December 17, 1979------------COntJ.nued RF
Transcription
December 17, 1979------------COntJ.nued RF
321 December 17, 1979------------COntJ.nued I RF.SOLUTION URG:ni; CITIZENS '10 Cl)NSERVE ELECI'RICITY Mayor Figenshow then asked Attorney Mansfield to read in its entirety a resolution urging the citizens of Anacortes to conserve electricity whenever possible due to the situation in the State where supplies of electricity appear to be inadequate to properly neet the needs of all the citizens Motl.on by Mr Kl.el seconded by Mr Sloss that this resolution be adopted and given RESOLUTION J:l> 574 Vote Ayes--Rl.ce, Separovich, Figenshow, Sloss, 1Kl.el, Rock Motion carried There was sate discussion of the drainage problems facing the City crews due to the recent heavy rains and then Mayor Figenshow asked the Comcil members to stay for a brief executive session concerning property values There being no further business to at 9 30 p rn CXJie before the Comcil, neetJ.ng adJOumed January 7, 1980 I MeetJ.ng called to order at 7 30 p rn by Mayor FigenshcM by Reverend JJ..rn Kirby of the Southside Christian Church Invocation was rendered I Roll call fomd present Bud Rock, Ray Separovich, Knute Figenshow, Karolyne Kribs was excused Ken Moore, and Charles Kl.el ELEx:'l'ION OF OFFICERS Ray Separovich said he had been asked by the absent Ka:rolyne Kribs to request that this item be deferred to a later neeting if possible Attorney Mansfield said it would be possible Ken Moore also said he would like to see it deferred because of the absence of Mrs Kribs Charles Kl.el nam.nated Knute Figenshow as Mayor for the next two years Seconded by Mr Rock Vote Ayes Rock, Figenshow, Kl.el No--Separovich, Moore Motl.on failed for lack of total of 4 votes yes or no MINUTES OF PREVIOUS MEm'ING Motl.on by Mr Rock, seconded by Mr Sepa:rovi.ch, that the minutes of the previous neetJ.ng held on December 17, 1979 be approved as if read Vote Ayes--Separovich, Figenshow, :MOore, Kl.el, Rock Motl.on carried Cl)RRESPQNDENCE - CITIZEN HEARINGS There was no correspondence and no one f:rorn the audJ..ence asked for hearing I OLD BUSINESS - CONDITIONAL USE PERMIT APPLICATION, Jack Hinshaw Ken Kinzel, Planru.ng and Corrmuru.ty Development Director, advised Council that Mr Hinshaw had requested hl.s application be placed on the agenda for this neetJ.ng, but since Mr Hinshaw was not present, notion by Mr Rock, seconded by Mr Moore that consideration of this application be deferred for two weeks Vote Ayes-Figenshow, Moore, Kl.el, Rock, Sepa:rovich Motion carried 322 January 7, 1980 --------------continued APPOIN'IMENTS Mayor Figenshow stated he had received request to appoint a replacenent to the position vacated on the Housing Authority by the death of Mr van Hom The Housing Authority suggests Mr Nick Petri.sh for thJ.ls position Also, the Housing Authority requests that June Gates, who's term ends January 1, 1980, be re-appointed for another 5 year term Motion by Mr Separovi.ch, seoonded by Mr Kl.el, that both of these appointnents be made as reocmrended Vote Ayes--Moore, Kl.el, Rock, Separovich, Fi.genshow Motion carried I The term of Bertha saJ.non on the Library Board also expired 1/1/80 The Library Board reoomrends that she be re-appointed for another 5 year tenn Motion by Mr Kl.el, seoonded by Mr Rock that the a'PPointnent be made as recanrcended Vote Ayes--KJ..el, Rock, Separovich, Fi.genshow, Moore Motion carried REU.IEST '10 CALL FOR BIDS - Police Chief, 'lbny Lippe, requested pennission to call for bids for a new police car as allowed in the 1980 budget Motion by Mr Kl.el, seconded 'bi Mr Rqck, that penni.ssion be granted Vote Ayes-Rock, Separovi.ch, Figenshow, Moore, Kl.el Motion carried LID EOND ISSUE (LIDs 184-186-188) George Khtai.an, Finance Director, presented an ord.1!l1a.n.ce prepared by the City's bonding attorneys which will f onnalize the percentage rate and authorize the issuance of the bonds for the payment of LIDs 184, 186 and 188 in one issue of $405,000 total The bonds will be sold to Foster and Marshall as previously authorized Attorney Stephen Mansfield read the proposed ordinance, by title "An Ordinance establishing Consolidated local Inprovenent District No 184 et al and "Consolidated Iocal Inproverrent Flmd, District No 184 et al", fl..Xl.Ilg the anount, fonn, date, interest rate, maturity and denaml.nations of the Consolidated local Inprovenent District No 184 et al Bonds, and oonf.uming the sale and directing the issuance and deli.very thereof to Foster & Marshall Inc , Seattle, Washington " Motion by Mr Separovi.ch, seoonded by Mr Kl.el, that the ordinance be passed and approved and given ORDINANCE 00 1809 Vote Ayes--Separovi.ch, Figenshow, Moore, Kl.el, Rock Motion carri.ecr- I OPTIONAL AGREEMENT WITH W C RCX::KWELL Public Works Director, David M Ford, Jr , stated that the City has negotiated a final purchase price agreenent with Mr & Mrs W C Rockwell for a portion of their property to be used as a west end road right-of-way These property owners asked for an optJ..onal agreerrent to allow them t:b re-purchase the land I if the City did not oonti.nue with the aoqw.sition of other right-of-ways or were not able to aoqw.re them within a period of two years Mr Ford said this was a reasonable request and recarmended allOW"ing this optional agreenent as well as the purchase of the property being approved Attorney Mansfield read, by title, the proposed Resolution allowing this optio:i1al agreenent with Mr & Mrs Rockwell Motion by Mr Rock, seoonded by Mr Separovich, that the Resolution be adopted and given RESOLUTION 00 575 Under discussion, Mr Moore asked if it would be mandatory that the Rock.wells re-purchase the property if the City failed in their proJect and Mr Mansfield explained to hl.m that it would not be mandatory that they do so, but would only give them the right to do so Vote Ayes--Figenshow, Moore, Kl.el, Rock, Separovich Motion carried OPTIONAL AGREEMENT WITH K D KR.IRS Mr Ford advised the Council that this was a second final purchase negotiated with property owners for land to be used as a West end road right-of-way These property owners also wished the right to re-purchase the land in the event the Cl.ty was not able to follOW" through with the proJect within two years Mr Ford also noted that the agreerrent with Mr & Mrs Kribs was actually agreed to about two m:mths ago Motion by Mr Separovi.ch, seoonded by Mr Rock that the proposed resolution (read by Mr Mansfield by title) be I 323 January 7, 1980 --------------Continued adopted and given RF.soWTION NO 576 Vote Separovich, Figensh.ow' Motion carried I Ayes--Moore, Kl.el, Rock, JIM RICE DAY Col.lll.Cilman Kl.el read in full a proposed resolution authorizing the naming of Friday, January 18, 1980, as Jl.In Rl.ce Day to honor and thank Mr Rl.ce for his long and excellent work on behalf of the ccmm.m.J..ty as a Councilman and Mayor Mr Kl.el then noved that the resolution be adopted and given RF.soLUTION NO 577 Motion seconded by Mr Separovi.ch Vote Ayes--Kl.el, Rock, Separovich, Figenshow, Moore Motion carried It was noted then, that Mr Hinshaw was in the audience .Motion by Mr Rock, seconded by Mr Separovi.ch, that the Council re-consider the item of Mr Hinshaw's application for a condl.tional use pe:rnu.t Vote Ayes--Rock, Separovich, Figenshow, Moore, Kl.el Motion carried I APPLICATION FOR CONDITIONAL USE PERMIT - JACK HINSHAW ' Mr Kl.nzel showed a view foil of a condonwu.um develo:r;.rnent proposed by Mr Hinshaw in the Ship '-Harlx>r area which is a Cormercial Marine zone In order to construct such a develo:r;.rnent, a conditional use pe:rnu.t would be necessary Mr Hinshaw's application was approved by the Planning camu.ssion with no conditions attached Subsequent discussions between City staff and Mr Hinshaw resulted in a list of items which, if Council desires, could be attached to the pe:rnu.t if granted For the benefit of Councilman Moore, Mr Olander explained the reasons a conditional use pe:rnu.t is reqw.red in the zoning code Mr Kl.nzel then reviewed, item by item, the proposed conditions which could be attached to a condl.tional use pe:rnu.t These items included camon open space, the density, height of buildings, maintenance covenants, vehicle access, parking, the restaurant site, setbacks, use of right-of-way for parking, land coverage, landscaping, water, sanitary sewer, stonn sewer, recreation facilities, internal pathways and the te:rnu.nation of the pe:rnu.t and well as a site plan There then ensued a lengthy discussion with Mr Hinshaw about the area to be involved in his proposed proJect as well as many of the aforementioned items Mr Dildine voiced the opl.nl.on that City staff or the Planning camu.ssion should iron out such problems before such proposals are brought to the City Council and that it seemed to hllil the City's catprehensive Plan was being ignored There was also discussion about Mr Hinshaw's proposed develo:r;.rnent of the northwestern nost corner of his land which Mr Hinshaw described as a multi-purpose facility to house a tavern, a cafe, a retail store and gift shop It was brought out that Mr Hinshaw is hoping to interest other property owners in the area in the develo:r;.rnent of the necessary utilities for the area Mr Hinshaw stressed that whatever was done, it would be done in accordance with all City requirements and regulations After additional discussion about the density and the necessity of a legal description indicating the exact land size, several Councilmen indicated they would like the matter delayed until it could be discussed further at a study session Mr Hinshaw had no obJections and Mayor Figenshow declc.rred the matter would be included in the agenda of a study session 3 weeks hence, on January 28, 1980 EXEOY!'IVE SESSION Mayor FigenshOAT then asked the Council to remain for an Executive Session to discuss the appointnent of a person to fill the vacancy on the Council created by Mr M..1.ller' s leaving I 324 January 21, 1980 Meeting called to order at 7 30 p m by Mayor Knute Figenshow Roll call found present Bud Rock, Ka.rolyne Kribs, Ray SeparovJ..ch, Knute Figenshow, Charles Kl.el, Ken Moore MINUTF.S OF PREVIOUS MEEI'ING Motl.on by Mr Rock, seconded by Mr Separovi.ch, that the nunutes of the previous neeting held January 7, 1980 be approved. as if read Question by Mr Moore about Mr Kirby being the Pastor of the Southside Chrii=>tl.an Church Secretary referred to her Church Roster and confumed that this was correct Vote Ayes-Rock, Kribs, Separovich, Figenshow, Kl.el, Moore Motl.on ' carried I OORRF.sPONDENCE Mayor Fi.genshow read a letter from Arthur J Kager i.nqw.ring about obtal.ru.ng a pernu.t to cut the fallen fir trees and down tJ.mber fran City land around Heart Lake Mr Kager wished the wood for fireplace wood and stated he would not sell the wood and would pi.le the brush and be careful Mayor Fi.genshow cxmrented that I the City was presently working to develop a forest managenent plan and said he was of the opl.Ill.on that no one should be allowed to cut wood on City property at the present tJ..ne Mr Separovi.ch said he agreed Mr 1 Kl.el then noved that the l.Ildl.vi.dual who had been given pernu.ssion previously be asked to cease doing so and that the City take nea.sures to enforce the preventl.on of cutting until such tJ..ne as the City can adopt their forestry plan Seconded by Mr Rock Vote Ayes--Kribs, Separovi.ch, Figenshow, Kl.el, Moore, Rock Motl.on carried Mr Olander was directed to contact the party who had been given pernu.ssion previously and explain the City's reasons for revoking its peillll.t I Mr Olander then read aloud a letter Mr and Mrs Harold Rossiter of Guerres Island camending the City for the improvement to the street and sidewalks on Ccmrercial Avenue CITIZEN HEARINGS Mayor Figenshow invited anyone from the audience to speak on any subJect not appearing on the agenda and Mr Bob Rose presented a bcx:>klet to the Council contal.Ill.ng all the resolutl.ons of the City and the coU:nty, letters, etc regard1 ing the Heart Lake proJect Mr Rose reported that it appeared from the hearings in Olynpia that the State would develop the area aromid Heart lake into a State Park, the State Land camu.ssioner, Mr Cole, endorsedlth.e proJect, etc Mr Rose also advl.sed the COtmci.l that a clean-up party hauled1out 3 pi.ck-up loads of trash and garbage from the area during the course of one day and saw where two trees had been recently cut down and hauled away He suggestedlCity put barriers across roads to prevent people fran using the area as a private dump Park Di.rector Colby said the City had cleaned it out previously, put up cables etc all to no avail, that the only way would be to put up a pennanent structure Mr Ford said the same problem existed in the wtustle lake area and'the City would have to go to extremes to block off the area - also the sane at thejold garbage dump locatl.on Mr Rose said a finn City policy is what is needed to ,prevent this vandalism and the cutting of trees on City property Mr Rock suggested posting should be done to warn people of the penalties and Mr Olander ccrnmanted that the forest plan could very well cx:me up with a plan where people could1 legally cut wood in a regulated fashion Mr Dildine said he felt the City should not put any m:::>re roads into these areas th.al'l is absolutely necessary and thatI people who do dump their garbage and othel:wise vandalize the areas alnost always leave their own identifi.catl.on if the City would look for it Mr Kl.el said the person who had been given pernu.ssion sorre tJ..ne ago did ask for it and did do a good JOb as he had pranised the City he would do I 1 IOUNATIONS FOR MAYOR AND MAYOR PRO-T.EM Mrs Kribs nonu.nated Ray Separovl.ch for Mayor Mr Moore seconded the nonu.natl.on Vote Ayes-Separovi.ch, Moore, Kribs No--Fi.genshow, Kl.el, Rock Motl.on failed Mr Kl.el then nonu.nated Mr Fi.genshow for Mayor and Mr Separovl.ch for Mayor Pro-tern I 325 January 21, 1980 --------------continued Seconded by Mr Rock Vote Separovich Motion failed I Ayes--Kl.el, Rock, Figenshow No--Moore, Kribs, Mayor Figenshow suggested Cmmcilman Moore and Councilman Rock as a Legislative camuttee to review and work on legislative matters Motl.on by Mr Kl.el, seoonded by Mr Separovich that they be so naned Vote Ayes--Kl.el, Moore, Rock, Kribs, Separovich, Figenshow Motl.on carried Mr Olander asked if the Council wished to receive copies of the Association of Washington City bulletins and was advised that they would NEW BUSINESS PUBLIC HEARING ON Rmt.JF,ST FOR VACATION - STITIWX)D Mayor Figenshow briefly outlined the procedure for the public hearmg and then declared a Public Hearl.Ilg open to consider an application by Mr Stitt to vacate the lot lmes m Phase 3 of his Planried Uru.t Devel0pte11t which had been approved by the Council several years ago Mr Ken Kinzel, Coomuru.ty Development Director, showed view foils mdicating the original lot ll.Iles and advised that Mr Stitt was requestl.Ilg an ad.Justnent and relocation of the lot lmes No other oondl.tions of the PUD would be effected Mr Kinzel said the Plannmg camussion had considered the vacation request and had held a public hearmg on the proposed re-plat No adverse cc:mrents had been received and the Planning camussion recomrended the change be granted Mr Kinzel also said the City staff recamended approval of the vacation and approval of the replat The purpose of the re-plat was to gam and utilize a better view of Mt Bak.er Mayor Figenshow then asked Mr Stitt if he had any ex>rments and Mr Stitt pomted out that the proposal would be a decrease m density for the area m question and will actually mcrease the size of the lots so they can be used either for smgle family residences or duplexes There bemg no further cc:mrents from the audience, Mr Figenshow declared the public hearmg to be closed I Mr Sepa.rovich then noved that the vacation be granted as requested Seconded by Mr Rock Vote Ayes-Kl.el, Moore, Rock, Kribs, Sepa.rovich, Figenshow Motl.on carried PUBLIC HFARING ON AMENIMENT 'ID PUD - STITIWX)D Mayor Figenshow declared a Public Hearmg open to oonsider the proposed anen.dnent to the lot ll.Iles 1I1 Phase 3 of the Stl.ttwood Planned uru.t Devel0pte11t There was no additional discussion on the proposal and Mr Figensh.oW' declared the public hearmg closed Mr Separovich then IIDved that the arrendnent and re-plat proposal be approved Seoonded by Mr Kl.el Vote Ayes-Moore, Rock, Kribs, Separovich, Figenshow, Kl.el Motl.on carried 1980 WASHINGION PARK FEES Parks Director, Steve Colby, presented the proposed fees to be charged at L Washmgton Park during 1980 These proposed fees had previously been studied by the Council at study sessions and a resolution adopting same was presented for their consideration Motion by Mr Kl.el that the 1980 washi.ngton Park fee schedule be set in the anomits as specified and RESOWTION ro 578 be adopted as read Seconded by Mrs Kribs Mr Moore questioned the fees for carrpmg charged to local residents and then noved to am:m.d the original notion to the effect that the fee for carrpmg for residents be raised not nore than $ 50 Seoonded by Mr Separovich Vote on the amen.drrent Ayes--Rock, Kribs, Separovich, Figenshow, Kl.el, MJore .Atrendmemt passed I Mr Moore then IIDved for another anendrrent to the original notion to the effect that the tJ.Ite span for off-season rates be changed fran October 1st -- Marcil 31st to November 1st -- March 31st This anendment died for lack of a seoond Vote on the original notion Rock Motion carried Ayes--Krl.bs, Separovich, Figenshow, Kl.el, ~re, 326 January 21, 1980 ----------------continued 1980 Cll1E'I'ERY FEES Mr Colby polllted out to the Council that the schedule presented for consideration has l.Ilcreases only lll those items passed along to the city fran suppliers Council had previously studied this schedule at a study session Mr Olander read, by title, the proposed resolution adopting the fee schedule Motion by Mr Rock, seconded by Mr Separovi.ch that the Resolution with the 1980 cemetery fee schedule be adopted and given RESOLUTION NO 579 1 Vote Ayes--Separovich, Figenshow, Kl.el, Moore, Rock, Kribs Motl.on carried I OOUNCII. OOAL-SEl'l'ING SESSION Discussion was held concerning the date and place for a two-day goal-setting session by the Council and the Department Heads Sane 1 i.nqw..ries have been ma.de, but no defl.Ilite quotations yet received It was the concensus of cpl.Ilion by the Council that the location should be sane place ~e they could get away ovenu.ght and not be distracted by travell.Ilg between sessions Also, they decided a better tine would be the weekend followlllg the Washlllgton Birthday holiday Manager will endeavor to make arrangements followl.Ilg these guidelllles Mr Stitt asked the Council to consider the item of boat trailer parkl.ng durl.Ilg their sessions ORDINANCE AMENDING 1979 BUIX;Er Fmance Director, George Rhtaian, explal.ned to Council that th.ere were three funds whl.ch had exceeded their 1979 budget after final!i.zation of the year-end accounting Library by $800, Street by $3,900 and Firenert's Pension by $700 '1'he overexpendl.tures were due to underestJ..rration at the tine of developlllg the 1979 budget Mr Olander read the proposed ordinance by title and notion was made by Mr Separovi.ch, seconded by Mr Kl.el, that the ordl.nance be passed and approved and given ORDINANCE NO 1810 Vote Ayes--Fi.gensh.ow, Kl.el, Moore, Rock, Kribs, Separovich Motion carried Olander advJ..sed the Council that the item of the proposed Anacortes Railway of Mr Tal1ny Thompson was l.Ilcluded lll the agenda for the study session of January 28, 1980 and gave the members who did not haveI a copy, a copy of the proposal Mr I Mayor Figensh.ow then asked the Council to rema.l.Il for an executive session to discuss the appollltnent of a new Council nenber Meeting ad.Journed at 8 45 p m February 4, 1980 Meeting called to order at 7 30 p m on February 4, 1980 by Mayor, Knute Figenshow Roll Call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Charles Kl.el and Ken Moore Mlllutes of Previous Meetlllg Motl.on by Mr Rock, seconded by Mrs Kribs, that the ml.Ilutes of the previous neeting held on January 21, 1980 be approved as if read Vote Ayes--Rock, Kribs, Separovi.ch, Figenshow, Kl.el, Moore Motl.on carried I 327 February 4, 1980 --------------~-------continued Correspondence City Manager Robert Olander read aloud a letter handed to lum JUSt prior to the neetJ.ng urging the Council to elect Ray Separovich as mayor The letter was signed by 7 residents of Anacortes I Citizen Hearings Mayor F1genshow asked if anyone from the audience wished to speak on any matter not on the agenda and Mr Leonard Newsham of 201 Bradley Drive questioned the Council's position on the suggestion that a canprehensive plan be done on the Shl.p's Harbor area It was hl.s .unpression that sare of the Council thought it would be of no value He was assured that the Council was concerned about the developm:mt of that particular area and would not allOW' it to be developed without proper planning OLD BUSINESS Election of Mayor and Mayor Pro Tern Mr Figenshow called for nami.na.tions for the position of Mayor Mr Sepa.rovl.ch asked to be recogmzed and stated he wished to thank the people who had supported lum, but in the interests of settling the matter, he wished to withdraw hl.s nane as a candidate for the mayor's position He then noved that the Council cast a unaru.nous ballot to elect Knute Figenshow to the position of Mayor for the ensuing two years Seconded by Mr Kl.el Vote Ayes--Kribs, Separovich, FigenshOW', Kl.el, Moore and Rock Motion carried Mayor Figenshow then called for nam.nations for the position of Mayor pro-tern Motion by Mr Kl.el, seconded by Mrs Kribs, that Ray Separovich be elected to the position of Mayor Pro Tern for the ensuing two years Vote Ayes--Separovich, FigenshOW', Kl.el, Moore, Rock, Kribs Motion carried NE.W BUSINESS I ·1 Appointment of New Council Member Mayor F1genshOW' stated that Mr Tam Cleland had been approached and he felt the Council should confll'ffi the appointment Motion by Mr Rock, seconded by Mrs Kribs, that Tan Cleland be appointed to the position vacated by Mr Miller Vote Ayes--Kribs, Separovich, FigenshOW', Kl.el, Moore and Rock Motion carried Attomey Mansfield then adml.ru.stered the Qath of Office to Mr Cleland and he assumed the chair of the seventh Council member Mr Cleland thanked the Council and Mayor for the opportunity to serve the comm.nuty and stated he would do so to the best of hl.s ability Resolution of Intention to change from a Thl.rd Class City to Optional Municipal Code Attorney Mansfield briefly reviewed the purpose and manner of the proposed change stating that there would be no Jmnedl.ate effect, there will be no changing of any of the laws, ordinances, rules and regulations ncM govenung the City '!he ma.Jar advantage would be to give the City nore flexibility, it is a different approach to conplying with the state laws which regulate what a city can or cannot do Mr Mansfield explained that the adoption of the instant proposed Resolution of Intent ccmrenc::es a 90-day period during which citizens could request an election to decide whether or not the change should be made If no such request is presented, then the Council, after 90 days, could adopt an ordinance which would put the City into the classification of Optional Municipal Code He then read, by title, the proposed Resolution of Intent Motion by Mr Separovich, seconded by Mr Kl.el, that the Resolution be adopted and given RESOLUTION NO 580 Under the question, Mr Moore asked for sane specific exanples of the flexibility and Mr Mansfield did so and further stated that no city which has ever made this change has ever asked to change back, also that the classification is gaining wide favor within the State of Washington Vote Ayes--Separovich, Figenshow, Cleland, Kl.el, Moore, Rock, Kribs Motion carried eooperative Agreenent for Radio Pager Purchase (Resolution) Fire etuef, Cecil Little, addressed the Council and said the result of the call for bidS for the 25 Radio Pagers was only one bid reoei.ved from the Motorola Corp The pm:pose of the pagers is to .unprove the dayb.me response by eqw.pping sane volunteers and off-duty paid personnel with these pagers Mr Little learned that Whatoan County Fire Protection District No 7 had awarded a bid for certain radio equi:r;mmt and, as authorized by the RCW, reoannended that Anacortes enter into a JOint purchasing agreement with Whatoam County Fire District No 7 to purchase the pagers and that a resolution authorizing such agreerrent be adopted Proposed resolution was read by Mr Mansfield Motion was then made by Mr Kl.el, seconded by Mr Rock, that the resolution authorizing the City to enter into an In~tal 328 Februacy 4, 1980 --------------continued intergovernmental cooperative purchasing agreerent with Whatcx:m County Fire Protection District No 7, and authorizing the purchase of 25 Ml.ru..tor VHF Pagers and 25 Charging Urn.ts for the pagers in acoordance with the bid oontract of the Whatcx:m Fire District, be adopted and given RESOLUTION 00 581 Vote Ayes--Figenshow, Cleland, Kl.el, Moore, Rock, Kribs, Separovich Motion carried 1 I Menorandtnn of Understanding with Skagit Cormty Regarding Jail Facilities I City Manager, Bob Olander, reviewed the circumstances whl.ch brought about this proposed document stating that Skagit Cormty has applied to the State for six I nullion dollars to build new Jail facilities This ~randtnn of Understanding between Anaoortes and Skagit County is a reqw.renent ofI the State Jail camussion before they can oonsider the County's application because Anaoortes uses the Skagit County facilities in several instances This abcunlent prJ..marily states that the City of Anaoortes supports the Cormty's appli6ation Motion by Mr Separovich, seoonded by Mr Rock, that the City accept1 the Menorandtnn of Understanding Under the question, Mr Kl.el asked if other cities in the Cormty were also supporting the pro]ect and was advised that they ~ Vote Ayes--Cleland, Kl.el, Moore, Rock, Kribs, Separovich, Figenshow Motl.on carried Resolution Authorizing Steering Cormuttee for Convention Center Feasibility Study I Manager Olander briefly reviewed the request from the Chamber of Ccmnerce for a cxmm.ttee for a oonvention center feasibility study ,The Chamber has suggested that funds oollected under the hotel-note! tax be used for such a study if prel.urunary infoz:mation oollected by a steering oo.mrru.ttee warranted it Maria Petri.sh, Manager of the Chamber of Ccmnerce, suggested that one nore person be added to the ll.St of persons suggested for the steering camrm.ttee, a member at large along with a member of the Cormcil, the City Manager, a member of the Chamber of Ccmnerce, a member of the Visitors and ConVentl.on Bureau and a re1 presentative of the Anaoortes Port District There was a brief discussion of the purposes and uses allowed under the m:>tel/hotel tclx and the reasons for includl.Ilg the representative from the Port District and,then Mr Mansfield read the resolution, by title Motion by Mr SeparOVl.ch, seoonded by Mr Kl.el, that the Resolution be adopted and given RESOLUTION 00 582 Vote Ayes-Kl.el, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried I 1 I Resolution Authorizing City Manager to Explore Aoqw.sition of the BurlingtonNorthem Rl.ght-of-way and Fund.mg Sources for Multiple-use Trail Along Guemes Channel Mr Olander pointed out that a trail along Guemes Charlnel has been discussed in the cxmnunity for a number of years It also was included in the ~rehensive Plan of Anaoortes as one of the goals The Cormcil has recently discussed the possibility of a multi-use trail and the first step would be to see whether the railway right-of-way oould be aa;Jlll.red and to explore, sources of funding Mr Mansfield then read a proposed resolution, by title, authorizing this work Motl.on by Mr Rock, seoonded by Mrs Kribs, that the resolution be adopted and given RESOLUTION 00 583 Vote Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kl.el Motion carried Pennission to Call for Bids on Vehl.cle Public Works Director, David M Ford, Jr , stated the public works departrrent wished to call for bids for one 1980 1-ton cab and chassis to be used mainly in the sewer and street depa.rbnents Ftmds for the purchase were approved in the 1980 budget and the estJ.R1ated oost is $15,200 Motl.oh by Mr Separovich, seoonded by Mr Rock, that pe:rnu.ssion to call for the' bids as requested Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kl.el, Moore Motl.on carried 1980 Budget Change Ordinance Finance Director, George Khtal.an, requested two changes in the 1980 budget, one for the purchase of 2 radar lIDl.ts for the Police Depa.rbnent (and grant rel.IIlbursem:mt) which had been anticipated being canpleted in 1979'but was not and (2) I _f 329 February 4, 1980-------------...-.--COntJ.nued I expenditures under the Historic Site Survey Grant (Museum) which were not canpleted in 1979 and will be in 1980 Attorney Mansfield then read, by title, a proposed ordinance allowing these changes in the 1980 budget Motl.on by Mr Kl.el, seconded by Mr Cleland that the ordinance be passed and approved and given ORDINANCE NO 1811 Vote Ayes--Krl.bs, Separovich, Figenshow, Cleland, Kl.el, Moore, Rock Motl.on carried Appointment to Planning camussion Mayor Figenshow then recomrended the appointment or Rick Latham to fill the vacancy left on the Planning Corrml.ssion by the resignation of Neil Fermo Motl.on by Mr Separovich, seconded by Mr Kl.el, that Mr Latham be so appointed Vote Ayes-Separovich, Figenshow, Cleland, Kl.el, Moore, ...,Rock, Kribs Motion carried - I t Peznu.ssion to Apply to Library Grant Librarian, Doug Everhart, then presented infonnation to the Council concemmg a proposed proJect for a cooperative IIUIU.-film circuit which will be participated in by all public libraries in the County Mr Everhart explained that representatives of the different libraries in the County had net and agreed to apply for a grant from the State which would fund for a period of one year the film circuit Tlus would allow each library to receive and use for one nonth a different set of 30 films per nonth The i.ndl.vidual public libraries in Skagit County, on their own could not neet the requi.renents for this circuit, but collectively they could do so It was also explained that after the one year period, the County could continue their nenbershl.p in the circuit for a fee of $2,000 Divided anong the 4 libraries, the cost would be $500 per year and would, thus, increase the number of films ava.J..lable at a cost less than the present budget for securing films directly fran the State Mr Everhart further explained the proposed administration of the grant, etc and that at the present tine, all that is necessary is penmssion to foi::ward a Letter of Intent prior to actual application for the grant Skagit Valley College has also agreed to participate in the proJect Motl.on by Mr Separovi.ch, seconded by Mr Moore, that the Council authorize Mr Everhart to sul:nu.t the Letter of Intent as requested Vote Ayes-Figenshow, Cleland, Kl.el, Moore, Rock, Kribs, Separovi.ch Motl.on carried Offer to Purchase LID Bonds (No 187) Mr Khtaian advised that LID No 187 is ncM at the point where the City can issue the LID Bonds to pay off the revenue warrants which were issued for the construction He explained that the sale of LID Bonds can be negotiated with prospective purchasers rather than having to advertise for bids on them as is necessary with General Obligation bonds and Councilmatic Bonds The final anount of bonds to be issued on this LID is $63,508 The finn of Foster and Marshall have offered to purchase them at a rate of 8 75% Mr Khtaian said this was a fair and ccmpetitive bid and he reoaruended its acceptance Mr Dave Landes, of Foster and Marshall, spoke briefly to the Council about the present bond market and also reiterated that it was a fair and carrpetl.tl.ve bid Motl.on by Mr Separovich, seconded by Mr Rock, that the staff's recarmendation be accepted and the bonds issued acoordl.ngly Vote Ayes--Cleland, Kl.el, Moore, Rock, Kribs, Separovich, Figenshow Motl.on carried I Addl.tl.onal .Member for Forest Planning Camu.ttee Mayor Figen.shOAT read a letter he had received f:rom the Chairman of the Forest Planning camuttee, Bob Rose Mr Rose pointed out that at the b1re of the fonnation of the camu.ttee, the names of several individuals were brought up as posslble nenbers After their first neeting in January, the camuttee feels it oould use the services and expertise of fo:rner Parks Superintendent, Robert Harr, and asks the Council name Mr Harr as a member Motl.on by Mr Separovi.ch, seconded by Mr Rock, that Mr Robert Harr be named as a nenber of the Forest Planning Ccmm..ttee Vote Ayes--Kl.el, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried 330 February 4, 1980------------------contlllued Mr Olander then renunded the Council that the goal-settl.Ilg rneetl.Ilg of the Council and Departnent Heads had been fl.Ilal.ized for February 23rd and 24th at Rosario TJ.Ines of rneetl.Ilgs, etc will be cxmfii:madat a later tJ.Ine He also announced that the MC was holding a legislative ~ssion l.Il Olynpia on February 15th Council members and Mayors are lllV1ted to attend, anyone l.Ilterested should let the City Manager know There belllg no addi.tional busl.Iless to cane before the Comcil, rneetl.Ilg ad- Journed at 8 45 p rn ow, Mayor February 19, 1980 Mayor Fiqenshow called the rneetl.Ilg to order at 7 30 p.1n Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich., Knute '.Figenshow, Tan Cleland, Charles Kl.el, and Ken Moore PREVIOUS MEETING Comcilnan Separovich. noved that the nunutes of the previous neeting held on February 4, 1980 be approved as if read Seconded I by Mr Rock Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kl.el and Moore Motion carried MINUTES OF Mayor Figensha.i read a letter he had received fran Robert Farrar in which Mr Farrar tendered hl.s resignation fran the Planru.ng Camussion CORRESPClIDENCE PRCCI.J\MATION In order to camerorate the anru.versary of the American National Red Cross and recogru.ze the many and varied services provided by the Red Cross, Mayor Figenshow read a Proclamation naming the nonth of March as Red Cross M:>nth and urgl.Ilg the citizens of Anacortes to recognize and support the American National Red Cross I CITIZEN HEARINGS No one from the audience asked to speak on any itan not on the agenda OID BUSINESS There was no old busmess to cane before the Council NEW BUSINESS ORDINAN:E AMCNDING UNIFORM FIRE CODE Fire Chl.ef Little presented to the Council proposed changes to the Unifo:rm Fire Code and Unifo:rm Bw.ldl.Ilg Code havlllg to do with the l.Ilstallation of fire hydrants l.Il the City of Anacortes Mr Little advised that the present regulations are inadequate, that the City has no control over the type of hydrant used, the number of pumper outlets or threads, the color or proper l.Ilstaliation The proposed changes \4.0uld give the City this control along with cbntrol of locatJ..on, size, type, etc of the hydrants City Attomey .Mansfield read, by title, the proposed orchnance and Mr Rock noved that the ord.J.nanc~ be passed and given ORDINANCE NO 1812 Vote Ayes--Kribs, Separovich., Figensh.ow, Cleland, Kl.el, Moore, Rock Motion carried RESOllJI'ICN Am'HORIZil1G RENTING OF CITY PROPERI'Y Ccmnunity Development Director, Kl.Ilzel, sh.owed a view foil on which a certal.Il parcel of property located in the urban renewal area was proposed to be leased to the Willanette-Westem Corporation of Portland, Oregon Thl.s is the dredging carpany who has done dredging on prior proJects in the Fidalgo Bay area of Anacortes Anacortes Manne Enterprises purchased the subJect piece of property fran Herb HJ..cks, but has not yet taken possession of it, therefore, the City can lease the ._ parcel \.ffitil the purchaser complies with all the requirenents necessary to take possession Willarrette-Westem wish.es to use the locat10n to store dredgl.Ilg eqw.:prent durl.Ilg the course of th.eJ.r proJect Attomey Mansfield verified that the City has this option and read the proposed resolution authorizlllg the leasl.Ilg of the parcel, by title MotJ..on by Mr Separovich, seconded by Mrs Kribs, that the~resolution be adopted and given RESOLUTION NO 584 Vote Ayes--Separovich, Figensh.ow, Cleland, Kl.el, Moore, Rock, Kribs Motion carried Ken I I 331 Februacy 19, 1980-------------------ContJ..nued I AUI'HORITY 'ID PURCHASE FURNISHill;S FOR .MUNICIPAL BUIIDmG RENOVATION City Manager, Robert Olander, reviewed the proJect budget for the renovation of the Municipal Bw.ldlng, Phase II, and advised that it appeared there "V.Ould be approXl.lTiatelt $13,000 remaining As Council had previously been advised, these funds could be used to upgrade the furniture and eqw.pment sorely needed in the Municipal Building offices, and pe:mu.ssion was requested to do so After a brief discussion, notion by Mr Kl.el, seconded by Mr Separovich, that authority be granted to purchase the items described on the presented list not to exeed the sum of $12,591 Vote Ayes--Figenshow, Cleland, Kl.el, Mcx>re, Rock, Kribs, Separovich Motion carried \ APPOINTMENTS 'ID PARK AND RECREATION ADVISORY CXMITSSICN Mayor Figenshow recamm=nded that Ralph Edwards be appointed to a new term on the Park & Recreation .Adviso:ry Camu.ssion and that Zoanne Hyland be named to fill the vacancy left by Rick Ia.tham Motion by Mr Separovich, seconded by Mr Cleland, that these appointments be confinned Vote Ayes--Cleland, Kl.el, Mcx>re, Rock, Kribs, Separovich, Figenshow Motion carried APPOIN'IMENT 'ID OOARD OF AilJUS'IMENT Mayor Figenshow reccmnended appointed to the Board of AdJUStment to replace Tan Cleland who appointed Councilman Motion by Mr Separovich, seconded by Mr appointment be confinned by Council Vote Ayes-Kl.el, Mcx>re, Separovich, Figenshow, Cleland Motion carried I that Ruth Hom be was recently Kl.el, that this Rock, Kribs, APPOINTMENT 'ID PUBLIC TRANSPORI'ATION BENEFIT AUTHORITY Mayor Figenshow recammended that Ray Separovich be named as representative fran the City of Anacortes to the County Public Transportation Benefit Authority Mr Olander explained that this County camuttee is still functioning even after the public transportation proposition was defeated in the November election The City of Anacortes should have a representative to attend future meetJ..ngs whether the J:xXiy is dissolved or decides to nake another plea for public transportation within Skagit County Motion by Mr Kl.el, seconded by Mr Rock that Ray Separovich be named as the Anacortes representative to the Public Transportation Benefit Authority Vote Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kl.el Motion carried APPOINTMENTS 'ID CONVENTICN CENTER STUDY c:xMIJI'ITEE Mayor Figensh:>w read a list of seven people as the proposed members of the authorized Convention Center Study Camuttee City Manager Olander briefly outlined the work such a ccmruttee must necessarily do prior to and during the feasibility study concerning the possibility of a convention center in Anacortes Mr Separovich then noved that the Council confinn the nanu..ng of Alice Per:ry, Maria Petrish, Del Reisner, Robert Olander, Bab Jahns, Tam Cleland and Ron Four as members of the Convention Center Study Ccmruttee Seconded by Mr Kl.el Vote Ayes--Rock, Kl.rbs, Separovich, Figenshow, Cleland, Kl.el, Mcx>re Motion carried PERMISSION 'ID CALL FOR BIDS CN 32nd STREET SIGNAL Public 'W:>rks Director, David M Ford, Jr , advised the Council that final plans are ready and the bid specifications will be carplete within tw::) 'Weeks to call for bids on the signal to be located at 32nd Street and he wished to call for the bids as soon as possible Motion by Mr Rock, seconded by Mrs Kribs, that authority be granted to call for the bids for this long-awaited 32nd and Carmercial signal Mr Separovich said lE hoped this "V.Ould be the beginning which "V.Ould eventually bring nore signals Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kl.el, Mcx>re, Rock Motion carried I APPOINTMENT 'ID CCM-1UNITY CENTER OOARD OF GOVERNORS Mayor Figenshow recamended that Mr Jlln Malson be re-appointed to the Camnunity Center Board of Governors and that Karolyne Kribs be named as the representative f ran the Council to replace Ray Separovich Motion by Mr Separovich, seconded by Mr Rock that these appointments be confinned Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried ORDINANCE CN LID 187 OONDS Finance Director, George Khtaian, presented a proposed ordinance JUSt received the noming ot' Februa:ry 19th from the City's bonding attorney which directs the issuance and slae of the bonds on LID No 187 in the anount of $63,508 08 at a rate of 8 75% Tre issue was authorized by Council on Februacy 4, 1980 Attorney Mansfield read, by title, the proposed ordl.nance and notion was made by Mr Kl.el, seconded by Mr Cleland, that the ordinance be approved and passed and given ORDINANCE NO 1813 Vote Ayes-Figenshow, Cleland, Kl.el, Mcx>re, Rock, KrJ..bs, Separovich Motion carried 332 February 19, 1980---------------contmued COUNCIL AND STAFF DIRECIDRS REI'REAT City Manager Olander briefly reviewed the prellllll.Ilfil'Y schedule for the meetings to be held February 23rd and 24th at Rosario on Orcas Island for the purpose of settmg:specific goals of accorrplishment for the City of Anacortes in the next few years There was brief discussion concerru.ng the relltlburseroont for expenses on the trip Mrs Felicia Childs, head of the local office of the Anerican Red Cross, asked to be recogru.zed and thanked the Council for the PrbclamatJ.on and for publishing it in the newspaper She also asked to belnotified when and if the City has any furniture to be disposed of so the Red qoss;could make a bid Mrs Childs advised that on March 1st there W>uld be aI WaShington State Conference on Fanu.lies held at Western 'Washington University in Bellingham Time is 9 00 a m to 5 00 p m and a representative fran the City is invited I Mayor Figenshow then requested the Council nenbers to rem.;un for an executive session to discuss labor negotiatJ.ons Meeting adJourned a; 8 ~ ~~~ ~etary Ida Rolph, ~' ~' I<s Mayor March 3, 1980 Meeting called to order at 7 30 p m by Mayor FigenshON Invocation was offered by Reverend John Backman of the Westminster United PrSsbyterian Church Roll I I call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Ken M:x>re Charles Kl.el was excused I MINUTES OF PREVIOUS MEETING Motl.on by Mr Separovi.ch, seconded by Mr Rock, that the minutes of the previous meeting held on February 19, 1980 be approved as if ~ Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, M:x>re Motl.on carried There was no I correspondence and no iterrs to discuss that were not on the agenda Th.ere was no old business to care before the Council I I NEW BUSINESS PRCX:IAMATION OF GIRL SCOUT WEEK Mayor Figenshow acknowledged the presence of cadet Girl Soout Troop No 781 and asked that they stand while he read the Proclamation naming the week of March 9th through March 15th as Girl Soout Week Motl.on by Mr Separovich, seconded by Mr Rock that the Council reaffum the Proclamation of the Mayor Vote Ayes-r Kribs, Separovich, FigenshON, Cleland, Moore) Rock Motl.on carried AWARD OF BID FOR POLICE VEHICLE Police Chief Lippe advised that bids were opened on February 20, 1980 for the police vehicle The only bids received were fran Trulson Motors\for a delivered price of $7,731 24 and fran the Washington State, under oontract #392-79, for $6,045 69 Mr Lippe recamren.ded the Council accept the bid from the State and allON an additional $450 for the purchase and installation of a protective screen and fl.berfonn I rear seat Motion by Mr Rock, seoonded by Mr Separovi.di that the City accept the bid as recarmended and allON the additional $450 as requested Vote Ayes--~ Separovich, Figenshow, Cleland, Moore, Rock, Kribs Motl.on carried 1 AWARD OF BIDS ON SURPWS CITY PROPERI'Y Public ~rks Director, Dave Ford, advised that bids were received on two of the three parcels of surplus property offered for sale by the City Safeway Stores, Inc offered $12,000 for the 20' x 300' strip on the South side of 11th Street I 333 March 3, 1980 ---------------Continued I between Comnercial and "Q" Avenue, Washington Federal SaVl.Ilgs and loan Associatl.on offered $10,800 for the 20' x 300' strip on the North side of 11th Street between Ccmrercial and "Q" Avenue No bid was received for the parcel on 20th Street JUSt F.ast of "K" Avenue Mr Ford said the bids received were in order and recarrmanded passage of a resolutJ.on on each parcel authorizing the sale and executJ.on of a statuto:ry warranty deed on each There followed a discussion, to answer an mqw..:ry presented by Mr Dildine as to the reason for selling the property and how it was acqw..red by the City in the beginning Mr Ford said these two 20' strips were aoquired as right-of-way for 11th Street in addl.tJ.on to the 80 feet already allocated at a tJ.ne when there was a 120-foot right-of-way platted further F.ast of "Q" That right-of-way has since been vacated and there is no necessity for a 120-foot right-of-way on 11th Street Mr Dildine said he thought the City, at same future tJ.Jre, might wish the extra right-of-way for traffic traveling West on 11th Street from "Q" if 12th Street is made oneway for traffic going Eastbound He was advised that the 80 foot right-ofway remairu.ng would be anple for any such eventuality City Attorney Mansfield then read, by tl.tle, a resolutJ.on authorizing the sale of the parcel described to the Safeway CorporatJ.on and directing the executl.on of a statuto:ry warranty deed conveying the property Motl.on by Mr Separovi.ch, seconded by Mrs Kribs that the resolution be approved and given RESOLUTION ID 585 Vote Ayes--Figenshow, Cleland, Moore, Rock, Kribs, Separovi.ch Motl.on carried I Mr Mansfield read, by tl.tle, a resolutJ.on authorizing the sale of the other 20-foot strip to Washington Federal SaVl.Ilgs and loan AssociatJ.on and directing the executl.on of a statutory warranty deed conveying the property to them Motl.on by Mr Rock, seconded by Mr Cleland that the ResolutJ.on be approved and given RESOWTION NO 586 Vote Ayes--Cleland, Moore, Rock, Kribs, Separovi.ch, Figenshow Motl.on carried Discussion followed concerning the remaining parcel on which no bid was rece1ved Mr Ford said he wished Council directl.on as to whether he should enter into negotJ.atJ.ons with individuals who had expressed interest in the parcel but did not put in a bid Councilman Moore inquired if the City was bound to offer it at the 90% of appraised value as least acceptable offer as was previously advertJ.sed and Attorney Mansfield said it was not The law reqw.res only that a parcel of land be sold at a fair market price Mr Ford said the parcel had been defined as buildable even though quite small and the appraised value was $6,000 Mr Separovich rroved that staff be given pernu.ssion to enter into negotJ.atJ.ons with interested partJ.es on the 20th Street parcel Seconded by Mr Moore Councilwoman Kribs said she would like toi discuss it further before such authority was given as it may be a parcel the City would wish to hold rather than sell - possibly for trading purposes Mr Separovich withdrew his nob.on and Mr Moore withdrew his second The matter will be discussed in executl.ve session prior to any further actJ.on I City Manager, Robert Olander, suggested that the Council may wish to consider setting up a revolVl.Ilg property acqw..sitl.on fund with the rroney derived from the two sales previously authorized Fran this f\md, the Council could appropriate rroney for the purchase of needed property or could deposit addl.tl.onal funds f ram other sales PERMISSION '10 CALL FOR BIDS ON SANITATION TRUCK Mr Ford presented request to call for bids on a 53,000 pound gross velu.cle weight chassis and a 25-cubic yard oarpactor, as was included in the 1980 budget, for the SanitatJ.on department Delive:ry on a piece of eqw.prent such as this takes approximately 8 rronths, so it is necessa:ry to get out the specificatl.ons and call for bids as soon as possible He also advised that during 3~14 r March 3, 1980---------------------COntmued said tine, the staff would be mvestJ..gatmg the cost of possibly overhauling the exi.stmg chassis to see if the City could save noney by overhaulmg rather than purchasing new eqw.:EEEnt There was discussion concemmg the present system of solid waste disposal and possible changes that will becone necessary m the next few years Mob.on by Mr Rock, 1seconded by Mr Moore, that pennission be granted to call for the bids as requested Vote Ayes-Moore, Rock, Kribs, Separovich, Figensh.ow, Cleland Motion carried RFSOWI'ION AUTHORIZING APPLICATION FOR GRANT FUNDS FOR ANACDRl'ES YOUTH SERVICES I Police Chief Lippe briefly reviewed the purpose of amlying for a grant lm.der I the Law Enforcercent Admuustration Act for Juvenile Justice Delmquency PreventJ..on Act funds and said the letter of mtent had been sulnu.tted to the Northwest Regional Council In order to have an appll!cation considered, the Council should so authorize by resolutJ..on Attorney Mansfield read, by tJ..tle, a resolutJ..on grantlllg the authority requested, and Mr: Rock noved that the resolution be passed and given RFSOWI'ION ID 587 Seconded by Mr Separovich Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Moore Motion carried APPOIN'IMENT 'l'O PI.ANNING a::>MMISSION Mayor Figenshow reccmrended to Council the appomt:nent of OtJ..s Pl.bum to the Anacortes Plannmg Comml.ssion to fill the vacancy caused by the resignatJ..on of Robert Farrar Mob.on by Mr Rock, seconded by Mr Moore, that Mr Pl.bum be appomted to the Plannmg Comml.ssion to carplete the tenn!of Mr Farrar Vote Ayes--Krl.bs, Separovich, Figenshow, Cleland, Moore, Rock Motion carried I I RFSOLUTION AUTHORIZING CDNTINUATION OF URBAN RENEWAL WARRANT Finance Director, George I<htaian, presented a request to contlllue to 8/20/80 the Urban Renewal Interest-bearing Warrant with the Bank of Anacortes in the anount of $450,903 49 at the mterest rate of 7-3/4% This warrant was taken out m November of 1978 because ~ land sales m the urban renewal area had not been consumated m tine to close the urban renewal pro]ect with the federal governnent I Inasmuch as the sales are still pending due to litigatJ..on brought by one of the purchasers, this warrant nrust be renewed every 6 nonths until the litigation is resolved and the land sales consumated or reversed ~yor Figenshow remarked that this was further mcentive to see that the litigatJ..on is resolved Attorney Mansfield read, by title, a resolution authorizing the issumg of the requested mterest-bearmg warrants m the sum of $450,903 49 Mob.on by Mr Separovich, seconded by Mr Cleland that the Resolution be appro~ and given RFSOIIJTION ID 588 Vote Ayes--Separovich, Figenshow, Cleland, Moore, Rock, Kribs Motion carried PUBLIC TRANSPORI'ATION BENEFIT AREA MEETING Olander brought to Council's attentJ..on that Mr Separovich, representatJ..ve of Anacortes, would be attendl.Ilg a neetl.Ilg of the Public TransportatJ..on Benefit Area on March 4th, 1980 and would wish Council's diredtion as to whether the I matter should be agam put on the ballot for consideratJ..on by the votmg public or whether the dissolution of the agency should be put up for vote It appears the only way to dissolve the body is by vote of the people Mr Moore said he believed the organizatJ..on should not be dissolved m the event a public transportation system is considered agam m ~ or three years, Mr Figenshow said he felt there should be a public hearmg where the people of Anacortes could voice their opinions before a decision is made Generally, Mr Separovich was instructed to vote for a delay l.Il any actJ..on for at least 30 days, if possible Mr being no further busmess to cone before the Council, neeting adJourned at 8 35 pm There I ... 335 March 17, 1980 I I I Meetl.ng called to order at 7 30 p m an March 17, 1980 by Mayor Knute Figenshow Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tc::m Cleland, Charles Kl.el, Ken Moore MINUTES OF PREVIOUS MEEl'ING l-Dtion by Mr Separovich, seconded by Mrs Kribs, that the nunutes of the last meetl.ng held on March 3, 1980 be approved as if read Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kl.el, M::x>re M:>tian carried There was no correspondence and no citizen hearings There was no old business to cone before the Council NE.W BUSINESS AUTHORIZATION 'IO EXEOJTE AGREEMENT WITH TEAM.STERS City Manager' Robert Olander' advised that both the Sanitation Department and the Police Depart:nent, who are represented by I.ooal No 411 of the Teamsters, had reached agreemant an a two-year contract with a salary increase, retroactive to Jan 1, 1980, of 10 5% There were no J.nCreases in fringe benefits The salary increase for the second year is tied to the Consumer Price Index for the Seattle area at a m.uumum of 8% and a maxJilUlm of 12% Should the CPI go over 12%, that portJ.on of the contract would be open to negotiat.J.an Mr Olander reccmnended that both contracts be approved and accepted City Attorney, Stephen Mansfield read, by title, a resolution authorizing exe-::utian of the contract with the Sanitation Dept l-Dtion by Mr Separovich, seconded by Mr Kl.el, that the contract be approved and the resolution be adopted and given RF.SOLUTION NO 589 Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kl.el, Moore, Rock l-Dtion carried Mr Mansfield then read, by title, a resolution authorizing the exe-::utian of the contract with the Teamsters I.ocal No 411 and the Police Dept l-Dtian by Mr Kl.el, seconded by Mr Cleland, that the contract be accepted and the resolutJ.on be adopted and given RESOLUTION NO 590 Vote Ayes--Separovich, Figenshow, Cleland, Kl.el, M:>ore, Rock, Kribs r.t>tion carried TRAVEL POLICIES AND PRCXE:>URES Manager Olander reviewal circumstances leading up to the develq;mant of written travel policies and procedures statl.ng that it was the result of recamnendations made by the State Auditor's Office, Div of Muru.cipal Corporat10ns, at the tl.me of the City audit The proposed travel i;x:>licies and procedures are in accordance with the state guidelines Mr .Mansfield read, by title, a proi;x:>sed resolution authorizing adoption of the travel i;x:>licies and procerlures r.t>tion by Mr Separovich, seconded by Mr Rock, that the resolution be ad.opted and given RESOlllTION NO 591 There followed a general discussion of the method of re.lIClbursarent for travel expenses, the nethod of per diem vs receipts for neals and the aIID'lmts allowed for same under the document It was generally agreed that the re.imbursercent by receipt nethod was the nost desirable, that employees should use good Judgment and not abuse the privileges and that the City Manager would carefully review all cla.J.InS for re.imbursement Vote Ayes--FigenshCM, Cleland, KJ..el,.Moore,Rcck,Krl.bs, Separovich M:>tion carried INDEMNIFICATION OF CI'IY OFFICIAIS AND EMPI.OYEES Attorney Mansfield read,by title, a proi;x:>sed resolution authorizing the City to defend and llldemru.fy employees, elected officials and m:mbers of Boards and Camussions of the City, actl.ng within the scope of their employment or official capacities, against cla.J.InS He explained this was JUSt in the event that possibly the regular City insurance coverage would not be sufficient M:>tian by Mr Rock, seconded by Mr Kl.el, that the resolution be adopted and given RESOLUTION NO 592 Vote Ayes--Cleland, Kl.el, M:x:>re, Rock, Kribs, Separovich, Figenshc:M r.t>tion carrierl AGREEMENT WITH SKAGIT CCXJNTY FOR ROAD MAINTENANCE Public Works Dir , David M Ford, advised that the City has previously had an agreenent with Skagit County to do work for the City that the City could not do The City has not availed themselves of tlus privilege to any degree in the past Recently, the County sent a revised agree~t for the City's consideration and, after sane negotiation and changes, the City staff and the County have cc:me to agreerrent Mr Ford said all work is re.unbursable an the basis of cost of material and labor and it appears to be to the City's advantage to have such an agrearent with the County The agreemant only authorizes the City to utilize the county's services as needed Mr Ford recamended exeuction of the agreement Proposed resolution authorizing execution of the agreerrent was read by Mr Mansfield Mr Separovich ask.Erl a question about the County doing the rrowing an the dike amund the water trea:l::nent plant and was assurerl that this was because they had the proper eqw.pnent to do it where the City did not r.t>tJ.on by Mr SeparovJ.ch, seconded by Mr Kl.el, that the resolution be adopted and given RESOLUTION NO 593 Vote Ayes--KJ..el, Moore, Rock, Kribs, Separovich, Figenshow, Cleland M:ltion carried PEJM[SSION 'IO CALL FOR BIDS ON GRAVE LINERS Park Director, Steve Colby, explained to the Council that in the past, the City has purchased grave liners an an as-needed basis buying $5,000 to $6,000 worth at a tJ.me This is in excess of the new bid law 336 March 17, 1980---------------------contmued lJ.l[Ut of $4,000 and so the itan must be an a yearly bid basis By calling for and acceptlllg a bid for the liners an a yearly basis, the City will be able to take advantage of buymg the liners m lots of about 10 at a tJ.rne where the price is the nest reasonable Motl.on by Mr Kl.el, seconded by Mr Cleland, that the Park Dept be authorized to call for bids for 1980 on grave lmers Vote Ayes--Mx>re, Rock, Kribs, Separovich, Figenshaw Cleland, Kl.el Motion carried AMENDMENTS 'IO 1980 BUDGET Mr Olander reviewed three items m a request for approval of an ordmance arnendmg the 1980 budget (1) funds for the replacrrent (and sane upgradlllg) of the piling protectlllg the water line m the SWmam.sh Slough which was damaged m a boat accident awhile back The cost was not considered m the 1980 budget because it was anticipated the \f.Ork \f.Ould be cdrpleted m 1979 and that all costs \f.OUld be reimbursed by the boat owner's insurance The I \f.Ork was not canpleted until February of 1980 and, with the1upgradmg, the total cost is $20,913+ M:lru.es received frcm the msuranceicampany will be returned to the water capital Reserve fund (2) funds for oversizmg of water I transrru..ssian mam m Clearidge subdivision The City engineering department felt that this mam should be a 12-J.nCh line taklllg mto consideration the future requirements and the City's canprehensive Plan !The difference between this larger size lme and the smaller lme required by the developer should be paid for by the City at a cost of $26,000 (3) cost of hirmg a utility accountant as authorized by the Council m order to neet State requirements to strengthen City mternal accountmg p:rocedures and systems The total cost anounts to $22,170 and will be divided mto the three utilities m prq;:ortian to their overall budgets - 70% to water, 15% to wastewater and 15% to solid waste There was some discussion of the type of repairs made on the pilmg, the necessity for the oversizmg of the water mam, etc , and Mr Mansfield read, by title, a proposed ordl.nance maklllg the changes in the 1980 budget to reflect the above-described expenditures and revenue therefor Motl.On by Mr Kl.el, seconded by Mr Separovich, that the ordmance be passed and approved and given ORDJNroCE NO 1814 Vote Ayes--Rock, Kribs, Separovi.ch, Figenshaw, Cleland, Kl.el, M::x>re Motl.on carried Mr M::x>re said he would like to have a full discussion WJ.th the Council an oversizmg of lines at upcam.ng study session The Council agreed this was a good idea AWARD OF BID CN 1-'ION TRUCK Mr Ford advised that bids were received frcm two local fl.nns and opened on March 11, 1980 for one 1-ton truck cab and chassis Bids were Trulson Motors - $7,303 05, Frontier Ford -'$7,551 95, both mcludl.ng sales tax Mr Ford recamnended the Council award the bid to Trulson Motors Motion by Mr Kl.el, seconded by Mr Separovi.ch that the award be given to Trulson Motors for $7,303 05 Under the question, Mr Cleland asked how the vehicle was gomg to be equipped and Mr Ford said the necessary equipnent \f.Ould be added with funds budgeted therefor, that it was felt the City could save m::m.ey domg it m this ma.mer Mayor Figenshow suggested the City take a hard look at each and every one of the capital expenditures as revenue will be harder and harder to cane by Vote Ayes--KrJ.bs, Separovich, FigenshcM, Cleland, Kl.el, Moore, Rock Motl.an carried PUBLIC HEARING DATE SET FOR VACATION PE'TITION Mr .Mansfield read, by title, a resolution settlllg the date of April 7, 1980 for a public hearmg an a petition to vacate a piece of right-of-way m the Island View Park Addl.tion Motion by Mr Separovich, seconded by Mr Rock that thelresolution be adopted and given RFSOllJTION NO 594 Vote Ayes-Separovl.Ch, Figenshow, Cleland, Kl.el, M::x>re, Rock, Kribs Motion carried S'IOP LIGHTS Mr Separovich then advised the Council that m response to his question to Governor Ray cancernmg additional stop lights m Anacortes, that Mr James Cleary of the State Dept of Transportation visited Anacortes and Mr Separovich feels there is a chance the City will obtalll nore lights He urged all citizens to write to the State Highway Departm:mt requestlllg these lights CHANGES IN COUNl'Y ZONING Mr Olander brought up the matter of the County Plannlllg camussioners makJ.ng some changes m the zoning an Fl.dalgo Island wlu.ch do not canfonn with the City's recently adopted Ordinance No 1804 amending the City's Canprehensive Plan by addlllg goals, policies, recannendations and land use designations for the area beyond the City lJ.l[Uts There f ollCM'ed a considerable discussion about the changes made by the County and what the Cl.ty of Anacortes could do about it It was dete:muned that the County camu.ssioners could mitiate a request for rezone to the I I an 1 I I \ 337 March 17 I 1980--------------------Cant.mued I county Planning Camu.ssion for the area in question There would be public hearings, etc the same as a rezone petitJ.an procedure held by the City Mr Bob Rose, chal.IlTiail of the City's Forest Planning Camuttee, explained certain aspects to the Council Motl.an by Mr Separovich, seconded by Mrs Kribs, that a letter be sent to the county camu.ssioners request.mg that they initJ.ate a request to rezone back to its original zone classl.ficatJ..an the area (sham on a view foil of Fl.dalgo Island) outside the city llllll.ts indicated as having m:>re density than inside the City llllll.ts Vote Ayes--Separovl.Ch, Figenshow, Cleland, Kl.el, Moore, Rock, Kribs MotJ.on carried ASSOCIATION OF WASHING'ION CITIES CONFEREtCE Mr Olander ram..nded the council that this o:>nference would be conung up the nu.ddle of June in Olympia, Washington and asked that anyone wishing to attend should see hJm so that reservations could be made right away REOUEST FOR PUBLIC ACCE'SS Mr Bob Pickett addressed the council and said it appeared that there was going to have to be sare sort of access road between the Port property and Snelson-Anvil property and he would like the council to consider making the access a City street with public access rather than a private roadway so the public would have sare access to the water FORE'ST PIANNING CCMIJITI'EE WALK Mr Bob Rose briefly described the walk this camu.ttee made last "Weekend over City forest lands and reported it appeared there were serious problems with people caning from as far away as 80 nu.les and :rrotorcycle rl.dl.ng in trails not open to the public and otherwise danaging the area He also nentJ..aned that he had noticed another small clear-cut an property adJacent to City forest lands and suggested the Council consider amending the clearing and grading ordl.nance to apply to logging on parcels less than 5 acres There being no further business to cane before the Council, neetl.ng adJourned to an ~ve session to discuss labor negotiations, at 8 45 p !"~ -=ik /~,t,JJ Ida Rolph, I I Exec~tary 2 ~ KK:l3Ti~~i'Cit,1Ma:Ma°iyormr:------ April 7, 1980 Meet.mg called to order at 7 30 pm by Mayor Figenshow Roll call fomid present all council members Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tam Cleland, Charles Kl.el and Kenneth Moore MINUl'ES OF PREVIOOS .ME:m'ING Mr Separovich :rroved that the nu.nutes of the previous neet.mg be approved as if read, seconded by Mr Rock Vote Ayes-Rock, Kribs, Separovich, Figenshow, Cleland, Kl.el, Moore Motl.an earn.ea OORRESPONDENCE .Mayor Figenshcw asked City Manager, Bob Olander, to read a Proclamation declaring April 13th, 1980 through April 19, 1980 as Medl.cal I.aboratory Week an9 urging citizens to recognize and support all workers of the medl.cal laboratory sciences for their service to the ccmmmity There was also a letter fran Rev Kenneth Ogrodowski, of St Mary's Church, requesting that St Mary's Drive be posted "no parking at any t.lm311 and giving reasons therefor Mr Olander was d.J..re:terl to refer the matter to the City Public WOrkS Department for consideration A letter was read fran William Scott thankl.ng the COtmc1l and Engmeering Dept for their consideration and courtesy in solving certam problems regarding installation of a new water mru.n m the Skylme area CITIZEN HEARINGS Mayor F1genshow asked if anyone fran the audience wished to speak an any item not an the agenda and Debora M::::Kay Brissey asked the council's advice an steps to take to encourage parents of children in the City to support programs wlu..ch would give :rrore recreational facilities for children She was referred to the City Park and Recreation Department and encouraged to participate in the many already existing programs for recreation for young people Mr Ismard Newsham, 201 Bradley Drive, asked the present status of the proposal of the Kempthorns to bUl.ld on their piece of property located at the intersection of Ferry Tenlll.nal Road and Oakes Avenue Mr Newsham said the old bw.lding an the property had been tom down and there was a lot of debris left an the site Staff was instructed to check on the status of the matter and see that the site is cleaned up Mr JJJn Wilson, 808 28th Street, said he wished to respond to Miss Brissey and said the City of Anacortes had one of the best recreation programs for its young people in the state Gomg back to the ProclamatJ.on, Mr Separovich :rroved that the Proclamation by the .Mayor be ratified by the Council Seconded by Mr Rock Vote Ayes--Kribs, Separovich, Figenshcw, Cleland, Kl.el, Moore, Rock ~ti.an carried 338 April 7, 1980 -----------,-----cantl.Ilued NEW BUSINESS APPLICATION EUR CONDITIONAL USE PERMIT - CHUK:H OF CHRIST Ken Kmzel, Director of Cc:mmmity Developnent, gave the following mfonnation Application had been filed by the Church of Christ for a conditional use penru.t for the use of a sl.Ilgle-farru.ly residence as a classroan facility The house is located at the end of a cul'de sac on 33rd Street with the Church itself located directly east of it Mr Kmzel related the actions taken by theI City staff, the ccmnents of the Fire Department, the Building Inspector, etc and stated that the Pla.nru.ng Ccmnl.ssion had held a public hearing with no obJectl.ons received The Planning camussion recarmended that the conditional use pennit be granted with the following conditions attached that the r~ements stipulated by theBuildl.ng Inspector and the Fire Chief be satisfied before the prE!IU..ses were used for the intended purpose, that the occupance load 1be ll.Illl.ted to 49 persons or less, that access to the facility be frcm the church1parklng lot whl.ch lies to the east of the residence, that there be no parklng by users of the facility withl.Il 33rd Street or the cul'de-sac area There followed considerable disI cussion concermng notification of ad.Jacent property owners~ returning the house to a residence after the church builds its own classroan building, etc The matter was then referred to a study session on April 14th at which tune the applicants were l.Ilstructed to have written canfirmation1frcm property owners that they had no ob]ections, additional l.Ilfonnation including tines of usage, etc RESOLUTION AIJll:IORIZING APPLICATICN FOR REE'ERENDUM 26 FUNDS Public Works Dir , Dave Ford, reviewed the City's deall.Ilgs with the Environmental Protection Agency (which have covered a period of seven years) concerning the reqw.rem:!Ilts under the Federal water Pollution Control Act for lwaste discharge at , the City's water trea:t:nent plant It was not until April 2, 1979 that the Council agreed to carply with the d.J.rectives of the Dept of F.cology The matter has naN progressed to the point where, m order to receive 50% fund.mg, application must be made to the State Dept of Social and Health Services under the Referendum 26 Program Mr Ford recarmended th.at 1 the resolution I penru.ttmg staff to make the application for funds be approved There was brief discussion concerning the cost estimates for the proJect, :rrethads of financing the City's portion of the cost, whether the facility 'l'NOuld be able to withstand possible flood.mg, etc M3nager Olander suggested that i f and I when it cane time to hire a consultant, that a two-member Council ccmm.ttee be appointed to w::>rk with staff 1Il the selection CitylAttorney, Stephen Mansfield, then read, by title, a resolution authorizing suhm.ssion of applications to the DSHS for funds under the Referendum 26 II Pro9ram Mr Kl.el noved, and Mr Moore seconded, that the resolution be p.;1.ssed am approved I and given RESOLUTION NO 595 Vote Ayes-- Figenshaw, Cleland, Kl.el, Mx>re, Rock, Kribs No-Separovich M:>tian carried Mayor Figenshow remarked, and Mr Separovich agreed, that should the Cllty not be able to fund its share of the cost of this pro]ect, it should be reason to postpone or further ob]ect to the necessity of building the facility PUBLIC HEARING - PETITION FOR VACATICN OF RIGHT-OF-WAY Mayor Figenshow briefly outlined the procedure to be followed for a public hearing and then declared a Public Hearing to be open to consider a petition1 to vacate the right-of-way on which the old Island View booster station wp.s located The parcel of property was originally set aside by the developer of Island View Addition to be used by the City specifically for the water pooster station With recent inprovements, this booster station is no lqiger, necessary and the site was declared sur:plus by the City Cotmeil The p;ircel measures 15 feet by 25 feet and the property owners an either side have petitioned for its vacation It has been appraised at $600 Planning Camu.ssion reviewed the petition and reccmnends the parcel be vacated with pa.Ytr1r1'1t 1frcm the property owners of one-half of the appraised value plus the appraisal fee There were no comrents fran the audience There was discussion byl the Council concernmg whether or not the property has any value to the City, whether the pipes w::>uld be rennved, etc and the replies frcm Mr Ford were that evecytlung of any value to the City had been reroved fran the buildl.Ilg, it w::>uld never be used agal.Il as a booster station, and, rather than tear up the yards of the ad.Jacent property owners, the pipe w::>uld be left 1Il place, but there is no water m the lmes, Mr Ford felt the City w::>uld have no use for the property Mayor Figenshc:M declared the public hearing to be closed Mr .Mansfield read, by title, a proposed ordmance authorizing the vacation of the described property M:>tion by Mr Sepa.rovich that the ordinance be adopted and given ORDINANCE NO 1815 Seconded by Mr Kl.el Vote Ayes-Figenshaw, Cleland, Kl.el, M:x>re, ROCk, Kribs, Separovich M:>tion carried 1 I 1 I I I I 339 April 7, 1980 - - - - - - - -continued I I RESOwrION AUI'HORIZING CDNl'RACI' WITH SKAGIT COUNTY ROCRE'ATION DEPT Parks Director, Steve Col.by, reviewed the City's policy of contractmg with the Skagit COunty Senior Services to provide recreational services for seniors m Anacortes Usually, the contract is executed at the time the budget for the year is adopted, but due to a change m personnel m the County, the document had not been presented far execution Mr Col.by pomted out that the proposed contract for 1980 was the same contract as previously executed except that the budget figure, which was approved by Council m December, 1979, was l.l1 the arrount of $12,560 Councilman Kl.el asked if the Senior citizens had any rrore carplamts about their quarters m the CCJmrunity center and was advised that all problems apparently have been solved and that reports now indicate that they are very happy with the facilities Mr Mansfield then read a proposed resolution, by title, authorizmg the execution of the contract with the County M::>t1on by Mr Rock, seconda3. by Mr Separovich that the resolution be adopted and given RESOllJTION NO 596 Vote Ayes-Cleland, Kl.el, Mcx>re, Reck, Separovich, Kribs, Figenshow M::>tion carried RFSOllJTION AU'IHORIZING APPLICA.TION 'IO !AC Park Director, Steve Col.by, reviewed with the Council the boat launchl.llg facilities at washJ.ngton Park and said that since 1976 the City has been sustal.lll.llg the facility with old floats that were built m 1963 and 5 float sections that were replaced m 1976 In the mterests of safety, the boat lalm.Ch facility should be re-built Mr Colby's ~and.um to the Council detailed the costs far three different alternative nethods The proJect is eligible for 75% fundmg by the Interagency camu.ttee far Outdoor Ra::reat1on (!AC) The 25% which must be paid by the City 'WOuld depend upon wlu.ch alternative was agreed upon Mr Col.by reccmaended that the City forward a letter of intent to the !AC, which must be sent prior to May 1st, and that ha be authorized to sul:ml.t a develOIJOEmt application to the !AC based on Alternative No 1 which "WOUld cost the City approXllllately $31,775 The application must be sul:ml.tted to the !AC no later than June 1, 1980 There was a brief discussion concernmg the different alternatives and the Council was infonned that the application would not "loc" the City into any specific design There i s no consideration being given to any kind of a breakwater a the location Attorney Mansfield then read, by title, a proposed resolution authorizmg the City M3nager to make application for grant funds to the !AC for replacanent of Washington Park pier floats Motion by Mr Separovich, seconded by Mrs Kribs, that the resolution be adopted and given RESOIDrION NO 597 Vote Ayes--KJ..el, l'lbore, Rock, Kribs, Separovich, Figenshow, Cleland~t1on carried ORDINANCE RE.IATING 'IO DUTIES OF MUSEUM ADVISORY BOARD City Manager Olander reviewed circumstances whJ.ch brought atout considerat1an by the Council of reorganization of the .Museum and consoll.datmg the part-tme positions mto one full time position of Museum Director City Attorney Mansfield read, by title, a proposed ordl.nance which repealed f o!ll'e.r ordl.nances concernmg the Museum and History .Advisory Board and defined the powers and duties of such a board, its nenbersh.ip, length of terms, etc Mr Olander mfo:aned the Council that the present Museum Boa.rd had approved the proposed ordmance with one suggested change pertaining to nembership of persons who do not reside inside the City llll\J.ts It was suggested the ordinance be amended to reqw.re only a ma.Jority of the board to be City residents The Council then, at the suggestion of Council'WOman Kribs, requested the further anendment to .md.J..cate that no member should reside outside Fl.dalgo Island or Guanes Island M::>tion was then by Mr Kl.el that the City .Manager be authorized to consolidate the part-tlllE positions at the M;iseum into one full tlllE Director position and to recruit a Director to fill that position, and that the ordl.nance with the amendnents as requested, be passed and given ORDINANCE NO 1816 Vote Ayes--Mcx>re, Rock, Kribs, Separovich, Figenshow, Cleland, Kl.el Motton carried Mr Separovich camended the City Manager for handling the City business as it should be handled ORDINAJ.O: REPEALING ORD 17 42 - Vl\CATICN OF STREET AID ALIEY RIGHT-QF-WAYS Attorney Mansfield read, by title, a proposed ordinance repea.lmg Ordinance No 1742 which granted vacation of the street and alley right-of-ways in the area bounded by 24th and 27th Streets and "A" and "D" Avenues This vacation was granted after applicat1on by Alan Nicholson in December of 1977 l.l1 order that he could develcp a nobile bane park in said area The Council also adopted Resolution No 516 approvmg a prel.J.IIUnarY plan for the RPUD After the City had the right-of-way land appraised, the developer requested the Council waive all fees related to the vacation This was denied and Mr Nicholson has sl.llCe not suhm.tted the final plans nor responded to any camrunicat1ons nor given any indication that he wishes to pursue his proposal Mr Kinzel recarmended that Ordinance No 1742 be repealed, along with Resolution No 516 M::>tion by Mr Rock, seconded by Mr Separovich, that the proposed ordinance repea.lmg Ord No 1742 be adopted and given ORDINANCE NO 1817 Vote Ayes--Rock, Kribs, Separovich, Figenshow, made I 340 April 7, 1980 - - - - -contmued Cleland, Kl.el, M:>ore Motl.on carrierl Motl.on was then rrade by Mr Rock, second.Erl by Mr Separovich, that the proposerl resolution (read by Mr Mansfield by title) cancelling Resolution No 516 be passerl and approverl and given RESOI.DI'ION NO 598 Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kl.el, Moore, Rock Motl.on carrierl AWARD OF BID - LID NO 189 Mr Ford gave a brief resume of the background of tlu.s LID which was for the construction of a waterline extension fran the intersection of KJ.ngsway and Anaco Bea.ch Road to the south corporate llllll.ts of the City, and discusserl the bids receiverl The lowest bidder withdrew his proposal and forfeited his bid bond and the next low bidder, Karvel Construction of Kent, Washington, agreed to do the JOb for $88,200 including tax This was a low bid in ccnparison to the engmeer's estJ.ma.te, so staff mvestJ..gated and learned that this bidder is very reputable and does good work Mr Fero recamnended the bid be awarded to Karvel construction There f ollowa:i discussion concerru.ng the fmancing of these LIDs with the current market It appears that smaller construction bonds are easier to finance than proJects with large arrounts Mr Kl.el inqw.rerl whether or not it was wise to proceed with the proJect considering the present market and was advised that tlu.s particular LID was not too large to be financed locally Mr Khtaian advised the Council that when it came tJ..me to issue the LID revenue bonds, the City W'.>Uld have to pay whatever the market is at that tme Motl.on by Mr Separovich seconded by Mr M:>ore, that the City accept staff's recamendatJ..on and award the bid to Karvel Construction for $88,200 Vote Ayes--Separovich, Figenshow Cleland, Kl.el, Moore, Rock, Kribs M:>tion carried RESOllJTION AUI'HORIZING EXECUTION OF 1980 IAOOR CONl'RACT WITH AFSCNE Mr Olander advised the council that the rrembers of !Deal No 347 of the AFSCME had accepted the City's offer of a one-year contract at a 10% increctse in wages and a dental plan arrountmg to 7% mcrease in fringe benefits He recamnended the contract be ratified by council City Attorney Mansfield read, by title, a resolution authorizing approval of the contract by the Mayor and the City Clerk-Treasurer M:>tl.on by Mr Cleland, second.Erl by Mr Kl.el, that the resolution be adopted and given RF.sOLUTION NO 599 Vote Ayes--Figenshow, Cleland, Kl.el, M:>ore, Rock, Kribs, Separovich Motion carried AWARD OF BID FOR CEMETERY GRAVE LINERS Cemetery Director, Steve Colby, advised that tlu.s is the first tJ.rce the City has advertl.serl for bids for tlu.s item to be purchased on a yearly basis rather than JUSt buying them as needed Requests for bids were sent to four vendors, but only one bid received fran Skagit Vault of Mt Vernon in the arrount of $69 00 per liner for a truck load of 10 lmers This same price would prevail for the whole year for ea.ch truck load ordered He recamnended this bid be accepted Motl.on by Mr Kl.el, seconded by Mrs Kribs that the award be made to Skagit Vault as recamnenderl Vote Ayes-Cleland, M:>ore, Rock, Kribs, Separovich, Figenshow, Kl.el Motl.on carrierl ORDINANCE CN LID NO 192 INl'ERIM FINANCING WARRANI'S Finance Director, George Khtaian, reviewed the history of this City-wide pavl.Ilg LID 1 and ra:ru.nded the council that construction bid was awarded to Marine Asphalt, Inc on Dec 17th, 1979 Construction is und&Way and payments must be made to the contractor There has been difficulty in obtainmg interJ.tn construction financing, but with the help of the Bank of Anacortes and Foster and Marshall in Seattle, the Rainier National Bank offered a bid of 11 125% for the $330,000 in interestbea.ring warrants Thl.s is the only offer the City has received and Mr Khtal.an reccmnended it be accepted Mr Mansfield then read a proposed ordl.nance , authorizing acceptance of the purchase offer for revenue warrants on LID No 192 and setting the rate of interest on said warrants J.llbtJ..on by Mr Separovich, seconded by Mr Rock that the ordinance be passed and approved and given ORDINANCE NO 1818 Vote Ayes--KJ.el, M:xlre, Rock, Kribs, Separovich, Figenshow, Cleland Motl.on carried Council suggested that letters of appreciation be sent to the Bank of Anacortes and Foster and Marshall for their help in obtammg this financing I I There bel.Ilg no further busJ..ness to cane before the Council, meeting ad.Journed at 9 15 pm Ida Rolph, Executive Secretary I I 341 April 21, 1980 I I I Meeting called to order at 7 30 p m by Mayor Figenshow Members present were Bud Rock, Ray Separovich, Knute Figenshow, Tan Cleland, Charles Kl.el, Ken M:x:>re Ka.rolyne Kribs was excused MINlJ1'ES OF PREVIOUS MEm'ING M:>tion by Mr Rock, seoonded by Mr Cleland, that the minutes of the previous neeting held on April 7, 1980 be approved as if read Vote Ayes--Rock, Separovich, Figenshow, Cleland, Kl.el, M:x:>re M:>tion carried There was no correspondence and no one from the audience wished to speak on any item not on the agenda OLD BUSINESS-APPLICATION FOR CONDITIONAL USE PERMIT FRCN CHURCH OF OIRIST Mr Ken Kinzel, Ccmm.ml.ty Develoi;:m:mt Director, advised the Cmmcil he had received a telephone call fran the applicants requesting withdrawal of tlus application because the cost of cc:rrplymg with the requirerrents of the bw.ldlllg code were prohibitive to their plans NE.W BUSINESS - PUBLIC HEARING CN PRELIMINARY PIAT OF HIGHIANDS SOUTH (II) Mayor Figenshow briefly outlmed the procedure for the public hearmg and then declared a public hearmg to be open to consider the prelinunary plat of Highlands South Mr Kinzel showed a view foil map of the location of the proposed plat as belllg at the mtersection of Wluselt lake Road and Haddon Road The area is zoned Residential-MedJ.mn which allows for smgle family dwellmgs, duplexes, triplexes and four-pleses The plat proposed 37 lots with two streets for mgress and egress--one the extension of St Mary's Drive and the other to Haddon Road Hate owners in 1Il.ghlands I, which is adJacent to the proposed plat, petitioned the Planning Camu.ssion obJecting to the proposal of extending St Mary's Drive stating they felt the roadway was too narrow to can:y the traffic generated by the 37 additional lots to be developed They suggested as an alternative that the existing St Mary's Drive end m a cul 'de sac and an openmg be made to Whistle lake Road at the east end of the proposed plat Mr Kinzel then enunerated eleven conditions proposed by the Planru.ng CcmnJ.ssion to be attached to any approval of the plat and three suggestions proposed by City staff ll1 addition Mr Earl Biggness, 4217 St Mary's Drive, addressed the council on behalf of the property owners m Highlands I and explained m nore detail why they did not wish St Mary's Drive to go through the new plat He presented the council with a series of photographs depicting the blind coniers, narrow width, no sidewalks, etc of Highlands I and said that all indications were the p:roJections were for an additional 200 cars per day usmg the roadway There followed considerable discussion of the pros and cons of the proposal and possible alternatives, the wishes of the developer, etc A representative of Danard Custom Hates, the developer, was present and answered questions of the Council Mr Dick Dildllle expressed the opll11on that the matter should be returned to the Planning camm.ssion to iron out the problems and that both the Council and Planrung Cormu.ssion should pay attention to the City's carprehensive Plan, he d1dn' t approve of the possibility of the City accepting noney m place of a portion of the land required to be set aside for playgrounds or recreational purposes Mr Jlltl. Wilson of 808 28th Street, suggested the council look at the matter of access to the proposed plat ll1 light of the t:Lite it "WOuld take emergency velucles to reach it and also whether or not the City actually needed another develoi;ment Mr Ford said the county had been contacted and their plannll1g department had no obJections to the proposal The concensus of opll11on of the CO\.lllCil nembers was that they should wait for the recomnendations of the City Traffic Safety Ccmm.ttee and discuss the whole proposal at their next study session with additional lllfonnation fran the Police and Fird Deparbnents, etc Mayor Figenshow then declared the public hearmg continued until the neeting of May 5, 1980 and asked it be added to the agenda for the study session of April 28, 1980 CONSIDERATION OF NATURAL GAS FRANCHISE ORDINANCE City Manager, Robert Olander, said the City has been negotiating the renewal of the franchise with the cascade Natural Gas COrporation for the past several nonths, it was discussed m detail at a recent Council study session Because of present energy conditions and requin:m:mts, a 20-year franchise was deercEd appropriate instead of a teI:m of 50 years, also, m order that the custcmer not be charged with the 2% franchise fee, the Busmess and Oxupation ordinance be emended to el.mu.nate the 2% credit against the franchise fee This ordmance cannot be approved until it has been read at two successive C01..ll1Cil neetmgs City Attorney Mansfield then read, by title, the proposed francluse ordinance granting to cascade Natural Gas Corp a franclu.se for the purpose of furnishlllg the citizens of Anacortes with gas for light, heat, fuel or any other lawful purpose and the right to construct, maintam and operate a gas plant and system for the manufacture and/or distribution of gas, and to lay gas pipes and mains in the streets, avenues, alleys, highways and other public places of the City, and specJ.fymg the lll111tations and 3'12 April 21, 1980 - - - - - - - continued conditions of such grant, and repeall.llg the fo:cmer franclu.se Ordl..IlailCe No 806 The next rea.dl.llg "V.Ould be on May 5, 1980 Councillnan M:x>re said he had a few questions on ttus ordl.nance and requested it be added to the study session agenda for April 28, 1980 ORDINA?O: AOOPI'ING INTERIM JOIN'!' SPHERE OF INFLUENCE POLICIES