HomeMy WebLinkAbout2022-10-24 City Council Minutes Approved Anacortes City Council Minutes - October 24, 2022
Call to Order
Mayor Matt Miller called to order the Anacortes City Council meeting of October 24,2022 at 6:00 p.m.
Councilmembers Jeremy Carter,Ryan Walters,Anthony Young,Christine Cleland-McGrath, Carolyn Moulton,
Bruce McDougall and Amanda Hubik were present.
Pledge of Allegiance
The assembly joined in the Pledge of Allegiance.
Executive Session
Potential litigation per RCW 42.30.110(1)(i)(20 minutes)
Mayor Miller announced that City Council and the City Attorney would convene in Executive Session per
RCW 42.30.110(1)(i)for approximately 20 minutes to discuss potential litigation. The mayor advised that the
regular meeting would then adjourn with no final action having been taken. Councilmembers Jeremy Carter,
Anthony Young,Ryan Walters, Christine Cleland-McGrath, Carolyn Moulton,Bruce McDougall and Amanda
Hubik attended the executive session.
The Council re-convened after the executive session. Mr. McDougall moved, seconded by Mr.Young to amend
the agenda to add item 8.c.under Other Business, Termination of Contract 20-032-SEW-008 with Pacific Pile
and Marine, LP for the Wastewater Treatment Plan Outfall Relocation-Marine Phase. The motion carried
unanimously by voice vote.
Announcements and Committee Reports
Mayor Miller provided an update on the Tommy Thompson Trestle Trail reporting that the permitting process is
in the final stages and structural drawings should be complete by the end of the week, allowing for the
production of a final cost estimate. He also announced that next Monday is the fifth Monday of October, so
there will not be a City Council meeting,and that evening there will be Downtown Trick-or-Treating from
3:30-5:30pm.
Housing Affordability and Community Services Committee
Ms. Cleland-McGrath reported from the Housing Affordability and Community Services Committee meeting
held on October 20th . The topics discussed included the Police Department and Public Works Department
working with a property owner near Sharpe's Corner to clear an encampment which contained nearly 20 yards
of garbage, ongoing work with property owners to address derelict properties,possible dedicated crisis response
services through Compass Health for Fidalgo Island, an upcoming presentation from Habitat for Humanity to
the Council on developing a parcel to include affordable housing, and the Housing Action Plan.
Planning Committee
Ms. Moulton reported from the Planning Committee meeting held earlier in the evening. The topics discussed
included a briefing from Meredith McIlmoyle on an upcoming presentation to the Council on the'Creative
District'program being improved by the Arts Commission,with goals to bolster the creative economy for
tourism and local businesses associated with the arts,the proposed Community Art and Cultural Center where
the movie theater is currently located,the R4 Bonus Height work plan going before the Planning Commission
on Wednesday night, and finally a reminder that there will be a Housing Forum on Tuesday night in Council
Chambers at 6 pm.
Skagit County Law and Justice Council
Mr. Carter reported from the Skagit County Law and Justice Council meeting held two weeks previous. The
topics discussed included a letter from Skagit County mayors to local legislators addressing laws related to
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vehicle pursuits and House Bill 1140 involving the questioning of minors by law enforcement,urging the
legislators to consider changing those laws in the upcoming legislative session to allow law enforcement to
more effectively deal with issues like illegal narcotics and homelessness.Additionally,the Law and Justice
Council discussed how to work together with experts to develop a plan of action to improve services for
behavioral health, substance abuse and homelessness.
Mayor Award of Merit Presentations
Don Measamer,Planning, Community and Economic Development Director, introduced Deputy Building
Official,Rob Frisinger, and Permit Coordinator,Dave Oicles, as recipients of the Mayor's Award of Merit.
Public Comment
Mayor Miller invited the public to comment on any item not on the agenda.
Mary Jo McArdle declined to comment.
Bruce Baglien of Old Town in Anacortes commented on a homeless individual who is camped out at the end of
K Avenue. He proposed evicting the individuals camping there and developing a waterfront park.
