December 15, 1980 - - - - -continued: Motion by

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
January
.5, 1981 - - - -continued:
Staff review indicated (1) the subject right-of-way does not contribute to
vehicular or pedestrian circulation patterns or plans of the City; (2) no
lots or parcels would be land-locked if it were vacated; (3) the subject
right-of-way does not lead to a shoreline park or other public lands; (4)
it is not required for public utilities. Mr. Kinzel further advised that
staff had placed a value on the subject land by applying the results of the
appraisal received on recent vacations within the old Scott mill site which
is in the very near vicinity. Mr. Kinzel stated it was staff's recommendation
that Council approve the vacation not publishing or recording the vacation
ordinance until the applicant had paid one half of the appraised value to
the City.
I
From the audience, Mr. Vito Ruzich, owner of Hydraulic Fishing Supply,
720 30th Street, asked for clarification of the location. Councilman Rock
inquired why this piece was not vacated when the rest of the 26th Street
right-of-way in the area was vacated and the reply was it possibly was just
overlooked. Councilman Cleland questioned whether or not this piece of
property might not be of value to the City should the City decide to construck a boat launching facility. He felt it might be used for a parking
area even though it covered only some 7,700 (+~) square feet, and asked
Mr. Kinzel to point out on the map where the City might someday be able to
construct the launching area. Mr. Kinzel indicated Parcel No. 45 as the
possible site. This is a piece of land now in litigation.
After additional discussion, Mayor Figenshow declared the public hearing
closed. The Council then generally agreed that action on this matter should
be delayed until such time as the Council determines whether or not the
subject land might be used by the City.
I
PUBLIC HEARING - AMENDMENT TO REGULATIONS ON BOARD OF ADJUSTMENT MEMBERSHIP
Mayor Figenshow declared a public hearing to be open to consider amending
the City's Zoning Code as it pertains to membership of the Board of Adjustment. Since the City of Anacortes has become a "Code" City, it is no longer
legal for a member of the Board of Adjustment to also be a member of the
Planning Commission. City Attorney Mansfield advised he had drawn up an
ordinance amending the Zoning Code by simply deleting the portion allowing
a member of the Planning Commission to be also a member of the Board of
Adjustment. There were no comments from the audience and no further questions
by the Council. Mayor Figenshow declared the public hearing to be closed.
Attorney Mansfield then read, by title, the proposed ordinance correcting
the City's code. Motion by Mr. Separovich, seconded by Mr. Moore, that
the ordinance be passed and approved and given ORDINANCE NO. 1848. Under
the question, Mr. Cleland asked if it would not be possible to have a
Planning Commission member attend the Board of Adjustment meetings and
act only as a liaison between the two. Mr. Mansfield agreed this would be
possible. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore,
Rock. Motion carried.
Mayor Figenshow then recognized Mr. Vito Ruzich from the audience and
allowed him to give his comments as follows: that the City was badly
in need of a launching area for larger boats; that the urban renewal area
was being vandalized continually and not being properly cared for; some
lights were on, some out; that no one could learn anything about the status
of the lawsuit over a large portion of the land in the urban renewal area
and so on. Mayor Figenshow asked Attorney Mansfi'eld to reply ·to Mr. Ruzich
and Mr. Mansfield advised there was a trial date of March 16, 1981 at which
time it was hoped that all the points of contention would be cleared up and
settled. He explained there were three parties involved; a Mr. Heath
(Alaska Consolidated and Pacific Bering and Seafoods), a Mr. Gregory
(Anacortes Lumber) and the City of Anacortes. There were suits and countersuits; some of which have been resolved, but, hopefully, the rest will be
settled in March.
I
PUBLIC HEARING - REQUEST FOR CONDITIONAL USE PERMIT - LDS CHURCH Mayor
Figenshow declared a public hearing open to consider a request for a conditional use permit by the Church of Jesus Christ of Latter Day Saints.
This permit would allow expansion of their existing church located on "H"
Avenue at approximately 38th Street. Mr. Kinzel explained in more detail
the size of the expansion, the allowances for parking which were far in
excess of what was required, etc. The zoning is RL and churches are permitted
in said zone under a conditional use permit. Mr. Kinzel said the Planning
Commission had considered this request on December 10, 1980 and no comments
for or against had been given at that meeting. Staff review resulted in no
objections to the project as proposed. Both staff and the Planning Commission
recommended to the Council that the Permit be granted.
Representing the Church, Mr. Merwyn Hanneberg of the Architectural firm of
Jones, Enderlin, Denton and Haneberg, 3713 Northeast 46th, Seattle,
4100
January _5, 1981 - - - continued:
addressed the Council andstated Mr. Kinzel had presented their proposal in its
entirety except that they do intend to landscape the perimeter and driveways
of the parking areas. He said he felt the new addition to the church would be
a real asset to the community. Mr. Figenshow then declared the public hearing
to be closed. Motion by Mr. Kiel, seconded by Mr. Separovich, that the conditional use permit be granted so the church could proceed with their project
as proposed. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock,
Kribs. Motion carried.
AUTHORITY TO PURCHASE POLICE VEHICLES Mayor Figenshow said this item would be
delayed until the return of the City Manager.
REQUEST FOR RECONSIDERATION OF AMENDING MOBILE HOME PARK lOACRE LIMIT
Attorney Mansfield reviewed the background of this matter stating that Council
had previously held a public hearing on a proposed amendment to the zoning
code which would delete the maximum size of a mobile home park (10 acres).
He stated there has now been a request to reconsider their denial of this
amendment and possibly consider an amendment raising the size from 10 acres
to 20 acres. He cautioned the Council that they would have to decide
whether or not they wanted additional in-put and, if so, they would have
to set a public hearing date before any additional consideration could be
given. Councilman Kiel then stated that for the sake of expediency, he would
move that the Council reconsider the matter and set a date for a public
hearing. Seconded by Mr. Cleland. Vote: Ayes--Cleland, Kiel. No-Figenshow, Moore, Rock, Kribs, Separovich. Motion failed.
I
ANNOUNCEMENT OF VACANCIES Mayor Figenshow announced that there were vacancies
on the Anacortes Housing Authority Board and the Library Board and asked if
there was anyone in the audience who wished to comment or give any suggestions
for filling these positions. There were no comments.
COMPLAINTS
Councilman Separovich said he had received a number of calls
concerning the increasing number of skunks within the City limits. He said
he would like to discuss the problem at a study session. Secretary was
instructed to add this item to the next study session agenda along with the
subject of rats.
COMMENT FROM AUDIENCE Mr. Gary Klokenteger addressed the Council and said he
would like to make a presentation to the Council to support the concept that
a 10-acre mobile home park could not be constructed by a developer without
going "in the red". He showed documentation for the authenticity of his
figures and showed lists indicating the requirements of the City regarding
amount of land for roadways, open space, etc.; utilities and other development requirements. He then converted this information into dollars and compared the costs of a 10-acre park with a 20-acre park. Mr. Klokenteger said
it appeared to him and his clients that the citizens of Anacortes wanted a
mobile home park, that it had the support of the Planning Commission and city
staff and also was part of the City's Comprehensive Plan's goals, yet the
Council would not reconsider their decision. Council was presented with a
statement objecting to the changing of the 10-acre limit on mobile home
parks signed by 109 persons. There was brief discussion after this
ation and meeting adjourned at 8:45 p.m.
I
January 19, 1981
Meeting called to order by Mayor Figenshow at 7:30 p.m. Roll Call found
present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Knute
Figenshow. Chalres Kiel and Ken Moore entered shortly thereafter.
MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mr. Cleland
that the minutes of the previous meeting held on January 5, 1981 be approved
as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland.
Motion carried.
CORRESPONDENCE City Manager Olander read a letter received from counsel
representing a party wishing to develop Burrows Island requesting that the
City furnish water to that area. Mr. Olander suggested this request be
discussed at a Council study session.
I
January 19, 1981
-continued:
CITIZEN HEARINGS In response to the Mayor's invitation to speak on any item
not on the agenda, Mr. Pres Holton, 2320 11th Street, addressed the Council
asking about the traffic lights on 6th and 8th Streets. Mr. Ford, Public
Works Director, informed Mr. Holton that these lights were being made semiautomated and pedestrian buttons installed so the lights will remain green
for Commercial Avenue travel unless activated on the side streets.
I
OLD BUSINESS AUTHORIZATION TO PURCHASE POLICE VEHICLES Police Chief, Tony
Lippe, addressed the Council and added to the information furnished the Council
that the:vehicles now being used as first line have over 70,000 miles on them;
that the State. Patrol have chosen the Dodge Diplomat for their organization
and it is his recommendation that the City purchase this same make. There
followed considerable discussion of the previous equipment, present needs,
financial considerations, etc. surrounding the proposed purchase. Mr. Lippe
pointed out that the State contract runs only until April 1, 1981. Motion
by Mrs. Kribs, seconded by Mr. Separovich, that the City purchase one Dodge
Diplomat now and order a second just prior to the expiration deadline of the
State contract. After additional discussion, vote: Ayes--Kribs, Separovich,
Figenshow, Cleland, Kiel, Rock. No--Moore. Motion carried.
NEW BUSINESS PUBLIC HEARING - PROPOSED ORDINANCE REQUIRING PARKING LOT LANDSCAPING
After briefly reviewing the procedure for a public hearing, Mayor Figenshow
declared a public hearing open to consider requiring parking lots be landscaped.
Mr. Kinzel, Community Development Director, advised the Council that this proposal
originated with the Planning Commission; that they have studied the matter; that
there are currently no landscaping provisions for parking lots. The proposed
ordinance would exclude landscaping requirements for single family residences,
duplexes and tri-plexes, but would include landscaping and buffering requirements
for utility sub-stations and communications relay stations. Mr. Kinzel said
staff had investigated parking ordinances of other communities and found the
requested requirements to be reasonable. Mr. Kinzel then read the complete
proposed ordinance and stated he felt it would be simple to adminster.
I
I
There were no questions from the audience and Mayor Figenshow asked for comments
from the Council. Mr. Rock said he could see a need for it in certain areas,
but felt there should be alternatives for the.downtown area where landscaping
would decrease the number of parking stalls available in small lots. Mr. Cleland
was of the same opinion. Mr. Separovich said he felt all businesses should do
what they could for beautification. Mr. Rock and Mr. Figenshow said they felt
it should be discussed at a study session and in reply to Mr. Moore's question
as to how the matter was brought to Council as a public hearing, Mr. Mansfield
explained that anything which could be an amendment to the zoning code had to
be under a public hearing and, under the Appearance of Fairness Doctrine, the
Council could not be allowed to study it previously. There was additional
discussion concerning the content of the proposed ordinance and Mr. Mansfield
advised it would be legal for the Council to continue the public hearing to
their next study session night. Motion by Mr. Kiel, seconded by Mr. Rock, that
this public hearing be continued to the study session night of February 9, 1981.
Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moo~e, Rock, Kribs. Carried.
PUBLIC HEARING - PROPOSED AMENDMENTS TO ZONING CODE REGARDING RESIDENTIAL MEDIUM
ZONE USES Mayor Figenshow declared a public hearing open to consider proposed
amendment.s to the zoning code regarding allowed uses in Residential Medium (RM)
zones. Mr. Kinzel advised that the Planning Commission had reviewed the conditions and requirements currently ex isting in the zoning code related to
developments in the RM zone and suggested that triplexes and fourplexes be
permitted by conditional use only; that rooming houses and boarding houses and
structures containing more than 4 units be eliminated and the overall density
requirement of 9 units per gross acre be eliminated. Mr. Kinzel explained that
the "gross acre" included the land adjoining lots to the center of the abutting
streets. Mr. Kinzel said it was the Planning Commission's intent to preserve
the single family character of those areas which are already mostly developed
as single family. He pointed out on the zoning map that the RM zone is one of
the larger zones in the City and said that much of it is undeveloped. He also
pointed out that in the past 5 or 6 years, there has been only 16 duplexes,
5 triplexes and 7 fourplexes built in Anacortes.
Mayor Figenshow asked for comments from the audience and Mr. Buehl Berentson,
3307 "H" Avenue, addressed the Council. He stated he was beginning to suspect
ulterior motives in these proposals; that he would like to find out where they
are coming from and that there are people from other parts of the country who
would like to come and live here, but the requirements are getting entirely
out of hand. Mr. Bud Atterberry, 3320 Commercial, said he seconded everything
Mr. Berentson had said and that he felt the whole concept of the proposed
ordinance was out of order.
January 19, 1981 - - - - -continued:
Mr. John Lynch, 1705 11th Street, said he felt the Council should look the
City over and take note of the amount of sub-standard housing in the City;
that such an ordinance would prohibit contractors from building anything
better. He agreed with Mr. Berentson and Mr. Atterberry.
Don Coughlin, 417 38th Street, pointed out that the Comprehensive Plan and
Zoning ordinance were the result of more than a year's work by a number of
people in the community and that the multi-family housing allowances were
put in for specific reasons - including that the RM zone was the only area
left where multi-family housing might be built. He said he did not feel
the City would be solving any of the housing problems by changing the codes
and that the Comprehensive Plan and Zoning Code should be left as they are.
He implied that there were factions at work to insure that development in
the City be only as they desired.
I
Al Carpenter, 806 38th Street, said he was of the same opinion; that ·he
firmly believed that all the time and effort which had been put into the
Comprehensive Plan and Zoning Ordiance had resulted in good documents and
to make changes would only cause more problems.
Mrs. Elaine Lynch, 1705 11th Street, read from the current zoning code
under the Powers and Duties of the Planning Commission, " .... it may make
surveys, analyses, researches, and reports as are generally authorized
or requested by the Council." and asked whether the Council had requested
the Commission to make the subject report. There was no reply from the
Council.
Mayor Figenshow then requested comments from the Council and Mrs. Kribs
asked where multi-family houses could be built if they were not allowed
in the RM zone. She was told they could only go into higher density zones,
perhaps the RH or RH2A. Mr. Kinzel pointed this out on the zoning map
(in red) which appeared to be a very small zone. Mr. Kiel asked what
kind of conditions could be attached to ,a conditional use permit if one
were granted under this proposed ordinance and Mr. Kinzel said he did not
know of any special conditions which would be attached to a permit; that
the Planning Commission was more concerned about controlling the siting,
locations, of the triplexes and fourplexes in their relationship to existing
areas which are already predominantly single family. Mrs. Kribs siad she
felt this matter should also be continued to a study session. Mr. Olander
said he had attended some of the Planning Commission meetings and had the
impression they were concerned about such things as traffic volume and
circulation, overalll density, etc. caused by multi-family dwellings,
and felt the Planning Commission and Council should have the opportunity
to look at those factors in granting permits to build; that they were not
trying to cause more problems. This was his general impression. Also,
that it takes at least four votes in the Planning Commission to pass a
recommendation, so it is not likely to be just one person's opinion.
I
Mr. Moore responded to some of the comments from members of the audience
and said he did not think it was right for someone to come before the
Council and make references to one particular person as influencing the :
actions of the Planning Commission. He then asked for additional
explanation concerning the deletion··of the 9 units per gross acre requirement and Mr. Kinzel explained this would have the result of decreasing
the density and read from the code the square footage requirements for
the various kinds of housing.
Mr. Moore then moved that this matter be continued to the study session
date of February 9, 1981, seconded by Mr. Separovich. Vote: Ayes-Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried.
Mr. Kiel suggested that all the Planning Commission members should also
meet with the Council on that date and Mayor Figenshow asked the City
Manager to write a letter so inviting the Commission.
CONSIDERATION OF PLACING CAUSLAND PARK ON THE NATIONAL REGISTER OF
HISTORIC PLACES Director of the Library, Doug Everhart, was not able to
be at the meeting and, in his place, Mr. Olander advised the Council that
during the last couple of years Causland Park had been nominated to be
put on the National Register of Historis Places and that the City had now
received a letter from the State Commission saying it will be considered
sometime in February. It was recommended that the Council pass a motion
supporting the nomination. Motion by Mr. Rock, seconded by Mrs. Kribs,
that Causland Park be nominated to the National Register of Historic
Places. Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich,
Figenshow, Motion carried.
I
January 19, 1981 - - - - -continued:
I
COMPUTER LEASE/PROGRAMMING CONTRACTS Finance Director, George Khtaian,
said that after Council approval, contract negotiations had been conducted
for lease of an IBM System 34 computer from Data Processing Enterprises
of Seattle and for program implementation services from Computer System
Design, Yakima. The Council was furnished with copies of the proposed
contracts and advised of the costs involved. After brief discussion which
pointed out that after all was said and done, the net cost to the City per
month would be only slightly more than the cost of the present system.
Also, that operator training was included in the quoted price; that the
programs would be received at a much lower cost from the City of Ellensburg.
Mayor Figenshow commented that Mr.Khtaian had negotiated a good change.
Mr. Mansfield then read a proposed resolution authorizing execution of
the equipment rental agreement on the computer. Motion by Mr. Separovich,
seconded by Mr. Rock, that the Resolution be adopted and given RESOLUTION
NO. 648. Vote: Ayes--Kiel, Moore, Rock, Kribs, Separovich, Figenshow,
Cleland. Motion carried.
Mr. Mansfield then read a proposed resolution authorizing and directing
a letter of understanding and a computer program rights agreement with
Computer Systems Design, Inc. on the software and programming for the
computer. Motion by Mr. Separovich, seconded by Mr. Rock, that this
resolution be adopted and given RESOLUTION NO. 649. Vote: Ayes-Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried.
APPOINTMENT TO HOUSING BOARD Mayor Figenshow recommended that Mr. Nick
Petrish be re-appointed to the Anacortes Housing Board after completing
the term of Mr. Van Horn who assed away. Mr. Figenshow said no other
names had been submitted for this potion. Motion by Mr. Separovich,
seconded by Mr. Rock, that Mr. Petrish be appointed to fill the vacancy
on the Housing Board. Vote: Ayes--Rock, Separovich, Figenshow, Cleland,
Kiel, Moore. Abstained: Kribs. Motion carried.
I
Mr. Separovich then asked for a report on the status of the matter of
doing away with the old Townsend Hall at 12th and "O" Avenue. Attorney
Mansfield said he had had no success in getting service on the owner,
Chris Demopoulos, and if this cannot be done, he would get a Court Order
allowing public service in order to proceed with getting it torn down.
In the meantime, the animals inhabiting the premises are being trapped.
Mayor Figenshow reported he had had discussion with the acting director
of the State ferry system and the State has taken steps to enlarge their
parking area at the ferry terminal and welcomed Mr. FigenshowJs suggestion
of possibly double-decking the area.
From the audience, Mr. John Garrett, 1113 12th Street, gave a vivid
account of his experiences with the animals residing in the old Townsend
Hall and said he would appreciate having a health department official
present when and if it is ever torn down.
There being no further business to come before the Council, meeting
adjourned at 9:15 p.m.
Ida
February 2, 1981
Meeting called to order by Mayor Figenshow at 7:30 p.m. Invocation was
offered by Reverend Al Gamble of the Church of the Nazarene. Roll Call
found present: Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel.
Karolyne Kribs, Ken Moore and Bud Rock were excused.
I
· MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Cleland,
that the minutes of the previous meeting held on January 19, 1981 be approved
as if read. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel. Motion carried.
CORRESPONDENCE City Manager, Robert Olander, read copy of a letter received
by the Council addressed to the Burlington-Northern Railway Company from the
Anacortes Arts and Crafts Foundation in which the Foundation expressed their
appreciation to Burlington-Northern for selling the depot property to the City.
February 2, 1981 - - - - -continued:
CITIZEN HEARINGS There was no response from the audience when Mayor Figenshow
invited anyone to speak on any subject not on the agenda.
OLD BUSINESS
There was no old business to be considered by the Council.
NEW BUSINESS CONTRACT WITH SKAGIT COUNTY FOR SENIOR SERVICES Parks and Recreation
Director, Steve Colby, addressed the Council and stated the proposed contract
for senior citizen services for 1981 was basically the same as executed for 1980.
The rental charge for the Community Center facilities is somewhat higher than for
1980 leaving a balance of $12,638.00 to the County for their administration
of the senior citizens program in Anacortes. City Attorney Mansfield then
read, by title, a resolution authorizing execution of the contract with
Skagit County. Motion by Mr. Separovich, seconded by Mr. Kiel, that the
resolution be adopted and given RESOLUTION NO. 650. Vote: Ayes--Figenshow,
Cleland, Kiel, Separovich. Motion carried.
I
SPHERES OF INFLUENCE POLICY Mr. Olander addressed the Council on this
subject and reminded them that last year the Council had passed an interim
"sphere of influence" policy in conjunction with Skagit County which has
now expired. The County has again requested the cities of the County to
agree to a procedure wherein the County and the respective cities would be
informed of proposed actions on either side concerning land use and development-related decisions. Mr. Olander said that also there recently arose
another issue - the proposal of a Boundary Review Board, but the cities of
the County were opposed to such a Board feeling that they could .work for
mutual planning through a joint "sphere of influence" agreement. The
County now feels that in the long run, the best way to handle any boundary
problems between the cities or County is by the spheres of influence policy.
Mr. Olander further explained that he felt this was the first step toward
more detailed planning coordination between the cities and the County in
how to deal with problems of growth and recommended that the Council adopt
the proposed policy.
There followed a discussion with the Councilmen
giving their views and opinions and asking a few questions; one being who
would administer the policy on behalf of the City of Anacortes. The reply
was that it would be done by the City Community Development Director, Ken
Kinzel, with the more significant matters to come before the Council.
Mr. Mansfield then read, by title, a proposed resolution establishing a
Joint Sphere of Influence agreement between Skagit County and the City of
Anacortes. Motion by Mr. Separovich, seconded by Mr. Cleland, that the
resolution be adopted and given RESOLUTION NO. 651. Vote: Ayes--Cleland,
Kiel, Separovich, Figenshow, Motion carried.
I
PURCHASE OF VEHICLES FOR PUBLIC WORKS DEPARTMENT Public Works Director,
David M. Ford, Jr., addressed the Council concerning the purchase of three
vehicles for the Public Works Department as budgeted in the 1981 budget.
The vehicles are: a 1-ton flat bed for the sewer treatment plant, replacing a pickup at the water treatment pland and an automobile for the
Public Works Director. Mr. Ford stated he had researched the prices under
the State contract and had found that the City could probably do as well
or better by calling for bids on the two trucks, but possibly the automobile could be purchased for less under the State contract. He asked
for Council's direction in the matter. After a brief discussion in
which several Council members, with the agreement of Mr. Ford, expressed
the opinion that the local dealers should be given an opportunity to bid
on the vehicles. Motion by Mr. Kiel, seconded by Mr. Separovich, that
the staff be authorized to call for bids on the vehicles for the Public
Works Department. Vote: Ayes--Kiel, Separovich, Figenshow, Cleland.
Motion carried.
Mayor Figenshow then asked Mr. Olander to review the previous items heard
under public hearing at the last Council meeting and Mr. Olander stated
that concerning the proposed changes in the uses under the RM zoning and
proposed changes in landscaping requirements being changes in current
ordinances, they were brought to the Council for public hearings rather
than previously at a study session. During the public hearings on
January 19, 1981, the Council postponed any decisions and continued the
public hearings to the meeting of February 9th and invited the Planning
Commission to attend. Mr. Olander said a.letter subsequently received from
the Planning Commission questioned the appropriateness of the Commission
members attending the continuation meeting. Discussion with the City
Attorney and among themselves resulted in the Council concurring that it
was not necessary for the Planning Commission members to attend the
continuation of the public hearings, and, there is specific information
the Council desires from the Planning Commission,they could request it
in writing. Council agreed with the Planning Commission, however, that
sometime in the near future, it would be useful to meet with the
Planning Commission for a discussion about planning in general. Also,
I
February 2, 1981 - - - - continued:
i f and when the City Council has another "goal-setting" session, it would
be appropriate to invite the Planning Commission members.
Mr. Separovich commented that due to the "tightness of money", it might
be a good idea for the Council to have a meeting and review the financial
situation of the City.
There being no further business to come before the Council, meeting
adjourned at 8:10 p.m.
I
February 9, 1981 (Special Meeting)
Meeting called to order at 7:30 p.m. by Mayor Figenshow. Present were
Knute Figenshow, Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland,
Charles Kiel, Ken Moore.
Mayor Figenshow explained this meeting was to continue the public hearing
on proposed changes in uses in the RM zone. He declared the public hearing
open and asked Mr. Kinzel, Community Development Director, to review previous
testimony given on this matter.
I
Mr. Kinzel stated the Planning Commission recommended that construction of
triplexes and fourplexes be subject to a conditional use permit only in
the RN zone. The current code allows these as outright uses. The Planning
Commission also recommended that rooming houses and boarding houses containing more than 4 units be eliminated in the RM zone and that the overall
density requirement, as it now exists of 9 units per gross acre be eliminated.
Mr. Kinzel stated the PlanningCommission made these recommendations after
considering the impact of fourplex.units on single family residential areas.
Their intent was to alleviate the impact of higher density in existing
residential neighborhoods and, through the conditional use process, to
allow them to be located in areas that are not already substantially
developed by single family units.
Manager Olander asked.Mr. Kinzel to also briefly review the history of the
current zoning ordinance and how it was developed. Mr. Kinzel did so and
said that when the RM zone was considered, it was primarily single family
with some mixture of medium and higher density uses. At the time, the
connnunity was recognizing some of the changes in the housing market; the
high cost of constructing single family units and it could be seen -that
there would be a higher demand for higher density uses. Therefore, the
RM zone was one of the larger zones that exists in the City as far as land
use is concerned as compared to some of the other zones.
Mr. Figenshow then recapped where the previous public hearing left off and
said that some accusations were made against the Planning Commission resulting in the Commission being invited to this meeting; then, after reconsideration, it was felt that would not be a good idea. Mr. Figenshow then voiced
some observations about the formation of the Comprehensive Plan of the City
and said that if the economic situation today were the same as when it was
formed, there would be the same concerns now being considered. He said he
felt the Planning Commission was making their recommendations under their
basic function of long range planning; that the Comprehensive Plan and
zoning ordinance were good documents, but perhaps some changes needed to be
made.
I
Mr. Olander then read a letter from Mike Wysk, Jr. who said he was against
any and all changes in the current zoning laws; and a letter from Robert G.
and Elizabeth Yates, 606 Longview Ave., indicating they supported the
Planning Commissions recommendations. Mr. Olander also stated it was his
understanding that the Planning Commission felt the RM zone should be basically
single family and that the building of fourplexes in such a zone might make
some problems for some neighbors and these neighbors should have the chance
to express their views and/or objections if they have any - hence their
recommendations.
Mayor Figenshow t_hen asked for comments from the audience and Mr. Vernon Lewis
610 Longview, Anacortes, said he got 32 signatures endorsing the Planning
Commission's recommended changes in an area of about 3 blocks. Mr. Jim Joy,
February 9, 1981 - - - -continued:
618 Hillcrest, said he thought ·it would be a good change and ended up getting 136
signatures from many different areas in the City's RM zone supporting the
proposed changes. Mrs. Margaret Murhpy, 1020 "E" Avenue, gave as part of her
background, service of 8 years on the Planning Commission in San Jose, California,
and said the Council was to be congratulated in getting this issue before _the
public. The zoning ordinance, made 2 years ago, wisely made provision for changes
Section .01 states: This text and map is not intended to be the final word on
zoning in Anacortes. When changes occur and shortcomings are found, amendments
should be made so the Ordinance does not become outdated or unrealistic." She
also quoted from sub-sectie>n a, ~'Title and Purpose", ... The Ordinance is designed
to assist in orderly community development, conserve the value of property
and safeguard the public welfare by: - -encouraging the most appropriate and
compatible uses of land; - - " It was Mrs. Murphy's feeling that triplexes
and fourplexes would not be compatible with already predominantly single
family neighborhoods. She also recited a number of other zones where they
are permitted and said there was no scarcity of zones where they could be
built~
She then suggested that (1) the Council study, block by block, the
M zone and possibly create a new zone (RL-2) for those areas where duplexes
should be the highest interest; or (2) require, as proposed, a conditional
use permit with spelled out criteria so land owners or developers will know
exactly where they stand.
I
Mr. Clarence Dean, 624 Hillcrest, stated there were a lot of people who did
not know when the old zoning of R-1 became RM. Mr. Bob Boomer, 3817 Terrace
Drive, said he believed the proposed approach is wrong and not in the best
interests of the City to use the conditional use permit as it is temporary
in nature. He said he thinks the Comprehensive Plan should be changed or
areas rezoned to protec the specific areas.
Mr. Bud Atterberry, 34th and Commercial, said he was against the proposed
changes because there isn't much duplex or triplex property left for sale.
Mr. Bill Sanford, 3910 "Q" Acenue, said he felt that 90% cif the property
is already taken in RM zones and what little was left certainly couldn't
bring in that many more people.
Mr. Jim Joy again addressed the COuncil and said he believed the people
should protect what they have; that multi-family housing in single family
zones would be downgrading the property; that the Planning Commission had
done a good job and the residents of Anacortes should support them and
pass the proposed changes.
I
Mr. John Hammons, 615 Hillcrest, said he felt the conditional use process
would be a good protection ... if neighbors did not want a multi-family unit
next to them, they could object to the issuing of a permit; he feels most
people. don't want duplexes or triplexes next to them; he knows of one
spot in his area that if such housing were built on it, it would be spoiled.
At this point, Mr. Figenshow asked Mr. Kinzel to briefly explain the conditional use permit process and Mr. Kinzel said that in some zones the
conditiona use process is required. Application is made to the City for
some specific use in a certain zone, the application is referred to.the
Planning Commission for their review and recommendations. The Planning
Commission can recommend special conditions be attached to the permit to
mitigate any specific impacts on the particular neighborhood. The City
Council then holds a public hearing and considers the recommendations of
the Planning Commission and the input from the public hearing and then
denies or approves the application.
From the audience, Rieta Main questioned the regularity of the change
proposals and what happens when a person buys a piece of property in
a certain zone with the intent of building multi-housing and then the
zone is changed prohibiting it. Manager Olander responded by stating
that as circumstances and conditions changed, there would be requests
for zoning amendments and changes. He also said it was his subjective
opinion that the community did not really realize what was allowed in
an RM zone. The issue of persons who have purchased land in a specific
zone with certain .plans is a problem any time there is a zone change
because whenever a zone is changed, some people feel it will benefit
while others will not feel it is a good change and be hurt.
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February 9, 1981 - - - continued:
Mayor Figenshow then commented that he would hope that the Comprehensive
Plan and the implementing ordinance, under which the City operates, would
be updated at least once every 5 years.
Chuck Bryson, 616 Hillcrest, asked how many are notified around the area
when an application for conditional use permit is submitted to the City.
Mr. Kinzel replied that it is just the immediate neighborhood; there is
no set specific distance in the code.
I
I
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Mr. Jay Smith, Skyline, asked Mr. Kinzel if he knew how many people would
say:"yes, we would like to have a fourplex built in our neighborhood". It
was Mr. Smith's opinion that there.would never be one fourplex built in
this City (or a triplex either) in the RM zoning; so he asked, where would
they be built? In RH?, which is not the best use of that land, that would
be apartments; so why doesn't the Planning Commission find someplace that
cari be upgraded and give some areas where triplexes and fourplexes can be
built?
Mr. Don Coughlin, 417 38th Street, agreed that there is only a couple of
sites in the Hillcrest area where this type of project could be built.
He reiterated his former statem~nt .that he felt the City's Comprehensive
Plan and Zoning Orc_linai:ice were· good, workable documents to help achieve
the City's goal of average moderate growth. The only reason to change
either document would be to prevent uncontrolled or accelerated growth
beyond that intended goal. At present, the City is not growing as it should,
it has digressed into a sub-standard growth pattern which has been bad for
the City financially. Even today, other taxes and revenue sources are
under consideration by the Council to meet maintenance of present City
expenses. Anacortes' tax base is not growing to meet the projected
revenues that would have been available if the growth and population
had been anywhere near the projections of the 1960 study by the Graham
Company. There has been a net frowth of only 613 people in 20 years.
This City is not growing at the same rate as the County; in 1960 there
were3,005 dwelling units in the City, today there are 3,954 dwelling units
for an increase of 1.2% a year, or about 47 dwelling units per year. The
projections were 43% increase over the 20 year period. The actual growth
factor was less than 31% in dwelling units. There were 565 building
permits applied for since 1975. 5% of those were multi-family - duplexes
to fourplexes. The majority of those were situated at Skyline. There has
been exactly 2 building permits in the RM zone since the time the Comprehensive Plan was formed and made the guidelines for the City. So, considering that the original Comprehensive Plan projected a growth of 44%
in population and we have experienced 6.8% over the past 20 years, considering the projected 1380 residential units to be constructed and we
have had about 950, more or less; and considering that 95% of the construction over the past 5 years in Anacortes is single family residences,
Mr. Coughlin stated his conclusion only could be that the City is in
regressive growth. If the recommendations of the Planning Commission go
unchallenged and they are approved, the possibility of no-growth will be
increased in this City and bring it closer to bankruptcy. He feels the
City and its developers, builders and City staff should be given the tools
spelled out in the present Comprehensive Plan and Zoning ordinance. He
also said he had looked and found only a very few locations inside the
City where multi-housing could be built. There must be growth in order to
pay the bills for the town.
Tom Mon~gomery, 1120 8th Street, asked Mr. Coughlin who, besides real estate
developers, want more than 613 new people in the town in the last 20 years
anyway. Coughlin replied he could think of a lot of people, but most
assuredly running a City of the size of Anacortes requires a considerable
amount of growth; that in square miles, Anacortes is almost the size of
Everett. Coughlin then asked how many present had actually read the
Comprehensive Plan and Zoning ordinance.
Mr. Vernon Lewis again addressed the Council and said he still believed most
of the residents in his area were against having multi-family housing in
their neighborhood. He did agree with Mr. Coughlin's figures, however,
and said one thing that always worried him was that a lot of people would
like to make Anacortes a retirement town; the residents were not overly
interested in businesses; they would like to make it the boating capital
of the world; that years ago Publishers employed 450 to 500 people; Scott
Paper was here and now they're gone; Publishers has only about 180 and
maybe soon, none; and as long as these type things occur, there will be
no real financial growth, the City will continue to decline. If people
move out and retirees move in, there still must be things for people to do
February 9, 1981 - - - continued:
and places for people to live. Wherever areas are opened for building, there are
problems; why can't there be specific areas for multi-housing? At present,
everyone is just concerned about where he or she lives. So far, every new
area is designated just for single families.
Jim Joy asked if acreage in a RM zone could be developed under the Planned
Unit Development process like Stittwood was and Mr, Kinzel said it was ·
optional; it could be developed pursuant to the PUD process. Mr. Joy said
he felt the amendment, as proposed, was needed in the RM zone.
Mayor Figenshow then called for comments from the Council. Mrs. Kribs said
she had received several phone calls from people complaining that they thought
they had bought property in single family areas only to find out that it could
be multi-family; that to make the City grow, there should be more business
coming instead of more multi-family dwellings; that other areas in town
should be rezoned for multi-family dwellings; why is everyone worrying
about the population growing; (her answer was because of money), etc. She
has not yet made up her mind about the proposals. She has not had any calls
from people saying they wanted multi-family housing next to them.
I
Tom Cleland asked Bob Hogg, Planning Commission Chairman, whether the
Planning Commission during their deliberations, had gone out and talked to
any neighborhoods where a fourplex had been built to see if there were any
problems. Mr. Hogg replied he could speak for only one person on the
Planning Commission and that was himself. But he understood that some of
them did, to some extent; but there are not that many to visit. Cleland
asked what types of things did the Planning Commission have in mind in
trying to protect the single family areas and Mr. Hogg again said he could
speak only for himself, and his thoughts were primarily not to prohibit
construction of multi-family units, but to control their location because
there were some good locations and some bad locations. He said the Conditional Use process would give the Council this control.