WITH SKAGIT CXXJNIY Mr Olander said the concept of ttus proposed ordl.nance was origJ.nally suggested by the Skagit Regional Plannl.llg Comlcil and, basically, outlines a notification procedure for both the City and County which allowed each agency to cament or make suggestions on proposed plans, policies, develo:EJIElt standards, etc The present proposed ord.J.nance is an "l.llterll'l" document until a f J.nal ordl.nance can be drawn The County has adopted ttus l.llter.un ordl.nance Attorney Mansfield said he had revised the first paragraph 1of the proposed ordl.Ilailce so ti was easier to understand and then he read, ,by title, the proposed ordJ.nance ~on by Mr Separovich, seconded by1Mr Rock, that the ordl..IlailCe be passed and approved and given ORDINANCE NO 1819 Under discussion Mr Dildine asked if there was any provision for makJ.ng such l.llformation available to the public Mr Olander replied that l.llfonna.tion of a rrore-or-less nunor nature "V.Ould be given to the Plannl.llg Cormu.ssion and City Council on an infonral. basis, but infonna.tion of a IIDre na.Jor nature -: - ~ _ "V.Ould be taken to the Plannl.llg Camu.ssion for their official recamendations to the Council before ccmnents and/or reccmnendations were voiced by the Council to the County Councillnan Kl.el asked if ttus proposed procedure "V.OUld change present procedures and Mr Olander replied it "V.Ould not, it JUSt formalizes the notification procedure so nothl.llg is overlooked or missed Vote Ayes--Separovich, Figenshcw, Cleland, Kl.el, Moore, Rock M:>tion carried RESOWrION AUIHORIZING ENGINEERING CONI'RACI' FOR INDUSTRIAL 1AREA TRAFFIC SURVEY Mr Ford requested authority to execute a contract with Entrance Engineers, Inc to do a traffic study of the mipa.ct of Snelson Anvil l.l1 the urban renewal area The City obtal.lled nnney through the CZM Section of the Dept of Carmerce to do ttus study and sent a prospectus of the scope of "V.Ork to various consultants l.l1 the traffic engineerl.llg field Four replies were received and it was detenruned that Entrance Engl.lleers, Inc "V.Ould be the :rrost desirable flllll to do the Job The consultant will be paid on an actual cost basis plus a net fee not to exceed $14,000 The study should be canpleted withl.ll 90 days after notice to proceed M:>tion by Mr Separovich, seconded by Mr Rock, that the resolution be adopted and given RESOLUl'ION' NO 600 Vote Ayes-Figenshc:M, Cleland, Kl.el, Moore, Rock, Separovich ~on carried I I PIDPCSED JOIN'!' CITY'-SOIOOL DISTRIC!' GRAN!' APPLICATICN FOR DEVEIDPMENT OF SMILEY' s FIEID Mr Olander reviewa:l previous actions on• the possible developne:nt of an area known as "Snu.ley's Field" stating that the City and the School District agreed to develop a naster plan for such developne:nt, engaged a consultant, held two public hearl.llgs and the resultantnaster plan calls for developne:nt l.l1 phases The School District is l.llterested l.l1 developl.llg 3 soccer fields, 2 softball/little-league fields and a hardball field as Phase One through a JOl.llt application to the Interagency Camu.ttee for outdoor Recreation (IAC) Such application MJ.st be prefaced by a letter of l.lltent by May 1st and the formal application by July, 1980 This is one of the goals l.l1 the City's Ccmprehensive Park Plan The total cost for Phase I J.S $547,136 If a grant was given by the IAC, it 'V.OU!d be 75% and the remwu.ng 25% $136,784) "V.Ould came fran_the School District and the City equally - $68, 392 each If the facility were constructed,, the Inal.lltenance costs of approxmately $10,000 per year "V.Ould also be diyJf.ed equally ~ tween the City and School District Financl.llg the proJect was not l.llCluded l.l1 the 1980 budget of the City and "V.Ould have to be allocated l.l1 the 1981 budget Mr Olander said that_part could possibly care fran the utility reserve funds (totalll.llg $49,775) and part possibly fran 1981 revenue sharl.llg or the general and Park funds for 1981 He also advised that the School District had offered to l.llCrease their natclung sbafe by the $18,167 due from the City and allow the City to repay then by either added nal.lltenance or cash payments over a year or two There followed a discussion as to the advisability of camuttl.llg the City's funds as described and nost of the Council voiced the opl.l11on that they did not believe it "V.Ould be l.l1 the best l.llterests of the City to rush l.llto the developne:nt without havl.llg the funds set aside specifically for said purpose The Council l.llstructed Mr Olander to contact the School District and llIIPress upon then that the City still felt the proJect was a good one and that the city needs the facility, but the City does not have the money at present and does not wish to camu.t it fran the 1981 bu:lget until that budget is detenru.ned Mr J.un Wilson voiced the opl.llion that the City should go ahead with it as the cost "V.OUld only l.llcrease Mr Preston Holton said he I 343 April 21, 1980 - - - - - -continued I I I felt that sl.IlCe the School District destroyed the fonrer playfield on 29th Street, they should build a new one themselves AWARD OF BID FOR SANITATION TRUCK AND CHASSIS AND CCMPACTOR Mr Dave Ford, Public W:>rks Di.rector, said that when bl.ds were opened on April 3, 1980 for the truck cab and chassis and canpa.ctor, after analysis, the low bJ.d was fran Mack Trucks in a total am::>unt of $46,255 47 He explained that bids were solicited for the truck and canpactor separately as well as together and, also, the City looked into the alternative of overhauling an old chassis This alternative dJ.d not prove econam.cal Hl.s depart:rcent also found that the cab and chassis proi;x:>serl by Mack Truck included an exha.use gass ranission (EGR) systan This system is reqw.rerl in California only and, because operators of engines with this systan in washington have experienced problems with it, City staff do not wish to have it Mr Ford recamended that the City accept the low bJ.d fran Mack Trucks with the Danpster canpa.ctor provided they can supply the velucle without the EGR systan and within the 30 days fran acceptance Mr Ford adivserl the total cost is less than what was budgeted for this eqw.pnent M:>tion by Mr Rock, seconded by Mr Separovich, that the award be given to the low bidder, Mack Trucks, for $46,255 47 contingent upon them providing the eqw.pnent without the EGR systan, with the Danpster Ccmpactor and within the spe::ifierl 30 days Vote Ayes--Cleland, Kl.eld, rvbore, Rock, Separovich, Figenshow M:>tion carried RESOIIJTION AUTHORIZING SIGNING OF TRFASURER' S CHOCKS AND WARRANTS Finance Director, George I<htaian, aska!l that the Council authorize new employee, Terry Brenneman, to sign Treasurer's checks and warrants in his absence Mr Brenneman replaced fonrer City accountant, Richard Heffele Attorney Mansfield ready, by title, a proi;x:>serl Resolution granting this authority M:>tion by Mr Kl.el, second.Erl by Mr Rock, that the Resolution be adopted and given RESOIDTION NO 601 Vote Ayes--Kl.el, rvbore, Rock, Separovich, Figenshow, Cleland, M:>tion carried RESOIIJTION RECOGNIZING MUTUAL IN1'ERESTS AND PLEOOING MUTUAL COOPERATION BE'lWEEN THE CITY AND THE PORl' OF ANP.CORI'FS As a IIOre fcmnal gesture to support the mutual interests and encourage mutual cooperation between the City and the Port of Anacortes, the proposed resolution was so drawn for the bettement of the camumity Mr Jllil Pemberton, Engineering Supervisor, has been assigned to attend the Port meetings to express the City's interest and concerns Mr Mansfield read, by title, the proposed resolution and notion was made by Mr Rock, seconded by Mr Separovich, that the resolution be passerl and given RESOIIJTION NO 602 Vote Ayes--rvbore, Rock, Separovich, Figenshow, Kl.el, Cleland M:>tion carried APPOIN.IMENT '10 HOUSING AUTHORITY Mayor Figenshow ad.VJ.Serl that the Housing Authority has reccmnenderl Ms Pat Kent to fill the i;x:>sit10n vacated by Mr Edd Ulrich M:>tion by Mr Kl.el, second.Erl by Mr Rock that Ms Kent be appointed to carplete the tenn of Mr Ulrich on the Housing Authority Vote Ayes-Rock, Separovich, Figenshow, Cleland, Kl.el, Mxlre M:>tion carried RESOIIJI'ION AUTHORIZING APPLICATION UNDER COASTAL IMPACI' P:roGRAM OF THE WASH CZM PRCGRAM Application has been prepared for funds (whl.ch are available under the Coastal Energy Impact Program of the washington Coastal Zone Management Program) to purchase the Burlington-Northern right-of-way along Guemes Channel The purpose of this purchase is to develop a :multi-puri;x:>se trail along the shoreline and thus reclallil environmental and recrea.tiona resource lost to coastal energy activity This is 1 5 miles of right-of-way valued at $275,000 If the City should obtain this grant, no matching funds would be necessary fran the City Mr Olander advl.serl that even though the railroad has not yet agreerl to sell the land, having the funds to purchase it would make them IIDre receptive Proi;x:>serl resolution was read, by title, by Mr Mansfield M:>tion by Mr Separovich, seconded by Mr Kl.el, that the resolution be adopted and given RESOIIJI'ICN NO 603 Vote Ayes--Separovich, Figenshow, Cleland, Kl.el, rvbore, Rock M:>tion carried RESOLUTION AUTHORIZING APPLICATION UNDER CEIP FOR "R" AVENUE Under the sane program as descrJ.berl above, the City of Anacortes is eligible to apply for funds for preventive maintenance on "R" Avenue causerl by the activities of Snelson-Anvil Corporation Mr Olander recamended presenting the application for a total of $100,000 The City's share of tills proJect, if funded, would be $37,000 Mr Mansfield ready, by title, the proposed resulution authorizing the application !IDtion by Mr Kl.el, second.Erl by Mr Cleland, that the resolution be adopted and given RESOLUl'ION NO 604 Vote Ayes-Figenshow, Cleland, Kiel, Moore, Rock, Separovich M:>tion carried 344 April 21, 1980 - - - - - continued NORI'HWEST AIR POLLUTION AUTHORITY Mr Olander then read a letter to the Northwest All' Pollution Authority ask.mg that they give favorable consideration to an application from Publisher's Forest Products for a variation fran the visual standards of the Clean All' Act Motion by Mr Kl.el, seconded by Mr Separovich, that the letter be sent as read Vote Ayes--cleland, Kl.el, Moore, Rock, Separovich, Figenshow Motion carried IEl'I'ER 'IO Councilnan .Moore asked if the report from the Recreation Dept cancerrung the l.IlCrease in participation in the City's Recreation programs could not be made public It will be recapped in the next City Newsletter There was discussion of this year's spring City cleanup, nore infonnation will be presented at the next study session I There being no further business to care before the council, at 9 55 pm .J(k_~ May 5, 1980 Meeting called to order at 7 30 pm by Mayor Knute Figenshow Reverend J.un Hardenbrook of the Southside Christian Church gave the invocation Roll call found present Bud Rock, Ray Sepa:rovich, Knute Figenshow, 'Tain Cleland, Charles Kl.el, and Ken .Moore Kax'olyne Kribs was excused MINUI'ES OF PREVIOOS MEEl'ING Motion by Mr Cleland, seconded by Mr Rock, that the nunutes of the previous rreeting held an April 21, 1980 be approved as if read Vote Ayes--Rock, Separovich, Figenshow, Cleland, Kl.el, r.tx>re Motion carried Mayor Figenshow read a Proclamation nanung,the week of May 11th to 11.1a.y 17th to be Police Week and urging the citizens of the camnmity to honor and show their appreciation to the Anacortes Police Department for their daily dedication and devotion to duty CITIZEN HFARINGS Ms Victoria Kenna, 810 7th Street, addressed the council and said she strongly felt the camruru.ty should do sanethl.ng about setting up a cooperative program for nnre efficient distribution of all Ja.nds of food grown locally in the Skagit Valley to the local residents She was advised to contact city staff to learn possible procedures for setting up such a proJect OID BUSINESS-coNTINUATION OF PUBLIC HEARING ON HIGHU\NDS DIVISION II Mayor Figenshow stated that the council still wished to discuss this proJect further and suggested this public hearing be continued to the next council rreeting so it nu.ght be disucssed at the May 12th study session Motion by Mr Separovich seconded by Mr Kl.el that the Public hearing an Highlands Division II be continued to the rreetl.ng of :May 19, 1980 Vote Ayes-Separ6vich, FigenshcM, Cleland, Kl.el, .Moore, Rock Motl.an carried SHnID READING OF NATURAL GAS FIWOIISE ORDINAN:E City Attorney Mansfield read, by title, the proposed ordinance granting a franchise to the Cascade Natural Gas corporation There followed a lengthy discussion cancenung the dl.fferences bet\Veen the franchise tax and the business and occupation tax It was explained that the present City utility tax ordinance of 7% allows credit for the 2% f ranchl.se tax paid by the gas canpany leaving 5% to be paid by the conSl.mers Mr .Moore felt this should be lowered and noved that the proposed franchise ordinance be amended to call for a 3% franchise fee Seconded byMr Kl.el Under the question, after additional discussion, Mr Melvin Clapp, representative of cascade Natural Gas Corporation, replied to several questions of the Council concerrung rates and charges and stated their canpa.ny felt the franchise tax was discnnu.natory in that it was paid by all of their custcmers throughout the state even though they received no benefits fran it, that out of 64 service areas in Washington, only 13 other cities charged a franchise CORRESPONDENCE I I 345 May 5, 1980 - - - - - - - - -contJ.nued fee, and only 2 of that 13 charged 3%, all the rest were 2% Further, that at present there is a case before the State Utilities Camu.ssion askJ.ng that the franchise tax be treated the sane as the busmess and occupation tax Mr Moore said the carpany's argurrents were well taken, but he felt the Council should be lookJ.ng at providing services to the citizens of Anacortes at the least possible cost Vote Ayes--Moore, Separovich No--Figenshow, Cleland, Kl.el, Rock Motion failed I I I Motion was then made by Mr Cleland, seconded by Mr Separovich, that the Ordl.nance grant.mg the f ranchJ.se to Cascade Natural Gas Corporation be a:pproved as written and given ORDINAN::E NO 1820 Vote Ayes--Cleland, Kl.el, Rock, Separovich, Figenshow No-Moore Motion carried NEW BUSINESS - RESOilJI'ION AUl'HORIZING LEASE OF CITY BUilDING AT 6TH AND "Q" City Attomey, Mr Mansfield, explained the reason for tlus resolution was that a group of citizens, with the support of the Anacortes Police Dept , had fo:cmed a boxing club for young people, sanctioned by the A1ill They needed a place for their activities and requested permission to lease the east half of the northerly portian of the old City shop building at 6th and "Q" Avenue Mr Mansfield read the proposed resolution grantJ.ng the lease, by title, and Mr Rock noved and Mr Kl.el seconded, that the resolution be adopted and given RESOLUl'ION NO 605 Vote Ayes--KJ..el, Moore, Rock, Separovich, Figenshow, Cleland Motion carri.ed RESOilJTION AUl'HORIZING CONl'RACT WITH OAK HAROOR FOR SALE OF WATER Finance Director, ~rge Khtaian, advised Council that the water contract with oak Harbor has been negotiated for 1980 and the only change is in the anounts for f J.Xed and variable operatJ.ng costs wluch are detenru.ned by the actual costs for providing the water The capital improvarent charges are only negotiated every 5 years The contract also calls for the City to relocate tha rreter on the 10-inch line to the vicinity of the Deception Pass State bridge Mr Ford explained tlus was to correct the present necessity of subtracting the water used by Anacortes custarers an the north side of the bridge fran the oak Harbor bill Future bills will be direct to oak Harbor with no deductions Mr Mansfield then read, by title, the resolution authorizing execution of the contract Motion by Mr Separovich, seconded by Mr Rock, that the Resolution be adopted and given RF.SOIIJTION NO 606 Vote Ayes--Moore, Rock, Separovich, Figenshow, Cleland, Kl.el M:>tion carried ORDINANCE AMENDING THE BUSINESS AND ax:uPATION TAX FOR NA'IURAL GAS Mr Olander explained that the existJ.ng ordinance for utility taxes levies a 7% tax on natural gas revenues collected in the City Because Cascade Natural Gas pays the City a 2% franchise fee, the utility tax (or busmess and occupation tax) is actually only 5% In order to clarify the situation, the utility tax oi:dl.nance is proposed to be amended to show that the utility tax on gas is only 5% It WJ..11 not increase any tax rates Mr Mansfield read the proposed ord.J.nance by title and Mr Separovich m:wed that the ordJ.nanCe be passa:l and approved and given ORD~ NO 1821 Seconda:l by Mr Cleland Vote Ayes--Rock, Separovich, Figenshow, Cleiaild, Kl.el, Moore M:>tJ.on carried ORDINANCE ESTABLISHING RESERVE FUND FOR PIDPERrY ~ AND SALES Previously' the City Council agreed that the funds received fran the sale of city property should be placed in a separate fund instead of in general funds, so there w:>uld be :rconey available should the City wish to acquire land in the future Councilman Cleland said he did not feel the resolutJ.On should also allow use of the funds for such things as appraisals and surveys - but should be locked in :oore def mitely for only the costs of acqw.rmg property The City .Manager pointed out that the Council has full control of the funds and that they could decide if such uses of the noney were legitimate, Mr Rock agreed WJ..th tlus concept Attorney Mansfield then read, by title, the proposed orchnance Motion by Mr Separovich, seconded by Mr Kl.el, that the ordinance establishmg the reserve fund for property purchases and sales be approved and passed and given ORDINANCE NO 1822 Vote Ayes--Separovich, Figenshow, Cleland, Kl.el, Moore, Rock Motl.on carried AWARD OF BID FOR TRAFFIC SIGNAL AT CCM1ERCIAL AND 32ND Engineermg Supervisor, JJJn Pemberton, reviewed the background of the City's efforts to secure a signal light at the intersection of 32nd and Crnmercial wluch began m 1978 Final proJect approval was received m November of 1979 fran the State Aid office in Seattle which adnunisters the funding under the Fa:leral Aid MaJor program The State Depart:Jrent of Transportation prepared the plans wluch 346 May 5, 1980 - continued - - - - - - - - - - - were received in January of 1980 The City Engineering Department prepared the bidding documents and specifications, called for bids in late March and the bJ.ds were opened an April 16, 1980 The bJ.ds were f.ran Signal Electric of Kent for $2,902 and General Service Electric of Bellevue for $41,675 1l1r Pemberton recamnended acceptance of the low bid stating that General Service Electric said they could start construction 10 days after the Notice to Proceed The City's portion of the cost of the proJect has been budgeted in the 1980 budget M:>tian by Mr Kl.el, seconded by Mr Rock, that the bJ.d fran General Service Electric in the amomit of $41,675 be accepted Vote Ayes-Figenshow, Cleland, Kl.el, Ibck, Separovich No--Moore .Motion carried REX.lJEST FOR EN:ROACHMENT AGREEMENT Public Works Director, Dave Ford, reviewed the circumstances surrounding the application for an encroachmant agreerent fran Mr & Mrs Knutson They purchased a heme at 1020 34th Street with an .J open carport and concrete slab already encroaching into the alley righ"t:-ofway and over the City sewer line They wish to enclose the carport and request the agreerent with the City City was previously aware of the encroachment, but dJ.d nothing about it because it caused no problems The proposed agreement reqw.res that the property owners will renove the encroachmant bw.lcbng I 1 I =~:~~a~=wi~ ~ti~~~~i~to:c~~l~~ ~~~~ seconded by Mr Rock, that the encroachment agreerent be executed an behalf of the City Vote Ayes--Cleland, Kl.el, Mx>re, Rock, Separovich No-Figenshow .Motion carried RFSOlllTION ESTABLISHING PEITY CASH FUND FOR POLICE DEPT Finance Director I George Khtaian, explained to the Council that a petty cash fund wluch has been in operation since nu.d-1979, but the Police nepartmerlt needed a resolution to create the separate fund reqw.red by the state audit reqw.remants Mr Khtaian recc:mrended the proposed resolution be approved Mr Olander added that the funds had been approved in the 1980 budget and that the auditors have examined the accounting procedures for the fund and have approved it Mr Mansfield then read, by title, the resolution creating the Petty cash Fund for the police department Motion by Mr Kl.el, seconded by Mr Rock, that the resolution be adopted and given RE:SOlllTION NO 607 Vote Ayes-Kl.el, .M:>are, Rock, Separovich, Figenshow, Cleland .Motl.on carried. DISCUSSICtiJ OF RAILROAD DEPOr PROPERL'Y City Manager I Robert Olander, stated that a group of citizens of the City have expressed the wish to acqw.re the old Burlington-Northern railway depot in order to convert it to an arts and cultural center They have proposed that i f the City would purchase the property, they would rehabilitate the building for use aslan art gallery or other displays, etc Mr Olander said there had been discussion for use of the property for several different things l.IlCludJ.ng as a parking lot for downtown shoppers, business erployees parking, visitors to the depot facility, or parking for users of the multi-purpose trail along Guenes Channel i f it is developed, or for rJ.ders of the steam railway if it is developed, or for a park and ride lot for the bus transit system if it :passes this fall There would be consJ.derable expense to1 grade, fill and :pave the lot for such a use Mr Olander then enunerated1 scma ways such a purchase could be financed l.IlCludl.ng a possible LID paid by benefitting businesses, or an LID :paJ.d only by the City, or by the City fran general• revenues (helped by parking fees), or fran the property acquistion and sale ftm.d of the city Mr Olander stated he had reached no concluding recarmendations on the matter, but was merely presenting the proposal for Comicil's consJ.deration Mayor Figenshc:M saJ.d he felt a proJect such as this should not be put ahead of the goals previously set for the City Mr Separovich saJ.d he felt the City should acquire the property and that it did have possibilities for the downtown area Mr Frank Radecke, fran the audience, asked to be heard and stated as follows The City already has a museum ani 0..0 theatres ready and waiting, he and his wife had worked for the Anacortes Arts and Crafts FO\mdation for 4 years and it was his experience that less than 1% of the population of the City contributed to any of their activities and when it cane to raising funds and selling tickets, less than 2% of the population participated The present proposal to purchase the property and establish such an art center is certainly not critical to the camumity He stated that the present bw.lding is a "Mass of Junk" There are many other things that would benefit all of the camnm.ity, not JUSt 1% or 2%, such as protection for the water treatment plant against flooding, better water distribution system, upgrading of the sewage treatrcent facilities already I I 347 May 5, 1980 continued - - - - - - - - - - - - facing the City, the by-pass road to the west end of the City wluch 'WOuld benefit a great many residents, ITOre traffic controls, m:>re police protecb.On, the llmWlent necessity of the expanswn of the hospital wluch is a critical facility to the whole camrunity He further stated he felt the Council must address IlBXlII1llin ccmnuru.ty benefits with our tax dollars and should stick to the priorities already agreed upon and abandon any though.ts of sanethmg that is of such a small benefit to the carmmity I I I Mr Kl.el asked Mr Radecke to enlarge on his staterent that the bw.ldmg was a rrass of Junk and Mr Radecke replied that when he 'WOrked for SnelsonAnvJ.l and that canpany leased the bw.ldmg for a warehouse for 3 years, it was necessary' to patch up holes in the walls and floor in order to use it The ba.senent J.S full of water, there is no plumbing, no heating system, only an absolute rrurumum of power available, the interior trJ.tn has been str1ppe1 off by vandals At one tJ.ne, it was estJ.mated that $75,000 would put it into useable condition At today's prices, the estJmate 'WQ11ld be between $125,000 and $150,000 Mr Rock agreed with the last statement Mr Separovich didn't agree and said he thought it was a historical rronumant Mr Cleland said he felt the funding optwns were not feasible Mayor Figenshow asked if the pro-depot group 'WOuld like to respond to Mr Radecke and Jack Mayer addressed the Council He agreed with Mr Radecke's staterents concerru.:ng the few number of people wno participate in such activities as are proposed and said Mr Radecke was also correct in his sta-t:enent concerru.:ng the renovation of the building, but the ASCF was not broke, they budgeted their funds yearly fl-11:' Cleland asked Mr Mayer if they had any specific plans to raise the rroney for renovation and ?-11:' Mayer replied it would be a challenge to the ccmnunity, but he believed it could be done, that there were possible grants for thJ.s type of restoration and they would apply for than He was asked if the ccmnuru.ty could purchase the land without the help of the CJ.ty and Mr Mayer said he believed the City should participate and that there were a number of reasons it should be a city-owned piece of property Mr Moore said he felt the proposal 'WOuld be a good thing to do, but that the innedJ.acy did not seem as great as l.Ildicated by Mr .Mayer Mr Mayer replied that the Burlington-Northern has said that now is when it is available and if it is not acted upon, the bw.ldmg could very well be lost as retaining it as a historical site for the City He feels Burlington-Northern is anticipating a response right away Mr Olander said the only mention he had fran Burlington-Northern was fran Mr Gordon, the head of the Property D1v1s10n, and the urgency was only whether the City would oppose a restaurant in the location Burlington-Northern has not yet md.J.cated that they would be willing to sell the property at all Mr Figenshow then suggested that a Council carmu.ttee maet with Mr Olander and representatives of the BurlingtonNorthern to detenrune if there is any great urgency or deadlines to neet The Council camu..ttee will consist of the Mayor, Mr Mx>re and Mr Separovich 12'IH STREET SIGNALIZATION There followed a general discussion concerru.:ng the changes in the traff1c channelization and street lights constructed at 12th and Crnnercial The addJ.tJ.an of a southl:Dund, left-tum lane on CCimercial caused sc:xre concern about safety and feasibility of design Mr Ford advised the plan was devised by the State hl.ghway department, Safeway, Inc paid for the new signalization and the state 1s inspecting the work. The city staff feels the plan is the safest pcssl.ble and has approved it Mr Separovich said he wished to 90 on record as not believing the City is "locked in" with the State Highway Deparbn@nt I..OGGING OP TIMBER IN OR NEAR CITY Councilm:m Cleland SaJ.d he had learned of a land clearing operation belund the Mt Erie Schcx:>l and wondered why the Council had not been .mfmm:rl of it Mr Ford said the people had care to the City and canplied with all reqw.rements of the City land clearing and grading ordinance, got thelI penru..t, had a pei:nut fran the Department of Natural Resources and had proceeded with thelI proJect The area was 10 acres The ordinance does not require that Council be notified or involved, hc:Mever, i f they wish to be notified, the staff certainly can give them the .mfonnation when such applications are rrade cn.1MITl'EE FOR SELECTION OF COOSULTANT Mr Olander requested the Council name a camuttee to help work on the selection of a consultant for the wastewater treatment proJect at the water treatment plant Mayor Figenshow named Bud Rock and Tan Cleland 348 May 5, 1980 - - continued - - - - - - - - Fire Chl.ef Little then introducerl the new Chl.ef Paranrleic, John Murphy, who started with the City on May 5, 1980 Cotmcil and staff welcanerl Mr Murphy Manager Olander then presenterl in final fo.IIn the booklets setting forth the goals and obJectl.ves of the CJ.ty deternunerl by Cotmcil and staff Mr Olander suggested the Council review these goals and obJectives in order to keep them in nu.nd and stated that status reports on them uill be given to the Cotmcil every two nonths There being no further business to cane before the Council, meeting adJourned at 10 15 pm I K S May 19, 1980 Meeting called to order at 7 30 p m by Mayor Knute Figenshow Roll Call Present were Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel, and Ken Moore MINUTES OF PREVIOUS MEETING Motion by Mr Rock, seconded by Mrs Kribs, that the minutes of the previous meeting held May 5, 1980 be approved as if read Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried CORRESPONDENCE There was no correspondence to be considered by the Council CITIZEN HEARINGS Mayor Figenshow invited anyone from the audience who wished to discuss a subJect not on the agenda to address the Council Mr Leonard Newsham, 2001 Bradley Drive, thanked the Council and City staff for promptly taking care of the problem on the Kempthorn property at the intersection of Ferry Terminal Road and Sunset Mr Dave Phipps, 2720 Oakes Avenue, suggested that the Council give consideration to the construction of an all-weather boat launch facility in the area Just south of the Snelson-Anvil pier in the urban renewal area on Fidalgo Bay - if and when the property might again become free and clear He said many residents of Anacortes would appreciate such a facility which could be used more or less all year round and pointed out that Washington Park launching facilities could not be used during northerly and westerly storms in the wintertime OLD BUSINESS CONTINUATION OF PUBLIC HEARING ON HIGHLANDS• SOUTH (DIVISION II) Mayor Figenshow declared the public hearing to be open for consideration of the preliminary plat of Highlands South Public Works Director, Dave Ford, briefly reviewed previous actions on the matter and the recommendations of the Planning Commission on the matter and the recommendations of City staff which were that the proposed plat be approved sub]ect to the 12 conditions suggested by the Planning Commission with the exception of No 9, that the protective covenants for Highlands South stipulate single family residences or duplexes only, that the item of dedication of park area be land only in lieu of payments, that the proposed plat have access from three existing roads, i e St Mary's Drive, Whistle Lake Road and Haddon Road Mr Ford also reviewed the City's serving the plat with utilities and the alternate proposal of a "breakaway" emergency access on St Mary's Drive which would block St Mary's Drive to through traffic This would be acceptable to the Traffic Safety Committee Mr Ford then showed a view foil of the plat re-drawn to how the 3 separate accesses, the 10% parkland and the proposed phasing plan which is along Whistle Lake Road The development is proposed in two phases and to have a total of 31 lots The parkland area is approximately 27,700 square feet in area Mr Ford said the staff recommended, if phasing was allowed, that all right-of-ways shown in the plat be dedicated at the time of the final plat of Phase I and that all roadways be improved at the time of Phase I he also recommended that the City take cash payment in lieu of land or that the developer agree to form a Home owners Association and dedicate the parkland to that Association There followed a lengthy and detailed discussion of all of the above-mentioned items with the developer, Mr Danard, answering questions of the Council and explaining his reasons for wishing development in phases The first I I 349 May 19, 1980 - I - - - - continued phase would be 16 or 17 lots It was brought out that the present residents of Highland I were saitsfied with the present proposal From the audience, Mr Dick Dildine, 1211 6th Street, questioned the size of the lots and was advised that duplexes could be built on 7,500 square foot lots and the engineering department verified that all ots were more than that dimension Mr Dildine said he didn't feel the City should take money in lieu of the parkland Mr Bill Stitt, 4107 Mitchell Drive, remarked that his experience in dedicating land for a common area to a Home Owners Association has been good and he recommended that mini-parks be dedicated to home owners and letting them take care of them Mr Ford then gave the results of the traffic counts taken at Whistle Lake Road and Fidalgo Road which indicated more traffic than had been estimated Mr Pres Holton, 2320 11th, questioned the necessity of a lift station which requires a lot of maintenance by the City Mr Earl Biggness, 4217 St Mary's Drive, representing the Home Owners Association of Highlands I, indicated that organization liked the present proposal but would like to see the land dedicated to the Home Owners Association of Highlands I developed Mr Newsham again discussed the zoning which is RM and allows duplexes on 7,500 square foot lots Mr Dildine again addressed the Council and said he feels that it is an imposition on the City to grant blocks to through traffic and all taxpayers will have to pay for the lack of through access Mayor Figenshow then declared the public hearing closed Karolyne Kribs then moved that the plat be approved with the following conditions all recommendations to the Planning Commission listed in the staff's memorandum of March 6, 1980 with the exception of number 9 pertaining to the playground area, and that the playground area be dedicated to the Home Owners Association for Highlands South by the developer, that the access to the plat be as shown on the proposed plat, from Haddon Road and from Whistle Lake Road with the emergency access on St Mary's Drive, and that the roadway through the plat shown as Haddon Lane be paved during the construction of Phase I Motion was seconded by Mr Separovich I Under discussion, it was pointed out that if the inside roadway, Haddon Lane, were to be paved before development of that area, it would probably have to be torn up to put in utilities, etc and thus be a waste of money Vote Ayes--Kribs, Separovich No--Figenshow, Cleland, Kiel, Moore, Rock Motion failed Motion was then made by Mr Kiel, seconded by Mr Separovich, that the preliminary plat of Highlands South be approved subJect to (1) the conditions listed in the staff's memorandum of March 6, 1980 with the exception of numbers 2 and 9, (2) access from St Mary's Drive with a breakaway barrier, two accesses - one from Haddon Road and one from Whistle Lake Road, (3) the easterly portion of Haddon Lane be brought up to minimum street specifications during construction of Phase I, (4) the parkland be waived and that a cash payment in lieu thereof be accepted by the City, and (5) the whole development not contain more than 31 lots Under the discussion, Councilman Moore moved for an amendment to Mr Kiel's motion that the parkland be dedicated to the Home Owner's Association for development Seconded by Mrs Kribs Vote on the amendment Ayes--Separovich, Figenshow, Cleland, Moore, Rock, Kribs No--Kiel Amendment carried vote on the original motion Ayes--Figenshow, Kiel, Moore, Kribs, Separovich No--Cleland, Rock Motion carried I NEW BUSINESS RESOLUTION NAMING OFFICIAL NEWSPAPER City Attorney Mansfield said that to comply with State law, bid had been called for publication of City legal notices and only one received from the Anacortes American which he recommended the Council accept He read a proposed resolution, by title, accepting the bid and naming the American as the City's official newspaper Motion by Mr Kiel, seconded by Mr Separovich that the resolution be adopted and given RESOLUTION NO 608 Vote Ayes--Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried RESOLUTION AUTHORIZING AMENDMENT TO WATER CONTRACT WITH SHELL OIL COMPANY Finance Director, George Khtaian, briefly reviewed the amendment to the water contract with Shell Oil Company stating the only changes are for fixed and variable operating costs which are determined by the actual costs for providing the water The capital improvement charges remain the same Attorney Mansfield read, by title, a resolution authorizing execution of the contract Motion by Mr Kiel, seconded by Mr Separovich that the resolution be adopted and given RESOLUTION NO 609 Vote Ayes~-cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow MO'tl:"on carried 350 May 19, 1980 - - - - - - - continued RESOLUTION AUTHORIZING CONTRACT WITH SCHOOL DISTRICT ON JOINT MAINTENANCE FACILITY Attorney Mansfield explained this is a housekeeping measure brought about when the State auditors found that no formal agreement had ever been executed by the City and the School District concerning the sharing of operational costs of the Joint faility which was constructed some time ago He then read, by title, the proposed resolution authorizing the execution of the Agreement between the City and the School District The operational costs are shared based on the percentage of use of the building Motion by Mr Separovich, seconded by Mr Rock that the resolution be adopted and given RESOLUTION NO 610 Vote Ayes--KJ.el, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried REQUEST FOR STREET ENCROACHMENT AGREEMENT WITH WASHINGTON FEDERAL SAVINGS AND LOAN Mr Ford stated the City had received an application for pennission to encroach into the right-of-way of 11th Street on the north side from Commercial Avenue to "Q" Avenue The purpose of this encroachment is to extend their parking area in front of their new bank building to be constructed on said site Mr Ford Said Washington Federal was aware that if the City should wish to use the right-of-way at any time, they would have to remove all improvements at their own expense He saw no problem~ with allowing this encroachment and recommended the agreement be approved Mayor Figenshow I observed that eh could see no reason why the bank should have to use City right-of-way for their parking, that it appeared they already had sufficient property, Councilman Kiel said that with 11th Street already in place and the plans showing a new sidewalk, he could see no reason why it should not be used as requested, Councilman Separovich said he felt the matter should be discussed at a study session and Councilman Cleland thought there should be more of a reason for asking for the use of the property Motion by Mr Separovich, seconded by Mr Cleland, that the matter be carried over to a study session on May 27th Vote Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried CONTRACT FOR ENVIRONMENTAL IMPACT STATEMENT ON WEST END ROAD PROJECT Mr Olander said that the proposed contract with the Environmental Analysis Consultants to prepare an Environmental Impact Statement on the City's west end road proJect was brief, but it referenced accomplishing the specific EIS requirements in the State Environmental Policy Act which specifies what is required in an EIS Mr Olander further observed that the actual work done to prepare this document would be advantageous toward the City's plans for the proJect Motion by Mr Separovich, seconded by Mr Kiel, that staff be instructed to enter into the contract for the EIS with the Environmental Analysis Consultants at a cost of $3,800 Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel No--Moore Motion carried FINAL PLAT FOR DIVISION 19, SKYLINE Mr Ford reviewed the following the preliminary plat for Skyline Division 19 was approved by the City Council in Sepatember of 1979 This approval was subJect to 7 conditions imposed by Council He stated that all of the conditions have been met, the restrictive covenants also have been received and reviewed by staff and the City Attorney and found to be in order He then briefly described the plat as proposed and showed a view foil of the final proposed plat which indicated one change from the preliminary plat That change was the location of the cul'de sac at the end of the private road It was shifted to the west at the request of the developer The right-of-way and paving diameter for the cul'de sac remain the same as prescribed in the Subdivision Code Mayor Figenshow requested that the covenants be read Mr Ford did so The covenants were, briefly (l) the area designated as Hughes Lane will be constructed by the developer and then be maintained by the City, (2) the area designated as Skyline Way shall be constructed by the developer and thereafter be maintained by the developer to City standards, (3) The City is granted easement rights for maintaining, repairing, replacing and incidental purposes for any and all utilities placed upon the property, (4) the City is granted the right to maintain fire lanes along Hughes Lane and Skyline Way and to enforce parking restrictions on said roadways, (5) developer shall construct street lighting on both roadways and thereafter shall be responsible for the maintenance and utility costs along the portions of said roadways that are not public Mr Ford said that since the subdivision ordinance requires that either all improvements be installed or that they be bonded to the satisfaction of the City, the developer wished to bond the improvements so that the final plat could be approved by Council and filed with the County He recommended the Council approve the final plat as proposed with the condition that the bonding be submitted prior to signing the final plat I I I ~ I ' 351 May 19, 1980 - - - - - - - - - continued There followed considerable ~iscussion concerning all of the aspects of this proposed plat with comments from Dick Chapin, attorney for the developer, members of the audience and staff and Council Mayor Figenshow then declared a 10-minute recess so that the Council could view copies of the final plat which Mr Ford had received shortly before the meeting I At 10 15 p m meeting resumed and Mr Chapin was asked if he could advise the Council about any plans anticipated for the lots Mr Chapin replied he did not I have any knowledge of any plans for the specific lots, but whatever was proposed after a lot was sold would be under City regulations because as well as the zoning regulations, there was the Shorelines Development Master Plan and Shorelines Substantial Development Permit regulations, building permits, etc After additional discusision, motion by Mr Separovich, seconded by Mr Kiel, that the final plat of Division 19 in Skyline be approved as presented subJect to the submittal of the improvement bond and the seven conditions imposed by the Council when they approved the preliminary plat on September 17, 1979 Vote Ayes-Kribs, Separovich, Kiel, Moore, Rock No--Figenshow, Cleland Motion carried PUBLIC IN-PUT ON PROPOSED WASHINGTON PARK PILINGS AND FLOAT IMPROVEMENTS FOR APPLICATION FOR GRANT FROM IAC Park Director, Steve Colby, said that one of the requirements to finalize the grant application to the IAC is a site plan that has been approved by the City Council as well as the Park Commission and that has been reviewed by the general public It is also required that an open meeting be held to allow the public to express their views and concerns about the site plan or application Mr Colby showed a view foil of the site plan which noted the proposed location of the floats and pilings in relationship to the launch ramp along with a typical elevation cross section He asked for comments from the Council and public and recommended, if there were no maJor changes, that the Council approve