensive Plan was formed and made the guidelines for the City. So, con- sidering that the original Comprehensive Plan projected a growth of 44% in population and we have experienced 6.8% over the past 20 years, con- sidering the projected 1380 residential units to be constructed and we have had about 950, more or less; and considering that 95% of the con- struction over the past 5 years in Anacortes is single family residences, Mr. Coughlin stated his conclusion only could be that the City is in regressive growth. If the recommendations of the Planning Commission go unchallenged and they are approved, the possibility of no -growth will be increased in this City and bring it closer to bankruptcy. He feels the City and its developers, builders and City staff should be given the tools spelled out in the present Comprehensive Plan and Zoning ordinance. He also said he had looked and found only a very few locations inside the City where multi -housing could be built. There must be growth in order to pay the bills for the town. Tom Montgomery, 1120 8th Street, asked Mr. Coughlin who, besides real estate developers, want more than 613 new people in the town in the last 20 years anyway. Coughlin replied he could think of a lot of people, but most assuredly running a City of the size of Anacortes requires a considerable amount of growth; that in square miles, Anacortes is almost the size of Everett. Coughlin then asked how many present had actually read the Comprehensive Plan and Zoning ordinance. Mr. Vernon Lewis again addressed the Council and said he still believed most of the residents in his area were against having multi -family housing in their neighborhood. He did agree with Mr. Coughlin's figures, however, and said one thing that always worried him was that a lot of people would like to make Anacortes a retirement town; the residents were not overly interested in businesses; they would like to make it the boating capital of the world; that years ago Publishers employed 450 to 500 people; Scott Paper was here and now they're gone; Publishers has only about 180 and maybe soon, none; and as long as these type things occur, there will be no real financial growth, the City will continue to decline. If people move out and retirees move in, there still must be things for people to do W1111 �I►� February 9, 1981 - - - continued: and places for people to live. Wherever areas are opened for building, there are problems; why can't there be specific areas for multi -housing? At present, everyone is just concerned about where he or she lives. So far, every new area is designated just for single families. Jim Joy asked if acreage in a RM zone could be developed under the Planned Unit Development process like Stittwood was and Mr. Kinzel said it was optional; it could be developed pursuant to the PUD process. Mr. Joy said he felt the amendment, as proposed, was needed in the RM zone. Mayor Figenshow then called for comments from the Council. Mrs. Kribs said she had received several phone calls from people complaining that they thought they had bought property in single family areas only to find out that it could be multi -family; that to make the City grow, there should be more business coming instead of more multi -family dwellings; that other areas in town should be rezoned for multi -family dwellings; why is everyone worrying about the population growing; (her answer was because of money), etc. She has not yet made up her mind about the proposals. She has not had any calls from people saying they wanted multi -family housing next to them. Tom Cleland asked Bob Hogg, Planning Commission Chairman, whether the Planning Commission during their deliberations, had gone out and talked to any neighborhoods where a fourplex had been built to see if there were any problems. Mr. Hogg replied he could speak for only one person on the Planning Commission and that was himself. But he understood that some of them did, to some extent; but there are not that many to visit. Cleland asked what types of things did the Planning Commission have in mind in trying to protect the single family areas and Mr. Hogg again said he could speak only for himself, and his thoughts were primarily not to prohibit construction of multi -family units, but to control their location because there were some good locations and some bad locations. He said the Con- ditional Use process would give the Council this control. Councilman Kiel asked Mrs. Murphy to repeat her suggested solutions and she did. Mr. Coughlin again addressed the Council and said he wished to clear the air concerning the role df the realtors in town - that they did not write the Comprehensive Plan and zoning ordinance, but they use them probably more than anyone else and that it is the realtors' job to safeguard the personal property rights of property owners; the realtors are not developers or builders. Mr. Separovich said he felt the Council should review the different areas in the City and would like to see a special committee formed to do so. One or two other realtors gave their views to the effect the Comprehensive Plan and zoning ordinance should remain as it is (Al Carpenter, Bud Atterberry, John Lynch). Mr. Rick Dickson expressed the opinion that the quality of housing is what property owners look for and, somehow, multi- family housing gives the indication of downgrading a neighborhood. He pointed out the square footage necessary for triplexes and fourplexes and reiterated that there very few places in town where this much land is available. He also pointed out that a few years back the federal government encouraged multi -family housing interspersed with other housing so they would not be just in one place. Mayor Figenshow, at this point, said he felt the Council should not take any action on this matter at this time and should study what areas are available for development and if there are not many, should explore other areas. He then declared the public hearing to be closed. There followed general discussion among the Council members and staff and members of the audience resulting in action to be delayed until a later date after additional study. CONTINUATION OF PUBLIC HEARING ON PARKING LOT LANDSCAPING REQUIREMENTS Mayor Figenshow declared the public hearing to be open and asked Mr. Kinzel to reivew the previous testimony on this matter. Mr. Kinzel stated the Planning Commission had forwarded the suggested ordinance to the Council which would provide some amenities to off-street parking areas that might be required to new developments in various areas of the City. The ordinance is simple and would be easy to administer and calls for 5 -foot perimeter planting strips around the boundaries of the parking lots and, in other areas, would require 1 square foot of landscaping for each 100 square feet of paved areas. Also, landscaping areas would be required at the end of parking rows. He then described an example and indicated the decrease in the number of parking spaces due to the requirements. It was Mr. Kinzel's opinion that there could be revisions in the ordinance February 9, 1981 - - - _continued: to alleviate this problem somewhat. One way would be to allow the 5 -foot planting strip to be placed between the sidewalk and the property line - in other words, in the public right-of-way. Further examination of parking areas show there are some "dead" spaces - like in corners - which could be landscaped to satisfy the requirement. Another mitigation would be to eliminate the requirement of landscaping at the end of the rows which would save 4 parking spaces on a double row. He then reviewed the square footage required for parking spaces. Mr. Olander gave further detailed explanation of the proposal. (unable to hear clearly on tape) There were questions by the Council replied to by Mr. Olander and additional comments by the Council. Mr. Hogg said that the Planning Commission was looking at the proposal from the esthetic point of view and wished to upgrade the appearance of the City. In his opinion the City engineering staff should look at the proposals and revisions as mentioned by Mr. Kinzel and the most effective ways to do it; that he and the Planning Commission merely expected that if the concept was appealing to the Council, they would certainly then want to make a greater study of it and come up with something that would be acceptable. Mayor Figenshow said he would hope that something could be developed for beautification which would not use too much of the available land. There was some additional discussion among the Council members of possible requirements, etc. with staff members and Mr. Hogg. All resulting in Council's request of staff to do further study and see if a proposal might be developed allowing smaller parking lots and larger parking lots to have landscaping in proportion to their size, etc. Mayor Figenshow declared the public hearing closed. Meeting then adjourned to a study session. (foregoing minutes taken from recorded tapes) Ida *Rolph, Executi/e Secretary K. --*S. °Fi ns ow, Mayor February 17, 1981 In the absence of Mayor Figenshow, Vice -Mayor Ray Separovich called the meeting to order at 7:30 p.m. Roll Call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Charles Kiel and Ken Moore. Knute Figenshow was excused. Invocation was offered by Reverend Bachman of the Westminster United Presbyterian Church. MINUTES OF PREVIOUS MEETINGS Motion by Mr. Rock, seconded by Mr. Cleland that the minutes of the meetings held February 2, 1981 and February 9, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE There was no correspondence to be read; however, Mr. Separovich read a Proclamation declaring the month of March, 1981 as Red Cross Month and urging the citizens of Anacortes to recognize and support the American Red Cross. Also, at this time, Mr. Separovich recognized reporter Bob Slone of the Anacortes American indicating that this meeting was the last Mr.Slone would be attending and wished him well in his future endeavors. CITIZEN HEARINGS There was no response to Mr. Separovich's invitation to anyone in the audience wishing to speak on any subject not on the agenda.' OLD BUSINESS CONSIDERATION OF RM ZONE CHANGES City Manager, Robert Olander, reviewed the previous information garnered by the Council through a public hearing on February 2nd which was continued to February 9th and stated that when the public hearing was closed, the Council indicated they wished further information and study on the matter. Mr. Olander stated the staff wished additional direction from the Council as to just what they wished. He pointed out that if there were any major changes made in the RM zone, it would nec- essitate study of the RL and RH zones and this would follow with a study of the commercial and industrial zones. Thus, it would mean a major study of the whole Comprehensive Plan. He further pointed out that the Comprehensive Plan is due for updating in 1982. Mr. Olander's opinion was that since there apparently is little activity possible in multiple buildings in the RM zone at present due to lack of available sites, it would be reasonable to pass the amendment recommended by the Planning Commission to provide 3 and 4-plexes in the RM zone under a conditional use permit and then re-evaluate the RM zone as a whole when the Comprehensive Plan is reviewed in two years. In Mr. CLOFebruary 17, 1981 - - - - - - -continued: Olander's opinion, the only other option would be to make no change and wait until 1982 to study any major alterations. There followed a general discussion of the pros and cons of this suggestion and then Mr. Kiel moved that the Council accept the Planning Commission's recommendations and allow 3 and 4-plexes by conditional use permit in the RM zone and that the matter be re -considered one year from now and that the Council instruct the staff to prepare an ordinance amending the code for that change. Seconded by Mrs. Kribs. There was additional discussion including the possibility of putting a time limit on the amendment which Attorney Mansfield indicated would possibly lead to some serious legal questions, have a tendency to indicate that the City's zoning had no permanence or stability; that he knows of no city which ever had such an ordinance. Mr. Kiel said he thought this kind of ordinance would keep the matter active and assure additional consideration. Vote: Ayes--Kribs, Separovich, Kiel, Moore. No --Cleland, Rock. Motion carried. It was brought out that the decision would not be final until the ordinance itself, after it is drawn up, is acted upon and that the Council could even re -open the public hearing if they wished to do so for additional testimony. NEW BUSINESS PUBLIC HEARING ON VACATION OF PORTION OF BALTIMORE STREET RIGHT-OF-WAY Mr. Separovich declared a public hearing open to consider a petition for vacation of a portion of Baltimore street right-of-way consisting of the west half of the right-of-way between Oakes Avenue and Railroad right- of-way. Public Works Director, David M. Ford, Jr., showed a view foil of the location and stated that staff had investigated and learned that the applicant, Mr. Nations, was requesting the vacation in order to make an addition to their existing residence. There is a storm drain located with- in the proposed area to be vacated which presents a potential conflict with the proposed addition. Mr. Ford also -stated this proposal conflicts with the City's Comprehensive Plan and Comprehensive Park Plan both of which recommend that such street ends be retained as view sites and potential access to the waterfront. Mr. Ford stated there are several such sites in the City and he was of the opinion that to ,vacate them would oppose the Council's goals of providing additional waterfront access to the public. Mr. Ford said his staff had checked the property values in the area and found they are very high because it is choice view property. He recom- mended that the petition be denied and stated this was also the recommend- ation of the Planning Commission. There was a short discussion by the Council members and then Mr. Stanley Meeker, of 3007 Oakes Avenue, addressed the Council on behalf of Mr. & Mrs. Nations. Mr. Meeker alleged that the right-of-way in question was 80 feet wide and that after vacating the portion requested, the City would still have 40 feet of right-of-way; that from the edge of the property line, the land goes very steeply down to the railroad right-of-way thus not being a good access; further, that the City right-of-way has never been paved or used, that the Nations would put in pavement and landscaping to make the area beautiful; that the City would have full access to the storm drain for maintenance, that they did not intend to build over it and just wished to build onto their existing home. Mr. Meeker said he did not feel the City would be losing anything, and would still have the 40 feet right-of-way. He also indicated that if the City did not wish to vacate the full 40 feet that possibly the Nations would be willing to take less. From the audience, Mr. Pres Holton, 2320 11th Street, addressed the Council and said he was .familiar with the location, that he was of the opinion it would never become land that would be useful to the City, but to vacate half of it would leave a useless right-of-way of 40 feet and he felt no street should be less than 60 feet wide. However, he felt this property is certainly.not one that should be sold under the City's ususal formula of one-half of the appraised value. If it were sold at all, it should be for the full width of the 80 feet at full value as it is good view property. He said there were several other pieces on Carolina and Baltimore that could be peitioned for vacation because of their steepness. Mr. Separovich then declared the public hearing closed and asked for the wishes of the Council. Mr. Moore moved that the petition be denied on the basis of the recommendations made by the staff and Planning Commission. Seconded by Mr. Rock. Under the question, Mr. Kiel commented that though the petitioner had a legitimate request, he did not think it was in the best interests of the City; that the City had been trying to acquire access to the waterfront for the public and to grant this vacation would not be consistent. Vote: Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. February 17, 1981 - - - - - continued: SYSTEMS DEVELOPMENT CHARGE - PROPOSED ORDINANCE Manager Olander reviewed the previous instructions of the Council which resulted in the appointment of a citizens committee studying means by which revenues could be generated to assist in paying for capital improvements necessary as a result of community development - such as additional utility lines, streets, etc. The committee presented their report at a recent study session of the Council and recommended to the Council the adoption of an ordinance which would impose a 1 -percent fee on the value of proposed improvements. This fee would be collected at the time the building permit was issued. This fee would not .apply to improvements which do not add to the area of an existing building such as a new roof, siding and interior remodeling. The committee recommends this fee because it would escalate with inflation and rising construction costs; it would be less for lower cost constructed homes; it would be easy to administer and collect; revenues would be generated according to construction activity; and it is not excessive. Mr. Olander said the proposed ordinance also restricts the use of the revenues from this fee to be used for the design and/or construction of new or expanded streets and/or storm drainage facilities. Mr. Olander was of the opinion that such an ordinance would generate enough funds, in conjunction with other sources of funds, to be of a real help to the City. Mr. Rock asked if the whole committee agreed with this proposal and was told they did. From the audience, Dick Dildine, 1211 6th Street, addressed the Council stating he felt the funds should be used for more than just arterial streets and that the fee should be charged to the developer who is responsible for creating the necessary capital improvements. Mr. Rock refuted this by saying it would not solve the interim problem due to many, many vacant lots already in the City. Mr. Jim Cully, 4912 MacBeth Drive, asked for clarification.on the unanimous agreement spoke of previously and was advised that this .was the committee's agreement, not the Council's. There was further general discussion and Mr. Meeker addressed the Council giving the opinion that added taxes and fees which make it more expensive for people to acquire a home would not benefit the community. He said the high interest rates presently in effect and the housing slump would not be helped by this fee; that the City should encourage more home building to generate more property tax income. Mr. Dildine reiter- ated that he felt speculators have made housing too .high for people to buy and they should be the ones to pay for it up front. Mr. Olander pointed out that.the committee had worked hard and long to arrive at the present proposal; thatit was not the original proposal or ordinance and was different in concept. Mr. Kiel commented he;did not.feel the Council should approve the ordinance because the whole approach was unfair; it required people new to the community to pay for the privilege of living in the community which is contrary to the whole system of furnishing public utilities, etc.; also,, in 10 years it would not generate sufficient funds to deal with the problems.of the City; and, based on the new budget just passed, there should be no new taxes for 1981 and this ordinance imposes a tax on building which the City doesn't need at this time. Mrs. Kribs said she did not feel it should be completely eliminated, but should be established at a later date. Mr. Rock.said he felt there was a need, but the way housing is now, it should not be imposed at the present time. Mr. Moore said he felt that since the Council has been considering this idea for over a year, they were well aware of the concept; and because of the amount of time and research already put into the matter and in light of the recommendations of the committee, he didn't think this was the.type of thing that could be put on in good times and taken off.in bad times; there is the need for the funds and he would urge that the ordinance be passed. Mr. Mansfield then read the proposed ordinance by title and Mr. Cleland moved that the ordinance not be approved. Since this was not an appropriatly worded motion, Mr. Cleland withdrew his motion. Motion by Mr. Moore that the proposed systems development charge ordinance be adopted and given a number. Mr. Kiel said that for the sake of .the vote, he would second the motion. Before the vote could be taken on this motion, Mr. Rock moved to table the decision on this matter until the return of Mr. Figenshow which would enable the whole Council to vote on the proposal. Seconded by Mrs. Kribs. Vote on Mr. Rock's motion: Ayes --Moore, Rock, Kribs. No --Cleland, Kiel, Separovich. Tie vote. February 17, 1981 - - - - - - - -continued: City Attorney Mansfield advised that in this case there would be no decision. Mr. Kiel asked if he could change his vote to break the tie and Mr. Mansfield said it would be legal. Mr. Kiel then voted yes and the motion carried. This matter will be placed on the agenda of the next Council meeting. ACCEPTANCE OF 32ND STREET SIGNAL Mr. Ford advised the Council that when this item was placed on the agenda, he anticipated the State Public Works Depart- ment would be in a position to turn over the signal to the City. However, they were not able to make it and so he asked to withdraw this item until every- thing was ready. There followed a considerable discussion in response to Mr. Cully's suggestion that all contractors have payment withheld until they correctly repair street cuts made during construction.. Mr. Ford said the City does their best to see that these cuts are repaired properly and were plan- ning to see if it would not be possible to get a two-year guaranty with construction bids for additional protection. RENEWAL OF URBAN RENEWAL NOTE WITH BANK OF ANACORTES Finance Director, George Khtaian, advised that the interest rate on the warrant, taken out with the Bank of Anacortes in 1978, for the next 6 months would be 12%. This is 5% higher than the previous six months, but he had checked with the current prime rate and the 12% is even less than the normal 65% of the prime rate, so it is well within the average. Mr. Khtaian said he hoped the City would not have to renew this.warrant more than.once more because the law- suit which made it necessary in the beginning would come to trial on March 16th. There followed general discussion of the lawsuit, the possible out- come, the future actions of the other purchaser .in the urban renewal area who will then be able to follow up on his purchase agreement, etc. Mr. Mansfield read, by title, a resolution authorizing the issuance of the interest-bearing warrant on the general fund as requested. Motion by Mr. Cleland, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 652. Vote: Ayes -=Kiel, Moore, Rock, Kribs, Separovich, Cleland. Motion carried. Mr. Olander commented that several cities have a comprehensive street cut ordinance and he believed it would be something the Council may wish to look at in the future. He also reminded the Council that the Convention Center Study Committee would be presenting their report at the next Council study session. Mr. Separovich then asked the Council to remain for a short executive session to discuss.personnel matters. There being no further business to come before the Council, meeting adjourned at 9:50 p.m. Ida Rolph, Execut ve Secretary March 2, 1981 M... . Tem . 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, Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel that the minutes of the previous meeting held on February 16, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE Manager Olander read a letter directed to the Council from the Chamber of Commerce indicating they wished to present $78.00 they had in the Ray Auld Memorial Fund to the City to use some way in the Parks Dept. He also read.a letter directed to the Council from Tim and Connie Walters concerning the parking of vehicles on the bicycle path in front of Steinman's Grocery on 12th Street, and expressing their concern about the dangerous situation. Mr. Olander said this matter had been brought up to the Traffic Safety Committee and the City had put out some barriers to stop the illegal parking practice. Mr. Olander then read a letter from Shirley Jevons to the Council in which she commended the Anacortes Police Department on their program on Rape Awareness. Numerous letters had been received concerning the issue of the proposed RM zone changes and Mr. Olander gave copies of them to the Council to view at their leisure. 1 1 1 March 2, 1981 - - - - - -continued: Mayor Figenshow then acknowledged the presence of Brownie Troop No. 954 and read a Proclamation naming March 8th to March 14th as Girl Scout Week and calling upon the citizens of Anacortes to give continued support, interest and cooperation to that organization. Motion by Mr. Separovich, seconded by Mr. Kiel, that the Council ratify the Proclamation. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Rock. Motion carried. There was no response to the Mayor's invitation to speak on any item not on the agenda. OLD BUSINESS - PROPOSED RM ZONE CHANGE Mayor Figenshow said he wished to make some comments concerning this matter and stated, as he saw it, the Council had three options. (1) they could vote on the proposed ordinance which proposed allowing triplexes and fourplexes in an RM zone only by conditional use permit; (2) they could schedule another public hearing and accept additional testimony; (3) they could leave the ordinance as it is and immediately take steps for in depth review of the City's Comprehensive Plan and Zoning Ordinance. City Attorney Mansfield advised the Council they would have to hold additional public hearings if they wished more in -put from the public. It was Mr. Figenshow's recommendation that the Council delay action until the Comprehensive Plan has been reviewed. There followed discussion about how long a review would take (approximately 6 months); and the proper procedure to follow. From the audience, Mr. Dildine suggested that if they wished additional in -put, it should be done before school is out and everyone goes on.vacation. Councilwoman Kribs said it bothered her that if the Council took no action, triplexes or fourplexes could be built in the interim without any opposition. She felt the ordinance should be acted upon as a protective measure. Mr. Moore -agreed with her and said that if the ordin- ance was passed, the Council could then form the committees to immediately study the Comprehensive Plan. Mr. Cleland did not agree stating he felt that there should be some areas where multi -family hoursing could be built and if the ordinance were passed, it might be hard to get some areas back. Mr. Rock said he would like to see a study started right away and did not believe there would be any great influx of people right away. Mr. Cleland then moved that as soon as possible, the Council proceed to re- examine the current zoning regulations and up -date the Comprehensive Plan and then take action as soon as this has been completed. Seconded by Mr. Rock. Under the discussion, Mr. Kiel questioned whether or not some kind of deadline should not be set inasmuch as it seemed to him that after the public hearings already held, the matter was weighted towards single family, but since then, there is another strong interest the other direction, so the matter is a "push". Mr. Figenshow said the length of time would depend on how hard the City worked at it. Mr. Moore said it bothered him that the.whole Comprehensive Plan would be opened up and he didn't want to see a dozen mistakes made by speeding through a review. Mr. Olander asked if the Council was dissatisfied with the whole plan and said he didn't think they were; that the immediate problems revolved around the zoning and suggested that in an attempt to limit the time it would take, perhaps just the residential part of the Comprehensive Plan could be examined. Mr. Cleland said that was not the intent of his motion. Mr. Figenshow called for the vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Rock. No --Moore, Kribs. Motion carried. Mr. Vernon Lewis, from the audience, expressed his displeasure at the actions of the Council and Mr. Separovich responded by stating he felt the Council needed additional testimony, while Mr. Moore said he agreed with the residents. SYSTEMS DEVELOPMENT CHARGES ORDINANCE Manager Olander reminded the Council that at the last meeting, the Council instructed that they wished all Council members present before voting on this proposed ordinance which would impose a 1% fee on the value of all new construction in the City. All members of the Council being present, City Attorney Mansfield read, by title, the proposed ordinance. Mrs. Kribs asked that the matter be tabled until her committee could study the com- plete ordinance in detail and bring it back to the Council at their meeting of April 6, 1981. Mr. Separovich so moved and Mr. Rock seconded the motion. Under the question, Mr. Cleland asked why it had to go back to her committee when the Council had already reviewed the proposed ordinance and were aware of its contents. Mrs. Kribs said she did not think the committee had read the complete ordinance. Vote: Ayes --Rock, Kribs, Separovich. No--Figenshow, Cleland, Kiel, Moore. Motion failed. Mr. Moore then moved that the whole item be tabled for at least six months. Seconded by Mr. Kiel. Mr. Moore said he wished to speak on his motion and said he felt that the Council had already spent a lot of time and effort considering the ordinance, but because of the present state of the economy, it should not be acted upon at this time: Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. 11� March 2, 1981 - - - - - - -continued: NEW BUSINESS - PUBLIC HEARING - PROPOSED PLAT OF HILLTOP SUBDIVISION Mr. Figenshow briefly described the procedure and declared a public hearing to be open to consider the proposed plat of Hilltop Subdivision which is generally located off Anacopper Road north of the Anacortes airport. Mr. Kinzel, Com- munity Development Director, reviewed the proposed plat stating it contained 36 lots and conformed to the City's subdivision code. The Plat had been reviewed by the Planning Commission and staff whorecommended approval with certain recommendations. These were: (1)40 feet of right-of-way for Anacopper Mine Road be provided; (2) park land be dedicated to the City amounting to 10% of the sub- division; (3) delineate avigation easements, which are existing, on the prelim- inary.plat; (4) a statement appear on the final plat relative to non -litigation due to the proximity of the airport; (5) no access directly to Burrows Bay Road or Anacopper Mine Road from any of the lots; (6) erosion control measures taken during construction; (7) a computer run made to determine line size for water and water shall not be taken from Oakes Avenue/Burrows Bay source; (8) provide sewer pumping station according to City specifications; (9) storm drainage in the subdivision via enclosed system and then to open ditches at the.perimeter of the project with a 20 -foot easement betweeen lots 7 and 8 for the enclosed storm drain; (10) provide either lieu payments or parkland to comply with the 10% subdivision requirement; (11) a 60 -foot right-of-way provided for future development of Anacopper Road with ultimate 40 -foot paving; the applicant responsible for paving to the centerline of said road with barrier curb and gutter and 5 -foot sidewalk along the Road. All sidewalks in the plat to be 4 feet wide, both sides of the proposed streets. (12) applicant provide all traffic control signs. Mr. Kinzel showed a view foil of the proposed plat and there followed . considerable discussion of each of the recommended requirements listed above. Mr. Robert Powell, representing the applicant Buehl Berentson, addressed the Council and explained in more detail his client's proposals, the drainage situation and the proposed solution, that they would be willing to work with the City staff in determining which lots would be best for park land, etc. The Council asked questions about the street lighting, etc. From the audience, Dick Dildine, 1211 6th, said he felt.the public would be more interested in the general thrust of the development rather than the engineering problems and since the location was close to the runway of the airport, there probably would be some questions about that; but he thought the Council should require that the developer should have one street through the development that would connect and make natural access to Sky- line rather than ending in a bottleneck. This would be easy access from the west to downtown in the event 12th Street or Oakes Avenue should become blocked. He said he believed the design should be looked at more carefully. Mr. Moore said his points were well taken. Mr. Ford said the developer has originally proposed a road through, but it would come out onto Oakes Avenue on a curve where the speed was 40 MPH and the staff felt this would be more dangerous than to just end it within the develop- ment. Terry Myers, 2310 Baron Place, addressed the Council and said he felt there would be no problems arise if it is allowed to become a bottle- neck. Mr. Jay Hughes said he had contacted several property owners on Anacopper Mine Road and they had agreed to trade land for right-of-way with the City for the same amount of property on.Ohio Street. Public Works Director, Dave Ford, said that all alternatives on the road right- of-way would be studied. Mr. Powell again addressed the Council and said he felt exits to West 3rd or 4th Streets from the project would accomplish.nothing, it would load the residential streets with arterial traffic and send it right back to Oakes Avenue; that this had been discussed with City staff back in October and it was determined at that time that Mr. Dildine's idea was not workable. Mr. Dildine countered by saying he had aerial photo- graphs which showed that West 3rd could be connected to the perimeter road of Clearidge - he was not talking about Oakes Avenue. Mr. Figenshow then suggested the public hearing be continued to the next regular meeting of the Council and invited Mr. Dildine to bring his pictures. There was more discussion of the additional land necessary to bring Anacopper Mine Road up to standard and Mr. Cleland asked about the safety of not widening the lower part of Anacopper Mine Road. March 2 - - - - - - - - - - - -continued: Mr. Ford said he didn't think it would be unsafe, but would have to research the police records and would bring the accident information to the next meeting. Mr. Myers asked if individual property owners would be notified about the next public hearing and he was advised it would only be published. Mr. Olander then recapped the items to be brought as information to the next meeting and the public hearing was continued to the meeting of March 16, 1981. Mr. Rock then moved that the guns be declared surplus and bids called for through regular channels. Seconded by Mr. Separovich. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. Mr. Mansfield then read a proposed resolution authorizing the transactions as described in the foregoing two motions. Motion by Mr. Rock that the resolution, as read, be adopted and given RESOLUTION NO. 653. Seconded by Mrs. Kribs. Vote: Ayes--Separovich, Kiel, Rock, Kribs. No--Figenshow, Cleland, Moore. Motion carried. AUTHORIZATION TO EXECUTE LEASE ON DEPOT BUILDING City Manager Olander said the lease with the Anacortes Arts and Crafts Foundation had been drawn to everyone's satisfaction. Mr. Mansfield then read, by title, a resolution authorizing the City Manager and the City Clerk to execute the lease and use agreement between the City and the Arts and Crafts Foundation on the depot building. Motion by Mr. Rock, seconded by Mrs. Kribs that the resolution be adopted and given RESOLUTION NO. 654 . Vote: Ayes--Kribs, Figenshow, Cleland, Kiel, Moore, Rock. Mr. Separovich abstained. Motion carried. APPOINTMENT TO BOARD OF ADJUSTMENT The position .held by George Mehler on the Board of Adjustment expired in July of 1980 and was overlooked. Mr. Mehler has been serving since that time and has indicated his desire to continue on the Board. Mayor Figenshow said he had not had any other applicants for the position. Motion by Mr. Moore, seconded by Mr. Kiel, that Mr. Mehler be re -appointed as a member of the Board of Adjustment. Vote: Ayes --Kiel, Moore; Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. REQUEST FOR AUTHORITY TO TRADE SURPLUS PROPERTY .Police Chief, Tony Lippe, reviewed his informational memorandum to the Council in which he informed them that the Police Department had accumulated a variety of old guns that have become worn and unsafe for use. Because the Department is in need of new shotguns, he had requested money in the budget to purchase them, but due to lack of funds the request had been denied. In order to find other means of procurement, he had contacted gun dealers in the area and had received offers from two. Thrifty Drugs was the better and they offered to supply the Police Department with 7 new Mossberg shotguns, 2 shotgun cases and 1 case of shotgun shells in exchange for the old weapons of the police department. Mr. Lippe said the value of the new weapons would be approximately $1,800 and would involve no cash outlay.by the City. He also stated the State Auditor's office had approved the transaction. Mr. Lippe further requested permission to trade a 1977 Chevrolet police car with 98,000 miles on it for a practically new Bell and Howell Ringmaster Sound Slide Projector valued at over $400.00. The vehicle in question is slated for disposal and was valued .at between $250 and $300 according to bids received from Frontier Ford and Trulson Motors. Mr. Lippe pointed out that the projector was worth considerably more than the vehicle and was badly needed by the department. There followed considerable discussion about the advisability of trading the equipment instead of putting it up for bid as surplus property. Manager Olander advised the Council that he had instructed all department heads to watch all expenditures very carefully 'and not buy anything that was absolutely not necessary; to find other means of acquiring equipment, if necessary.. It was his opinion that Mr. Lippe .was following this directive and was being creative in trying to acquire the equipment needed. Mrs. Kribs also said she believed the idea was a good one and that Mr. Lippe's presentation was acceptable. After more discussion, Mrs. Kribs moved that the Police Chief be authorized to trade the 1977 Chevrolet vehicle described for the projector as described. Seconded by Mr. Rock. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Kiel. No --Moore, Cleland.. Motion carried. Mr. Rock then moved that the guns be declared surplus and bids called for through regular channels. Seconded by Mr. Separovich. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. Mr. Mansfield then read a proposed resolution authorizing the transactions as described in the foregoing two motions. Motion by Mr. Rock that the resolution, as read, be adopted and given RESOLUTION NO. 653. Seconded by Mrs. Kribs. Vote: Ayes--Separovich, Kiel, Rock, Kribs. No--Figenshow, Cleland, Moore. Motion carried. AUTHORIZATION TO EXECUTE LEASE ON DEPOT BUILDING City Manager Olander said the lease with the Anacortes Arts and Crafts Foundation had been drawn to everyone's satisfaction. Mr. Mansfield then read, by title, a resolution authorizing the City Manager and the City Clerk to execute the lease and use agreement between the City and the Arts and Crafts Foundation on the depot building. Motion by Mr. Rock, seconded by Mrs. Kribs that the resolution be adopted and given RESOLUTION NO. 654 . Vote: Ayes--Kribs, Figenshow, Cleland, Kiel, Moore, Rock. Mr. Separovich abstained. Motion carried. APPOINTMENT TO BOARD OF ADJUSTMENT The position .held by George Mehler on the Board of Adjustment expired in July of 1980 and was overlooked. Mr. Mehler has been serving since that time and has indicated his desire to continue on the Board. Mayor Figenshow said he had not had any other applicants for the position. Motion by Mr. Moore, seconded by Mr. Kiel, that Mr. Mehler be re -appointed as a member of the Board of Adjustment. Vote: Ayes --Kiel, Moore; Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. ll1► March 2, 1981 - - - - - - -continued: Vacancy on Community Center Board of Governors The position of Girt Rekevics expired on December 13, 1980. The Council will accept applications for serving in this capacity. COUNCIL SUPPORT OF PORT OF ANACORTES'APPLICATION FOR LOAN To show the citizen's and Council's support of the efforts of the Port of Anacortes to expand, modernize and upgrade the Cap .Sante Boat Basin, Attorney Mansfield read, by title, a proposed Resolution supporting the Port in their application for a loan through the Coastal Energy Impact Program in the amount of five million dollars. The Port has received all environmental, technical and financial clearances for the loan and project, bu the Office of Management and Budget has placed a hold on any CZM loan projects. Motion by Mr. Separovich, seconded by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 655. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. There being no further business to come before the Council, meeting adjourned at 10:15 p.m. Ida Rolph, Execu ivl Secretary March 16, 1981 7K.-SS..'Fi e ow, Mayor Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Invocation was given by Reverend Steve Watt from the Four -Square Gospel 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. Kiel, seconded by Mr. Rock, that the minutes of the previous meeting held on March 2, 1981 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 Margaret J. Murphy regarding City public notices. She pointed out that many times the location of the subject of the notice is given only by legal description and the public cannot determine even the general location. She suggested that all public notices give a general location as well as the legal description when called for. Mr. Olander agreed and stated that the City would endeavor to include the descriptions as suggested in the future. CITIZEN HEARINGS Mayor Figenshow invited anyone from the audience to speak on any item not on the agenda and Mr: James Joh, 618 Hillcrest Drive, add- ressed the Council. He presented a protest on behalf of the property owners around the 600 block on Longview Street to the construction of a proposed condominium at that site; requested that a building permit not be issued and requested a hearing on the protest. Mr. Joy was advised by the City Attorney and Council that the City has no way of preventing the proposed construction if the zoning is correct. Councilwoman Kribs sympathized with the property owners and said this was a prime example of her objection to the Council not acting on the proposed amendments to uses in the RM zone of the City which was recommended recently by the Planning Commission. Dick Dildine, 1211 6th, was recognized and asked about the allowable density and parking requirements for multi -family dwellings. Mr. Kinzel replied that the RM zone allows 9 units per gross acre and the parking must be 12 stalls per unit. There is also a height restriction of 35 feet. Mr. Dildine then recited the criteria which would constitute illegal changes in a zone and pointed out that the recommended changes for the RM zone did not include any of the criteria. In his opinion, it would have been strictly legal to make the changes. Mr. Mansfield agreed that it would have been legal to make the proposed changes had the Council wished to do so. Mr. Moore commented' that he felt the Council took into consideration that there was a legal question in deliberating the changes. Bill Pontius, 1207 32nd Street, addressed the Council and said he was wonder- ing about whether or not it was planned to open an alley right-of-way for access as a result of construction of several apartments between 32nd and 1 1 1 March 16, 1981 - - - - -continued: 4.17 33rd Streets near his property. Public Works Director, Dave Ford, said he understood that at present only one building was proposed to be constructed and that at present there are no plans to have th alley opened. If the City learns of any such plans, it will promptly notify Mr. Pontius. At this point, Councilman Moore said he wished to make a comment -about the ordinance which had been proposed to change the usage in the RM zone. It was his opinion that the Council allowed the ordinance to be pre-empted; that the procedure should have been,after all the work and time that is given to drawing a proposed ordinance, that the Council .should have acted upon the ordinance one way or the other and not pre-empt it. Then, if it were not passed, to go ahead and request the additional work if desired. Councilman Kiel said he felt that some of the confusion which resulted over this proposed ordinance was due to the "open -meeting" law and that the Council has in no way made any decisions previous to the meeting; their deliberations are at the time of the meeting, so it is not known what will happen. Mr. Moore reiterated that he felt the ordinance should have been heard and voted on; that the Council skipped that step. Mrs. Elizabeth Yates, 606 Longview, asked the Council if they used Robert's Rules of Order for their meetings and was advised that they did. She stated she felt the Council had not acted properly and agreed with Mr. Moore's interpretation. Mr. Kiel saidthat between the time the Council directed the ordinance to be drawn .up and the time it was to be presented for consideration, there appeared to be a change in the Council's opinion and they decided it would not be proper to take action either way due to the strong differences between the two sides of the matter; that he felt the Council acted in a responsible way trying to be fair to both sides. Mr. Joy said he did not agree. Council then decided, informally, that this matter should be continued to the next regular meeting of the Council on April 6, 1981 and requested staff furnish some maps indicating the different possibilities of a through -road and that the developer and the Port get together on the additions to the aviation easement. There was additional discussion of what could happen to,other pieces of property in the RM zone during the Comprehensive Plan/Zoning Ordinance review and.the Council assured the property owners that during the review process, block by block would be looked at in an orderly fashion. This would be done as soon as the necessary committees can be formed. OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON HILLTOP SUBDIVISION Mayor Figenshow then declared a public hearing to be open to continue considerations of the proposed plat of Hilltop which is generally located off Anacopper Road north of the Anacortes airport. Community Development Director, Ken Kinzel, reviewed the presentation of the proposed subdivision stating it was divided into 36 lots and indicated on a view foil the proposed streets, etc. He then turned the floor over to the Public Works Director, Dave Ford, who stated that staff had endeavored to secure the additional information requested by the Council at the beginning of the public.hearing on March 2nd.. There followed a lengthy and detailed discussion concerning (1) the alter- natives pertaining to the requirement of 10% of the subdivision land being dedicated as park land or cash payment in lieu thereof; (2) the storm sewer system proposed and its efficiency; (3) the possibility of a street passing through the subdivision which would, in effect, provide another access to the west end of the City besides Oakes Avenue. There was also discussion of the value of the land, the number of dwellings possible in the plat, etc. Mr, Dick Dildine showed some aerial photographs which,according to him, indicated it was possible to have access to the west end around the north end of the airport. There were many different opinions about this possibility both pro and con and the engineering staff indicated the obstacles, private property, etc. which would have to be solved. Information was furnished by Mr. Bob Powell, Surveyor representing Mr. Berentson, the developer; Mr. Berentson himself, and others from the audience. There was also discussion about the possible noise problem due to the close proximity of the airport and the importance of additional language in the existing aviation easement with the Port of Anacortes. The possibility of a perimeter roadway around the airport was discussed; whether the City wished an arterial street or an emergency access street. The matter of the improvement of Anacopper Road between Oakes Avenue and the Berentson property was discussed. Mr. Berentson felt the ideal solution would be a LID to have it improved properly stating he would pay his share. Council then decided, informally, that this matter should be continued to the next regular meeting of the Council on April 6, 1981 and requested staff furnish some maps indicating the different possibilities of a through -road and that the developer and the Port get together on the additions to the aviation easement. 11� March 16, 1981 - - - - - -continued: Mayor Figenshow declared a 5 -minute recess at 10:00 p.m. and reconvened the meeting at 10:05 p.m. Mayor Figenshow degressed from the order of the agenda and asked to hear the item of the PROPERTY DAMAGE CLAIM OF ESTHER THOMAS. Attorney Mansfield said that Mrs. Thomas had filed a claim in April of 1980 for costs of sewer repairs when the sewer backed up. Mrs. Thomas had Ray Jones excavate some 12 to 14 feet to unplug the line and Mr. Jones advised Mrs. Thomas that the problem was the City "Y" on the City main being plugged. When the claim was first presented, the City sent it to the City's insurance carrier who denied the claim, but failed to so notify Mrs. Thomas. The denial was based on the City's contention that the blockage was not in the City's main line, but in a side service belonging to Mrs. Thomas and it is City policy that the City maintains only the main line and any blockage in any part of the side service from the "Y" to the property and the property owner's house is the respon- sibility of the property owner. Mr. Figenshow stated it was his knowledge that this has..been the City's.policy for the past 35 years. Mrs. Thomas addressed the Council and denied that the stoppage was on her side; that it was caused by a Madrona tree on City right-of-way and that Mr. Jones had advised her the plug was at the City "Y". She also.referred to a similar claim of a "Mr. Christensen" whose claim had been paid. Council, after some deliberation, suggested that the staff investigate into the alleged payment of the claim of Mr. Christensen and bring whatever information could be gathered to the next meeting so they could make a decision. PARKING LOT LANDSCAPING ORDINANCE Mr. Kinzel reviewed the work done over the past several weeks in preparing the proposed ordinance to provide require- ments for certain off-street parking areas. The Council has reviewed all the sections of this ordinance which list in detail the landscaping requirements and standards as they pertain to parking areas. Attorney Mansfield then read, by title, the proposed ordinance. Motion by Mr. Cleland, seconded by Mr. Rock, that the ordinance be passed and approved and given ORDINANCE NO. 1849. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. NEW BUSINESS -PUBLIC HEARING ON AMENDMENTS TO.SHORELINE MASTER PLAN Mayor Figenshow declared a public hearing to be open to consider amending the Anacortes Shoreline Master Plan as it perta-ns to the shoreline area of the newly annexed Weaverling Spit area. Mr. Kinzel advised the Council that the State law requires that amendment of the Shoreline Master Plan must be by separate action; that the Planning Commission had held public hearings on the proposition that the shoreline of the newly annexted Weaverling Spit be designated Urban II to•conform with the Commercial Marine zone placed on the annexed area. Mr. Kinzel pointed out that all other Commercial Marine zones have shorelines designated as Urban II and stated it was staff's recommendation that the annexed area be designated as Urban II. Council held a brief discussion and Mayor Figenshow declared the public hearing to be closed. Attorney Mansfield then read, by title, an ordinance amending the Shoreline Master Plan to show the annexed shoreline as Urban II and so indicating on the Shoreline Area Designation Map. Motion by Mr. Kiel, seconded by Mr. Separovich that the Ordinance be passed and approved and given ORDINANCE NO. 1850. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. AWARD OF BID ON TRUCKS Mr. Ford reviewed the bids received by the City in response to a call for one 1 -ton truck and one 1/2 -ton truck. The 1 -ton flat bed truck is for the wastewater treatment plant and the 1/2 -ton for the water treatment plant.. Mr. Ford pointed out that the Council had been informed in detail of the circumstances necessitating the purchase of these vehicles. The bids on the 1/2 -ton pickup ranged from a low of $6,925.69 to a high of $7,434.92, including tax. The bids on the one -ton truck ranged from a low of $10,097.22 to a high of $12,158.28. It was staff's recom- mendation that the low bid of $6,925.69 from John Henken Chevrolet of Arlington, Washington on the 1/2 -ton pickup truck be accepted. Also, that the bid of Hinton Oldsmobile -GMC Truck of Mt. Vernon in the amount of $10,097.22 for the one ton truck complete with flatbed be accepted. After a brief discussion, motion by Mr. Moore, seconded by Mr. Kiel, that the bids be accepted and purchase authorized as recommended. Vote: Ayes -- Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Carried. CONTRACT WITH SKAGIT COUNTY ON DISPOSAL OF SOLID WASTE Mr. Ford reviewed the circumstances surrounding this year's contract between the City and Skagit County for dumping of the City's garbage at the County's Inman Pit site. He briefly reviewed the information given by memorandum to the Council March 16, 1981 - - - - continued: which included the increases in operating costs and rate per capita charges for dumping, the proposed change to a tonnage rate by installing scales, the requirements of the Department of Ecology for monitoring the fill, and described the City's share of the capital improvement proposals which is in excess of the normal yearly rate for dumping. He recommended that the proposed contract be approved stating that the City had the money in the budget for this expense. Mr. Mansfield then read a resolution, by title, authorizing execution of the contract with Skagit County as described. Motion by Mr. Separovich, seconded by Mr. Rock, that the City enter into the contract with Skagit County, that the resolution be adopted and given RESOLUTION NO. 656. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. REVIEW OF COMPREHENSIVE PLAN/ZONING CODE Manager Olander said the outline for the proposed study and review of the Comprehensive Plan and Zoning Code follows the same format as the original plan and in announcing the various committees needed for the project, would ask that the press publicize them so the City could start getting a roster of people interested in serving on the various committees. He suggested, however, that since this is a review perhaps the size of the committees could be smaller and the time frame tightened up. Attorney Mansfield gave a brief report on the progress of the trial (which started March 16th) on the disputed parcel of property in the urban renewal area. Councilman Separovich asked what was being done about the ditches along West 6th Street and was advised by Mr. Ford that a letter had been sent to the property owners in the area stating that the ditches were necessary to take care of the storm water in the area; that if the residents were interest- ed in closing the ditches, the City would assist in putting together a large scale LID. There being no further business to come before the Council, meeting adjourned at 10:45 p.m. A/ Ida Rolph, Execu ive/Secretary K. S. FigAow, Mayor April 6, 1981 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, and Charles Kiel. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel, that the minutes of the previous meeting held on March 16, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. CORRESPONDENCE There was no correspondence to be heard by the Council. CITIZEN HEARINGS In response to the Mayor's invitation to anyone in the audience to speak on any item not on the agenda, Mr. Vito Ruzich, 3319 West Third, addressed the Council and asked for the status of the possibilities of launching facilities in the urban renewal area. He pointed out that approximately two years ago, a Council committee was appointed to look into the matter, but apparently nothing had been done. Mr. Ruzich was informed that as a result of the court's ruling in the lawsuit concerning land in the urban renewal area, the City is obliged to wait another 6 months to see if the developer (Mr. Heath) .complies with the court's directions; if he does not, the land will revert back to the City and then the City will be able to make a decision about what is to be done with the land. There was also discussion of the second developer in the case,who also has a parcel of property on ,which he has indicated a lumber mill will be built. Manager Olander informed Mr. Ruzich that this developer (Mr. Gregory) has indicated he wishes to -proceed this summer with the lumber mill. Mr. Ruzich expressed his dissatisfaction.stating he felt the City had not treated all the develop- ers in the area alike and had made allowances for some that had not been made for others. He then passed out a letter voicing his opinions to each of the Council members. At this point, Councilman Moore entered the meeting. 420 April 6, 1981 - - - - - - -continued: Mr. Separovich stated that the committee referred to by Mr. Ruzich had not been able to do anything while the lawsuit was being resolved; that the committee had been charged with determining whether or not there would be possible access to the waterfront for boat launching. Mr. Ruzich reiterated that when the properties were sold in the urban renewal area, there was sup- posed to be an open berthing area, but it appeared that the City contracted to sell all the land and none was left for access to the berthing area. Council assured Mr. Ruzich the committee would be meeting during the interim 6 month period and would endeavor to be ready.to proceed with whatever decision is made by October 1st if the City gets the land back. OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON.PROPOSED HILLTOP SUBDIVISION Mayor Figenshow declared the public hearing open and Public Works Director, Ford, reviewed the subject preliminary plat as proposed by Mr. Buehl Berentson. Mr. Ford stated that at the last public hearing session, the Council requested staff furnish maps and proposals of different possibilities of a through - road; the approximate costs of securing the additional property necessary, etc. as well as the matter of additional right-of-way for Anacopper Mine Road. Mr. Ford then presented the staff's findings as follows: acquiring additional right-of-way for Anacopper Mine Road would be easier and less expensive if the right-of-way were acquired on the west side of the existing roadway. The Planning Commission's opinion was that properties on both sides of the road- way would benefit and, therefore, should participate to some degree in providing the necessary right-of-way for the road. Regarding the. required 10% of the land area for park land, it would amount to some 32,000 (+-) square feet which the City would have to garde, seed, develop and care for. If cash -in -lieu therefor were accepted by the City, it would amount to approximately $6,500 which could be used to develop a playground nearby, possibly in Clearidge. Staff felt the storm .sewer system proposed by the developer would be adequate. Mr. Ford then presented the results of staff's efforts to comply with Council's directive concerning a possible access route to the west end of the City through the proposed plat. Council had been given a map on which the different routes had been drawn and Mr. Ford advised that approximate costs for right-of-way acquisition as follows: the West 4th Street route would require $76,054; the West 3rd Street route would require $67,655; the West 2nd Street route would cost $86,284; for a road through Hilltop just to Clearidge would cost approx- imately $26,140. After additional discussion of these possibilities and also about Anacopper Mine Road as well as the aviation easement agreement with the Port of Anacortes, Mr. Ford recommended, if Council approves, acceptance of cash in lieu of acquisition of park land; acceptance of the storm sewer system as proposed and acceptance of the 40 feet of right-of-way from the subdivision and then picking up between 5 and 13 feet between West 2nd and West 6th by trade or outright purchase. There followed additional detailed discussion of the possible access roads, their advantages and disadvantages; acquisition of the necessary right-of-way from property owners and the Port of Anacortes, etc. From the audience, Mr. Dick Dildine, 1211 6th, addressed the Council and brought up the Port's proposed development at Ship's Harb-r stating it surely would generate greater traffic and so the Port should also be interested in another through roadway. He also said it should be the obligation of the developer to provide arterial streets to relieve the traffic already carried by existing arterials. Mr. Pres Holton expressed his opinion that all new streets should be wide enough to be safe and that better routes should be developed; it was his view that the City has enough property and land to be in a good "trading" position to acquire the necessary right-of-ways. Mr. Buehl Berentson, 3307 "H" Avenue, then addressed the Council and stated as follows: It appeared there were several unanswered questions - the Council had not decided whether they wanted an access road or an arterial road through the subdivision; where the road should be; the question of urgency for the through road; the question of acquisition of right-of-way who should be paid and how much for the right-of-way; if property owners outside of the Hilltop division should be compensated for existing plat or improvement of their properties; the matter of perhaps it taking a year or two with the FAA and the Port to settle whether the route could come across the north end of their property; the matter of possibly putting cash into escrow to pay for that part of Airport Road at such time as it is re- constructed, (the idea of suspending contruction until it could all be done at once was acceptable, but tieing up the money at today's interest rates was not acceptable - however, he would be amenable to an agreement to pay 121 April 6, 1981 - - - - -sontinued: his share of the costs when it was done); taking into consideration the time it possibly would take to secure the necessary rights-of-way from the private property owners, etc., and listening to testimony of interested persons over the past several weeks of the public hearing - had changed his mind and he said he thought maybe much more traffic will be generated by the proposal for development of the Ship's Harbor area (by L.E.D. Inc.) and the proposed convention center - which also could be in the L.E.D. location; and that it appears there will be Commercial Marine zoning all the way to Airport Way extended down to the bay; and if this is to material- ize, it probably would increase the ferry traffic also; it looks as though a major arterial is necessary from the vicinity of Ships Harbor, Skyline, Clearidge and on through to the south - thus, in view of all these things, perhaps the best for all interests would be to propose to give an arterial - width right-of-way all along the south border of the proposed Hilltop Plat assuming that the Port would be willing, later on, to pick up from there and to on to Clearidge or whatever point they wanted to go -- and, inasmuch as the Port is zoned Light Manufacturing and inasmuch as L.E.D. is proposing to ask for Commercial Marine zoning over to Airport Road extended down to the waterfront, it appeared to Mr. Berentson that Light Manufacturing would be supplementary, complimentary to the Port's growth; that it could accomo- date the L.E.D. proposal, recreational/tourist, marine, convention center possibility and it would solve the arterial problem, (which he believes is the real concern of the Council and everyone else) and would be a good, wide thoroughfare through Hilltop. Mr. Berentson said he had discussed the matter with one of the Port Commissioners that afternoon and the Commissioner had said he would be supportive to the property becoming Light Manufacturing zoned. Therefore, Mr. Berentson concluded, he thereby withdrew his petition for approval of the subdivision of Hilltop and would, the next day, present a petition for rezone of the property to Light Manufacturing. From the audience, Mr. Francis Orr of 1617 32nd Street, addressed the Council and stated it was still very difficult to hear and understand what the Council was saying and suggested they remember to use their microphones. He then asked whether the proposed extension of Anacopper Road would tie in with.the proposed 32nd Street extension. Mr. Ford advised him the 32nd Street project is not being considered at the present time. Councilman Kiel commented that Mr. Berentson had made some provocative state- ments concerning the future growth of the area and that he would like to have the subject put on the agenda of a study session in the near future. THOMAS PROPERTY DAMAGE CLAIM City Attorney Mansfield advised that pursuant to Council instructions, he had investigated the allegation that the City had repaired and maintained a sewer line owned by Harry Christianson. He learned that the City did not assume any responsibility for repairs to the side sewer line, but only maintained the City's line. Mrs. Thomas is asking for reim- bursement fo costs expended for maintenance to the side sewer itself. The City's insurance company has denied Mrs. Thomas' claim, so if the City paid it, the City could not be reimbursed by the insurance company. If the City denies the claim, Mrs. Thomas has the right to sue and, should she win her case, then the insurance company would be obligated to pay the claim. He recommended denial. Motion by Mr. Kiel, seconded.by Mr. Rock, that the claim be denied. Vote: Ayes--Kribs, figenshow, Cleland, Kiel, Moore, Rock. No--Separovich. Motion carried. Mr. Separovich asked that the City Attorney advise Mrs. Thomas of her alternatives to endeavor collection. DRAINAGE IN AREA OF WEST 5TH STREET On February 12, 1981, petition was sub- mitted to City asking that the City place culvert in a ditch in the 500 block of Kansas Avenue because it was dangerous for children. Council discussed the matter at a study session on March 23rd, 1981 and directed staff to complete cleanup work which had been left undone because of the petition. Council also directed staff to investigate alternatives for drainage in the area and report back. Mr. Ford reported that the cleanup wo-rk had, so far, been practically completed and.then described the drainage flow in the area and suggested (1) that present drainage be left as it is and reslope the ditch along West 6th east of Kansas Avenue (2) install culvert pipe on the west side of Kansas between West 5th and West 6th with the City paying the cost; (3) routing water accumulated on West 6th and Kansas eas to Illinois along West 6th. However, there is a rock outcropping on Illinois and.West 6th and the slope rises toward the east - this alternative was not recommended; (4) initiate an LID throughout the total drainage basin; however, a large portion of the area is not presently developed, and this alternative was not recommended. April 6, 1981 - - - - -continued: It was pointed out that Council should keep in mind that if the City goes ahead and does the work even with the property owners buying the materials, there probably would be the same requests from other areas in the City. Mr. Figenshow suggested that possibly the property owners could pay for a least half of the cost of the materials. From the audience, Anna Dunn who lives on West 5th at the corner of Kansas, addressed the Council stating as a new home owner, she does not have the funds to pay for even one-half of the material for such a project. There was additional discussion of the present condition of the ditches, the worst area (210 feet on Kansas Street) and other areas needing attention. Motion by Mr. Kiel that the City go to the expense of placing a culvert be- tween West 5th and 6th on Kansas Street. Seconded by Mr. Rock. Under the question, Mr. Berentson expressed his displeasure at (.according to Mr. Berentson) beling singled out as the property owner who caused all the present drainage problems. He pointed out that there were other develop- ments above him, naming the Jones property, and that there was timber previously in areas where there are now houses; that no one developer could be blamed, but each, in.turn, contributed to the problem. Mr. Kiel said the intent of his motion was to solve the immediate dangerous situation, but the long term solution would be an LID. Vote: Ayes--Separovich, Figenshow, Kiel, Moore, Rock, Kribs. No --Cleland. Motion carried. NEW BUSINESS — RESOLUTION CONCERNING CONVENTION CENTER City Attorney, Stephen Mansfield, read a resolution, by title, authorizing a joint City/Port District Convention Center Steering Committee to coordinate community efforts to attract private development of a convention facility in Anacortes. Motion by Mr. Kiel, seconded.by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 657. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. APPOINTMENT TO COMMUNITY CENTER BOARD OF GOVERNORS Mayor Figenshow stated he had received no other applications for the position which was vacant on the Community Center Board of Governors and suggested Girst Rekevics be re- named to the position for an additional term. Steve Colby, Parks Director, advised the Council that the Board of Governors wished to have Mr. Rekevics continue on since this is the first term the board has-been in existence. Motion -by Mr. Kiel, seconded by Mr. Separovich, that Mr. Girst Rekevics be appointed for another term of the Community Center Board of Governors. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. PROCLAMATION - MEDICAL LABORATORY WEEK Mayor Figenshow read a Proclamation naming the week of April 12th through the 18th as Medical Laboratory Week. in Anacortes and urging the citizens to support and recognize the profession- al practitioners of the Medical Laboratory sciences for their service to the community. Motion by Mr. Cleland, seconded by Mr. Rock, that the Proclamation be approved by the City Council. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland,. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT In the absence of Mr. Kinzel, Mr. Olander presented a request from Mr. George Murray, 1206 11th Street, for a con- ditional use permit to use a private driveway in order to construct a single family residence. Mr. Murray has 2' acres of land between 39th and 40th Streets which has only a 20 -foot frontage on a.developed street - "H" Avenue. This 20 -foot wide strip extends approximately 90 feet_ to Mr. Murray's property. The code requires thirty feet of frontage on an improved public street for a single family residence, but states where 30 feet cannot be provided, a private road may be utilized. Mr. Olander showed a view foil of the location and advised that the Planning Commission had a public hear- ing on March 25, 1981 and there were no objections. The Planning Commission recommended the permit be granted.providing an all-weather surface, at least 12 feet wide, the full length of the access road be provided according to City Engineer's specifications. City staff reviewed the application and there were no objections. Staff recommends approval subject to (1) the solid waste pickup would be from "H" Avenue; (2) the 12 -foot all-weather surface be provided on the roadway as described.by the Planning Commission and (3) that all water meters be placed in "H" Avenue and the property owner be responsible for utilities from "H" Avenue to his residence. Mr. Murray addressed the Council and stated his property is already divided into two parcels and he wishes only to build a single family home on the front parcel. Motion by Mr. Rock, seconded by Mr. Separovich, that the conditional use.permit be granted with stipulations as recommended by staff. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. April 6, 1981 - - - - - - -Continued: AMENDMENT TO 1981 BUDGET Finance Director, George Khtaian, addressed the Council and explained the necessity of an amendment to the 1981 budget con- cerning the construction of the Washington Park pier project. The funds have already been approved for expenditure and the proposed ordinances sets up a separate construction fund to allow better visibility and control of expenditures and revenues of the project. Mr. Mansfield then read, by title, the proposed ordinance and Mr. Separovich moved the ordinance be passed and approved and given ORDINANCE NO. 1851. Seconded by Mr. Kiel. Vote: Ayes -- Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. 