Councilman Kiel asked Mrs. Murphy to repeat her suggested solutions and
she did. Mr. Coughlin again addressed the Council and said he wished to
clear the air concerning the role of the realtors in town - that they did
not write the Comprehensive Plan and zoning ordinance, but they use them
probably more than anyone else and that it is the realtors' job to safeguard
the personal property rights of property owners; the realtors are not
developers or builders. Mr. Separovich said he felt the Council should
review the different areas in the City and would like to see a special
committee formed to do so.
I
One or two other realtors gave their views to the effect the Comprehensive
Plan and zoning ordinance should remain as it is (Al Carpenter, Bud
Atterberry, John Lynch). Mr. Rick Dickson expressed the opinion that the
quality of housing is what property owners look for and, somehow, multifamily housing gives the indication of downgrading a neighborhood. He
pointed out the square footage necessary for triplexes and fourplexes
and reiterated that there very few places in town where this much land
is available. He also pointed out that a few years back the federal
government encouraged multi-family housing interspersed with other
housing so they would not be just in one place.
Mayor Figenshow, at this point, said he felt the Council should not take
any action on this matter at this time and should study what areas are
available for development and if there are not many, should explore other
areas. He then declared the public hearing to be closed.
There followed general discussion among the Council members and staff and
members of the audience resulting in action to be delayed until a later
date after additional study.
CONTINUATION OF PUBLIC HEARING ON PARKING LOT LANDSCAPING REQUIREMENTS
Mayor Figenshow declared the public hearing to be open and asked Mr. Kinzel
to reivew the previous testimony on this matter. Mr. Kinzel stated the
Planning Commission had forwarded the suggested ordinance to the Council
which would provide some amenities to off-street parking areas that
might be required to new developments in various areas of the City. The
ordinance is simple and would be easy to administer and calls for 5-foot
perimeter planting strips around the boundaries of the parking lots and,
in other areas, would require 1 square foot of landscaping for each 100
square feet of paved areas. Also, landscaping areas would be required
at the end of parking rows. He then described an example and indicated
the decrease in the number of parking spaces due to the requirements. It
was Mr. Kinzel's opinion that there could be revisions in the ordinance
I
February 9, 1981 - - - -'continued:
to alleviate this problem somewhat. One way would be to allow the 5-foot
planting strip to be placed between the sidewalk and the property line - in
other words, in the public right-of-way. Further examination of parking
areas show there are some "dead" spaces - like in corners - which could
be landscaped to satisfy the requirement. Another mit~gation would be to
eliminate the requirement of landscaping at the end of the rows which would
save 4 parking spaces on a double row. He then reviewed the square footage
required for parking spaces.
I
Mr. Olander gave further detailed explanation of the proposal. (unable to
hear clearly on tape) There were questions by the Council replied to by
Mr. Olander and additional comments by the Council. Mr. Hogg said that
the Planning Commission was looking at the proposal from the esthetic point
of view and wished to upgrade the appearance of the City. In his opinion
the City engineering staff should look at the proposals and revisions as
mentioned by Mr. Kinzel and the most effective ways to do it; that he and
the Planning Commission merely expected that if the concept was appealing
to the Council, they would certainly then want to make a greater study of
it and come up with something that would be acceptable. Mayor Figenshow
said he would hope that something could be developed for beautification
which would not use too much of the available land. There was some
additional discussion among the Council members of possible requirements,
etc. with staff members and Mr. Hogg. All resulting in Council's request
of staff to do further study and see if a proposal might be developed
allowing smaller parking lots and larger parking lots to have landscaping
in proportion to their size, etc. Mayor Figenshow declared the public
hearing closed.
Meeting then adjourned to a study session.
(foregoing minutes
~
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February 17, 1981
In the absence of Mayor Figenshow, Vice-Mayor Ray Separovich called the
meeting to order at 7:30 p.m. Roll Call found present: Bud Rock, Karolyne
Kribs, Ray Separovich, Tom Cleland, Charles Kiel and Ken Moore. Knute
Figenshow was excused.
Invocation was offered by Reverend Bachman of the
Westminster United Presbyterian Church.
MINUTES OF PREVIOUS MEETINGS Motion by Mr. Rock, seconded by Mr. Cleland
that the minutes of the meetings held February 2, 1981 and February 9, 1981
be approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Cleland,
Kiel, Moore. Motion carried.
CORRESPONDENCE There was no correspondence to be read; however, Mr. Separovich
read a Proclamation declaring the month of March, 1981 as Red Cross Month
and urging the citizens of Anacortes to recognize and support the American
Red Cross. Also, at this time, Mr. Separovich recognized reporter Bob Slone
of the Anacortes American indicating that this meeting was the last Mr.Slone
would be attending and wished him well in his future endeavors.
CITIZEN HEARINGS There was no response to Mr. Separovich's invitation to
anyone in the audience wishing to speak on any subject not on the agenda.
I
OLD BUSINESS CONSIDERATION OF RM ZONE CHANGES City Manager, Robert Olander,
reviewed the previous information garnered by the Council through a public
hearing on February 2nd which was continued to February 9th and stated that
when the public hearing was closed, the Council indicated they wished further
information and study on the matter. Mr. Olander stated the staff wished
additional direction from the Council as to just what they wished. He pointed
out that if there were any major changes made in the RM zone, it would necessitate study of the RL and RH zones and this would follow with a study of
the commercial and industrial zones. Thus, it would mean a major study of
the whole Comprehensive Plan. He further pointed out that the Comprehensive
Plan is due for updating in 1982. Mr. Olander's opinion was that since there
apparently is little activity possible in multiple buildings in the RM zone
at present due to lack of available sites, it would be reasonable to pass the
amendment recommended by the Planning Commission to provide 3 and 4-plexes in
the RM zone under a conditional use permit and then re-evaluate the RM zone
as a whole when the Comprehensive Plan is reviewed in two years. In Mr.
4UlJ])
February 17, 1981 - - - - - - -continued:
Olander's opinion, the only other option would be to make no change and wait
until 1982 to study any major alterations.
There followed a general discussion of the pros and cons of this suggestion
and then Mr. Kiel moved that the Council accept the Planning Commission's
recommendations and allow 3 and 4-plexes by conditional use permit in the
RM zone and that the matter be re-considered one year from now and that the
Council instruct the staff to prepare an ordinance amending the code for that
change. Seconded by Mrs. Kribs. There was additional discussion including
the possibility of putting a time limit on the amendment which Attorney
Mansfield indicated would possibly lead to some serious legal questions,
have a tendency to indicate that the City's zoning had no permanence or
stability; that he knows of no city which ever had such an ordinance. Mr.
Kiel said he thought this kind of ordinance would keep the matter active
and assure additional consideration. Vote: Ayes--Kribs, Separovich, Kiel,
Moore. No--Cleland, Rock.
Motion carried. It was brought out that the
decision would not be final until the ordinance itself, after it is drawn
up, is acted upon and that the Council could even re-open the public hearing
if they wished to do so for additional testimony.
NEW BUSINESS
PUBLIC HEARING ON VACATION OF PORTION OF BALTIMORE STREET
RIGHT-OF-WAY
Mr. Separovich declared a public hearing open to consider a
petition for vacation of a portion of Baltimore street right-of-way consisting
of the west half of the right-of-way between Oakes Avenue and Railroad rightof-way. Public Works Director, David M. Ford, Jr., showed a view foil of
the location and stated that staff had investigated and learned that the
applicant, Mr. Nations, was requesting the vacation in order to make an
addition to their existing residence. There is a storm drain located within the proposed area to be vacated which presents a potential conflict with
the proposed addition. Mr. Ford also stated this proposal conflicts with
the City's Comprehensive Plan and Comprehensive Park Plan both of which
recommend that such street ends be retained as view sites and potential
access to the waterfront. Mr. Ford stated there are several such sites in
the City and he was of the opinion that to vacate them would oppose the
Council's goals of providing additional waterfront access to the public.
Mr. Ford said his staff had checked the property values in the area and
found they are very high because it is choice view property. He recommended that the petition be denied and stated this was also the recommendation of the Planning Commission. There was a short discussion by the
Council members and then Mr. Stanley Meeker, of 3007 Oakes Avenue, addressed
the Council on behalf of Mr. & Mrs. Nations. Mr. Meeker alleged that the
right-of-way in question was 80 feet wide and that after vacating the
portion requested, the City would still have 40 feet of right-of-way;
that from the edge of the property line, the land goes very steeply down
to the railroad right-of-way thus not being a good access; further, that
the City right-of-way has never been paved or used, that the Nations would
put in pavement and landscaping to make the area beautiful; that the City
would have full access to the storm drain for maintenance, that they did
not intend to build over it and just wished to build onto their existing
home. Mr. Meeker said he did not feel the City would be losing anything,
and would still have the 40 feet right-of-way. He also indicated that
i f the City did not wish to vacate the full 40 feet that possibly the
Nations would be willing to take less.
From the audience, Mr. Pres Holton, 2320 11th Street, addressed the Council
and said he was familiar with the location, that he was of the opinion it
would never become land that would be useful to the City, but to vacate
half of it would leave a useless right-of-way of 40 feet and he felt no
street should be less than 60 feet wide. However, he felt this property
is certainly not one that should be sold under the City's ususal formula
of one-half of the appraised value. If it were sold at all, it should be
for the full width of the 80 feet at full value as .it is good view property.
He said there were several other pieces on Carolina and Baltimore that
could be peitioned for vacation because of their steepness.
Mr. Separovich then declared the public hearing closed and asked for the wishes
of the Council. Mr. Moore moved that the petition be denied on the basis of
the recommendations made by the staff and Planning Commission. Seconded
by Mr. Rock. Under the question, Mr. Kiel commented that though the
petitioner had a legitimate request, he did not think it was in the best
interests of the City; that the City had been trying to acquire access to
the waterfront for the public and to grant this vacation would not be
consistent. Vote: Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs.
Motion carried.
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February 17, 1981 - - - - - continued:
I
SYSTEMS DEVELOPMENT CHARGE - PROPOSED ORDINANCE Manager Olander reviewed the
previous instructions of the Council which resulted in the appointment of a
citizens committee studying means by which revenues could be generated to
assist in paying for capital improvements necessary as a result of community
development - such as additional utility lines, streets, etc. The committee
presented their report at a recent study session of the Council and recommended
to the.Council the adoption of an ordinance which would impose a !-percent fee
on the value of proposed improvements. This fee would be collected at the time
the building permit was issued. This fee would not apply to improvements which
do not add to the area of an existing building such as a new roof, siding and
interior remodeling. The committee recommends this fee because it would
escalate with inflation and rising construction costs; it would be less for
lower cost constructed homes; it would be easy to administer and collect;
revenues would be generated according to construction activity; and it is
not excessive.
Mr. Olander said the proposed ordinance also restricts the use of the revenues
from this fee to be used for the design and/or construction of new or expanded
streets and/or storm drainage facilities. · Mr. Olander was of the opinion that
such an ordinance would generate enough funds, in conjunction with other sources
of funds, to be of a real help to the City. Mr. Rock asked if the whole
committee agreed with this proposal and was told they did.
From the audience, Dick Dildine, 1211 6th Street, addressed the Council stating
he felt the funds should be used for more than just arterial streets and that
the fee should be charged to the developer who is responsible for creating
the necessary capital improvements. Mr. Rock refuted this by saying it would
not solve the interim problem due to many, many vacant lots already in the
City.
I
Mr. Jim Cully, 4912 MacBeth Drive, asked for clarification.on the unanimous
agreement spoke of previously and was advised that this was the committee's
agreement, not the Council's. There was further general discussion and Mr.
Meeker addressed the Council giving the opinion that added taxes and fees
which make it more expensive for people to acquire a home would not benefit
the community. He said the high interest rates presently in effect and the
housing slump would not be helped by this fee; that the City should encourage
more home building to generate more property tax income. Mr. Dildine reiterated that he felt speculators have made housing too high for people to buy
and they should be the ones to pay for it up front.
Mr. Olander pointed out that the committee had worked hard and long to arrive
at the present proposal; that it was not the original proposal or ordinance
and was different in concept. Mr. Kiel commented he: did not feel the Council
should approve the ordinance because the whole approach was unfair; it
required people new to the community to pay for the privilege of living in
the community which is contrary to the whole system of furnishing public
utilities, etc.; also~ in 10 years it would not generate sufficient funds
to deal with the problems of the City; and, based on the new budget just
passed, there should be no new taxes for 1981 and this ordinance imposes a
tax on building which the City doesn't need at this time. Mrs. Kribs said
she did not feel it should be completely eliminated, but should be established
at a later date; Mr. Rock said he felt there was a need, but the way housing
is now, it should not be imposed at the present time. Mr. Moore said he
felt that since the Council has been considering this idea for over a year,
they were well aware of the concept; and because of the amount of time and
research already put into the matter and in light of the recommendations of
the committee, he didn't think this was the.type of thing that could be put
on in good times and taken off in bad times; there is the need for the funds
and he would urge that the ordinance be passed.
I
Mr. Mansfield then read the proposed ordinance by title and Mr. Cleland moved
that the ordinance not be approved. Since this was not an appropriatly worded
motion, Mr. Cleland withdrew his motion. Motion by Mr. Moore that the proposed
systems development charge ordinance be adopted and given a number. Mr. Kiel
said that for the sake of the vote, he would second the motion. Before the
vote could be taken on this motion, Mr. Rock moved to table the decision on
this matter until the return of Mr. Figenshow which would enable the whole
Council to vote on the propos.al. Seconded by Mrs. Kribs. Vote on Mr. Rock's
motion: Ayes~-Moore, Rock, Kribs. No--Cleland, Kiel, Separovich. Tie vote.
February 17, 1981 - - - - - - - -continued:
City Attorney Mansfield advised that in this case there would be no decision.
Mr. Kiel asked if he could change his vote to break the tie and Mr. Mansfield
said it would be legal. Mr. Kiel then voted yes and the motion carried. This
matter will be placed on the agenda of the next Council meeting.
ACCEPTANCE OF 32ND STREET SIGNAL
Mr. Ford advised the Council that when this
item was placed on the agenda, he anticipated the State Public Works Department would be in a position to turn over the signal to the City. However,
they were not able to make it and so he asked to withdraw this item until everything was ready. There followed a considerable discussion in response to Mr.
Cully's suggestion that all contractors have payment withheld until they
correctly repair street cuts made during construction.. Mr. Ford said the City
does their best to see that these cuts are repaired properly and were planning to see if it would not be possible to get a two-year guaranty with
construction bids for additional protection.
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RENEWAL OF URBAN RENEWAL NOTE WITH BANK OF ANACORTES_ Finance Director,
George Khtaian, advised that the interest rate on the warrant, taken out with
the Bank of Anacortes in 1978, for the next 6 months would be 12%. This
is 5% higher than the previous six months, but he had checked with the
current prime rate and the 12% is even less than the normal 65% of the prime
rate, so it is well within the average. Mr. Khtaian said he hoped the City
would not have to renew this warrant more than once more because the lawsuit which made it necessary in the beginning would come to trial on March
16th. There followed general discussion of the lawsuit, the possible outcome, the future actions of the other purchaser in the urban renewal area
who will then be able to follow up on his purchase agreement, etc. Mr.
Mansfield read, by title, a resolution authorizing the issuance of the
interest-bearing warrant on the general fund as requested. Motion by Mr.
Cleland, seconded by Mr. Kiel, that the resolution be adopted and given
RESOLUTION NO. 652. Vote: Ayes-~Kiel, Moore, Rock, Kribs, Separovich,
Cleland. Motion carried.
Mr. Olander commented that several cities have a comprehensive street cut
ordinance and he believed it would be something the Council may wish to look
at in the future. He also reminded the Council that the Convention Center
Study Committee would be presenting their report at the next Council study
session.
Mr. Separovich then asked the Council to remain for a short executive
session to discuss .personnel matters.
I
There being no further business to come before the Council, meeting adjourned
at 9:50 p.m.
March 2, 1981
Meeting called to order at 7:30 p.m. by Mayor, Knute Figenshow. Roll call
found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow,
Tom Cleland, Charles Kiel, Ken Moore.
MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel
that the min~tes of the previous meeting held on February 16, 1981 be
approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow,
Cleland, Kiel, Moore. Motion carried.
CORRESPONDENCE Manager Olander read a letter directed to the Council from
the Chamber of Commerce indicating they wished to present $78.00 they had
in the Ray Auld Memorial Fund to the City to use some way in the Parks
Dept. He also read a letter directed to the Council from Tim and Connie
Walters concerning the parking of vehicles on the bicycle path in front
of Steinman's Grocery on 12th Street, and expressing their concern about
the dangerous situation. Mr. Olander said this matter had been brought
up to the Traffic Safety Committee and the City had put out some barriers
to stop the illegal parking practice. Mr. Olander then read a letter from
Shirley Jevons to the Council in which she commended the Anacortes Police
Department on their program on Rape Awareness. Numerous letters had been
received concerning the issue of the proposed RM zone changes and Mr.
Olander gave copies of them to the Council to view at their leisure.
I
4UL3
March 2, 1981 - - - - - -continued:
Mayor Figenshow then acknowledged the presence of Brownie Troop No. 954 and
read a Proclamation naming March 8th to March 14th as Girl Scout Week and
calling upon the citizens of Anacortes to give continued support, interest
and cooperation to that organization. Motion by Mr. Separovich, seconded by
Mr. Kiel, that the Council ratify the Proclamation. Vote: Ayes--Kribs,
Separovich, Figenshow, Cleland, Kiel, Moore. Rock. Motion carried. There
was no response to the Mayor's invitation to speak on any item not on the agenda.
I
I
OLD BUSINESS - PROPOSED RM ZONE CHANGE
Mayor Figenshow said he wished to make
some comments concerning this matter and stated, as he saw it, the Council had
three options. (1) they could vote on the proposed ordinance which proposed
allowing triplexes and fourplexes in an RM zone only by conditional use permit;
(2) they could schedule another public hearing and accept additional testimony;
(3) they could leave the ordinance as it is and immediately take steps for in
depth review of the City's Comprehensive Plan and Zoning Ordinance. City Attorney
Mansfield advised the Council they would have to hold additional public hearings
if they wished more in-put from the public. It was Mr. Figenshow's recommendation
that the Council delay action until the Comprehensive Plan has been reviewed.
·There followed discussion about how long a review would take (approximately 6
months); and the.proper procedure to follow. From the audience, Mr. Dildine
suggested that if they wished additional in-put, it should be done before school
is out and everyone goes on vacation. Councilwoman Kribs said it bothered her
that if the Council took no action, triplexes or fourplexes could be built in
the interim without any opposition. She felt the ordinance should be acted upon
as a protective measure. Mr. Moore agreed with her and said that if the ordinance was passed, the Council could then form the committees to immediately study
the Comprehensive Plan. Mr. Cleland did not agree stating he felt that there
should be some areas where multi-family hoursing could be built and if the
ordinance were passed, it might be hard to get some areas back .. Mr. Rock said
he would like to see a study started right away and did not believe there would
be any great influx of people right away.
Mr. Cleland then moved that as soon as possible, the Council proceed to reexamine the current zoning regulations and up-date the Comprehensive Plan and
then take action as soon as this has been completed. Seconded by Mr. Rock.
Under the discussion, Mr. Kiel questioned whether or not some kind of deadline
should not be set inasmuch as it seemed to him that after the public hearings
already held, the matter was weighted towards single family, but since then,
there is another strong interest the other direction, so the matter is a "push".
Mr. Figenshow said the length of time would depend on how hard the City worked
at it. Mr. Moore said it bothered him that the.whole Comprehensive Plan would
be opened up and he didn't want to see a dozen mistakes made by speeding
through a review. Mr. Olander asked if the Council was dissatisfied with the
whole plan and said he didn't think they were; that the immediate problems
revolved around the zoning and suggested that in an attempt to limit the time
it would take, perhaps just the residential part of the Comprehensive Plan
could be examined. Mr. Cleland said that was not the intent of his motion.
Mr. Figenshow called for the vote: Ayes--Separovich, Figenshow, Cleland, Kiel,
Rock. No--Moore, Kribs. Motion carried.
Mr. Vernon Lewis, from the audience, expressed his displeasure at the actions
of the Council and Mr. Separovich responded by stating he felt the Council
needed additional testimony, while Mr. Moore said he agreed with the residents.
I
SYSTEMS DEVELOPMENT CHARGES ORDINANCE Manager Olander reminded the Council that
at the last meeting, the Council instructed that they wished all Council members
present before voting on this proposed ordinance which would impose a 1% fee on
the value of all new construction in the City. All members of the Council being
present, City Attorney Mansfield read, by title, the proposed ordinance. Mrs.
Kribs asked that the matter be tabled until her committee could study the complete ordinance in detail and bring it back to the Council at their meeting of
April 6, 1981. Mr. Separovich so moved and Mr. Rock seconded the motion. Under
the question, Mr. Cleland asked why it had to go back to her committee when the
Council had already reviewed the proposed ordinance and were aware of its contents.
Mrs. Kribs said she did not think the committee had read the complete ordinance.
Vote: Ayes~-Rock, Kribs, Separovich. No--Figenshow, Cleland, Kiel, Moore.
Motion failed. Mr. Moore then moved that the whole item be tabled for at least
six months. Seconded by Mr. Kiel. Mr. Moore said he wished to speak on his
motion and said he felt that the Council had already spent a lot of time and
effort considering the ordinance, but because of the present state of the economy,
it should not be acted upon at this time. Vote: Ayes--Cleland, Kiel, Moore,
Rock, Kribs, Separovich, Figenshow. Motion carried.
March 2, 1981 - - - - - - -continued:
NEW BUSINESS - PUBLIC HEARING - PROPOSED PLAT OF HILLTOP SUBDIVISION Mr.
Figenshow briefly described the procedure and declared a public hearing to be
open to consider the proposed plat of Hilltop Subdivision which is generally
located off Anacopper Road north of the Anacortes airport. Mr. Kinzel, Community Development Director, reviewed the proposed plat stating it contained
36 lots and conformed to the City's subdivision code. The Plat had been reviewed
by the Planning Commission and staff who recommended approval with certain
recommendations. These were: (1)40 feet of right-of-way for Anacopper Mine Road
be provided; (2) park land be dedicated to the City amounting to 10% of the subdivision; (3) delineate avigation easements, which are existing, on the preliminary plat; (4) a statement appear on the final plat relative to non-litigation
due to the proximity of the airport; (5) no access directly to Burrows Bay Road
or Anacopper Mine Road from any of the lots; (6) erosion control measures taken
during construction; (7) a computer run made to determine line size for
water and water shall not be taken from Oakes Avenue/Burrows Bay source;
(8) provide sewer pumping station according to City specifications; (9)
storm drainage in the subdivision via enclosed system and then to open
ditches at the perimeter of the project with a 20-foot easement betweeen
lots 7 and 8 for the enclosed storm drain; (10) provide either lieu payments
or parkland to comply with the 10% subdivision requirement; (11) a 60-foot
right-of-way provided for future development of Anacopper Road with ultimate
40-foot paving; the applicant responsible for paving to the centerline of
said road with barrier curb and gutter and 5-foot sidewalk along the Road.
All sidewalks in the plat to be 4 feet wide, both sides of the proposed
streets. (12) applicant provide all traffic control signs.
I
Mr. Kinzel showed a view foil of the proposed plat and there followed
considerable discussion of each of the reconunended requirements listed above.
Mr. Robert Powell, representing the applicant Buehl Berentson, addressed the
Council and explained in more detail his client's proposals, the drainage
situation and the proposed solution, that they would be willing to work with
the City staff in determining which lots would be best for park land, etc.
The Council asked questions about the street lighting, etc.
From the audience, Dick Dildine, 1211 6th, said he felt .the public would be
more interested in the general thrust of the development rather than the
engineering problems and since the location was close to the runway of the
airport, there probably would be some questions about that; but he thought
the Council should require that the developer should have one street
through the development that would connect and make natural access to Skyline rather than ending in a bottleneck. This would be easy access from
the west to downtown in the event 12th Street or Oakes Avenue should
become blocked. He said he believed the design should be looked at more
carefully. Mr. Moore said his points were well taken. Mr. Ford said
the developer has originally proposed a road through, but it would come
out onto Oakes Avenue on a curve where the speed was 40 MPH and the staff
felt this would be more dangerous than to just end it within the development.
I
Terry Myers, 2310 Baron Place, addressed the Council and said he felt
there would be no problems arise if it is allowed to become a bottleneck. Mr. Jay Hughes said he had contacted several property owners on
Anacopper Mine Road and they had agreed to trade land for right-of-way
with the City for the same amount of property on.Ohio Street. Public
Works Director, Dave Ford, said that all alternatives on the road rightof-way would be studied.
Mr. Powell again addressed the Council and said he felt exits to West
3rd or 4th Streets from the project would accomplish nothing, it would
load the residential streets with arterial traffic and send it right
back to Oakes Avenue; that this had been discussed with City staff back
in October and it was determined at that time that Mr. Dildine's idea
was not workable. Mr. Dildine countered by saying he had aerial photographs which showed that West 3rd could be connected to the perimeter
road of Clearidge - he was not talking about Oakes Avenue.
Mr. Figenshow then suggested the public hearing be continued to the next
regular meeting of the Council and invited Mr. Dildine to bring his
pictures. There was more discussion of the additional land necessary
to bring Anacopper Mine Road up to standard and Mr. Cleland asked about
the safety of not widening the lower part of Anacopper Mine Road.
I
4Ul5
March 2 - - - - - - - -
-continued:
Mr. Ford said he didn't think it would be unsafe, but would have to research
the police records and would bring the accident information to the next
meeting. Mr. Myers asked if individual property owners would be notified
about the next public hearing and he was advised it would only be published.
Mr. Olander then recapped the items to be brought as information to the next
meeting and the public hearing was continued to the meeting of March 16, 1981.
I
REQUEST FOR AUTHORITY TO TRADE SURPLUS PROPERTY . Police Chief, Tony Lippe,
reviewed his informational memorandum to the Council in which he informed
them that the Police Department had accumulated a variety of old guns that
have become worn and unsafe for use. Because the Department is in need of
new shotguns, he had requested money in the budget to purchase them, but
due to lack of funds the request had been denied. In order to find other
means of procurement, he had contacted gun dealers in the area and had
received offers from two. Thrifty Drugs was the better and they offered
to supply the Police Department with 7 new Mossberg shotguns, 2 shotgun
cases and 1 case of shotgun shells in exchange for the old weapons of the
police department. Mr. Lippe said the value of the new weapons would be
approximately $1,800 and would involve no cash outlay.by the City. He also
stated the State Auditor's office had approved the transaction. Mr. Lippe
further requested permission to trade a 1977 Chevrolet police car with
98,000 miles on it for a practically new Bell and Howell Ringmaster Sound
Slide Projector valued at over $400.00. The vehicle in question is slated
for disposal and was valued at between $250 and $300 according to bids
received from Frontier Ford and Trulson Motors. Mr. Lippe pointed out that
the projector was worth considerably more than the vehicle and was badly
needed by the department. There followed considerable discussion about
the advisability of trading the equipment instead of putting it up for bid
as surplus property. Manager Olander advised the Council that he had
instructed all department heads to watch all expenditures very carefully
and not buy anythirig that was absolutely not necessary; to find other means
of acquiring equipment, if necessary. It was his opinion that Mr. Lippe
was following this directive and was being creative in trying to acquire
the equipment needed. Mrs. Kribs also said she believed the idea was a
good one and that Mr. Lippe's presentation was acceptable. After more
discussion, Mrs. Kribs moved that the Police Chief be authorized to trade
the 1977 Chevrolet vehicle described for the projector as described.
Seconded by Mr. Rock. Vote: Ayes--Rock, Kribs, Separovich, Figenshow,
Kiel. No--Moore, Cleland. Motion carried.
1
I
Mr. Rock then moved that the guns be declared surplus and bids called for
through regular channels. Seconded by Mr. Separovich. Vote: Ayes--Kribs,
Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. Mr.
Mansfield then read a proposed resolution authorizing the transactions as
described in the foregoing two motions. Motion by Mr. Rock that the
resolution, as read, be adopted and given RESOLUTION NO. 653. Seconded by
Mrs. Kribs. Vote: Ayes--Separovich, Kiel, Rock, Kribs. No--Figenshow,
Cleland, Moore. Motion carried.
AUTHORIZATION TO EXECUTE LEASE ON DEPOT BUILDING City Manager Olander said
the lease with the Anacortes Arts and Crafts Foundation had been drawn to
everyone's satisfaction. Mr. Mansfield then read, by title, a resolution
authorizing the City Manager and the City Clerk to execute the lease and
use agreement between the City and the Arts and Crafts Foundation on the
depot building. Motion by Mr. Rock, seconded by Mrs. Kribs that the
resolution be adopted and given RESOLUTION NO. 654 . Vote: Ayes--Kribs,
Figenshow, Cleland, Kiel, Moore, Rock. Mr. Separovich abstained. Motion
carried.
I
APPOINTMENT TO BOARD OF ADJUSTMENT The position held by George Mehler on
the Board of Adjustment expired in July of 1980 and was overlooked. Mr.
Mehler has been serving since that time and has indicated his desire to
continue on the Board. Mayor Figenshow said he had not had any other
applicants for the position. Motion by Mr. Moore, seconded by Mr. Kiel,
that Mr. Mehler be re-appointed as a member of the Board of Adjustment.
Vote: Ayes--Kiel, Moore; Rock, Kribs, Separovich, Figenshow, Cleland.
Motion carried.
March 2, 1981 - - - - - - -continued:
Vacancy on Community Center Board of Governors The position of Girt Rekevics
expired on December 13, 1980. The Council will accept applications for serving
in this capacity.
COUNCIL SUPPORT OF PORT OF ANACORTES' APPLICATION FOR LOAN To show the citizen's
and Council's support of the efforts of the Port of Anacortes to expand,
modernize and upgrade the Cap Sante Boat Basin, Attorney Mansfield read, by
title, a proposed Resolution supporting the Port in their application for a loan
through the Coastal Energy Impact Program in the amount of five million dollars.
The Port has received all environmental, technical and financial clearances
for the loan and project, bu the Office of Management and Budget has placed
a hold on any CZM loan projects. Motion by Mr. Separovich, seconded by Mr.
Cleland, that the resolution be adopted and given RESOLUTION NO. 655. Vote:
Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion
carried.
I
There being no further business to come before the Council, meeting adjourned
at 10:15 p.m.
March 16, 1981
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Invocation was
given by Reverend Steve Watt from the Four-Square Gospel Church. Roll Call
found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow,
Tom Cleland, Charles Kiel and Ken Moore.
MINUTES OF PREVIOUS MEETING
Motion by Mr. Kiel, seconded by Mr. Rock, that
the minutes of the previous meeting held on March 2, 1981 be approved as if
read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore.
Motion carried.
CORRESPONDENCE City Manager, Robert Olander, read a letter received from
Margaret J. Murphy regarding City public notices. She pointed out that many
times the location of the subject of the notice is given only by legal
description and the public cannot determine even the general location. She
suggested that all public notices give a general location as well as the legal
description when called for. Mr. Olander agreed and stated that the City
would endeavor to include the descriptions as suggested in the future.
I
CITIZEN HEARINGS Mayor Figenshow invited anyone from the audience to speak
on any item not on the agenda and Mr; James Joh, 618 Hillcrest Drive, addressed the Council. He presented a protest on behalf of the property owners
around the 600 block on Longview Street to the construction of a proposed
condominium at that site; requested that a building permit not be issued and
requested a hearing on the protest. Mr. Joy was advised by the City Attorney
and Council that the City has no way of preventing the proposed construction
if the zoning is correct. Councilwoman Kribs sympathized with the property
owners and said this was a prime example of her objection to the Council not
acting on the proposed amendments to uses in the RM zone of the City which
was recommended recently by the Planning Commission.
Dick Dildine, 1211 6th, was recognized and asked about the allowable density
and parking requirements for multi-family dwellings. Mr. Kinzel replied that
the RM zone allows 9 units per gross acre and the parking must be l~ stalls
per unit. There is also a height restriction of 35 feet. Mr. Dildine then
recited the criteria which would constitute illegal changes in a zone and
pointed out that the recommended changes for the RM zone did not include any
of the criteria. In his opinion, it would have been strictly legal to make
the changes. Mr. Mansfield agreed that it would have been legal to make the
proposed changes had the Council wished to do so. Mr. Moore commented' that
he felt the Council took into consideration that there was a legal question
in deliberating the changes.
Bill Pontius, 1207 32nd Street, addressed the Council and said he was wondering about whether or not it was planned to open an alley right-of-way for
access as a result of construction of several apartments between 32nd and
I
March 16, 1981 - - - - -continued:
33rd Streets near his property. Public Works Director, Dave Ford, said he
understood that at present only one building was proposed to be constructed
and that at present there are no plans to have th alley opened. If the City
learns of any such plans, it will promptly notify Mr. Pontius.
I
At this point, Councilman Moore said he wished to make a comment .about the
ordinance which had been proposed to change the usage in the RM zone. It
was his opinion that the Council allowed the ordinance to be pre-empted;
that the procedure should have been, after all the work and .time that is given
to drawing a proposed ordinance, that the Council should have acted upon the
ordinance one way or the other and not pre-empt it. Then, if it were not
passed, to go ahead and request the additional work if desired.
Councilman Kiel said he felt that some of the confusion which resulted over
this proposed ordinance was due to the "open-meeting" law and that the
Council has in no way made any decisions previous to the meeting; their
deliberations are at the time of the meeting, so it is not known what will
happen. Mr. Moore reiterated that he felt the ordinance should have been
heard and voted on; that the Council skipped that step.
Mrs. Elizabeth Yates, ·606 Longview, asked the Council if they used Robert's
Rules of Order for their meetings and was advised that they did. She stated
she felt the Council had not acted properly and agreed with Mr. Moore's
interpretation. Mr. Kiel saidthat between the time the Council directed the
ordinance to be drawn up and the time it was to be presented for consideration,
there appeared to be a change in the Council's opinion and they decided it
would not be proper to take action either way due to the strong differences
between the two sides of the matter; that he felt the Council acted in a
responsible way trying to be fair to b6th sides. Mr. Joy said he did not
agree.
There was additional discussion of what could happen to, other pieces of
property in the RM zone during the Comprehensive Plan/Zoning Ordinance
review and the Council assured the property owners that during the review
process, block by block would be looked at in an orderly fashion. This
would be done as soon as the necessary committees can be formed.
I
I
OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON HILLTOP SUBDIVISION Mayor
Figenshow then declared a public hearing to be open to continue considerations
of the proposed plat of Hilltop which is generally located off Anacopper Road
north of the Anacortes airport. Community Development Director, Ken Kinzel,
reviewed the presentation of the proposed subdivision stating it was divided
into 36 lots and indicated on a view foil the proposed streets, etc. He then
turned the floor over to the Public Works Director, Dave Ford, who stated
that staff had endeavored to secure the additional information requested by
the Council at the beginning of the public.hearing on March 2nd.
There followed a lengthy and detailed discussion concerning (1) the alternatives pertaining to the requirement of 10% of the subdivision land being
dedicated as park land or cash payment in lieu thereof; (2) the storm sewer
system proposed and its efficiency; (3) the possibility of a street passing
through the subdivision which would, in effect, provide another access to the
west end of the City besides Oakes Avenue. There was also discussion of the
value of the land, the number of dwellings possible in the plat, etc. Mr,
Dick Dildine showed some aerial photographs which, according to him, indicated
it was possible to have access to the west end around the north end of the
airport. There were many different opinions about this possibility both pro
and con and the engineering staff indicated the obstacles, private property,
etc. which would have to be solved. Information was furnished by Mr. Bob
Powell, Surveyor representing Mr. Berentson, the developer; Mr. Berentson
himself, and others from the audience. There was also discussion about the
possible noise problem due to the close proximity of the airport and the
importance of additional language in the existing aviation easement with the
Port of Anacortes. The possibility of a perimeter roadway around the airport
was discussed; whether the City wished an arterial street or an emergency access
street. The matter of the improvement of Anacopper Road between Oakes Avenue
and the Berentson property was discussed. Mr. Berentson felt the ideal solution
would be a LID to have it improved properly stating he would pay his share.