the proposed site plan for submission to the IAC I Mr Dave Phipps was in favor of the proJect and said his only concern was that the distance between the inside float and concrete ramp should be as little as possible Mr Colby said his comment was well taken and that the intention was to place the pilings as close as possible to the ramp Mr William Stitt, as Chairman of the Chamber of Commerce Maritime Committee, said that that committee wholly approved of the proJect After some additional discussion concerning the use of the new facilities, motion by Mr Separovich, seconded by Mr Rock, that the Council approve the proposed site plan for submission to the IAC Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried AGREEMENT BE'lWEEN CITY AND U S DEPT OF AGRICULTURE SOIL CONSERVATION SERVICE Mr Olander explained that the City's Forest Management Committee had determined that the U s Soil Conservation Service could (and would for a modest fee) furnish the City with a detailed forest management plan compatible with aesthetic, recreational and wildlife obJectives of the City This agency thus would provide the information and plan which originally was thought would have to be done by an independent consultant at a large fee The soil Conservation Service has agreed to do it for $1,000 plus some per diem expenses for their people while the work is being done Mr Olander recommended the Agreement be entered into Motion by Mr Kiel, seconded by Mr Rock, that staff be authorized to execute the agreement with the Soil Conservation Service for the work desired Under discussion, Mr Cleland asked if the whole committee thought this was a good idea and he was informed that they did that the committee initiated it, had reviewed the document and agreed with it Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich Motion carried Mr Olander then asked that all Council members who intended to go to the Association of Washington Cities conference in June to please get in touch with his off ice I Mayor Figenshow then asked Council to remain for an executive session to discuss some offers on city property There being no further business to come before the Council, meeting adJourned at 10 35 p m Ida*ExE#.fretary 352 June 2, 1980 Meeting was called to order by Mayor Figenshow at 7 30 p m The invocation was given by V John Backman, Pastor of the Westminster United Presbyterian Church Roll Call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Charles Kiel Tom Cleland and Ken Moore entered shortly thereafter MINUTES OF PREVIOUS MEETING Mayor Figenshow pointed out an error in the minutes 1 of the meeting of May 19, 1980 on page 2 concerning the vote on the resolution authorizing the execution of the Shell Company water contract Mr Figenshow abstained from the voting and did not vote as shown in said minutes Motion by Mr Separovich, seconded by Mrs Kribs, that the minutes of the meeting of May 19, 1980 be approved with the correction as noted by Mr Figenshow Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried 1 I CORRESPONDENCE There was no correspondence to be read, but City Manager Olander announced an Open House to be held on the evening of June 12, 1980 from 7 00 p m to 9 00 p m at the Municipal Building The purpose is to invite public inspection of the remodeling of the City facilities and every,one is urged to attend CITIZEN HEARINGS There was no one who wished to speak on any item not on the agenda OLD BUSINESS REQUEST FOR ENCROACHMENT AGREEMENT FROM WASHINGTON FEDERAL SAVINGS AND LOAN This item was briefly reviewed by Public Works Director, David M Ford, who showed a view foil of the proposed new banking facilit~ on 11th Street between Commercial Avenue and "Q" Avenue The request for permission to extend their parking 8 feet into the parking strip along the north side of 11th Street was reviewed by staff and, according to the City code, they are required to have between 23 and 26 parking stalls If the encroachment is granted, they I would have 31 stalls The Engineering Department had no obJection to granting the encroachment, and recommended execution of the agreement There were no questions from the Council, but the following comments were made Mayor Figenshow said he felt no encroachments should be granted unless they were necessary and Washington Federal had sufficient property to the east of their building for additional parking spaces Mr Separovich saw no obJection to the encroachment and felt that the additional property to the east would be better used for some other enterprise Mr Rock said he felt the development would benefit the City and the Council should grant the encroachment Motion by Mr Kiel, seconded by Mr Rock, that the City enter into the encroachment agreement with Washington Federal Savings and Loan for the use of the 8 feet of the parking strip bordering the south perimeter of their property as shown on the view foil drawing Vote Ayes--Kribs, Separovich, 1Kiel, Moore, Rock No--Figenshow, Cleland Motion carried I NEW BUSINESS - RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT FOR A CONCESSION IN WASHINGTON PARK WITH YOUTH DYNAMICS Manager Olander briefly outlined the request from Youth Dynamics to place and operate a concession stand at Washington Park during the months of June, July, August and September Park Director, Steve Colby, researched the matter and developedicriteria on which to base an agreement The City Attorney drew up an Agreement which included the percentage of gross to be charged, the duration of the!license and cost thereof, the abiding by all rules and regulations of the City Park and Recreation Commission, etc , to furnish public liability insurance and indemnify the City against any and all liability or claims or other loss of any kind to comply with all health regulations and keep the area clean and neat, etc no intoxicating beverages permitted to be sold, etc The matter was discussed by Council at a previous study session Staff recommended the City enter into the Agreement Mr Olander then read, in the absence of the city Attorney, by title the resolution authorizing the Agreement Motion by Mr Separovich, seconded by Mr Cleland, that the resolution be adopted and given RESOLUTION NO 611 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Motion carried RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SCHOOL DISTRICT Since 1973, the City of Anacortes has entered into a contractual agreement with the School District to Jointly provide recreational opportunities for the citizens of Anacortes Briefly, the City provides the leadershio, instruction and administration of the programs and the School District provides necessary facilities Mr Olander advised that this year a clause had been added allowing the School District use of City facilities as a reciprocal privilege ,for school-authorized functions Also, the City has agreed to pay the sum of $225 per year for the use of gymnasium equipment to help pay for the replacement thereof These are the only changes in the agreement Mr Olander then read, by title, a resolution authorizing execution of the proposed agreement Motion by Mr Separovich, seconded by Mrs Kribs, that the resolution be adopted and given RESOLUTION NO 612 Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Motion carried Kribs, Separovich I 353 June 2, 1980 - - - - - -continued I I ORDINANCE ADOPTING OPTIONAL MUNICIPAL CODE Mr Olander gave a background review of the system followed by the State of Washington in the governing of cities For many years, cities were classified according to their population and each class had to abide by a certain set of laws determined by the State Cities could only do what the state authorized them to do and local powers were restricted A few years ago, an alternative framework of laws was devised under which cities could operate This reversed the traditional trend and now 98 Washington cities have adopted the "Optional Municipal Code" in order to have more home authority The change does not cause any dramatic changes in local government, but does provide more flexibility for the City to take care of its own problems The ninety-day waiting period is now up since the City Council adopted Resolution 580 declaring the Council's intention to change the classification from a 3rd Class City to a non-Charter Code City The 90-day period was for the citizens to file a petition requesting an election on the matter if they wished No such petition was filed There followed a brief discussion on the pros and cons of changing from a 3rd Class City to a Non-Charter Code city and operating under the Optional Municipal Code Mr Olander then read, by title, a proposed ordinance adopting for the City the classification of Non-Charter Code City under the laws of the State of Washington, saving rights The effective date of the ordinance would be the 1st of July, 1980 Motion by Mr Rock, seconded by Mr Moore, that the Ordinance be passed and given ORDINANCE NO 1823 Under the question, from the audien~e,Mr Dick Dildine asked whether the public would have the right of petition (not previously granted) under the 1 0ptional Municipal Code form of government Mr Olander was unable to reply definitely and referred Mr Dildine to Mr Mansfield, the City attorney, but he did refer to the opinions of the Municipal Research Division of the Association of Washington Cities which body states it is the most predominant form of government in the State of Washington Vote Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried PUBLIC HEARING ON FINAL ASSESSMENT ROLLS - LID 189 and LID 192 Mr Ford advised that both of these LIDs have been completed and are ready for establishment of a final assessment roll He suggested the date of July 7, 1980 be set for public hearings on said final assessment rolls Motion by Mr Rock, seconded by Mr Separovich, that July 7, 1980 be set for such public hearings Vote Ayes-Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland Motion carried ORDINANCE INCREASING ADVANCE TRAVEL EXPENSE REVOLVING FUND Mr Olander reminded the Council that a few months ago the State Auditors required the City to establish a travel expense fund This was done and, at that time, it was estimated that $2,000 would be sufficient It has now been determined that such sum is not enough to carry through the year The proposed ordinance increases the fun to $3,000 - it does not allow any more travel or increase the budget in any way Finance Director, George Khtaian, explained in more detail why the additional money was needed to insure there would be no overdrafts in the fund Mr Olander then ready, by title, the proposed ordinance increasing the travel fund from $2,000 to $3,000 Motion by Mr Separovich, seconded by Mr Kiel, that the ordinance be passed and given ORDINANCE NO 1824 Under the question, Mr Moore asked if it was standard to completely repeal the former ordinance and create a new one rather than amending the old one He was advised that the City Attorney felt this was easier and removed the necessity of having to refer back from one ordinance to another to determine all information on an ordinance Vote Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried Rock suggested the subJect of the City being divided into Wards be discussed at a study session Mayor Figenshow directed it be added to the next study session agenda Mr I Mr Separovich urged all citizens to write to their representatives and to the State Highway Department concerning additional traffic lights on Commercial Avenue The matter of insufficient parking near the State ferry terminal on weekends and holidays was discussed Mr Olander read a letter he had written to the State Department of Transportation urging them to consider the matter and sending pictures of the cars parked illegally over the past Memorial Day holiday weekend Mr Figenshow said he felt a committee of local agencies should be formed to study the problem and give some positive alternatives From the audience, Mr Jim Rice, disagreed with the Council and said the problem could be best solved by discouraging the use of the ferries There being no further business to come at 8 30 p m Ida~~tary 354 June 16, 1980 Meeting called to order at 7 30 p m, by Mayor Figenshow Invocation was given by Reverend Al Baunsgaard of the First Assembly of God Church Roll Call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland Charles Kiel and Ken Moore were excused MINUTES OF PREVIOUS MEETING Motion by Mr Separovich, seconded by Mr Cleland that the minutes of the previous meeting held on June 2, 1980 be approved as if read Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland Motion carried CORRESPONDENCE Mayor Figenshow read a letter from the Washington State Criminal Training Commission congratulating the City's reserve officers on completion of their1raining and forwarding their certificates CITIZEN HEARINGS Mayor Figenshow asked if anyone in the audience wished to address the Council on any item not appearing on the agenda and there was no response OLD BUSINESS I There was no old business to be considered by the Council Before taking up the new business, Mayor Figenshow requested all the new Police Reserve Officers to come forward and then he presented each one with his Certificate of Completion of Training and congratulated each individual The Police Reserve Officers are Erling P Biggness, Richard W Hause, Diane Korterud, Joseph F LeBlonde, H Dean Maxwell and Bruce W Montour All present Joined in a round of applause for the officers NEW BUSINESS PUBLIC HEARING TO CONSIDER AMENDING THE SHORELINE DESIGNATION FOR FLOUNDER BAY Mayor Figenshow announced that the attorneys in the amtter had requested this public hearing be continued to July and, therefore, he would open the Public Hearing with the request it be continued He then declared the I Public Hearing to be opened Motion by Mr Separovich, seconded by Mrs Kribs, that the Public Hearing be continued to the meeting of July 21, 1980 rVote Ayes--Kribs, Separovich, Figenshow, Cleland, Rock Motion carried RESOLUTION AUTHORIZING APPLICATION FOR LIBRARY MINI-GRANTS City Manager, Robert Olander, explained that the deadline for presentation of the application to the State Library Board occurred prior to Council meeting, that he had authorized Mr Everhart to go ahead and submit the application, that the State Board had reviewed it and denied it - presumably because there was not enough time to properly consider the application prior to the date set for the Arts and Crafts Festival in Anacortes upon which several activities proposed in the application hinged He asked the item be withdrawn from the agenda I ORDINANCE REPEALING ANACORTES FIREWORKS ORDINANCE NO 1347 City Attorney, Stephen Mansfield, told the Council that he agreed with Fire Chief Little's memorandum in which Mr Little pointed out that the old Anacortes Ordinance No 1347 I governing fireworks use, sale, etc is completely outdated and redundant since the State regulations contained in Chapter 202-16 of the WAC covers all phases of fireworks use, sale and manufacture Mr Mansfield read, by title, a proposed ordinance repealing Ordinance No 1347 and referring local regulation sub]ect to the RCW 70 770250 regarding fireworks Motion by Mr Rock, seconded by Mr Cleland, that the proposed ordinance be passed and giv~n ORDINANCE NO 1825 Vote Ayes--Separovich, Figenshow, Cleland, Rock, Kribs Motion carried Chief Little also recommended approval of an application from the Royal Rangers to sell fireworks for this 4th of July in the parking lot of the Prairie Market where they have previously been sold The approval of the Council is necessary in this instance because the newly~passed ordinance will not become effective until 5 days after its passage and publication The Office of the State Fire Marshall had issued a license to the Royal Ranger~ to sell fireworks from Jun3 28th to July 6th, 1980 Motion by Mr Separovich, seconded by Mr Rock, that the application be approved in accordance with the state permit Vote Ayes--Figenshow, Cleland, Rock, Kribs, Separovich Motion carried This is the last time the Council will have to consider such applications From now on, all applications will be taken care of by the Fire Chief RESOLUTION AUTHORIZING CONTRACT WITH CONSULTANT FOR CONVENTION CENTER FEASIBILITY STUDY City Manager Olander briefly reviewed the background leading to this request stating the Committee appointed by the Council had developed a work plan, set out requests for proposals, reviewed said proposals and interviewed representatives from the three most promising consultants The result was a recommendation to retain the firm of Harris, Kerr, Forster and Company to do the study The maximum cost for such a study was set at $15,100, however, if furing the course of the study, the consultant should find that the pro]ect is not practical, the committee has the option to discontinue the study and pay I the consultant only for the work performed Mr Olander recommended the retention of the firm referred to above Mr Mansfield read, by title, a resolution authorizing award of the study contract to the firm of Harris, Kerr, Forster and Company for the purpose of determining the economic feasibility of a Public I 3!35 June 16, 1980 - - - - - - - continued Convention/Conference Center in Anacortes Motion by Mr Separovich, seconded by Mr Rock that the Resolution be adopted and given RESOLUTION NO 613 Vote Ayes--Cleland, Rock, Kribs, Separovich, Figenshow Motion carried I RESOLUTION AUTHORIZING SIGNING OF TREASURER'S CHECKS George Khtaian, Finance Director, explained that with a change in personnel, the instant resolution was to authorize Stan Nelson, City Accountant/Deputy Treasurer, to sign Treasurer's checks in the absence of Mr Khtaian Motion by Mr Separovich, seconded by Mrs Kribs, that the resolution (read by title by Mr Mansfield) be apprbved and given RESOLUTION NO 614 Vote Ayes--Roc~, Kribs, Separovich, Figenshow, Cleland Motion carried RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO TEXACO WATER CONTRACT Mr Olander stated the proposed amendment to the water contract with Texaco, Inc was the very same as the contract executed by Shell Oil Company The only changes are for fixed and variable operating costs which are determined by the actual costs for providing water Mr Olander recommended adoption of the resolution authorizing execution of the amendment to the contract Motion by Mr Cleland, seconded by Mr Rock, that the resolution be adopted and given RESOLUTION NO 615 Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Rock Motion carried RESOLUTION SETTING DATE FOR PUBLIC HEARING ON PETITION FOR VACATION Mr Mansfield said a petition for vacation of certain property, previously deeded as streets in the old Scott Paper Co site, had been received and would have to be considered by the City Council at a public hearing He read, by title, a resolution setting the date of July 7, 1980 as the time for the public hearing Motion by Mr Separovich, seconded by Mrs Kribs that the resolution be adopted and given RESOLUTION NO 616 Vote Ayes--Separovich, Figenshow, Cleland, Rock, Kribs Motion carried RE-APPOINTMENT TO MUSEUM OF HISTORY BOARD Mayor Figenshow stated the term of Paul Stratton on the Museum of History Board had expired and he recommended the re-appointment of Mr Startton Motion by Mr Separovich, seconded by Mr Rock that the re-appointment of Mr Paul Stratton be confirmed by Council Vote Ayes--Figenshow, Cleland, Rock, Kribs, Separovich Motion carried Mr I Mayor Figenshow announced that members of the San Juan Ferry Advisory Committee and the Skagit County Ferry Advisory Committee would be going to Olympia on June 17th to present testimony at a hearing regarding the international ferry runs They feel that there should be reduced service rather than complete termination of the run Mr Figenshow also announced that the subJect of onstreet parking for the public will be on the agenda for the July 7th meeting of the Council REQUEST FOR LATECOMER'S AGREEMENT From the audience, Mr Peter Liske addressed the Council and asked that they consider entering into a latecomer's agreement concerning utilities he plans to install in his development site on "B" Avenue In 1979, a petition for an LID was turned down by the Council and he now wishes to put in water service, but because it is a development proposal for service to up to 8 residential lots, he wishes a Latecomer's Agreement Mr Separovich suggested he bring all the information concerning his proposal to a study session with the Council Mayor Figenshow pointed out that the Council had previously considered this kind of a request and had, informally, decided to do away with such agreements Mr Liske said he felt as long as no formal policy had been adopted, he should be given an opportunity to present his proposal for consideration The Council said they had no obJection to hearing the proposal and indicated it would be listed on their study session agenda for July 14, 1980 There being no further business to come before the council, 8 05 pm I 715ned , Mayor J at 356 July 7, 1980 Meeting called to order at 7 30 p m by Mayor Figenshow Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland Ken Moore was a few minutes late Charles Kiel was excused MINUTES OF PREVIOUS MEETING Motion by Mr Separovich, seconded by Mr Rock that the minutes of the previous meeting held June 16, 1980 be approved as if read Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Moore Motl.on carried CORRESONDENCE There was no correspondence to be read CITIZEN HEARINGS Mayor Figenshow asked if anyone in the audience wished to address the Council on any item not appearing on the agenda Roger Markham, Chal.rman of the Board of Trustees for the Anacortes Eagles, asked permission to block off 7th Street between Commercial Avenue and "Q" Avenue for their annual salmon bake on July 19th and 20th Permission was granted I c OLD BUSINESS DOWNTOWN STRIPING AND PARKING City Manager Bob Olander briefly revJ.ewed the background leading to the June 9th study session where Council discussed this matter with representatives from the business community and then directed that an ordinance be prepared for final action at the next regular Council meeting on July 7th City Attorney, Stephen Mansfield, read and explained the ordinance that had been prepared After general discussion, motl.on was made by Mr Moore to accept the ordinance, seconded by Mr Cleland Vote Ayes--Cleland, Moore, Figenshow Nayes--Rock, Kri~s, Separovich Motl.on failed This item will be reviewed and studied at the next study session on July 14th NEW BUSINESS PUBLIC HEARING ON FINAL ASSESSMENT ROLL - LID No 189 Engineering Supervisor, Jim Pemberton, gave a review of the background leading to the LID and the work that was accomplished City Manager Olander briefly explained that this was a public hearing to hear protests and complaints as to whether or not the public felt they had been fairly assessed for the work completed The public hearing was then opened and Jr James Ostlund, 4717 Anaco Beach Road, stated his opposition to the LID Mr Ostlund felt that he had not been correctly notified after being presented with the preliminary information for the LID Mr Bill Coleman, 4610 Anaco Beach Road, also felt that the LID was not presented to the public correctly City Attorney Mansfield explained that the LID was formulated because of a public petition, and it was not necessary to have public hearings City Attorney Mansfield also suggested that this form of LID not be accepted by Council in the future in order to prevent further problems such as Mr Ostlund & Mr Coleman had expressed Mayor Figenshow closed the public hearing After discussion by Council, motion was made by Mr Moore, seconded by Mr Separovich, that the proposed ordinance be passed and given ORDINANCE NO 1826 Vote Ayes-Separovich, Figenshow, Cleland, Moore Nayes--Rock, Kribs Motion carried Mr Rock explained that he voted "no" because he was opposed to the petition method of formulating the LID and had been all along PUBLIC HEARING ON FINAL ASSESSMENT ROLL - LID No 192 Engineering Supervisor, Jim Pemberton, gave a review of the background leading to the LID and the work that was done The public hearing was then opened Mr H W Bockenkamp, 1119 36th Street, explained that he had come down to City Hall last week to pay the LID assessment on his property and that no one would accept his check City Manager Olander informed the audience that the City could not accept any monies until the final assessment roll was accepted by Council Mr Boyd Benson, 1420 30th Street, told the Council that the street by his home was paveed 5 feet off the center line and that a culvert across the street from him had been repaired but was again in need of repair Mayor Figenshow asked Mr Benson to write down his complaints so that they could be taken care off by the City staff Maria Franulovich, 1201 13th Street, who had already sent a letter of complaint to the City, told Council that the paving does not go far enough to cover the area where vehicles P,ark so that erosion will not occur Mrs Franulovich also expressed dissatisfaction that proper drainage had not been installed Mayor Figenshow expalined that in order to reduce the cost of paving, the streets had been made narrower and that drainage was not part of the LID Violette (Clark) Wyatt, 15th and Alaska, protested the assessment in that the area had been paved under LID 188 and paid for under LID 188 Mrs Wyatt felt that she should only have to pay the rate established under LID 188 and not the rate assessed under LID 192 After discussion, Council agreed that Mrs Wyatt should pay the rate assessed under LID 188 for 75 feet of frontage and that the additional $225 would be paid by the City Mr Palmer Swenson, 1319 29th Street, I I 357 July 7, 1980 - - continued stated that he was quite happy with the paving, but he felt that the street was not centered and also had reported that the crushed rock was washing into the drains Mr John Olson, 2517 West 2nd, felt that since no one had asked to be included in LID 192 that it was unfair to assess the property owners on Alaska Avenue, especially at the rate established by LID 192 Mayor Figenshow closed the public hearing Motion was made by Mr Separovich, seconded by Mr Cleland, that the proposed ordinance with the ad]ustment made to Mrs Wyatt's assessment be passed and given ORDINANCE NO 1827 Vote Ayes--Figenshow, Cleland, Moore, Rock, Kribs Separovich I I PUBLIC HEARING ON REZONE APPLICATION FOR ISLANDS MOTEL, LOTS 1 THUR 10, BLOCK 7, BEALE'S MAPLE GROVE ADDITION, FROM RH2A TO COMMERCIAL ZONE The public hearing was opened and Director of Community Development, Ken Kinzel, briefly stated the petition by Fein Hulscher, owner of Islands Motel, to rezone her property so that she can open a cafe at her place of business Mr Kinzel reported that there was public concern regarding parking around the motel blocking traffic and intersection safety The Planning Commission recommended approval of the rezone if all building and City requirements are met Les Johnson, Mrs Hulscher's legal counsel, briefly stated that his client had already blocked off the alley entrance from the motel and that she will put in additional parking to meet City building standares Mrs Orrin Olk, 817 34th Street, asked Council if, after the rezoneing was approved, would the owner be allowed to sell liquor and make the cafe into a tavern-type establishment? Mr Johnson replied that he did not know the answer to that question Billie King Smith, 819 35th Street, told Council that she was very opposed to the rezoning of this property because it causes traffic and parking problems that make it unsafie to enter Commercial from 34th Street Also, she stated that there was an application for a liquor license in the window and an "open" for business sign that,to her, indicated that the caf e was already open and that liquor would be sold there Mr Johnson reported to Council that the cafe was not opened and the "open" sign was for the motel Mrs Hulscher told Council that she did not intend to sell hard liquor at her cafe, but only wine by the glass to go with dinners Mayor Figenshow closed the public hearing After discussion, Council recommended to City staff to change the ordinance to include the restriction of selling beer and wine only by the glass and also to require the property owner to build adequate parking spaces to meet City building codes This ordinance is to be prepared for the next regular Council meeting on July 21st PUBLIC HEARING ON PETITION TO VACATE DEDICATED STREET RIGHT-OF-WAYS IN OID SCOTT PAPER MILL PROPERTY The public hearing was opened and Mr Kinzel briefly explained the petition to Council of Snelson-Anvil's petition for vacation of portions of City property that have been dedicated as public-right-of-ways with Snelson-Anvil paying one-half the appraisal price for that property Mr Kinzel described the alternatives that could be used for accepting the named petition as 1 obtainting easements to the north through Snelson-Anvil and Port property, 2 to abandon the 16" and 20" lines in "R" Avenue at 20th Street and extend from the 20" main westerly on 20th to "Q" Ave northerly on "Q" Ave to 17th St and reconnect to existing 10" line in that area to provide a public right-of-way from 'Q" Ave easterly to the shoreline of Fidalgo Bay This right-of-way could be approximately 60 feet and utilized for access to Snelson-Anvil property and Port property as well as be utilized for utility easement purposes Mr Bill Snelson, 814 Garden of Eden Road, Sedro Woolley, co-owner of Snelson-Anvil Company, stated that the company would be willing to negotiate with the City and possibly trade up to 40 feet of property in such negotiations Mr Robert D Keller, Manager of the Port of Anacortes, expressed that the Port had been looking at the areas in question for some time and that they were not willing to trade or give any of the land in this negotiation Council directed sta£f to negotiate the trade of this property and come back to Council with the results I WATER FRANCHISE FROM SKAGIT COUNTY Engineering Supervisor, Jl.m Pemberton, explained that a franchise from Skagit county for a portion of the City's 24-inch transmission line in the Summit Park vicinity has expired and that Mr David M Ford, Director of Public Works, had been in contact with the County inquiring about renewing this franchise Skagit County officials recommended that the City make application for a blanket franchise which would cover all County roads where the City has or expects to have water utilities located This would eliminate the need for making franchise applications on a "road by road" basis and provide the City with greater flexibility Mr Pemberton then asked permission to make application for a blanket franchise covering 64 sections of land in 6 townships and stated that after the Skagit County Commissioners act on the franchise, it would be brought back for adoption by resolution Motion by Mr Separovich, seconded by Mr Cleland, to give said permission Vote Ayes-Rock, Kribs, Separovich, Figenshow, Cleland, Moore Motion carried PERMISSION TO CALL FOR BIDS ON WATER TREATMENT PLANT AND WASTEWATER TREATMENT PLANT ELECTRONIC EQUIPMENT MAINTENANCE 358 July 7, 1980 - continued Chief Operator of the Water Treatment Plant, Ed Capasso, made this request which was presented to Council by Mr Jim Pemberton in a brief background report After consideration and discussion, motion was made by Mr Rock to give permission to call for bids on a two-year contract, seconded by Mr Separovich Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Moore, Rock RESOLUTION AUTHORIZING AND ESTABLISHING PETTY CASH/CHANGE FUNDS Finance Director, George Khtaian, requested a resolution to be passed to allow the Park Department an additional $50 cash change, and to update all past Petty Cash Resolutions into one Motion by Mr Separovich, seconded by Mr Rock, that the proposed resolution be passed and given RESOLUTION NO 617 Vote Ayes--Figenshow, Cleland, Moore, Rock, Kribs, Separovich There being no further business to come before Council, meeting adJourned at 11 00 p m I July 21, 1980 Meeting called to order at 7 30 p m by Mayor Knute Figenshow The invocation was given by Reverend Al Gamble of the Church of the Nazarehe Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel MINUTES OF PREVIOUS MEETING Motion by Mr Rock, seconded by Mr Cleland, that the minutes of the previous meeting held on July 7, 1980 be approved as if read Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion rcarried At this point, Councilman Moore entered the meeting I CORRESPONDENCE Manager Olander said there was one piece of correspondence which would be covered later CITIZEN HEARINGS There was no response to the Mayor's invitation to speak on any item not in the agenda OLD BUSINESS REQUEST FOR REZONE OF LOTS 1 THROUGH 10' BLOCK 7 ' BEALE Is MAPLE GROVE ADDITION This request was previously considered by Council at their meeting of July 7, 1980 Mr Kinzel, Community Development 1 Director, briefly reviewed the request stating that the property owner's primary reason for requesting the zone change from RH2A to Commercial was to b~ able to open a restaurant on the Islands Motel site and obtain a license fkom the state to serve wine or beer with meals Mr Kinzel showed a view foil of the location, said the Planning Commission's recommendation was to grant the rezone with the condition restricting the class of liquor license to sale of beer or wine by the glass only with meals Attorney Mansfield then read, by title, a proposed ordinance granting the rezone withrthe restriction as described and an agreement attached to be executed by the property owner,lcornelia J Huscher After a brief discussion, motion by Mr Separovich, seconded by Mr Rock, that the ordinance be adopted and given ORDINANCE NO 1829 provided the agreement is executed by Ms Huscher Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Motion carried Kiel, Moore, Rock ORDINANCE SETTING PARKING LIMITATIONS City Manager, Robert Olander, briefly reviewed the proposed ordinance which has previously been considered by the City Council and provides as follows Limits parking time on streets and avenues, establishes no parking areas, repeals Ordinances 1672, 1695 and 1731 The areas limited to 2 hour parking between 8 00 a m and 6 00 p m Monday thru Saturday are Commercial from the south line of 3rd to the north line of 12th, 6th, 7th and 8th between the west line of "Q" and the east line of "O" There is no parking in the Anacortes bike path, on St Mary's Drive between Hillcrest Terrace and the north edge of lot 1, Highlands lst Addition, "Q" from 9th to 11, west side of "Q' from 14th to 15th, 10th from Commercial to "Q', 11th from Commercial to "Q" and 13th from Commercial to "Q" Mr Mansfield then read, by title, the proposed ordinance establishing the foregoing limitations, citing the penalties for violation and repealing the previous parking ordinances Motion was then made by Mr Kiel, seconded by Mr Separovich, that the ordinance be adopted and given ORDINANCE NO 1830 Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Kribs No--Rock Motion carried Item 6(c) Petitidn for Street Vacation - removed from agenda to be discussed in executive session after meeting I I 359 July 21, 1980 I I - - - - - - -continued NEW BUSINESS - CONTINUATION OF PUBLIC HEARING ON AMENDMENTS TO SHORELINE MASTER PLAN Before opening the public hearing, Mayor Figenshow stated as follows The purpose of the hearing was to consider amendment to the Anacortes Shoreline Master Plan in the following particulars to provide for Jurisdiction of the Shoreline Act from the ordinary high water line seaward to the City limits line, to provide a use designation for Flounder Bay and to amend the Shoreline Designation Map to implement the first two proposed amendments Mr Figenshow reminded the audience that no specific proposal for marina expansion or other development was before the Council and that all testimony should be limited to the issue of whether or not to adopt the proposed amendments to the Shoreline Master Plan Figenshow then listed the procedure to be followed for the public hearing and asked that everyone giving testimony identify themselves for the record, give testimony that is relevant to the matter being heard, is not repetitious and does not question the motives of others or critcizes their action He then declared the public Hearing to be open Mr On behalf of the City, Mr Ken Kinzel then showed a view foil of the Flounder Bay area and reviewed previous activities which brought about the instant hearing which was an application by Skyline Marina in the latter part of 1979 to expand their marina further out into Flounder Bay The Planning Commission approved the marina expansion and the matter was appealed to the Shoreline Hearing Board In February of 1980, the State Shoreline Hearing Board heard the matter and determined that the City of Anacortes had failed to provide the use designation for the area of Flounder Bay which would be used by a proposed marina expansion and also whether or not the Anacortes Plan Jurisdiction extended from the ordinary high water mark seaward to the corporate limits of the City The State Shoreline Management Act requires that area use designations be provided for all wet areas lying seaward of a point 200 feet landward from the ordinary high water mark To correct the deficienies in the Anacortes Shoreline Master Plan, the following amendments were proposed 1) Amend paragraph 3, page 2, of the Introduction to the Master Plan to read This Master Program applies to those shoreline areas extending landward 200 feet from the ordinary high water mark of all marine waters and associated wetlands, and Cranberry Lake, and seaward to coincide with the legal description of the corporate limits of the City of Anacortes 2) Amend the second paragraph of subsection b on Page 13 of the Shoreline Plan to provide that that portion of Flounder Bay lying Southerly of the areas zoned Residential Low Density and currently zoned Commercial Marine be designated as Urban II 3) Amend the Shoreline Area Designation Map to incorporate the two amendments described above and amend the note at the bottom of the map so as to indicate that Jurisdiction is 200 feet landward from the shore and seaward to the corporate boundaries of the city of Anacortes Mr Kinzel said the staff's recommendat~on and the Planning Commission's recommendation was to adopt the proposed amendments as stated above I Mayor Figenshow then asked if there were any letters or petitions for or against the proposed amendments Mr Sheldon Kochel, 5119 Doon Way, addressed the Council and presented a petition with 109 signatures of persons opposing commercial boat moorage and marina expansions plans in Flounder Bay and listing the following reasons therefor 1) they were led to believe an open bay would be in the Skyline plat plan 2) that additional moorages would make boat navigation unsafe, 3) water quality, air quality would be damaged, noise levels would be excessive, 4) inadequate upland support facilities (such as parking, toilets and showers) and general ingress and egress 5) aggravated police and fire protection problems 6) permanent environmental damage to the area After discussion, this petition was handed to the Secretary with instructions to mark it Council Exhibit I Mayor Figenshow then invited the proponent's presentation and Mr Dick Chapin, 900 ONB Plaza, Bellevue, Attorney for the owners of Skyline Marina, presented to each Council member a booklet containing the reasons his clients believed the undesignated portion of Flounder Bay should be designated Urban II, as follows l) the uses permitted under Urban II are consistent with the rezoning done in 1978 to permit additional moorage facilities 2) Consistent with the Anacortes Shoreline Master Plan 3) The Dept of Ecology, the Dept of Natural Resources and the State Shorelines Hearing Board all encourage meeting moorage demands by 360 July 21, 1980 - - - - continued expansion of existing marinas rather than by developing new sites 4) No substantial adverse impact on water quality S) No adverse l.lnpact on navigational safety 6) No adverse impact on traffic, ample capacity for additional vehicles on arterials serving Skyline Marina area 7) Additional moorage permits will control adequate parking 8) Views from hillside above Bay will not be obstructed and 9) Any other possible l.lnpacts discovered in connection with a specific I application for a Shoreline Development Permit for addition~l moorage can be mitigated by imposing necessary conditions The booklet contained Addendums supporting each of the above allegations and Mr Chapin elaborated briefly on each one They were quotations from the Shoreline Master Plan, letter from the Dept of Ecology, excerpt from the Analysis of the Water QUality, Flora and Fauna in Flounder Bay in Relation-, ship to Existing and Potential Expanded Moorage Facilities by consultant, Ronald p zeutschel, letter from the U s Coast Guard memorandum from Engineering Supervisor Jim Pemberton of July 17, 1980, report of Norman 1Associates, Inc , Coastal and Hydraulic Engineers, and three 8 X 10 photographs Copy of this booklet was handed to the Secretary who marked it Council Exhibit II Attorney Chapin pointed out that the original plans and brochures make clear that Flounder Bay was conceived for marina atmosphere development and activity, that present demand for moorage is substantial and that all of the above allegations would have to be worked out in detail when a definite proposal was presented if the zoning was designated as Urban II as it was 1ntended Mr Chapin invited the Council to question Mr Norman or Mr zeutschel11f they wished The Council had no questions at this point I 1 Mayor Figenshow then invited representatives of the opponents to the Shoreline Master Plan amendments to present their views and Mr Richard Arambaru, SOS Madison Street, Seattle, Attorney representing the "Save Flounder Bay" group, addressed the Council Mr Arambaru presented the Council *1th a map of the area in question on which was depicted the original zoning line, the proposed Urban Ii/Residential line and a proposed "Save Flounder Bay" line The original line more or less runs down the center of the bay, the proposed Urban II/Residential line runs along the north edge of the bay and the proposed "Save Flounder Bay" line runs along the south edge of the bay Copy of this map was handed to the Secretary who marked it Council Exhibit III Mr Arambaru then called upon members of his group who wished to state their reasons for opposing the proposed Shoreline Master Plan amendments Mr Orlen Christenson of 701 12th North, Edmonds, Washington, addressed the Council stating he was a property owner in Skyline and concerned about the proposed zoning of the Bay It was his opinion that the proposed Urban II I zoning would be at odds with good planning, that at the outset, there was representation that there was open water as a buffer between the commercial marina area and the residential area that it would be poor,planning to take away the buffer zone He also said there was evidence that the marina is now fully developed and additional moorages would be overdevelopment Ms Sharon Dinnnick, 2001 Skyline Way, then quoted from a report titled, "Tidal Flushing in Flounder Bay" prepared for the State of Washington Dept of Fisheries by Charles W Harris Hydraulics Laboratory, Dept of Civil