Consent Agenda
Ms. Moulton moved, seconded by Ms. Cleland-McGrath,to approve the following Consent Agenda items. The
motion carried unanimously by voice vote.
a. Minutes of October 17,2022
b. Approval of claims in the amount of$559,603.91
The following vouchers/checks were approved for payment:
EFT numbers: 104584 through 104627,total$328,353.07
Check numbers: 104628 through 104644,total$211,740.26
Wire transfer numbers: 311961 through 312268,total$19,510.58
c. Contract Award: 33rd Street Pavement Project 2022#22-258-TRN-001
d. Contract Award: Learn to Sail Program#22-263-PRK-001
e. Street Fair Application-Downtown Halloween Trick or Treat
Public Hearings
Resolution 3099 updating the work plan adopted in Resolution 3082 regarding bonus height provisions in
the R4 Use Zone west of the Commercial Use Zone related to Ordinance 4031.
Planning Community and Economic Development Director,Don Measamer,opened a public hearing
introducing Resolution 3099 updating the work plan adopted in Resolution 3082 regarding bonus height
provisions in the R4 Use Zone west of the Commercial Use Zone related to Ordinance 4031.
Mayor Miller invited the public to comment on the agenda item.
No one present wished to address the Council on the agenda item.
Mr. Young recounted that it has been a struggle to achieve more housing through increased density, asserting
that he hopes the plan can accommodate everyone and will serve everybody in the community and the City
well.
Mr. Walters suggested that a housing options ordinance, a regulatory document,be brought forth to prescribe
options for'missing middle'housing,pointing out that the Housing Action Plan is a strategic document. He
mentioned that the work plan in the current resolution does not integrate middle housing options into the bonus
height discussion. He lamented that when the Housing Action Plan draft and Existing Conditions Report were
presented to the Planning Commission this week,that options related to 'missing middle'housing could not be
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an integral part of the discussion, as other options could be used to fulfill the needs for other forms of housing
other than five-story buildings. He proposed that the Council should not bind themselves too closely to the work
plan, and potentially revisit it as the public process unfolds. He emphasized that the discussion around housing
should be a holistic one, and that new development must integrate and not dominate the areas where it would be
undertaken. He expressed conditional support for the resolution as drafted.
ANTHONY YOUNG moved, seconded by JEREMY CARTER, to Approve Resolution 3099 adopting a work
plan related to Ordinance 4031.
Vote: Ayes- JEREMY CARTER,ANTHONY YOUNG,RYAN WALTERS,CHRISTINE CLELAND-
MCGRATH,CAROLYN MOULTON,BRUCE MCDOUGALL,AMANDA HUBIK.Nays -None. Result:
Passed
Other Business
Ordinance 4024 Day Care Use Category and Principal Uses Permitted in Residential Zones Amendments
to facilitate the development of Day Care II Facilities in the R4 Zone.
Senior Planner, Grace Pollard, introduced Ordinance 4024 Day Care Use Category and Principal Uses
Permitted in Residential Zones Amendments to facilitate the development of Day Care II Facilities in the R4
Zone. She referred to a presentation that will be included in the final packet materials for the meeting.
Mayor Miller invited the public to comment on the agenda item.
Zeph Arvanitis of Anacortes asked what is the rated capacity of the Samish early learning center. Ms. Pollard
responded that the requested information is not known at this time.
Mr. Young expressed appreciation for the clear presentation of what is available and where there are holes in
daycare capacity. He voiced support for the ordinance,pointing out that daycare is a necessary component for
the City to be competitive in attracting businesses and the workers who staff them.
Mr. McDougall also expressed support for the ordinance and asked why the maximum building size of 4,000
square feet?Ms. Pollard responded that there was no specific reason,though she cited past concern regarding a
large national corporation coming in to develop a very large center. She mentioned that the two most recent
daycare facilities permitted were in excess of 4,000 square feet, and that they had worked individually with the
Planning Commission to remove that requirement.