Council then decided, informally, that this matter should be continued to the
next regular meeting of the Council on April 6, 1981 and requested staff
furnish some maps indicating the different possibilities of a through-road
and that the developer and the Port get together on the additions to the
aviation easement.
March 16, 1981 - - - - - -continued:
Mayor Figenshow declared a 5-minute recess at 10:00 p.m. and reconvened the
meeting at 10:05 p.m.
Mayor Figenshow degressed from the order of the agenda and asked to hear
the item of the PROPERTY DAMAGE CLAIM OF ESTHER THOMAS. Attorney Mansfield
said that Mrs. Thomas had filed a claim in April of 1980 for costs of sewer
repairs when the sewer backed up. Mrs. Thomas had Ray Jones excavate some
12 to 14 feet to unplug the line and Mr. Jones advised Mrs. Thomas that the
problem was the City "Y" on the City main being plugged. When the claim was
first presented, the City sent it to the City's insurance carrier who denied
the claim, but failed to so notify Mrs. Thomas. The denial was based on the
City's contention that the blockage was not in the City's main line, but in
a side service belonging to Mrs. Thomas and it is City policy that the City
maintains only the main line and any blockage in any part of the side service
from the "Y" to the property and the property owner's house is the responsibility of the property owner. Mr. Figenshow stated it was his knowledge
that this has .. been the City's policy for the past 35 years. Mrs. Thomas
addressed the Council and denied that the stoppage was on her side; that it
was caused by a Madrona tree on City right-of-way and that Mr. Jones had
advised her the plug was at the City "Y". She also referred to a similar
claim of a "Mr. Christensen" whose claim had been paid. Council, after
some deliberation, suggested that the staff investigate into the alleged
payment of the claim of Mr. Christensen and bring whatever information could
be gathered to the next meeting so they could make a decision.
I
PARKING LOT LANDSCAPING ORDINANCE Mr. Kinzel reviewed the work done over the
past several weeks in preparing the proposed ordinance to provide requirements for certain off-street parking areas. The Council has reviewed all the
sections of this ordinance which list in detail the landscaping requirements
and standards as they pertain to parking areas. Attorney Mansfield then read,
by title, the proposed ordinance. Motion by Mr. Cleland, seconded by Mr.
Rock, that the ordinance be passed and approved and given ORDINANCE NO. 1849.
Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs.
Motion carried.
NEW BUSINESS -PUBLIC HEARING ON AMENDMENTS TO SHORELINE MASTER PLAN Mayor
Figenshow declared a public hearing to be open to consider amending the
Anacortes Shoreline Master Plan as it perta-ns to the shoreline area of the
newly annexed Weaverling Spit area. Mr. Kinzel advised the Council that the
Sta.te law requires that amendment of the Shoreline Master Plan must be by
separate action; that the Planning Commission had held public hearings on
the proposition that the shoreline of the newly annexted Weaverling Spit
be designated Urban II to .conform with the Commercial Marine zone placed on
the annexed area. Mr. Kinzel pointed out that all other Commercial Marine
zones have shorelines designated as Urban II and stated it was staff's
recommendation that the annexed area be designated as Urban II. Council
held a brief discussion and Mayor Figenshow declared the public hearing to
be closed. Attorney Mansfield then read, by title, an ordinance amending
the Shoreline Master Plan to show the annexed shoreline as Urban II and so
indicating on the Shoreline Area Designation Map. Motion by Mr. Kiel,
seconded by Mr. Separovich that the Ordinance be passed and approved and
given ORDINANCE NO. 1850.
Vote: Ayes--Figenshow, Cleland, Kiel, Moore,
Rock, Kribs, Separovich. Motion carried.
AWARD OF BID ON TRUCKS Mr. Ford reviewed the bids received by the City in
response to a call for one 1-ton truck and one 1/2-ton truck. The 1-ton flat
bed truck is for the wastewater treatment plant and the 1/2-ton for the
water treatment plant. Mr. Ford pointed out that the Council had been
informed in detail of the circumstances necessitating the purchase of these ,
vehicles. The bids on the 1/2-ton pickup ranged from a low of $6,925.69 to
a high of $7,434.92, including tax. The bids on the one-ton truck ranged
from a low of $10,097.22 to a high of $12,158.28. It was staff's recommendation that the low bid of $6,925.69 from John Henken Chevrolet of
Arlington, Washington on the 1/2-ton pickup truck be accepted. Also, that
the bid of Hinton Oldsmobile-GMC Truck of Mt. Vernon in the amount of
$10,097.22 for the one ton truck complete with flatbed be accepted. After
a brief discussion, motion by Mr. Moore, seconded by Mr. Kiel, that the
bids be accepted and purchase authorized as recommended. Vote: Ayes-Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Carried.
CONTRACT WITH SKAGIT COUNTY ON DISPOSAL OF SOLID WASTE Mr. Ford reviewed
the circumstances surrounding this year's contract between the City and
Skagit County for dumping of the City's garbage at the County's Inman Pit
site. He briefly reviewed the information given by memorandum to the Council
I
I
March 16, 1981
I
- - continued:
which included the increases in operating costs and rate per capita charges
for dumping, the proposed change to a tonnage rate by installing scales, the
requirements of the Department of Ecology for monitoring the fill, and
described the City's share of the capital improvement proposals which is in
excess of the normal yearly rate for dumping. He recommended that the
proposed contract be approved stating that the City had the money in the
budget for this expense. Mr. Mansfield then read a resolution, by title,
authorizing execution of the contract with Skagit County as described. Motion
by Mr. Separovich, seconded by Mr. Rock, that the City enter into the contract
with Skagit County, that the resolution be adopted and given RESOLUTION NO.
656. Vote: Ayes--Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland.
Motion carried.
REVIEW OF COMPREHENSIVE PLAN/ZONING CODE Manager Olander said the outline
for the proposed study and review of the Comprehensive Plan and Zoning Code
follows the same format as the original plan and in announcing the various
committees needed for the project, would ask that the press publicize them
so the City could start getting a roster of people interested in serving on
the various committees. He suggested, however, that since this is a review
perhaps the size of the committees could be smaller and the time frame
tightened up.
Attorney Mansfield gave a brief report on the progress of the trial (which
started March 16th) on the disputed parcel of property in the urban renewal
area.
Councilman Separovich asked what was being done about the ditches along
West 6th Street and was advised by Mr. Ford that a letter had been sent to
the property owners in the area stating that the ditches were necessary to
take care of the storm water in the area; that if the residents were interested in closing the ditches, the City would assist in putting together a large
scale LID.
There being no further business to come before the Council, meeting
adjourned at 10:45 p.m.
·4:)
I
April 6, 1981
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Roll Call
found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow,
.Tom Cleland, and Charles Kiel.
MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel,
that the minutes of the previous meeting held on March 16, 1981 be approved
as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel.
Motion carried.
CORRESPONDENCE
I
There was no correspondence to be heard by the Council.
CITIZEN HEARINGS In response to the Mayor's invitation to anyone in the
audience to speak on any item not on the agenda, Mr. Vito Ruzich, 3319 West
Third, addressed the Council and asked for the status of the possibilities
of launching facilities in the urban renewal area. He pointed out that
approximately two years ago, a Council committee was appointed to look into
the matter, but apparently nothing had been done. Mr. Ruzich was informed
that as a result of the court's ruling in the lawsuit concerning land in the
urban renewal area, the City is obliged to wait another 6 months to see if
the developer (Mr. Heath) .complies with the court's directions; if he does
not, the land will revert back to the City and then the City will be able to
make a decision about what is to be done with the land. There was also
discussion of the second developer in the case who also has a parcel of
property on which he has indicated a lumber mill will be built. Manager
Olander informed Mr. Ruzich that this developer (Mr. Gregory) has indicated
he wishes to-proceed this summer with the lumber mill. Mr. Ruzich expressed
his dissatisfaction stating he felt the City had not treated all the developers in the area alike and had made allowances for some that had not been made
for others. He then passed out a letter voicing his opinions to each of the
Council members. At this point, Councilman Moore entered the meeting.
April 6, 1981 - - - - - - -continued:
Mr. Separovich stated that the conunittee referred to by Mr. Ruzich had not
been able to do anything while the lawsuit was being resolved; that the
committee had been charged with determining whether or not there would be
possible access to the waterfront for boat launching-. Mr. Ruzich reiterated
that when the properties were sold in the urban renewal area, there was supposed to be an open berthing area, but it appeared that the City contracted
to sell all the land and none was left for access to the berthing area.
Council assured Mr. Ruzich the conunittee would be meeting during the interim
6 month period and would endeavor to be ready.to proceed with whatever decision
is made by October 1st if the City gets the land back.
OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON .PROPOSED HILLTOP SUBDIVISION
Mayor Figenshow declared the public hearing open and Public Works Director,
Ford, reviewed the subject preliminary plat as proposed by Mr. Buehl Berentson.
Mr. Ford stated that at the last public hearing session, the Council requested
staff furnish maps and proposals of different possibilities of a throughroad; the approximate costs of securing the additional property necessary,
etc. as well as the matter of additional right-of-way for Anacopper Mine
Road.
I
Mr. Ford then presented the staff's findings as follows: acquiring additi.onal
right-of-way for Anacopper Mine Road would be easier and less expensive if
the right-of-way were acquired on the west side of the existing roadway. The
Planning Conunission's opinion was that properties on both sides of the roadway would benefit and, therefore, should participate to some degree in
providing the necessary right-of-way for the road.
Regarding therequired 10% of the land area for park land, it would amount to
some 32,000 (+-) square feet which the City would have to garde, seed, develop
and care for. If cash-in-lieu therefor were accepted by the City, it would
amount to approximately $6,500 which could be ~sed to develop a playground
nearby, possibly in Clearidge.
Staff felt the storm sewer system proposed by the developer would be adequate.
Mr. Ford then presented the results of staff's efforts to comply with Council's
directive concerning a possible access route to the west end of the City through
the proposed plat. Council had been given a map on which the different routes
had been drawn. and Mr. Ford advised that approximate costs for right-of-way
acquisition as follows: the west 4th Street route would require $76,054; the
West 3rd Street route would require $67,655; the West 2nd Street route would
cost $86,284; for a road through Hilltop just to Clearidge would cost approximately $26,140. After additional discussion of these possibilities and also
about Anacopper Mine Road as well as the aviation easement agreement with the
Port of Anacortes, Mr. Ford reconunended, if Council approves, acceptance of
cash in lieu of acquisition of park land; acceptance of the storm sewer
system as proposed and acceptance of the 40 feet of right-of-way from the
subdivision and then picking up between 5 and 13 feet between West 2nd and
West 6th by trade or outright purchase.
I
There followed additional detailed discussion of the possible access roads,
their advantages and disadvantages; acquisition of the necessary right-of-way
from property owners and the Port of Anacortes, etc.
From the audience, Mr. Dick Dildine, 1211 6th, addressed the Council and
brought up the Port's proposed development at Ship's Harb-r stating it surely
would generate greater traffic and so .the Port should also be interested in
another through roadway. He also said it should be the obligation of the
developer to provide arterial streets to relieve the traffic already carried
by existing arterials.
Mr. Pres Holton expressed his opinion that all new streets should be wide
enough to be safe and that better routes should be developed; it was his view
that the City has enough property and land to be in a good "trading" position
to acquire the necessary right-of-ways.
Mr. Buehl Berentson, 3307 "H" Avenue, then addressed the Council and stated
as follows: It appeared there were several unanswered questions - the
Council had not decided whether they wanted an access road or an arterial
road through the subdivision; where the road should be; the question of
urgency for the through road; the question of acquisition of right-of-way who should be paid and how much for the right-of-way; if property owners
outside of the Hilltop division should be compensated for existing plat or
improvement of their properties; the matter of perhaps it taking a year or
two with the FAA and the Port to settle whether the route could come across
the north end of their property; the matter of possibly putting cash into
escrow to pay for that part of Airport Road at such time as it is reconstructed, (the idea of suspending contruction until it could all be done
at once was acceptable, but tieing up the money at today's interest rates
was not acceptable - however, he would be amenable to an agreement to pay
I
April 6, 1981 - - - - -sontinued:
I
I
his share of the costs when it was done); taking into consideration the
time it possibly would take to secure the necessary rights-of-way from the
private property owners, etc., and listening to testimony of interested
persons over the past several weeks of the public hearing - had changed his
mind and he said he thought maybe much more traffic will be generated by
the proposal for development of the Ship's Harbor area (by t.E.D. Inc.)
and the proposed convention center - which also could be in the L.E.D.
location; and that it appears there will be Commercial Marine zoning all
the way to Airport Way extended down to the bay; and if this is to materialize, it probably would increase the ferry traffic also; it looks as though
a major arterial is necessary from the vicinity of Ships Harbor, Skyline,
Clearidge and on through to the south - thus, in view of all these things,
perhaps the best for all interests would be to propose to give an arterialwidth right-of-way all along the south border of the proposed Hilltop Plat
assuming that the Port would be willing, later on, to pick up from there and
to on to Clearidge or whatever point they wanted to go -- and, inasmuch as
the Port is zoned Light Manufacturing and inasmuch as L.E.D. is proposing
to ask for Commercial Marine zoning over to Airport Road extended down to
the waterfront, it appeared to Mr. Berentson that Light Manufacturing would
be supplementary, complimentary to the Port's growth; that it could accomodate the L.E.D. proposal, recreational/tourist, marine, convention center
possibility and it would solve the arterial problem, (which he believes is
the real concern of the Council and everyone else) and would be a good,
wide thoroughfare through Hilltop. Mr. Berentson said he had discussed the
matter with one of the Port Commissioners that afternoon and the Commissioner
had said he would be supportive to the property becoming Light Manufacturing
zoned. Therefore, Mr. Berentson concluded, he thereby withdrew his petition
for approval of the subdivision of Hilltop and would, the next day, present
a petition for rezone of the property to Light Manufacturing.
From the audience, Mr. Francis Orr of 1617 32nd Street, addressed the Council
and stated it was still very difficult to hear and understand what the Council
was saying and suggested they remember to use their microphones. He then
asked whether the proposed extension of Anacopper Road would tie in with .the
proposed 32nd Street extension. Mr. Ford advised him the 32nd Street project
is not being considered at the present time.
Councilman Kiel commented that Mr. Berentson had made some provocative statements concerning the future growth of the area and that he would like to have
the subject put on the agenda of a study session in the near future.
THOMAS PROPERTY DAMAGE CLAIM City Attorney Mansfield advised tha.t pursuant
to Council instructions, he had investigated the allegation that the City had
repaired and mai~tained a sewer line owned by Harry Christianson. He learned
that the City did not assume any responsibility for repairs to the side sewer
line, but only maintained the City's line. Mrs. Thomas is asking for reimbursement fo costs expended for maintenance to the side sewer itself. The
City's insurance company has denied Mrs. Thomas' claim, so if the City paid it,
the City could not be reimbursed by the insurance company. If the City denies
the claim, Mrs. Thomas has the right to sue and, should she win her case, then
the insurance company would be obligated to pay the claim. He recommended
denial. Motion by Mr. Kiel, seconded by Mr. Rock, that the claim be denied.
Vote: Ayes--Kribs, figenshow, Cleland, Kiel, Moore, Rock. No--Separovich.
Motion carried. Mr. Separovich asked that the City Attorney advise Mrs.
Thomas of her alternatives to endeavor collection.
I
DRAINAGE IN AREA OF WEST 5TH STREET On February 12, 1981, petition was submitted to City asking that the City place culvert in a ditch in the 500 block
of Kansas Avenue because it was dangerous for children. Council discussed the
matter at a study session on March 23rd, 1981 and directed staff to complete
cleanup work which had been left undone because of the petition. Council also
directed staff to investigate alternatives for drainage in the area and report
back. Mr. Ford reported that the cleanup wo-rk had, so far, been practically
completed and then described the drainage flow in the area and suggested (1)
that present drainage be left as it is and reslope the ditch along West 6th
east of Kansas Avenue (2) install culvert pipe on the west side of Kansas
between West 5th and West 6th with the City paying the cost; (3) routing
water accumulated on West 6th and Kansas eas to Illinois along West 6th.
However, there is a rock outcropping on Illinois and.West 6th and the slope
rises toward the east - this alternative was not recommended; (4) initiate
an LID throughout the total drainage basin; however, a large portion of the
area is not presently developed, and this alternative was not recommended.
4122
April 6, 1981 - - - - -continued:
It was pointed out that Council should keep in mind that if the City goes
ahead and does the work even with the property owners buying the materials,
there probably would be the same requests from other areas in the City. Mr.
Figenshow suggested that possibly the property owners could pay for a least
half of the cost of the materials. From the audience, Anha Dunn who lives on
West 5th at the corner of Kansas, addressed the Council stating as a new home
owner, she does not have the funds to pay for even one-half of the material
for such a project. There was additional discussion of the present condition
of the ditches, the worst area (210 feet on Kansas Street) and other areas
needing attention.
Motion by Mr. Kiel that the City go to the expense of placing a culvert between West 5th and 6th on Kansas Street. Seconded by Mr. Rock. Under the
question, Mr. Berentson expressed his displeasure at (.according to Mr.
Berentson) beling singled out as the property owner who caused all the
present drainage problems. He pointed out that there were other developments above him, naming the Jones property, and that there was timber
previously in areas where there are now houses; that no one developer could
be blamed, but each, in turn, contributed to the problem. Mr. Kiel said the
intent of his motion was to solve the immediate dangerous situation, but the
long term solution would be an LID. Vote: Ayes--Separovich, Figenshow,
Kiel, Moore, Rock, Kribs. No--Cleland. Motion carried.
I
NEW BUSINESS ~ RESOLUTION CONCERNING CONVENTION CENTER City Attorney,
Stephen Mansfield, read a resolution, by title, authorizing a joint City/Port
District Convention Center Steering Committee to coordinate community efforts
to attract private development of a convention facility in Anacortes. Motion
by Mr. Kiel, seconded.by Mr. Cleland, that the resolution be adopted and
given RESOLUTION NO. 657.
Vote: Ayes--Figenshow, Cleland, Kiel, Moore,
Rock, Kribs, Separovich. Motion carried.
APPOINTMENT TO COMMUNITY CENTER BOARD OF GOVERNORS Mayor Figenshow stated
he had received no other applications for the position which was vacant on
the Community Center Board of Governors and suggested Girst Rekevics be renamed to the position for an additional term. Steve Colby, Parks Director,
advised the Council that the Board of Governors wished to have Mr. Rekevics
continue on since this is the first term the board has been in existence.
Motion by Mr. Kiel, seconded by Mr .. Separovich, that Mr. Girst Rekevics be
appointed for another term ot the Community Center Board of Governors. Vote:
Ayes~-cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow.
Motion
carried.
I
PROCLAMATION - MEDICAL LABORATORY WEEK Mayor Figenshow read a Proclamation
naming the week of April 12th through the 18th as Medical Laboratory Week.
in Anacortes and urging the citizens to support and recognize the professional practitioners of the Medical Laboratory sciences for their service to the
community. Motion by Mr. Cleland, seconded by Mr. Rock, that the Proclamation
be approved by the City Council. Vote: Ayes--Kiel, Moore, Rock, Kribs,
Separovich, Figenshow, Cleland,.' Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT In the absence of Mr. Kinzel, Mr. Olander
presented a request from Mr. George Murray, 1206 11th Street, for a conditional use permit to use a private driveway in order to construct a single
family residence. Mr. Murray has 2~ acres of land between 39th and 40th
Streets which has only a 20-foot frontage on a. developed street - "H" Avenue.
This 20-foot wide strip extends approximately 90 feet. to Mr. Murray's
property. The code requires thirty feet of frontage on an improved public
street for a single family residence, but states where 30 feet cannot be
provided, a private road may be utilized. Mr. Olander showed a view foil
of the location and advised that the Planning Commission had a public hearing on March 25, 1981 and there were no objections. The Planning Commission
recommended the permit be granted .providing an all-weather surface, at least
12 feet wide, the full length of the access road be provided according to
City Engineer's specifications. City staff reviewed the application and
there were no objections. Staff recommends approval subject to (1) the
solid waste pickup would be from "H" Avenue; (2) the 12-foot all-weather
surface be provided on the roadway as described by the Planning Commission
and (3) that all water meters be placed in "H" Avenue and the property owner
be responsible for utilities from "H" Avenue to his residence.
Mr. Murray addressed the Council and stated his property is already divided
into two parcels and he wishes only to build a single family home on the
front parcel. Motion by Mr. Rock, seconded by Mr. Separovich, that the·
conditional use permit be granted with stipulations as recommended by staff.
Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Kiel.
Motion carried.
I
4123
April 6, 1981
- - - - - - -Continued:·
AMENDMENT TO 1981 BUDGET Finance Director, George Khtaian, addressed the
Council and explained the necessity of an amendment to the 1981 budget concerning the construction of the Washington Park pier project. The funds
have already been approved for expenditure and the proposed ordinances sets
up a separate construction fund to allow better visibility and control of
expenditures and revenues of the project. Mr. Mansfield then read, by title,
the proposed ordinance and Mr. Separovich moved the ordinance be passed and
approved and given ORDINANCE ·NO. 1851. Seconded by Mr. Kiel. Vote: Ayes-Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried.
I
AWARD OF BID ON 1981 4-DOOR SEDAN Public Works Director, Dave Ford, reviewed
the necessity of purchasing a new vehicle for the Public Works Director. Bids
were requested from two local dealers and the cost also determined under the
"State contract". Specifications were met by all three. The bids received
were: Frontier Ford - $6,891.36; Trulson Motors - $7,553.86. The state
contract would allow the purchase for $6,677.09. After a brief discussion,
motion by Mr. Moore, seconded by Mr. Kiel, that the City accept the bid of
Frontier Ford in Anacortes rather than purchase the car under the state
contract. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore,
Rock. Motion carried.
APPOINTMENT TO CONVENTION CENTER COMMITTEE Council was advised that Mr. Ron
Four would no longer be able to serve on the Convention Center Committee.
Mayor Figenshow recommended that Maureen Dickson be appointed to take his
place. Motion by Mr. Separovich, seconded by Mr. Rock, that Maureen Dickson
be appointed to the Convention Center Ad Hoc Committee. Vote: Ayes-Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried.
COMPREHENSIVE PLAN REVIEW Council then was furnished with a proposed list of
persons who have indicated their willingness to serve on the various committees to review the City's Comprehensive Plan. Among themselves, the Council
discussed which of them would serve on each of the different committees and
it was decided that the official appointments would be made at the next
Council meeting.
I
Manager Olander reminded the Council of the second tour concerning the proposed Capital Inprovement Program on Wednesday, April 8, 1981, from 5:00 p.m.
to 7:00 p.m.
Councilman Moore asked about the status of the CETA employees and was advised
that the City had received word that the program would cease as of April 17,
1981 and that the City CETA employees had been notified. The problems
arising with the Library due to the loss of the CETA employees will be discussed at the next Council study session.
There being no further business to come before the Council, meeting adjourned
at 9:55 p.m.
April 20, 1981
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Roll call
found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow,
Tom Cleland, Charles Kiel and Kenneth Moore.
MINUTES OF PREVIOUS MEETING Motion by Councilman Kiel, seconded by Mr. Rock,
that the minutes of the previous meeting held on April 6, 1981 be approved as
if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore.
Motion carried.
I
CORRESPONDENCE Manager Olander offered to reply to several letters received
from property owners in the area.of West 3rd Street concerning the City's
considering their area for an arterial through-way to the west end of the
City. The Council was furnished copies of all said letters. It was pointed
out that there are no arterial streets in the area and there are no present plans
to designate any streets as arterial.
CITIZEN HEARINGS There was no response to the Mayor's invitation to speak on
any item not on the agenda.
OLD BUSINESS
There was no old business to be considered by the Council.
NEW BUSINESS
1981 WATER CONTRACT WITH OAK HARBOR Finance Director, George
Khtaian, reviewed the changes in rates set forth in the new contract to supply
water to the City of Oak Harbor resulting from increased costs of supplying
April 20, 1981 - - - - - - - -CONTINUED:
the water. Attorney Mansfield read, by title, a resolution authorizing
execution of the contract by the City Manager. The contract had already been
accepted by Oak Harbor. Motion by Mr. Separovich, seconded by Mr. Cleland,
that the contract be approved and the resolution be adopted and given
RESOLUTION NO. 658.
Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel,
Moore, Rock. Motion carried.
AWARD OF BID ON SALE OF SURPLUS WEAPONS Mayor Figenshow varied the order of the
agenda and asked to consider this item inasmu~h as Police Chief Lippe had other
business to attend to. Chief Lippe then reviewed the bids received for the
surplus, outdated weapons which were offered for sale. The highest bid received
for the weapons was from Greene's Gun Shop of Oak Harbor in the amount of
$1,425.00 and the lowest from Kesselring Gun Shop in Bellingham of $576.00.
Mr. Lippe also presented statements of the cost of replacing the equipment
with the best offer from Thrifty Sporting Goods. So that the police officers
will not be without weapons during the time it takes to get the new equipment,
Greene's Gun Shop agreed to wait until the new ones arrive before taking the
surplus weapons. Mr. Lippe recommended this course be followed. Motion by
Mrs. Kribs, seconded by Mr. Separovich, that the bid of Greene's Gun Shop in
the amount of $1,425 be accepted and also that the Police Department be
authorized to purchase the replacement equipment from Thrifty Sporting Goods
as recommended. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore,
Rock, Kribs .. Motion carried.
COMPREHENSIVE PLAN REVIEW Mayor Figenshow read the names of the Steering
Committee for this project as being: Knute Figenshow, Robert Hogg, Robert
Olander and Ken Kinzel along with the Chairmen of the six reviewing committees.
He then read the names of persons interested in serving on the six committees
(namely, Conservation, Industrial, Residential, Retail, Transportation,
Tourism/Recreation). He outlined, in general1 the procedure which will
accomplish the desired review of the City's Comprehensive Plan and Zoning
Ordinance by these committees and it was then agreed that the Committees
should be notified to attend next Monday's study session meeting. At that
time, each committee should elect a chairman and be given the basic instructions. for the project. Official naming of committee members will be at
the next regular Council meeting. There was additional discussion of the
purposes of the project; using the present plans as a foundation, etc.
AWARD OF BID FOR WATER METERS Public Works Director, David M. Ford, Jr.,
said that bids were opened on April 7, 1981 for 200 size 5/8" X 3/4" water
meters. Two bids were received; from Pacific Water Works Supply of Seattle
at $34.32 per meter and from Western Utilities of Seattle at $34.40 per
meter. Both firms agreed to allow the sum of $4.00 per meter if and when
the City has any to trade in. Mr. Ford stated the price was better this
year than last because the City purchased 200 instead of 100 at a time as
was done last year. Motion.by Mr. Kiel, seconded by Mr. Rock, that the
City accept the low bid of Pacific Water Works Supply in a total amount of
$6,863.45. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs,
Separovich. Motion carried.
AWARD OF BID FOR WASHINGTON PARK FLOATS AND PILINGS Parks Director, Steve
Colby, reviewed the base bids received which ranged from a low of $44,640 to
a high of $72,000. It was Mr. Colby's recommendation that the City accept
the entire project as proposed less one 20-foot float section. This would
include a concrete brow and float anchor, four 3-pile dolphins and five
20-foot float sections. To this base bid, he recommended adding one concrete brow and float anchor and four 20-foot float sections. The grand
total would amount to $80,489.00, including taxes. Inasmuch as the City
has budgeted monies in excess of the grant received from the IAC for this
project to cover the project as recommended, Mr. Colby asked that the Council
accept this proposal (referred to as Option No. 2). After additional discussionr motion by Mr. Kiel, seconded by Mr. Rock, that the bid from
Dawson Pile Driving be accepted, per Option No. 2, for a total of $80,489.00.
Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow.
Motion carried.
PROCLAMATION RECOGNIZING SENIOR VOLUNTEERS Mayor Figenshow read a Proclamation
declaring May 15, 1981 as Anacortes Retired Senior Volunteer Day to recognize
and show appreciation to the Senior Volunteers who have provided outstanding
service to the community. Motion by Mr. Kiel, seconded by Mr. Separovich
that this Proclamation be approved and ratified by the Council. Vote: Ayes-Kiel, Moore, Rock, Kribs, Separovich, Figenshow, Cleland, Motion carried.
I
I
I
4125
April 20, 1981
- - -continued:
PUBLIC HEARING DATE ON PETITION FOR VACATION Attorney Mansfield read, by
title, a resolution setting the date of May 18, 1981 for a public hearing by
the Council on a petition for vacation of a portion of "O" Avenue adjacent
to Block 6 of the Mary Eubanks First Addition to Anacortes. Motion by Mr.
Kiel, seconded by Mr. Separovich, that the resolution be adopted and given
RESOLUTION NO. 659. Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow,
Cleland, Kiel. Motion carried.
Councilman Separovich requested a short Executive Session following the
meeting for the purpose of discussing personnel.
I
There being no further business to come before the Council; meeting adjourned
at 8:40 p.m.
May 4, 1981
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Reverend
Al Baunsgard of the First Assembly of God Church gave the invocation.
ROLL CALL Present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow,
Tom Cleland, Charles Kiel and Ken Moore.
MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mrs. Kribs,
that the minutes of the previous meeting held on April 20, 1981 be approved as
if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel,
Moore. Motion carried.
CORRESPONDENCE
There was no correspondence, but Manager Olander drew the
attention of the Council to the presence of Mr. Ralph Edwards who had been working
on the microphone system in an effort to improve the reception. He suggested
the Council members turn off their mircophones when not in use.
CITIZEN HEARINGS There was no response to Mayor Figenshow's invitation to anyone in the audience to speak on any item not on the agenda.
OLD BUSINESS
There was no old business to b e considered by the Council.
NEW BUSINESS APPOINTMENTS TO COMMITTEES FOR COMPREHENSIVE PLAN REVIEW Mayor
Figenshow read the list of persons appointed to the Steering Committee, Conservation Committee, Industrial Committee, Recreational/Tourism Committee,
Residential Committee, Retail Committee and Transportation Committee who will
hold meetings over the next several weeks to consider any necessary revisions
to update the City's Comprehensive Plan. Each Committee has one Council member
and one Planning Commission member. Times, places and days of the committee
meetings are: Conservation: Tuesday, 8:00 p.m., Bldg. Dept. Conference Room,
City Hall. Industrial: Tuesday, 6:30 a.m., Kate's Restaurant. Residential:
Wednesdays, 6:30 p.m., Bldg. Dept. Conference Room. Retail: Wednesday, 7:30 a.m.
Harbor Restaurant. Transportation: Tuesday, 6:00 p.m., Bldg. Dept. Conference
Room. Recreation/Tourism: Thursday, 7:30 p.m., City Hall Conference Room B.
Motion by Mr. Separovich that all persons named be appointed unanimously.
Seconced.by Mr. Rock. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland,
Kiel, Moore, Rock. Motion carried.
PROCLAMATIO~
Mayor Figenshow read a Proclamation naming the week of May 3rd
to 9th as Skagit Family YMCA Week and urging citizen support to that organization.
Motion by Mr. Kiel, seconded by Mr. Rock, that the Council .ratify this proclamation.
Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion
carried.
I
PROCLAMATION Mayor Figenshow read a proclamation acknowledging and extending
appreciation to the Burlington-Northern Railway Company for its cooperation
and assistance in the City's acquiring the Anacortes Railroad depot. Motion
by Mr. Separovich, sec-nded by Mr. Cleland, that the Council ratify this
proclamation. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs,
Separovich, motion carried.
ACCEPTANCE OF 32ND STREET SIGNAL Jim Pemberton, Engineering Supervisor, reviewed
the background of this project on which construction began in November of 1980.
It was completed in February of 1981, but there were several items which did
not comply with specifications. These deficiencies have now been corrected
to the satisfaction of the Washington State Dept. of Transportation inspectors.
4J.2;Q}
May 4, 1981 - - - - - continued:
Mr •. Pemberton reconunended that the Council accept the project and authorize
release of $4,167.59 in retainage within 30 days providing no valid claims
or liens are filed with the City in that time. There was brief discusssion
of the total cost of the project and its mode of operation. From the audience,
Mr. Preston Holton voiced some dissatisfaction with the timing. Mr. Pemberton
advised this matter is presently being checked. Motion by Mr. Separovich,
seconded by Mr. Rock, that the City accept the signal and authorize release of
the retainage under the restrictions as stated. Vote: Ayes--Cleland, Kiel,
Moore, Rock, Kribs, Separovich, Figenshow. Motion carried.
LATECOMER AGREEMENT - EARL COOLEY Mr. Pemberton reviewed the circumstances
surrounding this request and stated that Mr. Cooley had Ray Jones Construction
put in a waterline extension from "B" Avenue west a distance of approximately
278 feet. Mr. Cooley has asked for a "Latecomer" agreement with the City to
allow him recovery of some of his costs of the waterline. The agreement
would effect Lots 16, 17 and half of 18 of Block 247 and lots 1 through 8
of Block 248 of the Anacortes Original Addition. Mr. Pemberton reconunended
that the City enter into the requested agreement because at the time Mr.
Cooley had the work done, the Citys policy was to enter into these agreements
and had indicated to him they would do so. Mr. Cooley then addressed the
Council and advised the reason it had taken so long for him to request the
agreement was because he had had difficulty in getting the proper information
from Mr. Jones. Mr. Pemberton reconunended that the City assess a 3% administrative fee for City staff time and effort over the past years and for
future collection of the agreement. Mr. Cooley objected to the 3% proposed
fee. Public Works Director, David M. Ford, Jr., pointed out that if the
agreement were approved, the City would have to flag the effected properties
so that when anyone applied for water service or a building permit, the City
would have to collect the latecomer's fee and turn it over to Mr. Cooley.
The City, in effect, acts as a collection agency for the party who put in
the line extension. Mr. Figenshow said he did not think a 3% fee was too much
for this service.
Motion by Mr. Separovich, seconded by Mr. Kiel, that the City enter into the
requested Latecomer's Agreement with Mr. Cooley subject to the staff recommendations as previously stated. Vote: AyesOOKiel, Moore, Rock, Kribs,
Separovich, Figenshow, Cleland. Motion carried.
AWARD OF BID - SANITATION CONTAINERS Operations Superintendent, Mike Foster,
advised the Council that the City had received two bids for three 3-cubicyard containers and fourteen 6-cubic-yard containers. Capital Industries, Inc.
bid totalled $11,752.10 and the bid from Dewald Northwest was $11,957.93.
Mr. Foster further advised that in the past there have been indications that
containers manufactured by Capital Industries do not comply with specifications
and to not hold up. Therefore, Mr. Foster contacted the president of that
firm and was assured that the containers would meet the specifications
except there would be only one hinge rod. Mr. Foster said his intent was
to have two rods, but the specifications did not clearly so state. Inasmuch as the state bid laws require acceptance of the lowest bid, it was his
reconunendation that the City accept the bid of Capital Industries and that
a close check be kept during construction of the containers to make sure
they meet specifications. If they do not, the City then reject the equipment. After additional discussion, motion by Mr. Separovich, seconded by
Mr. Figenshow, that the low bid be accepted and the inspection be followed
as reconunended. Under the question, there was further discussion of the
time it would take to reject all bids and call again, etc. Mr. Foster said
that time was of the essence with the summer tourist season coming. Vote:
Ayes--Moore, Rock, Separovich, Figenshow, Kiel. No--Kribs, Cleland. Motion
carried.
AWARD OF BID - ONE-TON FLATBED TRUCK On March 16, 1981, Council accepted the
low bid of Hinton Oldsmobile for a 1-ton flatbed truck. On April 13, 1981,
the City was advised by Hinton that they had made an error in their bid;
that the specified tires were not available and that an additional $274 would
be needed for proper tires. Adding the $274 to the original bid would not
bring it up to the amount of the second low bid from Trulson Motors, but
the City attorney was of the opinion it would not be legal for the City to
allow Hinton Motors to increase their bid; that they would be obligated to
provide the truck at the cost bid approved by the Council. By telephone,
they refused to do so and withdrew their bid. After some discussion,
motion by Mr. Kiel, seconded by Mr. Cleland, that the City accept the
second low bid from Trulson Motors in the amount of $10,600.80, with
the provision that there be no change in the bid amount due to the delay.