Engineering of the University of Washington The study was done between May and October of 1978 by putting dye into the water and taking aerial photographs which showed the water coming into Flounder Bay from Burrows Bay, the path of its circulation and return to Burrows Bay In the ~onclusions of this report, she quoted sections which indicated the effects of boats and slips inhibiting motions of surface water and that the water in the "keys" was dependent on the water in the center of the bay If 1t1was impeded, the people with lots on the keys would be hurt first She also stated that at the present time, wildfowl life is good, but it could be hurt with additional development in the bay The report (and accompanying aerial photo) was handed to the Secretary who gave it Council Exhibit No IV Sheldon Kochel again addressed the Council and said he wished to talk about the parking situation He does not agree with the allegation that the parking can be controlled by the requirements of the City zoning code He presented lists of actual counts of vehicles parked in parking lots, in specific areas, on streets, in condominium areas, etc between July 4th and 7th and on July 12th and 13th He also reported figures given to hlln by City staff as counted by a city Traffic Counter indicating some 7,000 ~ vehicles had passed the point of count during the 3-day holiday Mr Kochel I reviewed the physical counts previously referred to and concluded that the traffic in Skyline is already a complete "mess" and additional moorages would only compound the problem Mr Kochel's lists were handed to the I I July 21, 1980 - - - - - - - - - - continued Secretary to mark them Council Exhibit No 361 v Mr Lloyd Selene, 4410 Queen Anne Way, said he wished to speak on navigation When he purchased his property in Skyline, he had been given the same information, that there would be plenty of room He now believes that the traffic situation is so bad a person has to wait to get into the Bay He feels the zoning should not be changed I Mr Bob Griese!, 4513 K.l.ngsway, indicated the Council should take into consideration the wind factor No matter how experienced a boater may be, if the wind is blowing he can't always control his boat and the traffic is already so bad, a boater almost has to "take a number" to get into his moorage slip Ms Peggy Lipsey, 1909 Bay Place, testified that she was against the rezoning and pointed out her lot on the map Said she had been told there was a possibility of the locating of a new gas dock close by if the zone is changed, and this would create a lot more noise and fumes as well as trash in the water However, her biggest fear was of a fire If there ever was one, it would spread quickly to the residential area and there would be no way to get out on the water side Mrs Bobbie Griese!, 4513 Kingsway, explained that she and her husband boat 12 months a year, they have problems with heavy boat traffic and would prefer to see the buff er zone remain in the Bay I Mr Arambaru then swmnarized the statements of the seven previous property owners stating he felt the Council's decision on the matter would be very important because it would only be good for additional marina facilities In reviewing other marinas in cit~es in Washington, there are no residential areas in close proximity to the commercial areas He pointed out that a lot of vehicles are parking illegally, that Division 19 is a commercial development requiring more parking, the-buffer between commercial and residential should be kept there, the water quality is not as good as it should be, the flushing action is bad, the Dept of Ecology says that such areas should not be considered for marinas, purchasers of property were shown brochures which indicated there was going to be an open area in the Bay there should not be additional commercial development in Flounder Bay and recommended the line be drawn between the Commercial and Residential He also obJected to any procedure allowing Mr Chapin rebuttal Mr James Anderson, attorney, 2102 10th Street, spoke on behalf of Harold Mousel who is interested in putting in moorage spaces at the end of Division 19 He asked the Council not to compromise, but to accept the recommendations of the Planning Commission and City staff Mr George Wasilewski, Manager of the Skyline Marina, Inc , addressed the Council saying anyone who takes the time to read the Shoreline Master Plan would realize that the whole Bay is actually designated Urban II He also pointed out that there are 75 residential docks constructed on the Bay and each one, according to Mr Wasilewski, has 3 vessels docked instead of l He feels the designation should be Urban II Mr Richard Sands, 3817 Yorkshire Drive, said that in 1974 it was brought to the attention of the City that in Division 13 the dividing line between residential and commercial actually went rhough one property owner's lot Other errors in Division 7 were also corrected He said he was sure the intent was that the Bay would be commercial H e agreed that the parking had to be organized, but feels there is ample room coming into the Bay and the keys He asked the Council to approve the zone designation as Urban II I Mr Ed Knowles, 1808 Piper Circle, said he was not connected with any group, but done a little research and had prepared a proposed change to the proposed amendment to the Master Plan He gave each Council member a copy of his proposed change which read as follows "The expansion of the Urban II Shoreline designation within Flounder Bay to include that portion of Flounder Bay not presently having a Shoreline designation to extend within 150 feet of the north and north-easterly Commercial Marine zone line The area to the north of this line to be designated Urban Residential and the balance to be designated Urban II " Copy was handed to the Secretary who gave it Council Exhibit No VI Mr Knowles said his reason for proposing such a change was a technical point having to do with each lot having a tideline area about 75 feet in front of each lot He also stated his sympathies lay with the presentation of Mr Arambaru For the benefit of the audience, Councilman Kiel had Mr Kinzel draw the line proposed by Mr Knowles on the view foil Mayor Figenshow then declared a 10-minute recess 362 July 21, 1980 - - - - -- - continued: Meeting resumed at 9:40 p.m. and Mr. Chapin again addressed the Council and stated that if they made a decision based on what 109 people wanted, that was one thing; but if the Council looked at the'facts, it was a whole different story. Mr. Chapin said this was one of those unusual cases where there are a lot of opinions, but not much in the way of substantiation. He said if property owners felt they had been made promises not kept, they should pursue it; but this is not an issue in the present problem. He presented brochures used by his clients in the sale of the Skyline property, which had been previously shown to the Planning Commission, for the record and Secretary numbered them Council Exhibit No. VII. Mr. Chapin said a·better solution for a buffer area would be to work out such an agreement when a specific proposal is presented rather than trying to come to a final decision tonight. Regarding open water; it is not a public tideland, it is a fallacy to believe that everything designated as residential would remain that. Regarding the University of Washington study, he asked Mr. John Norma, Hydraulic Engineer, to explain the relevance of that study. I John Norman, 4605 148th N.E., Bellevue, Washington, said the flushing of the bay is as described in the referenced study, but if floats are placed in a proper way in the bay and good planning considerations are met, the floats would not cause a change in the water quality. The surface of the water may have a slightly higher temperature, but not the water below. Mr. Ronald P. zeutschel, Marine Biologist, 17810 164th Avenue N.E., Woodinville, Washington, spoke on the water quality and said the study done at'the request of the State Dept. of Fisheries from March through October of 1978 was very conservative. The sampling of water was done in the key that was supposed to have the poorest flushing. The water quality in Flounder Bay was generally satisfactory; relative to Burrows Bay, the Flounder Bay waters are approximately 1.4 degrees Centigrade warmer and they contain appxoximately 1.4 milligrams per liter more dissolved oxygen. This indicates the water quality to be very good; the fish population in Flounder Bay relative to Burrows Bay is higher and better. Mr. Zeutschel concluded that if additional development is made in Flounder Bay and is done correctly, there should be no adverse effect on the water quality. He also said this Bay is one of the cleanest marina environments .he has ever visited. Mr. Chapin then talked about the parking allegations and referred to Mr. Pemberton's memorandum of July 17th in which.the staff stated existing streets and proposed streets would handle existing and future traffic created from an expansion. Mr. Chapin also discussed the counting of the traffic indicating it was done at the entrance to Skyline and included everything going in and out of the area over the period of days. He said noise and air pollution would be controlled by placement and design of the slips. Mr. Chapin concluded by stating that nothing said by the opponents to the zone designation . indicates that this area, properly designed, is not a good spot for moorage; that the zones have to adjoin one another; that buffer areas would come about at the right time and that that is the proper way to do it - to allow as much commercial moorage as makes sense and to make sure it is done in such a way as has minimum impact. I Sheldon Kochel again addressed the Council and said his information on the traffic count came from the Engineering Dept. of the City. Also the counter was placed where it counted vehicles traveling towards the marina. Mr. Chapin ag'reed that a total of all the daily totals amounted to approximately 7,000 vehicles. Orland Christensen brought to the Council the sales brochure· and aerial photo which, according to him, shows that the moorage. has already doubled. Lloyd Selene again addressed the Council and said he wanted to respond to the statement that additional moorages would only restrict the flow of surface water·. He has walked around the Bay and found oil containers and garbage which cannot be flushed out because ·of the restricted flow of the.water~ Leonard Newsham, 2001 Bradley Drive, said that 3 years ago he was instrumental in promoti'ng the dredging of the Bay. This was prior to the r'equest for increased moorages. He disagreed with Mr. Chapin's statement that people "on the hill" had no interest in whether or not there were more moorages because they all paid for the dredging and their assessments and he feels they do have a stake in i't. I 363 July 21, 1980 - - - - - - - - -continued Mr Claude Huffman, 5110 MacBeth Drive, addressed the Council stating there was one point which had not been brought up and that was the concern of the City about the ferry traffic parking on the roadways entering Skyline, the proposed extension of 32nd Street which will bring ferry traffic through Skyline and the proposed Kempthorn development at the intersection of Ferry Terminal Road and Oakes Avenue of of which will bring more traffic problems necessitating traffic lights, etc I Mr Arambrau then again pointed out that the Dept of Ecology stressed that a body of water with poor flushing action, as is Flounder Bay, should not be considered for long term and overnight moorage facilities, and again stressed that the parking problem is practically beyond help at the present time and must be considered in deciding the zoning decision Mayor Figenshow asked if Council had any questions Councilman Cleland asked if the appraised value of the land in the Bay was any different on one side or the other for taxes Mr Kinzel said he had no information in that regard Mr Cleland asked if anyone else might have and Mr Knowles replied he had researched the ownership of the bottom of the Bay in Mt Vernon approximately l~ years ago and it was his recollection that there was a nominal tax on the bottom of the Bay Mr Charles Welchko, 5604 Kingsway, addressed the Council stating that he now owns two lots on the 3rd Key and believes that the Commercial Marine zoning up to the residential lots would cause those lots to lose some of their value He talked to some realtors and 3 out of 4 of them felt it would have an adverse effect on the property values He feels the comments made by Mrs Lipsey were correct He also went to Mt Vernon and learned that Mr Davidson's taxes were low I George Wasilewski said he could show tax statements for Division 19 and to the center of the Bay of $5,413 00 Also, for Council's information, the study done by the Dept of Fisheries was done at his request through a Professor Woods who suggested the study be done to help support the fisheries criteria in building marinas within the State of Washington This is the only reason it was done, to determine what Flounder Bay had in comparison to others When the entrace to Flounder Bay was dredged, the hydraulic study was corrected and the flow study was submitted to the Planning Commission The study was before the fact at his request as the marina operator Mr Figenshow then stated that it appeared to him that a lot more information had been received than anticipated Mr Separovich commented about the fish only that fish need food and so we should not try to purify ourselves too much or we will be without fish Mr Figenshow said he would prefer to have more time to study the data received before making a decision Mr Rock said he felt the Council should try to finish the public hearing and, if more time is needed to study the information, a decision should be made later There were no further statements to be made under the public hearing process and Mayor Figenshow delcared the public hearing closed Motion to dealy action on this matter to the next Council meeting was made by Mr Separovich, seconded by Mr Kiel Vote Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich Motion carried I HEARING DATE ON PETITION FOR ANNEXATION Mr Olander briefly outlined a petition for annexation of 40 acres to the City of Anacortes which, according to law, should be considered at a public hearing within 60 days He recommended the date of September 15, 1980 and, in the interim, the Council request an informal recommendation from the Planning Commission on the matter Motion by Mr Rock, seconded by Mr Kiel, that September 15, 1980 be set as the public hearing date Under the question, Mr Kiel asked how the Planning Commission would proceed with consideration of this matter and Mr Olander said they would review the Environmental Impact Statement, what zone the annexed area would become, the Planned Unit Development proposed for the area,etc as well as a possible amendment to the zoning requirements This would be done through the public hearing process There was brief discussion about the proposed area of the annexation which is 5 acres presently inside the limits and 40 acres outside the City limits Vote on motion Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried 364 July 21, 1980 - - - - - - continued: ORDINANCE AMENDING 1980 BUDGET. Finance Director, George Khtaian, explained this was in order to approve accounting transactions already transpired concerning the City's paying monies to the LID 184 fund from the Arterial Street Fund. Permission to use this money was previously obtained from the State Dept. of Transportation. He reconunended passage of the ordinance authorizing the transfer of monies. Motion by Mr. Separovich, seconded by Mr. Rock, that the ordinance be adopted and given ORDINANCE NO. 1831. Vote: Ayes--Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. ORDINANCE AMENDING 1980 BUDGET Mr. Khtaian explained this amendment was necessary to transfer the City's cost of the oversizing under LID No. 189 from the water Capital Reserve Fund to the LID fund and (2) to transfer the City's costs exceeding the $10 per front foot maximum assessment on LID 192 from the Arterial Street Fund to the LID 192 fund. Mr. Mansfield read, by title, the proposed ordinance authorizing the transfer of funds. Motion by Mr. Cleland, seconded by Mr. Kiel, that the ordinance be adopted and given ORDINANCE NO. 1832. vote: Ayes--Moorei Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. I ORDINANCE SETTING FEES FOR APPLICATIONS FOR ZONE CHANGES, VACATIONS, PERMITS, ETC. Mr. Kinzel advised the Council that he had surveyed 20 communities in the state with populations close to that of Anacortes and had compared their average fees with the fees charged by Anacortes. He also did a cost analysis of time spent by City staff in processing applications for changes, approval of ·subdivisions and plats, etc, He also recommended the City charge inspection fees for water and other utility installations related to plats and subdivisions. He also reconunended adding a. fee for a Home Occupation permit which the City does not have at present, Mr. Mansfield then read, by title, an ordinance amending the fee schedule of the City. Motion by Mr. Separovich, seconded by Mr, Kiel, that the ordinance be passed and given ORDINANCE NO. 1833. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried, The Council then mentioned several study sessions and Mayor Figenshow session to discuss the application old Scott Paper company property. I August 4, 1980 Meeting was called to order at 7:30 p.m. by Mayor Figenshow. Reverend Tom Christoe of the Anacortes Christian Fellowship gave the invocation. Roll Call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. MINUTES OF PREVIOUS MEETIN~ Motion by Mr. Kiel, seconded by Mr. Rock, that the minutes of the previous meeting held on July 21, 1980 be approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. carried. CORRESPONDENCE City Manager, Bob Olander, did not have any correspondence to be read, but introduced Mr. Tim Boles who began his employment with the City of Anacortes as the Museum Director on August 4th, 1980. The council wished Mr. Boles well in his new position. CITIZEN HEARINGS There was no response to Mayor Figenshow's invitation for anyone in the. audience to speak on any i tern not on the agenda. OLD BUSINESS CONSIDERATION OF AMENDMENTS TO SHORELINE MASTER PLAN Mayor Figenshow asked Community Development Director, Ken Kinzel, to review the matter previously heard in public hearing before the Council on July 21st, 1980. Mr. Kinzel did so and showed three different view foils which indicated the proposals presented to the Council for designation of the area in Flounder Bay between the existing CM zone and Urban Residential referring to the three sets of "Findings of Fact and Conclusions" prepared by City Attorney Mansfield, regarding the proposed amendments to the Shoreline Master Plan. There was no controversy regarding any of the proposed amendments except the one relating to the use designation for Flounder Bay. For ease of reference, the three sets of Findings were labeled (1) Skyline Marina Proposal, (2) Save Flounder Bay Proposal, and (3) 150' Buffer Compromise. I 365 August 4, 1980 I - - - - - - - - continued The City staff and Planning Commission recommended Findings No 1 Attorney Mansfield reminded the Council they could modify any one of the sets as they saw fit Council asked various questions of Mr Kinzel concerning present regulations on private moorages and the limits imposed thereon, the tideland ownership, etc Mr Separovich then indicated he wished to ask a question of representatives of the two opposing factions and asked, "would you be happy with the 150-foot buffer zone proposed by Mr Knowles?" First to respond was Mr Bob Warfield, 143 Candlewyck Drive, Tacoma, Washington, who stated there was no simple way to answer, there was no set specific rule to follow to determine the width of "fairways" in marinas Mr Dick Chapin, 900 ONB Plaza, Bellevue, WA 98004, replied that he felt the 150 feet was more than would be required by the Coast Guard, but recognized the need for a buffer zone and so could live with it, though his clients certainly would prefer their own proposal Mr Jim Anderson, Attorney, 2102 10th Street, representing Mr Harold Mousel, replied that they certainly could not live with it because it would take away a substantial number of slips Mr Mousel would wish to develop on his property near the entrance to the Bay Mr George Wasilewski, Manager of Skyline Marina, also disagreed with the 150-foot proposal saying it was He felt the Urban II line should be next to the residential area more than needed and any development proposals should be considered and handled by the Planning Commission At this point, Mayor Figenshow expressed his belief that the distance should be 130 feet which is the entrance width at full tide Harold Mousel, 1395 Donel Road, then responded to Mr Separovich's question and said he had had a study done which indicated that the Port Districts in the State average only 75 feet and range from 65 feet to 175 feet He ob]ected to the 150 foot proposal Councilman Kiel then stated that this was a complex issue which arose because of an error in the City's Shoreline Master Plan, he said he believes the property owners have made a strong and reasonable case to protect their property he also believes it is important to recognize the authority the Council gave to the Planning Commission He then moved that the Urban II designation be expanded to the existing CM zone line and to adopt the Findings of Fact and Conclusions labeled as No 1, Staff's proposal Motion was seconded by Mr Moore for purposes of discussion only I There then followed additional discussion of the Planning Commission's authority in considering future development proposals, whether there would be future ob]ections and challenges to said decisions by property owners what guidelines the Planning Commission might follow in deciding widths of fairways, etc Councilman Moore then asked if there was anyone in the audience from the "Save Flounder Bay" group who would like to reply to the proposal of letting the Planning Commission be the deciding body in future proposals if the Urban II zone were expanded to meet the existing Commercial Marine zone Mr Sheldon Kochel, 5119 Doon Way, replied that his group would not be happy with it that they felt they should not have to fight each and every application in Flounder Bay and that 150 feet was not adequate Mayor Figenshow then called for the vote Ayes--Kiel No--Kribs, Separovich, Figenshow, Cleland, Moore, Rock Motion failed Mr Separovich then moved that the Council adopt the Findings of Fact and Conclusions labeled As No 3, except for Finding No 7 which should be amended to read "The designation of that portion of Flounder Bay lying Southerly of a line parallel to and 130 feet Southerly of the present boundary between the Commercial Marine and the Residential Low Density Zone, as Urban II and the designation of that portion of Flounder Bay lying Northerly of said line as Residential Low Density is consistent with the criteria and policies of the Anacortes Shoreline Master Program, the State Shoreline Management Act, and the Anacortes Comprehensive Plan " Motion was seconded by Mr Figenshow Vote Ayes--Separovich, Figenshow, Cleland, Moore No--Kiel, Rock, Kribs Motion carried Mr Mansfield was instructed to prepare an ordinance incorporating the amendments as stated in the Findings of Fact to the Anacortes Shoreline Master Plan for consideration at the next meeting Council thanked staff for their preparation of the information needed to consider this difficult problem I VACATION OF STREET RIGHTS-OF-WAY Manager Olander reviewed the petition from SnelsonAnvil var vacation of City dedicated and deeded streets on the old Scott Paper mill site After the Council public hearing on July 21, 1980, he was directed to negotiate for a 30-foot strip of land from "Q" Avenue to Fidalgo Bay along with other fair terms and considerations After a number of meetings, Snelson-Anvil agreed to a proposed contract which would (1) place a value of $66,306 on the streets requested 366 August 4, 1980 - - - - - - -Continued: to be vacated; (2) Snelson-Anvil would deed a 30-foot strip along the North boundary of their property from "Q" to the Bay and this land be valued at $33,990; (3) the City would receive the difference of $32,316; (4) Snelson-Anvil would pay for having the 16-inch water line re-routed, but could wait 3 years to do it; (4) if the City wishes it moved before 3 years, the City could do so and be reimbursed by Snelson-Anvil at the end of 3 years; (5) the City would pay for oversizing, if any, and all pressure stations and hydrants. Mr. Olander recommended the Council accept this proposed agreement and vacate the street rightsof-way. Attorney Mansfield read, by title, a proposed resolution directing execution of the Agreement. Motion by Mr. Kiel, seconded by Mr. Cleland, that the Resolution be adopted and given RESOLUTION NO. 618. Vote: Ayes--Figenshow Cleland, Kield, Moore; Rock, Kribs, Separovich. Motion carried. Mr. Mansfield then read, by title, an ordinance vacating portions of 17th Street between "Q" Avenue and "R" Avenue and between 17th Street and 20th Street. Motion by Mr. Separovich that this ordinance be passed and approved and given ORDINANCE NO. 1834. Vote: Ayes--cleland, Kiel, Moore, Rock, Kirbs, Separovich, Figenshow. Motion carried. I NEW BUSINESS SET DATE FOR PUBLIC HEARING TO CONSIDER CHANGING EXISTING SYSTEM OF AT-LARGE AND WARD REPRESENTATION After a short discussion, motion by Mr. Separovich, seconded by Mr. Rock, that the date of September 15, 1980 be set for a public hearing on this subject. Vote: Ayes--Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland .. Motion carried. PERMISSION TO CALL FOR BIDS ON WATER METERS Public works Director, David Ford, explained that in accordance with State law, the City was obliged to call for bids on their supply of water meters. Motion by Mr. Rock, seconded by Mr. Separovich, that permission be granted. Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. REQUEST FOR SEGREGATION OF ASSESSMENT UNDER LID NO. 178_ Attorney Mansfield explained that state law requires that the Council approve any request for segregation of an assessment under an LID. The instant case involves property between 13th and 14th Streets, between "C" and "D" Avenues and between "B" and "C" Avenues; a total of 20 lots, 10 in block 205 and 10 in block 236. These lots have been jointly owned by Mr. Jim Colley and Mr. William Wieland who had segregated the ownership and wish to segregate the LID assessments. Mr. Mansfield read, by title, a resolution authorizing the segregation of assessments under LID No. 178 as requested. Motion by Mr. Moore, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 619. Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. I Mr. Kiel then moved that a letter be written to the Arts and Crafts Foundation expressing the City's thanks for their fine work in the presentation of this years festival. Seconded by Mr. Moore. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. From the audience, Mr. Warfield asked if he might make a brief statement concerning the Shoreline Management/Flounder Bay matter and was given permission. He stated he wanted to express his appreciation for the spirit with which the Councfl consideFed the problem and their obvious care and concern. There being no further business to come before the Council, meeting adjourned at 8:50 p.m. Ida Rolph, August 18, 1980 Meeting called to order at 7:30 p.m. by Mayor Figenshow. Reverend V. John Bachman of Westminister United Presbyterian Church gave the invocation. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute. Figenshow, Charles Kiel, and Ken Moore. Tom Cleland was not present. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Moore, that the minutes of the previous meeting held on August 4, 1980 be approved as if read. Vote: Ayes--Kribs, Separovich, Figenshow, Kiel, Moore, Rock. Motion carried. CORRESPONDENCE City Manager, Robert Northern Railroad regarding the sale railroad lands in which the City had session will be scheduled to discuss Olander, read a letter from Burlingtonof their depot, located in Anacortes, and expressed an interest in the past. A study their proposal. I 367 August 18, 1980 - - - -continued CITIZEN HEARINGS There was no response to Mayor Figenshow's invitation for anyone in the audience to speak on any item not on the agenda OLD BUSINESS ORIDINANCE AMENDING SHORELINE MASTER PLAN Community Development Director, Ken Kinzel, briefly reviewed the recommendation amendments to the Shoreline Master Plan City Attorney, Stephen Mansfield, read the proposed ordinance Mr Separovich asked if this ordinance organized all of the original ordinances pertaining to the Shoreline Master Plan Mr Mansfield responded that that was correct Motion by Mr Separovich, seconded by Mr Moore, that the ordinance be adopted and given ORDINANCE NO 1835 Vote Ayes--Separovich, Figenshow, Kiel, Moore Nayes--Rock, Kribs Motion carried I SETTING OF HEARING DATE FOR FACILITIES IMPROVEMENT FEE ORDINANCE Sept 2, 1980 was set for the date of public hearing for facilities improvement fee ordinance Motion by Mr Kiel, seconded by Mr Moore, that the hearing date for Facilities Improvement Fee Ordinance be September 2, 1980 Vote Ayes--Figenshow, Kiel, 1 Moore, Rock, Kribs, Separovich Motion carried• SETTING OF HEARING DATE FOR STREET IMPROVEMENT ORDINANCE Motion by Mr Kiel, seconded by Mrs Kribs that the hearing date for consideration of the proposed Ayes-street improvement ordinance be set for September 2, 1980 Vote Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried I STREET USE AGREEMENT Director of Public Works, David Ford, briefly reviewed information concerning an application from Western Telecommunications for a conditional use permit to construct a microwave relay station on Morton Avenue in Anacortes to be in con]unction with the United States Coast Guard and a navigational radar station located at Shannon Point The Conditional Use Permit had been granted last year, and the Coast Guard now would like permission to bury the cable from the radar tower on Shannon Point to the relay transmitter building in the City street right-of-way City Attorney Mansfield recommended that the agreement be written up and signed by parties involved so that no misunderstanding would take place at a later date Mr Moore questioned what the surveillance system would do Mr Ford replied that it would monitor ship traffic in the Bellingham and Guemes Channels from Shannon Point to be transmitted to Morton station and then to a main station in Seattle He also pointed out that this would be a video transmission so that vessels could be identified not only by size but by name and number John Noyes, 2419 12th Street, Anacortes, pointed out that the whole Puget Sound area from the Straits of Juan de Fuca and to the Bellingham Channel would be protected by this radar system Mr Richard Dildine, 1211 6th St , Anacortes, wanted to know if the station would interfer with small aircraft in the area Mr Ford replied that it would not Motion by Mr Separovich, seconded by Mr Rock, that a Street Use Agreement be written up for Council's review and approval Vote Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Kiel Motion carried PUBLIC HEARING DATE FOR 6 YEAR STREET IMPROVEMENT PROGRAM Motion by Mr Separovich, seconded by Mrs Kribs, to set public hearing date for 6-Year Street Improvement Program for September 15, 1980 Vote Ayes--Rock, Kribs, Separovich, Figenshow, Kiel, Moore Motion carried I AWARD OF CONTRACT FOR FIXED ASSET APPRAISAL SERVICES TO MARSHALL & STEVENS Finance Director, George Khtaian, briefly explained to Council that the State Auditors had directed the city to develop a fixed asset and property control accounting system Three quotes for property appraisal and accounting services were received The Initial Appraisal Fee from Tait Appraisal was $20,490 00 with Annual ~a ntenance Sezvice at $4,000 00 The Initial Appraisal Fee from Marshall & Stevens was $24,700 00 with Annual Maintenance Service at $3,000 00 and the Initial Appraisal Fee from American Appraisal was $22,000 with Annual Maintenance Service at $3,000 00 Mr Khtaian explained that although Marshall & Stevens were slightly higher, their annual update fee was lower and the quality and completeness of their services was worth the extra cost Motion by Mr Kiel, seconded by Mr Separovich, that the award of contract for Fixed Asset Appraisal Services go to Marshall & Stevens Vote Ayes--Kribs, Separovich, Figenshow, Kiel, Moore, Rock Motion carried AUTHORIZATION OF CONTINUATION OF URBAN RENEWAL WARRANT Finance Director, George Khtaian, explained that this warrant was taken out in November of 1978 because two land sales in the Urban Renewal area had not been completed in time to1 close the Urban Renewal proJect with the federal government Inasmuch as the sales are still pending due to litigation brought by one of the purchasers (Mr Heath), this warrant must be renewed every six months until the litigation 368 August 18, 1980 - - - continued: is resolved and the land sales consumated. City Attorney Mansfield read, by title, the resolution. Motion by Mr. Rock, seconded by Mr. Kiel, to authorize continuation of Urban Renewal Warrant and adopt the proposed Resolution and give it RESOLUTION NO. 620. Vote: Ayes--Separovich, Figenshow, Kiel, Moore,· Kribs, Rock. Motion carried.· OTHER BUSINESS City Manager, Robert Olander, asked Council's feelings in regard to answering negative l~tters on City projects, i.e. striping of downtown intersections to meet State regulations, etc. Mr. Figenshow recommended that City 'staff deal personally with those who write such letters rather than contacting the newspapers with City letters. General feeling of the Council was in agreement with the Mayor. Mrs. Kribs reported to Council that she had received two complaints, one from Jim Bowlin, 1310 10th Street, and Mrs. Lynch of that same street, regarding the ditching and the need for more gravel along the newly paved roads. Mr. Ford explained to Council that any citizens who contacted his office had been informed that all the areas that have been paved have received the same type of work and that unless more monies become available, that no more gravel can be placed in that area. Council directed staff to continue to contact these citizens directly. I There being no further business to come before the Council, meeting adjourned at 8:50 p.m. pro tern September 22, 1980 Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Invocation was given by Pastor Gale O'Neil of the First Baptist Church. Roll Call found present: Bud Rock, Karolyne Kribs, Ray Separovic!i, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mrs. Kribs, that the minutes of the meeting held on August 18, 1980 be approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Feigneshow, Cleland, Kiel and Moore. Carried. CORRESPONDENCE I There was no correspondence to be read. CITIZEN HEARINGS There was no response to the Mayor's invitation for anyone in the audience to speak on any item not on the agenda. OLD BUSINESS There was no old business to be considered by the Council. NEW BUSINESS Mayor Figenshow read a Proclamation designating the week of Sept. 22nd through the 29th, 1980 as Rape Awareness Week in Anacortes. This is in line with a national program to encourage all citizens to be aware of services available and to educate the public on facts surrounding sexual assault; that it hurts the public as a whole and something can be done about it. Motion by Mr Separovich, seconded by Mr. Kiel, that the Council confirm the Proclamation. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Carried. PUBLIC HEARING ON PARK COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS Parks Director, Steve Colby, reviewed the circumstances and requirements of the Interagency Committee for Outdoor Recreation of the State of Washington which brought about the meetings and sessions of the City Park & Recreation Commission to formulate an updated capital improvement program. This program was developed as follows: Washingtin Park Improvements for Floats and.Pilings, Smiley's Bottom Field Project, Street End Water View Parks, Guemes Channe'l Recreation Corridor, Guemes Ferry Landing Park, Causland Park Addition. Mr. Colby requested Council approval of the program so it could be forwarded to the IAC as they requested. There were several questions asked by Council concerning whether or not the priorities could be changed, or the whole program changed, additions or deletions made. It was generally stated that any of these changes could be made through proper procedures; the program was very flexible. Mr. Ralph Edwards, Chairman of the Parks and Recreation Advisory Commission, stated.that acutally the IAC was primarily concerned at the present time with only the project for which the City has already made application for funding - the Washington Park improvments. There were no further· comments from the audience and Mr. Figenshow declared the public hearing to be closed. I 369 September 2, 1980 - - - - - - - - - - - -continued Motion by Mr Separovich, seconded by Mr Rock, that the Park Comprehensive Capital Improvements Program be approved as presented and forwarded to the IAC Vote Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs Carried I PUBLIC HEARING ON PROPOSED ORDINANCE FOR FACILITIES IMPROVEMENT FEE (SYSTEMS DEVELOPMENT CHARGE) Mayor Figenshow stated this public hearing would follow the same procedure as the previous hearing and declared the public hearing to be open City Manager, Robert Olander, reviewed the background development of the proposed ordinance which would require a fee or tax on new construction for the purpose of raising revenue to pay for certain capital improvements needed to service the new growth There followed extensive discussion on the pros and cons of such an ordinance Pros included normal tax revenues do notcover capital improvements and existing residents should not have to pay for improvements that do not benefit them - examples stop lights, storm drain systems, widening of roads, new fire stations, utility line oversizing, all due to new development Cons included that such fees would increase home costs and prohibits many people from affording new homes From the audience, Mr Dan Mitzel, 1475 Channel Drive, LaConner, addressed the Council stating he was a builder/contractor and was active in Skagit County It was his opinion that such a charge would only add to the accelerating costs of building He asked the Council to look long and hard at this move before making a final decision, he also mentioned mobile homes and factory-built homes Mr Bob Ford, 4305 "A" Avenue, Anacortes, informed the Council he had invited Mr Mitzel to the meeting to express the feelings of the builders Mr W Prange, 1501 4lst, Anacortes, addressed the Council and said that in the past few years there has been a 25% drop in number of children in Anacortes schools, every house that is built generates approximately $500 a year in taxes, in his opinion, Anacortes is becoming a community of older people who are retirees and need housing He emphatically stated that if the Council voted to pass the proposed ordinance, it would be counter-productive and would further discourage young people who do not have the money to build with ever-increasing fees and taxes I Mayor Figenshow called for comments from the Council Mrs Kribs stated she did not understand the exemptions They were explained to her by Mr Olander After some additional discussion, Mr Mitzel again addressed the Council and said he felt that both the Planning Commission and Council could require developers, at the timeof preliminary plat approval, to construct and provide the proper improvements There followed considerable discussion among the Council members resulting in a motion by Mr Separovich, seconded by Mr Moore, that the public hearing be continued to the Council study session of September 22nd, 1980 Vote Ayes-Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich, Motion carroed PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT ORDINANCE Mayor Figenshow declared a public hearing to be open to consider a proposed ordinance which would require improvements similar to thorse required in newly platted areas in the old, already-platted areas of the City which have never been developed Manager Olander presented the background and reasons for proposing this ordinance and said that though he agreed with the concept, he felt the ordinance as presented was still not quite right, that certain sections were ambiguous and should be clarified There was no one from the audience who wished to speak on this proposed ordinance The Council then discussed several aspects of the ordinance and agreed it needed more work Motion by Mr Rock, seconded by Mr separovich, that the public hearing be continued to the meeting of September 15, 1980 with disucssion at the next study session on September 8th Vote Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried I SALE OF BONDS ON LID NO 189 and LID NO 192 Finance Director, George Khtaian, briefly reviewed the background leading to the proposed negotiated sale of these LID Bonds to the firm of Foster and Marshall After the 30-day pre-payment period on each LID, the amount left for sale was LID 189 $73,589 40 and LID 192 $193,505 25 Ordinance No 1826 fixed the interest on LID 189 at 10% per annum Ordinance No 1827 fixed the interest on LID 192 at 9-3/4% Mr Dave Landes, of the firm of Foster and Marshall, then addressed the Council and presented his firm's offer to purchase the bonds at a rate of 9-7/8% on the LID 189 bonds _ and 9-3/4% on the LID 192 bonds Mr Olander asked Mr Khtaian if these rates were within the realm of rates which would have been received at public bids and Mr Khtaian said they were He said he had checked with other brokers and various other sources to confirm this Councilman Moore stated he did not understand the reasoning behind a negotiated sale and the methods used to determine 370 September 2, 1980 - - - - - - -- continued the interest rates Manager Olander reviewed the process and explained how LID bonds differed from other governmental bonds and how the interest rate is set in the LID ordinances before the bonds are sold Mr Landes elaborated further on the methods and statistics used to determine the interest rate in an offer Motion by Mr Kiel, seconded by Mr Separovich, that the sale of the bonds on LID No 189 and LID No 192 be approved and the offer of Foster and Marshall of 7-78% and 9-3/4% respectively, be accepted Vote Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried AWARD OF BID ON POLICE CAR Police Captain Dave Mead presented a bid from Trulson Motors in the amount of $6,808 20 stating it was the only bid received in response to a call for bid on a police vehicle Permission to call for bid was received because efforts to lease a 1980 Malibu could not be consumated Council were furnished complete details on the leasing efforts There followed considerable questions concerning the reasons for proposing the purchase of a station wagon instead of a sedan, the year of the new vehicle, the department's need for the vehicle, manner of paying for it, cost of additional equipment, etc , all of