Mr. Walters agreed that AMC 19.44.010 B.3.d. should be stricken from the draft ordinance.He added that it is
important to have more child care facilities to allow people to get back to work and lower the cost of child care,
pointing out that in the R4 zone it is permitted to build an assisted living facility with no size limits. He then
recommended adding adult daycare facilities under subsection B.3.c.to read"the facility must meet any
applicable Washington State Department of Children,Youth, and Families licensing requirements." He then
referred to the first line in section 3 and recommended striking the provision, "as designated in Table
19.41.040".He termed the ordinance as very straightforward, and pointed out that there are other opportunities
in the code to achieve similar simplification to provide relief to permit applicants from the extensive
Conditional Use Permit process where it does not add any value. Mr. Walters moved, seconded by Ms. Moulton
to approve Ordinance 4024 as presented with the aforementioned modifications. The motion carried 6-1 by
voice vote,with Mr. Young's vote against. Mr.Young voted no because there should be a standard and that the
4,000 square foot limit is appropriate for the city's size.
Ms. Cleland-McGrath asked if the square footage in the childcare facility in the Anacortes Family Center
included the apartments above?Ms. Pollard responded that there was language in the initial proposal that dealt
with this question, and that the Planning Commission decided to strike that language from the proposal. Mayor
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Miller reminded the Council that the ordinance would be brought back before the Council for a formal vote. Mr.
Walters asserted that the provision related to building size would not leave the City or an applicant any way to
pursue a conditional route to exceed 4,000 square feet of building space. Mr. Young mentioned that he was
focused on the idea that the size limit applied exclusively to the childcare portion of a facility and asked that
staff clarify this part of the ordinance when it was brought back before the Council.
2023 Operating Budget,Governmental Funds
Finance Director, Steve Hoglund, introduced the review of the 2023 Operating Budget,Governmental Funds.
He called out the significant increase in liability insurance premiums and the 7.6%increase in salaries and
benefits largely due to newly concluded collective bargaining agreements. Mayor Miller clarified that the
information presented was taken directly from OpenGov.
Administrative Services
Administrative Services Director,Emily Schuh,presented the department's budget. She mentioned attending the
Washington Cities Insurance Authority annual board meeting last week, and a topic of discussion was that the
cost of claims is going up in a hardening insurance market. She attributed those factors to inflationary pressures
throughout the state and associated supply chain issues across the pool of member cities. She added that
inflation will not keep up with City revenue streams, and that the City is working to keep wages competitive
and within the realm of a presentable budget. She then mentioned settled 2023 collective bargaining agreements
with the police and fire bargaining units with a bifurcated rate increase of 2%in January and 2%in July with an
overall 3%cost to the City. She then detailed healthcare rate increases of 4.5 %for Regence and 7.6%for
Kaiser Permanente. Ms. Schuh continued by mentioning that in 2021 there was a salary study that was
incorporated into the 2022 budget and those salary schedules are available on the website. She briefed the
budget according to slides that were included in the packet materials for the meeting.
Municipal Court Public and Defender
Mr. Walters asked if the header could read'Public Defender's Office' instead of'Adult Misdemeanor'. Ms.
Schuh responded that it is directly from the Budgeting,Accounting and Reporting System(BARS)Manual and
is probably not changeable. Mr. Walters followed up by asking if a member of the public was browsing the
budget on OpenGov,would they be able to determine where Public Defender expenses are located. Ms. Schuh
responded probably not without digging and added that the Public Defender's office does not handle juvenile
misdemeanors, so it is somewhat accurate.
Information Systems
Mr. McDougall asked if the category of'Professional Services'was appropriate for software licenses. Ms.
Schuh pointed out that the BARS manual published by the State Auditor's Office drives the BARS numbers
used, and that'Professional Services'essentially covers any purchased services. Mr. Walters asked if there are
any audits to verify the number of licenses we have across all software applications. Ms. Schuh responded that
the City recently completed an audit with Microsoft to evaluate the number of current licenses,there is an
ongoing audit of Laserfiche licenses with the planned expansion in 2023, and a recently completed audit of cell
phones to determine the appropriate number and distribution. Mr. Walters then asked if a replacement for the
Eden accounting software was listed in the Capital Facilities Plan and the associated schedule. Ms. Schuh
responded that as of March 1,2027, Eden would no longer be supported and that it is included in the Capital
Facilities Plan. She continued by mentioning the ongoing effort to move on to another product is a significant
undertaking, as replacing an integrated system that handles accounting,human resources and permitting will be
time intensive and expensive. Mr. Walters expressed concern about the transition,noting that many departments
have started moving away from Eden.Ms. Schuh responded that the City would be receiving a demonstration
from Microsoft on a possible solution in the coming weeks,which is currently used by the Port of Anacortes.