I
I
I
4127
May 4, 1981 - - - - - continued:
Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore.
Motion carried. Council instructed the City Attorney to follow up the
possibility of recovering the additional $500 cost to the City from Hinton
Oldsmobile due to their defaulting on their bid.
Manager Olander reminded the Council of the Capital Improvement Plan tour
Wednesday, May 6th, at 5:00 p.m. and that the Forest Management Plan would
be considered at the next Council study session on May 11th.
I
At this time, Mayor Figenshow recognized Mr. Del Taylor from the audience
who said he had wished to speak under Citizen Hearings, .but had not been
able to get to the meeting soon enough. Mr. Taylor then urged the Council
to consider taking all steps possible to complete the proposed 32nd Street
west end access road. It was Mr. Taylor's opinion that this access is
becoming increasinglTnecessary and that to stop work on it would be a
mistake. He asked that they make all effort to determine a final location
for a west end road and proceed as far as possible at this time. He said
he could see no suitable substitute for this project.
The Council was then advised of a major break in the 24-inch waterline which
goes across the Swinomish Slough. Divers have determined that there is a
joint pulled apart caused, apparently, by a shift in the line. Investigation
is presently being made to determine the cause of the shift and what and how
the line can be repaired.
There being no further business to come before the Council, meeting adjourned
at 8:40 p.m.
May 18, 1981
I
Meeting called to order at 7:30 p.m. by Mayor Figenshow. Roll Call found
present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom
Cleland, Charles Kiel, Ken Moore.
MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Cleland,
that the minutes of the previous meeting held on May 4, 1981 be approved as if
read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore.
Motion carried.
CORRESPONDENCE Manager Robert Olander read a letter from Publishers Forest
Products regarding their request for renewal of a variance from the Northwest
Air Pollution Authority. They advised that the hearing would be during the
month of June and requested the City's support. Mr. Olander also read a .letter
received from the Burlington-Northern Railway congratulating the City on its
acquisition of the old railroad depot. Motion by Mr. Kiel, seconded by Mr.
Rock, that proper City staff represent the City at the hearing before the
Northwest Air Pollution Authority in support of Publisher's application for
variance from the air pollution requirements. Vote: Ayes-~Kribs, Separovich,
Figenshow, Cleland, Kiel, Moore, Rock. Motion carried. Mayor Figenshow said
he would be attending the hearing.
CITIZEN HEARINGS There was no response from the audience to the Mayor's
invitation to speak on any item not on the agenda.
OLD BUSINESS
I
There was no old business to be considered by the Council.
NEW BUSINESS PUBLIC HEARING - VACATION OF A PORTION OF "O" AVENUE Mayor
Figenshow briefly reivewed the procedure for the public hearing and then
declared a public hearing to be open to receive information on a petition for
vacation of the portion of "O" Avenue described as the easterly fifteen feet
lying between 33rd and 34th Streets. Community Development Director Ken Kinzel
reviewed the petition stating the petitioner discovered his residence encroached
onto City right-of-way, complained to the title company who issued the title
insurance at the time of purchase of the property and, in order to remedy the
situation, the title company has agreed to pay for relocation of the house
if the additional land can be secured from the City right-of-way. This would
allow the property owner to secure clear title to the property. Mr. Kinzel
pointed out on a view foil the location of the subject property and requested
vacation.
One objection to the petition was received from the property owner immediately
to the north of the petitioner who did not wish to see the access to his
property lessened. "Q" Avenue in this location is currently unimproved and
May 18, 1981 - - - - continued:
deadends on the north at this property owner's tract of unplatted land. Both
the unplatted land and the land on which the petitioner.' s residence exists is
zoned Commercial. There are no public utilities existing in the subject
right-of-way. The Planning Commission held a public hearing on April 8, 1981
and recommends to the Council that the east 10 feet of "O" Avenue, north of
34th Street, be vacated. This would preserve a 70-foot right-of-way if the
property owner on the other side of the right-of-way does not also petition
for 10 feet; or, if he does, it would preserve a 60 foot right-of-way.
Representing. the petitioners, Mr. & Mrs. Knudson, Attorney Les Johnson
addressed the Council, confirmed the statements of Mr. Kinzel and further
explained that the additional land was necessary to conform to the code setback requirements before a permit could be secured to move the house. He
stated his clients would agree to a 10-foot vacation instead of their
requested 15-foot as this would allow the room they need.
I
From the audience, Mr. Dick Dildine, 1211 6th, said he felt that "O" Avenue
was potentiall a heavy traffic carrier running parallel to Commercial Avenue
and wondered if there wasn't some way the City could allow the house to be
moved and then take back additional right-of-way if it were needed.
There followed detailed and extensive discussion
area, the location of the utility lines, whether
moved without additional land (it couldn't - Mr.
code would not allow such a move in violation of
owner could never get clear title as long as the
right-of-way) ; the responsibilities of the title
matter, etc.
concerning the surrounding
or not the house could be
Mansfield explained the
the requirements; also the
house remained on public
insurance company in the
Mr. Terry Myers, 2310 Baron Place, said he felt the property should have
been surveyed before the house was built and that 10 feet should be the
maximum vacated.
Mr. Dildine again addressed the Council and suggested the house stay where
it is until the City needs the right-of-way; that it would save a lot of
people a lot of time and trouble. Mr. Johnson indicated his clients wished
a clear title which they could not get with the house on public right-ofway. Councilman Moore expressed uneasiness about the relationship between
the petitioners, Mr. Johnson and the insurance company. Attorney Mansfield
explained that the Council is required by law to look at whether the City
needs the right-of-way in these instances and that the reverse is also
true, if the City does not need the right-of-way, the Council can vacate
it regardless of the reasons for the request. Councilman Kiel requested
and received further explanation of the objection of the property owner to
the north.
I
From the audience, Mr. Ray Carpenter, 5001C Sunset Avenue, indicated his
realty firm had sold this piece of property 2 or 3 times over the past 15
years and it was his recollection that at one time it was owned by the
property owner to the north (Mr. Johnston) who is now objecting to the
vacation.
Pres Holton, 2310 11th Street, addressed the Council and reminded the Council
that some time ago he had asked the Council to put platted streets in these
acreage areas which would have eliminated the subject problem; he said he
believes the right-of-way should remain at 80 feet; if the house were moved
and then burned down, it could not be built again. Councilman Rock disagreed with this last statement stating a variance could be secured from
the Board of Adjustment. This brought up the possibility of a variance
without vacating part of the right-of-way and Attorney Mansfield said
that in that event the house to the east would then be only 3 or 4 feet from
the property line. Attorney Johnson indicated he and his clients have
already considered this possibility and rejected it. Mr. Separovich said
he felt the Council should do the best they could; that he felt a 60 or 70
foot right-of-way would be sufficient for the City and he favored the
vacation. Mr. Rock said he felt the Board of Adjustment should look at it
first. A petition for variance would have to be filed with that Board.
Mayor Figenshow declared the public hearing closed and Mr. Moore moved that
the Council postpone their decision until such time as action is taken by
the Board.of Adjustment. Seconded by Mr. Rock. Under the question, Mr.
Separovich asked what would happen if no petition were filed with the
Board of Adjustment for them to make a decision. Mr. Johnson reiterated
that he and his clients had priviously determined this was not the route
they wished to take and such a delay would be an inconvenience. Councilman Kiel felt the Council should explore the necessity fo an 80-foot
right-of-way and asked for examples of streets with 60 foot rights-of-way
Mr. Ford mentioned "M" Avenue, Skyline Way, etc. Vote: Ayes-Figenshow,
Kiel, Cleland, Moore, Rock, Kribs. No--Separovich. Motion carried.
I
May 18, 1981 - -
.-continued:
. ;·
Mrs. Kribs asked Mr. Johnson to what extent the insurance company was
responsible in this matter and Mr. Johnson said it would depend on what
his clients decided to do.
I
I
PUBLIC HEARING - PROPOSED MOBILE HOME PLANNED UNIT DEVELOPMENT - SINGING HILLS
Mayor Figenshow delcared a public hearing open to consider a proposed mobile
home park designed as a planned unit development. Mr. Kinzel described the
proposal as covering 10 acres with a total of 58 units. The Planning Commission held a public hearing on April 22nd and recommended approval subject
to 13 conditions as follows: (1) All streets in the development are public
with 34-foot paving and concrete curb and gutter. Fifty feet of right-ofway is required for all streets with concrete sidewalks on one side. (2)
Anacopper Road shall be paved to the centerline and concrete curb and gutter
provided with a 5-foot sidewalk the length of the property on Anacopper Road.
(3) Enclosed storm drainage system provided for the full length of the property
abutting Anacopper Road. All storm drainage within the development shall be
enclosed and designed and built to City specifications and subject to approval
of the Public Works Director.
(4) Sanitary sewer provided to City specifications and also subject to approval of the Public Works Director.
(5) Water
system provided and built to City standards and specifications and also
subject to the approval of the Public Works Director and Fire Chief.
(6)
Street lighting provided to City standards on Anacopper Road and within the
development.
(7) Appropriate access and maintenance easements for utilities
provided subject to City approval.
(8) All traffic control and identifications signs provided by the developer as required by the Public Works
Director.
(9) All open spaces, common paths and buffer strips indicated on
the plans approved by Planning Commission and Council to be deeded to a
property owner's association and adequate provisions for perpetual maintenance
and care by that association be contained in owner covenants.
(10) All garbage
receptacles brought out to the streets for collection.
(11) The southern
cul-de-sac dedicated through to Anacopper Road and provide for an all-weather,
emergency vehicle only access.
(12) All landscaping, berms, paths in common
areas, buffer strips, street scapes and pathways on plans approved by the
Planning Commission and Council provided by the developer and guaranteed by
the developer for a 2-year period. Any dying or unhealthy plantings shall be
replaced by the developer during the 2-year guarantee period.
(13) The
trail system be paved with an impervious surface.
Mr. Kinzel stated the plan has been reviewed by staff and is in accordance
with the PUD ordinance. Staff recommends approval subject to the 13 conditions
recommended by the Planning Commission.
Representatives of the developers then presented their proposal for the mobile
home park with an opening statement by Mr. Ken Gentry of Mt. Vernon. Mr. Gary
Klockenteger of Jones Associates, Bellingham, who had some time ago presented
a cost analysis to the Council when a larger plan had been proposed, advised
the Council that his cost figures had not changed to any great extent, but
now with a redesigned, smaller park proposed, the developer had incorporated
ways to make a 10-acre park economically feasible - including more singlewide spaces, lots with the house and landscaping all done, etc. He maintained
that the developer plans an attractive, well-designed park and is agreeable
to all the conditions proposed by the Planning Commission. Ms. Anita Purdey
showed slides of mobile homes in conjunction with a recorded informational
presentation about the growth of mobile home living, the costs compared to
"stick-built" homes, how they are financed, built to HUD standards, and fill
the need of present-day families who are not able to finance a home under
present economic situations.
I
Mr. Nat Washington, 3131 Western Avenue, Seattle, consultant for the developer,
addressed the Council and said their proposal included more amenities than a
standard subdivision; the requirements under the City's PUD process make it
comparable to "townhouse" lots in other parts of the County or State. H.e
reiterated that their proposal is in no way to be the old "long box on a
narrow lot" type of development and they will assure that there will be
private management to take care of it and see it is properly managed. He
went into some detail concerning the sensity criteria; pointed out that 1/4
of the area of the park is open space, there is a recreation fie·ld area;
additional off-street parking area; buffer strips; over one-half of the
lots have a view of open space or front on open space; as many of the trees
as possible will be preserved; the homes are in groupings; considerations
has been given to solar orientation to conserve energy; the lots can
accomodate many different kinds of homes and more than adequate parking.
He described the proposed landscaping in detail.
May 18, 1981 - - - - - -continued:
There followed an extensive and detailed discussion with the Council members
asking questions of the developers and staff concerning parking, pathways,
an additional 18-foot strip alonq~the east side which the developer proposed
to deed to the park as it is of no use to him; street widths; fire hydrants;
longevity of mobile homes; traffic circulation; (a lot of these were addressed
in the 13 conditions recommended by the Planning Commission) ; whether Anacopper
Road is adequate .to serve the potential traffic; (Mr. Ford said he felt it was);
the possible joining with other sub-divisions in the area; provisions for
pedestrian safety and traffic circulation patterns; access for emergency
vehicles. Mr. Carpenter pointed out there were some central lots in the
park where there was only one access for two lots; stated he owns the
property to the south and believes the road access is not good; with the
airport very close and the possibility of other property nearby being turned
into the same use, the marketability of his property would be affected.
I
Terry Myers, 2310 Baron Place, said he also owns property in the area and
feels that Anacopper Road, going up to the mobile home site, does not meet
the requirements of the code for access. Mr. Dick Dildine, 1211 6th, said he
felt the Comprehnsive Plan needed clarification about what constitutes a
mobile home park; he felt they should be situated the same as any other home;
should not be situated away from the center of the City. Mr. Ralph Scott,
2008 29th Street, concurred with many of the concerns; said he has trouble
getting up Anacopper Road in the winter and additional traffic generated by
this proposal is not going to.help the traffic situation; believes it should
remain a low density area.
Another principal of the developer (did not get name) addressed the Council
and said he had been an owner of another mobile home park east of Sedro
Woolley; it was his opinion that the people who lived there appreciated being
aways out of town; there were neighboring animals and no one minded.
His
opinion was that buying a home was becoming beyond the grasp of many people
and that manufactured homes were beocming more and more popular, but that
the locating of them was the problem. He feels the proposed park will be
a first class, attractive development. Regarding the volume of traffic,
believes it is not as great as some people feel; the proposed park is not
at the end of the airport, more alongside; and the zoning code and PUD
process prevents the development from becoming transient. Mr. Nat Washington
reiterated that with all the requirements of the PUD process, it definitely,
by all standards, is for very permanent residences and more restrictive
and costly than a regular subdivision.
In reply to a question from Mrs.
Kribs, Mr. Gentry said the use for the 8 acres he has left alongside this
proposed development had not yet been decided, but he doubted it would
be a mobile home park because of the requirements for open space, etc.
Ms. Purdy, by way of information, advised the Council that less than 2%
of the mobile homes placed in a mobile home park are ever moved later;
she.also said that mobile home owners are not just young people starting
out or retired people, but a good cross section of the population.
I
In reply to a question from Mr. Myers, Mr. Gentry estimated the cost of one
of the lots at $12,500 to $14,000 and then the cost of a home between
$24,000 to $26,000 for a double wide size and then the costs of setting
up around $2,000 to $2,500 which would total considerably less than a
present-day stick~built home of comparable size.
There followed discussion of Anacopper Road, it's width, classification
(collector), it's capacity, whether it met the criteria required; discussion of allowable density in the area; whether it would be intersected
by other streets and the volume of traffic which could be generated therefrom; the probably number of people which could be expected to live in
the proposed development (Mr. Klockenteger said statistics would indicate
less than 2 people per unit or a maximum of 116); the kinds of mobile
homes which could be expected (a Design Review Committee would pass on the
type of homes which will be put on the lots); again, the future development of the additional 8 acres owned by the developer, and Mr. Olander
opined that his interpretation was that if another park were to be developed
adjacent to this one, it would be a violation of the intent of the code.
Mr. Dildine said he felt the problem was in the intent of the mobile home
ordinance and that parks should not exist a long way from the central
area of the City. Mayor Figenshow said he felt the subject should be
continued and Mr. Gentry interjected to say he could assure the Council
he had no intention of building another mobile home park next to this one.
Motion by Mr. Separovich, seconded by Mr. Kiel, that this public hearing
be continued to the next regular Council meeting on June 1, 1981. Vote:
Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion
carried.
I
May 18, 1981 - - - - continued:
Mayor Figenshow declared a 5-minute recess and upon reconvening the
meeting:
I
Public Works Director Dave
CALL FOR BIDS FOR 1981 STREET OVERLAY PROJECTS
Ford asked permission to call for bids for street overlay projects on "R"
Avenue north betwen al2nd and 34th and on "O" Avenue between 2nd and 6th
Streets. Money for these projects has been budgeted. Motion by Mr.
Separovich, seconded by Mr. Kiel, that permission be granted to call for
bids as requested. Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs,
Separovich, Figenshow. Motion carried.
CALL FOR BIDS ON 1981 WATERLINE CATHODIC PROTECTION Mr. Ford requested
permission to call for bids on 3 cathodic protection wells to protect the
steel water pipelines. This is a continuation of the City's program and
the three wells would be located in the Padilla Heights area from
Reservation Road to the City's old booster station on the southwest corner
of Marches Point. The monies for this project are available in the 1981
budget. Motion by Mr. Kiel, seconded by Mr. Cleland, that permission be
granted to call for bids as requested. Vote: Ayes--Kiel, Moore, Rock,
Kribs, Separovich, Figenshow, Cleland. Motion carried.
SET PUBLIC HEARING DATE FOR STREET VACATION IN NORTHERN PACIFIC ADDITION
Proposed resolution setting public hearing date of June 15, 1981 on a
petition for vacation of a street in the Northern Pacific Addition in Block
912 was read, by title, by Attorney Mansfield. Motion by Mr. Rock, seconded
by Mr. Seaprovich that this resolution be adopted and given RESOLUTION NO.
660.
Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow, Cleland,
Kiel. Motion carried.
SET PUBLIC HEARING DATE FOR PROPOSED FOREST MANAGEMENT PLAN Mr. Olander
recommended the date of June 1, 1981 for this public hearing date. Motion
by Mr. Rock, seconded by Mr. Separovich, that the date of June 1, 1981 be
set for a public hearing on the proposed Forest Management Plan. Vote:
Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Carried.
I
RESOLUTION AUTHORIZING 1981 WATER CONTRACT WITH TEXACO, INC. Finance
Director, George Khtaian, reviewed with the Council the formula by which
the City negotiated with Texaco for the rates for water furnished to Texaco
for the year starting April 1, 1981. The rates are based on three different
categories of charges - "Capacity", "Fixed", and "Variable". The Capacity
charge is negotiated only every 5 years. The other two are negotiated each
year and are based, among other things, on the actual costs of producing
the water. The 1981 rates for Texaco are: $15,197 monthly capacity charge
plus $13,077 monthly fixed operating charge, plus $59.22 per million gallons
variable operating rate. Mr. Mansfield read, by title, resolution authorizing
the City Manager and City Clerk to execute the amendment to the Water Contract
with Texaco establishing these rates. Motion by Mr. Kiel, seconded by Mr.
Separovich that the resolution be adopted and given RESOLUTION N0.661. Vote:
Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion
carried.
Mayor Figenshow then excused himself from the meeting and left the room
because of a conflict of interest regarding the next item of business. Vice
Mayor Separovich took the Mayor's chair.
I
RESOLUTION AUTHORIZING 1981 WATER CONTRACT WITH SHELL OIL COMPANY Mr.
Khtaian, as with the Texaco contract, advised the Council that the same formula
was followed in negotiations with Shell Oil Company for their water rates for
1981. The rates for Shell's monthly Capacity Charge and Variable Operating
Rate are the same as for Texaco, but their 1981 Fixed Operating Charge is
$13,077. Mr. Mansfield read a resolution authorizing the City Manager and
the City Clerk to execute the amendment to the Shell Oil Company water contract
establishing the rates as stated above. Motion by Mr. Cleland, seconded by
Mr. Kiel, that the resolution be adopted and given RESOLUTION N0.662. Vote:
Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion carried.
There being no further business to come
at 11:10 p.m.
Ida Rolph, Exe
before ~Coun:ytj
AAig~, Mayor
adjourned
4132
June 1, 1981
Meeting call-d to order at 7:30 p.rn. by Mayor Figenshow. Roll Call found
present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Torn Cleland,
Charles Kiel and Ken Moore.
MINUTES OF PREVIOUS MEETING Motion by Mr. Cleland, seconded by Mr. Rock, that
the minutes of the previous meeting held on May 18, 1981 be approved as if read.
Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Carried.
CORRESPONDENCE City Manager Robert Olander read a letter received from the
Skagit County Commissioners regarding a joint County-City jail facility, and
asking Anacortes to enter into an agreement with the County in accordance with
the state law after the proper steps have been taken. The second piece of
correspondence was a letter from the State Office of Archaeology and Historic
Preservation notifying the City that Causland Park has been selected by the
Keeper of the National Register for placement in the National Register of
Historic Places.
CITIZEN HEARINGS In response to the Mayor's invitation to anyone in the audience
to speak on any item not on the agenda, Mr. John Noyes, 2419 12th Street,
addressed the Council concerning a recent article in the newspaper which indicated
the Council was considering widening 12th Street and Oakes Avenue to facilitate
traffic to the west end of Anacortes. Mr. Noyes emphatically stated he was
not in favor of such a proposal or of additional studies; that there was a
definite need for a separate route to the west end. Mayor Figenshow explained
to Mr. Noyes that this was not being considered at this time; that the
Transportation Committee studying the City's Comprehensive Plan was specifically addressing the problem and invited the public to attend their meetings.
Mr. Del Taylor, 2303 Highland Drive, said no one in the Skyline area had been
contacted regarding such a proposal. He also was invited to attend the
Transportation Committee meetings. Vera Beacham, 1514 12th, said she was not
in favor of widening 12th; George Gains, 3001 Oakes, also objected saying the
highway was supposed to continue directly west from where it entered Anacortes;
Joan Krueger, 1712 12th, not in favor of a 4-lane roadway on 12th; suggested
the traffic be shared with other alternate routes. John Noyes said he
thought that 15th Street would take care of the problem. Councilman Separovich
agreed there should be an alternate route to the west end. Dick Dildine,
1211 6th Street, said there would be complaints about any one street that
might be made a heavy traffic carrier and that he believed the developers
should provide the access needed and that the original grid system should
be followed to ease the problem. Sheldon Kochel, 5119 Doon Way, opined that
all planning is wrong that allows expansion of a commercial area out away
from the center of the City, such as the west end.
I
I
OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON PROPOSED MOBILE HOME PLANNED
UNIT DEVELOPMENT - "SINGING HILLS". Mayor Figenshow declared a public hearing
to be open on the proposed mobile home park development to be located on the
east side of Anacopper Mine Road southerly from Oakes Avenue. City Manager
Olander reviewed the issue to date and the information received during the
public hearing on May 18th. One piece of correspondence had been received
from Robert J. & Carol Mccaffery of Anacortes protesting the development
because of unsolved traffic problems which would be increased by the development.
Public Works Director, David M. Ford, Jr., reported on the traffic capacity
of the present Anacopper Mine Road and stated that the ideal level of
capacity is 200 to 250 vehicles per hour which allows movement without undue delay. The projected traffic volume corning off of Anacopper Mine Road,
the existing development in the area, the airport.traffic, etc. in his
opinion, would not exceed the capacity and the roadway would be adequate.
There followed extensive and detailed discussion of the traffic volumes in
the area between the members of .the Council, the proponents of the development and City staff.
Council questioned the square footage of the lots; a single-wide mobile
home lot should be 3,000 square feet and a double-wide lot must be 4,500
square feet. Mr. Ford pointed out that each and every lot is checked
prior to the filing of a final plat. Mr. Gary Klockenteger of Jones
Associates, assured the Council the lots were the size required. It was
his opinion the traffic generated would not amount to as much as projected
by Mr. Ford.
From the audience, John Noyes; 2419 12th Street, reiterated that the City
should take care of the traffic problem already existing before allowing it
to increase. Mr. Pres Holton said he felt there would be problems arising
in endeavoring to give the City services required. Terry Myers, 2310 Baron
Place, presented the Council with a petition signed by 124 people opposing
I
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June 1, 1981 - - - - -continued
I
the .proposed mobile home development, and questioned the paving widths on
Anacopper Mine Road. At this point, Mr. Klockenteger said the City could
possibly use the funds the developer would spend to improve Anacopper Road
on other projects in the City. Councilwoman Kribs que~tioned the setbacks
from the lot. lines of the mobile homes and was informed that according to
the City's ordinance, there must be a minimum oflO feet between units and
25 feet from the property boundaryline abutting a street or highway and 15
feet from other boundary lines of the development. Councilman Cleland asked
about the different shapes of mobile homes and whether they would be considered
"double-wide"; Mr. Nat Washington asked what the maximum would be for a
double-wide and was advised this is one of the problems being addressed by
the Comprehensive Plan review. The developer, Mr. Gentry, pointed out that
he had been working on this proposal for over a year to date, his costs had
been increasing and he would appreciate a decision on the matter.
Councilman Moore stated he felt this was a difficult decision to make because
of the apparent traffic problems; that the City may have to look at the larger
picture in Anacortes and get basic capital improvements done before the City
can logically allow more development of the area. Mr. Washington asked if
this meant all development in the west sector of Anacortes.and said bhat if
a moratorium were placed on new development until the Comprehensive Plan was
completed, it would create a pent-up demand which would only increase the
problems. Mr. Separovich pointed out the Council had to take note of the
great concern of a large number of people about the apparent traffic problems
and Mr. Washington said these should be considered at the same time.
Mr.
Figenshow asked if the proposed cul d' sac in the development could be opened
onto Anacopper Road .and Mr. Ford replied the City had agreed to the proposal
as shown with approval.from the Fire Department.
Councilman Kiel stated that he felt that if the Council used the traffic
problem to deny approval of the proposal when it had met all requirements,
then the Council could not in good faith approve any other development.
There followed additional discussion concerning the additional 8 acres owned
by the developer, improvements to Anacopper Road, widths of street right-ofways inside the park, and widths of the sidewalks and walkways around the park.
I
From the audience, Terry Myers asked about the legality of an easement through
the park, Vera Beacham said she felt the traffic on 12th should be considered
before this proposal is decided upon. Mr. George Gains asked if the park was
to be managed and Mr. Washington informed him they proposed to have it managed
by a property management team to assure its being well taken care of.
Mr. Gentry said that because of the concern over added traffic, he would be
willing to consider an additional condition to the approval to the effect that
there would be no units placed in the park for a period of one year after the
date of approval. He explained their plans would be development in phases not all at once; there would not be a lot of traffic all at once.
I
Mr. Dildine said he felt Mr. Moore' idea was good, not to allow development
until the traffic problem was solved. John Noyes agreed with Mr. Dildine.
Mayor Figenshow pointed out that all the Comprehensive Plan would do would set
the plans; there still had to be money to make the improvements and the City
had none. If the City created a moratorium, there probably would be lawsuits;
there is no money from federal grants, so how can it be funded. Noyes was in
favor of stopping all development; Krueger suggested sharing the traffic with
other streets; Debra Murdock asked if the Council had set a plan and was
advised they did not. Councilman Moore explained that people were responding
to a suggested alternative proposed by Mr. Olander for consideration only;
that the Council has already considered many other proposals. He suggested
the public get involved in the planning in the Comprehensive Plan. Mr. Kiel
said the solution was in planning and building more roads. Mr. Olander reminded
the Ciuncil of the "Systems Development Charge" concept which was rejected not
too long aago as a means of generating revenue. Mr. Gentry, to recap, said he
was not opposed to opening up the cul d' sac and would agree to 4-foot sidewalks.
Mr. Noyes opined that the City could not afford to go any further if it cannot
afford the present problems. Mr. Klockenteger reiterated that possibly the
City would wish to consider using the funds earmarked for Anacopper Road someplace else and said if the City were to cut the growth, they would cut out the
. possibility of receiving grants.
Mayor Figenshow then declared the public hearing closed. Motion by Mr. Kiel,
seconded by Mr. Moore, that this matter be continued to the next regular Council
meeting on June 15, 1981. Under the question, Mr. Separovich said he could not
see what would be gained by continuing the matter. Vote: Ayes--Figenshow,
Cleland, Kiel, Moore. No--Kribs, Separovich, Rock. Motion carried.
June 1, 1981 - - - - - - continued:
The time being 9:50 p.m., Mayor Figenshow delcared a short recess.
reconvened at 10:00 p.m.
Meeting
NEW BUSINESS - PUBLIC HEARING - FOREST MANAGEMENT PLAN Mayor Figenshow delcared
a public hearing to be open to consider the proposed Forest Management Plan. for
ity owned forest lands. Manager Olander stated this plan was the result of
approximately a years work by a Committee appointed by the Council to draw up
a proposal to manage the Anacortes Community Forest Lands so that they may be
preserved, enhanced and protected for posterity. Mr. Olander described the
Committee's work in preparing the draft plan, holding public hearing, making modifications as a result thereof and then read a statement of testimony from the
Co-mittee Chairman, Bob Rose, as he could not attend the meeting. Mr. Rose
briefly reviewed the plan and urged the Council to adopt it as a beginning in
the management of the City's forest resources.
I
Mayor Figenshow asked for comments from the audience and Mr. E. T. Murphy,
3611 West 6th, found the plan well balanced and felt it should be adopted for.
the long term community interest. Debra Murdock, on behalf of herself and her
father, Gerald Knutson, said she didn't think there was much change in the
trails caused by motorbikes and that the bikes, in fact, kept the trails open.
Rochelle Wallace, 818 25th, stated she was chairman of the Conservation Committee studying the City's Comprehensive Plan and that that Committee would
like to go on record as supporting the Plan as proposed.
Larry LaRue, 1201 8th Street, said he thought the City wanted to raise money by
selling timber from the forest lands. Gene Hayfield, Chairman of the Parks
and Recreation Advisory Board, advised the Council that the Park Board had
re-affirmed the concerns expressed to the Council in a previous letter about
this matter. Jerry Wallrath, 1216 15th Street, said he knew that a lot of
people in the community went over the trails, cleaned them up and kept them
open. He pointed out that the plan calls for all money from any timber sales
was to go back into the ACFL for the upkeep and conservation of the lands.
He believed 9 out of 10 of the bike riders were responsible and did not damage
the lands, but there was evidence that one in ten who did. The effectiveness
of the plan would rest with the quality of the people who would manage it.
He recommended passage of the plan and then a piece of the land used as a test
area.- He believed enforcement could be worked out.
Roy Murdock, 2021 12th Street, believes the plan is good, but is biased
against the trail riders; that trail riders could be of help and are the
biggest users. Rick Latham, 2013 "L" Avenue, said his concern was that the
City get some type of management plan in action and urged passage of the plan.
I
Dick Dildine said the forest is the way it is now because it was to be a
watershed. If at some future time the City reviews the issue and sees it
is not being successful, there should be a stipulation allowing the forest
to revert to its completely natural state. Becky Martin, 818 32nd, said she
believed the plan was poorly written and should provide that money be made
by the city.
Councilman Kiel said that in the long term, there should be some income in the
future. He read from page 50, and suggested this section be re-named "Finance".
He further suggested that there be an addition to the Goal under this sec-tion
as follows: In the long term, monies generated from resources which exceeds
the cost of management purposes may be used for the general benefit of the
City as determined by the City Council. Mr. Del Taylor, a member of the
Forest Committee, said the plan was not to spend money, but to invest it in
the resource; that it would be a long time down the road before there would be
money in excess of needs. Mr. Wilson Daw (?), 382 Yokeko Drive, said he was
very happy to see the plan, but would not like to see the income uses limited.
Rick Wallace, 818 25th, said that Goal No. 4 on ~age 9 of the plan answered
the question of use of any money. Also, he said he had seen a lot of damage
done by bike riders.
Councilwoman Kribs did not think Mr. Kiel's addition was necessary. Jim
Merrit of 392 Yokeko Drive, said he was a retired professional forester
and thought the plan was excellent though he thought the day of "freebies"
was over. He felt that everyone who uses the forest land should be required
to pay a fee. Mr. Separovich disagreed with this concept. Mr. Dildine said
he thought the land could be used without its being exploited and that managing, as suggested, is going to cost money. Mr. Taylor said the problem is the
lack of management for the past 20 years. Mr. Figenshow and Mr. Latham both
agreed with Mr. Taylor. Further discussion of Mr. Kiel's suggested addition
and Mr. Rock said he felt the concept was already in the plan; Mr. Cleland
agreed with Mr. Kiel; Mr. Moore also, though he felt there should be a
limitation of some sort.
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4135
June 1, 1981 - - - - continued:
From the audience, Mr. Ro.n Pinson, 1311 27th Street sa:i.d there were many
volunteer organizations in the City who can help keep this resource for the
citizens; believes it is a good plan (if areas aren't closed up too much);
he believes that some light boating should be allowed. Laura Kohler of
1101 29th Street, asked what methods would be used to "harden" the trails as
described on page 41 and Mr. Moore advised this would be something the
management team would have to consider.
I
Mr. Dildine reiterated that management would still cost money; Mr. Moore did
not agree; Mr. Olander said the plan could be amended as problems arose and
Mr. Taylor said the plan probably would be reviewed from year to year.
Councilwoman Kribs pointed out the necessity of managing the lands and drew
the displeasure of the trail bike riders . . Bob Jahns, 1228 C Fidalgo Bay Road,
said he owned property in the vicinity of the area being considered and that
he had had problems with trespassers; under a good management policy, many
other people who do not now use the resource would be able to do so with better
access.
Jerry Curtis, 1016 30th, said he felt the land developers should be kept from
developing the land. Mayor Figenshow then declared the ptiblic hearing closed.
Motion by Mr. Kiel that the Forest Management Plan be adopted with the section
titled "Funding" be changed to "Finance" and "In the long term, monies
generated from resources which exceeds the cost of management pruposes may be
used for the general benefit of the City as determined by the City Council" be
added to the Goal under that section. Seconded by Mr. Moore. Vote: Ayes-Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried.
Attorney Mansfield then read, by title, a resolution adopting the Management
Plan for Anacortes Forest Lands. Motion by Mr. Separovich, seconded by Mr.
Moore, that the resolution be adopted and given RESOLUTION N0.663.
Vote:
Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried.
Inasmuch as the hour was very late, motion by Mr. Kiel, seconded by Mr. Separovich
that this meeting be continued to 7:30 p.m. June 8, 1981. Vote: Ayes--Cleland,
Kiel, Moore, Rock, Kri.bs, Separovich, Figenshow. Motion carried.
I
Manager Olander requested a short executive session with the Council to discuss
a property transaction.
Meeting adjourned at llolO p~
Ida
Mayor
June 8, 1981 - continuation of meeting of June 1, 1981
Meeting called to order at 7:30 p.m. by Mayor Figenshow. Roll call found present
Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles
Kiel. Ken Moore entered approximately 10 minutes later.
CORRESPONDENCE City Manager Robert Olander read a letter received from the
Anacortes Business Community requesting that Commercial Avenue be blocked off
between 5th Street and 8th Street on July 18, 1981 for the purpose of a "Shipwreck Fleamarket". The businessmen propose to have 20-foot curb-side spaces
for special sale booths. The time would be from 7:00 a.m. to 6:00 p.m. Intersections with cross streets would not be blocked. After a brief discussion,
motion by Mr. Rock, seconded by Mr. Separovich, that the request be granted.
Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion carried.
Continuing the agenda of the meeting of June 1, 1981:
I
PUBLIC HEARING - REQUEST FOR REZONE, BERENTSON PROPERTY NORTH OF AIRPORT Mayor
Figenshow declared a public hearing open to consider a request to change the zoning
from Residential Low Density (RL) to Light Manufacturing (LM) the 13+ acres located
at the north end of the Anacortes airport. This area was previously considered
as a residential plat known as "Hilltop". Ken Kinzel, Community Development
Director, stated as follows: the petition for rezone was reviewed by staff and
the Planning Commission with the following results: (1) changing the area to LM
would eliminate potential residential hazards of noise from the airport; (2) the
LM designation would be an extension and enlargement of the existing and abutting
LM zone to the south and provide additional vacant undeveloped land for additional
LM use (most of the City's LM areas are located along the waterfront and there
is not adequate upland areas for development of any scale) ; notices were sent
to property owners within 300 feet and no responses received; (3) the aviation
easements in existence would not be effected; (4) potential traffic generation
would depend on specific land uses and employment levels ultimately locating
in the area; (5) the intent of the LM zone is to accomodate businesses which are
4136
June 8 - - - - - - -continued:
not compatible with uses found in the Central Business District and Industrial
zones; (6) under conditional use, there could be multi-family dwellings, condominiums, single family homes and motel.