which was answered by Captain Mead Motion was made by Mr Separovich that the Police Department wait for the 1981 models Seconded by Mr Rock Under the question, Mr Moore brought out that no one had any knowledge about what a 1981 model would cost, where it would be available, etc and said he was of the opinion the motion was not proper Mr Rock withdrew his second to the motion After further discussion, Mr Separovich moved that the request for award of bid be denied Seconded by Mrs Kribs Under the question, Mr Moore asked what effect this would have on the Police Department's function Mr Mead answered the department would have to continue on as they have without a vehicle Here, Mr Olander interJected that he had previously discussed the matter with both the Chief of Police and Mr Mead and felt that they had already weighed the question of the choice of taking a 1979 model now or waiting for the 1981 models against the inconvenience or disability of not having a car and he had accepted their decision Vote Ayes--Rock, Kribs, Separovich, Figenshow No--Moore, Cleland, Kiel Motion carried RESOLUTION AUTHORIZING CONTRACT WITH SKAGIT COUNCIL OF GOVERNMENTS Mr Olander stated this proposed contract was the result of the City's opportunity to participate in the Coastal Zone Management program which provides funding for the administration of the City's Shoreline Master Plan and Shoreline Permits Funds come from the Dept of Ecology through the Skagit Council of Governments who makes the applications on behalf of communities having shoreline master programs in Skagit County Funding level for 1981 is almost exactly the same as for 1980 and is 80% Federal funds and 20% Local share making $9,132 to be received and $2,283 from the City A proposed resolution authorizing execution of the contract with the Skagit Council of Governments was read by City Attorney Stephen Mansfield Motion by Mr Separovich, seconded by Mr Cleland, that the resolution be adopted and given RESOLUTION NO 621 Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried I I AWARD OF BID ON WATER METERS Public Works Director, Dave Ford, advised the Council that as a result of call for bids in August on 100 - 5/8" X 3/4" water meters, the City received bids as follows Western Utilities Supply Co of Seattle - $3,183 22 (incl tax) Water Metrics Co , Inc of Portland $3,238 20 (incl tax ) Pacific Water Works Supply Co , Inc of Seattle, $3,801 33 (incl tax) Mr Ford recommended acceptance of the low bid of $33 73 p34 meter less the $3 50 trade-in for used meters, from western Utilities Supply Company Motion by Mr Separovich, seconded by Mrs Kribs, that the bid be awarded to western Utilities Supply Company as recommended Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried Manager Finance was set a short meeting Suggested quarterly meetings between the Finance Dept and the Council Committee to review the City's financial condition First meeting for Sept 5, 1980 at 3 00 p m Mayor asked the Council to remain for executive session to discuss employee relations and adJourned the at 10 15 p m I 371 September 15, 1980 Meeting called to order at 7 30 p m by Mayor Knute Figenshow Roll call found present Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel, Kenneth Moore MINUTES OF PREVIOUS MEETING Motion by Mr Kiel, seconded by Mrs Kribs, that the minutes of the previous meeting held on September 2, 1980 be approved as if read Vote Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore Motion carried I CORRESPONDENCE City Manager, Robert Olander, read a letter received from the Anacortes Business Conununity asking permission to allow Anacortes children to set up lemonade stands and sell lemonade as part of their sales promotion on September 26th and 27th After brief discussion, motion by Mr Cleland, seconded by Mr Separovich, that the Anacortes Business Conununity be allowed to have kids sell lemonade on Saturday, the 27th, only Vote Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock Motion carried CITIZEN HEARINGS Mayor Figenshow asked if anyone in the audience wished to speak on any item not on the agenda There was no one Mayor Figenshow then urged al cit-zens to vote in the Primary Election on Sept 16,1980 I I OLD BUSINESS PUBLIC HEARING ON SYSTEM OF COUNCIL ELECTION Mayor Figenshow briefly reviewed the procedure for a public hearing and declared a public hearing to be open to consider changing the present system of electing 3 Council members from Wards and 4 members At-Large Mr Olander reviewed the background of the city's system and summarized the pros and cons of making changes There were several systems to consider, one being where the 4 At-Large positions be retained, but the 3 Ward seats be elected at both the primary and general elections, which was discussed by the Council Mayor Figenshow read a letter from Willard and Bernice Evans indicating they favored the present ward system From the audience, June Betts, 5514 Sunset Avenue, addressed the Council and stated she believed all the Councilmen were interested in the problems of the whole City and not Just those pertaining to their specific wards however, she felt the ward system should be retained Mr Pres Holton, 2320 11th Street, addressed the Council and said he would like to see the old system of 2 councilmen from each of 3 wards and 1 at-large who were elected by the people of the ward and also in the general election Mayor Figenshow called for comments from the Council and Mr Rock said he felt the system proposed of retaining the 4 at-large positions and the 3 ward positions elected at both elections would be the best of both systems Mr Cleland couldn't see where this would be an improvement, Mr Separovich said the Council was seeking a cross-section representation and he feels the ward system does this, but candidates should be voted on by the whole City Mr Moore felt this would restrict the number of candidates wishing to run for a position Mr Figenshow said he felt the passage of the Public Disclosure Law lessened the number of people who will avail themselves of running for office It was pointed out that the County Auditor's office keeps track of the population growth in each precinct which alerts the City to change boundary lines of wards when necessary Mayor Figenshow then declared the public hearing closed, and recommended that until additional study was made, no vote be taken Mr separovich said he felt there should be more people involved in deciding whether or not the system should be changed Mr Figenshow asked for the wishes of the Council Motion by Mr Separovich that the wards remain with candidates being elected in both the primary and general elections to insure cross-section representation on the Council Seconded by Mrs Kribs Under the question, from the audience carol Hove, 516 "O" Avenue, asked if this matter could not be voted on by the whole City Members of the Council asked the City Manager if the question could not be entered into the general survey which is being prepared to forward to the general public Mr Olander said he anticipated sending it out in about another month, but it primarily was to deal with City services and felt the question concerning the ward system would be difficult to explain in one short question Mayor Figenshow called for the vote on the motion Ayes--Rock, Kribs, separovich No-Figenshow, Cleland, Kiel, Moore Motion failed PUBLIC HEARING ON STREET IMPROVEMENT ORDINANCE Mayor Figenshow declared a public hearing continued on a proposed ordinance which would require improvements similar to those required in newly platted areas in the old, alreadyplatted areas of the City which have never been developed Council, at the opening of the public hearing on September 2, 1980, requested section 2B be 372 \ September 15, 1980 - continued - - - clarified Manager Olander elaborated stating the present subdivision code does not cover a large part of town This would allow a developer to make improvements without installing paved streets, storm drains, etc The instant ordinance is designed to cover that problem and will require a developer to make such improvements The difficult part of drafting the ordinance was in considering the individual lot owner This was solved in the ordinance by stating that in those particular cases where there are one or two lots involved, the owner would get permission to build without such improvements providing he agrees to an LID in the future for such imprqvements After some discussion, Dick Dildine, 1211 6th Street, addressed the Council and asked how this ordinance would effect the developer who builds one house at a time, sells it and then builds another He was informed that anyone owning more than 1 or 2 lots would be prohibited from so doing Mr Pres Holton, 2320 11th, said he would like to again ask the Council to enact an ordinance which would have more control over the development of the City and not allow a hodgepodge of plats with a variety of street widths, designs, etc which do not blend together This was well received by the Council and Mr Moore said he felt the Council should pursue Mr Holton's suggestion further Mayor Figenshow declared the public hearing closed I City Attorney Mansfield the read, by title, the proposed ordinance Motion by Mr Kiel, seconded by Mr Separovich, that the ordinance be passed and given ORDINANCE NO 1836 Vote Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow Motion carried RESOLUTION ADOPTING REVISED PARK COMPREHENSIVE PLAN The changed Park Comprehensive Plan was reviewed and discussed at the Council public hearing on September 2, 1980 At that time, Council directed a Resolution be drafted for approval Proposed resolution was read, by title, by Attorney Mansfield Motion by Mr Separovich, seconded by Mr Rock, that the Resolution be adopted and given RESOLUTION NO 622 Under the question, Mr Olander briefly reviewed the proJects outlined in the Park Comprehensive Plan being approved Vote Ayes--Kiel, Moore, Rock, Kribs separovich, Figenshow, Cleland, Motion carried PUBLIC HEARING ON CEDAR GROVE ANNEXATION PROPOSAL Mr Olander explained that in order to comply with the regulations requiring the setting of a public hearing within 60 days of receipt of a petition for annexation, the public hearing on this matter had been scheduled for September 15, 1980 However, the matter had not yet been considered by the Planning Committee and, therefore, could not be heard by the Council He recommended the public hearing date be postponed to October 6, 1980 Motion by Mr Rock, seconded by Mr Kiel, that the public hearing on the proposed annexation be postponed to October 6, 1980 Vote Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel Motion carried NEW BUSINESS PUBLIC HEARING ON SIX-YEAR STREET PLAN Mayor Figenshow declared a public hearing to be open to consider an up-dated Six-Year Street Improvement Plan Mr Jim Pemberton, Engineering Supervisor, briefly reviewed the proJects listed in the Six-Year Transportation Improvement Program which is required to be updated annually under State law and filed with the Secretary of Transportation Mr Pemberton pointed out that it is important to remember that any proJects the City May be considering must be included in this Program before any funding can be applied for He stated this years program is similar to last years with the exception that "R" Avenue from 34th to 22nd has been added to provide for a maintenance overlay and a proposed traffic signal for 22nd and Commercial has also been added There followed discussion of the various proJects and Mayor Figenshow asked for comments from the audience Dick Dildine, 1211 6th, suggested incorporating a proJect which would connect possibly West 2nd or West 3rd with the encircling road around the new development of Clearidge in the west end of Anacortes This idea was well received Mr Warren Heglin, 1311 32nd Street, addressed the Council and said he was the owner of several lots on 32nd Street He wished to know what effect the 32nd Street proJect would have on the property owners in his area Mr Heglin was advised that at the present time, the City has not yet begun the preliminary engineering studies to learn JUSt what will be necessary to carry out the proJect as proposed -- how much right-of-way, costs, etc -- although the City has received approximately $40,000 from the Federal Aid MaJor for these preliminary engineering studies Until these studies have been completed, the City will not be able to answer the property owners' questions There was additional discussion with the Council and then Mr Francis Orr, 1617 32nd Street, addressed the Council He believes the improvement of 32nd Street as presently proposed would be a mistake He pointed out on the view foil map his suggestion that the west end accrss road should go I I 373 September 15, 1980 - - - - - -- - - -- - - -continued directly west from the state highway entrance into Anacortes. According to Mr. Orr, there would be far less disruption of residences, an easier construction, etc., if the roadway were built directly west to "D" Avenue and made wide enough to allow for future growth. There was additional discussion about the priorities, funding, whether or not the plan could be changed. Also, the Council siad they would like to hear a presentation relative to Mr. Orr's idea. I I Motion by Mr. Rock,' seconded by Mr. Separovich, that the public hearing be continued to the meeting of October 6, 1980. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. AWARD OF BID ON TELEMETRY AND INSTRUMENTATION MAINTENANCE CONTRACT Public Works OperationsSlpt., Mike Foster, advised that pursuant to call for bids on the maintenance contract for the telemetry and instrumentation at the Water Treatment Plan and Wastewater treatment plant, only one bid was received from Automation Services, Inc. of Bothell, WA., in the amount of $6,700 plus tax of $335. Mr. Foster said this bid ~et all specifications and recorrnnended it be accepted. If the firm does not live up to expectations, the contract can be cancelled on 30-day notice. Motion by Mr. Separovich, seconded by Mrs. Kribs, that the contract be awarded to Automation Services, Inc. as recorrnnended. Vote: Ayes-~Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. AMENDMENT TO PERSONNEL CLASSIFICATION PLAN Personnel Director, Ken Kinzel, explained that this item was brought about by agreement with Local No. 347 of the AFSCME during union contract negotiations for 1980 that the City would review the unit classifications for personnel to assure that they were all appropriate according to their inter-relationships. Specifically, the classification of concern was the Maintenance worker-Entry Level. This classification was reviewed and compared to job descriptions contained in the 1980 Salary Survey conducted by the Association of Washington Cities and also discussed with the firm of Donworth and Taylor, who designed the City's classification plan. It was recorrunended that this particular level position be graded 1 grade higher. Mr. Kinzel informed the Council that only 2 employees in this position would be effected as all other employees in this grade are already either beyond the merit level or subject only to merit increases. Mr. Mansfield then read, by title, a resolution authorizing an amendment to the Labor Agreement with Local 347, AFSCME, and attaching said Agreement which changed the grade level of Maintenance Worker-Entry Level to salary grade 10. Motion by Mr. Kiel, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 623. Mr. More questioned the union's position on this change and was advised it would not be effective unless the union concurred. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Mr. Olander asked all Council members who wished to attend an all-day conference session in Mount Vernon on October 17th, being sponsored by the Association of Washington Cities, to let him know so he can make the reservations. Several of the Council expressed their desire to attend. Mr. separovich corrnnented that it was too bad that the City of Anacortes did not get the new cold storage plant which is, according to the news media, planning to be opened in Mount Vernon. Mayor Figenshow asked the Council to remain for an executive session to discuss salary administration. further business to come before\the Council, mee~ourned I %{.~~ October 6, 1980 Meeting called to order at 7:30 p.m. by Mayor Figenshow. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Charles Kiel. Ken Moore and Tom Cleland entered shortly thereafter. MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel, that the minutes of the previous meeting held on September 15, 1980 be approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Clelamd, Kiel, Moore. Motion carried. October 6, 1980 - -continued: CORRESPONDENCE Manager Olander read a letter from the Navy League asking that the week of October 9th through October 15th be named as Navy Week. CITIZEN HEARINGS Mayor Figenshow invited anyone in the audience who wished to speak on any item not on the agenda to address the Council. Mr. Robert Edwards, Construction Superintendent, stated that his company intended to comply with the City directive to remove the construction trailers from the site of the project at the Guemes Ferry terminal, but that they did not appreciate the manner in which they were notified; that it was extremely short notice and that they would need an extension of time in which to do so as they had inquired at all available facilities and had not yet been able to find a suitable location. Mayor Figenshow asked the City Manager to recap the situation for the benefit of the audience and Mr. Olander stated that when the project first began, the City had received complaints about building materials and trailers blocking the view of neighborhood residents; that Manson had been very cooperative and had re-located the materials, etc. Just recently, a citizen complaint brought to the attention of the City that some trailers had been located in a lower area. This was a formal complaint and necessitated the City giving notice to remove them to Manson. The Council agreed to give the construction company additional time to remove the trailers to a suitable location and Councilman Moore commented it upset him to learn the company felt they were badly treated and he hoped the matter could be amicably resolved. OLD BUSINESS CONTINUATION OF PUBLIC HEARING ON 6-YEAR STREET PLAN Mayor Figenshow declared a public hearing to be open and Public Works Director, Dave Ford, reviewed the purpose of the plan stating it was required annually under state law to be filed with the Secretary of Transportation. After the meeting of September 15th, staff had included the upgrading of the intersection of Hillcrest and Whistle Lake Road to the list of projects. Mr. Ford then pointed out on a large map the various projects which are listed in the Plan and said the proposition of possibly connecting West 2nd or West 3rd with Clearidge Addition would not be feasible. The only road out that way which could possibly be extended would be West 4th, then possibly tieing into Oakes Avenue is a safe location could be found. Mr. Ford then answered several questions put to him by members of the audience concerning the proposed extension of 32nd Street to the west end of Anacortes. He reiterated that no specific figures on street widths, right-of-way, etc. could be given until preliminary engineering studies were completed. Citizens objecting to the proposed 32nd Street extension included Virgil Cole, 1620 32nd; Francis Orr, 1617 32nd; Richard Dildine, 1211 6th, etc. Mr. Pres Holton was in favor of widening the City's arterial streets; he said there was a lot of opposition to putting "D" Avenue through, but now certainly not many people would like to see it eliminated. He believes that 15th Street is the ideal location for a west end road and that there should be an 80-foot right-of-way with 40-feet pavement for safety. Mr. Ford said the City was trying to improve the City's arterial streets that everyone uses where they can get from one place to another with the fewest stops. Councilman Kiel said he felt the City should be concerned about not (unintentionally) creating heavy traffic through a residential area and should look at long term traffic flow in the City. It was brought out that the proposed extension of 32nd Street has been on the City's Six-Year Street Plan since 1971 and even if the City only wanted to overlay and improve 32nd Street, it would still have to be on the Plan before any funding could be granted. Mr. Dildine commented the Council should include in the plan a resolution that any further developments would have to accomodate a west end access road; he offered to show the Council some aerial slides which might aid in determining a better possible west end route. Mr. Rock reminded the Council that they could add or delete from the 6-Year Street Plan at any time by resolution and felt they should explore all possibilities, but did not feel it could be done in just a short period of time. He would like to see the route suggested by Mr. Dildine on the Plan. After additional discussion, motion by Mr. Separovich, seconded by Mr. Moore, that the matter be discussed at a study session three weeks hence and the public hearing continued to the meeting of November 3,1980 Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. PUBLIC HEARING ON PETITION FOR ANNEXATION On the matter of a petition for annexation of property proposed for mobile home park named "Cedar Grove", motion by Mr. Rock to continue the public hearing to November 3, 1980 because the Planning Commission had not yet made their recommendation. Seconded by Mr. Separovich. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. I I I October 6, 1980 - - - - - - - - -continued: I I 375 NEW BUSINESS - REQUEST TO PURCHASE RAILROAD DEPOT PROPERTY Manager Olander advised that the parcel of property proposed to be purchased from the Burlington-Northern Railway was 60 feet X 680 feet; that the Railway had offered to sell it for $70,000. The City's appraisal was slightly higher than that. He recommended funding the purchase with a loan from a City fund with surplus funds, at a reasonable interest rate, with repayment over a period of years from the City's Property Acquisition Fund. It was his recommendation that the Council authorize purchase of the property. After a brief discussion, Attorney Mansfield read a proposed resolution authorizing the purchase as described. Mr. Mansfield reminded the Council that this acceptance acted only as an earnest money agreement and final purchase documents would come later. Motion by Mrs. Kribs, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 624. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. PUBLIC HEARING ON PETITION FOR ALLEY VACATION Mayor Figenshow declared a public hearing to be open to consider a petition from the Washington Federal Savings and Loan for vacation of a partial alley. Mr. Ken Kinzel, Community Development Director, reviewed the petition stating it was presented by Washington Federal and also Mr. Harold Trulson, owner of the property on the opposite side of the alley from Washington Federal's property. The partial alley involved is located between Commercial Avenue and "Q" Avenue and 10th and 11th Streets. It is not a through alley, no utilities are located in it and it is not related in any manner to the City's street or service plan. There were no objections by City staff. Mr. Kinzel also advised that the Planning Commission considered the petition at their meeting of September 24 1980 and recommended that the Council grant the vacation. There was no comment from the proponent. Councilman Moore asked for additional explanation on the manner of determining the value of the land and he was informed it was according to state law - the land is appraised and then the applicants pay the City one-half the appraised value. It was brought out that in any application for vacation, 2/3 of the abutting property owners must join in the vacation petition. From the audience, Richard Dildine, 1211 6th, asked the purpose of the vacation and whether it would be of any benefit to the public. Mr. Figenshow indicated he did not see the purpose; Mr. Kiel asked if it was in place of the encroachment agreement previously asked for and granted by Council. Mr. Separovich said he was under the impression the purpose was for additional praking and to allow utilization of the land without having to spread over.: a whole block; that the benefit to the public will be a new bank building. The Council was reminded that this vacation was part of the original plan presented by Washington Federal when they applied for the encroachment agreement. Joanie Sattler, Assistant Manager of Washington Federal, addressed the Council and reiterated that their plans were to purchase the other half of the alley from Mr. Trulson and use it for traffic access if the vacation is granted. Mr. Ford said he believed the plans showed this particular alley would be for a drive-in window for the bank. Attorney Mansfield further explained the underlying meanings of vacating a dedicated right-of-way and how the state law came about. Mr. Dildine remarked this explanation further supported his contention that right-of-ways were valuable to the public and the public should be advisee what a developer whished to do with the land. Mr. Moore agreed. After further discussion, Mayor Figenshow declared the public hearing to be closed. Motion by Mr. Separovich, seconded by Mrs. Kribs, that the peition for vacation be granted and an ordinance prepared for Council consideration. Vote: AyesCleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion carried. I ORDINANCE SETTING 1981 PROPERTY TAX LEVY Mr. Olander reviewed the City's obligation to certify the assessed valuation placed on property to be taxed within the City limits by the Skagit County Auditor's office. He explained the 106% tax law which limits the amount per thousand dollars valuation that the City of Anacortes collects. The City is also obligated to levy 22~¢ per thousand for the Firemen's Pension Fund and a very small amount for new construction. This constitutes the basic regular levy. The only item coming under the excess levy is the outstanding 1977 General Obligation Bond issue at $165,625. The total tax levy for 1981 is $774,082.00. Attorney Mansfield then read, by title, an ordinance levying the tax upon real and personal property within the City for municipal purposes for the year 1981. Motion by Mr. Cleland, seconded by Mr. Kiel, that the ordinance be apssed and given ORDINANCE NO. 1837. Vote: Ayes--Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Motion carried. October 6, 1980 - - - - - - - -continued: HEARING DATE FOR ANNEXATION PETITION ON WEAVERLING SPIT Mr. Olander pointed out that in order to comply with the law, a public hearing date must be set within 60 days of receipt of a petition for annexation. He recommended a date be set and then the matter referred to the Planning Commission for an informal recommendation. Motion by Mr. Kiel, seconded by Mr. Separovich, that a hearing date be set for December 1, 1980. Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. ORDINANCE AUTHORIZING ISSUANCE OF BONDS ON LID NO. 189 Finance Director, George Khtaian, addressed the Council and stated this proposed ordinance is the final "housekeeping" ordinance necessary to issue the bonds previously authorized by the Council on this LID. Final signing is set for October 16, 1980. Proposed ordinance was read, by title, by Mr. Mansfield which provided for the issuance of bonds for LID No. 189 in the total principal sum of $73,589.40. Motion by Mr. Kiel, seconded by Mr. Rock, that the Ordinance be passed and given ORDINANCE NO. 1838. Vote: Ayes--Rock, Kribs, Separovich, Figneshow, Cleland, Kiel, Moore. Motion carried. I ORDINANCE AUTHORIZING ISSUANCE OF BONDS ON LID NO. 192 Mr. Khtaian described this proposed ordinance as being in the same category as the one passed on LID 189. Mr. Mansfield read, by title, the proposed ordinance authorizing the issuance of bonds of LID 192 in the total principal sum of $193,505.25. Motion by Mr. Separovich, seconded by Mr. Cleland, that the ordinance be passed and given ORDINANCE NO. 1839. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. PERMISSION TO EXTEND WATER CONTRACT WITH SHELL OIL COMPANY Mayor Figenshow exused himself from the meeting and relinquished his Chair to Vice Mayor, Ray Separovich, to avoid any conflict of interest in this matter. Mr. Separovich asked if there was any discussion and Mr. Moore asked if this extension was automatic. Mr. Olander explained that Shell Oil Company had an option in their contract to extend the basic contract for another ten year period; that they were merely exercising this option; the City has no choice in the matter as it was part of the agreement made 25 years ago. There was some discussion of the yearly and five-yearly rate adjustment negotiations which are also part of the contract. Mr. Mansfield then read, by title, a resolution authorizing the extension of the basic contract. Motion by Mr. Kiel, seconded by Mr. Rock, that the water contract with Shell Oil Company be extended for another 10 years and the resolution be adopted and given RESOLUTION NO. 625. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Mayor Figenshow was then called back into the meeting and resumed his Chair. I REQUEST TO EXECUTE CONTRACT ON NEW COPY MACHINE Manager Robert Olander briefly outlined the significant cost savings to the City by changing from the Xerox copier to the Savin which information had been given in detail to the Council at a study session. Mr. Mansfield read, by title, a resolution authorizing the execution of an agreement between the City and Savin Corporation for the purchase of a Savin 880 Copier. Motion by Mr. Separovich, seconded by Mr. Rock that the resolution be adopted and given RESOLUTION NO. 626. Under discussion, for the record, Mr. Olander pointed out that the purchase is under the State contract and thus, no bidding was necessary. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion Carried. Mayor Figenshow referred back to the letter from the Navy League and suggested the City make the proclamation as requested. Motion by Mr. Kiel, seconded by Mr. separovich that the week of October 9th thru 15th be proclaimed "Navy Week". Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Carried. Mayor Figenshow asked the Council to stay after meeting for an Executive Session to discuss labor negotiations and property sales. Councilwoman Kribs asked for additional information concerning the letter to the Council regarding crosswalks in the City and there followed considerable discussion concerning the pros and cons of having crosswalks. Inasmuch as it has become City policy not to have crosswalks at uncontrolled intersections, it was suggested an article be put in the next City newsletter explaining the City's position to the general public. Regarding the naming of a committee to do further study on the matter of a facilities fee ordinance, Mayor Figenshow suggested the following people: James Rice, Ron Gold, Otis Piburn, Ken Kinzel, Karolyne Kribs, Ray Separovich. I 377 October 6, 1980 - - - - - - -continued: Motion by Mr. Rock, seconded by Mr. Cleland that these people be named to the committee to study the various options and come back to Council with a recommendation. Under discussion, Mr. Cleland suggested that possibly a member of the business community should also be named. This was generally agreed to and Mayor Figenshow asked Chamber of Commerce Manager, Maria Petrish, to suggest a possible member. Mrs. Petrish agreed to do so. Mr. Rock withdrew his motion. There being no further busin-ss to come before the Council, meeting adjourned to an executive session at 10:00 p.m. I October 20, 1980 Meeting called to order at 7:30 p.m. by Mayor Figenshow. Invocation was given by Lt. Michael Walsh of the Salvation Army. Roll call found present: Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. Bud Rock was absent. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Separovich that the minutes of the prevoius meeting held on October 6, 1980 be approved as if read. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. I I CORRESPONDENCE City Manager, Robert Olander, read a letter from Mr. Brion Toss in which he requested a conditional use permit to use the loft of the former St. Mary's Church on 7th and "N" Avenue to make boat sails until another location became available. Mr. Olander then read his proposed reply letter advising Mr. Toss that to do so would be illegal because the zoning at said location is Residential-Medium and such use is not permitted even under a temporary conditional use permit. Mr. Olander further advised that Mr. Toss could apply for a zone change or an amendment to the zoning code. Council agreed with the letter to Mr. Toss. Councilman Separovich then read a letter he had received from Mr. John Martinis of the Legislative Transportation Committee advising the State Dept. of Transportation had recognized the need for a traffic signal at 22nd and Commercial and that it had been put in their budget for installation in 1982. CITIZEN HEARINGS In response to the Mayor's invitation to anyone in the audience to speak on any item not on ghe agenda, Mr. Pres Holton, 2320 11th St., addressed the Council and said he felt the political signs posted in the right-of-way along 12th Street should not be allowed. Mr. Bob Pickett, 3rd and "O" Avenue, addressed the Council and spoke on behalf of Brion Toss' request to use the loft in the former church building. He asked the Council to re-consider their decision and elaborated on the need of a sailmaker to have a large, wooden floor area. His opinion was that the area of the former church could not be rezoned to make the use legal. Attorney Mansfield reiterated that the requeste use was not permitted under the conditional uses permitted in the present zone and that the Council and Planning Commission could not deviate from the laws set down by the City, After additional discussion, Mr. Brion Toss, 904 10th Street, addressed the Council and said when he and his partner had selected the location and applied for a business license, it had not occurred to them that their proposed business could be an inconvenience in any way; that they had polled at least 10 of the immediate neighbors and no one had any objections. He also stated it was not a place they wished to remain indefinitely, but it was the only place suited to their needs in town at the present time. At this point, Mr. Separovich suggested the Council examine the matter further at the next study session. Mr. Olander felt it would take less time to apply for an amendment to the zoning code to permit it as a conditional use in that particular zone, but reminded the Council such an amendment would effect the whole City and not just that one area, and that it would have to go to the Planning Commission for public hearing prior to the Council holding a public hearing - thus it would take approximately 6 weeks. Mr. Dick Dildine, 1211 6th, addressed the Council and asked if permission could not be granted for just a specific length of time. Mr. Kinzel read from the zoning code the conditional uses permitted at the present time in a RM zone and Mayor Figenshow suggested Mr. Toss apply for amendment to the zonding code as recommended. Councilman Moore complained that the Council had not received any information on this reauest prior to the meeting and Mr. Olander explained the request had just been received with a request for a decision at this meeting. 378 October 20, 1980 - - - - - - -continued: OLD BUSINESS ALLEY VACATION ORDINANCE Attorney Mansfield ready, by title, a proposed ordinance granting vacation of the partial alley between Commercial Avenue and "Q" Aveneu and 10th and 11th Streets, which was approved by the Council at the meeting of October.6th, to Washington Federal Savings & Loan and Harold Trulson. Motion by Mr. Separovich, seconded by Mr. Cleland, that the ordinance be passed and given ORDINANCE NO. 1840. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Kribs. Motion carried. NEW BUSINESS PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING CODE Mayor Figenshow briefly explained the public hearing process and declared a public hearing to be open to consider a proposed amendment to the City's zoning code which would delete the existing 10-acre maximum size for a mobile home park. Planning Director, Ken Kinzel, presented information indicating that there was considerable concern about this regulation as it was too restrictive from the standpoint of economic feasibility. All proposals for mobile home parks have been in excess of this size. The Planning Commission had reviewed the matter and had found that there were adequate safeguards provided to allow control of the size of such developments since they are all subject to the planned unit development process which allows each proposal to be considered on its own merits. Also, each development must be found compatible with adjacent land uses. The Planning Commission recommended that the 10-acre maximum be deleted from the zoning ordinance. Staff agrees with this recommendation. Mr. Olander then read a letter from Realtor Ray Carpenter in which he stated he felt the 10-acre maximum should remain and gave as reasons that the smaller parks would be more aesthetically acceptable, be less of a drain on City utilities, etc. Also, that larger parks would allow for too high a density. There were no further staff comments. From the audience, Mr. Dick Dildine, 1211 6th, addressed the Council and said he wished to second the opinions of Mr. Carpenter. There followed disctlssion of how the different zones could increase in density by meeting certain criteria. Attorney Mansfield said that because this was a hearing to consider an amendment to the zoning code itself, and didnot apply to any specific proposal for a mobile home park, the City only posted the required notice in the newspaper. He suggested that possibly the Council would wish to continue the hearing so that additional notices could be mailed to interested parties and thus receive additional in-put and information. Motion by Mr. Separovich, seconded by Mr. Kiel, that this public hearing be continued to the Council meeting of November 3rd, 1980 and that the Planning Commission furnish the Council with additional information. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Kribs, Separovich. Motion carried. I I AWARD OF BID ON POLICE VEHICLE Mr. Olander stated that, at Council direction, bids were called for on a new police vehicle. Tow bids were received; one for $9,102.45 and one for $9,056.25. It was felt these prices would be from $1,000 to $1,800 more than the City could purchase a comparable vehicle under the State contract. However, the State contract will not be let until in December. It was Mr. Olander's recommendation that these bids be rejected and the City wait until the State contract is let. After a brief discussion, motion by Mr. Separovich, seconded by Mr. Cleland that the matter be deferred until bids under the State contract are available. Vote: Ayes--Kiel, Moore, Kribs, Separovich, Figenshow, Cleland. Motion carried. FINAL PLAT APPROVAL, HORIZON HEIGHTS DIVISION 2 Public Works Director, Dave Ford, asked that this item be deleted from consideration as the developer still has to complete a few items before final plat approval can be considered. AWARD OF BID ON WATER TREATMENT CHEMICALS Mr. Ford reviewed the call for bids on the various chemicals needed for treatment of the City water at the water treatment plant and recommended the following bids be accepted: Sodium Silicofluoride VWR Univar Company at $ 26.15 per hundred weight Liquid Chlorine Jones Chemical at 233.74 per ton Aluminum Sulfate Stauffer Chemical at 111.59 per ton Polymer Calgon Corp. at 1.89 per pound No bids were received for the lime and he suggested this item be negotiated. Mr. Ford also pointed out that from now on, a deposit of $750 will be required on each cylinder which contains the Chlorine. Motion by Mr. Kiel, seconded by Mr. Separovich, that the bids as recomme-ded by staff be accepted. Vote: Ayes--Kiel, Moore, Kribs, Separovich, Figenshow, Cleland. Motion carried. Mayor Figenshow advised Mr. Ford that he would be able to supply the names of several firms who would be interested in bidding on the lime. I October 20, 1980 - - - - - - - continued: I RESOLUTION AND ORDINANCE PERTAINING TO PURCHASE OF RAILROAD DEPOT PROPERTY At the meeting of October 6, 1980, Council authorized the purchase of a parcel of land 60' X 685' on which the old Burlington-Northern depot is located. In order to complete this transaction, Attorney Mansfield read, by title, a proposed resolution authorizing the City to borrow the sum of $50,000 from the Water Fund and deposit it in the Property Acquisition Fund so that the property could be purchased. Repayment to the Water Fund from the Property Acquisition Fund will be over a period of 6 years at 8~% interest. Motion by Mr. Moore seconded by Mrs. Kribs, that the resolution be adopted and given RESOLUTION NO. 627. Under the "question", there followed considerable discuss.i-on concerning the validity of borrowing from another City fund to make such purchases and then paying it back over a period of years rather than paying back now as much as possible to the Water fund from the Property Acquisition Fund. Councilman Cleland moved to amend the original motion that $30,000 be borrowed from the Water Fund instead of $50,000 and the payments then be adjusted down· .. accordingly. For the sake of discussion, Mr. Separovich seconded this amendment, and siad he felt that the City should keep as much money on hand as possible in order to make other purchases if they should come up. Me. Cleland did not agree with this and said he felt the City should pay as much as it could on its debts because there was no guarantee that there would be future sales of property which would bring in the funds needed to make the yearly payments from the Property Acquisition Fund. Attorney Mansfield said the laws governing inter-fund loans were described in the state laws and Mr. Olander said this was a common practice in other cities. Vote on the amendment: Ayes--Cleland. No--Moore, Kribs, Separovich, Figenshow, Kiel. Amendment failed. Vote on the original motion: Ayes--Kribs, Separovich, Figenshow, Kiel, Moore. No-Cleland. Motion carried. Mr. Mansfield then read, by title, a proposed ordinance amending the 1980 budget to allow for the transactions described above. Motion by Mr. Separovich seconded by Mrs. Kribs, that the ordinance be passed and given ORDINANCE NO. 1841. Vote: Ayes--Kribs, Separovich, Figenshow, Kiel, Moore. No--Cleland. Motion carried. . I Councilman Cleland commented that he felt the Council should have been more informed about the proposed method of paying for this property at the time of decision to purchase it as it would have possibly been a factor in making the decision. AWARD OF BID - CATHODIC PROTECTION OF R AVENUE WATERLINE Public Works Director Ford reviewed the location and necessity of calling for bids on cathodic protection for two steel waterlines in the City. The project had been previously budgeted for, and the City received 6 bids. The lowest bid, from Norton Corrosion, Ltd. of Woodinville, wa. was for $47,350.80. This firm has done most of the City's cathodic protection work in the past and is very reliable and responsible. Mr. Ford recommended acceptance of their bid. Motion by Mr. Separovich, seconded by Mr. Cleland, that the low bid of Norton Corrosion in the amount of .:.