1 APPOINTMENT TO CONVENTION CENTER COMMITTEE Council was advised that Mr. Ron Four would no longer be able to serve on the Convention Center Committee. Mayor Figenshow recommended that Maureen Dickson be appointed to take his place. Motion by Mr. Separovich, seconded by Mr. Rock, that Maureen Dickson be appointed to the Convention Center Ad Hoc Committee. Vote: Ayes-- Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. COMPREHENSIVE PLAN REVIEW Council then was furnished with a proposed list of persons who have indicated their willingness to serve on the various commit- tees to review the City's Comprehensive Plan. Among themselves, the Council discussed which of them would serve on each of the different committees and it was decided that the official appointments would be made at the next Council meeting. Manager Olander reminded the Council of the second tour concerning the pro- posed Capital Inprovement Program on Wednesday, April 8, 1981, from 5:00 p.m. to 7:00 p.m. Councilman Moore asked about the status of the CETA employees and was advised that the City had received word that the program would cease as of April 17, 1981 and that the City CETA employees had been notified. The problems arising with the Library due to the loss of the CETA employees will be dis- cussed at the next Council study session. There being no further business at 9:55 p.m. Ida Rolph, Executiv' Secretary April 20, 1981 to come before the Council, meeting adjourned /CZ 'g�w4c K. S. Fige ho Mayor 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 and Kenneth Moore. MINUTES OF PREVIOUS MEETING Motion by Councilman Kiel, seconded by Mr. Rock, that the minutes of the previous meeting held on April 6, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE Manager Olander offered to reply to several letters received from property owners in the area.of West 3rd Street concerning the City's consideringtheir area for an arterial through -way to the west end of the City. The Council was furnished copies of all said letters. It was pointed out that there are no arterial streets in the area and there are no present plans to designate any streets as arterial. CITIZEN HEARINGS There was no response to the Mayor's invitation to speak on any item not on the agenda. OLD BUSINESS There was no old business to be considered by the Council. NEW BUSINESS 1981 WATER CONTRACT WITH OAK HARBOR Finance Director, George Khtaian, reviewed the changes in rates set forth in the new contract to supply water to the City of Oak Harbor resulting from increased costs of supplying AWARD OF BID ON 1981 4 -DOOR SEDAN the necessity of purchasing a new Public Works Director, Dave Ford, reviewed vehicle for the Public Works Director. Bids were requested from two local dealers and the cost also determined under the "State contract". Specifications were met by all three. The bids received were: Frontier Ford - $6,891.36; Trulson Motors - $7,553.86. The state contract would allow the purchase for $6,677.09. After a brief discussion, motion by Mr. Moore, seconded by Mr. Kiel, that the City accept the bid of Frontier Ford in Anacortes rather than purchase the car under the state contract. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. 1 APPOINTMENT TO CONVENTION CENTER COMMITTEE Council was advised that Mr. Ron Four would no longer be able to serve on the Convention Center Committee. Mayor Figenshow recommended that Maureen Dickson be appointed to take his place. Motion by Mr. Separovich, seconded by Mr. Rock, that Maureen Dickson be appointed to the Convention Center Ad Hoc Committee. Vote: Ayes-- Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. COMPREHENSIVE PLAN REVIEW Council then was furnished with a proposed list of persons who have indicated their willingness to serve on the various commit- tees to review the City's Comprehensive Plan. Among themselves, the Council discussed which of them would serve on each of the different committees and it was decided that the official appointments would be made at the next Council meeting. Manager Olander reminded the Council of the second tour concerning the pro- posed Capital Inprovement Program on Wednesday, April 8, 1981, from 5:00 p.m. to 7:00 p.m. Councilman Moore asked about the status of the CETA employees and was advised that the City had received word that the program would cease as of April 17, 1981 and that the City CETA employees had been notified. The problems arising with the Library due to the loss of the CETA employees will be dis- cussed at the next Council study session. There being no further business at 9:55 p.m. Ida Rolph, Executiv' Secretary April 20, 1981 to come before the Council, meeting adjourned /CZ 'g�w4c K. S. Fige ho Mayor 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 and Kenneth Moore. MINUTES OF PREVIOUS MEETING Motion by Councilman Kiel, seconded by Mr. Rock, that the minutes of the previous meeting held on April 6, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE Manager Olander offered to reply to several letters received from property owners in the area.of West 3rd Street concerning the City's consideringtheir area for an arterial through -way to the west end of the City. The Council was furnished copies of all said letters. It was pointed out that there are no arterial streets in the area and there are no present plans to designate any streets as arterial. CITIZEN HEARINGS There was no response to the Mayor's invitation to speak on any item not on the agenda. OLD BUSINESS There was no old business to be considered by the Council. NEW BUSINESS 1981 WATER CONTRACT WITH OAK HARBOR Finance Director, George Khtaian, reviewed the changes in rates set forth in the new contract to supply water to the City of Oak Harbor resulting from increased costs of supplying April 20, 1981 - - - - - - - -CONTINUED: the water. Attorney Mansfield read, by title, a resolution authorizing execution of the contract by the City Manager. The contract had already been accepted by Oak Harbor. Motion by Mr. Separovich, seconded by Mr. Cleland, that the contract be approved and the resolution be adopted and given RESOLUTION NO. 658. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. AWARD OF BID ON SALE OF SURPLUS WEAPONS Mayor Figenshow varied the order of the agenda and asked to consider this item inasmuch as Police Chief Lippe had other business to attend to. Chief Lippe then reviewed the bids received for the surplus, outdated weapons which were offered for sale. The highest bid received for the weapons was from Greene's Gun Shop of Oak Harbor in the amount of $1,425.00 and the lowest from Kesselring Gun Shop in Bellingham of $576.00. Mr. Lippe also presented statements of the cost of replacing the equipment with the best offer from Thrifty Sporting Goods. So that the police officers will not be without weapons during the time it takes to get the new equipment, Greene's Gun Shop agreed to wait until the new ones arrive before taking the surplus weapons. Mr. Lippe recommended this course be followed. Motion by Mrs. Kribs, seconded by Mr. Separovich, that the bid of Greene's Gun Shop in the amount of $1,425 be accepted and also that the Police Department be authorized to purchase the replacement equipment from Thrifty Sporting Goods as recommended. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs . Motion carried. COMPREHENSIVE PLAN REVIEW Mayor Figenshow read .the names of the Steering Committee for this project as being: Knute Figenshow, Robert Hogg, Robert Olander and Ken Kinzel along with the Chairmen of the six reviewing committees. He then read the names of persons interested in serving on the six committees (namely, Conservation, Industrial, Residential, Retail, Transportation, Tourism/Recreation). He outlined, in general; the procedure which will accomplish the desired review of the City's Comprehensive Plan and Zoning Ordinance by these committees and it was then agreed that the Committees should be notified to attend next Monday's study session meeting. At that time, each committee should elect a chairman and be given the basic in- structions for the project. Official naming of committee members will be at the next regular Council meeting. There was additional discussion of the purposes of the project; using the present plans as a foundation, etc. AWARD OF BID FOR WATER METERS Public Works Director, David M. Ford, Jr., said that bids were opened on April 7, 1981 for 200 size 5/8" X 3/4" water meters. Two bids were received; from Pacific Water Works Supply of Seattle at $34.32 per meter and from Western Utilities of Seattle at $34.40 per meter. Both firms agreed to.allow the sum of $4.00 per meter if and when the City has any to trade in. Mr. Ford stated the price was better this year than last because the City purchased 200 instead of 100 at a time as was done last year. Motion by Mr. Kiel, seconded by Mr. Rock, that the City accept the low bid of Pacific Water Works Supply in a total amount of $6,863.45. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. AWARD OF BID FOR WASHINGTON PARK FLOATS AND PILINGS Parks Director, Steve Colby, reviewed the base bids received which ranged from a low of $44,640 to a high of $72,000. It was Mr. Colby's recommendation that the City accept the entire project as proposed less one 20 -foot float section. This would include a concrete brow and float anchor, four 3 -pile dolphins and five 20 -foot float sections. To this base bid, he recommended adding one con- crete brow and float anchor and four 20 -foot float sections. The grand total would amount to $80,489.00, including taxes. Inasmuch as the City has budgeted monies in excess of the grant received from the IAC for this project to cover the project as recommended, Mr. Colby asked that the Council accept this proposal (referred to as Option No. 2). After additional dis- cussion, motion by Mr. Kiel, seconded by Mr. Rock, that the bid from Dawson Pile Driving be accepted, per Option No. 2, for a total of $80,489.00. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. PROCLAMATION RECOGNIZING SENIOR VOLUNTEERS Mayor Figenshow read a Proclamation declaring May 15, 1981 as Anacortes Retired Senior Volunteer Day to recognize and show appreciation to the Senior Volunteers who have provided outstanding service to the community. Motion by Mr. Kiel, seconded by Mr. Separovich that this Proclamation be approved and ratified by the Council. Vote: Ayes -- Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Motion carried. 1 1 April 20, 1981 - - - - - - -continued: PUBLIC HEARING DATE ON PETITION FOR VACATION Attorney Mansfield read, by title, a resolution setting the date of May 18, 1981 for a public hearing by the Council on a petition for vacation of a portion of "0" Avenue adjacent to Block 6 of the Mary Eubanks First Addition to Anacortes. Motion by Mr. Kiel, seconded by Mr. Separovich, that the resolution be adopted and given RESOLUTION NO. 659. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. Councilman Separovich requested a short Executive Session following the meeting for the purpose of discussing personnel. There being no further business to come before the Council, meeting adjourned at 8:40 p.m. 'JI' Ida R`olph, Executiv Secretary May 4, 1981 ""7 K.- S. Fig s w, 4� / Mayor Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Reverend Al Baunsgard of the First Assembly of God Church gave the invocation. ROLL CALL Present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mrs. Kribs, that the minutes of the previous meeting held on April 20, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE There was no correspondence, but Manager Olander drew the attention of the Council to the presence of Mr. Ralph Edwards who had been working on the microphone system in an effort to improve the reception. He suggested the Council members turn off their mircophones when not in use. CITIZEN HEARINGS There was no response to Mayor Figenshow's invitation to any- one in the audience to speak on any item not on the agenda. OLD BUSINESS There was no old business to b e considered by the Council. NEW BUSINESS APPOINTMENTS TO COMMITTEES FOR COMPREHENSIVE PLAN REVIEW Mayor Figenshow read the list of persons appointed to the Steering Committee, Conser- vation Committee, Industrial Committee, Recreational/Tourism Committee, Residential Committee, Retail Committee and Transportation Committee who will hold meetings over the next several weeks to consider any necessary revisions to update the City's Comprehensive Plan. Each Committee has one Council member and one Planning Commission member. Times, places and days of the committee meetings are: Conservation: Tuesday, 8:00 p.m., Bldg. Dept. Conference Room, City Hall. Industrial: Tuesday, 6:30 a.m., Kate's Restaurant. Residential: Wednesdays, 6:30 p.m., Bldg. Dept. Conference Room. Retail: Wednesday, 7:30 a.m. Harbor Restaurant. Transportation: Tuesday, 6:00 p.m., Bldg. Dept. Conference Room. Recreation/Tourism: Thursday, 7:30 p.m., City Hall Conference Room B. Motion by Mr. Separovich that all persons named be appointed unanimously. Seconced.by Mr. Rock. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. PROCLAMATION Mayor Figenshow read a Proclamation naming the week of May 3rd to 9th as Skagit Family YMCA Week and urging citizen support to that organization. Motion by Mr. Kiel, seconded by Mr. Rock, that the Council .ratify this proclamation. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. PROCLAMATION Mayor Figenshow read a proclamation acknowledging and extending appreciation to the Burlington -Northern Railway Company for its cooperation and assistance in the City's acquiring the Anacortes Railroad depot. Motion by Mr. Separovich, sec-nded by Mr. Cleland, that the Council ratify this proclamation. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich, motion carried. ACCEPTANCE OF 32ND STREET SIGNAL Jim Pemberton, Engineering Supervisor, reviewed the background of this project on which construction began in November of 1980. It was completed in February of 1981, but there were several items which did not comply with specifications. These deficiencies have now been corrected to the satisfaction of the Washington State Dept. of Transportation inspectors. V6May 4, 1981 - - - - - continued: Mr. Pemberton recommended that the Council accept the project and authorize release of $4,167.59 in retainage within 30 days providing no valid claims or liens are filed with the City in that time. There was brief discusssion of the total cost of the project and its mode of operation. From the audience, Mr. Preston Holton voiced some dissatisfaction with the timing. Mr. Pemberton advised this matter is presently being checked. Motion by Mr. Separovich, seconded by Mr. Rock, that the City accept the signal and authorize release of the retainage under the restrictions as stated. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow.. Motion carried. LATECOMER AGREEMENT - EARL COOLEY Mr. Pemberton reviewed the circumstances surrounding this request and stated that Mr. Cooley had Ray Jones Construction put in a waterline extension from "B" Avenue west a distance of approximately 278 feet. Mr. Cooley has asked for a "Latecomer" agreement with the City to allow him recovery of some of his costs of the waterline. The agreement would effect Lots 16, 17 and half of 18 of Block 247 and lots 1 through 8 of Block 248 of the Anacortes Original Addition. Mr. Pemberton recommended that the City enter into the requested agreement because at the time Mr. Cooley had the work done, the Citys policy was to enter into these agreements and had indicated to him they would do so. Mr. Cooley then addressed the Council and advised the reason it had taken so long for him to request the agreement was because he had had difficulty in getting the proper information from Mr. Jones. Mr. Pemberton recommended that the City assess a 3% admin- istrative fee for City staff time and effort over the past years and for future collection of the agreement. Mr. Cooley objected to the 3% proposed fee. Public Works Director, David M. Ford, Jr., pointed out that if the agreement were approved, the City would have to flag the.effected properties so that when anyone applied for water service or a building permit, the City would have to collect the latecomer's fee and turn it over to Mr. Cooley. The City, in effect, acts as a collection agency for the party who put in the line extension. Mr. Figenshow said he did not think a 3% fee was too much for this service. Motion by Mr. Separovich, seconded by Mr. Kiel, that the City enter into the requested Latecomer's Agreement with Mr. Cooley subject to the staff recom- mendations as previously stated. Vote: Ayes00Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. AWARD OF BID - SANITATION CONTAINERS Operations Superintendent, Mike Foster, advised the Council that the City had received two bids for three 3 -cubic - yard containers and fourteen 6 -cubic -yard containers. Capital Industries, Inc. bid totalled $11,752.10 and the bid from DeWald Northwest was $11,957.93. Mr. Foster further advised that in the past there have been indications that containers manufactured by Capital Industries do not comply with specifications and to not hold up. Therefore, Mr. Foster contacted the president of that firm and was assured that the containers would meet the specifications except there would be only one hinge rod. Mr. Foster said his intent was to have two rods, but the specifications did not clearly so state. Inas- much as the state bid laws require acceptance of the lowest bid, it was his recommendation that the City accept the bid of Capital Industries and that a close check be kept during construction of the containers to make sure they meet specifications. If they do not, the City then reject the equip- ment. After additional discussion, motion by Mr. Separovich, seconded by Mr. Figenshow, that the low bid be accepted and the inspection be followed as recommended. Under the question, there was further discussion of the time it would take to reject all bids and call again, etc. Mr. Foster said that time was of the essence with the summer tourist season coming. Vote: Ayes --Moore, Rock, Separovich, Figenshow, Kiel. No--Kribs, Cleland. Motion carried. AWARD OF BID - ONE -TON FLATBED TRUCK On March 16, 1981, Council accepted the low bid of Hinton Oldsmobile fora 1 -ton flatbed truck. On April 13, 1981, the City was advised by Hinton that they had made an error in their bid; that the specified tires were not available and that an additional $274 would be needed for proper tires. Adding the $274 to the original bid would not bring it up to the amount of the second low bid from Trulson Motors,, but the City attorney was of the opinion it would not be legal for the City to allow Hinton Motors to increase their bid; that they would be obligated to provide the truck at the cost bid approved by the Council. By telephone, they refused to do so and withdrew their bid. After some discussion, motion. by Mr. Kiel, seconded by Mr. Cleland, that the City accept the second low bid from Trulson Motors in the amount of $10,600.80, with the provision that there be no change in the bid amount due to the delay. 1 1 V7 May 4, 1981 - - - - - continued: Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. Council instructed the City Attorney to follow up the possibility of recovering the additional $500 cost to the City from Hinton Oldsmobile due to their defaulting on their bid. Manager Olander reminded the Council of the Capital Improvement Plan tour Wednesday, May 6th, at 5:00 p.m. and that the Forest Management Plan would be considered at the next Council study session on May 11th. At this time, Mayor Figenshow recognized Mr. Del Taylor from the audience who said he had wished to speak under Citizen Hearings, but had not been able to get to the meeting soon -enough. Mr. Taylor then urged the Council to consider taking all steps possible tocomplete the proposed 32nd Street west end access road. It was Mr_ Taylor's opinion that this access is becoming increasingly necessary and that to stop work on it would be a mistake. He asked that they make all effort to determine a final location for a west end road and proceed as far as possible at this time. He said he could see no suitable substitute for this project. The Council was then advised of a majorbreak in the 24 -inch waterline which goes across the Swinomish Slough. Divers have determined that there is a joint pulled apart caused, apparently, by a shift in the line. Investigation is presently being made to determine the cause of the shift and what and how the line can be repaired. There being no further business to at 8:40 p.m. GJ� Ida Rolp , Executilve cretary May 18, 1981 come before the Council, meeting adjourned K. S. Ficye Aow, 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, Tom Cleland, Charles Kiel, Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Cleland, that the minutes of the previous meeting held on May 4, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE Manager Robert Olander read a.letter from Publishers Forest Products regarding their request for renewal of a variance from the Northwest Air Pollution Authority. They advised that the hearing would be during the month of June and requested the City's support. Mr. Olander also read a.letter received from the Burlington -Northern Railway congratulating the City on its acquisition of the old railroad depot. Motion by Mr. Kiel, seconded by Mr. Rock, that proper City staff represent the City at the hearing before the Northwest Air Pollution Authority in support of Publisher's application for variance from the air pollution requirements. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. Mayor Figenshow said he would be attending the hearing. CITIZEN HEARINGS There was no response from the audience to the Mayor's invitation to speak on any item not on the agenda. OLD BUSINESS There was no old business to be considered by the Council. NEW BUSINESS PUBLIC HEARING - VACATION OF A PORTION OF "0" AVENUE Mayor Figenshow briefly reivewed the procedure for the public hearing and then declared a public hearing to be open to receive information on a petition for vacation of the portion of "0" Avenue described as the easterly fifteen feet lying between 33rd and 34th Streets. Community Development Director Ken Kinzel reviewed the petition stating the petitioner discovered his residence encroached onto City right-of-way, complained to the title company who issued the title insurance at the time of purchase of the property and, in order to remedy the situation, the title company has agreed to pay for relocation of the house if the additional land can be secured from the City right-of-way. This would allow the property owner to secure clear title to the property. Mr. Kinzel pointed out on a view foil the location of the subject property and requested vacation. One objection to the petition was received from the property owner immediately to the north of the petitioner who did not wish to see the access to his property lessened. "Q" Avenue in this location is currently unimproved and May 18, 1981 - - - - continued: deadends on the north at this property owner's tract of unplatted land. Both the unplatted land and the land on which the petitioner.'s residence exists is zoned Commercial. There are no public utilities existing in the subject right-of-way. The Planning Commission held a public hearing on April 8, 1981 and recommends to the Council that the east 10 feet of "0" Avenue, north of 34th Street, be vacated. This would preserve a 70 -foot right-of-way if the property owner on the other side of the right-of-way does not also petition for 10 feet; or, if he does, it would preserve a 60 foot right-of-way. Representing.the petitioners, Mr. & Mrs. Knudson, Attorney Les Johnson addressed the Council, confirmed the statements of Mr. Kinzel and further explained that the additional land was necessary to conform to the code set- back requirements before a permit could be secured to move the house. He stated his clients would agree to a 10 -foot vacation instead of their requested 15 -foot as this would allow the room they need. From the audience, Mr. Dick Dildine, 1211 6th, said he felt that "0" Avenue was potentiall a heavy traffic carrier running parallel to Commercial Avenue and wondered if there wasn't some way the City could allow the house to be moved and then take back additional right-of-way if it were needed. There followed detailed and extensive discussion concerning the surrounding area, the location of the utility lines, whether or not the house could be moved without additional land (it couldn't - Mr. Mansfield explained the code would not allow such a move in violation of the requirements; also the owner could never get clear title as long as the house remained on public right-of-way); the responsibilities of the title insurance company in the matter, etc. Mr. Terry Myers, 2310 Baron Place, said he felt the property should have been surveyed before the house was built and that 10 feet should be the maximum vacated. Mr. Dildine again addressed the Council and suggested the house stay where it is until the City needs the right-of-way; that it would save a lot of people a lot of time and trouble. Mr. Johnson indicated -his clients wished a clear title which they could not get with the house on public right-of- way. Councilman Moore expressed uneasiness about the relationship between the petitioners, Mr. Johnson and the insurance company. Attorney Mansfield explained that the Council is required by law to look at whether the City needs the right-of-way in these instances and that the reverse is also true, if the City does not need the right-of-way, the Council can vacate it regardless of the reasons for the request. Councilman Kiel requested and received further explanation of the objection of the property owner to the north. From the audience, Mr..Ray Carpenter, 5001C Sunset Avenue, indicated his realty firm had sold this piece of property 2 or 3 times over the past 15 years and it was his recollection that at one time it was owned by the property owner to the north (Mr. Johnston) who is now objecting to the vacation. Pres Holton, 2310 .11th Street, addressed the Council and reminded the Council that some time ago he had asked the Council to put platted streets in these acreage areas which would have eliminated the subject problem; he said he believes the right-of-way should remain at 80 feet; if the house were moved and then burned down, it could not be built again. Councilman Rock dis- agreed with this last statement stating a variance could be secured from the Board of Adjustment. This brought up the possibility of a variance without vacating part of the right-of-way and Attorney Mansfield said that in that event the house to the east would then be only 3 or 4 feet from the property line. Attorney Johnson indicated he and his clients have. already considered this possibility and rejected it. Mr. Separovich said he felt the Council should do the best they could; that he felt a 60 or 70 foot right-of-way would be sufficient for the City and he favored the vacation. Mr. Rock said he felt the Board of Adjustment should look at it first. A petition for variance would have to be filed with that Board. Mayor Figenshow declared the public hearing closed and Mr. Moore moved that the Council postpone their decision until such time as' action is taken by the Board.of Adjustment. Seconded by Mr. Rock. Under the question, Mr. Separovich asked what would happen if no petition were filed with the Board of Adjustment for them to make a decision. Mr. Johnson reiterated that he and his clients had priviously determined this was not the route they wished to take and such a delay would be an inconvenience. Council- man Kiel felt the Council should explore the necessity fo an 80 -foot right-of-way and asked for examples of streets with 60 foot rights-of-way Mr. Ford mentioned "M" Avenue, Skyline Way, etc. Vote: Ayes-Figenshow, Kiel, Cleland, Moore, Rock, Kribs. No--Separovich. Motion carried. May 18, 1981 - - - continued: Mrs. Kribs asked Mr. Johnson to what extent the insurance company was responsible in this matter and Mr. Johnson said it would depend on what his clients decided to do. PUBLIC HEARING - PROPOSED MOBILE HOME PLANNED UNIT DEVELOPMENT - SINGING HILLS Mayor Figenshow delcared a public hearing open to consider a proposed mobile home park designed as a planned unit development. Mr. Kinzel described the proposal as covering 10 acres with a total of 58 units. The Planning Comm- ission held a public hearing on April 22nd and recommended approval subject to 13 conditions as follows: (1) All streets in the development are public with 34 -foot paving and concrete curb and gutter. Fifty feet of right-of- way is required for all streets with concrete sidewalks on one side. (2) Anacopper Road shall be paved to the centerline and concrete curb and gutter provided with a 5 -foot sidewalk the length of the property on Anacopper Road. (3) Enclosed storm drainage system provided for the full length of the property abutting Anacopper Road. -All storm drainage within the development shall be enclosed and designed and built to City specifications and subject to approval of the Public Works Director. (4) Sanitary sewer provided to City specif- ications and also subject to approval of the Public Works Director. (5) Water system provided and built to City standards and specifications and also subject to the approval of the Public Works Director and Fire Chief. (6) Street lighting provided to City standards on Anacopper Road and within the development. (7). Appropriate access and maintenance easements for utilities provided subject to City approval. (8) All traffic control and identi- fications signs provided by the developer as required by the Public Works Director. (9) All open spaces, common paths and buffer strips indicated on the plans approved by Planning Commission and Council to be deeded to a property owner's association and adequate provisions for perpetual maintenance and care by that association be contained in owner covenants. (10) All garbage receptacles brought out to the streets for collection. (11) The southern cul-de-sac dedicated through to Anacopper Road and provide for an all-weather, emergency vehicle only access. (12) All landscaping, berms, paths in common areas, buffer strips, street scapes and pathways on plans approved by the Planning Commission and Council provided by the developer and guaranteed by the developer for a 2 -year period. Any dying or unhealthy plantings shall be replaced by the developer during the 2 -year guarantee period. (13) The trail system be paved with an impervious surface. Mr. Kinzel stated the plan has been reviewed by staff and is in accordance with the PUD ordinance. Staff recommends approval subject to the 13 conditions recommended by the Planning Commission. Representatives of the developers then presented their proposal for the mobile home park with an opening statement by Mr. Ken Gentry of Mt. Vernon. Mr. Gary Klockenteger of Jones Associates, Bellingham, who had some time ago presented a cost analysis to the Council when a larger plan had been proposed, advised the Council that his cost figures had not changed to any great extent, but now with a redesigned, smaller park proposed, the developer had incorporated ways to make a 10 -acre park economically feasible - including more single - wide spaces, lots with the house and landscaping all done, etc. He maintained that the developer plans an attractive, well-designed park and is agreeable to all the conditions proposed by the Planning Commission. Ms. Anita Purdey showed slides of mobile homes in conjunction with a recorded informational presentation about the growth of mobile home living, the costs compared to "stick -built" homes, how they are financed, built to HUD standards, and fill the need of present-day families who are not able to finance a home under present economic situations. Mr. Nat Washington, 3131 Western Avenue, Seattle, consultant for the developer, addressed the Council and said their proposal included more amenities than a standard subdivision; the requirements under the City's PUD process make it comparable to "townhouse" lots in other parts of the County or State. He reiterated that their proposal is in no way to be the old "long box on a narrow lot" type of development and they will assure that there will be private management to take care of it and see it is properly managed. He went into some detail concerning the sensity criteria; pointed out that 1/4 of the area of the park is open space, there is a recreation field area; additional off-street parking area; buffer strips; over one-half of the lots have a view of open space or front on open space; as many of the trees as possible will be preserved; the homes are in groupings; considerations has been given to solar orientation to conserve energy; the lots can accomodate many different kinds of homes and more than adequate parking. He described the proposed landscaping in detail. May 18, 1981 - - - - - -continued: There followed an extensive and detailed discussion with the Council members asking questions of the developers and staff concerning parking, pathways, an additional 18 -foot strip along the east side which the developer proposed to deed to the park as it is of no use to him; street widths; fire hydrants; longevity of mobile homes; traffic circulation; (a lot of these were addressed in the 13 conditions recommended by the Planning Commission); whether Anacopper Road is adequate to serve the potential traffic;(Mr. Ford said he felt it was); the possible joining with other sub -divisions in the area; provisions for pedestrian safety and traffic circulation patterns; access for emergency vehicles. Mr. Carpenter pointed out there were some central lots in the park where there was only one access for two lots; stated he owns the property to the south and believes the road access is not good; with the airport very close and the possibility of other property nearby being turned into the same use, the marketability of his property would be affected. Terry Myers, 2310 Baron Place, said he also owns property in the area and feels that Anacopper Road, going up to the mobile home site, does not meet the requirements of the code for access. Mr. Dick Dildine, 1211 6th, said he felt the Comprehnsive Plan needed clarification about what constitutes a mobile home park; he felt they should be situated the same as any other home; should not be situated away from the center of the City. Mr. Ralph Scott, 2008 29th Street, concurred with many of the concerns; said he has trouble getting up Anacopper Road in the winter and additional traffic generated by this proposal is not going to -help the traffic situation; believes it should remain a low density area. Another principal of the developer (did not get name) addressed the Council and said he had been an owner of another mobile home park east of Sedro Woolley; it was his opinion that the people who lived there appreciated being aways out of town; there were neighboring animals and no one minded. His opinion was that buying a home was becoming beyond the grasp of many people and that manufactured homes were beocming more and more popular, but that the locating of them was the problem. He feels the proposed park will be a first class, attractive development. Regarding the volume of traffic, believes it is not as great as some people feel; the proposed park is not at the end of the airport, more alongside; and the zoning code and PUD process prevents the development from becoming transient. Mr. Nat Washington reiterated that with all the requirements of the PUD process, it definitely, by all standards, is for very permanent residences and more restrictive and costly than a regular subdivision. In reply to a question from Mrs. Kribs, Mr. Gentry said the use for the 8 acres he has left alongside this proposed development had not yet been decided, but he doubted it would be a mobile home park because of the requirements for open space, etc. Ms. Purdy, by way of information, advised the Council that less than 2% of the mobile homes placed in a mobile home park are ever moved later; she.also said that mobile home owners are not just young people starting out or retired people, but a good cross section of the population. In reply to a question from Mr. Myers, Mr. Gentry estimated the cost of one of the lots at $12,500 to $14,000 and then the cost of a home between $24,000 to $26,000 for a double wide size and then the costs of setting up around $2,000 to $2,500 which would total considerably less than a present-day stick -built home of comparable size. There followed discussion of Anacopper Road, it's width, classification (collector), it's capacity, whether it met the criteria required; dis- cussion of allowable density in the area; whether it would be intersected by other streets and the volume of traffic which could be generated there- from; the probably number of people which could be expected to live in the proposed development (Mr. Klockenteger said statistics would indicate less than 2 people per unit or a.maximum of 116); the kinds of mobile homes which could be expected.(a Design Review Committee would pass on the type of homes which will be put on the.lots); again, the future develop- ment of the additional 8 acres owned by the developer, and Mr. Olander opined that his interpretation was that if another park were to be developed adjacent to this one, it would be a violation of the intent of the code. Mr. Dildine said he felt the problem was in the intent of the mobile home ordinance and that parks should not exist a long way from the central area of the City. Mayor Figenshow said he felt the subject should be continued and Mr. Gentry interjected to say he could assure the Council he had no intention of building another mobile home park next to this one. Motion by Mr. Separovich, seconded by Mr. Kiel, that this public hearing be continued to the next regular Council meeting on June 1, 1981. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. May 18, 1981 - - - - continued: Mayor Figenshow declared a 5 -minute recess and upon reconvening the meeting: CALL FOR BIDS FOR 1981 STREET OVERLAY PROJECTS Public Works Director Dave Ford asked permission to call for bids for street overlay projects on "R" Avenue north betwen al2nd and 34th and on "0" Avenue between 2nd and 6th Streets. Money for these projects has been budgeted. Motion by Mr. Separovich, seconded by Mr. Kiel, that permission be granted to call for bids as requested. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. CALL FOR BIDS ON 1981 WATERLINE CATHODIC PROTECTION Mr. Ford requested permission to call for bids on 3 cathodic protection wells to protect the steel water pipelines. This is a continuation of the City's program and the three wells would be located in the Padilla Heights area from Reservation Road to the City's old booster station on the southwest corner of Marches Point. The monies for this project are available in the 1981 budget. Motion by Mr. Kiel, seconded by Mr. Cleland, that permission be granted to call for bids as requested. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. SET PUBLIC HEARING DATE FOR STREET VACATION IN NORTHERN PACIFIC ADDITION Proposed resolution setting public hearing date of June 15, 1981 on a petition for vacation of a street in the Northern Pacific Addition in Block 912 was read, by title, by Attorney Mansfield. Motion by Mr. Rock, seconded by Mr. Seaprovich that this resolution be adopted and given RESOLUTION NO. 660. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. SET PUBLIC HEARING DATE FOR PROPOSED FOREST MANAGEMENT PLAN Mr. Olander recommended the date of June 1, 1981 for this public hearing date. Motion by Mr. Rock, seconded by Mr. Separovich, that the date of June 1, 1981 be set for a public hearing on the proposed Forest Management Plan. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Carried. RESOLUTION AUTHORIZING 1981 WATER CONTRACT WITH TEXACO, INC. Finance Director, George Khtaian, reviewed with the Council the formula by which the City negotiated with Texaco for the rates for water furnished to Texaco for the year starting April 1, 1981. The rates are based on three different categories of charges - "Capacity", "Fixed", and "Variable". The Capacity charge is negotiated only every 5 years. The other two are negotiated each year and are based, among other things, on the actual costs of producing the water. The 1981 rates for Texaco are: $15,197 monthly capacity charge plus $13,077 monthly fixed operating charge, plus $59.22 per million gallons variable operating rate. Mr. Mansfield read, by title, resolution authorizing the City Manager and City Clerk to execute the amendment to the Water Contract with Texaco establishing these rates. Motion by Mr. Kiel, seconded by Mr. Separovich that the resolution be adopted and given RESOLUTION NO.661. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. Mayor Figenshow then excused himself from the meeting and left the room because of a conflict of interest regarding .the next item of business. Vice Mayor Separovich took the Mayor's chair. RESOLUTION AUTHORIZING 1981 WATER CONTRACT WITH SHELL OIL COMPANY Mr. Khtaian, as with the Texaco contract, advised the Council that the same formula was followed in negotiations with Shell Oil Company for their water rates for 1981. The rates for Shell's monthly Capacity Charge and Variable Operating Rate are the same as for Texaco, but their 1981 Fixed Operating Charge is $13,077. Mr. Mansfield read'a resolution authorizing the City Manager and the City Clerk to execute the amendment to the Shell Oil Company water contract establishing the rates as stated above. Motion by Mr. Cleland, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO.662. Vote: Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. There being no further business to come before the Council, me 'ng adjourned at 11:10 p.m. Ida Rolph, Exe ti Secretary ,-K. S. Pige w, Mayor June 1, 1981 Meeting call -d 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 and Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Cleland, seconded.by Mr. Rock, that the minutes of the previous meeting held on May 18, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Carried. CORRESPONDENCE City Manager Robert Olander read a letter received from the Skagit County Commissioners regarding a joint County -City jail facility, and asking Anacortes to enter into an agreement with the County in accordance with the state law after the proper steps have been taken. The second piece of correspondence was a letter from the State Office of Archaeology and Historic Preservation notifying the City that Causland Park has been selected by the Keeper of the National Register for placement in the National Register of Historic Places. CITIZEN HEARINGS In response to the Mayor's invitation to anyone in the audience to speak on any item not on the agenda, Mr. John Noyes, 2419 12th Street, addressed the Council concerning a recent article in the newspaper which indicated the Council was considering widening 12th Street and Oakes Avenue to facilitate traffic to.the west end of Anacortes. Mr. Noyes emphatically stated he was not in favor of such a proposal or of additional studies; that there was a definite need for a separate route to the west end. Mayor Figenshow explained to Mr. Noyes that this was not being considered at this time; that the Transportation.Committee studying the City's Comprehensive Plan was specific- ally addressing the problem and invited the public to attend their meetings. Mr. Del Taylor, 2303 Highland Drive, said no one in the Skyline area had been contacted regarding such a proposal. He also was invited to attend the Transportation Committee meetings. Vera Beacham, 1514 12th, said she was not in favor of widening 12th; George Gains, 3001 Oakes, alsoobjected saying the highway was supposed to continue directly west from where it entered Anacortes; Joan Krueger, 1712 12th, notin favor of a 4 -lane roadway on 12th; suggested the traffic be shared with other alternate routes. John Noyes said he thought that 15th Street would take care .of the problem. Councilman Separovich agreed there should be an alternate route to the west end. Dick Dildine, 1211 6th Street, said there would be complaints about any one street that might bemade a heavy traffic carrier and that he believed the developers should provide the access needed and that the original grid system should be followed to ease the problem. Sheldon Kochel, 5119 Doon Way, opined that all planning is wrong that allows expansion of a commercial area out away from the center of the City, such as the west end. OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON PROPOSED MOBILE HOME PLANNED UNIT DEVELOPMENT - "SINGING HILLS". Mayor Figenshow declared a public hearing to be open on the proposed mobile home park development to be located on the east side of Anacopper Mine Road southerly from Oakes Avenue. City Manager Olander reviewed the issue to date and the information received during the public hearing on May 18th. One piece of correspondence had been received from Robert J. & Carol McCaffery of Anacortes protesting the development because of unsolved traffic problems which would.be increased by the develop- ment. Public Works Director, David M. Ford, Jr., reported on the traffic capacity of the present Anacopper Mine Road and stated that the ideal level of capacity is 200 to 250 vehicles per hour which allows movement without un- due delay. The projected traffic volume coming off of Anacopper Mine Road, the existing development in the area, the airport.traffic, etc. in his opinion, would not exceed the capacity and the roadway would be adequate. There followed extensive and detailed discussion of the traffic volumes in the area between the members of -the Council, the proponents of the develop- ment and City staff. Council questioned the square footage of the lots; a single -wide mobile home lot should be 3,000 square feet and a double -wide lot must be 4,500 square feet. Mr. Ford pointed out that each and every lot is checked prior to the filing of a final plat. Mr. Gary Klockenteger of Jones Associates, assured the Council the lots were the size required. It was his opinion the traffic generated would not amount to as much as projected by Mr. Ford. From the audience, John Noyes, 2419 12th Street, reiterated that the City should take care of the traffic problem already existing before allowing it to increase. Mr. Pres Holton said he felt there would be problems arising in endeavoring to give the City services required. Terry Myers, 2310 Baron Place, presented the Council with a petition signed by 124 people opposing V3 June 1, 1981 - - - - -continued the proposed mobile home development, and questioned the paving widths on Anacopper Mine Road. At this point, Mr. Klockenteger said the City could possibly use the funds the developer would spend to improve Anacopper Road on other projects in the City. Councilwoman Kribs questioned the setbacks from the lot lines of the mobile homes and was informed that according to the City's ordinance, there must be a minimum of10 feet between units and 25 feet from the property boundaryline abutting a street or highway and 15 feet from other boundary lines of the development. Councilman Cleland asked about the different shapes of mobile homes and whether they would be considered "double -wide"; Mr. Nat Washington asked what the maximum would be for a double -wide and was advised this is one of the problems being addressed by the Comprehensive Plan review. The developer, Mr. Gentry, pointed out that he had been working on this proposal for over a year to date, his costs had been increasing and he would appreciate a decision on the matter. Councilman Moore stated he felt this was a difficult decision to make because of the apparent traffic problems; that the City may have to look at the larger picture in Anacortes and get basic capital improvements done before the City can logically allow more development of the area. Mr. Washington asked if this meant all development in the west sector of Anacortes.and said that if a moratorium were placed on new development until the Comprehensive Plan was completed, it would create a pent-up demand which would only increase the problems. Mr. Separovich pointed out the Council had to take note of the great concern of a large number of people about the apparent traffic problems and Mr. Washington said these should be considered at the same time. Mr. Figenshow asked if the proposed cul d' sac in the development could be opened onto Anacopper Road and Mr. Ford replied the City had agreed to the proposal as shown with approval.from the Fire Department. Mayor Figenshow then declared the public hearing closed. Motion by Mr. Kiel, seconded by Mr. Moore, that this matter be continued to the next regular Council meeting on June 15, 1981. Under the question, Mr. Separovich said he could not see what would be gained by continuing the matter. Vote: Ayes--Figenshow, Cleland, Kiel, Moore. No--Kribs, Separovich, Rock. Motion carried. Councilman Kiel stated that he felt that if the Council used the traffic problem to deny approval of the proposal when it had met all requirements, then the Council could not in good faith approve any other development. There followed additional discussion concerning the additional 8 acres owned by the developer, improvements to Anacopper Road, widths of street right-of- ways inside the park, and widths of the sidewalks and walkways around the park. From the audience, Terry Myers asked about the legality of an easement through the park, Vera Beacham said she felt the traffic on 12th should be considered before this proposal is decided upon. Mr. George Gains asked if the park was to be managed and Mr. Washington informed him they proposed to have it managed by a property management team to assure its being well taken care of. Mr. Gentry said that because of the concern over added traffic, he would be willing to consider an additional condition to the approval to the effect that there would be no units placed in the park for a period of one year after the date of approval. He explained their plans would be development in phases - not all at once; there would not be a lot of traffic all at once. Mr. Dildine said he felt Mr. Moore' idea was good, not to allow development until the traffic problem was solved. John Noyes agreed with Mr. Dildine. Mayor Figenshow pointed out that all the Comprehensive Plan would do would set the plans; there still had to be money to make the improvements and the City had none. If the City created a moratorium, there probably would be lawsuits; there is no money from federal grants, so how can it be funded. Noyes was in favor of stopping all development; Krueger suggested sharing the traffic with other streets; Debra Murdock asked if the Council had set a plan and was advised they did not. Councilman Moore explained that people were responding to a suggested alternative proposed by Mr. Olander for consideration only; that the Council has already considered many other proposals. He suggested the public get involved in the planning in the Comprehensive Plan. Mr. Kiel said the solution was in planning and building more roads. Mr. Olander reminded the Ciuncil of the "Systems Development Charge" concept which was rejected not too long aago as a means of generating revenue. Mr. Gentry, to recap, said he was not opposed to opening up the cul d' sac and would agree to 4 -foot sidewalks. Mr. Noyes opined that the City could not afford to go any further if it cannot afford the present problems. Mr. Klockenteger reiterated that possibly the City would wish to consider using the funds earmarked for Anacopper Road some- place else and said if the City were to cut the growth, they would cut out the .possibility of receiving grants. Mayor Figenshow then declared the public hearing closed. Motion by Mr. Kiel, seconded by Mr. Moore, that this matter be continued to the next regular Council meeting on June 15, 1981. Under the question, Mr. Separovich said he could not see what would be gained by continuing the matter. Vote: Ayes--Figenshow, Cleland, Kiel, Moore. No--Kribs, Separovich, Rock. Motion carried. U4. June 1, 1981 - - - - - - continued: The time being 9:50 p.m., Mayor Figenshow delcared a short recess. Meeting reconvened at 10:00 p.m. NEW BUSINESS - PUBLIC HEARING - FOREST MANAGEMENT PLAN Mayor Figenshow delcared a public hearing to be open to consider the proposed Forest Management Plan for ity owned forest lands. Manager Olander stated this plan was the result of approximately a years work by a Committee appointed by the Council to draw up a proposal to manage the Anacortes Community Forest Lands so that they may be preserved, enhanced and protected for posterity. Mr. Olander described the Committee's work in preparing the draft plan, holding public hearing, making mod- ifications as a result thereof and then read a statement of testimony from the Co-mittee Chairman, Bob Rose, as he could not attend the meeting. Mr. Rose briefly reviewed the plan and urged the Council to adopt it as a beginning in the management of the City's forest resources. Mayor Figenshow asked for comments from the audience and Mr. E. T. Murphy, 3611 West 6th, found the plan well balanced and felt it should be adopted for. the long term community interest. Debra Murdock, on behalf of herself and her father, Gerald Knutson, said she didn't think there was much change in the trails caused by motorbikes and that the bikes, in fact, kept the trails open. Rochelle Wallace, 818 25th, stated she was chairman of the Conservation Com- mittee studying the City's Comprehensive Plan and that that Committee would like to go on record as supporting the Plan as proposed. Larry LaRue, 1201 8th Street, said he thought the City wanted to raise money by selling timber from the forest lands. Gene Hayfield, Chairman of the Parks and Recreation Advisory Board, advised the Council that the Park Board had re -affirmed the concerns expressed to the Council in a previous letter about this matter. Jerry Wallrath, 1216 15th Street, said he knew that a lot of people in the community went over the trails, cleaned them up and kept them open. He pointed out that the plan calls for all money from any timber sales was to go back into the ACFL for the upkeep and conservation of the lands. He believed 9 out of 10 of the bike riders were responsible and did not damage the lands, but there was evidence that one in ten who did. The effectiveness of the plan would rest with the quality of the people who would manage it. He recommended passage of the plan and then a piece of the land used as a test area: He believed enforcement could be worked out. Roy Murdock, 2021 12th Street, believes the plan is good, but is biased against the trail riders; that trail riders could be of help and are the biggest users. Rick Latham, 2013 "L" Avenue, said his concern was that the City get some type of management plan in action and urged passage of the plan. Dick Dildine said the forest is the way it is now because it was to be a watershed. If at some future time the City reviews the issue and sees it is not being successful, there should be a stipulation allowing the forest to revert to its completely natural state. Becky Martin, 818 32nd, said she believed the plan was poorly written and should provide that money be made by the City. Councilman Kiel said that in the long term, there should be some income in the future. He read from page 50, and suggested this section be re -named "Finance". He further suggested that there be an addition to the Goal under this section as follows: In the long term, monies generated from resources which exceeds the cost of management purposes may be used for the general benefit of the City as determined by the City Council. Mr. Del Taylor, a member of the Forest Committee, said the plan was not to spend money, but to invest it in the resource; that it would be a long time down the road before there would be money in excess of needs. Mr. Wilson Daw (?), 382 Yokeko Drive, said he was very happy to see the plan, but would not like to see the income uses limited. Rick Wallace, 818 25th, said that Goal No. 4 on page 9 of the plan answered the question of use of any money. Also, he said he had seen a lot of damage done by bike riders. Councilwoman Kribs did not think Mr. Kiel's addition was necessary. Jim Merrit of 392 Yokeko Drive, said he was a retired professional forester and thought the plan was excellent though he thought the day of "freebies" was over. He felt that everyone who uses the forest land should be required to pay a fee. Mr. Separovich disagreed with this concept. Mr. Dildine said he thought the land could be used without its being exploited and that manag- ing, as suggested, is going to cost money. Mr. Taylor said the problem is the lack of management for the past 20 years. Mr. Figenshow and Mr. Latham both agreed with Mr. Taylor. Further discussion of Mr. Kiel's suggested addition and Mr. Rock said he felt the concept was already in the plan; Mr. Cleland agreed with Mr. Kiel; Mr. Moore also, though he felt there should be a limitation of some sort. 1 1 U5 June 1, 1981 - - - - continued: From the audience, Mr. Ron Pinson, 1311 27th Street said there were many volunteer organizations in the City who can help keep this resource for the citizens; believes it is a good plan (if areas aren't closed up too much); he believes that some light boating should be allowed. Laura Kohler of 1101 29th Street, asked what methods would be used to "harden" the trails as described on page 41 and Mr. Moore advised this would be something the management team would have to consider. Mr. Dildine reiterated that management would still cost money; Mr. Moore did not agree; Mr. Olander said the plan could be amended as problems arose and Mr. Taylor said the plan probably would be reviewed from year to year. Councilwoman Kribs pointed out the necessity of managing the lands and drew the displeasure of the trail bike riders. Bob Jahns, 1228 C Fidalgo Bay Road, said he owned property in the vicinity of the area being considered and that he had had problems with trespassers; under a good management policy, many other people who do not now use the resource would be able to do so with better access. Jerry Curtis, 1016 30th, said he felt the land developers should be kept from developing the land. Mayor Figenshow then declared the public hearing closed. Motion by Mr. Kiel that the Forest Management Plan be adopted with the section. titled "Funding" be changed to "Finance" and "In the long term, monies generated from resources which exceeds the cost of management pruposes may be used for the general benefit of the City as determined by the City Council" be added to the Goal under that section. Seconded by Mr. Moore. Vote: Ayes-- Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Attorney Mansfield then read, by title, a resolution adopting the Management Plan for Anacortes Forest Lands. Motion by Mr. Separovich, seconded by Mr. Moore, that the resolution be adopted and given RESOLUTION NO.663. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. Inasmuch as the hour was very late, motion by Mr. Kiel, seconded by Mr. Separovich that this meeting be continued to 7:30 p.m. June 8, 1981. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs,.Separovich, Figenshow. Motion carried. Manager Olander requested a short executive session with the Council to discuss a property transaction. Meeting adjourned at 11:10 p.m. Ida Rolph, Execut'v Secretary K. S.'Fig ns ow, Mayor June 8, 1981 - continuation of meeting of June 1, 1981 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. Ken Moore entered approximately 10 minutes later. CORRESPONDENCE City Manager Robert Olander read a letter received from the Anacortes Business Community requesting that Commercial Avenue be blocked off between 5th Street and 8th Street on July 18, 1981 for the purpose of a "Ship- wreck Fleamarket". The businessmen propose to have 20 -foot curb -side spaces for special sale booths. The time would be from 7:00 a.m. to 6:00 p.m. Inter- sections with cross streets would not be blocked. After a brief discussion, motion by Mr. Rock, seconded by Mr. Separovich, that the request be granted. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. Continuing the agenda of the meeting of June 1, 1981: PUBLIC HEARING - REQUEST FOR REZONE, BERENTSON PROPERTY NORTH OF AIRPORT Mayor Figenshow declared a public hearing open to consider a request to change the zoning from Residential Low Density (RL) to Light Manufacturing (LM) the 13+ acres located at the north end of the Anacortes airport. This area was previously considered as a residential plat known as "Hilltop". Ken Kinzel, Community Development Director, stated as follows: the petition for rezone was reviewed by staff and the Planning Commission with the following results: (1) changing the area to LM would eliminate potential residential hazards of noise from the airport; (2) the LM designation would be an extension and enlargement of the existing and abutting LM zone to the south and provide additional vacant undeveloped land for additional LM use (most of the City's LM areas are located along the waterfront and there is not adequate upland areas for development of any scale); notices were sent to property owners within 300 feet and no responses received; (3) the aviation easements in existence would not be effected; (4) potential traffic generation would depend on specific land uses and employment levels ultimately locating in the area; (5) the intent of the LM zone is to accomodate businesses which are �01 June 8 - - - - - - -continued: not compatible with uses found in the Central Business District and Industrial zones; (6) under conditional use, there could be multi -family dwellings, con- dominiums, single family homes and motel. The Planning Commission held a public hearing on May 13th, 1981 and recommends the City Council approve the rezone to LM as requested. Staff did not have a specific recommendation as they felt either RL or LM would be appropriate for the area. The only adverse effect of the LM zone might be to isolate two small areas of RL now owned by Mr. Berentson. Mr. Kinzel showed the view foil map and pointed out there was a fairly large piece of property between the Berentson land and Oakes Avenue on the north owned by the Demopoulos Trust. This owner had no objection to the rezone. Mr. Buehl Berentson, 3307 "H" Avenue, addressed the Council and briefly reviewed his prior proposal which he withdrew. He said he had talked with neighbor- ing property owners and they feel they would be better off with the LM zoning than Residential High. He asked whether the Council had any questions and Mr. Separovich asked if he had any idea what kind of business might go in or how many jobs might be generated. Mr. Berentson said he did not know yet. Council- man Cleland then said he felt there were several problems with the proposal and he had no indication they had been addressed by either the Planning Com- mission or the staff - namely, that if the rezone were granted, there would be a frontage on Oakes Avenue of some 600 feet distance (more or less) which would allow for commercial development such as boat sales and repair, restaurants, nurseries, veterinary clinics, car wish, etc. It was Mr. Cleland's opinion that such commercial development should not be allowed on Oakes Avenue; that he believed the Council's policy was not to allow additional commercial businesses to go out Oakes Avenue, but keep them in the already commercial districts. He said it was possible that the Demopoulos Trust would then request the same zoning and thereby increase the distance along Oakes with the same potential. There followed detailed sicussion of requiring a "green belt" along the Oakes Avenue perimeter to prevent such commercial development; a roadway across the southern end (with Mr. Berentson supplying the total right-of-way if the Port of Anacortes takes too much time to consider contributing part of it) for residential access into the Clearidge Addition; whether attaching "conditions" to the granting of a rezone, such as right-of-ways, is legal (Attorney Mansfield opined it was permissable provided the need was generated by the rezone area); the possibility of the Port of Anacortes requesting a right-of-way from the FAA, etc. Manager Olander advised the Council could rezone all except a strip on Oakes Avenue as a solution to preventing commercial development. Mr. Berentson also said he was willing to dedicate his share of the land necessary to improve Anacopper Mine Road, on the east side of his property, at the time the City and/or Port or private property owners agree to share in the improve- ments. Councilman Kiel agreed that some kind of buffer should be on Oakes to maintain the character of Oakes. From the audience, Dick Dildine, 1211 6th Street, asked if the approach path of the airport placed any height limitations on possible industry or manu- facturing in the area. There was no specific reply. There was additional, repetitive discussion of the pros and cons of a buffer strip, how wide it should be, whether it owuld be effective; whether it would be legitimate; whether it should be left LM, etc. Mr. Berentson said he was willing to give a 50 -foot buffer, but not 150 feet. After consideratble more discuss-. ion, Mayor Figenshow delcared the public hearing closed and asked for the Council's pleasure. Motion by Mr. Separovich that the request for rezone from RL to LM be granted with a buffer zone along Oakes Avenue of 100 feet be deeded to the City. This motion died for lack of a second. Councilman Moore expressed his concerns: ' that a buffer was needed, but he was unable to determine what kind or how wide it should be; that there should be no access into the LM zone through the buffer (then there were arguments that easements could be obtained through the privately -owned property at either end of the buffered strip); that there should be an access roadway between residential areas (to run between the airport and the proposed LM zone); and that Anacopper Mine Road should be improved. There was additional discussion and Mr. Kiel moved that the petition for the rezone be granted subjec to (1) a 50 -foot buffer zone being established along Oakes Avenue with no expanded access through it; (2) a forty -foot right-of- way.be set aside for an east -west roadway on the south boundary of the property for future development - with actual wording of the conditions to be drafted by the City Attorney. Seconded by Mr. Figenshow. There was additional discussion and before the vote on this motion, Councilwoman Kribs moved to table the motion for one week to allow the Council to make a trip 1 1 1 June 8, 1981 - - - - continued to the location of the subject property and view it first hand, on Wednesday, June 10th at 5:00 p.m. Seconded by Mr. Rock. Vote: Ayes--Kribs, Cleland, Moore, Rock. No--Separovich, Figenshow, Kiel.. Motion carried. ORDINANCE ADOPTING 1979 CONSTRUCTION AND FIRE CODES Council was advised state law mandates the adoption of certain Uniform Codes for building, mechanical, housing, fire, plumbing, etc. Attorney Mansfield further said that local governments can modify such codes as long as they do not make application of the codes less strict. He stated the proposed ordinance had numerous mod- ifications previously explained to the Council. He read, by title, the proposed ordinance adopting the codes as modified. From the audience, former Mayor Jim Rice, addressed the Douncil and said he felt that on page 2, item H, which required a $75.00 fee prior to submitting building plans for a single family residence to be paid to the City Building Department, was a little high because there were instances where people change their minds and the building is not constructed. He recommended that if this happens, a portion of the fee should be refunded or a lesser fee charged. Council then considered the previous fee schedule as compared to the proposed schedule after discussion, motion by Mr. Kiel, seconded by Mr. Moore, that consideration of adoption of the Uniform Building and Fire Codes be tabled until background information could be secured on the new fee schedule. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Next item on the agenda pertaining to establishment of "no parking" areas in Skyline was deleted as the necessary ordinance had not been prepared. ORDINANCE AMENDING 1981 BUDGET Finance Director George Khtaian advised several housekeeping changes needed to be done in the 1981 budget: (1) in the Library Fund due to the loss of two CETA positions; (2) in the General Fund to pay for one-half of another Court Clerk for an 8 month period; (3) in the Revenue Sharing Fund to comply with Revenue Sharing regulations (no change in fund total) Attorney Mansfield read, by title, a proposed ordinance authorizing these necessary housekeeping measures. Motion by Mr. Separovich, seconded by Mr. Kiel, that the ordinance be passed and approved and given ORDINANCE NO. 1852. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Meeting adjourned at 10:15 p.m. to a Ida Rolph, Executi S'cretary June 15, 1981 study session. K. S. Figen ho , Mayor Meeting called to roder at 7:30 p.m. by Mayor Figenshow. Invocation was offered by Reverent A. L. Baunsbard 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. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel, that the minutes of the meeting of June 1, and continued to June 8, 1981 be approved as written and as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CITIZEN HEARINGS Mayor Figenshow asked if anyone in the audience wished to speak on any subject not on the agenda and Mr. John Noyes, 2419 12th Street, addressed the Council stating that a number of residents living on 12th Street and along Oakes Avenue were very upset over the continued development in the west end of Anacortes and that they had asked him to inform the Council that unless the City halted development in that area until such time as the traffic problem was solved, they intended to file a class action suit against the City to stop construction west of "D" Avenue for that purpose. Mrs. Vera Beacham, 1514 12th, seconded Mr. Noyes' statement. There was some discussion of just what was meant by "development" and Mayor Figenshow commented that if the citizens were entitled to bring such a suit, those people who wanted to develop in the west end also had the same right. Councilman Kiel referred to the minutes of the meeting of the Transportation Committee of June 9th, 1981 in which their final recommendations to the City's Comprehensive Plan were set forth. Specifically, he wished the Goal No. 4 be read into the record: "Provide for movement of traffic as expeditiously and safely as possible to West Anacortes west of "D" Avenue. Under this Goal, there were six policies as follows: (1) Provide alternate routes to 12th Street/Oakes Avenue corridor to West Anacortes which meet local access and emergency access needs of residents, i.e. encourage development of new routes over existing rights-of-way. (2) Improvement to east -west circulation patterns are to be done in a manner which will maintain safe and convenient access to downtown area. (3) Plan for phased development of east -west streets and roads to meet increased traffic 438 June 15, 1981 - - - - -continued: demands. (4) Maintain existing dedicated rights-of-way intact. (5) In future subdivision developments, plat rights-of-way so they tie in with existing rights - of way where practical. (6) Develop a future street right-of-way plan for areas where rights-of-way do not exist. Mayor Figenshow explained that the findings of the six different committees working on the six sections of the Comprehensive Plan would beput together in the next month or six weeks and then the City would be able to hold the public hearings so that everyone would be advised of the proposals for the Plan; and that it eventually would be completed in approximately 3 months. Pres Holton, 2320 11th Street, said he understood that there were portions of the Anacopper Mine Road that didn't belong to the City as there were also other places in the City and that the City should take care of these "loose ends". There followed discussion of the City's rights to some of these rights-of-way by way of use, etc. and the City's on-going project of acquiring such rights-of-way as the money was available, etc. Mayor Figenshow pointed out that the Council was presently going through a Capital Improvement Plan porcess to determine the priorities and thus be better able to plan for the necessary things a budget time. CORRESPONDENCE Manager Olander read a letter from Publishers Forest Products Comapny thanking the Council for their support in Publishers' request for an extension of a variance from the requirements of the Northwest Air Pollution Authority. The extension was granted after a public hearing on June 10, 1981. OLD BUSINESS - REZONE REQUEST OF BUEHL BERENTSON At the meeting of June 8,1981 Council tabled the decision on a motion on this request for rezone of property located at the north end of the Anacortes airport. The Council wished to visit the property and further consider the matter. Before again considering the proposed motion, correspondence was read as follows: letter from Mr. Jack Hill, owner of the property on the west side of the subject parcel. Mr. Hill said he would like a buffer strip between his property and the rezoned area if it were granted. A letter from Mr. Berentson setting forth his proposals resulting from the deliberations to date as follows: (1) to hold 40 feet of the east end of his property for future public roadway and utility pruposes at such time as the City would acquire other dedications or acquisitions from other abutting owners along the east end of the -property; this 40 feet of land would not be included in the gross area for purposes of maximum building coverage, parking requirements, setback measurements or any other purposes under the use restrict- ions of an LM zone; (2) 30 feet on the south line of his property to be held in the same manner and under the same conditions as the 40 feet on the east side; (3) a 50 -foot setback on the west end of the property abutting the street right-of-way instead of the 10 feet now allowed under the requirements in an LM zone; (4) there would be no expanded access to his property from Oakes Avenue. A view foil map was shown of the area in question. Mayor Figenshow reported the Council had visited the area and wished to with- draw his second to the motion made by Councilman Kiel on June 8,1981 granting the rezone subject to the stipulations as subsequently listed in Mr. Berentson's letter. This withdrawal voided the motion for lack of a second. There was discussion about the ownership of Anacopper Road and it was determined that because it has been used by the public for more than seven years, it has become public property; this was confirmed by the City Attorney. There was discussion about the right-of-way along Oakes Avenue abutting the subject property, the smaller piece of land owned by Mr. McKee which jogs into the subject property, etc. Councilman Cleland indicated he would like to see the west boundary of the LM zone run from the southwest corner of Mr. Berentson's property directly north to Mr. McKee's property and then north- east along the southeast boundary of McKee's property and extending northeast to the north property line of Berentson, and then east to Anacopper Road. A view foil was shown indicating this proposal. Mr. Cleland also felt there should .be a 20 -foot construction