The Planning Commission held a public hearing on May 13th, 1981 and recommends
the City Council approve the rezone to LM as requested. Staff did not have a
specific recommendation as they felt either RL or LM would be appropriate for
the area. The only adverse effect of the LM zone might be to isolate two small
areas of RL now owned by Mr. Berentson. Mr. Kinzel showed the view foil map
and pointed out there was a fairly large piece of property between the Berentson
land and Oakes Avenue on the north owned by the Demopoulos Trust. This owner
had no objection to the rezone.
Mr. Buehl Berentson, 3307 "H" Avenue, addressed the Council and briefly reviewed
his prior proposal which he withdrew. He said he had talked with neighboring property owners and they feel they would be better off with the LM zoning
than Residential High. He asked whether the Council had any questions and Mr.
Separovich asked if he had any idea what kind of business might go in or how
many jobs might be generated. Mr. Berentson said he did not know yet. Councilman Cleland then said he felt there were several problems with the proposal
and he had no indication they had been addressed by either the Planning Commission or the staff - namely, that if the rezone were granted, there would
be a frontage on Oakes Avenue of some 600 feet distance (more or less) which
would allow for commercial development such as boat sales and repair,
restaurants, nurseries, veterinary clinics, car wish, etc. It was Mr. Cleland's
opinion that such commercial development should not be allowed on Oakes Avenue;
that he believed the Council's policy was not to allow additional commercial
businesses to go out Oakes Avenue, but keep them in the already commercial
districts. He said it was possible that the Demopoulos Trust would then request
the same zoning and thereby increase the distance along Oakes with the same
potential.
There followed detailed sicussion of requiring a "green belt" along the Oakes
Avenue perimeter to prevent such commercial development; a roadway across the
southern end (with Mr. Berentson supplying the total right-of-way if the Port
of Anacortes takes too much time to consider contributing part of it) for
residential access into the Clearidge Addition; whether attaching "conditions"
to the granting of a rezone, such as right-of-ways, is legal (Attorney Mansfield
opined it was permissable provided the need was generated by the rezone area);
the possibility of the Port of Anacortes requesting a right-of-way from the
FAA, etc. Manager Olander advised the Council could rezone all except a strip
on Oakes Avenue as a solutio_n to preventing commercial development. Mr.
Berentson also said he was willing to dedicate his share of the land necessary
to improve Anacopper Mine Road, on the east side of his property, at the time
the City and/or Port or private property owners agree to share in the improvements. Councilman Kiel agreed that some kind of buffer should be on Oakes
to maintain the character of Oakes.
I
I
From the audience, Dick Dildine, 1211 6th Street, asked if the approach path
of the airport placed any height limitations on possible industry or manufacturing in the area. There was no specific reply. There was additional,
repetitive discussion of the pros and cons of a buffer strip, how wide it
should be, whether it owuld be effective; whether it would be legitimate;
whether it should be left LM, etc. Mr. Berentson said he was willing to
give a 50-foot buffer, but not 150 feet. After consideratble more discuss-.
ion, Mayor Figenshow delcared the public hearing closed and asked for the
Council's pleasure. Motion by Mr. Separovich that the request for rezone
from RL to LM be granted with a buffer zone along Oakes Avenue of 100 feet
be deeded to the City. This motion died for lack of a second.
Councilman Moore expressed his concerns: · that a buffer was needed, but he
was unable to determine what kind or how wide it should be; that there
shoul_d be no access into the LM zone through the buffer (then there were
arguments that easements could be obtained through the privately-owned
property at either end of the buffered strip) ; that there should be an
access roadway between residential areas (to run between the airport
and the proposed LM zone); and that Anacopper Mine Road should be improved.
There was additional discussion and Mr. Kiel moved that the petition for the
r~zone be granted subjec to (1) a 50-foot buffer zone being established along
Oakes Avenue with no expanded access through it; (2) a forty-foot right-ofway be set aside for an east-west roadway on the south boundary of the
property for future development - with actual wording of the conditions to
be drafted by the City Attorney. Seconded by Mr. Figenshow. There was
additional discussion and before the vote on this motion, Councilwoman Kribs
moved to table the motion for one week to allow the Council to make a trip
I
June 8, 1981 - - - - continued
4137
to the location of the subject property and view it first hand, on Wednesday,
June 10th at 5:00 p.m.
Seconded by Mr. Rock. Vote: Ayes--Kribs, Cleland,
Moore, Rock. No--Separovich, Figenshow, Kiel .. Motion carried.
I
ORDINANCE ADOPTING 1979 CONSTRUCTION AND FIRE CODES Council was advised state
law mandates the adoption of certain Uniform Codes for building, mechanical,
housing, fire, plumbing, etc. Attorney Mansfield further said that local
governments can modify such codes as long as they do not make application of
the codes less strict. He stated the proposed ordinance had numerous modifications previously explained to the Council. He read, by title, the proposed
ordinance adopting the codes as modified. From the audience, former Mayor Jim
Rice, addressed the Douncil and said he felt that on page 2, item H, which
required a $75.00 fee prior to submitting building plans for a single family
residence to be paid to the City Building Department, was a little high b.ecause
there were instances where people change their minds and the building is not
constructed. He recommended that if this happens, a portion of the fee should
be refunded or a lesser fee charged. Council then considered the previous
fee schedule as compared to the proposed schedule after discussion, motion by
Mr. Kiel, seconded by Mr. Moore, that consideration of adoption of the Uniform
Building and Fire Codes be tabled until background information could be secured
on the new fee schedule. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel,
Moore, Rock, Kribs. Motion carried.
Next item on the agenda pertaining to establishment of "no parking" areas in
Skyline was dele.ted as the necessary ordinance had not been prepared.
ORDINANCE AMENDING 1981 BUDGET Finance Director George Khtaian advised several
housekeeping changes needed to be done in the 1981 budget: (1) in the Library
Fund due to the loss of two CETA positions; (2) in the General Fund to pay for
one-half of another Court Clerk for an 8 month period; (3) in the Revenue
Sharing Fund to comply with Revenue Sharing regulations (no change in fund total)
Attorney Mansfield read, by title, a proposed ordinance authorizing these
necessary housekeeping measures. Motion by Mr. Separovich, seconded by Mr.
Kiel, that the ordinance be passed and approved and given ORDINANCE NO. 1852.
Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock, Kribs.
Motion carried.
I
June 15, 1981
Meeting called to roder at 7:30 p.m. by Mayor Figenshow. Invocation was offered
by Reverent A. L. Baunsbard of the First Assembly of God Church. Roll call found
present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland,
Charles Kiel and Ken Moore.
MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Kiel, that
the minutes of the meeting of June 1, and continued to June 8, 1981 be approved as
written and as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland,
Kiel, Moore. Motion carried.
I
CITIZEN HEARINGS Mayor Figenshow asked if anyone in the audience wished to speak
on any subject not on the agenda and Mr. John Noyes, 2419 12th Street, addressed
the Council stating that a number of residents living on 12th Street and along
Oakes Avenue were very upset over the continued development in the west end of
Anacortes and that they had asked him to inform the Council that unless the City
halted development in that area until such time as the traffic problem was solved,
they intended to file a class action suit against the City to stop construction
west of "D" Avenue for that purpose. Mrs. ·vera Beacham, 1514 12th, seconded Mr.
Noyes' statement. There was some discussion of just what was meant by "development"
and Mayor Figenshow commented that if the citizens were entitled to bring such a
suit, those people who wanted to develop in the west end also had the same right.
Councilman Kiel referred to the minutes of the meeting of the Transportation
Committee of June 9th, 1981 in which their final recommendations to the City's
Comprehensive Plan were set forth. Specifically, he wished the Goal No. 4 be
read into the record: "Provide for movement of traffic as expeditiously and safely
as possible to West Anacortes west of "D" Avenue. Under this Goal, there were six
policies as follows: (1) Provide alternate routes to 12th Street/Oakes Avenue
corridor to West Anacortes which meet local access and emergency access needs of
residents, i.e. encourage development of new routes over existing rights-of-way.
(2) Improvement to east-west circulation patterns are to be done in a manner
which will maintain safe and convenient access to downtown area.
(3)
Plan for --:·-.::-.:=-:: -·.
phased development of east-west streets and roads to meet increased traffic
4138
June 15, 1981 - - - - -continued:
demands.
(4) Maintain existing dedicated rights-of-way intact.
(5) In future
subdivision developments, plat rights-of-way so they tie in with existing rightsof way where practical.
(6) Develop a future street right-of-way plan for areas
where rights-of-way do not exist.
Mayor Figenshow expiained that the findings of the six different committees working
on the six sections of the Comprehensive Plan would beput together in the next
month or six weeks and then the City would be able to hold the public hearings
so that everyone would be advised of the proposals for the Plan; and that it
eventually would be completed in approximately 3 months.
Pres Holton, 2320 11th Street, said he understood that there were portions of the
Anacopper Mine Road that didn't belong to the City as there were also other places
in the City and that the City should take care of these "loose ends". There
followed discussion of the City's rights to some of these rights-of-way by way
of use, etc. and the City's on-going project of acquiring such rights-of-way as
the money was available, etc. Mayor Figenshow pointed out that the Council was
presently going through a Capital Improvement Plan porcess to determine the
priorities and thus be better able to plan for the necessary things a budget
time.
I
CORRESPONDENCE Manager Olander read a letter from Publishers· Forest Products
Comapny thanking the Council for their support in Publishers' request for an
extension of a variance from the requirements of the Northwest Air Pollution
Authority. The extension was granted after a public hearing on June 10, 1981.
OLD BUSINESS - REZONE REQUEST OF BUEHL BERENTSON At the meeting of June 8,1981
Council tabled the decision on a motion on this request for rezone of property
located at the north end of the Anacortes airport. The Council wished to visit
the property and further consider the matter.
Before again considering the proposed motion, correspondence was read as
follows: letter from Mr. Jack Hill, owner of the property on the west side of
the subject parcel.
Mr. Hill said he would like a buffer strip between his
property and the rezoned area if it were granted.
A letter from Mr. Berentson setting forth his proposals resulting from the
deliberations to date as follows: (1) to hold 40 feet of the east end of his
property for future public roadway and utility pruposes at such time as the
City would acquire other dedications or acquisitions from other abutting
owners along the east end of the-property; this 40 feet of land would not be
included in the gross area for purposes of maximum building coverage, parking
requirements, setback measurements or any other purposes under the use restrictions or an LM zone; (2) 30 feet on the south line of his property to be held
in the same manner and under the same conditions as the 40 feet on the east
side; (3) a 50-foot setback on the west end of the property abutting the street
right-of-way instead of the 10 feet now allowed under the requirements in an
LM zone; (4) there would be no expanded access to his property from Oakes
Avenue. A view foil map was shown of the area in question.
I
Mayor Figenshow reported the Council had visited the area and wished to withdraw his second to the motion made by Councilman Kiel on June 8,1981 granting
the rezone subject to the stipulations as subsequently listed in Mr. Berentson's
letter. This withdrawal voided the motion for lack of a second.
There was discussion about the ownership of Anacopper Road and it was determined
that because it has been used by the public for more than seven years, it has
become public property; this was confirmed by the City Attorney. There was
discussion about the right-of-way along Oakes Avenue abutting the subject
property, the smaller piece of land owned by Mr. McKee which jogs into the
subject property, etc. Councilman Cleland indicated he would like to see
the west boundary of the LM zone run from the southwest corner of Mr.
Berentson's property directly north to Mr. McKee's property and then northeast along the southeast boundary of McKee's property and extending northeast
to the north property line of Berentson, and then east to Anacopper Road.
A view foil was shown indicating this proposal. Mr. Cleland also felt there
should .be a 20-foot construction setback in the LM zone from any adjacent
RL zone; and that no access be permitted to or from the LM zone to Oakes
Avenue through the adjacent RL zone.
Mr. Berentson, 3307 "H" Avenue, then addressed the Council and suggested,
instead of a 50-foot buffer along Oakes Avenue, that a 100-foot green belt
be left along Oakes Avenue which would allow residential lots. Another view
foil was,shown with this proposal. Councilman Kiel was still concerned about
possible access into the proposed LM zone through the McKee property and Mr.
Berentson said it would not be impossible, but would be very improbable.
I
June 15, 1981 - - - -continued:
He proposed, to prevent such access, that a covenant be drawn which would run
with his land which would prohibit access through the RL zone.
Manager blander pointed out that a 100-foot RL zone along the west side of Mr.
Berentson's property would allow only residential lots which he did not think
was good platting; Mr. Berentson did not agree; Councilman Moore agreed with
Mr. Berentson.
I
Councilman Kiel then moved that the rezone be granted with the northwest
boundary to be set back 100 feet from the Oakes Avenue right-of-way (as shown
on view foil titled "Alternate B"). leaving the area zoned RL between the LM
zone and Oakes Avenue and accepting the four additional conditions as outlined
by Mr. Berentson. Seconded by Mr. Moore.
Mr. Cleland then moved to amend this motion further to the effect that there be
a 20-foot construction setback in the LM zone from any adjacent RL zone.
Seconded by Mr. Rock. Vote on this amendment: Kribs-yes. Separovich--yes.
Figenshow--no. Cleland--yes. Kiel--yes. Moore--yes. Rock--yes. Amendment
carried.
Mr. Cleland then moved to amend the mnrion further to the effect that no access
be permitted to or from this LM zone to Oakes Avenue throuqh the adjAcent RL
zone. Seconded by Mr. Kiel. Vote on.this amendment: Separovich--yes. Figenshow-Clela~d--yes, Kiel--11P.s
Moore--ves. Rock--ves. Kribs--ves. Amendment carried.
Mayor Figenshow then called for the· vote on the original motion as amended:
Vote: Figenshow~-yes, Cleland--no, Kiel--yes, Moore--yes, Rock--no, Kribs--no,
Separovich~-no.
Motion failed.
Councilman Kiel asked the Council·members who voted "no" if they hadanother
motion to offer. Councilman Rock said he felt that the proposal which draws
the LM boundary in a straight line north from the northeast corner of Mr. Hill's
property to the southeast corner of Mr. McKee's property (known as Alternate B)
was a better proposal.
·
I
After additional discussion, motion by Mr. Cleland, seconded by Mr. Rock, that
instead of the 50-foot buffer strip, Alternate "A" be accepted and the west
boundary of the LM zone run from the southwest corner of Mr. Berentson's land
directly north to Mr. McKee's property and then northeast along the southeast
boundary of McKee's property and extending nort~east to the north property line
of Berentson, and then east to Anacopper Road. .. Under discussion, it was
pointed out that this proposal would leave a .Piece 0£ land. just over 4,000
square feet in area east of Mr. McKee's property which would not be large enough
to do anything with. Mr. Rock withdrew his second to th~s motion.
Mr. Cleland then moved the Council accept Alternate "A 1'. as he described in his
previous motion adding the acceptance of the 40-foot strip for right-of-way
on Anacopper Road; the 30-foot right-of-way on the south boundary; a 20-foot
construction setback in the LM zone; and that no access·be allowed through or
from Oakes Avenue to the LM zone. Seconded by Mr. Separovich. Mr. Berentson
objected to the 20foot construction setback in this proposed motion pointing out
there was a 20-foot rear yard setback required in an RL zone and a 10-foot setback reqired in an LM zone. Mr. Kiel asked Manager Olander to read from the
zoning code the permitted uses in an LM zone and then said he felt the motion
under consideration was not a good one. Mr. Cleland said he would withdraw the
20-foot construction setback condition; this was also accepted by Mr. Rock.
There was additional discussion on possible use of the remaining RL zoned
property owned by Mr. Berentson and it was brought out that there was nothing
to preclude a street within the LM zone to get to the RL zone. Mi. Berentson
again said he would be willing to covenant with the City to prevent access
through the RL zone.
I
Mrs. Kribs moved to amend Mr. Cleland's motion to have the small remaining RL
section enlarged to the point of a normal size RL building site, 7,500 square
feet. Seconded by Mr. Rock. Vote: Ayes--Cleland, Rock, Kribs. No--Kiel,
Moore, Separovich, Figenshow. Motion failed.
Mayor Figenshow then called for a vote on the original motion of Mr. Cleland.
Vote:Kiel--no, Moore--no, Rock--yes, Kribs--yes, Separovich--no, Figenshow--no,
Cleland--yes. Motion failed.
Mr. Kiel then moved that the Council reconsider his previous motion which was
for acceptance of boundary lines as shown on Alternate B and included the 100-foot
strip to remain as RL along Oakes Avenue, the 40-foot strip along Anacopper Road
for future public roadway, the 30-foot strip between the airport ·and the south
boundary of Mr. Berentson's propertx, and no access through the RL zone to the
LM zone from Oakes Avenue. Seconded by Mr. Moore. There was some discussion
about the propriety of this motion and it was deemed proper. Vote: Moore--yes,
Rock--no, Kribs--no, Separovich--yes, Figenshow--yes, Cleland--no, Kiel--yes.
Motion carried.
June 15, 1981
- - continued:
City Attorney was instructed to prepare the necessary ordinance and agreements
for Council's next meeting.
There was a recess from 9:25 p.m. to 9:30 p.m.
CONTINUATION OF CONSIDERATION OF PROPOSED MOBILE HOME SUBDIVISION - "Singing Hills".
Mayor Figenshow asked Mr. Kinzel to show the view foil map of the location of
this proposed mobile home planned unit development and .t'o briefly outline the
proposal.
Manager Olander read the following correspondence received since
the last meeting: a letter from Mrs. Ralph R. (Colleen) Scott, 4008 29th St.,
indicating she felt the City needed~ a mobile home park, but that it should
not be located in a low residential area. She gave several reasons for this
and said she felt the Council should make no decision until the .Comprehensive
Plan was completed and/or the traffic problem in the west en.d solved. Also,
a letter from M~. w. c. Rockwell, 4015 Airport Road, urged the proposal be
denied because he felt it would locate too many residential units too close
to the airport and he did not feel it was compatible with adjacent land u·ses.
A letter from the proponent, Kendall Gentry, listed<~a summary of the findings
relating to the proposed Planned Un_;_t Development indicating the developer had
complied in all respects to the requirements of the code; had agreed to all
the ·conditions recommended by the Planning Commission and City staff and asked
that a decision be made.
I
The public hearing on this matter was concluded at the Council meeting of
June 1, 1981. The Council and City staff then discussed in detail several
different aspects relating to the proposal including: the criteria and methods
of determining the bonus density percentages allowed in the Residential
Planned Unit Development section of the code; the streets which could
possibly be opened for access into or through the development and their
present status of being opened (West 3rd, West 4th, West 5th, West 6th,
includ.f.ng· the· cross-· streets of Minnesota,· Illinois, Kansas, etc.)
Mr. Gentry presented the Council with a petition signed by residents and
property owners of .Anacortes who had reviewed the site plan for the proposal
and stated they wish and need this type of housing in Anacortes, that the
developers have proposed a desirable plat for the community and asking for
its approval. The petition had 151 signatures. Mr. Kiel commented that
this petition was signed by several residents who lived on 12th Street or
Oakes Avenue.
I
There was additional discussion among the Council members about the original
grid system of streets with Councilman Moore commenting he felt this type of
proposa:V-Lnterferred with the logical, orderly development of that part of the
City under the grid system and Councilman Cleland pointing out that the City's
PUD system conflicts with this concept and Mrs. Kribs saying she felt the
proposal would set the tone for the area and, if allowed, would not be consistent with what the City wishes.
Mayor Figenshow reminded the Council this proposal has been in the "works" for
over nine months now and the proponent deserved a reply. The Council again
reiterated various objections and road blocks which have come to light during
consieration of the project.
Motion by Mr. Moore that the proposal be denied. Seconded by Mr. Rock.
Under discussion, Mr. Moore was asked his reasons and he reiterated he felt
it was an interruption of the logical development of the area; was contrary
to the best interests of the community and did not take into consideration
the long range development of the City.
At this point, representatives of the developer addressed the Council and
expressed their dismay at Council's objections after their compliance with
all the code requirements, requested conditions, etc. Councilman Cleland
said he did not believe the Council should deny the proposal because it did
not fit the grid system.
Mayor called for vote on the motion: Moore--yes, Rock--yes, Kribs--yes,
Separovich--no, Figenshow--no, Cleland--no, Kiel--no. Motion failed.
Mr. Kinzel again read the recommended conditions proposed by the Planning
Commission as stated in detail in the minutes of the Council meeting of
May 18, 1981. Mr. Olander reminded the Council they also discussed requiring deeding the added strip on the east side of the plat to the property
owner's association; and that instead of requiring the paving of the ~·
developer's portion of Anacopper Road, he be required to participate in
an LID for that road; that the southern roadway inside the PUD be
developed to a full exit to Anacopper Road instead of just as an
emergency exit. The developer also had said he would agree to delay any
I
414111June 15, 1981 - - - - - continued:
residency in the development for a periodof one year from date of approval.
I.t was also suggested that possibly the northern "hanuner-head" street be
put through to Ohio Street. There followed discussion of the developer's
area for storm water retention, its. purpose and action.
I
There was additional discussion of the density bonus points under the RPUD
process and the necessary criteria. Mayor Figenshow asked how the Council
could possibly reduce the density which had been calculated and Attorney
Mansfield advised (along with Manager Olander) that the Council would have
to determine that the density as earned would be detrimental to the public
health, safety and welfare or generate too much traffic, etc. Mr. Figenshow
said he felt Anacortes needed a mobile home park, but that the bonus points
should not have been given; that there were too many units planned for the
small piece of ground. Attorney Mansfield advised the Council that if they
felt the density was too high, or the demand on utilities too great, or the
overall impact on the community detrimental, they could require the entire
plan to be re-done. Mr. Moore said he felt there should not be more than
4 units per acre.
At this point, Mr. Gentry reminded the Council that he had proposed a much
larger development on 18 acres with each space having 5,000 to 7,000 square
feet, but the Anacortes ordinance would not allow anything of that size.
Mr. Natt Washington, consultant for the developer, again went over the items
they had complied with in order to acquire the bonus density points; Mr.
Gary Klockenteger, cost analyst, answered some questions concernin g the
percentage of the density; there were comparisons of lot coverages under
the RPUD, RL and RM; more discusssion on a possible LID to improve
Anacopper Road with other property owners participating; how an improved
road would match up when additional right-of-way was acquired; etc.
.
I
'
Mayor Figenshow then said he would like. to suggest the. Council. cons.i4E?.r -,.. : - .
adding the following conditions to the already-agreed-to 13 conditions
listed by the Planning Commission and staff; (1) the developer agree to
participate in an LID for the-improvement of Anacopper Road and, if it were
not completed within 18 months, that the developer would go ahead and do his
own portion of the paving to City standards; (2) the developer would
provide a left-turn lane on Oakes Avenue to Anacopper Road; (3) the developer would make a full ·road exiting onto Anacopper Road instead of the culd-sac at the south end of the project (4) delay any residency for one year;
(5) provide a 6-foot paved trail all the way around the perimeter of the
project; and (6) reduce the sendity by 15%, or 52 units. Motion by Mr.
Separovich to that effect. Seconded by Mr. Kiel. After additional discussion on the number of units permitted in the project, Mr. Moore moved
to amend the motion that there be 50 units allowed instead of 52. Seconded
by Mr. Kiel.
Vote on the amendment: Ayes--Kribs, Separovich, Figenshow, Kiel, Moore.
Noo-Rock and Cleland. Amendment carried.
Vote on the original motion: Ayes--Separovich, Figenshow, Cleland, Kiel,
Moore. No--Rock. Motion carried.
Motion was then made by Mr. Kiel, seconded by Mr. Cleland, that the project
be approved subject to the 13 original conditions suggested by the Planning
Commission, the subsequent 6 conditions just approved by the Council which
allowed only 50 units, so that the intent of the Planning Commission's
requirements and those just passed are all included in the final resolution
of approval that the Council will be voting on formally next meeting. Vote:
Ayes--Separovich, Figenshow, Cleland, Kiel. No-- Moore, Rock, Kribs.
Motion carried.
I
Mr. Rock commented that the Council had approved a lot of development in the
west end during the past 3 years and the Council should now be ready to .address
the traffic problem in the area.
Mr. Kiel agreed.
NEW BUSINESS - PUBLIC HEARING ON REQUEST FOR STREET VACATION Councilman
Separovich noted that it was long past the hour for the Council to pass good
judgment. Mr. Rock agreed and moved to table this item (a) under new business
to the next meeting.. Seconded by Mr. Kiel Vote: All ayes--motion carried.
ORDINANCE - "NO PARKING' ZONES ON SKYLINE WAY AND HUGHES"LANE Public Works
Director, Dave Ford, explained this proposed ordinance to prevent parking on
the east side of Skyline Way, between Hughes Lane and Kingsway, and on the
north side of Hughes Lane from Skyline Way west to the center of the cul-desac was to relieve the congestion in those areas particularly on the weekends.
41412
June 15, 1981 - - - -continued:
These "no parking" areas are recommended by the Traffic Safety Committee.
From the audience, Sheldon Kochel advised the Council that neither of these
streets had been accepted by. the City of Anacortes and did not meet City code.
Mr. Ford assured the Council that this was not true, that both streets had been
accepted and were completely up to City standards. A view foil of the location
was shown and, after additional discussion, Attorney Mansfield read, by title,
the ordinance authorizing the parking restrictions. Motion by Mr. Rock,
seconded by Mrs. Kribs, that the ordinance be passed and approved and given
ORDINANCE NO. 1853·. Vote: All ayes--rnotion carried.
ACCEPTANCE OF CATHODIC PROTECTION PROJECT Council was advised by Mr. Ford
that the installation of a cathodic protection system on the 16-inch and
20-inch steel water lines running from Longview Avenue to 20th Street
had been completed; allowed to operate for some time to assure they functioned
properly and then monitored for approximately 6 months before the final report
was provided by the Norton Corrosion Company who installed the system. The
protection is being provided and all systems are operating according to
design. Mr. Ford recommended the project be accepted by the Council in order
to begin the 30-day lien period and also that staff be authorized to release
the retainage at the end of that 30 days provided no claims are received.
Motion by Mr. Kiel, seconded by Mr. Cleland, that this project be accepted
as recommended and that staff be authorized to release the retainage at the
end of the 30-day period if no claims are received. Vote: All in favor,
motion carried.
I
There being no further business to come before the Council, meeting adjourned
at 11:15 p.rn.
July 6, 1981
Meeting called to order at 7:30 p.rn. by Mayor Figenshow. Roll call found
present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Torn
Cleland. Absent: Charles Kiel, Ken Moore.
I
MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Rock,
that the minutes of the previous meeting held on June 15, 1981 be approved
as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland.
Motion carried.
OLD BUSINESS - ADOPTION OF 1979 BU!LDING AND FIRE CODES City Manager, Robert
Olander, addressed the Council explaining the proposed ordinance before
Council was an updating of the codes, and that it was possible for the Cdrty.c:U.
to adopt the Uniform Building Code with more stringent requirements, but
not less. The ordinance does include an amended fee schedule which shows a
25% increase in the 1976 fee structure.
Mr. Mansfield read the ordinance by title. Mr. Cleand moved that.the
ordinance be adopted and given a number. Motion seconded by Mr. Rock. Under
the question, Mr. Separovich stated in his opinion this was a form of tax and
that some other means should be considered. Mrs. Kribs inquired how many
builders contributed to this, and was this really a satisfactory alternative
to what was originally proposed. Mr. Olander then gave background information
on how this structure was arrived at, and that at the last study session it
was determined that 25% :i. increase in the fee structure over the 1976 rates would
cover costs of building inspection for 1981. Mr. Separovich stated he stood ~
firm on not raising taxes, and perhaps this could be looked at during budget
process. Mr. Olander explained that Council has held the philosophy that
there was no profit to be expected, but merely a fee to cover the cost of
building inspection; therefore, that is the way the fee structure had been
made up. Mrs. Kribs commented that something like this would effect a
large amount of people in town, and felt that this. item should be tabled
until full Council was in attendance to vote. Mr. Cleland noted that this
would affect the general taxpayer if the fees were not raised, and this
should not be done to cover Building Department costs.
Mrs. Kribs moved that matter reaardinq Building Department Codes and fees
be delayed for two weeks until a full quorum of Council is present. Mr.
Rock seconded the motion. Vote: Ayes--Kribs, Separovich, Rock. Nayes-Figenshow, Cleland. Motion carried.
I
July 6, 1981 - - - - - -continued:
OLD BUSINESS - REZONE ORDI~S:~-~~D AGREEMENT - PROPERTY NORTH OF AIRPORT
Steve Mansfield, City Attorney, addressed Council giving the background
information on the proposed rezone request by Mr. Buehl Berentson; and
he detailed the proposed ordinance and agreement attached.
Mr. Separovich commented that this covered all points, and he moved that
the ordinance to amend the zoning map be adopted and given a number.
Mr. Rock seconded the motion. Under the question, Mr. Cleland inquired
if a certain piece of property would be affected by the 100-foot buffer
. strip, and Mr. Olander stated it would, and was included in the description.
I
After briem discussion, Mr. Cleland moved that the subject be tables until
full Council is in attendance. Mrs. Kribs seconded the motion. Vote:
Ayes--Cleland, Kribs. Nayes--Separovich, Figenshow, Rock. Motion defeated.
Vote on original motion to adopt ordinance amending zoning map: Ayes-Figenshow, Separovich. Nayes--Cleland, Rock, Kribs. Motion failed. Mayor
Figenshow noted that this matter would be taken up at the next regular meeting.
NEW BUSINESS - REQUEST FOR STREET VACATION, LOTS 6, 7, BLOCK, 912, NORTHERN
PACIFIC ADDITION
PUBLIC HEARING Mayor Figenshow explained that the street
vacation request, petitioned for by Mr. Buehl Berentson, would be a public
hearing and stated the procedure which would be followed. He then declared
the public hearing to be open.
Mr. Kinzel, Director of Community Development, displayed a transparency and
indicated the subject area, commenting that he had received no objections
from City staff regarding this request. When asked, Mr. Berentson stated
he had no further information to offer on the matter. Mr. Dave Ford,
Director of Public Works, explained the background of the request and noted
that because of the steepness of grade of the street, it was decided that
it probably would not be used for street purposes. Mr. Rock inquired if
there was an appraised value on the property, and Mr. Kinzel responded
that this would be done in house and would have to be agreed to by Mr.·
Berentson. After further discussion, Mayor Figenshow declared the hearing
to be closed.
I
Mr. Mansfield read the ordinanee, and Mr. Separovich moved that this ordinance
be adopted and given ORDINANCE NO. 1854. Mrs. Kribs secondeq the motion.
Ayes--Cleland, Rock, Kribs, Separovich, Figenshow. Motion carried.
CONTRACT - COMMUNITY HEALTH COUNCIL Mr. Olander addressed the Council and
explained the origination of the Community Health Council which was started
by D~ane Lowell, Superintendent of the Anacortes School District, to combat
drug and substance abuse in the community. He stated this resolution would
be an agreement between the Health Council and the City Library. Mr. Mansfield
then read the resolution by title. Mr. Separovich moved that thxs resolution
be adopted and given RESOLUTION NO. 664. Mr. Cleland seconded the motion.
Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland. Motion carried.
GENERAL PROVISIONS ORDINANCE Mr. Mansfield explained that this ordinance
had been discussed at the last study session; and that the City is recodifying
the City Codes, and the final result will be an Anacortes City Code which
will be easy to use by all and kept up to date. The ordinance establishes
general provisions, definitions and penalties applicable to ordinances ·
adopted by the City.
May Figenshow inquired if this would affect City policing of City lands
outside the City limits and Mr. Mansfield responded they would not maintain
authority outside the City. Mr. Cleiand moved that the general provision
ordinance be adopted and given ORDINANCE NO. 1855.
Mr. Rock seconded the
motion. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Rock. Motion
carried.
I
July 20, 1981
Meeting called to order at 7:30 p.m. by Vice-mayor, Ray Separovich. Invocation
was offered by Rev. v. J. Bachman of the Westminster United Presbyterian Church.
Roll call found present: Bud Rock, Karolyne Kribs, Ray Separovich, Charles Kiel
and Ken Moore. Knute Figenshow and Tom Cleland were excused.
MINUTES OF PREVIOUS MEETING Motion by Mr. Rock, seconded by Mrs. Kribs, that
the minutes of the previous meeting held on July 6, 1981 be approved as if read.
Vote: Ayes--Rock, Kribs, Separovich, Kiel, Moore. Motion carried.
CORRESPONDENCE Mr. Separovich read a letter he had received from Representative
Pat Fiske concerning the stop light at 22nd Street.
CITIZEN HEARINGS In response to Mr. Separovich's invitation to speak on any
subject not listed on the agenda, Sergeant O'Leary of the Anacortes Police
Department addressed the Council, gave them an advertising brochure, and asked
that they participate in the Police Department's "Dunk Tank" booth during the
Arts and Crafts Festival on August 1st and 2nd. Sgt. O'Leary advised that the
proceeds from this endeavor go to the Anacortes Police Officer's Association
for their community services.
OLD BUSINESS - 1979 BUILDING AND FIRE CODES City Manager Robert Olander
briefly reviewed the Council's deliberations concerning the 1979 Building and
Fire Codes indicating that the Council favored only a 25% increase in rates
over the 1976 rates rather than the higher rates listed in the 1979 fee schedule.
Other minor changes made by the Council also were included in the proposed
ordinance. Mr. Olander read, by title, the proposed ordinance adopting the
1979 Uniform Building, Mechanical, Housing, Fire, Plumbing, etc. Codes with
Council's changes. Motion by Mr. Kiel, seconded by Mr. Rock, that the ordinance
be passed and given ORDINANCE NO. 1856. Under the question, Mrs. Kribs asked
why the fee schedule had to be part of the ordinance and Mr. Olander explained
that the fee schedule was part of the Uniform Code and, in order to amend the
fee schedule, it had to appear in the ordinance as an amendment to the Code.
Councilman Moore inquired whether the Codes included any standards for energy
conservation as have been adopted in other parts of the country and Mr. Olander
pointed out it did include the Washington State Energy Code which became
effective in June of 1980 - also, at any time in the future, amendments could
be made regarding energy. Vote: Ayes--Kribs, Separovich, Kiel, Moore, Rock,
Motion carried.
I
I
STREET IMPROVEMENT ORDINANCE Manager Olander stated this was another
ordinance which had been studied by the Council for some time before its
passage last year. The purpose was to develop some standards regarding old
plats not requiring present-day improvements. The original ordinance, after
a year of being in effect, presented some problems and the proposed new
ordinance corrected the deficiencies. From the audience, Mr. Dick Dildine,
1211 6th Street, said he felt the opportunity to waive the required improvements by execution of an agreement not to oppose an LID for the improvements
was a "loophole" for developers. Mr. Olander explained this was not the
case because the waiver could only be granted on a single family or duplex
residential structure proposed to be built on arterials.
Mr. Olander then read, by title, .the proposed ordinance. Motion by Mr. Moore,
seconded by Mr. Kiel, that the ordinance, as revised, be adopted and given
ORDINANCE NO. 1857.
Vote: Ayes--Separovich, Kiel, Moore, Rock, Kribs.
Motion carried.
NEW BUSINESS - RESOLUTION AUTHORIZING AGREEMENT WITH EMERGENCY MEDICAL
SERVICES COUNCIL Fire Chief Cecil Little, addressed the Council and said
the proposed agreement with the Skagit/Stanwood/Camano Emergency Medical
Services Council is basically the same agreement as was in effect for 1980
with the exception of an increase in revenues. There was discussion of
the source of the revenues and their districution. Chief Paramedic John
Morphy answered some questions from the Council. Manager Olander read,
by title, a proposed resolution authorizing execution of the agreement for
1981. Motion by Mr. Rock, seconded by Mr. Kribs, that the resolution be
adopted and given RESOLUTION NO. 665.