$47 ,350.80 be accepted. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Kribs. Motion carrie~. _. / PROCLAMATION Attorney Mansfield then read aJProclamation that October 20th to 25th be named as Soroptimist Week in: honor of that organization's founding in 1948 and its service to the community~ Motion by Mr. Kiel, seconded by Mrs. Kribs, that the Council ratify this Proclamation. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Kribs, Separo~ich. Motion carried. FIREFIGHTER'S CONTRACT FOR 1981 Mayor Figenshow asked this matter be deferred to after a brief executive session at the end of the meeting for action in open meeting. I Manager Olander then asked Council members to respond to correspondence received from the Assoc. of Washington Cities concerning upcoming legislation on Revenue Sharing and urged them to support its continuation. Council reviewed a proposed budget review schedule proposed by the Manager and, after a couple of date changes, agreed to such a schedule to discuss and review the proposed budget for 1981. Council adjourned for a brief executive session and reconvened the meeting after about 10 minutes. RESOLUTION ADOPTING FIREFIGHTER'S CONTRACT FOR 1981 Attorney Mansfield read, by title, a resolution authorizing execution of a Labor Agreement between the City and Local No. 1537 of the International Association of Firefighters for the year 1981. Motion by Mr. Moore, seconded by Mr. Separovich, that this resolution be adopted and given RESOLUTION NO. 628. Vote: Ayes--Cleland, Kiel, Moore, Kribs, Separovich, Figenshow. Motion carried. October 20, 1980 - - - - - -continued: Mayor Figenshow was about to close the meeting, but recognized a representative of the press who wished further explanation concerning certain actions of the Council. His questions were discussed at some length and the meeting adjourned at 10:00 p.m. November 3, 1980 I Meeting called to order at 7:30 p.m. by Mayor protem, Ray Separovich. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Charles Kiel and Ken Moore. Mayor Knute Figenshow was excused. MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Moore, that the minutes of the previous meeting held October 20, 1980 be approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. CORRESPONDENCE City Manager Olander read a letter from the VEC Corporation requesting a discussion with the Council on the recently-passed "Street Ordinance" No. 1836. Motion by Mr. Kiel, seconded by Mr. Cleland, that this item be put on the agenda for the Council study session November 10th. Vote: Ayes--Kribs, Separovich, Cleland, Kiel, Moore, Rock. Motion carried. CITIZEN HEARINGS There was no response from the audience to Mr. Separovich's invitation to speak on any item not on the agenda. OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON 6-YEAR STREET PLAN Public Works Director David M. Ford reviewed proveious discussions of the proposed 6-Year Street Plan at regular Council meetings of September 15th and October 6th and study sessions in between. He stated the present proposed plan included all the suggestions of the Council and enumerated the final list as follows: Asphalt pavement overlay of "R" Ave. from SR 20 to 22nd Street; the west end road project (32nd St.); traffic signal at 32nd and Commercial; design & construction of 32nd, Commercial to "I"; "I" to "D"; "D" Avenue 12th to 37th; 37th "A" to "D" and "A" Avenue 37th to City limits; traffic study "R" Avenue SR 20th to 34th; miscellaneous pavement overlays; asphalt overlay "D" Avenue 12th to 2nd; regrade intersection fo Whistle Lake and Hillcrest Drive; acquire right-of-way, design & construct inter-connection (local access road) 4th Street with Anacopper-Clearilldge. Mr. Ford reiterated that this plan could be changed at any time by resolution and by informing the State. Another update of the Plan is due in Olympia by June or July of 1981. It must be filed each year. At this point, Manager Olander pointed out that it is probably about time that the Council took a look at the City's Arterial Circulation Plan and projects for the 6-Year Street Plan should be taken from that master plan. He suggested the Circulation Plan be put on the Council's agenda for their first study session in January of 1981. There followed additional discussion of the 32nd Street project and the public was assured that before any decisions are made, design hearings will be held to provide the property owners the opportunity to look at what is proposed and give their views. From the audience, Mr. Virgil Cole, 1620 32nd Street, addressed the Council and asked whether City staff had considered the close proximity of the overhead power lines and what would be done with them if the street is widened. He was advised that at this time the City does not know what exactly will be done with 32nd and when and if the City gets to the design phase, all property owners will be notified of the hearings. Dick Dildine, 1211 6th Street, asked how much the public would have to say about a street project in the event the State should pick out one from the 6-Year Street Plan and fund it. Councilman Moore responded by stating he had asked the same question and had been told that in such an event, the City still has to accept the project. Mr. Separovich asked if there were further comments from the Council and Mr. Kiel expanded on the need for the Council to review the Traffic/Arterial Cicrulation Plan. Mr. Separovich then closed the public hearing. Attorney Mansfield then read a resolution, by title, adopting a revised and extended Comprehensive Street Program. Motion by Mr. Cleland, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION N0.629. Vote: Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. I I Novenlber 3, 1980 - - -continued: I I NEW BUSINESS PUBLIC HEARING ON PETITION FOR ANNEXATION (of area proposed for "Cedar Grove" Mobile Home Park) Mr. Separovich declared a public hearing open to consider a petition from Richard Ballow that the City annex 40 acres outside the City limits and adjacent to the corporate limits, located generally southeasterly of 4lst Street and "A" Avenue. City Manager, Robert Olander, prepared to give the staff report and recommendations and the recommendations of the Planning Commission, but stated before getting into that information, it was his understanding that the petitioners (at least as of that afternoon) had in mind to request a continuance; and perhaps: the petitioners should be asked if they are requesting a continuance and dispose of that item first. Mr. Mike Smith, attorney .representing Mr. Richard Ballow, addressed the Council and stated his client was in Alaska and had asked the matter be continued for another 30 days because, after the Planning Commission meeting, it became obvious that members of the Commission did not wish to have a mobile home park in the location proposed. However, if the property were annexed, perhaps it would be in the best interests of his client and, secondly, it would be possible to propose a mobile home park for the property without the low density designation previously asked for. He further stated that the Planning Commission recommended that if it was annexed, it should come into .the City in a Rural designation. His client may still want that, but since the adverse reaction occurred only about a week ago, they have not had sufficient time to discuss it and make a decision. Mr. Ballow will not be returning from Alaska for several weeks and, therefore, Mr. Smith requested a continuance on his client's behalf for sometime beofre the 15th of December or after the first of January, preferably probably January. Mr. Rock then moved that the public hearing be continued to the first meeting in January. Seconded by Mr. Kiel just for the form of the business. Under discussion, Les Johnson, attorney, addressed the Council and said he represented 13 property owners in the vicinity of the proposed mobile home park. He said the Planning Commission, at their meeting of October 12st, decided to make a negative recommendation for all 4 proposals that were coming before the Council. At that time, it was understood that all proposals would be considered by the City Council at this meeting of November 3rd. Between the Planning Commission meeting and the present Council meeting, there was no indication it would not be heard by Council. Mr. Johnson said he felt there could have been more advance notice given to the parties in opposition, as well as the City staff. There was no indication until 3:30 the afternoon of Nov. 3rd that there could possibly be a continuation. For two reasons, he felt Mr. Smith's request for continuation should be denied: one that it was not fair to the property owners present at the meeting who wished to speak on the matter and had hired him to be present on their behalf. Secondly, that the Council had requested the matter be considered by the Planning Committee and bring their recommendation to the Council. Now, if the petitioner is considering revising his whole plan, the Council probably will sent it back to the Planning Commission to start all over again. Thus, there will be at least a 30 day delay for a decision which everyone thought would be rendered at the instant meeting. Attorney Mansfield summarized for the Council their options: first, that they could simply act on the motion before the Council and continue the public hearing to a certain date; secondly, deny the continuance (after hearing testimony) and make a decision based on the testimony presented; thirdly, take whatever testimony that is available and then take additional time to absorb the information and/or have additional testimony. I Councilman Kiel asked that the Secretary read back the motion on the floor. Secretary did so. Councilman Moore asked Mr. Smith if there was a reason why there was not notice given ptior to this afternoon and Mr. Smith replied he didn't know for sure until about 3:30 in the afternoon and, in his opinion, they probably would not come back with the same proposal as originally presented to the Planning Commission. However, the matter on the present Council agenda is a petition for annexation of the property and it does not really have anything to do with whether or not a mobile home park is put on it. There are other reasons for wanting to be annexed. He also pointed out that his client had gone to a great deal of expense to comply with all the information required in presenting this petition; that had attended numerous meetings and discussions concerning the many details that were brought up and he felt that after all of that they should have a chance to be heard. Councilman Separovich said he felt both sides had valid arguments. Mr. Johnson again reiterated his reasons for urging denial of the request for continuance and asked that he and his clients be notified when there would be a definite hearing so they would be able to state their opinions. He 382 November 3, 1980 - - - - -continued: felt the procedure could be streamlined simply by the Council instructing the petitioner to start again at the Planning Commission level with any new proposal. Mr. Kiel said the other side of the coin is that the petitioners had made a good faith application for a number of considerations concerning this parcel of property - one of which was possible annexation. The Planning Commission recommended an affirmative recommendation to the effect that if the property is annexed, it remain as is presently zoned. Therefore, if the petitioner wants to pursue an annexation hearing, it would be right and proper for the Council to proceed based on that Planning Commission finding. In his opinion, the Council should grant the extension as.1a courtesy to the appelant and this would not greatly inconvenience the adjacent property owners as it probably would be heard at some future time, regardless. Mr. Moore told Mr. Smith he did not understand what they might be able to discuss in January that could not be discussed at present and Mr. Smith said he probably could discuss about anything. Mr. Moore then asked what disadvantage there would be in speaking on them at this meeting and Mr. Smith said they were not sure yet what they wanted to do; that the statutes permitted petitioning for annexation without discussing or disclosing the intended use of the property. Attorney Mansfield summarized Mr. Smith's rather lengthy review and said that when they petitioned for annexation, there weveral other issues in front of the Planning Commission as well - an RPUD application, a zone change for a portion of Mr. Ballow's property that lies within the City; there was a change in the zoning code itself, etc. most of which involved a mobile home park. Planning Commission gave negative recommendations on most of the other items except the annexation issue where they recommended annexation but as a rural zone. Because of the other negative recommendations, Mr. Smith is looking to go back and determine if there are other alternatives they might be able to pursue before they address the Council regarding the annexation issue. The only issue in front of the Council at present is the annexation issue because the other items have not yet been sent to Council for consideration, and may be withdrawn. Mr. Mansfield said he assumed that what Mr. Smith is saying is that before he can properly address the issue fo annexation, the Council probably will want some sort of general idea as to what the proposals are and he can't answer that yet because his client has to go "back to the drawing board", so to speak. Mr. Johnson pointed out that the Planning Commission's recommendation was if the property was to be annexed, it should be rural. Also, he was prepared to talk about only the issue of annexation as was listed on the agenda, and if Mr. Smith is going to bring some other proposition, it should be started at the Planning Conunission level the same as the first one. I I There was additional discussion about the pros and cons of going through the whole process again, the costs, time involved, whether or not to request annexation, etc. Dick Dildine, 1211 6th, addressed the Council stating: "This is the strangest non-public hearing I have ever heard. A specific issue was brought for public hearing--the annexation of a piece of property. It came with a recommendation from the Planning Commission and there are people in the audience ready to testify and they are not being heard." Mr. Dildine further said he could not understand the Council's reluctance to make a decision on this one issue and then start over again, if necessary. The continuance seems to be to find out what the applicant is going to request and the Council should not decide on that until it goes through the Planning Commission anyway, so why not say "go back to the drawing board"? Mr. Separovich again asked the Secretary to read the motion, which she did. Mr. Seaprovich called for roll call on the motion. Vote: Cleland--no. Kiel--Yes. Moore--No. Rock--yes. Kribs--yes. Seaprovich--no. No decision on the motion. Mr. Johnson asked permission to ask a question of City staff and Mr. Separovich granted his request. Mr. Johnson asked if this was a proper public hearing with proper public notices given. Mr. Mansfield said he was unable to confirm it because Mr. Kinzel was not present. Mr. Johnson asked the same question of Mr. Smith who said he was sure it was published, but was not sure it was posted on the property. Councilwoman Kribs commented that she didn't see how the Council could consider an issue if the proponent wasn't sure he wanted to actually apply for the specific issue. Mr. Separovich asked Mr. Olander or Mr. Mansfield if they had something that would clarify the problem. Mr. Olander stated that regardless of the technicality, the issue was presented to the Planning Commission as a total package. That was the way the Environmental Impact Statement was drawn up and the whole development was part of I November 3, 1980 - - - - - - -continued:· that total package. He said he felt it would be difficult for the Council to separate that out as a particular issue; that if he were on the Council, he would want to see the whole package as one. That is the way the Planning Commission heard the proposition and the way the people at the Planning Commission testified. Mr. Kiel then asked why it appeared as an agenda item as an annexation only. Mr. Smith also asked that question. I I Mr. Mansfield said they were set as separate matters due to public hearing requirements and a lot of different things, but the annexation issue could be heard in accordance with the Environmental Impact Statement which the applicant has filed. It also dealt with the proposal of a mobile home subdivision. If the ultimate use of the property is going to be changed or is now in doubt, it would be difficult for the Council to consider the issue. Mr. Olander said that, technically, all items are separate public hearing items at the Planning Commission level. However, the Planning Commission heard the testimony on the annexation from both sides and then, by motion, incorporated that testimony into the public hearings on the subsequent items so it would not have to be repeated. Mr. Mansfield commented that if Mr. Smith felt there was some legal deficiency in the manner the notice was made for this hearing, then he would recommend the hearing be continued so that any deficiencies that might exist could be corrected. Mr. Moore then moved to reconsider the motion to continue the public hearing until the first meeting in January. Seconded by Mr. Kiel. Mr. Rock said he didn't think the Council could reconsider a motion which ended in a tie. Mr. Mansfield agreed it owuld be quicker just to make a new motion. Mr. Moore withdrew his motion. Mr. Rock then said he felt that if it is reconsidered, it should be in a shorter time, possibly in December. Mr. Moore agreed it should be considered as a package at a later date. Mr. Cleland also agreed it should be considered as a package in a short time. Mr. Johnson again reiterated he felt it should be started over at the Planning Commission level. Mr. Kiel again said he felt the developer had made a good faith application to the City and he may bevasd_lating, which appears to be the circumstance, but he has considerable interest in this and should be given the courtesy of being allowed to adequately define his position and approach Council. He, personally, felt the applicant was trying to hold open the option of ultimately going the full "9 yards" with the full public hearing as to his proposed project and he feels that option should be held open to the proponent. Mr. Johnson said he felt, that if the Council were given a period of time in which to make up their minds what they wanted to do and then if the instruction is for them to come back to the Council at that time, it would be only fair, if he and his clients were to hear the matter, that they be given enough advance opportunity to know what they are talking about and be able to make constructive comments on it - for or against it. If Mr. Smith is given a date certain, that two weeks prior thereto, Mr. Johnson should be given his proposal so they can examine it and speak intelligently or restrain from speaking on it. He said he felt 2 weeks prior delivery is not unreasonable in light of standard practices. Mr. Kiel said he agreed. Mr. Dildine again was recognized and said there seemed to be a discusison on I legal grounds between counsel and the Council, but if any new idea is to be brought before the Council at some later date, it should go through the process of the Planning Commission first. He asked if there was anything they could bring to the Council on this due date the Council is setting that would not have to first go to the Planning Commission. Mr. Kiel replied, yes, the whole project in total. Mr. Dildine then pointed out that perhaps the rest of the people in town would also like to know about the plans and the only way they would find out would be to have a Planning Commission meeting and invite them. He commented he didn't see how a new plan could be brought to the Council without first going through the Planning Commission; that it isn't proper for the Council to make this decision around the back of the Planning Commission. Mr. Olander agreed that if there are any changes made in the original whole package, it, generally, could have to go back to the Planning Commission. Mr. Moore said he felt Mr. Dildine's points are well established and asked when Mr. Johnson and the people in the area involved would know this. Mr. Olander replied that if there are nay changes, legal!, it has to go back the the Planning Commission. At this.point, Mr. Separovich suggested a recess to see if something couldn't be done. Mr. Kiel replied to Mr. Separocih that he didn't think this was an item that the attorneys representing the various interests here could solve for the Council and Council has to make its own conclusion to this matter. Mr. Kiel then moved that the hearing be continued no longer than a date 30 days from now. Mr. Mansfield suggested it be a particular date, perhaps the 1st of December. Mr. Kiel revised his motion November 3, 1980 - - - - - - - - -continued: to state the public hearing be continued to the first business meeting of the Council in December, 1980. Seconded by Mr. Moore. Under the question, Mrs. Kirbs suggested that Mr. Smith notify Mr. Johnson two weeks prior to the December 1st meeting of his plans as part of the motion. Mr. Mansfield interjected to say the Council could take this as a suggestion and would not have to make it part of the motion. Mrs. Kribs withdrew. Secretary re-read the motion and called the roll for vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. Mr. Johnson then asked Council's assurance that he would be notified at least two wwks prior to the date of the hearing of any changes or modifications intended by Mr. Smith and his client. Mr. Kiel asked Mr. Smith if this could be done and Mr. Smith replied stating there were two errors being made. First that the statute does not require a "package" deal and, secondly, that it must go through the Planning Commission. According to Mr. Smith, the law requires only that it be presented to the Council for their decision. However, out of deference to the Council and Mr. Johnson, Mr. Smith agreed to tell Mr. Johnson within 2 weeks what they wish to do with the property, if he knows, but it might end up simply a request for annexation. Mr. Johnson was not satisfied with this and said he wished a guaranteed advance notice and what is to be discussed. Mrs. Kribs asked Mr. Mansfield if the Council could direct this and Mr. Mansfield replied it was not a court and the Council did not have the legal authority to require Mr. Smith to give Mr. Johnson 2 weeks notice. The Council had made it plain they would like Mr. Smith to do so. At this point, Mr. Johnson said he wanted to go on public record that unless he receives notice two weeks in advance in his possession of what Mr. Smith's proposal is going to be, he intends to "walk in here and ask for a continuance" and hope it is honored in the respect it is intended. PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING CODE Mr. Separovich opened a public hearing to consider a proposed amendment to the zoning code. Mr. Olander stated this proposal was considered by the Planning Commission prior to receipt of the application for the mobile home park proposed by Mr. Ballow. Under the current zoning code, there is a 10-acre maximum for mobile home parks. Planning Commission reviewed this and feels it is too restrictive. They have not had any applications for 10 acres or less for such parks and they believe a 10-acre maximum besides being too restrictive is not economically feasible. Council continued this public hearing on October 20th because there was no one present to testify about it. Council also requested additional information and detailed reasoning from the Planning Commission to support their recommendation, and asked that other interested parties be notified so they could be present to express their arguments for or against it. At the last Planning Commission meeting on October 22nd, they replied to the Council's request stating they assumed the reason the original 10-acre maximum was included was to limit the impact on the community; however, they felt the RPUD process allowed an individual case-by-case identification of the particular impacts of a mobile home park and also allowed particular ways to redress those impacts. The Planning Commission felt dealing with mobile home parks qn a case by case basis gave adequate control and recommends the Council lift that maximum and no maximum size be placed on mobile home parks. Mr. Separovich called for audience comments and recognized Mr. Mike Smith who stated he had learned a lot about mobile home parks and the tremendous demand for them in the time he has been associated with Mr. Ballow. He also found that almost everywhere in the state applications to put in mobile home parks have been denied, so it comes down to a policy question as to whether or not the Council wishes mobile home parks within the City limits. There are valid reasons on both sides. The current move is for having property zoned for mobile homes to take care of the demand. He said it was his opinion the Council owed it to the citizens to provide this kind of mobile home living which they demand. Regardless of that, he also testified that with all the requirements necessary to make a nice project of a mobile home park, and there are streets, sidewalks, curbs, common areas, organized play areas, etc., it cannot be done on 10 acres of ground; it is not cost-efficient to do so. There can be only about 6 units per acre, with all the bonuses, which would be about a 6,000 square foot lot by the time the land is used for the streets, etc. Mr. Smith said he believed deleting the 10-acre maximum would be a very simple way to eliminate all the mobile home controversy. So, if the City doesn't want mobile home parks, all they have to do i--S. retain the 10-acre maximum because there won't be any parks in that size. If the City does want mobile home parks, there are many, many safeguards to assure the City there will be a fine project. Mobile homes nowadays are constructed as well as manufactured homes and with costs of building so high, they are "God-sends" for a lot of people. Mr. Smith's I I I 385 November 3, 1980 - - - - - - continued: opinion was that if the 10-acre maximum is left in the zoning code, all future quality mobile home parks' proposals will be cut off. Mr. Separovich then recognized Les Johnson, Attorney, who said he was also speaking on his own behalf. After study of the RPUD requirements in the Anacortes zoning code, there are plenty of safeguards to develop quality living with a variety of opportunities for people who want to construct and live in different kinds of homes in Anacortes or use the RPUD; he doesn't see any need for the 10-acre maximum and concurs with Mr. Smith's comments. I Mr. Charles Spink, 1543 Sunset Lane, Mt. Vernon, addressed the Council and said he was speaking on behalf of Mr. Gentry of Anacortes. He concurred with the staff conclusions that the 10-acre maximum is too restrictive and said Mr. Gentry's proposal for a mobile home park would not be possible if they couldn't have more than 10 acres. Mr. Separovich then recognized Mr. Terry Meyers, 2310 Baron Place, Anacortes, who questioned whether there was anyone in Anacortes who actually wanted to live in a mobile home park. His opinion is that the mobile home site in Skyline is not in very good shape. Dick Dildine, 1211 6th, agreed with Mr. Meyers and suggested reason for 10-acre maximum for mobile home parks is because they bring more density and create an abrupt, sudden demand for City utilities and fire and police protection at a distance from their sources. He believes the tax revenues do not pay for these services. To lift the 10-acre maximum, owuld only make it convenient for developers. The City's Comprehensive Plan calls for a moderate rate of growth which, according to Mr. Dildine, is the wish of the majority of the residents of Anacortes. Mr. Spink's rebuttal to this was that he was a native of the area and intended to return to live in a mobile home park in Anacortes and there were a lot of people coming back for the same reason. Mr. Meyers then said Mr. Spink's occupation was selling mobile homes and if he came back to Anacortes, he might have some to rent. I Councilman Cleland stated that the City had accepted Snelson-Anvil as positive benefit to the City and a lot of those individuals need a place to park mobile homes. A lot are earning their money here, but not spending it here. Dildine replied by stating that by allowing a mobile home park in the west end, the City is creating a problem rather than a solution primarily because of the traffic generated. He feels a mobile home park would be acceptabel somewhere near the urban renewal area, and questioned whether the Council could legally change the zoning code. Pres Holton, 2320 11th Street, addressed the Council. Awhile back, the Council was shown views of mobile home parks which he believed were well over 10 acres in size. He described parks in Mt. Vernon, San Diego (25 acres) with all recreational facilities, laundry facilities, etc. and concluded a quality park would certainly take more than 10 acres. There were no further comments and hearing closed. I Vice~mayor Separovich declared the public Council comments included: Mr. Kiel said he heard a lot more than expected and will have to reassess his position on the matter. Mr. Moore discussed at length the possible density in mobile home parks qith questions put to Mr. Olander, who reviewed and explained the. density regulations as shown in the zoning code. He also compared the allowable density with the density allowed in regualr "stick-built" housing zones. Each single mobile home lot requires a minimum of 3,000 square feet of area, or for a double-wide unit, 4,500 square feet. By the time land for streets, common areas, etc, is taken out, the maximum possible in a 10-acre area would be about 90 or less, in Mr. Olander's opinion. Mr. Spink pointed out that a lot of land had to be given away for open space to get the density; but this does not make the package saleable. Single-wide homes are not saleable. Double-wide mobile homes take a lot more--his experience was that 5 or 6 was the maximum per acre. Mr. Moore said he felt the Council should look at the worst possible situation that could occur. Mr. Mansfield explained to Mr. Moore that because the mobile home park must be developed under the RPUD concept, the City requires certain things to be done and, because of this, the maximum density cannot be reached; This, he feels, was the basis of the Planning Commission's recommendation. Mr. Moore said he still felt the 10-acre maximum shouldn't be changed. Mr. Cleland said he felt the City had added greatly to the cost of the development by the regulations and that it could not be done on 10 acres. Mr. Spinks agreed with Mr. Cleland that it was not economically feasibile to construct a proper park on 10 acres. November 3, 1980 - - - - - - - -continued: Mrs. Kribs asked Mr. Ford how many conventional homes could be put on a 45 acre piece of land and was advised that almost as many conventional homes could go in as mobile homes on the same area. After some additional discussion, Mr. Separovich suggested Mr. Mansfield read the proposed amendment to the zoning code, but then permitted Mr. Dildine to speak again. Mr. Dildine said he felt the zoning code should not be changed without the permission of the public and that the people of Anacortes, in his opinion, didn't want mobile home parks. Mr. Kiel asked whether other Comprensive Plans throughout the state have such limitations on mobile home parks' size. Mr. Olander replied that the two or three cities with which he was familiar had no maximum. Mr. Mansfield said he believed other cities had specific zones which allowed for the placement of mobile homes on single family lots; the Anacortes code does not allow for a mobile home except in a mobile home park and the park has to be a minimum of 5 acres and a maximum of 10 acres, which is more restrictive than most cities. Mr. Olander then read the section of the Comprehensive Plan which referred to mobile home parks. This Plan did provide for the development of mobile home parks in Anacortes and called for developmental standards of such parks under an RPUD and would be eligible in RM., RL and R areas with density the same as the underlying zoning. I In response to a question from Mr. Kiel, Mr. Olander said he knew of no other type of residential development that is limited in terms of total acreage. Moore said he felt the intent of the maximum of 10 acres is for good control and that he felt the Planning Commission's reasons for recommending changing the limitation were not valid except for the RPUD process. Mr. Olander clarified that a 5-acre minimum does not apply to mobile home parks, per se, but to any RPUD. And, Mr. Mansfield pointed out there could not be a single individual mobile home on any piece of land in Anacortes without it being in a mobile home park. Mr. Kiel said he felt the limitation on the size of a mobile home park somehow or other connotes that mobile homes are not as valuable as compared to homes on a concrete foundation, and asked whether or not this was true; also whether mobile homes and a piece of property could be financed through a savings and loan company. Mr. Spinks replied that it was done all the time; the finance firms make loans comparable to conventional home loans. He also asked about the longevity of a mobile home set up in the area to get a "feel" about the possible turn-over a city might expect in a mobile home park. Mr. Separovich said he felt the longevity would depend mostly on the care of the home and the lot, and it seemed to him that mobile homes sometime seem to be the answer for younger people to get into a home of their own. Mr. Dildine reiterated his objection to "opening the door" for two specific proposed developments at a distance from the center of the City and that the people of Anacortes have not indicated they want mobile home parks, nor has there been any indication of a need for a change in the zoning regulations. I Mr. Olander agreed the key issue revolved around density and probably was the underlying reason for the maximum acreage in the code, but he felt the Planning Commission's reasoning was that there was sufficient control under the RPUD process to cut down densities based on the particular circumstances if there was an impact on surrounding areas. Also, the Planning Commission separated this issue from the two proposals currently being considered. Mrs. Kribs asked if a developer could get a variance above the 10-acre maximum if it is left in the code and she was told this would not be possible. Mr. Separovich then recognized Terry Meyers from the audience who wanted to know if any of the Councilmen would like to have a mobile home park over 10 acres in size next door to them. They did not reply to the affirmative or negatively. Rosemary Orr, of 32nd Street, asked what portion or share of taxes would a mobile home owner pay to the City in comparison to any other property owner and Mr. Olander told her they pay the same millage rate as a regular home owner. Don Coughlin, of Anacortes, commented that during the formation of the new zoning code, very little time was spent on the mobile home park issue; that the 10-acre maximum portion of it was put in mostly because they felt they didn't know what should be entered as a limit. Also, he has received information that mobile homes are the most heat efficient units that can be bought today and, beyond looking at younger couples, the older population also are in need of such housing. If the Council wants quality mobile home parks in Anacortes, the developers will have to be given the land to make it possible. Ten of the 14 realtors who met recently vigorously supported the position of the Planning Commission. I November 3, 1980 - - - - - - - - - -continued: w. L. Brady, 1420 "H" Avenue, addressed the Council and said zoning code as a guide to determine the type of property and he wanted to live; his being rural. He said he felt that to 10-acre maximum in the code would leave almost "spot zoning" or development is done really doesn't have a bearing on it. he had used the area in which take away the and how a park Dick Dildine again reiterated he felt the question of amending the zoning ordinance was vital to the people of Anacortes and that they should be present at such a hearing and deserve a better chance to make their wishes known. I Mr. Separovich then closed the public hearing and asked for Council comments. There were no further comments. Attorney Mansfield then read, by title and the language which would make the change, an ordinance amending the zoning code to delete the 10-acre maximum for mobile home parks. Motion by Mr. Cleland, seconded by Mr. Kiel, that the ordinance be passed and approved. Vote: Ayes--Cleland, Kiel. No--Moore, Rock, Kribs, Separovich. Motion failed. RESOLUTION SETTING PUBLIC HEARING DATE Mr. Mansfield read a resolution , by title, setting a public hearing date of December 1, 1980 for a public hearing on a petition for vacation of a portion of Georgia Street right-of-way in Anacortes. Motion by Mr. Kiel, seconded by Mr. Rock that the resolution be adopted and given RESOLUTION NO. 630. Vote: Ayes--Moore, Rock, Kribs, Separovich, Cleland, Kiel. Motion carried. LEASE OF THIRD FLOOR, MUNICIPAL BUILDING Mr. Olander reviewed the background leading to the proposed leasing of the 3rd floor of the Municipal Building for use as an area to make boat sails. He said the lease has been prepared and approved by the City attorney. There was some discussion with the proposed lessee, Brian Toss, about the space, terms of the lease, etc. Staff recommended the lease be accepted. Mr. Mansfield then read, by title, a resolution authorizing the execution of the lease. Motion by Mrs. Kribs, seconded by Mr. Moore, that the resolution be adopted and given RESOLUTION NO. 631. Vote: Ayes--Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. I RESOLUTION COMMENDING ARNOLD WAHL On the matter of the retirement of a longtime employee of the City, Arnold Wahl, Mr. Separovich read in full a resolution honoring and commending Mr. Wahl for thirty years of dedicated service to the citizens of Anacortes. Motion by Mr. Kiel, seconded by Mr. Rock, that this resolution be adopted and given RESOLUTION NO. 632. Vote: Ayes--Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. There being no further business to come before the Council, meeting adjourned at 11:00 p.m. November 17, 1980 Meeting called to order at 7:30 p.m. by Vice Mayor, Ray Separovich. Invocation was given by Pastor Ralph Miller of the First Baptist Church. Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Charles Kiel, and Ken Moore. Knute Figenshow was excused. MINUTES OF PREVIOUS. l'IEETING Motion by Mr. Rock, seconded by Mr. Cleland, that the minutes of the previous meeting held on November 3, 1980 be approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. I CORRESPONDENCE City Manager Robert Olander said letters had been received as follows: from Senator Magnuson concerning the City's efforts to purchase the Burlington-Northern right-of-way along Guemes Channel; from Congressman Al swift, Senator Jackson and Senator Magnuson indicating their support of the Revenue Sharing Program; from former Mayor Bettye Bryant commending the police department, aid team and ambulance service for their prompt and able response when she recently suffered a broken leg. Manager Olander also announced that the State Interagency Committee for Outdoor Recreation (IAC) had awarded a grant of some $49,500 toward the City's pier project at Washington Park. November 17, 1980 - - - - - continued: CITIZEN HEARINGS In response to Mr. Separovich's invitation to speak on any subject not on the agenda, from the audience Mr. Pres Holton said he felt the Council should endeavor to correct the matter of streets running into acreage property. Mr. Separovich suggested Mr. Holton discuss it with the Engineering Department and Mr. Holton said it was not up to him to do the work which should be done by City staff. There was no old business to come before the Council. NEW BUSINESS PUBLIC HEARING ON PROPOSED 1~81 BUDGET Mr. Separovich declared a public hearing to be open in order that comments and views on the proposed 1981 budget could be given by residents of Anacortes. Mr. Olander explained that two public hearings are required under state law and they had been advertised for November 17th and December 1st, 1980. From the audience, Mr. Dick Dildine, 1211 6th, asked on what basis the 1981 budget was based and Mr. Olander advised that all cities are required to follow state guidelines in the formation of the budget and that the previous year's budget had a lot to do with it. Mr. Dildine said he didn't think the public had had the opportunity to review the preliminary budget and Mr. Olander advised that it was available for review at City Hall and at the Library. Mr. Separovich asked for comments from the Council and Mr. Moore pointed out that the budget study sessions currently being held by the Council are open to the public so they can attend and become apprised of the proposed budget if they wish to do so. Mr. Separovich declared the public hearing closed. I REQUEST FOR ENCROACHMENT AGREEMENT - SNELSON-ANVIL, INC. The applicant requested this item be scheduled for a later date to give them time to properly study and review certain City suggestions. FINAL PLAT APPROVAL - HORIZON HEIGHTS, DIVISION 2 Public Works Director Dave Ford, reviewed the background of this development and stated that this was the second phase now completed. The ownership of the property has now changed hands and there are 21 lots in this subdivision which abutts Down Jones Way. All construction improvements have been completed with the execption of approximately 20 square yards of paving. Mr. Ford recommended approval of the plat subject to the completion of the additional paving which is scheduled to be done shortly. Council had no questions of Mr. Bob Boudinot who was in the audience representing the developers. Motion by Mr. Kiel, seconded by Mr. Moore, that the Council approve the final plat of Horizon Heights, Division 2, subject to the completion of the paving yet to be done. Vote: Ayes--Kribs, Separovich, Cleland, Kiel, Moore, Rock. Motion carried. I SEGREGATION - LID ASSESSMENT (LID # 178) Finance Director, George Khtaian, explained that this request came about because of a parcel of property assessed in LID No. 178 becoming wned by more than one owner. In order to segregate the LID assessment, it was necessary to pass a resolution so ordering. Attorney Mansfield read, by title, a resolution ordering the segregation. Motion by Mr. Kiel, seconded by Mr. Rock, that the request for segreation of the LID assessment be approved and the resoluiton be adopted and given RESOLUTION NO. 633. The location of the property in question was described as lots 16 to 20 in Block 205 and lots 1 to 10 in Block 206, Original Addition, generally situated on the 1400 block between "C" and "D" Avenues. Vote: Ayea-Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. AGREEMENT BETWEEN CITY AND SKAGIT/STANWOOD/CAMANO EMERGENCY MEDICAL SERVICE COUNCIL Attorney Mansfield briefly explained that this is a proposed service contract between the City and Skagit/Standood/Camano EMS Council for supplying Advance Life Support through the Anacortes Fire Department for all of Fidalgo Island and Guemes Island. The agreement provides the formula for disposition of the funds derived from the levy recently passed for Skagit County emergency medical service. Fire Chief Little elaborated stating this contract would reimburse the City some $44,000; however, other monies have already been received for dispatching and other communications maintenance. A proposed resolution authorizing the execution of the agreement was read, by title, by Attorney Mansfield. Motion by Mr. Rock, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 634. Under the question, there was brief discussion concerning additional service provided by the Anacortes faciliities and involving the San Juan County not covered by the instant agreement. Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. I - - - - - - continued: November 17, ORDINANCE TO CHANGE 1980 BUDGET Finance Director, George Khtaian, reminded the Council that in August of 1980 the City awarded a contract to the firm of Marshall and Stevens to appraise all City property and equipment. In order to reflect this transaction in the 1980 budget, it is now necessary to make adjustments in the budget. The reason the budget was not amended earlier was because the City had to await the percentage estimates after the field work was done. Mr. Mansfield then read, by title, an ordinance making the proper adjustments. Motion by Mr. Kiel, seconded by Mr. Cleland, that the ordinance be approved and passed and given ORDINANCE NO. 1842. Vote: yes--Kiel, Moore, Rock, Kribs, Separovich, Cleland. Motion carried. I APPOINTMENT TO CITIZEN COMMITTEE FOR SOLID WASTE DISPOSAL Mr. Ford's memo,.. randum to the Council explained that Skagit County had proposed a technical committee and a citizens solid waste advisory committee be formed to gather information and make recommendations to update the present County solid waste plan. To this end, the Mayor and staff recommended Mr. A. E. Henke be appointed to the Citizen's Committee. Motion by Mr. Kiel, seconded by Mr. Rock, that Mr. Henke be appointed as recommended. Vote: Ayes--Moore, Rock, Kribs, Separovich, Cleland, Kiel. Motion carried. There followed a discussion of ways and means to possibly interest individuals, or learn of persons who might be interested, in filling such positions as they come up. There was general agrement that possibly the public should be better informed about these positions before they are filled. APPOINTMENT TO PLANNING COMMITTEE As a result of the discussion described above, motion by Mr. Moore, seconded by Mrs. Kribs, that the appointment to the Planning Commission,necessary due to the resignation of one of the members, be tabled until the Council has an opportunity to further discuss any other possible candidates. Vote: Ayes--Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. I CITY/PORT AD HOC COOPERATION COMMITTEE Manager Olander then brought up the matter of a request from the Port of Anacortes that an ad hoc committee be formed to study ways to implement future cooperation between the City and the Port on mutual concerns and projects. Mr. Olander advised that this matter had been pending for quite awhile and the Mayor requested the appointment of himself, Mr. Cleland and Mr. Benjamin Root to represent the City on the committee. Motion by Mr. Rock, seconded by Mr. Kiel, that these appointments be approved. Vote: Ayes--Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion carried. Mr. Separovich then allowed Mr. Holton to comment that high-speed runs by the City ambulance to the airport was not necessary and Chief Little refuted this by stating that very few high speed runs were ever made because of previ6us notfficactl.'on' bf arrivals at the airport. ' There being no further business to come before the Council, meeting adjourned at 8:30 p.m. December 1, 1980 Meeting called to order at 7:35 p.m. by Mayor Knute Figenshow. The invocation was given by Pastor Tom Christoe of the Anacortes Christian Fellowship Church. Roll Call found present: Bud Rock, Karolyne Kribs, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore. Ray Separovich was excused. I MINUTES OF PREVIOUS MEETING Motion by Mr. Cleland, seconded by Mrs. Kribs, that the minutes of the previ©us meeting held on November 17, 1980 be approved as if read. Vote: Ayes--Rock, Kribs, Figenshow, Cleland, Kiel, Moore. Carried. CORRESPONDENCE Mayor Figenshow read a letter he had received from twelve real estate agency representatives recommending Jim Rice to fill the vacant position on the Anacortes Planning Commission. CITIZEN HEARINGS In response to the Mayor's invitation to the audience to speak on any item not on the agenda, Mr. Leonard Newsham, 2001 Bradley Drive, addressed the Council and said the residents of Skyline felt thay "got the shaft" when December 1, 1980 - - - - - - - -continued: the Planning Corrunission granted the Shoreline Development permit to Harold Mousel to build a seawall on his property adjacent to Burrows Bay. Attorney Mansfield reminded Mr. Newsham that the Council had no jurisdiction over such permits and that if anyone objected, they had the right to appeal to the State Shoreline Hearings Board. At this point, Mayor Figenshow recognized the presence of representatives of Pack 84, Den 1, of the Boy Scouts of America who were in attendance at the meeting. OLD BUSINESS CONTINUATION OF PUBLIC HEARING ON ANNEXATION REQUEST OF AREA REFERRED TO AS "CEDAR GROVE" Mayor Figenshow declared the public hearing open. Corrununity Director, Ken Kinzel, advised the Council that he had been handed a letter just minutes prior to the meeting from the proponents of the annexation application. This letter formally withdrew all petitions and applications previously submitted for this annexation. Mayor Figenshow then declared the pbulic hearing closed. I NEW BUSINESS PUBLIC HEARING ON PETITION' TO ANNEX WEAVERLING SPIT AREA Mayor Figenshow declared a public hearing open to consider the annexation of the Weaverling Spit area. Mr. Kinzel reviewed the Council's remanding the matter to the Planning Corrunission for their recorrunendation as to what zoning should be imposed should the area be annexed. The Planning Corrunission's recorrunendation was that it be zoned LM (Light Manufacturing) which would be consistent with the adjacent zone to the north and what is requested in the petition. Mr. Kinzel pointed out that the Council should consider certain items in their evaluation of the petition including: (1) whether the annexation would be of benefit to the corrununity; (2) what zoning should be imposed in accordance with the contemplated uses of the area; (3) whether the owners of the area to be annexed should be required to assume all or any portion of their share of the City's indebtedness. Mr. Kinzel showed a view foil of the Weaverling Spit area which indicated the abutting zoning inside City limits. Mr. Kinzel said staff felt it would benefit the City because it would not require additional City services; the value of the property would be added to the City tax rolls and any necessary utilities would be the responsibility of the developer. Staff had given consideration to the CM (Corrunercial Marine) zone classification for the area, but petitioner had requested LM because part of the property owned is already within City limits and zoned LM. Mr. Kinzel said there appeared to be three alternatives the Council could consider: (1) annex the property as CM, in which case any developmental proposals would be reviewed later as a separate issue; (2) annex at LM which would permit manufacturing if the owners changed their mind or sold the property and then any development proposals would be considered later the same as above; (3) await the full Environmental Impact Statement and disclosure of development plans before deciding on annexation. Mr. Kinzel concluded by stating that City staff had no objections to the annexation since there were sufficient environmental, shoreline and project review procedures to guarantee later proper development and that, if the Council wished to annex the property, staff recorrunended consideration to the CM zoning and that owners be required to assume their portion of outstanding indebtedness. Mayor Figenshow then asked for corrunents from the applican_ts and Mr. Mike Smith, attorney representing the owners of the property, addressed the Council, introduced several of the owners who were present and stated that his clients had retained several knowledgeable, professional individuals and firms to do the preliminary studies and EIS which had been presented to the City. Mr. Smith said that, at this point, they had to request the annexation of the portion of his client's property that is presently outside the City limits as their whole developmental proposition could not be considered unless the annexation is granted. Mr. Smith further stated the only reason -for the request of a LM zone was the difference in height restriction; in a CM zone, it would be 35 feet while a LM zone allowed 50 feet for non-residential buildings. Mr. Mansfield reminded the Council and Mr. Smith that the issue before the Council was only the annexation proposal. From the audience, Mr. Dick Dildine, 1211 6th Street, said he didn't think it should work that way - that the City should be presented with the full development proposal before it was asked whether or not to annex the property. Mayor Figenshow asked Mr. Olander to explain the "City's outstanding indebtedness" referred to previously, for the benefit of the audience, and Mr. Olander explained this refers to the special tax levies voted into effect by the residents of the City for special projects, such as the water improvement project. There was then considerable discussion about the present county zoning of the area, the problem of sewage, traffic flow, etc., all of which are subject to either the EIS process or the Shoreline Management Development Permit process. This allows the City to require that a developer mitigate any problems which may arise and correct any deficiencies. I I December 1, 1980 - - -continued: Councilwoman Kribs asked if anyone in the audience wished to object to the annexation and Mr. Dildine reiterated his contention that any annexation should have a provision that it be dependent upon whether the City would approve of what development is proposed for the area. Councilman Kiel asked Mr. Smith what potential adverse impact there might be on any adjacent property owners if there were buildings constructed to a height of 50 feet and Mr. Smith replied there was absolutenly none explaining the property in question was much lower than anything in the surrounding area. He showed the Council a drawing in the preliminary EIS of his client's proposal for the area. I After additional discussion concerning differences between CM & LM zoning, the City's classification of the area under its Urban Area Plan for adjacent properties outside the City limits; whether a variance for building height could be applied for under the CM zone; whether property owners on a proposed new water line would be required to pay for the line (only if it were under an LID); how long before the City would realize any real benefit from such an annexation (Smith said probably a year from March or June) etc. Mr. Mansfield again reminded the Council the public hearing was to consider only the possible annexation of the area. Councilman Kiel remared he got the impression that if the proposed development existed outside the City limits now, the City would be tryiny to figure out a way to bring it into the City and said he believed the CM zone would be more appropriate for the area. Mr. Moore agreed, but said he was concerned about the potential cost to the City and would like to see the full EIS before a decision was made. Mayor Figenshow then declared the public hearing closed. Motion by Mr. Moore that the Council wait for a full EIS and disclosure of current development plans before deciding on the annexation. This motion died for lack of a second. I Motion by Mr. Kiel that the Council approve the annexation with the CM zone designation and that the subject property take on it's share of the City's indebtedness. Seconded by Mrs. Kribs. Vote: Ayes--Kribs, Figenshow, Kiel, Rock. No--Cleland, Moore. Motion carried. Mr. Mansfield will present an ordinance at the next meeting for passage by Council. ANACORTES FIRST CHRISTMAS FESTIVAL WEEK Mayor Figenshow then read a Proclamation designating the week of December 14th through December 20th, 1980 as Anacortes First Christmas Festival Week. to further the idea of bringing together the entire Anacortes community regardless of background, ethnic culture or religious beliefs in the interests of fostering increased community spirti and togetherness. Motion by Mr. Rock, seconded by Mr. Kiel, that the Council ratify this proclamation. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Maxine Dickson then briefly outlined the program which included a parade, music by choirs and bands, refreshments served by merchants, a parade of ships from Skyline to Cap Sante, a dinner-dance, etc. The affair is to receive television coverage from channels 4, 5 and 7. PUBLIC HEARING ON PETITION FOR VACATION OF PORTION OF GEORGIA STREET Mayor Figenshow declared a public hearing open to consider a petition for vacation of a portion of Georgia Street necessary to provide an adequate site for the existing water reservior. The petition was initiated by the City Public Works Department as a housekeeping measure and it was pointed out that the City is the only abutting property woner involved. Mr. Kinzel showed a view foil of the location and advised that the Planning Commission had considered the petition and recommended to the Council that the entire right-of-way of Georgia lying south of the south line of 15th Street West be vacated. The staff concurred in the recommendation. I Councilman Rock asked why this was not done when the reservoir was put there and Mr. Ford replied it was just an oversight. Mayor Figenshow asked if there was any comments from the audience and there were none. He then declared the public hearing to be closed. Councilman Kiel inquired about the ownership of Blocks No. 530 and 531 (City owned) and where the closest private ownership might be. Mr. Kinzel informed him it was about 5 blocks distant. Mr. Kiel then moved that the vacation be granted as recommended by the Planning Commission. Seconded by Mr. Cleland. Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs, Figenshow. Motion carried. -----------continued next page 392 December 1, 1980 - - - - - - - continued: PUBLIC HEARING ON 1981 .BUDGET FOR CITY OF ANACORTES Mayor Figenshow declared a public hearing to be open to consider the proposed budget for 1981. Manager Olander reviewed the budget process and said the proposed budget was balanced at $7,338,418. The City Council has been meeting once and twice a week to consider the budget item by item and this is the second public hearing to receive in-put from the citizens of the community. As yet, no final decisions have been made on the budget. Mr. Olander advised there were yet three more study session meetings; one at 7:00 p.m. on Dec. 2nd, one at 7:00 p.m. on Dec. 4th and one on Dec. 11th at 7:00 p.m. Final adoption of the budget is scheduled for December 15, 1980. Mr. John Keene, 905 8th Street, then addressed the Council stating he ·was currently a City employee in the Engineering Department and wished to address the subject of the proposed elimination of 7 staff positions. Mr. Keene handed the Council and Manager some information sheets regarding the possible measures to be taken should the engineering department lose the two positions as proposed in the budget. Mr. Keene was of the opinion that there is anticipated $1.5 million in construction in 1981 and without staff inspectors, the City would have to require developers to retain a licensed professional engineer to make inspections to verify adherance to City standards; that the City would have to contract out to consultants the engineering work necessary on public works projects and LIDs; that plan-checking in the Building Dept. would get behind and would have to be sent out to be checked professionally at the owners' expense or contractor's expense; and also, that in-person and telephone inquiries to the engineering department by the public would have to be on an appointment basis only. Mr. Keene also alleged that non-union staff salaries have increased an average of 16% since January of 1979 while union staff members' salaries have increased an average of 12.5%. He suggested a salary increase limit of 12% including cost-of-living allowances, step raises, longevity and merit raises; placing a freeze on all hiring for at least 12 months; postpone the 50% cut in revenue sharing for salaries and, instead, phase out revenue sharing over a period of 3 years and then use all funds made available by these suggestions to reduce the number of proposed staff reductions. Mr. Keene stated he appreciated the Council's concern about finding revenues for expenses and salaries for the City, but eliminating people and cutting services did not seem right when it appeared the Council could find money for reserves and to borrow to purchase such items as the Burlington-Northern depot property. Councilman Rock reviewed Mr. Keene's listing of non-union salaries and asked why all staff members were not listed instead of just a few. Mr. Kiel inquired about the projected increase for non-union employees for 1981 and was advised it had been projected at 12%. He also asked if there was any foreseeable hiring for 1981 and was advised there was one current vacancy in the street department which probably would be filled. Mr. Olander also pointed out that when the City changed from its previous system of salary increases to the new classification plan, the management rante was increased 8% between 1979 and 1980. This new system is now on a pure merit basis and performance evaluation for increases. Mr. Olander also stated that the City was not adding to the reserve funds in the 1981 budget and reviewed several alternatives he had proposed to the Council to find the money for the salaries of the employees including: using revenue sharing money, imposing a higher utility tax, imposing a Business and Occupation tax comparable to what the state charges, and making other budget reductions. I I Gregg Eaton, 5504 Sunset, then addressed the Council and observed that the matter of reduced City services had not been answered. Mr. Olander said this had already been presented to the Council by the Department heads and each one had made a strong case in an effort to retain all the positions. Jim Colley, 4912 MacBeth Drive, addressed the Council and asked whether, without an opportunity to review all the line items in the proposed budget in an open public hearing (because it would take hours), would a person interested in the budget lose his right to protest at a study session. Mr. Colley was advised he certainly could review a copy of the proposed budget at the Library or at City Hall and was entitled to attend any of the budget study sessions and express his views. Councilman Moore stated he understood the employee's evident frustration and believed they had a right to give their views in open public hearing the same as anyone else; he also said he would encourage them to come to the study sessions and bring their in-put. Mr. Keene added that anything he had said represented only his own opinions; that he was not motivated by any vindictiveness, but felt that no one should be laid off to balance a budget. Mayor Figenshow then declared the public hearing to be closed. I December 1, 1980 -- - - - - - - -continued: AWARD OF BID ON LIME Public Works Director, Dave Ford, advised that as a result of a second call for bids for hydrated lime, 4 bids were received with the lowest being from Hemphill Brothers, Inc. at $101.10 per net ton plus $7.50 per pallet. Pallets returnable for full credit. Mr. Ford recommended that this bid be accepted. Motion by Mr. Kiel, seconded by Mr. Cleland, that the bid from Hemphill Brothers, Inc. be accepted as recommended. vote: Ayes--Kiel, Moore, Rock, Kribs, Figenshow, Cleland. Motion carried. I AWARD OF BID ON GRAVE LINERS Park Department Director, Steve Colby, stated that bids were requested from four vendors, but only one bid received from Skagit Vault in Mount Vernon. The price was $75 per liner in lots of 10 liners. This is an increase of $6 per liner over the 1980 cost. He recommended the bid be accepted. Motion by Mr. Cleland, seconded by Mrs. Kribs, that the bid from Skagit Vault be accepted. Vote: Ayes--Moore, Rick, Kribs, Figenshow, Cleland, Kiel. Motion carried. AWARD OF BID ON FERTILIZER Mr. Colby said 11 requests for bid were sent out and only three received back. Bids received were: Turfgo Northwest in the amount of $4,811.48; ESTCH Chemibal for $4,885.00; Nulife Fertilizer for $4,615.00. Nulife's bid did not meet specifications. After some discussion about this being for the 1981 season, motion by Mr. Cleland, seconded by Mr. Moore, that this bid award be deferred until the Council meeting of December 15, 1980. Under the question, Councilman Rock questioned whether it would be proper to defer the award. Mr. Mansfield agreed it would be all right. Vote: Ayes--Kribs, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. RESOLUTION AUTHORIZING EXECUTION OF IAC GRANT CONTRACT After a brief discussion, the Council unanimously agreed to postpone action on this contract until the meeting of December 15, 1980. I RESOLUTION AUTHORIZING EXECUTION OF FRANCHISE WITH SKAGIT COUNTY Public Work Director, David M. Ford, reviewed the background leading to this proposed franchise. In previous years, the City had executed agreements with the County on a road-by-road basis to place water mains in County road right-ofways. After discussion with Skagit County Public Works personnel, it was recommended that Anacortes apply for a blanket franchise which would cover all County roads where the City has, or expects to have, water lines located. Council directed this application be made; the County agreed and granted the franchise. Mr. Ford recommended acceptance of the franchise. Attorney Mansfield read, by title, a resolution authorizing exeuction of the franchise. Motion by Mr. Kiel, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 635. Vote: Ayes--Rock, Kribs, Figenshow, Cleland, Kiel, Moore. Motion carried. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR WATER TREATMENT PLANT FLOOD PROTECTION STUDY Mr. Ford reviewed the steps taken to date toward providing flood protection for the City's water treatment plant which have resulted in the selection of the firm of Moore, Wallace and Kennedy, Inc. to do the necessary study. The Council was provided with a proposed agrement with this firm in which the scope of services, authorization, progress and completion; compensation; responsibility, etc., etc. were all itemized and described in detail. Mr. Ford advised that staff, legal counsel, etc. have reviewed and studied the proposal and have found it acceptable. Funds have been provided in the 1980 and 1981 budgets for this project. Mr. Ford recommended the agreement be accepted. A resolution was read by Mr. Mansfield, by title, authorizing execution of the agreement. Motion by Mr. Rock, seconded by Mr. Moore, that the resolution be adopted and given RESOLUTION NO. 636. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. I APPOINTMENTS TO CITY BOARDS AND COMMISSIONS Inasmuch as there have been several people interested in filling the vacancies on these boards and commissions, Council deferred action until the vacancies could be discussed at the next Council study session. There being no further business to come before the Council, at 10:20 p.m. December 15, 1980 Meeting called to order at 7:30 p.m. by Mayor Figenshow. Roll call found present: Bud Rock, Ka~olyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland Charles Kiel. Mayor Figenshow extended his wishes to the citizens of Anacortes and to the City staff and employees for a very Merry Christmas and his appreciation for a job well done in 1980. MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mr. Separovich, that the minutes of the previous meeting held on December 1, 1980 be approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. CORRESPONDENCE No correspondence was read. CITIZEN'HEARINGS There was no response to Mayor Figenshow's invitation to speak on any subject not on the agenda. I OLD BUSINESS - IAC GRANT CONTRACT Parks Director, Steve Colby, reviewed the past actions of the Council which approved acceptance of a grant from the IAC to help construct new floats and pilings at the Washington Park boat launch. Mr. Colby recommended acceptance of the grant contract submitted by the IAC.' City Attorney Steve Mansfield, read a proposed resolution, by title, authorizing execution of the contract as presented. Motion by Mr. Separovich, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 637. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carriea:--VACATION OF A PORTION OF GEORGI~ STREET_ At their meeting on December 1, 1980, the City Council approved the petition initiated by the Public Works Dept. of the City to vacate that portion of the Georgia Street right-of-way lying south of the south line of 15th Street West and the south line of Section 23. At this point, Councilman Moore entered the meeting. Community Development Director, Ken Kinzel, reviewed the circumstances leading to this vacation request and then Attorney Mansfield read, by title, a proposed ordiannce authorizing the vacation as requested. Motion by Mr. Cleland, seconded by Mr. Kiel, that the ordinance be passed and approved and given ORDINANCE NO. 1843. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. AWARD ·op BID ON FERTILIZER This item was discussed at the meeting of December 1, 1980. Parks Director, Steve Colb-, reviewed the bids received and reiterated that of the three received, the bid of Turfgo Northwest was the lowest meeting the specifications. The bid from Nulife Fertilizer, which was the lowest, did not meet the specifications for nutrients and, therefore, he recommended awarding the bid to Turfgo Northwest. Motion by Mr. Separovich, seconded by Mrs. Kribs, that the bid be awarded as recommended for a total amount of $4,811.48. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. I ANNEXATION OF WEAVERLING SPIT At the meeting of December 1, 1980, Council directed an ordinance be prepared approving the annexation of the area commonly known as "Weaverling Spit". Mr. Kinzel reiterated that staff had no objections to the annexation of the area as proposed. The zoning of the area is to be Commercial Marine and owners of the property are to become liable for their share of the City's indebtedness as it applies to the area. Attorney Mansfield then read, by title, an ordiannce annexing Weaverling Spit and setting forth the zoning, etc. Motion by Mr. Kiel, seconded by Mr. Rock, that the ordinance be passed and approved and given ORDINANCE NO. 1844. Under the question, there was a brief discussion concerning possible County interest in this annexation. The County is well aware of the City's intentions. Vote: Ayes--Kiel, Moore, Rock, Kribs, Figenshow. No--Cleland, Separovich. Motion carried. NEW BUSINESS PUBLIC HEARING - PROPOSED SANITATION RATE INCREASE After briefly describing the procedure, Mayor Figenshow declared a public hearing to be open to consider raising the sanitation rates for the City of Anacortes. Public Works Director, David M. Ford, Jr., stated the City's reasons for considering increasing the rates which, mainly, were increased costs of pickup, dumping, equipment, fuel, etc. which has almost reashed the same level as the revenue derived from City customers. In order to continue the service to residents and commercial accounts in Anacortes, it is necessary to find ways to increase efficiency at lower costs. Mr. Ford described proposing to the Commercial accounts their using larger containers which would be emptied fewer times a week, or even just once a week, to cut down on the time the City would have to devote to that faction of the community, and therefore, reduce the number of trips to the dump, etc. It was the staff's I December 15, 1980 - - - - continued: proposal to review the needs of each and every commercial account to determine the best size container, the number of times it should be emptied; etc. to best serve that customer. He discussed the different size containers; the City's equipment and manpower and showed a view foil graph which compared the costs and revenue of the sanitation department further illustrating the need to raise the rates. I The proposed rate for residential customers if $4.00 per month - up $.50 from the present $3.50 per month rate. There is also proposed a special rate for senior citizens or disabled citizens who meet certain terms and conditions. Application for this reduced rate will have to be made with certification of the necessary criteria. Mr. Ford also described other portions of the proposed sanitation ordinance which had to be rewritten to bring the City's ordinance up to date and in line with present conditions. There was some discussion by the Council members and staff concerning the enforceability of the ordinance and Attorney Mansfield gave the opinion that it was; that it would enable the City to prosecute those who repeatedly violate the regulations. From the audience, Mr. George Wasilewski, Manager of "Skyline Marina, complimented the City employees who pick up the garbage; but said he felt there should be an improved system established to keep track of the number of containers emptied and times they are emptied. The present system, according to Mr. Wasilewski, does not accurately record this information and it costs him more than he should have to pay. Mr. Cliff Heckard, 5601 West "D" Avenue, addressed the Council stating he was associated with the Skyline Marine Owner's Association, and being concerned, he had made a study of the service their condominium has received in Skyline and felt the City was going a good job; with inflation, he understood an increase in rates; he did feel fewer pickups would increase efficiency in some areas, but that smaller containers and more pickups would better serve the condominium. Mr. Joe Park, 4709 Yorkshire Drive, said he was on the Board of Division 18 I I in Skyline and also said the City was doing a good job. His study of the situation related to only what he had seen in Skyline. As a former contractor, he had attempted to determine the cost of the operation and felt the City was making a profit from the sanitation department which subsidized other departments and this shouldn't be done. Mr. Olander assured Mr. Park that State accounting practices prohibited any such subsidation, and pointed out that Mr. Park had not taken into account many expenses such as the cost of dumping at the County land fill and the 30 mile round trip to do so. Also, he pointed out that the City had mailed out notices to each and every commercial account advising them of the upcoming public hearing on the proposed rate changes. Mayor Figenshow urged anyone having problems to contact the City Manager or the Public Works Director. He then declared the public hearing to be closed. Mr. Olander suggested that if the rates are changed, that it not be effective until about the first of April because those who were eligible for the reduced rate would have to make application to the City, etc. Attorney Mansfield read the section of the proposed ordinance pertaining to the reduced rates. The requirements included being the head of a household, age 62 or older or permanently and totally disabled, or blind, or paralyzed or suffering from other condition permanently incapacitating the person from performing any work; also that the applicant had an income for the previous year less than the maximum allowed from Social Security for a single person or, if there were two or more residents in the household, their combined total income was less than the maximum allowed from Social Security for a single person plus 50% of that amount. Any exemption granted under the above conditions would expire on December 31st of each year and renewals would have to be applied for before January 1st of the next year. There was brief additional discussion and Mr. Mansfield read, by title, the proposed ordinance. Motion by Mr. Kiel, seconded by Mr. Moore, that the ordinance raising the sanitation pickup rates and revising other regulations pertaining to the disposal of solid waste be passed and approved and given ORDINANCE NO. 1845. Vote: Ayes--Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. December 15, 1980 - - - -continued: ADOPTION OF 1981 CITY OF ANACORTES BUDGET Secretary passed out to members of the Council and audience a statement concerning the final 1981 budget as presented by the City Manager. Mr. Olander then read it aloud. Briefly, it included information that the budget was balanced at a total of $7,347,302. The total increase in spending over the previous year was .5% while the operating and tax-supported funds showed an increase of onl6 4.8%. Major budgetary goals were achied as follows: no new or increased taxes for 1981; reductions of revenue sharing utilized for salaries and operation; establishment of an equipment depreciation reserve fund; continuation of studies and physical improvements to the water treatment plan to protect it from flooding; upgrading City's waterfront access; Smiley's Bottom Park. Mr. Olander concluded by stating the 1981 budget was austere and necessitated deletion of 4 City positions, but it kept the City fiscally sound and allowed the City to provide the best services possible to the citizens of Anacortes. I From the audience, Mr. Wasilewski commented that he felt if any departments were to be built up, they should be the Police and Fire due to the increased growth of the City, particularly in Skyline. Mr. Mansfield then read, by title, an ordinance adopting the 1981 budget for the City of Anacortes. Motion by Mr. Kiel, seconded by Mr. Separovich, that the ordinance be approved and passed and given ORDINANCE NO. 1846. Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. Mayor Figenshow said the staff and Council were to be complimented on a job well done on the budget. 1981 LABOR CONTRACT WITH LOCAL NO. 347, AFSCME. Mr. Ken Kinzel advised the Council that agreement had been reached with Local No. 347, AFSCME, for 1981. There are no changes in the language of the contract. He recommended acceptance of the new contract. Mr. Mansfield read a resolution by title, authorizing execution of the contract as presented. Motion by Mr. Separovich, seconded by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 638. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. 1981 LABOR AGREEMENT WITH TEAMSTERS LOCAL 788 - SANITATION Mr. Kinzel advised that agreement had also been reached with Teamsters Local 788 for the Sanitation Department; no changes have been made in the language of the contract and it is for one year. Mr. Mansfield read, by title, the resolution authorizing execution of the contract. Motion by Mr. Rock, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 639. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Roc~Motion carried. I As with the 1981 LABOR CONTRACT WITH TEAMSTERS LOCAL 788 - POLICE Sanitation Department, agreement also reached with the Police bargaining unit for 1981. No changes in the language of the contract and the term is one year. Mr. Mansfield read, by title, a resolution authorizing execution of the contract. Motion by Mr. Separovich, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 640. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried. 1981 NON-UNION SALARY SCHEDULE Salary schedule for the non-union employees of the City has been approved by Council. Mr. Mansfield read, by title, a resolution adopting the salary plan for the non-union employees. Motion by Mr. Separovich, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 641 .. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried. 1981 WASHINGTON PARK FEE SCHEDULE Mr. Colby's research and projections for operation of Washington Park for the coming year resulted.in recommendations for revised fee schedule for services at that facility. Council had already studied these revisions. Attorney Mansfield read, by title, a resolution setting forth a new schedule for fees for 1981. There was brief discussion and Mr. Kiel moved that the resolution be adopted and given RESOLUTION NO. 642. Seconded by Mr. Separovich. Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Carried. 1981 CEMETERY FEE SCHEDULE Mr. Colby recommended revising the cemetery fee schedule due to inflationary costs for 1981. Mr. Mansfield read, by title, a resolution authorizing adoption of the new fee schedule. Council had previously studied the revisions. Motion by Mr Cleland, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 643. Vote: Ayes--Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried. I December 15, 1980 - - - - continued: I I I CONTRACT FOR ENGINEERING SERVICES - WASHINGTON PARK IMPROVEMENTS After receiving the grant from the IAC to construct new piers and pilings at Washington Park, the Park Department requested proposals from 14 engineering firms on the design engineering, etc. Mr. Colby stated that out of that number, six were selected for final interview. The proposals renged from $2,800 to $5,500. After talking with representatives of the final six firms, it was his recommendation that the firm of Hammond, Collier and Wade-Livingstone Associates, Inc. be awarded the contract. Mr. Mansfield read, by title, a resolution authorizing execution of a contract with that firm for the proposed work. Motion by Mr. Moore, seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 644. Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried. CONTRACT FOR ENGINEERING SERVICES - RAILROAD RIGHT-OF-WAY ALONG GUEMES CHANNEL Mr. Colby, in accordance with Council direction, secured three proposals from firms to prepare cost estimates on the cost of redevelopment of the railroad right-of-way along Guemes Channel if the City is able to acquire the property from the Burlington-Northern. The City had already received a grant from the Coastal Zone Management to have this work completed. Of the three proposals received, Mr. Colby recommended the firm of ORB Organization. This project is in line with the long range Park Comprehensive Plan for the City of Anacortes. Mr. Mansfield read a resolution, by title, authorizing execution of a contract with the ORB Organization for the work. Motion by Mr. Moore, seconded by Mr. Separovich that the resolution be adopted and given RESOLUTION NO. 645. ·· Vote: Ayes-Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried. Mrs. Kribs commented that when the study is finished, and if it is feasible, perhaps the Port of Anacortes could be persuaded to help the City on the Ship Harbor end of the project. CONT!'{ACT:FOR WATERFRONT PARKS DESI~N SERVlICES Again, in conformance with goals set forth in the Parks Comprehensive Plan, the City secured a grant from the Coastal Zone Management funds to investigate and develop public access points to the waterfront with passive recreational facilities such as tables, parking, signs, etc. There are 5 identified areas: 3rd and "N" Avenue, 4th and "K" Avenue, Railroad Avenue and "O" Avenue, the existing lower Cap Sante area, and the possible availability of property located between Snelson-Anvil and the Port of Anacortes at Cap Sante. To perform this work, Mr. Colby secured three proposals and, after interviews and discussions with the three firms, recommended the firm of Calvin Jordan and Associates as being the most qualified to prepare the master plans for the five identified water access points. Mr. Mansfield read, by title, a resolution authorizing execution of a c"ontract with said firm for the work desired. Motion by Mr. Separovich, seconded by Mr. Rock, that the resolution be adopted and given RESOLUTION NO. 646. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. ESCROW AGENT BOND INDEMNIFICATION - SEA-FIRST BANK Attorney Mansfield advised the Council that this indemnification arose because when the 1978 Refunding Revenue Bonds were issued, two of the seven redeemed issues (1955 and 1957) were subject by Bond Covenants to mandatory early redemption calls from special sinking fund accumulations. A provision for this early redemption was overlooked at the· time of the refunding and so, if a bond owner wished to exerqise the early call privilege, monies theoretically must be transmitted from the City and not the Escrow agent. However, arrangements have been worked out where surplus escrow monies can be used as long as the City guarantees to indemnify the escrow account with Sea-First Bank. Mr. Mansfield assured the Council there was no harm in the City's entering into this indemnity agreement and read, by title, a resolution authorizing exexution of the greement. Mr. Khtaian, Finance Director, gave additional explanation to the Council and agreed with Mr. Mansfield it should be done. Motionl:y Mr. Rock, seconded by Mr. Cleland, that the resolution be adopted and given RESOLUTION NO. 647. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs.~otion carried. AMENDMENT TO 1980 BUDGET - FIREMEN'"S PENSION FUND Mr. Khtaian explained to the Council that as a year-end clean-up measure, the City goes through all funds to see if there are any over-expenditures. There was only one in the Firemen's Pension Fund. The estimate of the 1980 expenditures did not cover by a little over $900. He recommended the adjustment in the amount of $1,000 so the accounts would be correct. December 15, 1980 - - - - -continued: Motion by Mr. Separovich, seconded by Mrs. Kribs, that the proposed Ordinance (read by Mr. Mansfield by title) be passed and approved and given ORDINANCE NO. 1847. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Moti~arried. APPOINTMENTS.TO COMMISSIONS AND BOARDS Manager Olander read a letter directed to the Council from Mr. Richard U. Chapin, legal counsel for the proposed expansion 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 ~o the Park and Recreation Advisory Commission and Dick Threet to the Board of Adjustment. I 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 Adjustment 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 to delete the Council study session on December 22, 1980. There being no further business to come before Council, meeting adjourned at 9:35 p.m. K. S. Fige I January .5, 1981 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 consideration 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. I