setback in the LM zone from any adjacent RL zone; and that no access be permitted to or from the LM zone to Oakes Avenue through the adjacent RL zone. Mr. Berentson, 3307 "H" Avenue, then addressed the Council and suggested, instead of a 50 -foot buffer along Oakes Avenue, that a 100 -foot green belt be left along Oakes Avenue which would allow residential lots. Another view foil was,shown with this proposal. Councilman Kiel was still concerned about possible access into the proposed LM zone through the McKee property and Mr. Berentson said it would not be impossible, but would be very improbable. June 15, 1981 - - - -continued: He proposed, to prevent such access, that.a covenant be drawn which would run with his land which would prohibit access through the RL zone. Manager Olander pointed out that a 100 -foot RL zone along the west side of Mr. Berentson's property would allow only residential lots which he did not think was good platting; Mr. Berentson did not agree; Councilman Moore agreed with Mr. Berentson. Councilman Kiel then moved that the rezone be granted with the northwest boundary to be set back 100 feet from the Oakes Avenue right-of-way (as shown on view foil titled "Alternate B"). leaving the area zoned RL between the LM zone and Oakes Avenue and accepting the four additional conditions as outlined by Mr. Berentson. Seconded by Mr. Moore. Mr. Cleland then moved to amend this motion further to the effect that there be a 20 -foot construction setback in the LM zone from any adjacent RL zone. Seconded by Mr. Rock. Vote on this amendment: Kribs-yes. Separovich--yes. Figenshow--no. Cleland --yes. Kiel --yes. Moore --yes. Rock --yes. Amendment carried. Mr. Cleland then moved to amend the mntion further to the effect that no access be permitted to or from this LM zone to Oakes Avenue through the adj.?cent RL zone. Seconded by Mr. Kiel. Vote on this amendment: Separovich--yes. Figenshow-- Cleland--yes, Kiel --»Ps. Moore--ves. Rock--ves. Kribs--ves. Amendment carried. Mayor Figenshow then called for the'vote on the original motion as amended: Vote: Figenshow—yes, Cleland --no, Kiel --yes, Moore --yes, Rock --no, Kribs--no, Separovich--no. Motion failed. Councilman Kiel asked the Council members who voted "no" if they had another motion to offer. Councilman Rock said he felt that the proposal which draws the LM boundary in a straight line north from the northeast corner of Mr. Hill's property to the southeast corner of Mr. McKee's property (known as Alternate B) was abetter proposal. After additional discussion, motion by Mr. Cleland, seconded by Mr. Rock, that instead of the 50 -foot buffer strip, Alternate "A" be accepted and the west boundary of the LM zone run from the southwest corner of Mr. Berentson's land directly north to Mr. McKee's property and then northeast along the southeast boundary of McKee's property and extending northeast to the north property line of Berentson, and then east to Anacopper Road. „Under discussion, it was pointed out that this proposal would leave a piece of land just over 4,000 square feet in area east of Mr. McKee's property which would not be large enough to do anything with. Mr. Rock withdrew his second to this motion. Mr. Cleland then moved the Council accept Alternate "A" as he described in his previous motion adding the acceptance of the 40 -foot strip for right-of-way on Anacopper Road; the 30 -foot right-of-way on the south boundary; a 20 -foot construction setback in the LM zone; and that no access be allowed through or from Oakes Avenue to the LM zone. Seconded by Mr. Separovich. Mr. Berentson objected to the 20foot construction setback in this proposed motion pointing out there was a 20 -foot rear yard setback required in an RL zone and a 10 -foot set- back reqired in an LM zone. Mr. Kiel asked Manager Olander to read from the zoning code the permitted uses in an LM zone and then said he felt the motion under consideration was not a good one. Mr. Cleland said he would withdraw the 20 -foot construction setback condition; this was also accepted by Mr. Rock. There was additional discussion on possible use of the remaining RL zoned property owned by Mr. Berentson and it was brought out that there was nothing to preclude a street within the LM zone to get to the RL zone. Mr. Berentson again said he would be willing to covenant with the City to prevent access through the RL zone. Mrs. Kribs moved to amend Mr. Cleland's motion to have the small remaining RL section enlarged to the point of a normal size RL building site, 7,500 square feet. Seconded by Mr. Rock. Vote: Ayes --Cleland, Rock, Kribs. No --Kiel, Moore, Separovich, Figenshow. Motion failed. Mayor Figenshow then called for a vote on the original motion of Mr. Cleland. Vote:KIel--no, Moore --no, Rock --yes, Kribs--yes, Separovich--no, Figenshow--no, Cleland --yes. Motion failed. Mr. Kiel then moved that the Council reconsider his previous motion which was for acceptance of boundary lines as shown on Alternate B and included the 100 -foot strip to remain as RL along Oakes Avenue, the 40 -foot strip along Anacopper Road for future public roadway, the 30 -foot strip between the airport'and the south boundary of Mr. Berentson's property, and no access through the RL zone to the LM zone from Oakes Avenue. Seconded by Mr. Moore. There was some discussion about the propriety of this motion and it was deemed proper. Vote: Moore --yes, Rock --no, Kribs--no, Separovich--yes, Figenshow--yes, Cleland --no, Kiel --yes. Motion carried. RIE 41 15, 1981 - - - - continued: City Attorney was instructed to prepare the necessary ordinance and agreements for Council's next meeting. There was a recess from 9:25 p.m. to 9:30 p.m. CONTINUATION OF CONSIDERATION OF PROPOSED MOBILE HOME SUBDIVISION - "Singing Hills". Mayor Figenshow asked Mr. Kinzel to show the view foil map of the location of this proposed mobile home planned unit development and.to briefly outline the proposal. Manager Olander read the following correspondence received since the last meeting: a letter from Mrs. Ralph R. (Colleen) Scott, 4008 29th St., indicating she felt the City needed= a mobile home park, but that it should not be located in a low residential area. She gave several reasons for this and said she felt the Council should make no decision until the.Comprehensive Plan was completed and/or the traffic problem in the west end solved. Also, a letter from Mr.. W. C. Rockwell, 4015 Airport Road, urged the proposal be denied because he felt it would locate too many residential units too close to the airport and he did not feel it was compatible with adjacent land uses. A letter from the proponent, Kendall Gentry, listed('a summary of the findings relating to the proposed Planned Unmet Development indicating the developer had complied in all respects to the requirements of the code; had agreed to all the -conditions recommended by the Planning Commission and City staff and asked that a decision be made. The public hearing on this matter was concluded at the Council meeting of June 1, 1981. The Council and City staff then discussed in detail several different aspects relating to the proposal including: the criteria and methods of determining the bonus density percentages allowed in the Residential Planned Unit Development section of the code; the streets which could possibly be opened for access into or through the development and their present status of being opened. (West 3rd, West 4th, West 5th, West 6th, includi:ng-the•cross-'st're'ets of Minnesota,'Illinois, Kansas, etc.) Mr. Gentry presented the Council with a petition signed by residents and property owners of Anacortes who had reviewed the site plan for the proposal and stated they wish and need this type of housing in Anacortes, that the developers have proposed a desirable plat for the community and asking for its approval. The petition had 151 signatures. Mr. Kiel commented that this petition was signed by several residents who lived on 12th Street or Oakes Avenue. There was additional discussion among the Council members about the original grid system of streets with Councilman Moore commenting he felt this type of proposa4nterferred with the logical, orderly development of that part of the City under the grid system and Councilman Cleland pointing out that the City's PUD system conflicts with this concept and Mrs. Kribs saying she felt the proposal would set the tone for the area and, if allowed, would not be con- sistent with what the City wishes. Mayor Figenshow reminded the Council this proposal has been in the "works" for over nine months now and the proponent deserved a reply. The Council again reiterated various objections and road blocks which have come to light during consieration of the project. Motion by Mr. Moore that the proposal be denied. Seconded by Mr. Rock. Under discussion, Mr. Moore was asked his reasons and he reiterated he felt it was an interruption of the logical development of the area; was contrary to the best interests of the community. and did not take into consideration the long range development of the City. At this point, representatives of the developer addressed the Council and expressed their dismay at Council's objections after their compliance with all the code requirements, requested conditions, etc. Councilman Cleland said he did not believe the Council should deny the proposal because it did not fit the grid system. Mayor called for vote on the motion: Moore --yes, Rock --yes, Kribs--yes, Separovich--no, Figenshow--no, Cleland --no, Kiel --no. Motion failed. Mr. Kinzel again read the recommended conditions proposed by the Planning Commission as stated in detail in the minutes of the Council meeting of May 18, 1981. Mr. Olander reminded the Council they also discussed requir- ing deeding the added strip on the east side of the plat to the property owner's association; and that instead of requiring the paving of the developer's portion of Anacopper Road, he be required to participate in an LID for that road; that the southern roadway inside the PUD be developed to a full exit to Anacopper Road instead of just as an emergency exit. The developer also had said he would agree to delay any 1 '1 June 15, 1981 - - - - - continued: residency in the development for a period of one year from date of approval. It was also suggested that possibly the northern "hammer -head" street be put through to Ohio Street. There followed discussion of the developer's area for storm water retention, its purpose and action. There was additional discussion of the density bonus points under the RPUD process and the necessary criteria. Mayor Figenshow asked how the Council could possibly reduce the density which had been calculated and Attorney Mansfield advised (along with Manager Olander) that the Council would have to determine that the density as earned would be detrimental to the public health, safety and welfare or generate too much traffic, etc. Mr. Figenshow said he felt Anacortes needed a mobile home park, but that the bonus points should not have been given; that there were too many units planned for the small piece of ground. Attorney Mansfield advised the Council that if they felt the density was too high, or the demand on utilities too great, or the overall impact on the community detrimental, they could require the entire plan to be re -done. Mr. Moore said he felt there should not be more than 4 units per acre. At this point, Mr. Gentry reminded the Council that he had proposed a much larger development on 18 acres with each space having 5,000 to 7,000 square feet, but the Anacortes ordinance would not allow anything of that size. Mr. Natt Washington, consultant for the developer, again went over the items they had complied with in order to acquire the bonus density points; Mr. Gary Klockenteger, cost analyst, answered some questions concernin g the percentage of the density; there were comparisons of lot coverages under the RPUD, RL and RM; more discusssion on a possible LID to improve Anacopper Road with other property owners participating; how an improved road would match up when additional right-of-way was acquired; etc. Mayor Figenshow then said he would like.to suggest the -Council, consider ,•;-• adding the following conditions to the already -agreed -to 13 conditions listed by the Planning Commission and staff; (1) the developer agree to participate in an LID for the -improvement of Anacopper Road and, if it were not completed within 18 months, that the developer would go ahead and do his own portion of the paving to City standards; (2) the developer would provide a left -turn lane on Oakes Avenue to Anacopper Road; (3) the develop- er would make a full•road exiting onto Anacopper Road instead of the cul - d -sac at the south end of the project (4) delay any residency for one year; (5) provide a 6 -foot paved trail all the way around the perimeter of the project; and (6) reduce the sendity by 15%, or 52 units. Motion by Mr. Separovich to that effect. Seconded by Mr. Kiel. After additional dis- cussion on the number of units permitted in the project, Mr. Moore moved to amend the motion that there be 50 units allowed instead of 52. Seconded by Mr. Kiel. Vote on the amendment: Ayes--Kribs, Separovich, Figenshow, Kiel, Moore. Noo-Rock and Cleland. Amendment carried. Vote on the original motion: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore. No --Rock. Motion carried. Motion was then made by Mr. Kiel, seconded by Mr. Cleland, that the project be approved subject to the 13 original conditions suggested by the Planning Commission, the subsequent 6 conditions just approved by the Council which allowed only 50 units, so that the intent of the Planning Commission's requirements and those just passed are all included in the final resolution of approval that the Council will be voting on formally next meeting. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel. No-- Moore, Rock, Kribs. Motion carried. Mr. Rock commented that the Council had approved a lot of development in the west end during the past 3 years and the Council should now be ready to .address the traffic problem in the area. Mr. Kiel agreed. NEW BUSINESS - PUBLIC HEARING ON REQUEST FOR STREET VACATION Councilman Separovich noted that it was long past the hour for the Council to pass good judgment. Mr. Rock agreed and moved to table this item (a) under new business to the next meeting.. Seconded by Mr. Kiel Vote: All ayes --motion carried. ORDINANCE - "NO PARKING' ZONES ON SKYLINE WAY AND HUGHES LANE Public Works Director, Dave Ford, explained this proposed ordinance to prevent parking on the east side of Skyline Way, between Hughes Lane and Kingsway, and on the north side of Hughes Lane from Skyline Way west to the center of the cul-de- sac was to relieve the congestion in those areas particularly on the weekends. 142 June 15, 1981 - - - -continued: These "no parking" areas are recommended by the Traffic Safety Committee. From the audience, Sheldon Kochel.advised the Council that neither of these streets had been accepted by.the City of Anacortes and did not meet City code. Mr. Ford assured the Council that this was not true, that both streets had been accepted and were completely up to City standards. A view foil of the location was shown and, after additional discussion, Attorney Mansfield read, by title, the ordinance authorizing the parking restrictions. Motion by Mr. Rock, seconded by Mrs. Kribs, that the ordinance be passed and approved and given ORDINANCE NO. 1853. Vote: All ayes --motion carried. ACCEPTANCE OF CATHODIC PROTECTION PROJECT Council was advised by Mr. Ford that the installation of a cathodic protection system on the 16 -inch and 20 -inch steel water lines running from Longview Avenue to 20th Street had been completed; allowed to operate for some time to assure they functioned properly and then monitored for approximately 6 months before the final report was provided by the Norton Corrosion Company who installed the system. The protection is being provided and all systems are operating according to design. Mr. Ford recommended the project be accepted by the Council in order to begin the 30 -day lien period and also that staff be authorized to release the retainage at the end of that 30 days provided no claims are received. Motion by Mr. Kiel, seconded by Mr. Cleland, that this project be accepted as recommended and that staff be authorized to release the retainage at the end of the 30 -day period if no claims are received. Vote: All in favor, motion carried. There being no further business to come before the Council, meeting adjourned at 11:15 p.m. v� Ida Rolph, Ee util Secretary x July 6, 1981 Z- 5 � �4K. S. FiF�Z M&yor 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. Absent: Charles Kiel, Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Rock, that the minutes of the previous meeting held on June 15, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. OLD BUSINESS - ADOPTION OF 1979 BUILDING AND FIRE CODES City Manager, Robert Olander, addressed the Council explaining the proposed ordinance before Council was an updating of the codes, and that it was possible for the Cltyci.1. to adopt the Uniform Building Code with more stringent requirements, but not less. The ordinance does include an amended fee schedule which shows a 25% increase in the 1976 fee structure. Mr. Mansfield read the ordinance by title. Mr. Cleand moved that.the ordinance be adopted and given a number. Motion seconded by Mr. Rock. Under the question, Mr. Separovich stated in his opinion this was a form of tax and that some other means should be considered. Mrs. Kribs inquired how many build&rs contributed to this, and was this really a satisfactory alternative to what was originally proposed. Mr. Olander then gave background information on how this structure was arrived at, and that at the last study session it was determined that 25% *,..increase in the fee structure over the 1976 rates would cover costs of building inspection for 1981. Mr. Separovich stated he stood firm on not raising taxes, and perhaps this could be looked at during budget process. Mr. Olander explained that Council has held the philosophy that there was no profit to be expected, but merely a fee to cover the cost of building inspection; therefore, that is the way the fee structure had been made up. Mrs. Kribs commented that something like this would effect a large amount of people in town, and felt that this.item should be tabled until full Council was in attendance to vote. Mr. Cleland noted that this would affect the general taxpayer if the fees were not raised, and this should not be done to cover Building Department costs. Mrs. Kribs moved that matter reaardinq Building Department Codes and fees be delayed for two weeks until a full quorum of Council is present. Mr. Rock seconded the motion. Vote: Ayes--Kribs, Separovich, Rock. Nayes-- Figenshow, Cleland. Motion carried. 1 1 1 July 6, 1981 - - - - - -continued: OLD BUSINESS - REZONE ORDINANCE AND AGREEMENT - PROPERTY NORTH OF AIRPORT Steve Mansfield, City Attorney, addressed Council giving the background information on the proposed rezone request by Mr. Buehl Berentson; and he detailed the proposed ordinance and agreement attached. Mr. Separovich commented that this covered all points, and he moved that the ordinance to amend the zoning map be adopted and given a number. Mr. Rock seconded the motion. Under the question, Mr. Cleland inquired if a certain piece of property would be affected by the 100 -foot buffer .strip, and Mr. Olander stated it would, and was included in the description. After brief discussion, Mr. Cleland moved that the subject be.tables until full Council is in attendance. Mrs. Kribs seconded the motion. Vote: Ayes --Cleland, Kribs. Nayes--Separovich, Figenshow, Rock. Motion defeated. Vote on original motion to adopt ordinance amending zoning map: Ayes-- Figenshow, Separovich. Nayes--Cleland, Rock, Kribs. Motion failed. Mayor Figenshow noted that this matter would be taken up at the next regular meeting. NEW BUSINESS - REQUEST FOR STREET VACATION, LOTS 6, 7, BLOCK, 912, NORTHERN PACIFIC ADDITION PUBLIC HEARING Mayor Figenshow explained that the street vacation request, petitioned for by Mr. Buehl Berentson, would be a public hearing and stated the procedure which would be followed. He then declared the public hearing to be open. Mr. Kinzel, Director of Community Development, displayed a transparency and indicated the subject area, commenting that he had received no objections from City staff_ regarding this request. When asked, Mr. Berentson stated he had no further information to offer on the matter. Mr. Dave Ford, Director of Public Works, explained the background of the request and noted that because of the steepness of grade of the street, it was decided that it probably would not be used for street purposes. Mr. Rock inquired if there was an appraised value on the property, and Mr. Kinzel responded that this would be done in house and would have to be agreed to by Mr.- Berentson. After further discussion, Mayor Figenshow declared the hearing to be closed. Mr. Mansfield read the ordinance, and Mr. Separovich moved that this ordinance be adopted and given ORDINANCE NO. 1854. Mrs. Kribs seconded the motion. Ayes --Cleland, Rock, Kribs, Separovich, Figenshow. Motion carried. CONTRACT - COMMUNITY HEALTH COUNCIL Mr. Olander addressed the Council and explained the origination of the Community Health Council which was started by Duane Lowell, Superintendent of the Anacortes School District, to combat drug and substance abuse in the community. He stated this resolution would be an agreement between the Health Council and the City Library. Mr. Mansfield then read the resolution by title. Mr. Separovich moved that this resolution be adopted and given RESOLUTION NO. 664. Mr. Cleland seconded the motion. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. GENERAL PROVISIONS ORDINANCE Mr. Mansfield explained that this ordinance had been discussed at the last study session; and that the City is recodifying the City Codes, and the final result will be an Anacortes City Code which will be easy to use by all and kept up to date. The ordinance establishes general provisions, definitions and penalties applicable to ordinances adopted by the City. May Figenshow inquired if this would affect City policing of City lands outside the City limits and Mr. Mansfield responded they would not maintain authority outside the City. Mr. Cleland moved that the general provision ordinance be adopted and given ORDINANCE NO. 1855. Mr. Rock seconded the motion. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Rock. Motion carried. At this time, Mr. Separovich asked that at the next study session City Council discuss ways of people cleaning their lands and town so that Anacortes may be a better,:place to live. There being no further business to discuss, Mayor Figenshow declared the meeting adjourned at 8:1,5 p.m. Cherry Monahan, Secretary pro tem K._S.,tig_Z }6 , Mayor f �1 July 20, 1981 Meeting called to order at 7:30 p.m. by Vice -mayor, Ray Separovich. Invocation was offered by Rev. V. J. Bachman of the Westminster United Presbyterian Church. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Charles Kiel and Ken Moore. Knute Figenshow and Tom Cleland were excused. MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mrs. Kribs, that the minutes of the previous meeting held on July 6, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Kiel, Moore. Motion carried. CORRESPONDENCE Mr. Separovich read a letter he had received from Representative Pat Fiske concerning the stop light at 22nd Street. CITIZEN HEARINGS In response to Mr. Separovich's invitation to speak on any subject not listed on the agenda, Sergeant O'Leary of the Anacortes Police Department addressed the Council, gave them an advertising brochure, and asked that they participate in the Police Department's "Dunk Tank" booth during the Arts and Crafts Festival on August 1st and 2nd. Sgt. O'Leary advised that the proceeds from this endeavor go to the Anacortes Police Officer's Association for their community services. OLD BUSINESS - 1979 BUILDING AND FIRE CODES City Manager Robert Olander briefly reviewed the Council's deliberations concerning the 1979 Building and Fire Codes indicating that the Council favored only a 25% increase in rates over the 1976 rates rather than the higher rates listed in the 1979 fee schedule. Other minor changes made by the Council also were included in the proposed ordinance. Mr. Olander read, by title, the proposed ordinance adopting the 1979 Uniform Building, Mechanical, Housing, Fire, Plumbing, etc. Codes with Council's changes. Motion by Mr. Kiel, seconded by Mr. Rock, that the ordinance be passed and given ORDINANCE NO. 1856. Under the question, Mrs. Kribs asked why the fee schedule had to be part of the ordinance and Mr. Olander expl&ined that the fee schedule was part of the Uniform Code and, in order to amend the fee schedule, it had to appear in the ordinance as an amendment to the Code. Councilman Moore inquired whether the Codes included any standards for energy conservation as have been adopted in other parts of the country and Mr. Olander pointed out it did include the Washington State Energy Code which became effective in June of 1980 - also, at any time in the future, amendments could be made regarding energy. Vote: Ayes--Kribs, Separovich, Kiel, Moore, Rock, Motion carried. STREET IMPROVEMENT. ORDINANCE Manager Olander stated this was another ordinance which had been studied by the Council for some time before its passage last year. The purpose was to develop some standards regarding old plats not requiring present-day improvements. The original ordinance, after a year of being in effect, presented some problems and the proposed new ordinance corrected the deficiencies. From the audience, Mr. Dick Dildine, 1211 6th Street, said he felt the opportunity to waive the required improve- ments by execution of an agreement not to oppose an LID for the improvements was a "loophole" for developers. Mr. Olander explained this was not the case because the waiver could only be granted on a single family or duplex residential structure proposed to be built on arterials. Mr. Olander then read, by title, the proposed ordinance. Motion by Mr. Moore, seconded by Mr. Kiel, that the ordinance, as revised, be adopted and given ORDINANCE NO. 1857. Vote: Ayes--Separovich, Kiel, Moore, Rock, Kribs. Motion carried. NEW BUSINESS —RESOLUTION AUTHORIZING AGREEMENT WITH EMERGENCY MEDICAL SERVICES COUNCIL Fire Chief Cecil Little, addressed the Council and said the proposed agreement with the Skagit/Stanwood/Camano Emergency Medical Services Council is basically the same agreement as was in effect for 1980 with the exception of an increase in revenues. There was discussion of the source of the revenues and their districution.. Chief Paramedic John Morphy answered some questions from the Council. Manager Olander read, by title, a proposed resolution authorizing execution of the agreement for 1981. Motion by Mr. Rock, seconded by Mr. Kribs, that the resolution be adopted and given RESOLUTION NO. 665. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich. Motion carried. RESOLUTION - JOINT SPHERE OF INFLUENCE AGREEMENT Manager Olander pointed out that some time back the City had adopted.a resolution and exeucted an agree- ment with Skagit County concerning land use and development -related decisions by both entities. The County has now decided they wished some alterations in the original resolution. Mr. Olander described the changes and said he felt all the additions suggested appeared fair and reasonable and he 1 1 1 1 1 1 July 20, 1981 - - - - -continued: recommended the revised resolution be adopted. After a brief discussion, motion by Mr. Moore, seconded by Mr. Kiel, that the amended resolution be adopted and given RESOLUTION NO. 666. Vote: Ayes --Moore, Rock, Kribs, Separovich, Kiel. Motion carried. WASHINGTON PARK FLOAT PROJECT Parks Director Steve Colby advised the Council that this project is now completed to the entire satisfaction of the City. He requested acceptance of the project as complete and the 30 -day lien period started and that staff be authorizedto release the retainage of $7,595.20 at the end of that period provided no valid claims are submitted during that time. There was some discussion of the costs and it was pointed out that the whole project was completed for much less than originally anticipated. Councilman Kiel asked if there was any insurance on this capital improvement and Manager Olander agreed to look into it. There was some discussion about the advisability of removing the floats in bad weather, etc. Motion by Mr. Kiel that the project be accepted, the 30 -day lien period initiated and the 10% retainage released at the end of that period if no claims are received. Seconded .by Mr. Rock. Vote: Ayes --Rock, Kribs, Separovich, Kiel, Moore. Motion carried. AMENDMENT TO 1981 BUDGET ORDINANCE - LIBRARY PLANNING GRANT Manager Olander advised that last year the Council authorized the Library to apply for a Planning Grant from the State. It was granted and now it is necessary to make some amendments to the 1981 Budget to account for the revenues and expenditures resulting from this grant. It wzs a 100% grant, the City is not required to expend any funds on the .project. There was a brief discussion of the purpose of the grant and the work expected to be accomplished. Mr. Olander then read the proposed ordinance by title. Motion by Mr. Kiel, seconded by.Mrs. Kribs, that the ordinance be passed and given ORDINANCE NO. 1858. Vote: Ayes--Kribs, Separovich, Kiel, Moore, Rock. Motion carried. Mr. Separovich asked whether the City had purchased some wild cat or skunk traps. Mr. Olander said it was an item that had been cut out of the budget, but possibly could be reconsidered. Mr. Olander requested a.brief executive session to discuss labor negotiations. There being no further business to come at 8:45 p.m. J4.,,l —a Ida Rolph, Exec ive% Secretary August 3, 1981 before the Council, meeting adjourned � K. S. Ft��how, Mayor Meeting called to order at 7:35 p.m. by Mayor Knute Figenshow. There was no miniter present to offer the Invocation. Roll Call found present: Bud Rock, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. Karolyne Kribs was absent. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Cleland, that the minutes of the previous meeting held on July 20, 1981 be approved as if read. Vote: Ayes --Rock, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. . CORRESPONDENCE There was no correspondence to be heard by the Council. CITIZEN HEARINGS In response to the Mayor's invitation to speak on any subject not on the agenda, Pres Holton, 2320 11th Street, addressed the Council and congratulated the City on the clean-up of the downtown area after the Arts and Crafts Festival over the past weekend. OLD BUSINESS - REZONE ORDINANCE AND AGREEMENT - BERENTSON Mayor Figenshow delayed this agenda item to see if Councilwoman Kribs would be in attendance a little later. NEW BUSINESS - 1981 SKAGIT COUNTY SOLID WASTE PLAN Manager Olander briefly reviewed the major aspects and effects of the plan stating this was required by state law of all counties in the state in cooperation with the various cities in each county. The Council had previously studied the plan in detail. City Attorney Mansfield read, by title, a proposed resolution authorizing acceptance and approval of the plan. Motion by Mr. Separovich, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 667. Under the question, Councilman Moore asked about the rates and Manager Olander advised the rates would be negotiated under a separate agreement. This resolution adopts only the concept of the Poan. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore Rock. Motion carried. 11t► Meeting of August 3, 1981 - - - - continued: PUBLIC HEARING - SIX-YEAR STREET PLAN Mayor Figenshow declared a public hearing hearing open to consider the proposed updating of the City's Six -Year Street Plan. Engineering Supervisor Jim Pemberton reminded the Council that this plan is required by state law to be updated annually and filed with the Secretary of Transportation. Any projects the City might consider must be included on this list before it could be approved for any possible state or federal funding. Mr. Pemberton showed a transparency on which were listed 12 projects and their approximate cost. He briefly discussed each of the following 12 projects: (1) "R" Avenue overlay (northbound lanes); (2) 32nd Street, Commercial to "I" Ave; (3) 32nd Street, "I" to "D" Ave; (4) "D" Avenue, 12th to 37th; (5) 37th Street "A" to "D" and "A" Avenue 37th to City limits; (6) Miscellaneous pavement overlays; (7) "0" Avenue overlay, 2nd to 6th; (8) intersection of Whistle Lake Road & Hillcrest Drive; (9) West 4th Street, Anacopper to Clearidge; (10) 22nd and Commercial traffic signal; (11) West end grid system; (12) intersection of "0" Avenue and Fidalgo. Mr. Pemberton stated that several of these projects are now in the design stage. There were various questions from the Council on the different projects and Councilman Cleland said he felt the improvement `of Anacopper Mine Road from the airport to Oakes Avenue should be included. From the audience, Mr. Pres Holton, 2320 11th Street, said he did not under- stand several of the items; particularly, if West 4th Street were extended, where would it eventually end? Mr. Pemberton said that street was named because it most clearly identified the point between the Port property and Mr. Berentson's property. Councilman Moore disagreed with this and said he felt the title should state West 3rd/4th Street which would indicate a more general locale. There was additional discussion of possible future streets on already -platted rights-of-way, etc. and Councilman Kiel noted that City planning has not progressed to the point where it has been determined what actually will be done toward opening an additional west end road. Dick Dildine, 1211 6th Street, addressed the Council and said he felt some- times the items listed tend to become "cast in concrete" when they appear year after year; and he believes West Second street would be a good line of demarcation and run parallel with Oakes Avenue. Councilman Separovich said he felt a list of stop lights should be included instead of just the 22nd Street light. Other Council members felt the City should wait until the 22nd Street light is in .and Manager Olander said the State Transportation Department recommended a study of the whole traffic flow along Commercial Avenue. Mayor Figenshow declared the public hearing closed. Attorney Mansfield read, by title, a resolution authorizing approval of the Six Year Street Plan. Motion by Mr. Kiel, seconded by Mr. Separovich, that the Council adopt the Street Plan with the addition of the 13th item of improvement of Anacopper Mine Road from the airport to Oakes Avenue and the resolution be adopted and given RESOLUTION NO. 668. All in favor, motion carried. Mayor Figenshow then referred back to the item of Old Business deferred earlier. ORDINANCE - REZONE OF BERENTSON PROPERTY NORTH OF AIRPORT This rezone was granted by Council at their meeting of June 15, 1981 with a list of require- ments to be set forth in a separate property use development agreement. Attorney Mansfield read, by title, the ordinance granting the zone change subject to the conditions of the property use and development agreement attached thereto. Motion by Mr. Kiel, seconded by Mr. Separovich, that the rezone ordinance and attached Property Use and Development Agreement be adopted. Under the question, Councilman Moore asked if the agreement, as drawn, was acceptable to Mr. Berentson and he was advised it had been approved by Mr. Berentson. Vote: Ayes --Kiel, Moore, Separovich, Figenshow. No --Cleland, Rock. Motion carried. ORDINANCE NO. 1859 was assigned REQUEST FOR VACATION - PORTION OF "0" AVENUE - KNUDSON Ken Kinzel, Community Dvelopment Director, reviewed the request on which the Council held a public hearing on May 18, 1981. At that time, the Council referred the applicant to the Board of Adjustment to request a variance as a resolution of his problem. Attorney Les Johnson, representing the applicant, submitted additional information to the Council alleging that the variance procedure was not appropriate; that there were no other reasonable alternatives and that the requested vacation should be approved, and setting forth his reasons therefor. There followed detailed and extensive discussion of the matter much the same as was brought out in the previous meeting with Mr. Johnson finally requesting a decision and the facts on which it was based. After some additional discussion, motion by Mr. Moore, seconded by Mr. Kiel, August 3, 1981 - - - - -continued: that the petition be denied becasue (1) the street may, in the future, be needed for public access and travel; (2) the vacation of the portion of "0" Avenue requested is not in the public interest at this time; (3) a possible remedy exists to resolve the problem by making application for a variance to the Board of Adjustment; (4) a safety problem might exist if a variance was granted has not been proven. Vote: Ayes --Kiel, Moore, Figenshow, Cleland. Not -Rock, Separovich. Motion carried. CONTRACT WITH CONSULTANT ON PHASE II OF FLOOD STUDY Council was informed that the Phase I of the Water Treatment Plant Flood Study had been completed and reported on to the Council. The next phase would be work to evaluate alternatives and provide costs for methods of preventing damage to the plant from flooding. A revised Scope of Work and supplemental agreement for this second phase has been developed and staff requests permission to execute said agreement with Moore, Wallace & Kennedy and Company. Attorney Mansfield read a proposed resolution, by title, authorizing and directing execution of the agreement as presented. Motion by Mr. Separovich, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 669. Vote: Ayes -- Moore, Rock, Separovich, Figenshow, Cleland, Kiel, Motion carried. ORDINANCE AMENDING 1981 BUDGET Further to -the Council's approval of the Washington Park floats project, Finance Director has advised that the City received additional revenue in the amount of $350 from the sale of bid plans. To properly show this revenue and balance an overexpenditure in the sum of $259.77, an ordinance amending the 1981 budget is necessary. Attorney Mansfield read the ordinance by title. Motion by Mr. Rock, seconded by Mr. Cleland, that the ordinance be adopted and given ORDINANCE NO. 1860. Vote: Ayes -- Rock, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. ACCEPTANCE OF TRANSMISSION LINE FRANCHISE Mr. Pemberton reviewed the memo- randum which explained that.the City operates and maintains some 40 to 45 miles of water transmission mains in Skagit County; and almost two-thirds of this line is within the right-of-way of State Route 20. Therefore, the City is required by the State Department of Transportation to execute a franchise agreement with the State which grants the City the right to construct, operate and maintain the mains in the state right-of-way. The franchise proposed to be executed combines all previous franchises into one document and the conditions stated in this franchise are in effect now and have been previously and pose.no problems to the operation and maintenance of the water mains. Staff recommended the franchise be executed. Motion by Mr. Separovich, second- ed by Mr. Cleland,, that staff be authorized to execute and accept the con- ditions of the franchise. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. RESSOLUTION AUTHORIZING BALLOT AND TITLE FOR NOVEMBER GENERAL ELECTION Attorney Mansfield read in full a proposed resolution authorizing and directing the holding of an election within the City of Anacortes to determine whether the City of Anacortes shall abandon the Council -Manager form of government under which it currently operates. This resolution became necessary because a petition was filed with the City Clerk signed by qualified voters in numbers required to allow its being placed.on the ballot of the next election. Motion by Mr. Kiel, seconded by Mr. Separovich, that the resolution be adopted and given RESOLUTION NO. 670. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Separovich. Motion carried. Mayor Figenshow stated this is a drastic move by certain people in the community and .he felt it behooved the members of the Council, if they believed in the present form of government, to start speaking out and making positive state- ments -..as to why the present form.of government is in the best interests of the community; that the present plan has accomplished a great deal and the City is better managed than it has been in the past 35 years; that to encourage the retention of the present Council -Manager form of government would be for the good of the people of Anacortes. He then asked the Council to remain for a brief executive session on personnel matters. There being no further business to come before the Council, meetin adjourned at 9:00 p.m. Ida Rolph, Executi�e Secretary K. S. $ige h Mayor August 17, 1981 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. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Rock, that the minutes of the previous meeting held on August 3, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. CORRESPONDENCE There was no correspondence to be read. CITIZEN HEARINGS Mayor Figenshow invited anyone in the audience to address the Council on any item not on the agenda. Mr. Kenneth R. Brown. 1404 22nd Street, read a prepared statement in which he asked the Council to reconsider a recent decision to let go the City's Community Development Director, Ken Kinzel. He gave his reasons as: it was.having a polarizing effect on the community and destroying confidence in the Council and that the reason given for the dismissal was "capricious and political in nature". In response, Mr. Figenshow stated it was the goal of the City administration to continue efforts to improve personel on the staff and look at the best way to manage the City's business; that the move was made with that thought in mind and with the concurrence of the entire Council. OLD BUSINESS There was no old business to be considered by the Council. NEW BUSINESS - ORDINANCE REPEALING OUTDATED ORDINANCES FOR CITY RE -CODIFICATION PROJECT City Attorney, Stephen Mansfield, said this project was begun quite some time ago and has now progressed to the point where it should be completed shortly. He advised .that Book Publishing Company, who had been given the job, suggested repealing some 62 old, outdated, superseded or just plain obsolete ordinances in this.process. Mr. Mansfield had copies of all the subject ordin- ances and invited anyoe interested in any specific ordinance to review it. He read, by title, a proposed ordinance which would repeal the 62 old ordinances. The title listed all ordinances by number. Fore the benefit of the audience, he read several of the old ordinances by title as examples of the ones being repealed such as: No. 6 which said the Council should hold a meeting every Saturday night at 7:00 o'clock; and No. 178 which provided for the election by the Council of a Police Justice and other such officers as the Council deemed necessary; and No. 334 (as an example of an ordinance which had been super- seded by later ordinances) which prohibited the emission of dense smoke, etc. During Mr. Mansfield's reading of the example ordinances, Councilman Ken Moore entered the meeting. Mr. Cleland then moved, and Mrs. Kribs seconded, that the ordinance repealing all 62 of these old ordinances be passed and given ORDINANCE NO. 1861. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. RESOLUTION AUTHORIZING CONTINUATION OF URBAN RENEWAL WARRANTS Finance Director, George Khtaian, advised the Council it was necessary to renew the Urban Renewal interest-bearing warrants with the Bank of Anacortes for a total of $450,903.49 because two land sales are still pending due to litigation brought by one of the purchasers, a Mr. Heath. Though the litigation has now been resolved by the Court giving Mr. Heath until October lst, 1981 to comply with his obligations, the warrant must be renewed before that time on.August 20, 1981. The interest rate remains the same at 120. Councilman Kiel asked whether the warrants could be cancelled if there was a resolution concerning the property involved prior to the term of the renewal and Mr. Khtaian advised him it could be dis- continued. Attorney Mansfield read, by title, a resolution authorizing the issuance of the warrants as requested.. Motion by Mr. Separovich, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 671. Under the question, Mr. Rock asked whether staff had heard anything from Mr. Heath and how long he had left. Mr. Olander advised that nothing had been heard and that Mr. Heath had until October 1st. He also said that Mr. Gregory would be attending the Council study session of August 24th and pointed out that Mr. Gregory had paid a major portion of the interest costs on the warrants during the period of litigation. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. ORDINANCE AMENDING 1981 BUDGET Mr. Khtaian said that the City had entered into an agreement with the Anacortes Community Health Council to provide a clearinghouse information center on substance abuse at the Anacortes Library. The Health Council had been awarded a grant from the Northwest Area Foundation to fund this and other substance abuse education activities. The contract provided money for a staff coordinator at the Library and necessary supplies and materials. The 1981 budget had to be amended to reflect this money August 17, 1981 - - - - - continued: received and the expenditures. Ordinance authorizing the budget amendments was read, by title, by Mr. Mansfield. Motion by Mr. Kiel, seconded by Mr. Moore, that the ordinance be passed and given ORDINANCE NO. 1862. Mr. Kiel said he also wished to compliment the staff and the community effort which had lead to the establishment of this clearinghouse. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. BIDS FOR CATHODIC PROTECTION OF WATER LINES Engineering Supervisor, Jim Pemberton, showed a transparency on which was designated the location of three proposed wells with cathodic protection devices for the protection of the City's water transmission mains. Mr. Pemberton explained this was an on-going program and that last year three wells were installed inside the City limits. The proposed wells are all outside the City limits and will provide protection for steel main lines from the Swinomish Channel westerly to Sharpe's Corner. Mr. Pemberton said that four bids were received with the highest from Border Contractors of Blaine, Washington in an amount of $86,016 and the lowest bid from Lord Electric of Everett at $64,506.75. There was $18,853 returned to the water fund reserve from the 1980 budget and then $50,000 budgeted for 1981. The sum of $19,166 has been spent in 1981 leaving a balance budgeted of $30,834. It was staff's recommendation that the low bid of $64,506.75 be accepted and the difference over what is remaining in the 1981 budget be drawn from the water reserve find. The reasoning is that all indications are that the costs will continue to escalate.. Al alternative would be to delete one of the proposed wells at this time. There was considerable discussion concerning the apparent extensive increase over last year's costs and the Council decided to endeavor to learn why the increases were so great and to discuss the matter again at the study session on August 24, 1981. Mr. Olander reminded the Council that under state law the City could not negotiate the bids and that their options would be to delete one well or re -bid the project. BIDS FOR WATER TREATMENT PLANT CHEMICALS Mike Foster, Public Works Operations Superintendent, reviewed this matter with the Council stating that bids had been received from twelve firms. Council had been given a complete recap of all bids received for their review. It was pointed out that the prices were, for the most part, about the same as last year with no great increases. Mr. Foster recommended accepting the low bids as follows: Alum Allied Chemical @ $ 128.64 per ton Polymer Allied Chemical @ 1.25 per lb. Lime Hemphill Bros. @ 102.10 per ton Chlorine Penwalt @ 237.75 per ton Fluoride Van Waters & Rogers @ 28.75 per hundred Motion by Mr. Cleland, seconded by Mr. Separovich, that the bids be accepted as recommended by City staff. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. RESOLUTION AMENDING RENTAL AGREEMENT Attorney Mansfield explained that the two parties who previously rented the upper floor of the Municipal Building had separated with the sailmaker, Mr. Toss, leaving the area. Rigger Milcolm Wehncke had requested the rental agreement be amended as he wished now to rent only half of the space at half the monthly rental. Council asked if there had been any other potential rentors and Mr. Olander said only the Employment Security Department might consider a portion of it for a satellite office inasmuch as the present Anacortes office is due to close September 30th. They would pay little, if any, rent. After additional discussion, Mr. Mansfield .read a resolution, by title, authorizing amending the rental agreement as requested at a monthly rent of $75.00. The agreement still allows the City to cancel with 30 days notice. Motion by Mr. Moore, seconded by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 671. Vote: Ayes --Kiel, Moore, Kribs, Cleland. No --Rock, Separovich, Figenshow. Motion carried. There being no further business to come before the Council, mee ' -adjourned to a study session at 8:20 p.m. Ida Rolph, Executi e Secretary K. S. Figesj,{ow, Mayor September 8, 1981 Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Invocation was offered by Reverend Ralph Miller of the First Baptist Church. Roll call found present: Bud Rock, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel, Ken Moore. Karolyne Kribs was excused. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Rock, that the minutes of the previous meeting held on August 17, 1981 be approved as if read. Vote: Ayes --Rock, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE City Manager, Robert Olander, read a letter from the Anacortes Business Community thanking the City Council and staff for their cooperation and assistance in a recent promotion sponsored by that organization. He also read a letter from Congressman Al Swift expressing appreciation for;.the City's support of the Port's application for a CEIP loan. He also reminded the Council of a one -day seminar sponsored by the Association of Washington Cities which will be held on September 25, 1981 in Bellevue and asked that any Council members wishing to attend t- let him know. Mr. Olander then introduced Ian Munce, Planning Director for the City who began his duties on September 8, 1981. CITIZEN HEARINGS Mayor Figenshow asked if there was anyone in the audience who wished to speak on any subject not on the agenda and there was no response. OLD BUSINESS AWARD OF BID FOR CATHODIC PROTECTION Public Works Director, Dave Ford, reviewed previous discussions on this matter and stated that the last consideration was whether or not the total project might be reduced because the amount budgeted for the project fell short of the low bid by almost $15,000. He said there was an alternative of deleting the deep well and appurtenances which would reduce the bid amount by $18,450.60 leaving a contract of $46,056.15, including tax. It was Mr. Ford's recommendation that the City award the entire contract amount as the deletion of one deep well would only tend to increase costs in the long run. There followed discussion of the pros and cons of deleting one well, the necessity of the project, the reasons for the variation in costs of the wells, etc. Motion by Mr. Rock, seconded by Mr. Kiel, that the City accept the alternate proposal and award the bid to Lord Electric of Everett in the amount of $46,056.15. Under the question, Councilman Separovich said he felt it was more important that the City's waterlines be kept in good shape than to cut down on this year's portion of the project. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock. No--Separovich. Motion carried. NEW BUSINESS PUBLIC HEARING -APPLICATION FOR CONDITIONAL USE PERMIT -MORROW Mayor Figenshow briefly outlined the procedure on a public hearing and declared a public hearing open to consider an application for a Conditional Use Permit submitted by Brent & Denise Morrow. The applicant requests the use of a 16 -foot platted alley right-of-way, located between 25th and 26th Streets and east of "D" Avenue, as access to a building site on the southeast corner of Block 181, Original Addition. Mr. Olander showed a view foil of the location and in- dicated the subject alley right-of-way. The Planning Commission considered this application, and at the same time, considered the remaining building sites on the same block because, they, too, have certain problems relating to access and the provision of city services. As a result of a public hearing held by the Planning Commission on August 12, 1981, they made the following recom- mendation: that the conditional use permit be granted subject to the suggested requirements placed on it by City staff and that it be clearly specified that the permit would be for an access drive only and not a City street. The subject alley is the only means of access to the building site on the south- east corner, but the other sites could be reached from other City right-of-ways. Public Works Director, Dave Ford, described, in detail, the means for access and provision of City services to the different building lots on this particular block for Council's information. Representing the applicant, Mr. Al Francisco answered various questions from the Council and said the applicant would be willing to surface the alley to the City's specification. Councilman Kiel pointed out that there was a new City ordinance which required streets to be paved when development is.done in already platted area and said he felt it would be reasonable to require the alley to be paved. There was additional discussion of the natural, approximately 60 -foot -wide and very deep drainage ditch which runs along the south side of the subject block which prevents any access from that side. The requirements suggested by staff to be attached to the permit were that the alley be developed to it's full platted 16 feet width with a surface of aminimum of 6 inches of base gravel and 2 inches of crushed gravel surfacing on top and that it be extended far enough into the southeast building site to allow proper access to the site and to provide required parking space, as well as additional access for emergency vehicles. Water would be extended from a service tap and meter on "D" Avenue at the northern edge of the 26th street right-of-way and the home building would have to extend this service into the building site of a size required by the City. There is already a sewer collection in the alley for hookup. It would be required 451 September 8, 1981 - - - - - continued: that solid waste containers be placed on "D" Avenue for collection and the power, telephone and TV utilities would be required to be placed underground according to City ordinance. Mayor Figenshow then declared the public hear- ing closed. Motion by Mr. Separovich, seconded by Mr. Rock, that the application for conditional use permit be granted subject to the conditions recommended to be placed on it by City staff and that it also clearly specify that the permit would be for an access drive only and not a City street, and that it be surfaced the full sixteen feet to the east end of the property. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Separovich. Motion carried. Councilman Kiel again expressed his reluctance to subsidize the property owner by not requiring him to pave the alley -way and moved that in addition to the conditions attached to the previous motion, that the alley be paved the full 16 -foot width and its full length to -the end of the property. Seconded by Mr. Moore. Vote: Ayes --Kiel, Moore, Rock. No --Cleland, Separovich, Figenshow.. Tie vote --motion failed. RESOLUTION AUTHORIZING ENGINEERING CONTRACT FOR DESIGN OF WASTEWATER TREAT- MENT FACILITY AT WATER TREATMENT PLANT As background information, Manager Olander was asked to review the circumstances necessitating this project. Mr. Olander stated that the Washington State D.O.E. informed the City approximately 2 years ago that to comply with the requirements of the Water Pollution Control Act of 1979, the City would have to undertake a construction program to treat the wastewater from the water treatment plant which would have to be completed within a certain length of time. Mr. Olander reported that on September 8, 1981 he had met with representatives of the D.O.E. in Olympia to determine whether there were any changes which would relieve the City in any way. He said the D.O.E. was staying with the legal requirement mandate given the City and it did not appear there would be any changes. He pointed out that if the City is able to get in the application for Referendum 26 monies from the State within the required time, the City could receive 50% of the cost of this project under such a grant. The only concession the D.O.E. might possibly give would be in the actual construction time. Councilman Separovich commented he was disappointed that the City's efforts to find relief were not fruitful; he felt it was an expense that was not really necessary and could be done at a lot less expense. Public Works Director, Dave Ford, then described the City's activities in securing proposals to provide design, construction engineering, construction observation, etc. on this project. Requests were sent to 12 firms, 8 firms responded and the City's Consultant Selection Committee selected 3 from those for final interview. The three finalists were: R. W. Beck and Associates, Gray and Osborne, Inc., and Collins and Ryder - all of Seattle. In reviewing their proposals, the Committ-e kept in mind the firm's ability to perform the task within a limited time frame; the proposed costs involved in preparing the design, construction engineering and observation; the firm's familiarity with projects similar to this one, etc. The Committee recommended the firm of R. W. Beck & Associates be awarded the contract based on the foregoing criteria after considerable discussion and consideration. This firm's maximum cost totalled $84,000 which was considerably less than the other two. Also, the work must be completed by December 31, 1981. Bids for construction of the project would be scheduled for January -February of 1982 with actual construction to be underway by April 30, 1982 and completed by October 31, 1982. Mr. Ford said a detailed scope of work has been prepared for the engineering firm and it was his recommendation that the authorization be given to R.W. Beck to proceed with the preliminary field design. There followed discussion of other details of the project and motion was made by Mr. Cleland, seconded by Mr. Kiel, that the resolution authorizing execution of a Professional Service Agreement by and between the City of Anacortes and R. W. Beck and Associates be adopted and given RESOLUTION NO. 673. Vote: Ayes --Kiel, Moore, Rock, Figenshow, Cleland. No--Separovich. Motion carried. REQUEST FOR FUNDS BY SKAGIT YOUTH SERVICES Mr. Olander stated that at the Council study session of August 24, 1981, representatives from the Skagit Youth Services Bureau, presented the Council with a request for monetary help to finish the 1981 budget year. They explained the Juvenile Diversion Program in Anacortes and the benefits to the community. Mr. Olander said that though this request for $425 was not in the 1981 budget, he felt the City could fund it from the current budget with little difficulty. Motion by Mr. Kiel, seconded by Mr.. Moore, that the City make a one-time grant of $425 to the Skagit Youth Services Bureau. Vote: Ayes --Moore, Rock, Separovich, Figenshow, Cleland, Kiel. Motion carried. 452 September 8, 1981 - - - - continued: REQUEST FOR SEGRETAGION OF LID ASSESSMENT - TOMASKO Mr. Olander stated that Mr. H.F. Tomasko, owner of Lots 1 through 10, Block 233, Original Addition, had requested a segregation of his assessment under sanitary sewer LID No. 178, which was completed in 1977. He requested the segregation be in five separate parcels of two lots per parcel. This segregation would allow Mr. Tomasko to sell his property for building sites and have the LID assessment properly allocated to each parcel. A resolution authorizing the segregation was read by Mr. Olander, by title. Motion by Mr. Separovich, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 674. Under the question, Councilman Cleland expressed some concern about payment of the assessments and was assured it would make no difference to the City. Vote: Ayes --Rock, Separovich, Figenshow, Cleland, Kiel, Moore.. Motion carried. REQUEST FOR ENCROACHMENT AGREEMENT - NICKERSON Mr. Ford advised the Council that Tom Nickerson, 1620 8th Street, had requested an Encroachment Agreement with the City to allow him to build a 4�-foot, non -sight -obscuring fence on "I" Avenue adjacent to Lot 11, Block 141, which would encroach into City.right- of-way ten feet. Staff has reviewed this request, visited the site and deter- mined that such a fence would not result in any traffic safety problems or effect any utility lines. Mr. Nickerson understands that should the City need this right-of-way, he would have to remove the fence at his own expense. Staff recommended the encroachment be granted and filed with the Skagit County Auditor's office. After a brief discussion with Mr. Nickerson, motion was made by Mr. Separovich, seconded by Mr. Kiel, that the encroachment agreement be authorized. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. LEASE OF PROPERTY TO SNELSON-ANVIL, INC. As background information, Mr. Olander reminded the Council that approximately a year ago Snelson-Anvil deeded a 30 - foot wide strip of land at the north end of their land to the City for access to the waterfront. In turn, the Port of Anacortes negotiated to exchange some waterfront in the vicinity of the south breakwater for the City's 30 -foot strip. This is a condition of the Shoreline Development permit issued to the Port for their proposed expansion of Cap Sante. If Cap Sante is not expanded within 2 years, the permit will expire. Now, Snelson-Anvil wishes to lease the 30 -foot strip from the City in connection with their plans to use the old Scott Paper mill site on the Hood Canal bridge project. They wish an option to lease from September 15, 1981 to January 31, 1982 and then, if they exercise the option during that time, to lease the land for 20 months with three two- year renewal options. It was suggested the rate for leasing this land be the same as the rate proposed by the Port for leasing their land to Snelson- Anvil. This would amount to approximately $182.52 per month for the first year and escalating thereafter according to the Seattle Consumer Price Index yearly percentage. Mr. Olander suggested an alternative which would be to lease the property as described and add the clause that if the land were traded to the Port, the lease could be cancelled and then the Port, in turn, could agree to lease the land to Snelson-Anvil. Or, another alternative would be to lease the land .to Snelson-Anvil only for the initial 20 -month period. Mr. Olander recommended that the City agree to an option to lease the property from September 15, 1981 to January 31, 1982 for the sum of $100; and then if the option is exercised, lease the.land for 20 months at the rate of $200 per month plus the leasehold tax; and with the condition that any physical improvements to the property become the property of the City at the end of the lease period or to be removed at the expense of Snelson-Anvil at the City's option. The Council had several questions and suggestions the present appraised value of the land, the use proposed by Snelson-Anvil whether the beach area would.be disturbed, etc. Motion was made by Mr. Kiel, seconded by Mr. Separovich, that the City enter into an agreement with Snelson-Anvil with conditions attached as outlined in the foregoing recommendation. Under the question, Mr. Cleland moved to table Mr. Kiel's motion for one week until a fair and equitable rental rate could be determined. Seconded by Mr. Moore. Vote on Mr. Cleland's motion: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Separovich. Motion carried. Mayor Figenshow thenasked the Council to stay for a brief executive session to discuss a real estate transaction and stated the proposed study session item would be postponed to the next study session. Meeting was continued to a special meeting on_.Sepmber 14, 198 7:30 p.m. ,� Ida Rolph,Exe uti Secretary K."S`. g show,` Mayor 1 1 1 D3 September 14, 1981 (continuation of'Sept. 8, 1981 meeting) Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Mr. Figenshow explained that this meeting was a continuation of the September 8, 1981 meeting. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel, Ken Moore. OLD BUSINESS - LEASE OF CITY PROPERTY TO SNELSON-ANVIL City Manager, Robert Olander, explained that this item had been continued from the last meeting to permit the City to secure additional information on a fair lease price for the City property. Mr. Olander reviewed the appraised value of the land and indicated that the newly negotiated price of $300.00 per month was above the average market rate. He also indicated that the lease period had been changed from twenty to twenty-four months on the proposed lease option. Mr. Cleland inquired about required off-street parking for the new area Snelson-Anvil would be using. He expressed concern that on -street parking in this vicinity would cause serious traffic hazards. Mr. Olander stated that he would let Snelson-Anvil know that the Zoning Code.requires one off-street parking site for every .two employees for any new or expanded manufacturing use in this area. Motion was made and seconded to approve the resolution authorizing the lease option. Vote on the motion was unanimous. Number 675 was given the RESOLUTION. Mayor Figenshow adjourned the regular meeting to a study sessio 00 P.M. le do Robert Olander, Secretary pro tem K. S. Fig ns ow, Mayor September 21, 1981 Meeting called to order at 7:30 p.m. by Vice_Mayor, Ray Separovich. Invocation was given by Reverend Jim Hardenbrook of the Church of Christ. 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. Rock, that the minutes of the previous meetings held on September 8, 1981 and September 14, 1981 be approved as if read.. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE There was no corresondence to be read. CITIZEN HEARINGS In response to Mr. Separovich's invitation to anyone in the audience to speak on any item not on the agenda, Mr. Dick Dildine, 1211 6th St., addressed the Council and asked whether there were any plans yet for widening 12th Street. He was advised no plans had yet been presented.to Council; any- thing regarding 12th Street would have to be in cooperation with the State Department of Transportation; funding would not necessarily have to come from the state; that there have been no plans of decisions made at all at this time. Mr. Dildine then asked whether crosswalks would be painted on Commercial Avenue and was advised the present policy is only toplace crosswalks at signal lights due to a study done by the state wherein it was determined more accidents occur at painted crosswalks than not. It was suggested this item be discussed at a Traffic Safety Committee meeting. OLD BUSINESS There was no old business to come before the Council. NEW.BUSINESS RESOLUTION AUTHORIZING PARTICIPATION IN SKAGIT EMERGENCY SERVICES COUNCIL In the absence of the City Manager, Public Works Director Dave Ford briefly reviewed this proposition which has previously been considered by the Council. He stated the present proposed agreement is the third draft and con- tained a clause whereby a participant could withdraw with 90 days notice. Regard- ing possible cost to the City, the cost will not be known until the Emergency Council is formed and a budget adopted. The agreement calls for the hiring of a director who would be responsible for emergency services planning and operation. City Attorney Mansfield adivsed the establishment of the Council was in accordance with the state RCW and would be comprised of Skagit County and all the political subdivisions of the County. The County is trying to make it effective by the first of 1982 and all political subdivisions have executed the agreement except Anacortes. After additional discussion concerning possible costs, motion by Mr. Rock, seconded by Mrs..Kribs, that the matter be tabled for two weeks so the t M September 21, 1981 - - - - - - continued: Council could receive the in -put of the Mayor and City Manager. Vote: Ayes-- Kribs, Separovich, Cleland, Kiel, Moore, Rock. Motion carried. Councilman Moore then commented he felt the City should be able to pay a share of the fixed operating costs, but felt the "pooled" money should be kept in the.City's coffers instead of it staying with the County. REQUEST FOR ENCROACHMENT AGREEMENT - ANACORTES BRASS WORKS Mr. Ford advised the Council that the City staff had inspected the site and pertinent City records after receiving a request from Glen Veal of the Anacortes Brass Works for an encroachment agreement to allow for construction of a security fence at 2000 "R" Avenue. The proposed location would encroach 10 feet into the "R" Avenue right-of-way. Engineering Supervisor Jim Pemberton showed a view foil of the location; advised there were no utilities in the right-of-way proposed to be fenced and that the existing gravel road adjacent to the Anacortes Brass Works would be about 10 feet from the proposed fence. He pointed out that if the City allowed the encroachment and then, at a later date, wished to use the right-of-way, Mr. Veal would be required to remove the fence at his own expense. Mr. Veal was present in the audience and acknowledged his understanding of the conditions of the encr-achment agreement. After brief discussion, motion by Mr. Kiel, seconded by Mr. Moore, that the request be granted and the agreement executed. Vote: Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. CLAIM FOR DAMAGES - LOFTIS City Attorney Mansfield advised the C-uncil that he had received, just prior to the meeting, additional information which might revise his recommendation on this claim; that there.had been some con- fusion regarding the date .of the occurrence and he would like to delay action on the matter until he had had the opportunity to review the additional in- formation received. Motion by Mr. Kiel, seconded by Mr. Cleland, that this matter be tabled for two weeks. Vote: Ayes --Cleland, Moore, Rock, Kribs, Separovich, Kiel. Motion carried. PUBLIC HEARING.DATE.SET - STREET VACATION City Attorney Mansfield read, by title, a resolution fixing a time when a Petition for Vacation may be heard by the Council and setting a public hearing date. He said the first available date would be October 19, 1981. Motion by Mr. Kiel, seconded by Mr. Moore, that the resolution set the date of October 19, 1981 for the public hearing and be adopted and given RESOLUTION NO. 676. Vote: Ayes --Moore, Rock, Kribs, Separovich, Cleland,. Kiel. Motion carried. APPOINTMENT OF FOREST MANAGEMENT COMMITTEE Mr. Ford advised the Council that the following persons had been suggested for the Forest Management Committee; Ralph Edwards, Del Taylor, Neil Foss, Bill Ellin, Scott Richards. Council- woman Kribs said she had no objections to any of the persons suggested, but thought it was the Council's policy to advertise or make public any positions open on any committees so that interestes parties could apply if they wished. The Council concurred and Mr. Cleland moved to table the matter for two weeks, seconded by Mrs. Kribs. Vote: Ayes --Rock, Kribs., Separovich, Cleland, Kiel, Moore. Motion carried. There being no further business to come before the Council, meeting adjourned at 8:15 p.m. to a study session. Ida Rolph, Execu io Secretary October 5, 1981 -vice Mayor Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Invocation was offered by Pastor Hilary Bitz of the Anacortes Lutheran Church. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland and Charles Kiel. MUNUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Rock, that the minutes of the previous meeting held on September 21, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. CORRESPONDENCE City Manager Robert Olander read a letter directed to the City Council from Berce Hughes regarding the problem of dogs running loose in the community and offering several suggestions toward correcting the problem. At this point, Councilman Ken Moore entered the meeting. 1 1 405 October 5, 1981 - - - - -continued: CITIZEN HEARINGS There was no response from the audience to the Mayor's invitation to speak on any item not on the agenda. PROCLAMATION Mayor Figenshow read a Proclamation proclaiming October 8, 1981 as "Worlds Lions Service Day in Anacortes" and urging all citizens to mark the occasion as a special observance in recognition of the numerous services provided by the Anacortes Lions Club to the needy and the lonely. Motion was made by Mr. Kiel, seconded by Mr. Separovich, that the Proclamation be unan- imously approved. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. OLD BUSINESS - RESOLUTION AUTHORIZING CITY TO PARTICIPATE IN SKAGIT EMERGENCY SERVICES COUNCIL Mr. Olander reviewed the proposed Agreement and indicated that the last questions put forward by the Council were what would be the cost of the City of Anacortes' involvement and what provisions were there should the City wish to withdraw. He said he had talked with the Emergency Services people and a proposed budget showed the City of Anacortes' share would be $2,740 for 1982; also the agreement had been modified so there is a 90 -day withdrawal clause. Therefollowed discussion of the proposed budget costs; what the budget covered; the function of the Emergency Services Council, etc. Councilman Moore pointed out that in Item 6 the word "Council" should be included and the City Councilmen agreed. Attorney Stephen Mansfield then read, by title, a proposed resolution authorizing the execution of an Agreement between all the political subdivisions in Skagit County and Skagit County confirming participation in the Skagit Emergency Services Council. Motion by Mr. Separovich, seconded by -Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 677 . Vote: Ayes--Separovich, Figenshow, Kiel, Moore, Rock, Kribs. No --Cleland. Motion carried. CLAIM FOR DAMAGES - LOFTIS City Attorney Stephen Mansfield reviewed the cir- cumstances surrounding the claim of Judi Loftis for damages to bathroom carpeting resulting from sewer backup and toilet overflow. He explained there was some confusion concerning the date of the occurrence and that has been cleared up; the claim was denied by the City's insurance carrier as such losses are excluded from the City's coverage; the also expalined that $135.00 of the total bill was for sub -flooring repairs not caused by the sewer backup and recommended the City pay a total of $200.45, including tax, to Mrs. Loftis since the City sewer line had been damaged by City actions in installing a water line adjacent to -the Loftis property. After some dis- cussion, motion by Mr. Moore, seconded by Mr. Kiel, that the City pay the claim as recommended by Mr. Mansfield. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion.carried. Mor .Moore apologized to Mrs. Loftis for the delay in handling this matter. NEW BUSINESS - PUBLIC HEARING ON REQUEST FOR REZONE - PURCELL Mayor Figenshow briefly outlined the procedure for the public hearing and then declared a public hearing open to consider a request for changing the zoning from Residential High Density (RH) to Commercial (C) lots 4, 5, and 6 of Block 43, Anacortes Original Plat, which is generally located on the southeast corner of 14th Street and "0" Avenue. Planning Director, Ian Munce showed a view - foil of the location of the prpoerty.and advised the area was approximately 9,000 square feet; and pointed out that the City has title to the triangular piece of property lying adjacent to and easterly of Lot 4 and the property lying easterly of the City property is owned by the Demopoulos Trust. Mr. Munce advised staff review indicated that -such a change would result in "spot zoning" and the Planning Commission after holding a public hearing on Sept. 9th unanimously recommended denial for the same reason. Mr. Munce further advised that two of the committees which worked on updating the City's Comprehensive Plan have made recommendations which, if adopted, would affect petitions such as this. From the audience, Mr. Nick Badetich, representing Francis Lunsford and Mr. and Mrs. Dave Kelley, addressed the Council and said he and his clients agreed that such a change in zoning would be "spot zoning"; reviewed the recommendations of the Comprehensive Plan committees and stated as far as he had been able to determine, the proponent of the change had no real plans for the location; he urged denial of the petition. Councilman Cleland questioned when the zoning was changed to Commercial in the area between Commercial Avenue and "0" Avenue and 12th and 14th Streets. Mr. Olander secured the zoning map and advised this was done by Ordinance No. 1771 on January 2, 1979. From the audience, Mr. Dick Dildine, 1211 6th Street, 156 October 5, 1981 - - - continued: addressed the Council and said he felt that spot zoning is for the interests of a small group of people. Mayor Figenshow said he felt that to rezone the proposed area right now would be wrong, but that probably sometime in the future it will be necessary to rezone all the area from Commercial Avenue to "0" Avenue all the way to 20th Street. He also pointed out that the Comprehensive Plan up date will be completed in the near future and if it is felt this area should be different than it is, it should be done at that time. Mr. Figenshow then declared the public hearing to be closed. Motion by Mr. Separovich, seconced by Mr. Kiel, that the petition be denied. Vote; Ayes --Kiel, Moore, Rock, Kribs. Separovich, Figenshow, Cleland. Motion carried. RESOLUTION AUTHORIZING AGREEMENT WITH ANACORTES SCHOOL DISTRICT Parks Director Steve Colby addressed the Council and said that since 1973 the City has contracted with the Anacortes School District for the use of their facilities to provide recreational opportunities for the citizens of Anacortes. The contract provides that the City will be responsible for the leadership, instruction and administration of the program while the School District provides the necessary facilities. The contract that is due for renewal for 1982 is the same as last years and the only financial consideration is the sum of $225 to be paid by the City to the School District to help replace specialized gymnastic and mat equipment. This is also the same as last year. He recommended acceptance of the contract. Mansfield read, by title, a resolution authorizing execution of the contract for 1982. Motion by Mr. Separovich, seconded by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 678. Vote: Ayes --Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. RESOLUTION SETTING. THREE-YEAR ANACORTES HOUSING ASSISTANCE GOALS Mr. Munce advised the Council that in February of 1979 the Council adopted a Housing Assist- ance Plan that had a three-year goal of 30 low-income elderly and 35 low-income family units to be funded by the federal government. This plan expired on June 30 of this year. The County is now formulating a new County -wide three-year goal program and has proposed a share of 40 elderly housing units and 18 family units for Anacortes. At a study session on September 23, 1981, the Anacortes Housing Authority Director recommended 50 units of new construction for the elderly and 20 units of existing housing for families should be the three-year goal for Anacortes. Adoption of a three-year goal involves no direct financial costs to the City unless the Council decided to work with the Housing Authority on develop- ing a project application. He recommended adoption of the resolution which recom- mends Anacortes be included in the County -wide Housing Assistance Plan and housing goals for 1981/84 for the City of Anacortes of 50 units for low-income elderly households and 20 units of existing housing for low-income family households. After discussion amoung the Council members, Attorney Mansfield read the resolution by title, and Mr. Rock moved and Mr. Separovich seconded that the resolution be adopted and given RESOLUTION NO. 679. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. RESOLUTION.AUTHORIZING AGREEMENT WITH SKAGIT COUNCIL OF GOVERNMENTS Manager Olander advised the Council that since the City had hired Ian Munce as its Planning Director, the Skagit Council of Governments (SCOG) has not replaced him as Director of that body and has asked the City of.Anacortes to allow Mr. Munce to continue as their part-time Director for a few months. They have pro- posed an agreement with the City wherein the SCOG will reimburse the City for the salary and benefits for four hours per week of Mr. Munce's time. Inasmuch as the SCOG does provide significant benefits to Anacortes such as grant and planning assistance, local coordination -of programs through the A-95 grant review process and serves as the only forum for solving problems that affect all juris- dictions in the County, Mr. Olander recommended the .resolution authorizing execution of the agreement be adopted. Attorney Mansfield read, by title, the subject resolution. Motion by Mr. Kiel, seconded by Mr. Separovich, that the resolution be adopted and given RESOLUTION NO. 680. Under the Question, Councilman Moore had some questions about the methods of reimbursement and Councilwoman Kribs suggested possibly the SCOG could get along without Mr. Munce to which Mayor Figenshow replied this was just to get by for the present and possibly soon they would not need him; Councilman Separovich asked how long this may take and Mr. Olander advised March 1982 has been designated as the maximum time, but possibly not that long; also, if there appears to be any conflict, the agreement can be cancelled. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock. No-Kribs. Motion carried. 1t57 October 5, 1981 - - - - continued: ORDINANCE SETTING 1982 PROPERTY TAX LEVY Manager Olander stated this Ordinance was in accordance with state law requirements and, according to figures received from the Skagit County Assessor's Office, total actual value of property (real personal and utilities) is up a little over $20 million but the millage rate will go down slightly for 1982. Councilman Rock asked about possibly levying a tax for the Firemen's Pension Fund and was advised -that it could not be added into the levy according to the State Auditor's Office. Since this question is controversial, it is expected there will be clarifying legislation this coming year regarding it. Mr. Mansfield read,;by title, the ordinance levying the tax upon real and personal property within the City for municipal purposes for the year 1982. Motion by Mrs. Kribs, seconded by Mr. Moore, that the Ordinance be passed and approved and given ORDINANCE NO. 1863 Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Mayor Figenshow urged Council and citizens to take advantage of the upcoming "legislative Awareness Day" when people can go to Olympia and meet with legis- lators and get to know them. For the benefit of those who had not heard, Manager Olander announced.that on October 1, 1981, the judge had signed an Order return- ing the urban renewal property,which had been litigation, to the City. The Council also thanked the Anacortes School District for allowing the City to use their facilities in the Citys Recreation program. Mr. Separovich noted the Council had recieved copies of a letter Representative Lundquist had written to the. Dept. of Ecology on behalf of the City relativeto the water treatment plant wastwater abatement. Councilwoman Kribs asked for a place to moor the newly -built Sea Scout boat which moorage must be found within the next two weeks. Councilman Rock suggested inviting Vito Ruzich to the study session of the Council when the matter of the newly -returned urban renewal property is discussed. Mr. Kiel asked the status of the proposal to raze the old Townsend Hall on 12th Street and Mr. Mansfield advised him the matter was in court; a nuisance action had been filed and he expected to present some motions to the Court within the next two or three weeks. There being no further business to come before the Council, meeti add urned at 9:10 p.m. Ida Rolph, Exec yvSecrettary K. S. Fig n ow, Mayo October 19, 1981 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, and Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Rock, that the minutes of the previous meeting held on October 5, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. There was no correspondence to be read. Mayor Figenshow asked City Attorney Mansfield to read a•Proclamation naming theweek of November 1st through Nov. 7th, 1981 as United Way Week and urging support of this program. Motion by Mr. Kiel, seconded by Mrs. Kribs, that the proclamation be approved unanimously. Vote: Ayes--Kribs, Separovich, Figenshow; Cleland, Kiel, Moore, Rock. Motion carried. There was no response to,the Mayor's invitation to speak on any item not on the agenda and there was no old business to be considered. NEW BUSINESS PUBLIC HEARING ON PETITION FOR STREET VACATION Mayor Figenshow explained the public hearing process and declared a public.hearing open to consider a petition for vacation of the.east 18 feet of the 24th Street right-of- way which abuts the Island View Addition. Planning Director Ian Munce showed a view foil of the location and said the petitioners (Mr. & Mrs. George Beatty, 2110 24th Street) gave asp reasons for the request (1) 24th Street should not be used as access to property in the Island View Addition; (2) that using 24th Street as access to Island View would depreciate their property values. The Planning Commission held a public hearing on September 9th, 1981 on this request and unanimously voted to recommend that the petition be denied. Staff review of the request indicated the petition should be denied because (1) vacating the right-of-way would not result in any meaningful acquisition to abutting property owners; (2) such a vacation would deprive Island View property of an existing secondary access; (3) reasons for requesting the vacation do not appear to be valid. Mayor then asked for comments from the audience. George Beatty, 2110 24th Street, addressed the Council and stated he and his neighbor across the street had taken care of this strip of land for some time October 19, 1981 - - - continued: and did not feel it should be opened for traffic. He also noted that neither he nor his neighbor across the street had received notice of the Planning Commission public hearing as had other property owners in the area. Ken Tiscornia, 2308 "E" Avenue, addressed the Council stating he felt the vacation would only result in cutting off access to the rear of his property. Manager Olander interjected and described the physical setting;. stating that 24th street dead -ends against the back of the Tiscornia property; that Mr. Tiscornia had a rock wall across the back of his land with a gate to the 24th street right-of-way and uses it for access to the rear of his property. Mr. Jim Farrow, 2400 "E" Avenue, addressed the Council stating he was the neigh- bor of Mr. Tiscornia and just a small corner of his property also abuts the 24th Street right-of-way. He also was against vacating the right-of-way. Mayor invited questions from the Council and Mr. Separovich said he would like to see the care of the strip in question remain a neighborhood project without vacation. Mr. Kiel asked which property owners wouldhave to reimburse the City for the land if it .were vacated and Attorney Mansfield said that only Mr. Beatty and his neighbor across the street, Mr. Bjorking (2111 24th). This is because the Tiscornia and Farrow properties are in a different plat (Island View) even though they abut the subject strip. Mr. Rock asked the age of Mr. Tiscornia's rock wall and was advised it was only 3 or 4 months .old. Mr. Figenshow said he was opposed to vacating streets of any kind as it seemed to always be a mistake. There were no further comments and Mr. Figenshow declared the public hearing closed. After additional discussion, motion by Mr. Separovich, seconded by Mr. Kiel, that for the reasons set forth by staff the petition to.vacate the east 18 feet of the 24th Street right-of-way abutting Island View Addition be denied. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. 1981-1982 COASTAL ZONE MANAGEMENT 306 CONTRACT Manager Olander stated that the City had been offered Coastal Zone Management funds through the Skagit Council of Governments for 1981-1982. This is the same manner in which the City has received such funds for the past several years. The funds are used primarily toward administration of the Shoreline Master Program and Shoreline Permit process. He explained the grant for 1981 and 1982 was divided into two elements; one for any revisions.to the Shoreline Master Plan which might be necessary because of the new Comprehensive Plan and the second is for the normal shoreline administration. The total amount to be received is $12,932 from July 1, 1981 to Juen 30, 1982. The City's non-cash share of $3,233 will be met by charging staff time spent in shoreline management, but not claimed under the grant. Mr. Olander recommended the Council pass the resolution authorizing continuance of this grant. After a brief discussion, motion by Mr. Cleland, seconded by Mr. Separovich, that the resolution authorizing execution of the grant contract be adopted and given RESOLUTION NO. 681. Under the question, Mr. Moore asked why the whole package was given to the Council when a good portion of it did not apply to Anacortes. Mr. Olander explained this was only in case any member of the Council had any questions on the attached appendix sheets which were referred to in the Anacortes portion of the.contract. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. CRITERIA FOR SALE OF URBAN RENEWAL PROPERTY Planning Director, Ian Munce, addressed the Council and reviewed the information forwarded to the Council in their agenda to the effect that the property which has reverted back to the City consists of seven distinct parcels. He.showed a view foil of the area which indicated the different parcels. He explained how each parcel could have access; the size of each parcel, and which ones, in conjunction with the City's Comprehensive Plan, are recommended to be retained by_the City. The criteria for considering pro- posals to either purchase or lease beyond consideations of price, performance and performance bond, and net financial benefit to the City, could extend to type of employment opportunities to be generated. In addition to .the aforementioned recommendations, Mr. Mjnce recommended a notice of the availability of the property be circulated to determine the regional market needs for industrial - zoned waterfront property. Mayor Figenshow noted that since the Order returning the property to the City, the attorneys for the developer had appealed the decision. This appeal will have to be answered which will take additional time, but in.the meantime, Mayor Figenshow suggested that in order to enhance the overall ownership and the future return on the investment, a panel be oppointed to study the best uses of the property and completely reivew all alternatives possible to determine the most cost-effective way of utilizing the land. He suggested a 7 -member panel. 159 October 19, 1981 - - - -continued: consisting of one from the Port Commission, one or two from the Council, one from the Board of Directors of the Chamber of Commerce, a member of the financial community, a member of the realtors, and one from City staff.. This panel to bring back to the Council, hopefully by the 1st of December,their findings. Mr. Olander suggested the panel, in conjunction with determining the best uses of the urban renewal land, endeavor to look at ways and means of attracting new jobs to the community; look at the long range economic development of the whole community due to the recent closure of Publishers, etc. Mr. Rock said.he felt the suggestions were in order; Mr. Kiel said the City should not be too impatient at this time because of the present economic climate; Mr. Olander felt it would be in order to advertise only to determine possible interest in the land, not to sell it immediately; it would probably take quite awhile to consumate any kind of financial decision, but this should not preclude the City from doing their homework. From the audience, Mr. Dick Dildine, 1211 6th, said he had talked with people from Publishers and they do not know when they might re -open. He also said the developer of the land adjacent to the area under discussion, Mr. Gregory, had financing from the Swedish government of 80% of the cost of constructing a lumber mill in Anacortes. Mr. Figenshow said the problem there was that the Swidish government wanted a United States bank to back it up. Mr. Kiel felt that if the City advertises it would get some response which could conflict with the findings of the suggested panel. Mr. Moore agreed. From the audience, Mr. Jerry MacCormack questioned the location of the Gregory property and whether the City knew his intentions,. etc. Mr. Moore asked whether a study of the nature proposed would affect the current pending appeal and wasadvised it would not. Council then generally agreed that.they would compile a list of names from which a panel would be chosen next Monday night and no advertising of the land should be done yet. Mr. Olander advised there was to be a meeting this coming Wednesday and .Thursday in Seattle with Mr. Gregory and his backers, so there would be additional information for Council at the next study session. RESOLUTION AUTHORIZING CHANGE IN FAM DESIGN STANDARDS Engineering Supervisor, Jim Pemberton, reminded the Council that the City was in the process of design- ing a "D" Avenue improvement project which included regrading, paving and construction of shoulders from 17th Street to 26th Street. In this process, it was found the present grade on the "D" Avenue hill is approximately 12�% for a distance of, roughly, 600 feet. As this is a Federal Aid project, construction has to conform to the Washington State Dept. of Transportation City Design Standards. These standards specify that for rolling terrain the maximum permitted grade is 10%, but these standards for grades may be exceeded for short distances when permitted by local ordinance or resolution. Mr. Pemberton explained that to conform to the 10% grade, an enormously large fill would have to be made in the area of.the project and extend even some two blocks farther. This would not be practical or economically feasible. He, therefore, recommended the Council adopt a resolution authorizing staff to exceed the design criteria set by the State to allow 12�% grade for a distance of approx- imately 600 feet. The Council discussed this proposal at some length and then Mr. Rock moved to delay action on the resolution for two weeks. Seconded by Mr. Separovich. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. AUTHORIZATION TO ADVERTISE FOR SALE OLD CITY HALL SITE Mr. Olander reminded the Council that one parcel of City surplus land was the old City Hall site next to the telephone company building on 5th and "0" Avenue. The lot is 70' X 100' and was appraised at $17,500. The General Telephone Company has now expressed interest in purchasing this lot and, in order to comply with state audit guidelines, it would have to.be advertised for sale if the Council still wishes to sell it. There followed discussion of the pros and cons of selling the property. Motion was .then made by Mr. Kiel, seconded by Mr. Cleland that the property be advertised for bid with a minimum price of $17,500. Vote: Ayes --Kiel, Separovich, Figenshow, Cleland, No --Moore, Kribs. Abstained --Rock. Motion carried. Mayor Figenshow announced there were several appointments to be made to City boards and commissions and the Council would appreciate in -put for these positions. There being no further business, meeting adjourned at :45 p.m. Ida Rolph, Exec i Secretary 1 S. Figs w, Mayor November 2, 1981 Meeting called to order at 7:30 p.m. by Vice -Mayor, 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. Cleland, that the minutes of the previous meeting held on October 19, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. There was no correspondence to be read. CITIZEN HEARINGS There was no response to Mr. Separovich's invitation to anyone in the audience to speak on any item not on the agenda. OLD BUSINESS - AUTHORITY TO CHANGE FAM DESIGN STANDARDS - "D"AVE. IMPROVEMENTS Engineering Supervisor, Jim Pemberton, reviewed the information given previously to the Council regarding the grade on the "D" Avenue hill in connection with the City's project to improve "D" Avenue from 17th Street to 26th Street. A large diagram of the subject hill was shown indicating the proposed area for filling and grading to provide the best possible design at minimum coxt. The change in standards would allow a maximum grade of 12�% for a distance of approximately 600 feet. Mr. Pemberton then replied to questions from the Council and it was pointed out that the Council is not approving the project as such, at this time, but is merely approving the change in design standares for the one specific location. Mr. Pemberton advised that there would be a public hearing for property owner in -put to be held when the design phase of the project is further along. Resolution authorizing the change as described was read, by title, by City Attorney Mansfield. Motion by Mr. Kiel, seconded by Mr. Moore, that the res- olution be adopted and given RESOLUTION NO. 682. Vote: Ayes--Kribs, Separovich, Cleland, Kiel, Moore, Rock. Motion carried. NEW BUSINESS - PROCLAMATION City Attorney Mansfield read a Proclamation pro- claiming December 5th through December 13th, 1981 to be Anacortes Second Christmas Festival and urging the community to join together in a demonstration of good will and togetherness. APPOINTMENTS TO AD HOC URBAN RENEWAL REVIEW COMMITTEE In the absence of Mayor Figenshow, Manager Robert Olander read a list of persons recommended by Mr. Figenshow to be named to the committee charged with reviewing and determining the best possible ways of utilizing the parcel(s) of urban renewal land which have just been returned to the City. The list was: Floyd Waller (banker), Jim Colley (realtor), Bob Keller (Port), Bud Rock (Council), Morgan Howells (business), Bob Olander (City staff). After some discussion, motion was made by Mr. Kiel, seconded by Mr. Cleland, that the representative from the Port of Anacortes be one of the Commissioners, named by the Port Commission, in order to make it as much a citizen committee as possible. Vote: Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Councilman Rock said he felt there should also be a representative from the property owners in the area, thendecided that wouldn't be a good idea due to possible confluct of interest; Mr. Cleland suggested a representative of the.water-oriented industries, possibly Maureen Dickson. After additional discussion, motion by Mr. Kiel, seconded by Mr. Rock, that an additional person be named to the committee, with first choice being Maureen Dickson, and if she is not available, another individual be appointed from the marine -oriented industry. Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. REQUEST TO USE LAND IN URBAN RENEWAL AREA FOR LAUNCH SITE Manager Olander advised the Council he had received a request from Mr. Vito Ruzich, owner of the Hydraulic Fishing and Supply, for permission to use a strip of land just south of the Snelson-Anvil property in the urban renewal area as a launch site. Mr. Ruzich has an immediate nned for such a facility and has proposed to improve the strip of land by grading and filling with gravel or crushed rock so it would be in a condition to be used to launch his new, large vessels. Mr. Ruzich has proposed doing this all at his own risk with no expense to the City. Mr. Ruzich addressed the Council and described, in more detail, his proposal stating he would prefer to invest his money in this manner rather than rent a large crane to launch his boats when they are ready. He said he felt it would be a benefit to the whole community and that it would be possible for others to use the launch site under a controlled situation. Councilman Kiel asked Attorney Mansfield whenther the grading and filling would enhance the property and was advised .it probably would be beneficial as well as with- in the City's rights to do so. Other questions included whether such per- mission should be given by contract and the reply was that since Mr. Ruzich would be paying for it, there would be no problem to allow him to do it with a letter of understanding rather than a contract or lease because it would be available for other people to use it also. Mr. Olander pointed out that, as yet, the City has not received the property finally because there is an appeal pending and the Council has not definitely determined what they wish to do 462 November 2, 1981 - - - - -continued: with the property in the future, so perhaps there should be some discussion on the length of time it could be used in the manner requested. Mr. Kiel agreed. Mr. Moore questioned Mr. Ruzich as to whether he would be saving money by making such improvements and not having to use a crane and said he would prefer it being done by the City for the benefit of all the people rather than being done by a private individual because what if, at some point, the City didn't want it the way it had been done? After additional disucssion, Mr. Ruzich said he realized the City's plans for the property were still very much unsettled and if the City should decide otherwise, he would be still willing to take the risk. Mrs. Kribs said she thought.the proposal was all right, as did Mr. Separovich. Mr. Mansfield pointed out it was not to be considered public access and there should be some regulation and control at the present time. Mr. Ruzich agreed. Motion by Mrs. Kribs that the City accept the gift of grading and graveling, to City specifications, and that a letter of agreement be drawn up by the City Attorney with all conditions outlined therein; and that all requests for use thereafter be directed to Mr. Ford, Public Works Director. Seconded by Mr. Rock. Under the question, -Mr. Olander noted that in the letter of understanding or agree,ent, it should also be stipulated that the Council was not giving up any options for further use of the property. Vote: Ayes --Kiel, Moore, Rock, Kribs, Separovich, Cleland. Motion carried. BUDGET REVIEW SCHEDULE Manager Olander suggested the following dates for the Council's review of the proposed 1982 City budget: November 11th, 19th, 24th; December 3rd, 10th, and 17th. These dates were approved by Council. Mr. Dildine asked where these study sessions would be held and was advised they would be probably downstaris in one of the smaller meeting rooms. Manager Olander then asked regarding labor relations. 8:30 p.m. the Council to remain for a brief executive session Meeting adjourned to the executive session at Ida Rolph, Exec i1b Secretary November 16, 1981 %K ';ylleparovic , Vice -Mayor Meeting called to order by Mayor Figenshow at 7:30 p.m. 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 on November 2, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Carried. There was no correspondence to be read and no one from the audience responded to the Mayor's invitation to speak on any subject not on the agenda. OLD BUSINESS - There was no old business to be considered. NEW BUSINESS.- PUBLIC HEARING ON PROPOSED BUDGET FOR 1982 Mayor Figenshow declared a public hearing open and asked City Manager Olander to briefly outline the pro- cedure followed in formulating the City's budget and said the Council will be holding several study sessions to consider in detail the proposed budget. He said the public was invited to attend these study sessions. He also explained that state law required the holding of two public hearings on the budget; there would be another on Dec. 7, 1981 for public in -put. Copies of the preliminary budget are available in the City Clerk's office and at the Library. Mx. Olander then explained that the proposed 1982 budget was in balance, with no tax or utility rate increases, in the .amount of $7,710,513. This is an increase of 4.60 over the 1981 budget. He proposed showing several summary charts for the benefit of the audience and, while he was preparing to do so, Mayor Figenshow said he was disappointed that there was little attendance at the previous study session which was held at the Library, despite wide publicity of the meeting, and hoped there would be more public interest in the future study sessions. Mr. Olander then showed a."Summary of Expenditures by Funds" which compared the 1980 actual expenditures, the 1981 budget and the 1982 estimate for each of the 25 different funds under which the City operates. The same comparisons were made on a chart of "Expenditures by Category" which also showed the percentage of the total City budget spent for each category. There was a chart showing the reserves for operation and construction and a chart which compared the property tax levy for the years 1977 through 1982 and the distribution of this tax money into the M2November 16, 1981 - - - - continued: various City funds.. Mr. Olander pointed out that the millage has been reduced every year due to the state "106%" law. Another chart indicated where the revenue comes from and where it goes and the percent of the total derived from each source of revenue. There was a breakdown of the expenditures in the General Fund by category. The General Fund includes such City services as police, fire, attorney, planning, municipal court, personnel, etc. Mr. Olander suggested that anyone wishing additional, more detailed information should attend the budget study sessions. The dates of these sessions are: November 19th and 24th, December 3rd, 10th and 17th at 7:00 p.m. in one of the smaller meeting rooms at City Hall. There followed a brief discussion by members of the Council concerning the time it takes to properly review a proposed budget and Mayor Figenshow invited comments from the audience. There were none. Public hearing then continued .to the meeting of December 7, 1981. ORDINANCE AMENDING 1981 BUDGET. George Khtaian, Fiannce Director, advised the proposed amendment to the 1981 budget was necessary due to additional interest which had to be paid on the interest-bearing warrant being held by People's Bank in connection with the urban renewal project. He briefly reviewed the circumstances necessitating the issuance of this warrant and the reason there is additional interest to be paid is because the litigation on the urban renewal property has not yet been resolved. Inasmuch as the General Fund is now experiencing a tight financial condition, he said he had been instructed to transfer the interest charge to the Revenue Sharing fund, hence the necessary budgetary amendment. There followed discussion of the amount of interest to be paid and the apportion- ment between the City and Mr. Peter Gregory, who also is involved as an owner of property in the urban renewal area and was brought into the subject litigation. Mr. Cleland and Mr. Moore questioned the source of the funds and whether using them in this fashion would deprive some other project or department. They were advised it would not. Attorney Mansfield then read, by title, an ordiannce amending the 1981 budget, the Revenue Sharing Fund, in the amount of $27,158. Motion by Mr. Separovich, seconded by Mr. Rock, that the ordinance be adopted and given ORDINANCE NO. 1864. Vote: Ayes-- Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Separovich. Motion carried. AWARD OF BIDS ON STREET OVERLAY PROJECT Public Works Director, David M. Ford, Jr. advised that on November 10, 1981 bids were opened for an asphalt overlay project of the northbound lane of "R" Avenue between 22nd Street and 34th Street and an overlay on the entire portion of "0" Avenue between 2nd and 6th Streets. Bids received were: Marine Aspahlt--$45,393; Krieg Construction, Oak Harbor -- $49,999; Associated Sand and Gravel, Everett --$57,974. The estimate of the Engineering Department was .$63,460. It was Mr. Ford's opinion that the low estimate from Marine Asphalt was very good and should be accepted by Council. The Council agreed, but asked whether the job could still be done this year, and Mr. Ford replied that if the weather remains good, it could be done; if not, it could be put off until next spring. Motion by Mr. Separovich, seconded by Mr. Cleland that the low bid of Marine Asphalt in the amount of $45,393 be accepted. Vote: Ayes-Separovich, Figenshow, Cleland, Kiel, Moore, Kribs. No -Rock. Motion carried. Mayor Figenshow then (at 8:10 p.m.) declared a brief intermission in order that the Council could have an executive session to discuss appointments to the various boards and commissions of the City. Meeting reconvened at 8:25 p.m. Mayor Figenshow said the following persons had been recommended for the Forest Management Committee: Bill Ellin, term 1 yr.; William Stitt, term 2 years; Robert Harr, term 3 years; Bob Rose, term 4 years; Del Taylor, term 5 years. Motion by Mr. Kiel, seconded by Mr. Moore, that these appointments to the Forest Management Committee be confirmed. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. Motion was then made by Mr. Separovich, seconded by Mr. Rock, that Mr. Norwood Young be re -appointed to the Board of Adjustment: Vote: Ayes --Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. Mr. Figenshow then announced that Mr. Charles Williams, former Anacortes High School principal , had been appointed to the Civil Service Commission. There still remains a vacancy on the Park and Recreation Advisory Commission and the Museum of History Board. Councilman Separovich said he felt that inasmuch as the City had receive a letter from the D.O.E. concerning the wastewater at the water treatment plant extending the date for compliance with the requirements, that the City should no longer continue with the consulting firm. He was advised that the present contract was for engineering only and that the work was 95%-97% complete. It was Council's general opinion that the work should be finished and the application submitted and .then no further proceedings until the contents of 463 November 16, 1981 - - - continued: the subject letter clarified. Mr. Olander said a meeting had been requested with the D.O.E. for clarification of the contents of the letter received. Mayor Figenshow said he felt the City should take steps to initiate legislation (by contacts with the state legislators) to eliminate the need for the present requirements. From the audience, Mrs. Joy Werner addressed the Council and said she had been asked by residents of the Harbor House to request the City to re -paint crosswalks across "Q" Avenue and possibly put up.signs a short distance in either direction to warn motorists of pedestrians.crossing. The elderly residents of the Harbor House have complained that it is very difficult for them to get across the street to go to the stores for shopping. Mrs. Werner was advised that information from the State Highway Department indicates that painted crosswalks give a false sense of security and actually cause more accidents than when there are none. However, this request will be taken to the Traffic Safety Committee for their recommendations. There was also discussion about repairing some of the bad sidewalks in the area and it was pointed out there is money in the 1982 budget to do some of this badly needed work. There being no further business to come at 8:45 p.m. Ida Rolph, 3cu ive Secretary November 30, 1981 (Special Meeting) before th Council, meeting,a ' ned r K. b`. Figenshow` Mayor The special meeting of the Anacortes City Council was called to order at 7:30 p.m. in the City Hall Community Center by Mayor Knute Figenshow. All Council members were present. Mayor Figenshow opened the meeting by stating to the Council and members of the audience that the purpose of the special meeting was to set special election dates and to discuss the salary of Mayor and City Council members. Stephen Mansfield, City Attorney, read a resolution authorizing and directing the holding of special elections for the purpose of electing seven Council members and a mayor. The resolution set the primary election date for the first Tuesday after the first Monday in February, 1982 with the final election to be held the second Tuesday in March, 1982.. Mr. Separovich moved that the resolution be adopted and the motion was seconded by Mr. Rock. Mr. Kiel asked Mr. Mansfield what would happen if no more than two people signed up for each position. Mr. Mansfield responded that the primary in February would not be held and that the only election would be the one in March. Mr,. Cleland raised the question about the numbering of the Ward positions. He voiced concern that if the positions were not re -numbered, that the past practice of having all of the Ward positions up for election at the same time and all of the At -Large positions up for election at the same time would be changed and that this would.be confusing to the voters. Mr. Separovich objected to re -number- ing of the positions stating this would not be fair to those holding Ward positions that were just elected. After some additional dis.cussion,:Mr..Kiel moved to amend the resolution so that positions 1, 2 and 3 would be the Ward positions and would be:,for an initial two-year term at the March election, with positions 4 through 7 being designated as the At -Large positions and being elected for an initial 4 -year term at the March election. The motion was seconded by Mr. Moore. The vote was: Moore -yes; Rock -yes; Kribs-yes; Separovich-no; Figenshow-yes; Cleland -yes; Kiel -yes. Amendment carried. Mr. Separovich then moved to have all of the Ward positions voted on by the City at large, both in the primary and general elections. Under discussion, Mr. Figenshow said he felt it was the wrong time to do this; Mr. Cleland stated he felt it coudl not be done without a public hearing and Mr. Kiel stated that this was a different issue which should be addressed by the new Council elected in March. The motion was seconded by Mr. Moore for the purpose of a vote and the vote was as follows: Rock -no; Kribs-no; Separovich yes; Figenshow-no; Cleland -no; Kiel -no; Moore -no. Motion failed. Mr. Figenshow then called for a vote .on the original resolution, as amended, to set the election dates in February and March. The resolution was approved unanimously by the City Council and given RESOLUTION NO. 683. City Manager Robert Olander then presented the Council with a Job Description for the duties, responsibilities and hours of the mayor's position. The Job Description was read out loud and there was no discussion. Mr. Kiel moved that the Job Description be adopted. Mr. Rock seconded the motion. The motion was passed unanimously by the Council. November 30, 1981 - - -continued: Mr. Figenshow then introduced a proposed ordinance to set the salary for the new mayor and city council. Mr. Kiel moved that the salary for City Council members be retained at the current $100 per month. The motion was seconded by Mr. Moore. Under discussion, Mr. Separovich stated that he felt that it should be somewhat higher, perhaps at $150 to $200 per month which would be more in line with what Mt. Vernon and other cities are paying for the Council stipend. He stated that with the new form of government that the Council members would have added responsibilities and they should be compensated an additional amount. Mr. Moore stated that he felt that serving as a City Council member was primarily a public service and that the salary should not be increased. Mayor Figenshow called for the vote on the issue and motion was passed unanimously by the City Council to retain the salary of $100 per month. Ordinance was given ORDINANCE NO. 1865 . Mr. Kiel then moved that the mayor's salary should be set at $2,375 per month and the motion was .seconded by Mr. Cleland. Under discussion, Mrs. Kribs said she felt it should be somewhat lower; Mr. Kiel stated he would prefer to see it set at a somewhat higher level in order to attract top quality candidates, but that he would be willing to compromise at the suggested figure. Mayor Figenshow called for the vote and the votes were: Kiel -yes; Moore -no; Rock -abstained; Kribs-no; Separovich-yes; Figenshow-yes; Cleland -yes. Mr. Kiel made a motion that the ordinance adopting those two salary levels be passed, the motion was seconded by Mr. Moore. The vote was: Moore -yes; Rock -yes; Kribs-no; Figenshow- yes; Separovich-yes; Cleland -yes; Kiel -yes. The meeting was adjourned by Mayor Figenshow at 8: .m Robert Olander, Secretary Pro tem K. S. Fins ow -Mayor December 7, 1981 Meeting called to order by Mayor Figenshow at 7:30 p.m. Invocation was given by Father Auer, former Priest of St. Mary's Catholic Church. Roll call found present:Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel, and Ken Moore. MINUTES OF PREVIOUS MEETINGS Motion by Mr. Separovich, seconded by Mr. Rock, that the minutes of the two previous meetings held on November 16, 1981 amd November 30, 1981 be approved as if read. Vote: Ayes --Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. There was no correspondence to be read, and no response from the audience to Mr. Figenshow's invitation to speak on any item not on the agenda. OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON PROPOSED 1982 BUDGET Mayor Figenshow declared the public hearing on the proposed 1982 City Budget to be open and invited comments from the audience. When there was no response, Mr. Figenshowcommented he was disappointed that there had been very "slim" attendance at the budget meetings. He then declared the public hearing closed. NEW BUSINESS AMENDMENT TO TELEPHONE UTILITY TAX ORDINANCE. Manager Olander reviewed the City's current utility tax levied on telephone service in the City limits and stated the state legislature, this past year, had exempted certain phone charges from local utility taxes because the phone companies maintain that individual phone and PBX equipment is now sold by other firms who do not have to pay the tax. Due to these exemptions, the City would lose about $14,000 in revenue and, in order to .make up this deficit, the phone company recommended the City tax the intra -state long distance calls at the 100% rate rather than the 20% rate. Mr. Olander showed a view foil depicting the various items which are taxable and those not taxable. At a study session, the Council decided to adopt a position about midway between the present situation and that recommended by the telephone company which would leave the tax rate at 7% and tax 45% of the intra -state long distance calls instead of 100% as suggested by the telephone company. This compromise will not increase the tax to the citizens, but will merely split the burden equitably between local service charges the long distance rates. Attorney Mansfield read.a proposed ordinance, by title, authorizing the change in the telephone tax as described above. A representative of the telephone company was in the audience and voiced his approval of the Council's determin- ation in the matter. Motion was then made by Mr. Separovich, seconded by Mr. Cleland, that the ordinance be adopted and given ORDINANCE NO. 1866 . Under the question, Councilman Moore credited Mr. McCormick and Mr. Pickett, who attended the Council study session, with the in -put leading to this decision. 1 1 [i December 7, 1981 - - - continued: 465 Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. PROPOSED AMENDMENTS TO ORDINANCE ADOPTING STATE ENVIRONMENTAL POLICY ACT Planning Director Munce reviewed the memorandum forwarded to the Council concern- ing three proposed changes to the existing City Ordinance No. 1795. The first change would make the City Planning Director rather than the Director of Community Development the "Responsible Official". The second change proposed the deletion of the option of the Environmental Impact Statement (EIS) being prepared by a private applicant or a consultant hired by a private applicant and require that the EIS be prepared by the responsible official, or by a consultant retained.by the responsible official in consultation with the applicant and then the responsible official would direct the preparation, determine what data and information are required, and approve the document before it is distributed. The third 'proposed change would delete the SEPA Public Information Center which has to do with how information shall be stored and transmitted. Mr. Munce, in response to the Council's previous inquiry as to what other cities in the state were doing, gave the Council a list of cities of the State of Washington which indicated which cities select and hire consultants to prepare the EIS statements, which ones have a final approval, and those who allow the developer to select the person or firm to prepare the document. There was.only one city out of the 24 listed which allowed the developer to select from a city list. Mr. Munce proposed that Anacortes adopt this last method and approve an "Environmental Impact Statement Preparation Approved Consultants List". He stated that Skagit County had made this change in January of 1981 and was utilizing the referenced list. There followed considerable discussion during which Council members questioned the possibility of City liability after preparation of an EIS, the reasons for proposing the changes, who would be responsible for the cost of the preparation of an EIS, etc. Mayor Figenshow then suggested that Mr. Munce do further research and contact other cities, those with populations more near that of Anacortes, and determine their experiences anddeterminations concerning the proposed new system. This matter was then postponed until the next regular Council meeting. DEDICATION OF STORM DRAINAGE EASEMENT IN URBAN RENEWAL AREA David M. Ford, Jr. Public Works Director, adivsed the Council that this item was a housekeeping measure in that'it had been discovered that the property in the urban renewal area where a storm sewer and outfall were constructed had not had a dedication for the easement for the storm sewer outfall. Therefore, an Easement and Dedication was drawn up granting and dedicating to the public a perpetual easement and right- of-way through certain described properties for the purpose of maintaining and installing the storm drain referred to above. After a brief discussion, motion by Mr. Separovich, seconded by Mr.Rock, that the Easement and Dedication be approved and that the resolution authorizing execution be approved and given RESOLUTION NO. 684. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. PROPOSED SLAE OF SURPLUS CITY PROPERTY Council authorized advertising for sale a vacant lot, 70' X 100', in the 1100 block of 5th Street adjacent to the General Telephone Company building. One bid was received fr-m General Telephone in the amount of $17,500 which was the appraised value of the property. Public Works Director Dave Ford stated he could not see the City being able to utilize this property for public works or public safety purposes or as a City park because Causland Park is only a block away. Motion was made by Mr. Kiel, seconded by Mr. Figenshow, that the staff be authorized to proceed with preparation of a deed and other documents necessary to complete the slae. Under the question, Councilwoman Kribs objected because, even though it was a vacant lot, it was a historic site being the old city hall and fire station location. There followed general discussion about where the funds would go (into the property acquisition fund), whether anyone knew what the phone company intended to do with the lot; whether all the neighbors had been informed of the potential sale (they had) etc. From the audience, Dick Dildine, 1211 6th Street, said that possibly the usefulness of the piece of property might not be seen now, but in the future it could prove very valuable. Mayor Figenshow reminded the Council it had an obligation to pay back funds into other accounts from which money was borrowed to buy the train depot property. Vote: Ayes--Figenshow, Cleland, Kiel. No -- Moore, Kribs, Separovich. Abstained --Rock. Motion failed. Mrs. Kribs suggested possibly leasing the land to the phone company and Councilman Cleland said he did not understand why the Council could deny the sale after voting to sell it. 466 December 7, 1981 -.- - -continued: REQUEST FOR SEGREATION OF LID ASSEMENT - W. BAZEN Mr.Ford advised the City had received a request for an LID assessment segregation on Lots 5 through 10, Block 17, Nelson's Addition to.Anacortes. The owner, Mr. Baze, through his attorney, Mr. Wells, asked that the property be broken into 3 parcels with separate assessments for each. Under LID No. 184, this property was considered one parcel under single ownership and assessed as such. One 2 -lot parcel has been sold and sale of an additional 2 lots is under negotiation. Mr. Ford recom- mended adopting a resolution granting such segregation as this is the standard procedure for breaking up an assessment from a single parcel. The LID involved was No. 184 for street paving. Councilman Kiel asked the zoning in the area and Mr. Ford determined it was RH2A, single family residences. Motion by Mr. Kiel, seconded by Mr. Rock, that the request be granted and resoltuion so ordering the segregation be passed and approved and given RESOLUTION NO. 685. Vote: Unanimous. Motion carried. VACANCY ON PLANNING COMMISSION Mayor Figenshow.announced that the terms of Ernest Baxter and Rick Latham on the Planning Commission would expire on Dec. 31st. Mr. Latham has .indicated he would be willing to serve another term, but Mr. Baxter will not. Anyone interested.in serving on this commission is urged to submit their name to the Planning Commission, the City Manager, or to the Council Mr. Figenshow said appointments would also be made next meeging to the Museum of History Board and Park and Recreation Advisory Commission. PROPOSAL TO LIMIT CAMPAIGN SPENDING Councilman Ken Moore addressed the Council and said he would like to point that that since the voters have initiated a new system of city government, that.it will be political in nature and so there will be costs involved and that the vote could be influenced by the amount of money spent in�the campaign. He said he would like to see, if at all possible, a maximum amount set which could be spent by a candidate for mayor and also some limitations on Council positions also since some are ward positions and some are at -large positions. He said he believes the citizens of the community wish all candidates to run onthe same basis and, if a limitation cannot be put on expenditures, he would suggest the elimination of the filing fees for running for office. Mayor Figenshow asked if there were any comments from the Council and Mr. Separovich asked Attorney Mansfield if anything could be done by the Council towards that end. Mr. Mansfield said he was not aware of any other small city that has a limitation and, as far as the filing fee, he believed it is imposed under state law and until he had researched the matter, did not know whether or not the City could waive the filing fee. After additional dis- cussion, this matter was referred to the n-xt Council study session. Mr. Moore then brought up the matter of the proposed development at Ship Harbor and said that since it seemed to be a subject everyone was talking about, he would like to see the item placed on the ballot for an advisory vote of the people. Council agreed this also would be discussed at the next study session. Mr. Separovich asked if any further word had been received from the D.O.E. regarding the City's objections to constructing a wastewater treatment facility at the water treatment plant. Mr. Ford replied no additional information had yet been received and Mr. Figenshow said the only real answer was to try to get legislation passed which would change the present laws. Mr. Olander said the subject would be on the study session agenda for December 28, 1981 for Council's guidance about the next steps to be taken. Councilman Moore requested a letter received from the Housing Authority be read aloud. Said letter pertained to statements made to the Council at their meeting of November 16th alleging residents of the Harbor House had complained about . sidewalks and crosswalks. The Executive Director of the Housing Authority denied any knowledge.of any complaints, or of anyone falling or being injured because of an unpainted crosswalk or the condition of the sidewalk in the vicinity of the Harbor House; nor have any residents voiced any complaints through that office. Mr. Ford said the Safety Committee still felt that painted crosswalks tended to give a pedestrian a false sense of security. The matter of restricted parking on 4th Street, west of Commercial, will be dis- cussed at a later study session. There being no further business, meeting adjourned to an .executive session to discuss labor negotiatons at 8:50 p.m. Ida Rolph, Execut v4 Secretary .29. Age sj4 , lkyor December 21, 1981 Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. He prefaced the meeting by stating that since it was the last meeting of 1981, he wished to extend his best wishes to everyone for a very Merry Christmas and his thanks to the Council for all their hard work during the past year. ROLL CALL found present: Bud Rock, Karolyne Kribs, Ray Seaprovich, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel, that the minutes of the previous meeting held on December 7, 1981 be approved as if read. Vote: Ayes --Rick, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE City Manager Robert Olander read a letter addressed to the Mayor from the Skagit County Fair Association asking whether or not Anacortes wished to name a representative to their Board for 1982. Council will consider this and advise them. There was also a letter from the Anacortes Housing Authority advising that the term of Willard Evans would expire on December 31st. That .Board suggested his re -appointment, but in accordance with City policy, the Council requested that anyone interested in.serving on this board, submit their name to the Council, the Manager or Mayor. Mr. Olander then drew the Council's attention to a report regarding usage of the Community Center and noted it indicated an increase in 1981 over 1980, through November, of about 24.5. CITIZEN HEARINGS Mrs. Joy Werner, 904 8th Street, addressed the Council and read a prepared statement in which she denied that her request to the Council on November 16th was in any way a complaint; that the letter from the Housing Authority to the Council was completely erroneous and misleading and had caused her great distress; that she had made the request to the Council because she had been asked to do so by residents of Harbor House strictly as a favor to them and wished to set the matter straight. Mr. Pat Brodie, Planning Coordinator Anacortes Shipwrights, addressed the Council and presented a preliminary proposal fordisposition of the urban renewal property currently under study. His proposal was that the area be retained by the City for a public marine haulout facility with the City owning and operating it; with an area with water and electricity for repair and maintenance of boats by their owners and with haulout fees not less than those charged at comparable local facilities... He stressed it should be a self-supporting endeavor, and requested the matter be discussed at a Council study session. In the discussion that followed, Manager Olander suggested that if the Council accepts the recom- mendations of the urban renewal review committee, which included further work by the committee, that this request be referred to the committee for study and recommendation to the Council. Council agreed this should be discussed at a study session. Mr. Terry Myers, 4020 West 6th Street, addressed the Council and asked for a variance of Council policy regarding water extension. Public Works Director, Dave Ford, explained the circumstances leading to the request as follows: about 2 years ago, Mr. & Mrs. Myers applied for and received a building permit to build a home on their property on West 6th abutting Anacopper Mine Road. This permit was based on the extension of water and sewer, in accordance with policy, to their.property: Mr. Myers has been able to extend a 6 -inch water- line a distance of 18 feet into his property and did considerable work to try to get a sanitary sewer line to his property as required, but adjacent property owners backed out and he was forced to install a septic tank system. Accord- ing to City policy, the water extension must be to the far property line which is another 205 feet. At this time, Mr. Myers cannot afford to extend the waterline this additional distance and so is requesting a variance for a period of 5 years to do so. Mr. Myers is willing to sign an agreement stipulating that he will be responsible for installation of the line at the end of, or prior to,•the 5 -year period. There followed lengthy and detailed discussion of the request. Mr. Ford suggested four alternatives as follows: (1) refuse the request entirely; (2) Mr. & Mrs. Myers petition for an LID to cover the cost of the waterline to the proper boundary; (3) an agreement could be drawn stipulting the line must be installed in a 5 -year period; stipulating that if adjacent property owners wish to build and extend the line, Myers would provide the extension across their property and further stipulate that if there is any default by Myers, the City could install the line and put a lien on the property; (4) a well could be installed in the interim. Mr'. Ford said he favored the option of an agreement even though he realized there would be problems of enforcement. Comments from the Council were: Mr. Figenshow said deviation from policies always caused the propblem of where it should stop; Mrs. Kribs said that if entering into such a proposed agreement would not cost the City any money, possibly an acceptable agreement could be drawn; Mr. Kiel asked how the City December 21, 1981 - - - - -continued: could protect themselves in an agreement of this type and Mr. Mansfield said the agreement would have to run with the land and be binding -on any future purchaser but enforcement would be the difficult part. Mr. Separovich said he believed the Council should help in any way they could and was in favor of an agreement with Mr. Myers; Mr. Cleland was of the opinion that whenever the Council granted a variance from its policies on water extensions, roads, etc. they came back to "haunt" the Council, so he was against it. Mr. Moore felt City policies didn't always apply and that this wan an exceptional case and an agreement was in order. Mr. Rock suggested cutting down on the 5 -year period and Mr. Myers said it would be much easier to do in 5 years. Mr. Kiel then moved that the City enter into an agreement with Mr. Myers, as described and allowing a period of 3 years to extend the waterline as required and with covenants to protect the City. Seconded by Mr. Separovich. Under the question, Mr. Moore asked Mr. Kiel his reasons for proposing a 3 -year period instead of 5 and Mr. Kiel said he thought that perhaps in 3 years Mr. Myers might be able to accumulate the necessary funds and that since it is a variance of City policy, it should be resolved as soon as possible. Mrs. Kribs moved to amend the motion and allow5 years instead of 3. Seconded by Mr. Moore. Vote on the amendment: Ayes--Kribs, Moore, Rock, Separovich. No--Figenshow, Cleland, Kiel, Amendment passed. Vote on original motion as amended: Ayes--Separovich, Kiel, Moore, Rock, Kribs. No--Figenshow, Cleland. Motion carried. At this point, Mr. Olander stated the following items would be added to the evening's agenda: reconsideration of sale of excess City property; proposed acceptance of streets, right-of-ways and cost of street lighting in Division 6 of Skyline; and appointments to the Planning Commission. There was no old business to be considered by the Council. NEW BUSINESS ORDINANCE ADOPTING 1982 BUDGET Mr. Olander presented the final 2982 budget stating that the Council and staff had spent many hours studying the City's needs and going over all items .of the budget. The final document is in balance at a total of $7,698,489 which is approximately $25,000 less than the preliminary proposed budget. He pointed out that of this amount over a million dollars is "double budgeted" to comply with state budgeting require- ments. Mr. Separovich asked if there were any funds to better the public address system in the Council Chambers this year and was advised that perhaps additional study of the matter could be done. Mr. Olander read, by title, the ordinance adopting the budget and salary schedule for all municipal pur- poses and uses for the year 1982. Motion by Mr. Cleland that this ordinance be passed and approved was seconded and passed unanimously. Ordinance was given ORDINANCE NO. 1867 . ORDINANCE AMENDING 1981 BUDGET Finance Director, George Khtaian, explained that the proposed ordinance amending the 1981 budget was for housekeeping purposes and was necessary due to the purchase of the Burlington -Northern property. There was no actual transfer of funds, just a change in the appropriation. Mr. Mansfield read the proposed ordinance, by title, Mr. Separovich moved that the ordinance be passed and approved and given ORDINANCE NO. 1868. Vote: All ayes. Motion carried. ADOPTION OF RECOMMENDATIONS FROM URBAN RENEWAL REVIEW COMMITTEE Planning Director Ian Munce, briefly reviewed the recommendations proposed by the Urban Renewal Review Committee and, after a brief discussion, Council agreed they should discuss the recommendations with the Committee at a study session. Mr. Olander then suggested that, to save time, Mr. Brodie's proposal perhaps should be referred to the Committee to review prior to the Committee's meeting with the Council. RESOLTUION ADOPTING 1982 WASHINGTON PARK FEES Parks Director, Steve Colby, advised the proposed fee schedule for 1982 had been approved by the Park & Recreation Advisory Commission. The only increase is to the fee for the group picnic area from $5.00 to $10.00 and the Group 2 of the Youth Group Camp area changed from $15. to $20. He recommended the Council approve the pro- posed Schedule. Attorney Mansfield read, by title, a resolution amending the fee schedule for the use of Washington Park. Motion by Mr. Moore, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 686. Vote: All in favor, motion carried. RESOLUTION ADOPTING 1982 CEMETERY FEES Mr. Colby said he had been instructed by Council to draw the 1982 fee schedule the same as.the 1981 schedule. He pointed out, however, that since that time, the state raised the sales tax from 5% to 6% which would affect the cost of cemetery expenses. Mr. Mansfield read, by title, the resolution amending the fee schedule for supplies and services rendered in connection with interments in Grandview Cemetery. Motion by Mr. Separovich, seconded by Mr. Moore, that this resolution be adopted and given RESOLUTION NO. 687. Under the Question, Mr. Cleland suggested that December 21, 1981 - - - - continued: perhaps the additional cost to the City because of the additional liner cost should be passed on to the customer and moved to amend the motion to raise the cost of adult liners from $192.00 to $200.00. Seconded by Mr. Rock. Vote on the amendment: All in favor. Amemdment carried. Vote on original motion as amended - all in favor, motion carried. AWARD OF BID ON CEMETERY GRAVE LINERS Bids were requested from 4 firms for grave liners. Only one bid was received from Skagit Vault at a cost of $82.50 per liner per truck load of 10 liners. Mr. Colby recommended acceptance of this bid. Motion by Mr. Moore, seconded by Mr. Cleland that this bid be accepted. Vote: All in favor, motion carried. AWARD OF BID FOR FERTILIZER Mr. Colby advised that bids had been requested (which specified certain qualifications for the best care and maintenance of City -owned parks) for fertilizers and herbicides for 1982. Four bids were received - two of which were complete and two only partial bids. Mr. Colby recommended acceptance of the complete bid from Turfgo Northwest as follows: Weed & Feed Fertilizer $464.50 per ton; shrub fertilizer at $345.25 per ton; granule selective herbicide at $1.24 per lb; Granule Non-selective herbicide at $1.70 per lb.; and Liquid Non-selective herbicide at $67.50 per gallon. Purchase of these items will be from the approved 1982 budget. Motion by Mr. Separovich, seconded by Mr. Rock, that the staff recommendation be approved and the items purchased as listed. Vote: All in favor, motion carried. RESOLUTION SETTING DATE FOR PUBLIC HEARING Mr. Mansfield advised Council that the City had received a petition for vacation of an alley. In accordance with law, public hearing should be held at Council level. He proposed the date of January 18, 1982 and read a resolution, by title, setting that date. Motion by Mr. Rock, seconded by Mr. Separovich that the resolution be adopted and given RESOLUTION NO. 688. Vote: All in favor, motion carried. The item listed on the agenda as an executive session to discuss litigation and property was set forward to the study session of December 28, 1981. RECONSIDERATION OF SALE OF CITY PROPERTY Manager Olander advised Council that one of the Councilmen had requested reconsideration of the sale of the City - owned lot adjacent to the General Telephone Company on 5th and "0" Avenue. Councilman Separovich interjected stating he had made the request because he had discussed the matter with adjacent property owners and they had advised him they wished the City to sell the property to the telephone company rather than have some other less desirous type of industry locate there. Mr. Separovich then moved that the Council accept the bid from General Telephone Company in the amount of $17,500 for the property in question. Seconded by Mr. Kiel. Under the question, there was some discussion of the amount of tax revenue which might be derived from having the property under private ownership and whether there had been any word from the purchaser about what they intended to do with the lot; no definite word had been received. Vote: Ayes --Cleland, Kiel, Separovich, Figenshow. No --Moore, Kribs. Rock -abstained. Motion carried. ACCEPTANCE OF STREETS AND ACCEPTANCE OF COST OF STREET LIGHTING IN DIV. 6 SKYLINE Public Works Director Ford advised that all requirements had been resolved and complied with so that the City could now accept as City property the streets, roads and right-of-ways in Division 6 of Skyline. Over the past few years, certain standards had to be met and they have been taken care of by the Skyline Beach Club, and that body is willing to execute a Quit Claim Deed in favor of the City all roads and road right-of-ways, including all appurtenances thereto, in Skyline Division 6. The City, in return, is to assume the monthly payment of Street light service charges to Puget Sound Power and Light Company. Also, the Skyline Beach Club is to pay the City the sum of $5,800. Attorney Mansfield read, by title, a resolution authorizing acceptance of roads and right-of-ways described above. On behalf of.the Skyline Beach Club, Mr. Parks confirmed that the Beach Club had agreed to make payment, but that he, personally, felt the sum was excessive. He also pointed out that residents in that area have been paying City taxes for some 10 years and in addition, they have had to pay for their street lighting while the rest of the City has received such lighting for free. Councilman Moore commented that when the agreement was drawn, the Beach Club accepted the terms thereof. Motion by Mr. Rock, seconded by Mr. Separovich that the resolution be accepted and given RESOLUTION NO. 689. dependent upon payment of the approximately $5,800 agreed to by the Beach Club. Vote: All in favor, motion carried. Mayor Figenshow declared a short executive session at 8:55 P.M. At 9:10 p.m., the meeting. reconvened and Mr. Figenshow advised the Council had considered several applicants to .fill two positions open on the Planning Commission formerly held by Ernest Baxter and Rick Latham. Mr. Baxter did not wish to be re -appointed, but Mr. Latham said he would accept re -appointment. Mr. Figenshow also noted there would be another position open in March. Motion 470 December 21, 1981 - - - - -continued: by Mr. Moore, seconded by Mr. Separovich that Mr. Rick Latham be re -appointed to the Planning Commission for the term beginning January 1, 1982 and ending December 31, 1987. Vote: All in favor, motion carried. Mrs. Kribs then moved that the position vacated by Mr. Baxter be filled with Barbara Jackson for the term beginning January 1, 1982 and ending December 31, 1987. Seconded by Mr. Kiel. Vote: All in favor, motion carried. Mr. Kiel then stated that since this was Mr. Rock's final meeting, on behalf of the Council he wished to thank Mr. Rock for all his hard work; that Mr. Rock had always been on time, had done his "homework" and had been a credit to the Council. Mr. Rock responded by saying he had enjoyed the past 4 years; that he had received an invaluable education and hoped the public would continue to take an interest in City government and endeavor to learn what is going on and what the responsibilities of the Council are.. Everyone generally wished everyone a Merry Christmas and the meeting adjourne a 9:15 p.m. 2 Ida Rolph, Execut ve Secretary K. S. Fi sow, Mayor January 4, 1982 Meeting called to order at 7:30 p.m. by Mayor Knute Figensow. Invocation was offered by Reverend V. J. Bachman of the United Presbyterian Church. City Attorney, Stephen Mansfield, then gave the Oath of Office to the newly elected councilmen: Tom Cleland, Bill Coleman, Charles Kiel and Ray Separovich. Roll Call found present: Bill Coleman, Karolyne Kribs. Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel. Ken Moore entered shortly thereafter. ELECTION OF MAYOR AND MAYOR PRO TEM Inasmuch as the new Mayor -Council form of government will not become effective until after the elections in February and March, Mr. Kiel nominated Knute Figenshow as mayor until that time; seconded by Mr. Coleman. Vote: All in favor except Mr. Figenshow who abstained. Motion carried. Mr. Kiel then nominated Ray Separovich Mayor Pro Tem until the change of government. Seconded and approved ananimously except for Mr. Separovich who abstained. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel that the minutes of the previous meeting held on December 21, 1981 be approved as if read. Seconded by Mr. Cleland and approved unanimously. CORRESPONDENCE Manager Robert Olander read a letter from Mr. Bill Ellin in which he resigned from the Planning Commission of fective January 31, 1982. Persons interested in possibly filling this position are asked to contact the Manager, Council members or Planning Commission members. Mayor Figenshow commented that Mr. Ellin had been an outstanding member and Chairman of the Planning Commission during his 8 years of service. CITIZEN HEARINGS There was no response from the audience to Mayor Figenshow's invitation to speak on any itbm not on the agenda. OLD BUSINESS RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO DEFER WATERLINE INSTALLATION Attorney Mansfield read, by title, a resolution authorizing execution of an agreement with Terry and Mona Myers in which the Council granted an exception to its policy of requiring extension of water lines all the way past property being developed for a period of 5 years, or sooner if other property in the area was developed. The circumstances of this matter were briefly reviewed by Mr. Mansfield and Mrs. Kribs moved that the resolution be adopted and given RESOLUTION NO. 690. Seconded by Mr. Separovich. Under the question, Mr. Cleland asked that the reasons for granting this variance be entered into the record. Mr. Moore said he did not think it was necessary, that it had been thoroughly discussed previously; Mr. Figenshow's opinion was that the Council should not grant such exceptions stating the City was not in the "banking business". Mrs. Kribs disagreed saying the City also was not in the "bankrupting business". In reply to a question about the granting of the exception being legal, Attorney Mansfield said it was because the policy was not an ordinance and being just a policy, the Council could vary its concepts. Mr. Separovich said he felt this was a special situation which probably would never happen again the same way. Mr. Kiel suggested the following factorsbe entered into the minutes as being the circumstances considered