Vote: Ayes--Kiel, Moore, Rock,
Kribs, Separovich. Motion carried.
RESOLUTION - JOINT SPHERE OF INFLUENCE AGREEMENT Manager Olander pointed out
that some time back the City had adopted a resolution and exeucted an agreement with Skagit County concerning land use and development-related decisions
by both entities. The County has now decided they wished some alterations
in the original resolution. Mr. Olander described the changes and said he
felt all the additions suggested appeared fair and reasonable and he
I
July 20, 1981 - - - - -continued:
recommended the revised resolution be adopted. After a brief discussion,
motion by Mr. Moore, seconded by Mr. Kiel, that the amended resolution be
adopted and given RESOLUTION NO. 666.
Vote: Ayes--Moore, Rock, Kribs,
Separovich, Kiel. Motion carrie~
I
WASHINGTON PARK FLOAT PROJECT Parks Director Steve Colby advised the Council
that this project is now completed to the entire satisfaction of the City.
He requested acceptance of the project as complete and the 30-day lien period
started and that staff be authorized to release the retainage of $7,595.20
at the end of that period provided no valid claims are submitted during that
time. There was some discussion of the costs and it was pointed out that the
whole project was completed for much less than originally anticipated.
Councilman Kiel asked if there was any insurance on this capital improvement
and Manager Olander agreed to look into it. There was some discussion about
the advisability of removing the floats in bad weather, etc. Motion by Mr.
Kiel that the project be accepted, the 30-day lien period initiated and the
10% retainage released at the end of that period if no claims are received.
Seconded .by Mr. Rock. Vote: Ayes--Rock, Kribs, Separovich, Kiel, Moore.
Motion carried.
AMENDMENT TO 1981 BUDGET ORDINANCE - LIBRARY PLANNING GRANT Manager Olander
advised that last year the Council authorized the Library to apply for a
Planning Grant from the State. It was granted and now it is necessary to
make some amendments to the 1981 Budget to account for the revenues and
expenditures resulting from this grant. It wzs a 100% grant, the City is
not required to expend any funds on the project. There was a brief discussion
of the purpose of the grant and the work expected to be accomplished. Mr.
Olander then read the proposed ordinance by title. Motion by Mr. Kiel,
seconded by.Mrs. Kribs, that the ordinance be passed and given ORDINANCE NO.
1858. Vote: Ayes--Kribs, Separovich, Kiel, Moore, Rock. Motion carried.
Mr. Separovich asked whether the City had purchased some wild cat or skunk
traps. Mr. Olander said it was an item that had been cut out of the budget,
but possibly could be reconsidered.
I
Mr. Olander requested a brief executive session to discuss labor negotiations.
There being no further business to come before the Council, meeting adjourned
at 9,45 p.m.
:::Vdt~
how, Mayor
August 3, 1981
Meeting called to order at 7:35 p.m. by Mayor Knute Figenshow. There was no
miniter present to offer the Invocation. Roll Call found present: Bud Rock,
Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel and Ken Moore.
Karolyne Kribs was absent .
.
MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Cleland,
that the minutes of the previous meeting held on July 20, 1981 be approved as
if read. Vote: Ayes--Rock, Separovich, Figenshow, Cleland, Kiel, Moore.
Motion carried.
CORRESPONDENCE
I
There was no correspondence to be heard by the Council.
CITIZEN HEARINGS In response to the Mayor's invitation to speak on any subject
not on the agenda, Pres Holton, 2320 11th Street, addressed the Council and
congratulated the City on the clean-up of the downtown area after the Arts and
Crafts Festival over the past weekend.
OLD BUSINESS - REZONE ORDINANCE AND AGREEMENT - BERENTSON Mayor Figenshow
delayed this agenda item to see if Councilwoman Kribs would be in attendance
a little later.
NEW BUSINESS - 1981 SKAGIT COUNTY SOLID WASTE PLAN Manager Olander briefly
reviewed the major aspects and effects of the plan stating this was required
by state law of all counties in the state in cooperation with the various cities
in each county. The Council had previously studied the plan in detail. City
Attorney Mansfield read, by title, a proposed resolution authorizing acceptance
and approval of the plan. Motion by Mr. Separovich, seconded by Mr. Rock, that
the resolution be adopted and given RESOLUTION NO. 667. Under the question,
Councilman Moore asked about the rates and Manager Olander advised the rates
would be negotiated under a separate agreement. This resolution adopts only the
concept of the Poan. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore
Rock. Motion carried.
Meeting of August 3, 1981 - - - - continued:
PUBLIC HEARING - SIX-YEAR STREET PLAN Mayor Figenshow declared a public hearing
hearing open to consider the proposed updating of the City's Six-Year Street
Plan. Engineering Supervisor Jim Pemberton reminded the Council that this
plan is required by state law to be updated annually and filed with the Secretary
of Transportation. Any projects the City might consider must be included on
this list before it could be approved for any possible state or federal funding.
Mr. Pemberton showed a transparency on which were listed 12 projects and their
approximate cost. He briefly discussed each of the following 12 projects:
(1) "R" Avenue overlay (northbound lanes); (2) 32nd Street, Commercial to "I" Ave;
(3) 32nd Street, "I" to "D" Ave; (4) "D" Avenue, 12th to 37th; (5) 37th Street
"A" to "D" and "A" Avenue 37th to City limits; (6) Miscellaneous pavement
overlays; (7) "O" Avenue overlay, 2nd to 6th; (8) intersection of Whistle
Lake Road & Hillcrest Drive; (9) West 4th Street, Anacopper to Clearidge;
(10) 22nd and Commercial traffic signal; (11) West end grid system; (12)
intersection of "O" Avenue and Fidalgo. Mr. Pemberton stated that several
of these projects are now in the design stage. There were various questions
from the Council on the different projects and Councilman Cleland said he
felt the improvement of Anacopper Mine Road from the airport to Oakes Avenue
should be included.
I
From the audience, Mr. Pres Holton, 2320 11th Street, said he did not understand several of the items; particularly, if West 4th Street were extended,
where would it eventually end? Mr. Pemberton said that street was named
because it most clearly identified the point between the Port property and
Mr. Berentson's property. Councilman Moore disagreed with this and said he
felt the title should state West 3rd/4th Street which would indicate a more
general locale. There was additional discussion of possible future streets
on already-platted rights-of-way, etc. and Councilman Kiel noted that City
planning has not progressed to the point where it has been determined what
actually will be done toward opening an additional west end road.
Dick Dildine, 1211 .6th Street, addressed the Council and said he felt sometimes the items listed tend to become "cast in concrete" when they appear
year after year; and he believes West Second street would be a good line of
demarcation and run parallel with Oakes Avenue. Councilman Separovich said
he felt a list of stop lights should be included instead of just the 22nd
Street light. Other Council members felt the City should wait until the
22nd Street light is in and Manager Olander said the State Transportation
Department recommended a study of the whole traffic flow along Commercial
Avenue.
I
Mayor Figenshow declared the public hearing closed. Attorney Mansfield read,
by title, a resolution authorizing approval of the Six Year Street Plan.
Motion by Mr. Kiel, seconded.by Mr. Separovich, that the Council adopt the
Street Plan with the addition of the 13th item of improvement of Anacopper
Mine Road from the airport t9 Oakes Avenue and the resolution be adopted
and given RESOLUTION NO. 668. All in favor, motion carried.
Mayor Figenshow then referred back to the item of Old Business deferred earlier.
ORDINANCE - REZONE OF BERENTSON PROPERTY NORTH OF AIRPORT This rezone was
granted by Council at their meeting of June 15, 1981 with a list of requirements to be set forth in a separate property use development agreement.
Attorney Mansfield read, by title, the ordinance granting the zone change
subject to the conditions of the property use and development agreement
attached thereto. Motion by Mr. Kiel, seconded by Mr. Separovich, that the
rezone ordinance and attached Property Use and Development Agreement be
adopted. Under the question, Councilman Moore asked if the agreement, as
drawn, was acceptable to Mr. Berentson and he was advised it had been
approved by Mr. Berentson. Vote: Ayes--Kiel, Moore, Separovich, Figenshow.
No--Cleland, Rock. Motion carried. ORDINANCE NO. 1859 was assigned
REQUEST FOR VACATION - PORTION OF "O" AVENUE - KNUDSON Ken Kinzel, Community
Dvelopment Director, reviewed the request on which the Council held a public
hearing on May 18, 1981. At that time, the Council referred the applicant
to the Board of Adjustment to request a variance as a resolution of his
problem. Attorney Les Johnson, representing the applicant, submitted
additional information to the Council alleging that the variance procedure
was not appropriate; that there were no other reasonable alternatives and
that the requested vacation should be approved, and setting forth his
reasons therefor. There followed detailed and extensive discussion of the
matter much the same as was brought out in the previous meeting with Mr.
Johnson finally requesting a decision and the facts on which it was based.
After some additional discussion, motion by Mr. Moore, seconded by Mr. Kiel,
I
August 3, 1981 - - - - -continued:
that the petition be denied becasue (1) the street may, in the future, be
needed for public access and travel; (2) the vacation of the portion of "O"
Avenue requested is not in the public interest at this time; (3) a possible
remedy exists to resolve the problem by making application for a variance
to the Board of Adjustment; (4) a safety problem might exist if a variance
was granted has not been proven. Vote: Ayes--Kiel, Moore, Figenshow, Cleland.
No--Rock, Separovich. Motion carried.
I
CONTRACT WITH CONSULTANT ON PHASE II OF FLOOD STUDY Council was informed that
the Phase I of the Water Treatment Plant Flood Study had been completed and
reported on to the Council. The next phase would be work to evaluate
alternatives and provide costs for methods of preventing damage to the plant
from flooding. A revised Scope of Work and supplemental agreement for this
second phase has been developed and staff requests permission to execute
said agreement with Moore, Wallace & Kennedy and Company. Attorney Mansfield
read a proposed resolution, by title, authorizing and directing execution of
the agreement as presented. Motion by Mr. Separovich, seconded by Mr. Rock,
that the resolution be adopted and given RESOLUTION NO. 669. Vote: Ayes-Moore, Rock, Separovich, Figenshow, Cleland, Kiel, Motion carried.
ORDINANCE AMENDING 1981 BUDGET Further to the Council's approval of the
Washington Park floats project, Finance Director has advised that the City
received additional revenue in the amount of $350 from the sale of bid plans.
To properly show this revenue and balance an overexpenditure in the sum of
$259.77, an ordinance amending the 1981 budget is necessary. Attorney Mansfield
read the ordinance by title. Motion by Mr. Rock, seconded by Mr. Cleland,
that the ordinance be adopted and given ORDINANCE NO. 1860.
Vote: Ayes-Rock, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried.
I
ACCEPTANCE OF TRANSMISSION LINE FRANCHISE Mr. Pemberton reviewed the memorandum which explained that the City operates and maintains some 40 to 45 miles
of water transmission mains in Skagit County; and almost two-thirds of this
line is within the right-of-way of State Route 20. Therefore, the City is
required by the State Department of Transportation to execute a franchise
agreement with the State which grants the City the right to construct, operate
and maintain the mains in the state right-of-way. The franchise proposed to
be executed combines all previous franchises into one document and the
conditions stated in this franchise are in effect now and have been previously
and pose no problems to the operation and maintenance of the water mains.
Staff recommended the franchise be executed. Motion by Mr. Separovich, seconded by Mr. Cleland,. that staff be authorized to execute and accept the conditions of the franchise. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel,
Moore, Rock. Motion carried.
RESOLUTION AUTHORIZING BALLOT AND TITLE FOR NOVEMBER GENERAL ELECTION Attorney
Mansfield read in full a proposed resolution authorizing and directing the
holding of an election within the City of Anacortes to determine whether the
City of Anacortes shall abandon the Council-Manager form of government under
which it currently operates. This resolution became necessary because a
petition was filed with the City Clerk signed by qualified voters in numbers
required to allow its being placed on the ballot of the next election. Motion
by Mr. Kiel, seconded by Mr. Separovich, that the resolution be adopted and
given RESOLUTION NO. 670. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock,
Separovich. Motion carried.
I
Mayor Figenshow stated this is a drastic move by certain people in the community
and he felt it behooved the members of the Council, if they believed in the
present form of government, to start speaking out and making positive state~
ments .. as to why the present form of government is in the best interests of the
community; that the present plan has accomplished a great deal and the City
is better managed than it has been in the past 35 years; that to encourage the
retention of the present Council-Manager form of government would be for the
good of the people of Anacortes.
He then asked the Council to remain for a brief executive session on personnel
matters.
~~·;~ ~e~~!.no further business to come b~~l~journed
0
~
&&~Mayor
August 17, 1981
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Roll call
found present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom
Cleland, Charles Kiel.
MINUTES OF PREVIOUS MEETIN~ Motion by Mr. Separovich, seconded by Mr. Rock,
that the minutes of the previous meeting held on August 3, 1981 be approved as
if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion
carried.
CORRESPONDENCE
There was no correspondence to be read.
CITIZEN HEARINGS Mayor Figenshow invited anyone in the audience to address the
Council on any item not on the agenda. Mr. Kenneth R. Brown. 1404 22nd Street,
read a prepared statement in which he asked the Council to reconsider a recent
decision to let go the City's Community Development Director, Ken Kinzel. He
gave his reasons as: it was.having a polarizing effect on the community and
destroying confidence in the Council and that the reason given for the dismissal
was "capricious and political in nature". In response, Mr. Figenshow stated it
was the goal of the City administration to continue efforts to improve personel
on the staff and look at the best way to manage the City's business; that the
move was made with that thought in mind and with the concurrence of the entire
Council.
OLD BUSINESS
I
There was no old business to be considered by the Council.
NEW BUSINESS - ORDINANCE REPEALING OUTDATED ORDINANCES FOR CITY RE-CODIFICATION
PROJECT City Attorney, Stephen Mansfield, said this project was begun quite
some time ago and has now progressed to the point where it should be completed
shortly. He advised that Book Publishing Company, who had been given the job,
suggested repealing some 62 old, outdated, superseded or just plain obsolete
ordinances in this.process. Mr. Mansfield had copies of all the subject ordinances and invited anyoe interested in any specific ordinance to review it. He
read, by title, a proposed ordinance which would repeal the 62 old ordinances.
The title listed all ordinances by number. Fore the benefit of the audience, he
read several of the old ordinances by title as examples of the ones being
repealed such as: No. 6 which said the Council should hold a meeting every
Saturday night at 7:00 o''clock; and No. 178 which provided for the election by
the Council of a Police Justice and other such officers as the Council deemed
necessary; and No. 334 (as an example of an ordinance which had been superseded by later ordinances) which prohibited the emission of dense smoke, etc.
During Mr. Mansfield's reading of the example ordinances, Councilman Ken Moore
entered the meeting. Mr. Cleland then moved, and Mrs. Kribs seconded, that
the ordinance repealing all 62 of these old ordinances be passed and given
ORDINANCE NO. 1861. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel,
Moore, Rock. Motion carried.
RESOLUTION AUTHORIZING CONTINUATION OF URBAN RENEWAL WARRANTS Finance Director,
George Khtaian, advised the Council it was necessary to renew the Urban Renewal
interest-bearing warrants with the Bank of Anacortes for a total of $450,903.49
because two land sales are still pending due to litigation brought by one of
the purchasers, a Mr. Heath. Though the litigation has now been resolved by
the Cou.rt giving Mr. Heath until October 1st, 1981 to comply with his obligations,
the warrant must be renewed before that time on.August 20, 1981. The interest
rate remains the same at 12%. Councilman Kiel asked whether the warrants
could be cancelled if there was a resolution concerning the property involved
prior to the term of the renewal and Mr. Khtaian advised him it could be discontinued. Attorney Mansfield read, by title, a resolution authorizing the
issuance of the warrants as requested .. Motion by Mr. Separovich, seconded by
Mr. Kiel, that the resolution be adopted and given RESOLUTION NO. 671.
Under
the question, Mr. Rock asked whether staff had heard anything from Mr. Heath
and how long he had left. Mr. Olander advised that nothing had been heard
and that Mr. Heath had until October 1st. He also said that Mr. Gregory would
be attending the Council study session of August 24th and pointed out that
Mr. Gregory had paid a major portion of the interest costs on the warrants
during the period of litigation. Vote: Ayes--Separovich, Figenshow, Cleland,
Kiel, Moore, Rock, Kribs. Motion carried.
ORDINANCE AMENDING 1981 BUDGET Mr. Khtaian said that the City had entered
into an agreement with the Anacortes Community Health Council to provide a
clearinghouse information center on substance abuse at the Anacortes Library.
The Health Council had been awarded a grant from the Northwest Area Foundation
to fund this and other substance abuse education activities. The contract
provided money for a staff coordinator at the Library and necessary supplies
and materials. The 1981 budget had to be amended to reflect this money
I
I
August 17, 1981 - - - - - continued:
received and the expenditures. Ordinance authorizing the budget amendments
was read, by title, by Mr. Mansfield. Motion by Mr. Kiel, seconded by Mr.
Moore, that the ordinance be passed and given ORDINANCE NO. 1862.
Mr. Kiel
said he also wished to compliment the staff and the community effort which
had lead to the establishment of this clearinghouse. Vote: Ayes--Figenshow,
Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried.
I
BIDS FOR CATHODIC PROTECTION OF WATER LINES Engineering Supervisor, Jim
Pemberton, showed a transparency on which was designated the location of
three proposed wells with cathodic protection devices for the protection of
the City's water transmission mains. Mr. Pemberton explained this was an
on-going program and that last year three wells were installed inside the
City limits. The proposed wells are all outside the City limits and will
provide protection for steel main lines from the Swinomish Channel westerly
to Sharpe's Corner.
Mr. Pemberton said that four bids were received with the highest from Border
Contractors of Blaine, Washington in an amount of $86,016 and the lowest bid
from Lord Electric of Everett at $64,506.75. There was $18,853 returned to
the water fund reserve from the 1980 budget and then $50,000 budgeted for 1981.
The sum of $19,166 has been spent in 1981 leaving a balance budgeted of $30,834.
It was staff's recommendation that the low bid of $64,506.75 be accepted and
the difference over what is remaining in the 1981 budget be drawn from the
water reserve find. The reasoning is that all indications are that the costs
will continue to escalate.. Al alternative would be to delete one of the
proposed wells at this time. There was considerable discussion concerning the
apparent extensive increase over last year's costs and the Council decided to
endeavor to learn why the i_ncreases were so great and to discuss the matter
again at the study session on August 24, 1981. Mr. Olander reminded the Council
that under state law the City could not negotiate the. bids and that their options
would be to delete one well or re-bid the project.
I
BIDS FOR WATER TREATMENT PLANT CHEMICALS Mike Foster, Public Works Operations
Superintendent, reviewed this matter with the Council stating that bids had
been received from twelve firms. Council had been given a complete recap of all
bids received for their review. It was pointed out that the prices were, for
the most part, about the same as last year with no great increases. Mr. Foster
recommended accepting the low bids as follows:
Alum
Polymer
Lime
Chlorine
Fluoride
Allied Chemical
Allied Chemical
Hemphill Bros.
Penwalt
Van Waters & Rogers
@
@
@
@
@
$ 128.64
1. 25
102.10
237.75
28.75
per
per
per
per
per
ton
lb.
ton
ton
hundred
Motion by Mr. Cleland, seconded by Mr. Separovich, that the bids be accepted as
recommended by City staff. Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs,
Separovich, Figenshow. Motion carried.
I
RESOLUTION AMENDING RENTAL AGREEMENT Attorney Marisf ield explained that the two
parties who previously rented the upper floor of the Municipal Building had
separated with the sailmaker, Mr. Toss, leaving the area. Rigger Milcolm Wehncke
had requested the rental agreement be amended as he wished now to rent only half
of the space at half the monthly rental. Council asked if there had been any
other potential rentors and Mr. Olander said only the Employment Security
Department might consider a portion of it for a satellite office inasmuch as the
present Anacortes office is due to close September 30th. They would pay little,
if any, rent. After additional discussion, Mr. Mansfield read a resolution,
by title, authorizing amending the rental agreement as requested at a monthly
rent of $75.00. The agreement still allows the City to cancel with 30 days
notice. Motion by Mr. Moore, seconded by Mr. Cleland, that the resolution be
adopted and given RESOLUTION NO. 671.
Vote: Ayes--Kiel, Moore, Kribs, Cleland.
No--Rock, Separovich, Figenshow. Motion carried.
There being no further business to come before the Council,
to a study session at 8:20 p.m.
··adjourned
September 8, 1981
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Invocation was
offered by Reverend Ralph Miller of the First Baptist Church. Roll call found
present: Bud Rock, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel,
Ken Moore. Karolyne Kribs was excused.
MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Rock, that the
minutes of the previous meeting held on August 17, 1981 be approved as if read.
Vote: Ayes--Rock, Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried.
CORRESPONDENCE City Manager, Robert Olander, read a letter from the Anacortes
Business Community thanking the City Council and staff for their cooperation and
assistance in a recent promotion sponsored by that organization. He also read
a letter from Congressman Al Swift expressing appreciation for; .the City's support
of the Port's application for a CEIP loan. He also reminded the Council of a
one-day seminar sponsored by the Association of Washington Cities which will be
held on September 25, 1981 in Bellevue and asked that any Council members
wishing to attend t- let him know. Mr. Olander then introduced Ian Munce,
Planning Director for the City who began his duties on September 8, 1981.
I
CITIZEN HEARINGS Mayor Figenshow asked if there was anyone in the audience who
wished to speak on any subject not on the agenda and there was no response.
OLD BUSINESS AWARD OF BID FOR CATHODIC PROTECTION Public Works Director, Dave
Ford, reviewed previous discussions on this matter and stated that the last
consideration was whether or not the total project might be reduced because the
amount budgeted for the project fell short of the low bid by almost $15,000.
He said there was an alternative of deleting the deep well and appurtenances
which would reduce the bid amount by $18,450.60 leaving a contract of $46,056.15,
including tax. It was Mr. Ford's recommendation that the City award the entire
contract amount as the deletion of one deep well would only tend to increase
costs in the long run. There followed discussion of the pros and cons of deleting
one well, the necessity of the project, the reasons for the variation in costs
of the wells, etc. Motion by Mr. Rock, seconded by Mr. Kiel, that the City
accept the alternate proposal and award the bid to Lord Electric of Everett in
the amount of $46,056.15. Under the question, Councilman Separovich said he
felt it was more important that the City's waterlines be kept in good shape
than to cut down on this year's portion of the project. Vote: Ayes--Figenshow,
Cleland, Kiel, Moore, Rock. No--Separovich. Motion carried.
NEW BUSINESS PUBLIC HEARING-APPLICATION FOR CONDITIONAL USE PERMIT-MORROW Mayor
Figenshow briefly outlined the procedure on a public hearing and declared a
public hearing open to consider an application for a Conditional Use Permit
submitted by Brent & Denise Morrow. The applicant requests the use of a 16-foot
platted alley right-of-way, located between 25th and 26th Streets and east of
"D" Avenue, as access to a building site on the southeast corner of Block 181,
Original Addition. Mr. Olander showed a view foil of the location and indicated the subject alley right-of-way. The Planning Commission considered
this application, and at the same time, considered the remaining building sites
on the same block because, they, too, have certain problems relating to access
and the provision of city services. As a result of a public hearing held by
the Planning Commission on August 12, 1981, they made the following recommendation: that the conditional use permit be granted subject to the suggested
requirements placed on it by City staff and that it be clearly specified that
the permit would be for an access drive only and not a City street. The
subject alley is the only means of access to the building site on the southeast corner, but the other sites could be reached from other City right-of-ways.
Public Works Director, Dave Ford, described, in detail, the means for access
and provision of City services to the different building lots on this particular
block for Council's information. Representing the applicant, Mr. Al Francisco
answered various questions from the Council and said the applicant would be
willing to surface the alley to the City's specification. Councilman Kiel
pointed out that there was a new City ordinance which required streets to be
paved when development is done in already platted area and said he felt it
would be reasonable to require the alley to be paved. There was additional
discussion of the natural, approximately 60-foot-wide and very deep drainage
ditch which runs along the south side of the subject block which prevents any
access from that side. The requirements suggested by staff to be attached to
the permit were that the alley be developed to it's full platted 16 feet width
with a surface of aminimum of 6 inches of base gravel and 2 inches of crushed
gravel surfacing on top and that it be extended far enough into the southeast
building site to allow proper access to the site and to provide required
parking space, as well as additional access for emergency vehicles. Water
would be extended from a. service tap and meter on "D" Avenue at the northern
edge of the 26th street right-of-way and the home building would have to extend
this service into the building site of a size required by the City. There is
already a sewer collection in the alley for hookup. It would be required
I
I
September 8, 1981 - - - - - continued:
that solid waste containers be placed on "D" Avenue for collection and the
power, telephone and TV utilities would be required to be placed underground
according to City ordinance. Mayor Figenshow then declared the public hearing closed.
I
I
I
Motion by Mr. Separovich, seconded by Mr. Rock, that the application for
conditional use permit be granted subject to the conditions recommended to
be placed on it by City staff and that it also clearly specify that the
permit would be for an access drive only and not a City street, and that it
be surfaced the full sixteen feet to the east end of the property. Vote:
Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Separovich. Motion carried.
Councilman Kiel again expressed his reluctance to subsidize the property
owner by not requiring him to pave the alley-way and moved that in addition
to the conditions attached to the previous motion, that the alley be paved
the full 16-foot width and its full length to·the end of the property.
Seconded by Mr. Moore. Vote: Ayes--Kiel, Moore, Rock. No--Cleland,
Separovich, Figenshow. Tie vote--motion failed.
RESOLUTION AUTHORIZING ENGINEERING CONTRACT FOR DESIGN OF WASTEWATER. TREATMENT FACILITY AT WATER TREATMENT PLANT
As background information, Manager
Olander was asked to review the circumstances necessitating this project. Mr.
Olander stated that the Washington State D.O.E. informed the City approximately
2 years ago that to comply with the requirements of the Water p'ollution Control
Act of 1979, the City would have to undertake a construction program to treat
the wastewater from the water treatment plant which would have to be completed
within a certain length of time. Mr. Olander reported that on September 8,
1981 he had met with representatives of the D.O.E. in Olympia to determine
whether there were any changes which would relieve the City in any way. He
said the D.0.E. was staying with the legal requirement mandate given the
City and it did not appear there would be any changes. He pointed out that
if the City is able to get in the application for Referendum 26 monies from
the State within the required time, the City could receive 50% of the cost of
this project under such a grant. The only concession the D.O.E. might possibly
give would be in the actual construction time. Councilman Separovich commented
he was disappointed that the City's efforts to find relief were not fruitful;
he felt it was an expense that was not really necessary and could be done at
a lot less expense.
Public Works Director, Dave Ford, then described the City's activities in
securing proposals to provide design, construction engineering, construction
observation, etc. on this project. Requests were sent to 12 firms, 8 firms
responded and the City's Consultant Selection Committee selected 3 from those
for final interview. The three finalists were: R. w. Beck and Associates,
Gray and Osborne, Inc., and Collins and Ryder - all of Seattle. In reviewing
their proposals, the Committ-e kept in mind the firm's ability to perform the
task within a limited time frame; the proposed costs involved in preparing
the design, construction engineering and observation; the firm's familiarity
with projects similar to this one, etc. The Committee recommended the firm
of R. w. Beck & Associates be awarded the contract based on the foregoing
criteria after considerable discussion and consideration. This firm's
maximum cost totalled $84,000 which was considerably less than the other two.
Also, the work must be completed by December 31, 1981. Bids for construction
of the project would be scheduled for January-February of 1982 with actual
construction to be underway by April 30, 1982 and completed by October 31, 1982.
Mr. Ford said a detailed scope of work has been prepared for the engineering
firm and it was his recommendation that the authorization be given to R.W.
Beck to proceed with the preliminary field design. There followed discussion
of other details of the project and motion was made by Mr. Cleland, seconded
by Mr. Kiel, that the resolution authorizing execution of a Professional
Service Agreement by and between the City of Anacortes and R. w. Beck and
Associates be adopted and given RESOLUTION NO. 673.
Vote: Ayes--Kiel,
Moore, Rock, Figenshow, Cleland. No--Separovich. Motion carried.
REQUEST FOR FUNDS BY SKAGIT YOUTH SERVICES Mr. Olander stated that at the
Council study session of August 24, 1981, representatives from the Skagit
Youth Services Bureau, presented the Council with a request for monetary help
to finish the 1981 budget year. They explained the Juvenile Diversion Program
in Anacortes and the benefits to the community. Mr. Olander said that though
this request for $425 was not in the 1981 budget, he felt the City could fund
it from the current budget with little difficulty. Motion by Mr. Kiel,
seconded by Mr. Moore, that the City make a one-time grant of $425 to the
Skagit Youth Services Bureau. Vote: Ayes--Moore, Rock, Separovich, Figenshow,
Cleland, Kiel. Motion carried.
'·
4152
September 8, 1981 - - - - continued:
REQUEST FOR SEGRETAGION OF LID ASSESSMENT - TOMASKO Mr. Olander stated that Mr.
H.F. Tomasko, owner of Lots 1 through 10, Block 233, Original Addition, had
requested a segregation of his assessment under sanitary sewer LID No. 178,
which was completed in 1977. He requested the segregation be in five separate
parcels of two lots per parcel. This segregation would allow Mr. Tomasko to
sell his property for building sites and have the LID assessment properly
allocated to each parcel. A resolution authorizing the segregation was read
by Mr. Olander, by title. Motion by Mr. Separovich, seconded by Mr. Rock, that
the resolution be adopted and given RESOLUTION NO.
674. Under the question,
Councilman Cleland expressed some concern about payment of the assessments and
was assured it would make no difference to the City. Vote: Ayes--Rock,
Separovich, Figenshow, Cleland, Kiel, Moore. Motion carried.
REQUEST FOR ENCROACHMENT AGREEMENT - NICKERSON Mr. Ford advised the Council
that Tom Nickerson, 1620 8th Street, had requested an Encroachment Agreement
with the City to allow him to build a 4~-foot, non-sight-obscuring fence on
"I" Avenue adjacent to Lot 11, Block 141, which would encroach into City.rightof-way ten feet. Staff has reviewed this request, visited the site and determined that such a fence would not result in any traffic safety problems or
effect any utility lines. Mr. Nickerson understands that should the City need
this right-of-way, he would have to remove the fence at his own expense. Staff
recommended the encroachment be granted and filed with the Skagit County
Auditor's office. After a brief discussion with Mr. Nickerson, motion was
made by Mr. Separovich, seconded .by Mr. Kiel, that the encroachment agreement
be authorized. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore, Rock.
Motion carried.
LEASE OF PROPERTY TO SNELSON-ANVIL, INC. As background information, Mr. Olander
reminded the Council that approximately a year ago Snelson-Anvil deeded a 30foot wide strip of land at the north end of their land to the City for access
to the waterfront. In turn, the Port of Anacortes negotiated to exchange some
waterfront in the vicinity of the south breakwater for the City's 30-foot strip.
This is a condition of the Shoreline Development permit issued to the Port for
their proposed expansion of Cap Sante. If Cap Sante is not expanded within 2
years, the permit will expire. Now, Snelson-Anvil wishes to lease the 30-foot
strip from the City in connection with their plans to use the old Scott
Paper mill site on the Hood Canal bridge project. They wish an option to
lease from September 15, 1981 to January 31, 1982 and then, if they exercise
the option during that time, to lease the land for 20 months with three twoyear renewal options. It was suggested the rate for leasing this land be
the same as the rate proposed by the Port for leasing their land to SnelsonAnvil. This would amount to approximately $182.52 per month for the first
year and escalating thereafter according to the Seattle Consumer Price Index
yearly percentage. Mr. Olander suggested an alternative which would be to
lease the property as described and add the clause that if the land were
traded to the Port, the lease could be cancelled and then the Port, in turn,
could agree to lease the land to Snelson-Anvil. Or, another alternative
would be to lease the land .to Snelson-Anvil only for the initial 20-month
period. Mr. Olander recommended that the City agree to an option to lease
the property from September 15, 1981 to January 31, 1982 for the sum of $100;
and then if the option is exercised, lease the land for 20 months at the rate
of $200 per month plus the leasehold tax; and with the condition that any
physical improvements to the property become the property of the City at the
end of the lease period or to be removed at the expense of Snelson-Anvil
at the City's option. The Council had several questions and suggestions the present appraised value of the land, the use proposed by Snelson-Anvil
whether the beach area would .be disturbed, etc.
Motion was made by Mr. Kiel, seconded by Mr. Separovich, that the City enter
into an agreement with Snelson-Anvil with conditions attached as outlined in
the foregoing recommendation. Under the question, Mr. Cleland moved to
table Mr. Kiel's motion for one week until a fair and equitable rental rate
could be determined. Seconded by Mr. Moore. Vote on Mr. Cleland's motion:
Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Separovich. Motion carried.
Mayor Figenshow then asked the Council to stay for a brief executive session
to discuss a real estate transaction and stated the proposed study session
item would be postponed to the next study session.
Meeting was continued to a special meeting on
7:30 p.m.
I
I
I
September 14, 1981 (continuation of· Sept. 8, 1981 meeting)
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Mr.
Figenshow explained that this meeting was a continuation of the
September 8, 1981 meeting. Roll call found present: Bud Rock, Karolyne
Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles Kiel,
Ken Moore.
I
OLD BUSINESS - LEASE OF CITY PROPERTY TO SNELSON-ANVIL City Manager,
Robert Olander, explained that this item had been continued from the last
meeting to permit the City to secure additional information on a fair
lease price for the City property. Mr. Olander reviewed the appraised
value of the land and indicated that the newly negotiated price of
$300.00 per month was above the average market rate. He also indicated
that the lease period had been changed from twenty to twenty-four
months on the proposed lease option. Mr. Cleland inquired about required
off-street parking for the new area Snelson-Anvil would be using. He
expressed concern that on-street parking in this vicinity would cause
serious traffic hazards. Mr. Olander stated that he would let Snelson-Anvil
know that the Zoning Code.requires one off-street parking site for every
two employees for any new or expanded manufacturing use in this area.
Motion was made and seconded to approve the resolution authorizing the
lease option. Vote on the motion was unanimous. Number 675 was given
the RESOLUTION.
Mayor Figenshow adjourned the regular
Robert Olander, Secretary pro tern
September 21, 1981
I
Meeting called to order at 7:30 p.m. by Vice-Mayor, Ray Separovich. Invocation
was given by Reverend Jim Hardenbrook .of the Church of Christ. Roll call
found present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Charles
Kiel, and Ken Moore. Mayor Knute Figenshow was excused.
MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Rock, that
the minutes of the previous meetings held on September 8, 1981 and September
14, 1981 be approved as if read. Vote: Ayes--Rock, Kribs, Separovich, Cleland,
Kiel, Moore. Motion carried.
CORRESPONDENCE
There was no corresondence to be read.
CITIZEN HEARINGS In response to Mr. Separovich's invitation to anyone in the
audience to speak on any item not on the agenda, Mr. Dick Dildine, 1211 6th St.,
addressed the Council and asked whether there were any plans yet for widening
12th Street. He was advised no plans had yet been presented to Council; anything regarding 12th Street would have to be in cooperation with the State
Department of Transportation; funding would not necessarily have to come from
the state; that there have been no plans of decisions made at all at this time.
Mr. Dildine then asked whether crosswalks would be painted on Commercial Avenue
and was advised the present policy is only toplace crosswalks at signal lights
due to a study done by the state wherein it was determined more accidents occur
at painted crosswalks than not. It was suggested this item be discussed at a
Traffic Safety Committee meeting.
OLD BUSINESS
I
There was no old business to come before the Council.
NEW BUSINESS RESOLUTION AUTHORIZING PARTICIPATION IN SKAGIT EMERGENCY SERVICES
COUNCIL
In the absence of the City Manager, Public Works Director Dave Ford
briefly reviewed this proposition which has previously been considered by the
Council. He stated the present proposed agreement is the third draft and contained a clause whereby a participant could withdraw with 90 days notice. Regarding possible cost to the City, the cost will not be known until the Emergency
Council is formed and a budget adopted. The agreement calls for the hiring of
a director who would be responsible for emergency services planning and operation.