Mr. Walters wondered if it would be worthwhile to contract with a consultant to construct a Request for
Proposal to find a replacement for the Eden software application, as it is very complex,noting that recent
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software purchases such as OpenGov and SmartGov were not subject to this process. Ms. Schuh responded that
this is a good idea and is something that the City is exploring. Mr. McDougall noted that outside of the big three
applications of Eden,Laserfiche and Microsoft,the majority of the spending is on cyber security products,
which are critical to safeguarding the complex technology infrastructure. Ms. Schuh mentioned that there is a
cyber security rider that is offered through the Washington Cities Insurance Authority(WCIA),but the rate
continues to increase with a corresponding coverage decrease due to uneven levels of technological
infrastructure across member cities. She concluded that she is proud of the level of protection these products
provide for the City's technology infrastructure and that WCIA would start to fund the Critical Insight
application for member cities in 2023. Mayor Miller expressed his appreciation for Mr. McDougall's question,
pointing out that all layers of cyber security are critical.
Human Resources
Mr. Young pointed out that diversity and inclusion and anti-harassment training are grouped with other items
such as AWC membership,background investigation,pre-employment screening,Material Safety Data Sheet
online database, safety supplies,recruitment, and alcohol and drug testing, asking why they were grouped
together and if there was any merit to separating some of these items out into individual lines. He asserted that
having them grouped together devalues the importance of each individual item. Ms. Schuh replied that
'Professional Services' is the appropriate category for anything accomplished on a contractual basis and that to
list all of them would make the document less presentable. Mr. Young replied that his concern would be that
funds allocated on one line for these items could mean that funds appropriated for one item could be allocated
towards another and that there should be separate line items for these items, as they are very different in nature.
Ms. Schuh thanked Mr. Young for the feedback. Mr.Walters pointed out that the budget ordinance does not
specify which funds are allocated to specific purposes unless there were to be a proviso added that specifically
states a certain amount of funding be appropriated to a particular line item. Ms. Schuh responded that the
amounts for any expenditure are tracked carefully at the individual BARS level throughout the year.
Fiber
Mr. Walters asked if this document reflects the revenue needed for the capital projects in support of Fiber. Ms.
Schuh responded that it does not. Mr. Walters asked that the budget ordinance reflect that this needs to be
determined. Ms. Schuh responded that when approving the budget,it also includes the Capital Facilities Plan
and associated revenue sources including what is not covered. Mr. Walters then asked what was meant by the
South Fidalgo fiber expansion project. Ms. Schuh responded that this includes areas within city limits along
State Route 20 east of Sharpe's Corner. Mayor Miller pointed out that Mr. Walters presented a valid point and
said that staff will make it clear in the final budget document that there are significant costs associated with
Fiber expansion projects.
Ms. Moulton asked if gaps in the budget for certain line items would be clarified in the final budget document.
Mr. Hoglund responded that the final budget document will consist of all 2023 capital requirements with the
corresponding revenue sources, and that when the Council reconvenes in two weeks the document will include
combined operating and capital expenditures with the balancing resources.
Planning, Community, and Economic Development
Director,Don Measamer,presented the departmental budget referring to slides included in packet materials for
the meeting. Mr. Walters asked if there would be access to Eden information for the transition to SmartGov.
Mr. Measamer responded that SmartGov is very confident that the data will transfer well from Eden, adding
that a great deal of permitting data has been added to the City's Geographic Information Systems,which is
conveniently available for the public to access by individual address.
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Legal
City Attorney,Darcy Swetnam,presented the departmental budget referring to slides included in packet
materials for the meeting.
Police
Police Chief,Dave Floyd,provided an update on department actions in light of the recent comments regarding
homelessness. He mentioned that crimes associated with the homeless community are drug activity, littering,
public urination and defecation, leaking wastewater tanks and non-mobile vehicles,which are being addressed
by issuing 72-hour parking infractions and urging the owners to keep their vehicles in working condition, as
well as issuing numerous criminal citations for littering and leaking wastewater tanks, and pursuing
misdemeanor crimes through Municipal Court for drug infractions after first issuing two referrals for treatment.