City Attorney Mansfield adivsed the establishment of the Council was in accordance
with the state RCW and would be comprised of Skagit County and all the political
subdivisions of the County. The County is trying to make it effective by the
first of 1982 and all political subdivisions have executed the agreement except
Anacortes. After additional discussion concerning possible costs, motion by Mr.
Rock, seconded by Mrs. Kribs, that the matter be tabled for two weeks so the
41541
September 21, 1981 -
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continued:
Council could receive the in-put of the Mayor and City Manager. Vote: Ayes-Kribs, Separovich, Cleland, Kiel, Moore, Rock. Motion carried. Councilman
Moore then conunented he felt the City should be able to pay a share of the
fixed operating costs, but felt the "pooled" money should be kept in the City's
coffers instead of it staying with the County.
REQUEST FOR ENCROACHMENT AGREEMENT - ANACORTES BRASS WORKS Mr. Ford advised
the Council that the City staff had inspected the site and pertinent City records
after receiving a request from Glen Veal of the Anacortes Brass Works for an
encroachment agreement to allow for construction of a security fence at 2000
"R" Avenue. The proposed location would encroach 10 feet into the "R" Avenue
right-of-way. Engineering Supervisor Jim Pemberton showed a view foil of the
location; advised there were no utilities in the right-of-way proposed to be
fenced and that the existing gravel road adjacent to the Anacortes Brass Works
would be about 10 feet from the proposed fence. He pointed out that if the
City allowed the encroachment and then, at a later date, wished to use the
right-of-way, Mr. Veal would be required to remove the fence at his own expense.
I
Mr. Veal was present in the audience and acknowledged his understanding of the
conditions of the encr-achment agreement. After brief discussion, motion by
Mr. Kiel, seconded by Mr. Moore, that the request be granted and the agreement
executed. Vote: Ayes--Separovich, Cleland, Kiel, Moore, Rock, Kribs. Motion
carried.
CLAIM FOR DAMAGES - LOFTIS City Attorney Mansfield advised the C-uncil that
he had received, just prior to the meeting, additional information which
might revise his recommendation on this claim; that there had been some confusion regarding the date of the occurrence and he would like to delay action
on the matter until he had had the opportunity to review the additional information received. Motion by Mr. Kiel, seconded by Mr. Cleland, that this
matter be tabled for two weeks. Vote: Ayes--Cleland, Moore, Rock, Kribs,
Separovich, Kiel. Motion carried.
PUBLIC HEARING DATE SET - STREET VACATION City Attorney Mansfield read, by
title, a resolution fixing a time when a Petition for Vacation may be heard
by the Council and setting a public hearing date. He said the first available
date would be October 19, 1981.
Motion by Mr. Kiel, seconded by Mr. Moore,
that the resolution set the date of October 19, 1981 for the public hearing
and be adopted and given RESOLUTION NO. 676. Vote: Ayes--Moore, Rock, Kribs,
Separovich, Cleland,. Kiel. Motion carried.
I
OF FOREST MANAGEMENT COMMITTEE Mr. Ford advised the Council that
the following persons had been suggested for the Forest Management Committee;
Ralph Edwards, Del Taylor, Neil Foss, Bill Ellin, Scott Richards. Councilwoman Kribs said she had no objections to any of the persons suggested, but
thought it was the Council's policy to advertise or make public any positions
open on any committees so that interestes parties could apply if they wished.
The Council concurred and Mr. Cleland moved to table the matter for two weeks,
seconded by Mrs. Kribs. Vote: Ayes--Rock, Kribs, Separovich, Cleland, Kiel,
Moore. Motion carried.
~POINTMENT
There being no further business to
at 8:15 p.m. to a study session.
adjourned
October 5, 1981
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. Invocation was
offered by Pastor Hilary Bitz of the Anacortes Lutheran Church. Roll call found
present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland
and Charles Kiel.
MUNUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Rock, that
the minutes of the previous meeting held on September 21, 1981 be approved as
if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel. Motion
carried.
CORRESPONDENCE City Manager Robert Olander read a letter directed to the City
Council from Berce Hughes regarding the problem of dogs running loose in the
community and offering several suggestions toward correcting the problEilm. At
this point, Councilman Ken Moore entered the meeting.
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October 5, 1981 -
-continued:
CITIZEN HEARINGS There was no response from the audience to the Mayor's
invitation to speak on any item not on the agenda.
PROCLAMATION Mayor Figenshow read a Proclamation proclaiming October 8, 1981
as "Worlds Lions Service Day in Anacortes" and urging all citizens to mark the
occasion as a special observance in recognition of the numerous services
provided by the Anacortes Lions Club to the needy and the lonely. Motion was
made by Mr. Kiel, seconded by Mr. Separovich, that the Proclamation be unanimously approved. Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel,
Moore, Rock. Motion carried.
I
I
OLD BUSINESS - RESOLUTION AUTHORIZING CITY TO PARTICIPATE IN SKAGIT EMERGENCY
SERVICES COUNCIL Mr. Olander reviewed the proposed Agreement and indicated
that the last questions put forward by the Council were what would be the cost
of the City of Anacortes' involvement and what provisions were there should
the City wish to withdraw. He said he had talked with the Emergency Services
people and a proposed budget showed the City of Anacortes' share would be
$2,740 for 1982; also the agreement had been modified so there is a 90-day
withdrawal clause. Therefollowed discussion of the proposed budget costs;
what the budget covered; the function of the Emergency Services Council, etc.
Councilman Moore pointed out that in Item 6 the word "Council" should be
included and the City Councilmen agreed. Attorney Stephen Mansfield then read,
by title, a proposed resolution authorizing the execution of an Agreement
between all the political subdivisions in Skagit County and Skagit County
confirming participation in the Skagit Emergency Services Council. Motion by
Mr. Separovich, seconded by Mr. Rock, that the resolution be adopted and
given RESOLUTION NO. 677 . Vote: Ayes--Separovich, Figenshow, Kiel, Moore,
Rock, Kribs. No--Cleland. Motion carried.
CLAIM FOR DAMAGES - LOFTIS City Attorney Stephen Mansfield reviewed the circumstances surrounding the claim of Judi Loftis for damages to bathroom
carpeting resulting from sewer backup and toilet overflow. He explained
there was some confusion concerning the date of the occurrence and that has
been cleared up; the claim was denied by the City's insurance carrier as
such losses are excluded from the City's coverage; the also expalined that
$135.00 of the total bill was for sub-flooring repairs not caused by the
sewer backup and recommended the City pay a total of $200.45, including tax,
to Mrs. Loftis since the City sewer line had been damaged by City actions in
installing a water line adjacent to -the Loftis property. After some discussion, motion by Mr. Moore, seconded by Mr. Kiel, that the City pay the
claim as recommended by Mr. Mansfield. Vote: Ayes--Cleland, Kiel, Moore,
Rock, Kribs, Separovich, Figenshow. Motion .carried. Mor Moore apologized
to Mrs. Loftis for the delay in handling this matter.
NEW BUSINESS - PUBLIC HEARING ON REQUEST FOR REZONE - PURCELL Mayor Figenshow
briefly outlined the procedure for the public hearing and then declared a
public hearing open to consider a request for changing the zoning from
Residential High Density (RH) to Commercial (C) lots 4, 5, and 6 of Block 43,
Anacortes Original Plat, which is generally located on the southeast corner
of 14th Street and "O" Avenue. Planning Director, Ian Munce showed a viewfoil of the location of the prpoerty and advised the area was approximately
9,000 square feet; and pointed out that the City has title to the triangular
piece of property lying adjacent to and easterly of Lot 4 and the property
lying easterly of the City property is owned by the Demopoulos Trust. Mr.
Munce advised staff review indicated that-such a change would result in "spot
zoning" and the Planning Commission after holding a public hearing on Sept. 9th
unanimously recommended denial for the same reason. Mr. Munce further advised
that two of the committees which worked on updating the City's Comprehensive
Plan have made recommendations which, if adopted, would affect petitions such
as this.
I
From the audience, Mr. Nick Badetich, representing Francis Lunsford and Mr.
and Mrs. Dave Kelley, addressed the Council and said he and his clients agreed
that such a change in zoning would be "spot zoning"; reviewed the recommendations
of the Comprehensive Plan committees and stated as far as he had been able to
determine, the proponent of the change had no real plans for the location; he
urged denial of the petition.
Councilman Cleland questioned when
area between Commercial Avenue and
Mr. Olander secured the zoning map
1771 on January 2, 1979. From the
the zoning was changed to Commercial in the
"O" Avenue and 12th and 14th Streets.
and advised this was done by Ordinance No.
audience, Mr. Dick Dildine, 1211 6th Street,
October 5, 1981 - - - continued:
addressed the Council and said he felt that spot zoning is for the interests of a
small group of people. Mayor Figenshow said he felt that to rezone the proposed
area right now would be wrong, but that probably sometime in the future it will
be necessary to rezone all the area from Commercial Avenue to "O" Avenue all the
way to 20th Street. He also pointed out that the Comprehensive Plan updl.te
will be completed in the near future and if it is felt this area should be
different than it is, it should be done at that time. Mr. Figenshow then declared
the public hearing to be closea.
Motion by Mr. Separovich, seconced by Mr. Kiel, that the petition be denied. Vote;
Ayes--Kiel, Moore, Rock, Kribs. Separovich, Figenshow, Cleland. Motion carried.
RESOLUTION AUTHORIZING AGREEMENT WITH ANACORTES SCHOOL DISTRICT Parks Director
Steve Colby addressed the Council and said that since 1973 the City has contracted
with the Anacortes School District for the use of their facilities to provide
recreational opportunities for the citizens of Anacortes. The contract provides
that the City will be responsible for the leadership, instruction and administration
of the program while the School District provides the necessary facilities. The
contract that is due for renewal for 1982 is the same as last years and the only
financial consideration is the sum of $225 to be paid by the City to the School
District to help replace specialized gymnastic and mat equipment. This is also
the same as last year. He recommended acceptance of the contract. Mansfield read,
by title, a resolution authorizing execution of the contract for 1982. Motion by
Mr. Separovich, seconded by Mr. Cleland, that the resolution be adopted and given
RESOLUTION NO. 678. Vote: Ayes--Moore, Rock, Kribs, Separovich, Figenshow,
Cleland, Kiel. Motion carried.
RESOLUTION SETTING THREE-YEAR ANACORTES HOUSING ASSISTANCE GOALS Mr. Munce
advised the Council that in February of 1979 the Council adopted a Housing Assistance Plan that had a three-year goal of 30 low-income elderly and 35 low-income
family units to be funded by the federal government. This plan expired on June 30
of this year. The County is now formulating a new County-wide three-year goal
program and has proposed a share of 40 elderly housing units and 18 family units
for Anacortes. At a study session on September 23, 1981, the Anacortes Housing
Authority Director recommended 50 units of new construction for the elderly and
20 units of existing housing for families should be the three-year goal for
Anacortes. Adoption of a three-year goal involves no direct financial costs to
the City unless the Council decided to work with the Housing Authority on developing a project application. He recommended adoption of the resolution which recommends Anacortes be included in the County-wide Housing Assistance Plan and housing
goals for 1981/84 for the City of Anacortes of 50 units for low-income elderly
households and 20 units of existing housing for low-income family households.
After discussion amoung the Council members, Attorney Mansfield read the resolution
by title, and Mr. Rock moved and Mr. Separovich seconded that the resolution be
adopted and given RESOLUTION NO. 679. Vote: Ayes-~Rock, Kribs, Separovich,
Figenshow, Cleland, Kiel, Moore. Motion carried.
RESOLUTION.AUTHORIZING AGREEMENT WITH SKAGIT COUNCIL OF GOVERNMENTS Manager
Olander advised the Council that since the City had hired Ian Munce as its
Planning Director, the Skagit Council of Governments (SCOG) has not replaced
him as Director of that body and has asked the City of Anacortes to allow Mr.
Munce to continue as their part-time Director for a few months. They have proposed an agreement with the City wherein the SCOG will reimburse the City for
the salary and benefits for four hours per week of Mr. Munce's time. Inasmuch
as the SCOG does provide significant benefits to Anacortes such as grant and
planning assistance, local coordination .of programs through the A-95 grant review
process and serves as the only forum for solving problems that affect all jurisdictions in the County, Mr. Olander recommended the resolution authorizing
execution of the agreement be adopted. Attorney Mansfield read, by title, the
subject resolution. Motion by Mr. Kiel, seconded by Mr. Separovich, that the
resolution be adopted and given RESOLUTION NO. 680.
Under the Question,
Councilman Moore had some questions about the methods of reimbursement and
Councilwoman Kribs suggested possibly the SCOG could get along without Mr. Munce
to which Mayor Figenshow replied this was just to get by for the present and
possibly soon they would not need him; Councilman Separovich asked how long this
may take and Mr. Olander advised March 1982 has been designated as the maximum time,
but possibly not that long; also, if there appears to be any conflict, the
agreement can be cancelled. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel,
Moore, Rock. No-Kribs. Motion carried.
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October 5, 1981 - - - - continued:
I
ORDINANCE SETTING 1982 PROPERTY TAX LEVY Manager Olander stated this Ordinance
was in accordance with state law requirements and, according to figures received
from the Skagit County Assessor's Office, total actual value of property (real
personal and utilities) is up a little over $20 million but the millage rate
will go down slightly for 1982. Councilman Rock asked about possibly levying a
tax for the Firemen's Pension Fund and was advised that it could not be added
into the levy according to the State Auditor's Office. Since this question is
controversial, it is expected there will be clarifying legislation this corning
year regarding it. Mr. Mansfield read,,.by title, the ordinance levying the tax
upon real and personal property within the City for municipal purposes for the
year 1982. Motion by Mrs. Kribs, seconded by Mr. Moore, that the Ordinance be
passed and approved and given ORDINANCE NO. 1863
Vote: Ayes--Separovich,
Figenshow, Cleland, Kiel, Moore, Rock, Kribs. Motion carried.
Mayor Figenshow urged Council and citizens to take advantage of the upcoming
"legislative Awareness Day" when people can go to Olympia and meet with legislators and get to know them. For the benefit of those who had not heard, Manager
Olander announced .that on October 1, 1981, the judge had signed an Order returning the urban renewal property,which had been litigation, to the City. The
Council also thanked the Anacortes School District for allowing the City to use
their facilities in the Citys Recreation program. Mr. Separovich noted the
Council had recieved copies of a letter Representative Lundquist had written
to the.Dept. of Ecology on behalf of the City relative to the water treatment
plant wastwater abatement. Councilwoman Kribs asked for a place to moor the
newly-built Sea Scout boat which rnoorage must be found within the next two
weeks. Councilman Rock suggested inviting Vito Ruzich to the study session of
the Council when the matter of the newly-returned urban renewal property is
discussed. Mr. Kiel asked the status of the proposal to raze the old Townsend
Hall on 12th Street and Mr. Mansfield advised him the matter was in court; a
nuisance action had been filed and he expected to present some motions to the
Court within the next two or three weeks.
There being no further business to come before
at 9:10 p.rn.
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October 19, 1981
Meeting called to order at 7:30 p.rn. by Mayor Knute Figenshow. Roll call found
present: Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Torn Cleland,
Charles Kiel, and Ken Moore.
MINUTES OF PREVIOUS MEETING Motion by Mr. Separovich, seconded by Mr. Rock,
that the minutes of the previous meeting held on October 5, 1981 be approved
as if read. Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel,
Moore. Motion carried.
There was no correspondence to be read. Mayor Figenshow asked City Attorney
Mansfield to read a .Proclamation naming the week of November 1st through Nov.
7th, 1981 as United Way Week and urging support of this program. Motion by
Mr. Kiel, seconded by Mrs. Kribs, that the proclamation be approved unanimously.
Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock. Motion
carried. There was no response to the Mayor's invitation to speak on any item
not on the agenda and there was no old business to be considered.
I
NEW BUSINESS PUBLIC HEARING ON PETITION FOR STREET VACATION Mayor Figenshow
explained the public hearing process and declared a public.hearing open to
consider a petition for vacation of the east 18 feet of the 24th Street right-ofway which abuts the Island View Addition. Planning Director Ian Munce showed a
view foil of the location and said the petitioners (Mr~ & Mrs. Geqrge Beatty,
2110 24th Street) gave a~reasons for the request (1) 24th Street should not be
used as access to property in the Island View Addition; (2) that using 24th
Street as access to Island View would depreciate their property values. The
Planning Commission held a public hearing on September 9th, 1981 on this request
and unanimously voted to recommend that the petition be denied. Staff review
of the request indicated the petition should be denied because (1) vacating the
right-of-way would not result in any meaningful acquisition to abutting property
owners; (2) such a vacation would deprive Island View property of an existing
secondary access; (3) reasons for requesting the vacation do not appear to be
valid. Mayor then asked for comments from the audience.
George Beatty, 2110 24th Street, addressed the Council and stated he and his
neighbor across the street had taken care of this strip of land for some time
October 19, 1981 - - - continued:
and did not feel it should be opened for traffic. He also noted that neither he
nor his neighbor across the street had received notice of the Planning Commission
public hearing as had other property owners in the area.
Ken Tiscornia, 2308 "E" Avenue, addressed the Council stating he felt the vacation
would only result in cutting off access to the rear of his property. Manager
Olander interjected and described the physical setting;. stating that 24th street
dead-ends against the back of the Tiscornia property; that Mr. Tiscornia had a
rock wall across the back of his land with a gate to the 24th street right-of-way
and uses it for access to the rear of his property.
Mr. Jim Farrow, 2400 "E" Avenue, addressed the Council stating he was the neighbor of Mr. Tiscornia and just a small corner of his property also abuts the 24th
Street right-of-way. He also was against vacating the right-of-way.
I
Mayor invited questions from the Council and Mr. Separovich said he would like to
see the care of the strip in question remain a neighborhood project without
vacation. Mr. Kiel asked which property owners would have to reimburse the City
for the land if it were vacated and Attorney Mansfield said that only Mr. Beatty
and his neighbor across the street, Mr. Bjorking (2111 24th). This is because
the Tiscornia and Farrow properties are in a different plat (Island View) even
though they abut the subject .strip. Mr. Rock asked the age of Mr. Tiscornia's
rock wall and was advised it was only 3 or 4 months old. Mr. Figenshow said he
was opposed to vacating streets of any kind as it seemed to always be a mistake.
There were no further comments and Mr. Figenshow declared the public hearing closed.
After additional discussion,
for the reasons set forth by
the 24th Street right-of-way
Ayes--Separovich, Figenshow,
motion by Mr. Separovich, seconded by Mr. Kiel, that
staff the petition to vacate the east 18 feet of
abutting Island View Addition be denied. Vote:
Cleland, Kiel, Moore, Rock, Kribs. Motion carr.ied.
1981-1982 COASTAL ZONE MANAGEMENT 306 CONTRACT Manager Olander stated that the
City had been offered Coastal Zone Management funds through the Skagit Council
of Governments for 1981-1982. This is the same manner in which the City has
received such funds for the past several years. The funds are used primarily
toward administration of the Shoreline Master Program and Shoreline Permit process.
He explained the grant for 1981 and 1982 was divided into two elements; one for
any revisions to the Shoreline Master Plan which might be necessary because of
the new Comprehensive Plan and the second is for the normal shoreline administration.
The total amount to be received is $12,932 from July 1, 1981 to Juen 30, 1982. The
City's non-cash share of $3,233 will be met by charging staff time spent in
shoreline management, but not claimed under the grant. Mr. Olander recommended
the Council pass the resolution authorizing continuance of this grant. After a
brief discussion, motion by Mr. Cleland, seconded by Mr. Separovich, that the
resolution authorizing execution of the grant contract be adopted and given
RESOLUTION NO. 681. Under the question, Mr. Moore asked why the whole package
was given to the Council when a good portion of it did not apply to Anacortes.
Mr. Olander explained this was only in case any member of the Council had any
questions on the attached appendix sheets which were referred to in the Anacortes
portion of the. contract. Vote: Ayes--Figenshow, Cleland, Kiel, Moore, Rock,
Kribs, Separovich. Motion carried.
CRITERIA FOR SALE OF URBAN RENEWAL PROPERTY Planning Director, Ian Munce, addressed
the Council and reviewed the information forwarded to the Council in their agenda
to the effect that the property which has reverted back to the City consists of
seven distinct parcels. He. showed a view foil of the area which indicated the
different parcels. He explained how each parcel could have access; the size of
each parcel, and which ones, in conjunction with the City's Comprehensive Plan,
are recommended to be retained by the City. The criteria for considering proposals to either purchase or lease beyond consideations of price, performance and
performance bond, and net financial benefit to the City, could extend to type of
employment opportunities to be generated. In addition to the aforementioned
recommendations, Mr. Mjnce recommended a notice of the availability of the
property be circulated to determine the regional market needs for industrialzoned waterfront property.
Mayor Figenshow noted that since the Order returning the property to the City,
the attorneys for the developer had appealed the decision. This appeal will
have to be answered which will take additional time, but in .the meantime, Mayor
Figenshow suggested that in order to enhance the overall ownership and the future
return on the investment, a panel be appointed to study the best uses of the
property and completely reivew all alternatives possible to determine the most
cost-effective way of utilizing the land. He suggested a 7-member panel
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October 19, 1981 - - - -continued:
consisting of one from the Port Commission, one or two from the Council, one
from the Board of Directors of the Chamber of Commerce, a member of the
financial community, a member of the realtors, and one from City staff .. This
panel to bring back to the Council, hopefully by the 1st of December,their
findings.
I
Mr. Olander suggested the panel, in conjunction with determining the best uses
of the urban renewal land, endeavor to look at ways and means of attracting
new jobs to the community; look at the long range economic development of the
whole community due to the recent closure of Publishers, etc.
Mr. Rock said he felt the suggestions were in order; Mr. Kiel said the City
should not be too impatient at this time because of the present economic
climate; Mr. Olander felt it would be in order to advertise only to determine
possible interest in the land, not to sell it immediately; it would probably
take quite awhile to consumate any kind of financial decision, but this should
not preclude the City from doing their homework. From the audience, Mr.
Dick Dildine, 1211 6th, said he had talked with people from Publishers and they
do not know when they might re-open. He also said the developer of the land
adjacent to the area under discussion; Mr. Gregory, had financing from the
Swedish government of 80% of the cost of constructing a lumber mill in Anacortes.
Mr. Figenshow _said the problem there was that the Swidish government wanted
a United States bank to back it up. Mr. Kiel felt that if the City advertises
it would get some response which could conflict with the findings of the
suggested panel. Mr. Moore agreed. From the audience, Mr. Jerry Maccormack
questioned the location of the Gregory property and whether .the City knew his
intentions, etc. Mr. Moore asked whether a study of the nature proposed would
affect the current pending appeal and was advised it would not.
Council then generally agreed that they would compile a list of names from
which a panel would be chosen next Monday night and no advertising of the land
should be done yet. Mr. Olander advised there was to be a meeting this coming
Wednesday and Thursday in Seattle with Mr. Gregory and his backers, so there
would be additional information for Council at the next study session.
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RESOLUTION AUTHORIZING CHANGE IN FAM DESIGN STANDARDS Engineering Supervisor,
Jim Pemberton, reminded the Council that the City was in the process of designing a "D" Avenue improvement project which included regrading, paving and
construction of shoulders from 17th Street to 26th Street. In this process,
it was found the present grade on the "D" Avenue hill is approximately 12~%
for a distance of, roughly, 600 feet. As this is a Federal Aid project,
construction has to conform to the Washington State Dept. of Transportation
City Design Standards. These standards specify that for rolling terrain the
maximum permitted grade is 10%, but these standards for grades may be exceeded
for short distances when permitted by local ordinance or resolution. Mr.
Pemberton explained that to.conform to the 10% grade, an enormously large fill
would have to be made in the area of the project and extend even some two blocks
farther. This would not be practical or economically feasible. He, therefore,
recommended the Council adopt a resolution authorizing staff to exceed the
design criteria set by the State to allow 12~% grade for a distance of approximately 600 feet.
The Council discussed this proposal at some length and then Mr. Rock moved to
delay action on the resolution for -two weeks. Seconded by Mr. Separovich.
Vote: Ayes--Cleland, Kiel, Moore, Rock, Kribs, Separovich, Figenshow. Motion
carried.
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AUTHORIZATION TO ADVERTISE FOR SALE OLD CITY HALL SITE Mr. Olander reminded
the Council that one parcel of City surplus land was the old City Hall site
next to the telephone company building on 5th and "O" Avenue. The lot is
70' X 100' and was appraised at $17,500. The General Telephone Company has
now expressed interest in purchasing this lot and, in order to comply with
state audit guidelines, it would have to be advertised for sale if the Council
still wishes to sell it. There followed discussion of the pros and cons of
selling the property. Motion was·then made by Mr. Kiel, seconded by Mr. Cleland
that the property be advertised for bid with a minimllin price of $17,500. Vote:
Ayes--Kiel, Separovich, Figenshow, Cleland, No--Moore, Kribs. Abstained--Rock.
Motion carried.
Mayor Figenshow announced there were several
boards and commissions and the Council would
There being no further business,
positions.
November 2, 1981
Meeting called to order at 7:30 p.m. by Vice-Mayor, Ray Separovich. Roll call
found present: Bud Rock, Karolyne Kribs, Ray Separovich, Tom Cleland, Charles
Kiel and Ken Moore. Mayor Knute Figenshow was excused.
MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Cleland, that
the minutes of the previous meeting held on October 19, 1981 be approved as if
read. Vote: Ayes--Rock, Kribs, Separovich, Cleland, Kiel, Moore. Motion
carried.
There was no correspondence to be read.
CITIZEN HEARINGS There was no response to Mr. Separovich's invitation to anyone
in the audience to speak on any item not on the agenda.
OLD BUSINESS - AUTHORITY TO CHANGE FAM DESIGN STANDARDS - "D"AVE. IMPROVEMENTS
Engineering Supervisor, Jim Pemberton, reviewed the information given previously
to the Council regarding the grade on the "D" Avenue hill in connection with the
City's project to improve "D" Avenue from 17th Street to 26th Street. A large
diagram of the subject hill was shown indicating the proposed area for filling
and grading to provide the best possible design at minimum coxt. The change
in standards would allow a maximum grade of 12~% for a distance of approximately
600 feet. Mr. Pemberton then replied to questions from the Council and it was
pointed out that the Council is not approving the project as such, at this time,
but is merely approving the change in design standares for the one specific
location. Mr. Pemberton advised that there would be a public hearing for property
owner in-put to be held when the design phase of the project is further along.
Resolution authorizing the change as described was read, by title, by City
Attorney Mansfield. Motion by Mr. Kiel, seconded by Mr. Moore, that the resolution be adopted and given RESOLUTION NO. 682.
Vote: Ayes--Kribs, Separovich,
Cleland, Kiel, Moore, Rock. Motion carried.
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NEW BUSINESS - PROCLAMATION City Attorney Mansfield read a Proclamation proclaiming December 5th through December 13th, 1981 to be Anacortes Second
Christmas Festival and urging the community to join together in a demonstration
of good will and togetherness.
APPOINTMENTS TO AD HOC URBAN RENEWAL REVIEW COMMITTEE In the absence of Mayor
Figenshow, Manager Robert Olander read a list of persons recommended by Mr.
Figenshow to be named to the committee charged with reviewing and determining
the best possible ways of utilizing the parcel(s) of urban renewal land which
have just been returned to the City. The list was: Floyd Waller (banker),
Jim Colley (realtor), Bob Keller (Port), Bud Rock (Council), Morgan Howells
(business), Bob Olander (City staff). After some discussion, motion was made by
Mr. Kiel, seconded by Mr. Cleland, that the representative from the Port of
Anacortes be one of the Commissioners, named by the Port Commission, in order
to make it as much a citizen committee as possible. Vote: Ayes--Separovich,
Cleland, Kiel, Moore, Rock, Kribs. Motion carried. Councilman Rock said he
felt there should also be a representative from the property owners in the area,
thendecided that wouldn't be a good idea due to possible confluct of interest;
Mr. Cleland suggested a representative of the.water-oriented industries,
possibly Maureen Dickson. After additional discussion, motion by Mr. Kiel,
seconded by Mr. Rock, that an additional person be named to the committee,
with first choice being Maureen Dickson, and if she is not available, another
individual be appointed from the marine-oriented industry. Vote: Ayes--Cleland,
Kiel, Moore, Rock, Kribs, Separovich. Motion carried.
REQUEST TO USE LAND IN URBAN RENEWAL AREA FOR LAUNCH SITE Manager Olander
advised the Council he had received a request from Mr. Vito Ruzich, owner of
the Hydraulic Fishing and Supply, for permission to use a strip of land just
south of the Snelson-Anvil property in the urban renewal area as a launch site.
Mr. Ruzich has an immediate nned for such a facility and has proposed to
improve the strip of land by grading and filling with gravel or crushed rock
so it would be in a condition to be used to launch his new, large vessels.
Mr. Ruzich has proposed doing this all at his own risk with no expense to
the City. Mr. Ruzich addressed the Council and described, in more detail, his
proposal stating he would prefer to invest his money in this manner rather
than rent a large crane to launch his boats when they are ready. He said he
felt it would be a benefit to the whole community and that it would be possible
for others to use the launch site under a controlled situation. Councilman
Kiel asked Attorney Mansfield whenther the grading and filling would enhance
the property and was advised it probably would be beneficial aa well as within the City's rights to do so. Other questions included whether such per-.
mission should be given by contract and the reply was that since Mr. Ruzich
would be paying for it, there would be no problem to allow him to do it with
a letter of understanding rather than a contract or lease because it would be
available for other people to use it also. Mr. Olander pointed out that, as
yet, the City has not received the property finally because there is an appeal
pending and the Council has not definitely determined what they wish to do
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November 2, 1981 - - - - -continued:
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with the property in the future, so perhaps there should be some discussion on
the length of time it could be used in the manner requested. Mr. Kiel agreed.
Mr. Moore questioned Mr. Ruzich as to whether he would be saving money by
making such improvements and not having to use a crane and said he would
prefer it being done by the City for the benefit of all the people rather than
being done by a private individual because what if, at some point, the City
didn't want it the way it had been done? After additional disucssion, Mr.
Ruzich said he realized the City's plans·for the property were still very much
unsettled and if the City should decide otherwise, he would be still willing
to take the risk. Mrs. Kribs said she thought.the proposal was all right, as
did Mr. Separovich. Mr. Mansfield pointed out it was not to be considered
public access and there should be some regulation and control at the present
time. Mr. Ruzich agreed.
Motion by Mrs. Kribs that the City accept the gift of grading and graveling,
to City specifications, and that a letter of agreement be drawn up by the City
Attorney with all conditions outlined therein; and that all requests for use
thereafter be directed to Mr. Ford, Public Works Director. Seconded by Mr.
Rock. unaer the question,·Mr. Olander noted that in the letter of understanding
or agree,ent, it should also be stipulated that the Council was not giving up
any options for further use of the property. Vote: Ayes--Kiel, Moore, Rock,
Kribs, Separovich, Cleland. Motion carried.
BUDGET REVIEW SCHEDULE Manager Olander suggested the following dates for the
council's review of the proposed 1982 City budget: November 11th, 19th, 24th;
December 3rd, 10th, and 17th. These dates were approved by Council. Mr.
Dildine asked where these study sessions would be held and was advised they
would be probably downstaris in one of the smaller meeting rooms.
Manager Olander then asked the Council to remain for a brief executive session
regarding labor relations. Meeting adjourned to the executive session at
g,3op.m.
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November 16, 1981
Meeting called to order by Mayor Figenshow at 7:30 p.m. Roll Call found present:
Bud Rock, Karolyne Kribs, Ray Separovich, Knute Figenshow, Tom Cleland, Charles
Kiel, Ken Moore.
MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel, seconded by Mr. Rock, that the
minutes of the previous meeting held on November 2, 1981 be approved as if read.
Vote: Ayes--Rock, Kribs, Separovich, Figenshow, Cleland, Kiel, Moore. Carried.
There was no correspondence to be read and no one from the audience responded to
the Mayor's invitation to speak on any subject not on the agenda.
OLD BUSINESS - There was .no old business to be considered.
NEW BUSINESS - PUBLIC HEARI·NG ON PROPOSED BUDGET FOR 1982 Mayor Figenshow declared
a public hearing open and asked City Manager Olander to briefly outline the procedure followed in formulating the City's budget and said the Council will be
holding several study sessions to consider in detail the proposed budget. He said
the public was invited to attend these study sessions. He also explained that state
law required the holding of two public hearings on the budget; there would be
another on Dec. 7, 1981 for public in-put. Copies of the preliminary budget are
available in the City Clerk's office and at the Library.
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Mr. Olander then explained that the proposed 1982 budget was in balance, with no
tax or utility rate increases, in the amount of $7,710,513. This is an increase
of 4.6% over the 1981 budget. He proposed showing several summary charts for the
benefit of the audience and, while he was preparing to do so, Mayor Figenshow said
he was disappointed that there was little attendance at the previous study session
which was held at the Library, despite wide publicity of the meeting, and hoped
there would be more public interest in the future study sessions. Mr. Olander
then showed a."Sumroary of Expenditures by Funds" which compared the 1980 actual
expenditures, the 1981 budget and the 1982 estimate for each of the 25 different
funds under which the City operates. The same comparisons were made on a chart
of "Expenditures by Category" which also· showed the percentage of the total City
budget spent for each category. There was a chart showing the reserves for
operation and construction and a chart which compared the property tax levy for
the years 1977 through 1982 and the distribution of this tax money into the
November 16, 1981 - - - - continued:
various City funds. Mr. Olander pointed out that the millage has been reduced
every year due to the state "106%" law. Another chart indicated where the
revenue comes from and where it goes and the percent of the total derived from
each source of revenue.
There was a breakdown of the expenditures in the
General Fund by category. The General Fund includes such City services as
police, fire, attorney, planning, municipal court, personnel, etc. Mr. Olander
suggested that anyone wishing additional, more detailed information should
attend the budget study sessions. The dates of these sessions are: November
19th and 24th, December 3rd, 10th and 17th at 7:00 p.m. in one of the smaller
meeting rooms at City Hall. There followed a brief discussion by members of
the Council concerning the time it takes to properly review a proposed budget
and Mayor Figenshow invited comments from the audience. There were none.
Public hearing then continued to the meeting of December 7, 1981.
ORDINANCE AMENDING 1981 BUDGET. George Khtaian, Fiannce Director, advised the
proposed amendment to the 1981 budget was necessary due to additional interest
which had to be paid on the interest-bearing warrant being held by People's
Bank in connection with the urban renewal project. He briefly reviewed the
circumstances necessitating the issuance of this warrant and the reason there
is additional interest to be paid is because the litigation on the urban
renewal property has not yet been resolved. Inasmuch as the General Fund
is now experiencing a tight financial condition, he said he had been instructed
to transfer the interest charge to the Revenue Sharing fund, hence the necessary
budgetary amendment.
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There followed discussion of the amount of interest to be paid and the apportionment between the City and Mr. Peter Gregory, who also is involved as an owner
of property in the urban renewal area and was brought into the subject litigation.
Mr. Cleland and Mr. Moore questioned the source of the funds and whether using
them in this fashion would deprive some other project or department. They were
advised it would not. Attorney Mansfield then read, by title, an ordiannce
amending the 1981 budget, the Revenue Sharing Fund, in the amount of $27,158.
Motion by Mr. Separovich, seconded by Mr. Rock, that the ordinance be adopted
and given ORDINANCE NO. 1864. Vote: Ayes-- Kribs, Separovich, Figenshow,
Cleland, Kiel, Moo~e, Rock, Separovich. Motion carried.
AWARD OF BIDS ON STREET OVERLAY PROJECT Public Works Director, David M. Ford, Jr.
advised that on November 10, 1981 bids were opened for an asphalt overlay
project of the northbound lane of "R" Avenue between 22nd Street and 34th Street
and an overlay on the entire portion of "O" Avenue between 2nd and 6th Streets.