In addition,the police are working with property owners to trespass individuals who are unlawfully occupying
private land. He then continued presenting the departmental budget,referring to slides included in the packet
materials for the meeting.
Mr. Walters asked about the interfund service increase of$120,000. Chief Floyd responded that the increase ties
into the Equipment Replacement and Rental fund for vehicles and other items on a replacement schedule,which
was funded at a 50%rate last year. Ms. Schuh added that new nodes for Information Systems in the Police
Department are included. Mayor Miller promised clarification on that line item.
Mr. Walters expressed support for more assistance with parking enforcement,but wondered how a half-time
employee would work. Chief Floyd responded that he would hire someone half-time specifically for parking
enforcement. Mr.Walters asked if it would be an attractive job. Chief Floyd responded that it could be
attractive to someone with school-aged children who could do the job Monday through Friday. Mr. Walters
pointed out that in Mount Vernon the parking enforcement officer covers their salary on enforcement alone,but
doubted that the salary would be covered by performing enforcement on recreational vehicles belonging to
homeless individuals. He asked if there was any estimate on how much revenue additional parking enforcement
would generate. Chief Floyd replied that he did not have one and remarked that while the recreational vehicle
situation was the most visible concern,there were other issues as well that an additional employee would enable
the existing enforcement officer to address. He added that studying the revenue numbers of the current
enforcement officer would not be a good predictor of future revenue. Mr. Young wondered if this employee
would be solely for parking enforcement or other elements of the code. Chief Floyd responded that the Planning
Department has personnel responsible for enforcing building codes, and that this proposed position would be
responsible for responding to abandoned or junk vehicle complaints. Mayor Miller added that this is why this
position is necessary, as the code enforcement officers in the Planning Department do not have access to the
police databases necessary for vehicle enforcement.
Mr. Walters asked if there was a vehicle for every officer. Chief Floyd responded affirmatively. Mr. Walters
asked if any consideration had been given to a model where vehicles are pooled among officers. Chief Floyd
responded that assigned vehicles in neighborhoods serve as a crime deterrent and last longer than fleet vehicles
due to increased care of the individual driver and a tendency of individual officers to want to drive the newer
pool vehicles. Mr. Walters asked how many vehicles there would be if there were not one vehicle for each
officer. Chief Floyd responded that he could reduce the number by 10 vehicles from the current inventory of 28.
Fire
Fire Chief,Bill Harris,presented the departmental budget referring to slides included in packet materials for the
meeting. Mr. Walters asked about the overtime increase of$100,000 and descriptions of benefits adjustments
on various line items. Mr. Hoglund responded that the initial benefits are calculated based on regular pay rates
and then benefit rates for overtime are calculated based upon the overtime pay rate. Chief Harris responded that
the overtime increase was $76,000 for 2023, citing a budget amendment in August 2022 asking for$150,000 in
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additional overtime,thus attempting to split the actual 2022 cost and projected 2023 cost with the addition of 6
hours of monthly off-duty training time. He added that 80%of the increase is in the Emergency Medical
Services fund and 20%is in the General fund. Mr. Walters noted that it reflects $100,000 in the proposed
budget and then a$20,000 reduction from the prior year. Chief Harris responded that this was done to reallocate
funding to avoid any discrepancies in how salaries and overtime are allocated and how the City charges the
state for Ground Emergency Medical Transportation services. Mr.Walters asked if the 2022 budget line
reflected the original or amended budget. Mr. Hoglund responded that it was the original budget amount. Mayor
Miller pointed out that this is used in an effort to provide an effective comparison. Mr. Walters responded that
he would prefer the amended budget amounts. Mayor Miller said that was debatable.
Museum
Museum Director,Bret Lunsford,presented the departmental budget referring to slides included in packet
materials for the meeting. Mr. Walters asked if there are sufficient maintenance supplies in this budget. Mr.
Lunsford responded that there were sufficient supplies and felt confident that they could meet their goals and
serve the public with what is requested. Mr. Walters asked if the painting contract had increased in price.Mr.
Lunsford responded that it came in higher and may need to be rolled into next year depending on the weather.
Mr. Walters followed up asking if the painting of the W.T. Preston stern wheel had shrunk in scope in
conjunction with the cost decrease, and would there be a possibility that it could come in at a higher cost. Mr.