Bids received were: Marine Aspahlt--$45,393; Krieg Construction, Oak Harbor-$49,999; Associated Sand and Gravel, Everett--$57,974. The estimate of the
Engineering Department was .$63,460. It was Mr. Ford's opinion that the low
estimate from Marine Asphalt was very good and should be accepted by Council.
The Council agreed, but asked whether the job could still be done this year,
and Mr. Ford replied that if the weather remains good, it could be done; if
not, it could be put off until next spring. Motion by Mr. Separovich, seconded
by Mr. Cleland that the low bid of Marine Asphalt in the amount of $45,393 be
accepted. Vote: Ayes-Separovich, Figenshow, Cleland, Kiel, Moore, Kribs.
No-Rock. Motion carried.
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Mayor Figenshow then (at 8:10 p.m.) declared a brief intermission in order that
the Council could have an executive session to discuss appointments to the
various boards and commissions of the City.
Meeting reconvened at 8:25 p.m. Mayor Figenshow said the following persons had
been recommended for the Forest Management Committee: Bill Ellin, term 1 yr.;
William Stitt, term 2 years; Robert Harr, term 3 years; Bob Rose, term 4 years;
Del Taylor, term 5 years. Motion by Mr. Kiel, seconded by Mr. Moore, that
these appointments to the Forest Management Committee be confirmed. Vote:
Ayes--Figenshow, Cleland, Kiel, Moore, Rock, Kribs, Separovich. Motion carried.
Motion was then made by Mr. Separovich, seconded by Mr. Rock, that Mr. Norwood
Young be re-appointed to the Board of Adjustment~ Vote: Ayes--Cleland, Kiel,
Moore, Rock, Kribs, Separovich, Figenshow. Motion carried.
Mr. Figenshow then announced that Mr. Charles Williams, former Anacortes High
School principal , had been appointed to the Civil Service Commission. There
still remains a vacancy on the Park and Recreation Advisory Commission and
the Museum of History Board.
Councilman Separovich said he felt that inasmuch as the City had receive a
letter from the D.O.E. concerning the wastewater at the water treatment plant
extending the date for compliance with the requirements, that the City should
no longer continue with the consulting firm. He was advised that the present
contract was for engineering only and that the work was 95%-97% complete. It
was Council's general opinion that the work should be finished and the
application submitted and then no further proceedings until the contents of
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November 16, 1981 - - - continued:
the subject letter clarified. Mr. Olander said a meeting had been requested
with the D.O.E. for clarification of the contents of the letter received.
Mayor Figenshow said he felt the City should take steps to initiate
legislation (by contacts with the state legislators) to eliminate the need
for the present requirements.
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From the audience, Mrs. Joy Werner addressed the Council and said she had
been asked by residents of the Harbor House to request the City to re-paint
crosswalks across "Q" Avenue and possibly put up signs a short distance in
either direction to warn motorists of pedestrians .crossing. The elderly
residents of the Harbor House have complained that it is very difficult for
them to get across the street to go to the stores for shopping. Mrs. Werner
was advised that information from the State Highway Department indicates
that painted crosswalks give a false sense of security and actually cause
more accidents than when there are none. However, this request will be taken
to the Traffic Safety Committee for their recommendations. There was also
discussion about repairing some of the bad sidewalks in the area and it was
pointed out there is money in the 1982 budget to do some of this badly needed
work.
There being no
at 8:45 p.m.
November 30, 1981 (Special Meeting)
The special meeting of the Anacortes City Council was called to order at 7:30
p.m. in the City Hall Community Center by Mayor Knute Figenshow. All Council
members were present.
Mayor Figenshow opened the meeting by stating to the Council and members of
the audience that the purpose of the special meeting was to set special
election dates and to discuss the salary of Mayor and City Council members.
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Stephen Mansfield, City Attorney, read a resolution authorizing and directing
the holding of special elections for the purpose of electing seven Council
members and a mayor. The resolution set the primary election date for the
first Tuesday after the first Monday in February, 1982 with the final election
to be held the second Tuesday in March, 1982. Mr. Separovich moved that the
resolution be adopted and the motion was seconded by Mr. Rock. Mr. Kiel asked
Mr. Mansfield what would happen if no more than two people signed up for each
position. Mr. Mansfield responded that the primary in February would not be
held and that the only election would be the one in March. Mr~ Cleland raised
the question about the numbering of the Ward positions. He voiced concern
that if the positions were not re-numbered, that the past practice of having
all of the Ward positions up .for election at the same time and all of the
At-Large positions up for election at the same time would be changed and that
this would be confusing to the voters. Mr. Separovich objected to re-numbering of the positions stating this would not be fair to those holding ward
positions that were just elected. After some additional discussion, :Mr ... Kiel
moved to amend the resolution so that positions 1, 2 and 3 would be the Ward
positions and would be . 1for an initial two-year term at the March election,
with positions 4 through 7 being designated as the At-Large positions and
being elected for an initial 4-year term at the March election. The motion
was seconded by Mr. Moore. The vote was: Moore-yes; Rock~yes; Kribs-yes;
Separovich-no; Figenshow-yes; Cleland-yes; Kiel-yes. Amendment carried.
Mr. Separovich then moved to have all of the Ward positions voted on by the
City at large, both in the primary and general elections. Under discussion,
Mr. Figenshow said he felt it was the wrong time to do this; Mr. Cleland
stated he felt it coudl not be done without a public hearing and Mr. Kiel
stated that this was a different issue which should be addressed by the new
Council elected in March. The motion was seconded by Mr. Moore for the
purpose of a vote and the vote was as follows: Rock-no; Kribs-no; Separovich
yes; Figenshow-no; Cleland-no; Kiel-no; Moore-no. Motion failed.
Mr. Figenshow then called for a vote on the original resolution, as amended,
to set the election dates in February and March. The resolution was approved
unanimously by the City Council and given RESOLUTION NO. 683.
City Manager Robert Olander then presented the Council with a Job Description
for the duties, responsibilities and hours of the mayor's position. The Job
Description was read out loud and there was no discussion. Mr. Kiel moved
that the Job Description be adopted. Mr. Rock seconded the motion. The
motion was passed unanimously by the Council.
November 30, 1981 - - -continued:
Mr. Figenshow then introduced a proposed ordinance to set the salary for the
new mayor and city council. Mr. Kiel moved that the salary for City Council
members be retained at the current $100 per month. The motion was seconded by
Mr. Moore. Under discussion, Mr. Separovich stated that he felt that it should
be somewhat higher, perhaps at $150 to $200 per month which would be more in line
with what Mt. Vernon and other cities are paying for the Council stipend. He
stated that with the new form of government that the Council members would have
added responsibilities and they should be compensated an additional amount.
Mr. Moore stated that he felt that serving as a City Council member was primarily
a public service and that the salary should not be increased. Mayor Figenshow
called for the vote on the issue and motion was passed unanimously by the City
Council to retain the salary of $100 per month. Ordinance was given
ORDINANCE NO; 1865
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Mr. Kiel then moved that the mayor's salary should be set at $2,375 per month
and the motion was seconded by Mr. Cleland. Under discussion, Mrs. Kribs said
she felt it should be somewhat lower; Mr. Kiel stated he would prefer to see it
set at a somewhat higher level in order to attract top quality candidates, but
that he would be willing to compromise at the suggested figure. Mayor Figenshow
called for the vote and the votes were: Kiel-yes; Moore-no; Rock-abstained;
Kribs~no; Separovich-yes; Figenshow-yes; Cleland-yes.
Mr. Kiel made a motion
that the ordinance adopting those two salary levels be passed, the motion was
seconded by Mr. Moore. The vote was: Moore-yes; Rock-yes; Kribs-no; Figens~ow­
yes; Separovich-yes; Cleland-yes; Kiel-yes.
The meeting was adjourned by Mayor Figenshow at 8:
~~~<0,,~
Robert Olander, Secretary Pro tern
S~.l-:5.-~LUIL4d!!:Jl!~~~-
c?J-K.
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December 7, 1981
Meeting called to order by Mayor Figenshow at 7:30 p.rn. Invocation was given
by Father Auer, former Priest of St. Mary's Catholic Church. Roll call found
present: Bud Rock, Karolyne Kribs·, Ray Separovich, Knute Figenshow, Torn Cleland,
Charles Kiel, and Ken Moore.
MINUTES OF PREVIOUS MEETINGS Motion by Mr. Separovich, seconded by Mr. Rock,
that the minutes of the two previous meetings held on November 16, 1981 arnd
November 30, 1981 be approved as if read. Vote: Ayes--Rock, Kribs, Separovich,
Figenshow, Cleland, Kiel, Moore. Motion carried.
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There was no correspondence to be read, and no response from the audience to
Mr. Figenshow's invitation to speak on any item not on the agenda.
OLD BUSINESS - CONTINUATION OF PUBLIC HEARING ON PROPOSED 1982 BUDGET Mayor
Figenshow declared the public hearing on the proposed 1982 City Budget to be
open and invited comments from the audience. When there was no response, Mr.
Figenshow commented he was disappointed that there had been very "slim"
attendance at the budget meetings. He then declared the public hearing
closed.
NEW BUSINESS AMENDMENT TO TELEPHONE UTILITY TAX ORDINANCE. Manager Olander
reviewed the City's current utility tax levied on telephone service in the City
limits and stated the state legislature, this past year, had exempted certain
phone charges from local utility taxes because the phone companies maintain
that individual phone and PBX equipment is now sold by other firms who do not
have to pay the tax. Due to these exemptions, the City would lose about $14,000
in revenue and, in order to make up this deficit, the phone company recommended
the City tax the intra-state long distance calls at the 100% rate rather than the
20% rate. Mr. Olander showed a view foil depicting the various items which are
taxable and those not taxable.
At a study session, the Council decided to adopt a position about midway
between the present situation and that recommended by the telephone company
which would leave the tax rate at 7% and tax 45% of the intra-state long
distance calls instead of 100% as suggested by the telephone company. This
compromise will not increase the tax to the citizens, but will merely split the
burden equitably between local service charges the long distance rates.
Attorney Mansfield read a proposed ordinance, by title, authorizing the change
in the telephone tax as described above. A representative of the telephone
company was in the audience and voiced his approval of the Council's determination in the matter. Motion was then made by Mr. Separovich, seconded by Mr.
Cleland, that the ordinance be adopted and given ORDINANCE NO. 1866 . Under
the question, Councilman Moore credited Mr. McCormick and Mr. Pickett, who
attended the Council study session, with the in-put leading to this decision.
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December 7, 1981 - - - continued:
4165
Vote: Ayes--Kribs, Separovich, Figenshow, Cleland, Kiel, Moore, Rock.
Motion carried.
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PROPOSED AMENDMENTS TO ORDINANCE ADOPTING STATE ENVIRONMENTAL POLICY ACT
Planning Director Munce reviewed the memorandum forwarded to the Council concerning three proposed changes to the existing City Ordinance No. 1795. The first
change would make the City Planning Director rather than the Director of
Community Development the "Responsible Official". The second change proposed
the deletion of the option of the Environmental Impact Statement (EIS) being
prepared by a private applicant or a consultant hired by a private applicant
and require that the EIS be prepared by the responsible official, or by a
consultant retained.by the responsible official in consultation with the
applicant and then the responsible official would direct the preparation,
determine what data and information are required, and approve the document
before it is distributed. The third proposed change would delete the SEPA
Public Information Center which has to do with how information shall be stored
and transmitted.
Mr. Munce, in response to the Council's previous inquiry as to what other cities
in the state were doing, gave the Council a list of cities of the State of
Washington which indicated which cities select and hire consultants to prepare
the EIS statements, ·which ones have a final approval, and those who allow the
developer to select the person or firm to prepare the document. There was only
one city out of the 24 listed which allowed the developer to select from a city
list. Mr. Munce proposed that Anacortes adopt this last method and approve an
"Environmental Impact Statement Preparation Approved Consultants List". He
stated that Skagit County had made this change in January of 1981 and was utilizing
the referenced list.
There followed considerable discussion during which Council members questioned
the possibility of City liability after preparation of an EIS, the reasons for
proposing the changes, who would be responsible for the cost of the preparation
of an EIS, etc. Mayor Figenshow then suggested that Mr. Munce do further research
and contact other cities, those with populations more near that of Anacortes,
and determine their experiences and determinations concerning the proposed new
system. This matter was then postponed until the next regular Council meeting.
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DEDICATION OF STORM DRAINAGE EASEMENT IN URBAN RENEWAL AREA David M. Ford, Jr.
Public works Director, adivsed the Council that this item was a housekeeping
measure in that it had been discovered that the property in the urban renewal area
where a storm sewer and outfall were constructed had not had a dedication for the
easement for the storm sewer outfall. Therefore, an Easement and Dedication was
drawn up granting and dedicating to the public a perpetual easement and rightof-way through certain described properties for the purpose of maintaining and
installing the storm drain referred to above. After a brief discussion, motion
by Mr. Separovich, seconded by Mr. Rock, that the Easement and Dedication be
approved and that the resolution authorizing execution be approved and given
RESOLUTION NO. 684. Vote: Ayes--Separovich, Figenshow, Cleland, Kiel, Moore,
Rock, Kribs. Motion carried.
PROPOSED SLAE OF SURPLUS CITY PROPERTY Council authorized advertising for sale
a vacant lot, 70' X 100', in the 1100 block of 5th Street adjacent to the General
Telephone Company building. One bid was received fr-m General Telephone in the
amount of $17,500 which was the appraised value of the property. Public Works
Director Dave Ford stated he could not see the City being able to utilize this
property for public works or public safety purposes or as a City park because
Causland Park is only a block away. Motion was made by Mr. Kiel, seconded by
Mr. Figenshow, that the staff be authorized to proceed with preparation of a
deed and other documents necessary to complete the slae. Under the question,
Councilwoman Kribs objected because, even though it was a vacant lot, it was a
historic site being the old city hall and fire station location. There followed
general discussion about where the funds would go (into the property acquisition
fund), whether anyone knew what the phone company intended to do with the lot;
whether all the neighbors had been informed of the potential sale (they had)
etc. From the audience, Dick Dildine, 1211 6th Street, said that possibly the
usefulness of the piece of property might not be seen now, but in the future it
could prove very valuable. Mayor Figenshow reminded the Council it had an
obligation to pay back funds into other accounts from which money was borrowed
to buy the train depot property. Vote: Ayes--Figenshow, Cleland, Kiel. No-Moore, Kribs, Separovich. Abstained--Rock. Motion failed. Mrs. Kribs suggested
possibly leasing the land to the phone company and Councilman Cleland said he
did not understand why the Council could deny the sale after voting to sell it.
December 7, 1981 - - - -continued:
REQUEST FOR SEGREATION OF LID ASSEMENT - W. BAZEN Mr.Ford advised the City
had received a request for an LID assessment segregation on Lots 5 through 10,
Block 17, Nelson's Addition to Anacortes. The owner, Mr. Baze, through his
attorney, Mr. Wells, asked that the property be broken into 3 parcels with
separate assessments for each. Under LID No. 184, this property was considered
one parcel under single ownership and assessed as such. One 2-lot parcel has
been sold and sale of an additional 2 lots is under negotiation. Mr. Ford recommended adopting a resolution granting such segregation as this is the standard
procedure for breaking up an assessment from a single parcel. The LID involved
was No. 184 for street paving. Councilman Kiel asked the zoning in the area and
Mr. Ford determined it was RH2A, single family residences. Motion by Mr. Kiel,
seconded by Mr. Rock, that the request be granted and resoltuion so ordering
the segregation be passed and approved and given RESOLUTION NO. 685.
Vote:
Unanimous. Motion carried.
I
VACANCY ON PLANNING COMMISSION Mayor Figenshow. announced that the terms of
Ernest Baxter and Rick Latham on the Planning Commission would expire on Dec.
31st. Mr. Latham.has indicated he would be'willing to serve another term, but
Mr. Baxter will not. Anyone interested in serving on this commission is urged
to submit their name to the Planning Commission, the City Manager, or to the
Council Mr. Figenshow said appointments would also be made next meeging to the
Museum of History Board and Park and Recreation Advisory Commission.
PROPOSAL TO LIMIT CAMPAIGN SPENDING Councilman Ken Moore addressed the Council
and said he would like to point that that since the voters have initiated a new
system of city government, that it will be political in nature and so there
will be costs involved and that the vote could be influenced by the amount of
money spent in· the campaign. He said he would like to see, if at all possible,
a maximum amount set which could be spent by a candidate for mayor and also
some limitations on Council positions also since some are ward positions and
some are at-large positions. He said he believes the citizens of the community
wish all candidates to run on the same basis and, if a limitation cannot be put
on expenditures, he would suggest the elimination of the filing fees for running
for office. Mayor Figenshow asked if there were any comments from the Council
and Mr. Separovich asked Attorney Mansfield if anything could be done by the
Council towards that end. Mr. Mansfield said he was not aware of any other
small city that has a limitation and, as far as the filing fee, he believed
it is imposed under state law and until he had researched the matter, did not
know whether or not the City could waive the filing fee. After additional discussion, this matter was referred to the n-xt Council study session.
I
Mr. Moore then brought up the matter of the proposed development at Ship Harbor
and said that since it seemed to be a subject everyone was talking about, he
would like to see the item placed on the ballot for an advisory vote of the
people. Council agreed this also would be discussed at the next study session.
Mr. Separovich asked if any further word had been received from the D.O.E.
regarding the City's objections to constructing a wastewater treatment facility
at the water treatment plant. Mr. Ford replied no additional information had yet
been received and Mr. Figenshow said the only real answer was to try to get
legislation passed which would change the present laws. Mr. Olander said the
subject would be on the study session agenda for December 28, 1981 for Council's
guidance about the next steps to be taken.
Councilman Moore requested a letter received from the Housing Authority be read
aloud. Said letter pertained to statements made to the Council at their meeting
of November 16th alleging residents of the Harbor House had complained about
sidewalks and crosswalks. The Executive Director of the Housing Authority denied
any knowledge.of any complaints, or of anyone falling or being injured because
of an unpainted crosswalk or the condition of the sidewalk in the vicinity of
the Harbor House; nor have any residents voiced any complaints through that office.
Mr. Ford said the Safety Committee still felt that painted crosswalks tended
to give a pedestrian a false sense of security.
The matter of restricted parking on 4th Street, west of Commercial, will be discussed at a later study session. There being no further business, meeting
adjourned to an.executive session to discuss labor negotiatons at 8:50 p.m.
I
December 21, 1981
Meeting called to order at 7:30 p.m. by Mayor Knute Figenshow. He prefaced
the meeting by stating that since it was the last meeting of 1981, he wished
to extend his best wishes to everyone for a very Merry Christmas and his thanks
to the Council for all their hard work during the past year.
ROLL CALL found present: Bud Rock, Karolyne Kribs, Ray Seaprovich, Knute
Figenshow, Tom Cleland, Charles Kiel and Ken Moore.
I
MINUTES OF PREVIOUS MEETING
Motion by Mr. Separovich, seconded by Mr. Kiel,
that the minutes of the previous.meeting held on December 7, 1981 be approved
as if read. Vote: Ayes--Rick, Kribs, Separovich, Figenshow, Cleland, Kiel,
Moore. Motion carried.
CORRESPONDENCE City Manager Robert Olander read a letter addressed to the Mayor
from the Skagit County Fair Association asking whether or not Anacortes wished
to name a representative to their Board for 1982. Council will consider this
and advise them. There was also a letter from the Anacortes Housing Authority
advising that the term of Willard Evans would expire on December 31st. That
.Board suggested his re-appointment, but in accordance with City policy, the
Council requested that anyone interested in serving on this board, submit their
name to the Council, the Manager or Mayor. Mr. Olander then drew the Council's
attention to a report regarding usage of the Community Center and noted it
indicated an increase in 1981 over 1980, through November, of about 24.5%.
CITIZEN HEARINGS Mrs. Joy Werner, 904 8th Street, addressed the Council and
read a prepared statement in which she denied that her request to the Council
on November 16th was in any way a complaint; that the letter from the Housing
Authority to the Council was completely erroneous and misleading and had
caused her great distress; that she had made the request to the Council because
she had been asked to do so by residents of Harbor House strictly as a favor to
them and wished to set the matter straight.
I
Mr. Pat Brodie, Planning Coordinator Anacortes Shipwrights, addressed the Council
and presented a preliminary proposal for.disposition of the urban renewal
property currently under study. His proposal was that the area be retained by
the City for a public marine haulout facility with the City owning and operating
it; with an area with water and electricity for repair and maintenance of boats
by their owners and with haulout fees not less than those charged at comparable
local facilities. He stressed it should be a self-supporting endeavor, and
requested the matter be discussed at a Council study session. In the discussion
that followed, Manager Olander suggested that if the Council accepts the recommendations of the urban renewal review committee, which included further work
by the committee, that this request be referred to the committee for study and
recommendation to the Council. Council agreed this should be discussed at a
study session.
Mr. Terry Myers, 4020 West 6th Street, addressed the Council and asked for a
variance of Council policy regarding water extension. Public Works Director,
Dave Ford, explained the circumstances leading to the request as follows:
about 2 years ago, Mr. & Mrs. Myers applied for and received a building permit
to build a home on their property on West 6th abutting Anacopper Mine Road.
This permit was based on the extension of water and sewer, in accordance with
policy, to their.property: Mr. Myers has been able to extend a 6-inch waterline a distance of 18 feet into his property and did considerable work to try
to get a sanitary sewer line to his property as required, but adjacent property
owners backed out and he was forced to install a septic tank system. According to City policy, the water extension must be to the far property line which
is another 205 feet. At this time, Mr. Myers cannot afford to extend the
waterline this additional distance and so is requesting a variance for a period
of 5 years to do so. Mr. Myers is willing to sign an agreement stipulating
that he will be responsible for installation of the line at the end of, or
prior to, .the 5-year period.
I
There followed lengthy and detailed discussion of the request. Mr. Ford
suggested four alternatives as follows: (1) refuse the request entirely; (2)
Mr. & Mrs. Myers petition for an LID to cover the cost of the waterline to
the proper boundary; (3) an agreement could be drawn stipulting the line must
be installed in a 5-year period; stipulating that if adjacent property owners
wish to build and extend the line, Myers would provide the extension across
their property and further stipulate that if there is any default by Myers,
the City could install the line and put a lien on the property; (4) a well
could be installed in the interim.
Mr~ Ford said he favored the option of an
agreement even though he realized there would be problems of enforcement.
Comments from the Council were: Mr. Figenshow said deviation from policies
always caused the propblem of where it should stop; Mrs. Kribs said that if
entering into such a proposed agreement would not cost the City any money,
possibly an acceptable agreement could be drawn; Mr. Kiel asked how the City
December 21, 1981 - - - - -continued:
could protect themselves in an agreement of this type and Mr. Mansfield said the
agreement would have to run with the land and be binding .on any future purchaser
but enforcement would be the difficult part. Mr. Separovich said he believed
the Council should help in any way they could and was in favor of an agreement
with Mr. Myers; Mr. Cleland was of the opinion that whenever the Council granted
a variance from its policies on water extensions, roads, etc. they came back to
"haunt" the Council, so he was against it. Mr. Moore felt City policies didn't
always apply and that this wan an exceptional case and an agreement was in order.
Mr. Rock suggested cutting down on the 5-year period and Mr. Myers said it would
be much easier to do in 5 years.
Mr. Kiel then moved that the City enter into an agreement with Mr. Myers, as
described and allowing a period of 3 years to extend the waterline as required
and with covenants to protect the City. Seconded by Mr. Separovich. Under the
question, Mr. Moore asked Mr. Kiel his reasons for proposing a 3-year period
instead of 5 and Mr. Kiel said he thought that perhaps in 3 years Mr. Myers
might be able to accumulate the necessary funds and that since it is a variance
of City policy, it should be resolved as soon as possible. Mrs. Kribs moved to
amend the motion and allow S years instead of 3. Seconded by Mr. Moore. Vote
on the amendment: Ayes--Kribs, Moore, Rock, Separovich. No--Figenshow, Cleland,
Kiel, Amendment passed. Vote on original motion as amended: Ayes--Separovich,
Kiel, Moore, Rock, Kribs. No--Figenshow, Cleland. Motion carried.
I
At this point, Mr. Olander stated the following items would be added to the
evening's agenda: reconsideration of sale of excess City property; proposed
acceptance of streets, right-of-ways and cost of street lighting in Division 6
of Skyline; and appointments to the Planning Commission.
There was no old business to be considered by the Council.
NEW BUSINESS ORDINANCE ADOPTING 1982 BUDGET Mr. Olander presented the final
1982 budget stating that the Council and staff had spent many hours studying
the City's needs and going over all items of the budget. The final document
is in balance at a total of $7,698,489 which is approximately $25,000 less
than the preliminary proposed budget. He pointed out that of this amount over
a million dollars is "double budgeted" to comply with state budgeting requirements. Mr. Separovich asked if there were any funds to better the public
address system in the Council Chambers this year and was advised that perhaps
additional study of the matter could be done. Mr. Olander read, by title,
the ordinance adopting the budget and salary schedule for all municipal purposes and uses for the year 1982. Motion by Mr. Cleland that this ordinance
be passed and approved was seconded and passed unanimously. Ordinance was
given ORDINANCE NO. 1867 .
I
ORDINANCE AMENDING 1981 BUDGET Finance Director, George Khtaian, explained
that the proposed ordinance amending the 1981 budget was for housekeeping
purposes and was necessary due to the purchase of the Burlington-Northern
property. There was no actual transfer of funds, just a change in the
appropriation. Mr. Mansfield read the proposed ordinance, by title, Mr.
Separovich moved that the ordinance be passed and approved and given
ORDINANCE NO. 1868.
Vote: All ayes. Motion carried.
ADOPTION OF RECOMMENDATIONS FROM URBAN RENEWAL REVIEW COMMITTEE Planning
Director Ian Munce, briefly reviewed the recommendations proposed by the Urban
Renewal Review Committee and, after a brief discussion, Council agreed they
should discuss the recommendations with the Committee at a study session. Mr.
Olander then suggested that, to save time, Mr. Brodie's proposal perhaps should
be referred to the Committee to review prior to the Committee's meeting with
the Council.
RESOLTUION ADOPTING 1982 WASHINGTON PARK FEES Parks Director, Steve Colby,
advised the proposed fee schedule for 1982 had been approved by the Park &
Recreation Advisory Commission. The only increase is to the fee for the
group picnic area from $5.00 to $10.00 and the Group 2 of the Youth Group Camp
area changed from $15. to $20. He recommended the Council approve the proposed Schedule. Attorney Mansfield read, by title, a resolution amending
the fee schedule for the use of Washington Park. Motion by Mr. Moore,
seconded by Mr. Kiel, that the resolution be adopted and given RESOLUTION
NO. 686. Vote: All in favor, motion carried.
RESOLUTION ADOPTING 1982 CEMETERY FEES Mr. Colby said he had been instructed
by Council to draw the 1982 fee schedule the same as the 1981 schedule. He
pointed out, however, that since that time, the state raised the sales tax
from 5% to 6% which would affect the cost of cemetery expenses. Mr. Mansfield
read, by title, the resolution amending the fee schedule for supplies and
services rendered in connection with interments in Grandview Cemetery. Motion
by Mr. Separovich, seconded by Mr. Moore, that this resolution be adopted and
given RESOLUTION NO. 687. Under the Question, Mr. Cleland suggested that
I
December 21, 1981 - - - - continued:
perhaps the additional cost to the City because of the additional liner cost
should be passed on to the customer and moved to amend the motion to raise
the cost of adult liners from $192.00 to $200.00. Seconded by Mr. Rock.
Vote on the amendment: All in favor. Amemdment carried. Vote on original
motion as amended - all in favor, motion carried.
I
AWARD OF BID ON CEMETERY GRAVE LINERS
Bids were requested from 4 firms for
grave liners. Only one bid was received from Skagit Vault at a cost of $82.50
per liner per truck load of 10 liners. Mr. Colby recommended acceptance of
this bid. Motion by Mr. Moore, seconded by Mr. Cleland that this bid be
accepted. Vote: All in favor, motion carried.
AWARD OF BID FOR FERTILIZER Mr. Colby advised that bids had been requested
(which specified certain qualifications for the best care and maintenance of
City-owned parks) for fertilizers and herbicides for 1982. Four bids were
received - two of which were complete and two only partial bids. Mr. Colby
recommended acceptance of the complete bid from Turfgo Northwest as follows:
Weed & Feed Fertilizer $464.50 per ton; shrub fertilizer at $345.25 per ton;
granule selective herbicide at $1.24 per lb; Granule Non-selective herbicide
at $1.70 per lb.; and Liquid Non-selective herbicide at $67.50 per gallon.
Purchase of these items will be from the approved 1982 budget. ·Motion by Mr.
Separovich, seconded by Mr. Rock, that the staff recommendation be approved
and the items purchased as listed. Vote: All in favor, motion carried.
RESOLUTION SETTING DATE FOR PUBLIC HEARING Mr. Mansfield advised Council that
the City had received a petition for vacation of an alley. In accordance with
law, public hearing should be held at Council level. .He proposed the date of
January 18, 1982 and read a resolution, by title, setting that date. Motion
by Mr. Rock, seconded by Mr. Separovich that the resolution be adopted and
given RESOLUTION NO. 688. Vote: All in favor, motion carried.
The item listed on the agenda as an executive session to discuss litigation
and property was set forward to the study session of December 28, 1981.
I
I
RECONSIDERATION OF SALE OF CITY PROPERTY Manager Olander advised Council that
one of the Councilmen had requested reconsideration of the sale of the Cityowned lot adjacent to the General Telephone Company on 5th and "O" Avenue.
Councilman Separovich interjected stating he had made the request because he
had discussed the matter with adjacent property owners and they had advised him
they wished the City to sell the property to the telephone company rather than
have some other less desirous type of industry locate there.
Mr. Separovich
then moved that the Council accept the bid from General Telephone Company in
the amount of $17,500 for the property in question. Seconded by Mr. Kiel.
Under the question, there was some discussion of the amount of tax revenue
which might be derived from having the property under private ownership and
whether there had been any word from the purchaser about what they intended
to do with the lot; no definite word had been received. Vote: Ayes--Cleland,
Kiel, Separovich, Figenshow. No--Moore, Kribs. Rock-abstained. Motion carried.
ACCEPTANCE OF STREETS AND ACCEPTANCE OF COST OF STREET LIGHTING IN DIV. 6 SKYLINE
Public works Director Ford advised that all requirements had been resolved and
complied with so that the City could now accept as City property the streets,
roads and right-of-ways in Division 6 .of Skyline. Over the past few years,
certain standards had to be met and they have been taken care of by the Skyline
Beach Club, and that body is willing to execute a Quit Claim Deed in favor of the
City all roads and road right-of-ways, including all appurtenances thereto, in
Skyline Division 6. The City, in return, is to assume the monthly payment of
Street light service charges to Puget Sound Power and Light Company. Also, the
Skyline Beach Club is to pay the City the sum of $5,800.
Attorney Mansfield
read, by title, a resolution authorizing acceptance of roads and right-of-ways
described above. On behalf of the Skyline Beach Club, Mr. Parks confirmed that
the Beach Club had agreed to make payment, but that he, personally, felt the
sum was excessive. He also pointed out that residents in that area have been
paying City taxes for some 10 years and in addition, they have had to pay for
their street lighting while the rest of the City has received such lighting
for free. Councilman Moore commented that when the agreement was drawn, the
Beach Club accepted the terms thereof. Motion by Mr. Rock, seconded by Mr.
Separovich that the resolution be accepted and given RESOLUTION NO. 689.
dependent upon payment of the approximately $5,800 agreed to by the Beach Club.
Vote: All in favor, motion carried.
·
Mayor Figenshow declared a short executive session at 8:55 P.M. At 9:10 p.m.,
the meeting reconvened and Mr. Figenshow advised the Council had considered
several applicants to fill two positions open on the Planning Commission
formerly held by Ernest Baxter and Rick Latham. Mr. Baxter did not wish to
be re-appointed, but Mr. Latham said he would accept re-appointment. Mr.
Figenshow also noted there would be another position open in March. Motion
December 21, 1981 - - - - -continued:
by Mr. Moore, seconded by Mr. Separovich that Mr. Rick Latham be re-appointed
to the Planning Commission for the term beginning January 1, 1982 and ending
December 31, 1987. Vote: All in favor, motion carried.
Mrs. Kribs then moved that the position vacated by Mr. Baxter be filled with
Barbara Jackson for the term beginning January 1, 1982 and ending December 31,
1987. Seconded by Mr. Kiel. Vote: All in favor, motion carried.
Mr. Kiel then stated that since this was Mr. Rock's final meeting, on behalf of
the Council he wished to thank Mr. Rock for all his hard work; that Mr. Rock
had always been on time, had done his "homework" and had been a credit to the
council. Mr. Rock responded by saying he had enjoyed the past 4 years; that he
had received an invaluable education and hoped the public would continue to
take an interest in City government and endeavor to learn what is going on
and what the responsibilities of the Council are.. Everyone generally wished
everyone a Merry Christmas and the meeting adjourne
9:15 p.m.
I
January 4, 1982
~
Meeting called to order at 7:30 p.m. by Mayor Knute Figensow. Invocation was
offered by Reverend V. J. Bachman of the United Presbyterian Church. City
Attorney, Stephen Mansfield, then gave the Oath of Office to the newly elected
councilmen: Tom Cleland, Bill Coleman, Charles Kiel and Ray Separovich.
Roll Call found present: Bill Coleman, Karolyne Kribs. Ray Separovich, Knute
Figenshow, Tom Cleland, Charles Kiel. Ken Moore entered shortly thereafter.
ELECTION OF MAYOR AND MAYOR PRO TEM
Inasmuch as the new Mayor-Council form
of government will not become effective until after the elections in February
and March, Mr. Kiel nominated Knute Figenshow as mayor until that time;
seconded by Mr. Coleman. Vote: All in favor except Mr. Figenshow who
abstained. Motion carried.
Mr. Kiel then nominated Ray Separovich Mayor Pro Tern until the change of
government. Seconded and approved ananimously except for Mr. Separovich
who abstained.
I
MINUTES OF PREVIOUS MEETING Motion by Mr. Kiel that the minutes of the previous
meeting held on December 21, 1981 be approved as if read. Seconded by Mr.
Cleland and a~proved unanimously.
CORRESPONDENCE Manager Robert Olander read a letter from Mr. Bill Ellin in
which he resigned from the Planning Commission ef fective January 31, 1982.
Persons interested in possibly filling this position are asked to contact the
Manager, Council members or Planning Commission members. Mayor Figenshow
commented that Mr. Ellin had been an outstanding member and Chairman of the
Planning Commission during his 8 years of service.
CITIZEN HEARINGS There was no response from the audience to Mayor Figenshow's
invitation to speak on any item not on the agenda.
OLD BUSINESS RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO DEFER WATERLINE
INSTALLATION Attorney Mansfield read, by title, a resolution authorizing
execution of an agreement with Terry and Mona Myers in which the Council
granted an exception to its policy of requiring extension of water lines all
the way past property being developed for a period of 5 years, or sooner if
other property in the area was developed. The circumstances of this matter
were briefly reviewed by Mr. Mansfield and Mrs. Kribs moved that the resolution
be adopted and given RESOLUTION NO. 690. Seconded by Mr. Separovich. Under
the question, Mr. Cleland asked that the reasons for granting this variance
be entered into the record.
Mr. Moore said he did not think it was necessary,
that it had been thoroughly discussed previously; Mr. Figenshow's opinion was
that the Council should not grant such exceptions stating the City was not in
the "banking business". Mrs. Kribs disagreed saying the City also was not in
the "bankrupting business". In reply to a question about the granting of the
exception being legal, Attorney Mansfield said it was because the policy was
not an ordinance and being just a policy, the Council could vary its concepts.
Mr. Separovich said he felt this was a special situation which probably
would never happen again the same way. Mr. Kiel suggested the following
factors. be entered into the minutes as being the circumstances considered
I