Lunsford responded that it could come in at a higher cost and that the budgeted amount included paint on
vertical surfaces, as most of the horizontal surfaces were painted in 2022. He also remarked that the painting
contract for this year had come in higher than expected and that he expected a similar situation in 2023,but that
they would do their best with the allocated resources to re-paint the W.T. Preston. Mr. Walters asked what the
amount of the Museum reserve fund is now. Mr. Hoglund responded that the reserve fund is in a restricted cash
line within the General fund that is currently$35,000 and that the additional balance of the 2022 painting
contract would be paid from those monies.
Parks and Recreation
Parks and Recreation Director, Jonn Lunsford,presented the departmental budget referring to slides included in
packet materials for the meeting. Mr. McDougall asked about the'Professional Services'line in the Anacortes
Community Forest Lands. Mr. Lunsford responded that this line is a contract with the Friends of the Forest,
who do all the educational programs in the forestland and small contracts for services such as herbicide
application on Heart Lake.
Mr. Young asked if this budget could accommodate increased hours at the Anacortes Senior Activity Center.
Mr. Lunsford said that could be done with staff or contractors in conjunction with the Anacortes Senior Center
Foundation using the quarterly budget amendment process to increase the budget as necessary.
Mr. Walters asked how a fully staffed department could be manifested or if there was a spreadsheet that
describes the level of service we are trying to achieve in terms of how often each service is performed and how
many staff are required to provide those services. Mr. Lunsford responded that he does not have it broken down
exactly that way and related how staffing had to be creatively managed to provide a minimum level of service
during the COVID shut down. He then cited the hiring of a full-time manager at the Anacortes Senior Activity
Center who is supported by the Recreation Director in bringing the department's programs to the senior
community. He offered to provide additional information as desired. Mr. Walters responded that he was trying
to determine how to know what the appropriate staffing level is for all departments to address public concerns
regarding the level of service. Mr. Lunsford responded that the seasonal labor is very important from April
through September for the Parks department.
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Libra
Library Director,Jeff Vogel,presented the departmental budget referring to slides included in packet materials
for the meeting. Mr. Walters asked about the eBook service and whether there is a higher level of service that
would make more books available. Mr. Vogel responded that there is a higher level of service that is
accomplished by purchasing titles specifically for Anacortes through the regular library budget,which is
supplemented by Library Foundation funds. Mr.Vogel added that Library Friends supplemented the physical
books budget by$25,000 last year. Mr. Walters followed up asking if there was a higher level subscription
service that would include more available eBooks. Mr. Vogel responded that there is not,but there are
additional services funded by the Library Foundation including Hoopla,which costs $25,000 annually. Mr.
Young commended the library for their eBook, downloadable media, and DVD services. Mayor Miller
expressed appreciation for all the foundations that bridge City funding gaps.
Legislative,Mayor and Finance
Finance Director, Steve Hoglund,presented the departmental budget referring to slides included in packet
materials for the meeting. Mr. Walters suggested an increase for travel and training in the legislative budget to
accommodate new Councilmembers who might want to attend in-person training sessions. Mayor Miller
responded that should be achievable.
Termination of Contract 20-032-SEW-008 with Pacific Pile and Marine,LP for the Wastewater
Treatment Plan Outfall Relocation-Marine Phase.
City Attorney,Darcy Swetnam, introduced the staff recommendation to terminate contract 20-032-SEW-008
with Pacific Pile and Marine,LP due to indeterminate delays in permitting. She outlined that the next step
would be to let another contract to complete the work once the permits have been issued.
ANTHONY YOUNG moved, seconded by JEREMY CARTER,to authorize termination of Contract 20-032-
SEW-008 with Pacific Pile and Marine,LP.
Vote: Ayes-JEREMY CARTER,ANTHONY YOUNG,RYAN WALTERS,CHRISTINE CLELAND-
MCGRATH,CAROLYN MOULTON,BRUCE MCDOUGALL,AMANDA HUBIK.Nays -None. Result:
Passed
Adjournment
There being no further business, at approximately 9:00 p.m. the Anacortes City Council meeting of October 24,
2022 was adjourned.
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