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HomeMy WebLinkAbout2016-02-16 City Council Minutes Approved City Council Minutes—February 16, 2016 Special Meeting At 4:00 p.m. Mayor Laurie Gere called to order the advertised special meeting of the Anacortes City Council for the purpose of conducting a site visit regarding the Anacortes High School Replacement&Renovation Conditional Use Permit(CUP-2015-0006).Council convened outside the Anacortes High School Gymnasium, 1600 20th Street.Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Liz Lovelett and Matt Miller were present. Kevin Oremus, principal of project architect Hutteball&Oremus,conducted councilmembers and members of the public on a tour of the high school grounds pointing out features of the proposed project as depicted on the site plan in the record. No testimony was received and no action was taken.At approximately 4:28 p.m.the special meeting adjourned. Regular Meeting Mayor Laurie Gere called to order the regular Anacortes City Council meeting of February 16,2016 at 6:00 p.m. Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Liz Lovelett,John Archibald and Matt Miller were present.The assembly joined in the Pledge of Allegiance. Citizen Hearings No one present wished to address the Council. Mayor/Council Communication and Committee Reports Proclamation of 2016 The Year of Energy Efficiency:Town Crier Richard Riddell cried a statement from Mayor Gere proclaiming 2016 The Year of Energy Efficiency in Anacortes and accepting Bellingham's challenge to finish in a higher rank in the Georgetown University Energy Prize competition. 2015 Georgetown University Energy Prize Recap: Resource Conservation Manager Russ Pittis shared a slide presentation summarizing the city's initiatives to date towards winning the Georgetown University Energy Prize. He described the many components of the Anacortes Community Energy project which encourages resource conservation, energy efficiency and renewable energy among residents, businesses, and utilities in the city. Mr. Pittis announced that Anacortes had just moved into 10th place in the nationwide competition. He thanked Puget Sound Energy and Cascade Natural Gas for their support of the city's efforts. Reappointment to Library Board of Trustees: David Duck: Mayor Gere requested Council confirmation of her reappointment of David Duck to the Library Board of Trustees for a 5-year term ending December 2020. Ms. Lovelett moved, seconded by Mr. Johnson, to reappoint David Duck to the Library Board of Trustees. Vote: Ayes—Walters, Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Motion carried. Mr. Johnson reported from the Affordable Housing and Community Services Committee which met February 5. He said the committee would focus on housing issues including affordable housing, elder housing and housing the homeless and on community service topics including a teen center, a community center, and the Community Development Block Grant. He invited any interested members of the public to attend the committee's meetings on the first Thursday of each month at 1:30 p.m. at City Hall. Mr. Miller reported from the Traffic Safety Committee which met earlier in the day and discussed the possibility of establishing a single speed limit of 30 mph for the length of Oakes Avenue. Mr. Adams reported from the Planning Committee which met twice the prior week to continue its work on the KT retail analysis which would come back to Council at the next regular meeting. Ms. Lovelett reported from the most recent Marine Resources Committee meeting and advised that she had encouraged some of the water quality experts on that committee contact the city regarding its Low Impact Development standards. Anacortes City Council Minutes February 16, 2016 1 Mr. Walters reported from the Finance Committee which met the prior week. He advised that the Finance Department had recommended weekly check runs which would require action on at least a Consent Agenda at each meeting. He said the committee would continue to investigate that. Mr.Walters reported that he had spoken with WSDOT regarding problems with pooling water on SR20 and also heaving on Commercial Avenue near Subway. Mr. Johnson reported said west end residents had asked him about pot holes on Oakes Avenue and said staff indicated that roadway might be resurfaced in 2017. Consent Agenda Mr.Adams removed Item F, Contract Award: 2016 Slurry Seal Project,from the Consent Agenda. Ms. Lovelett moved, seconded by Ms. Pickett, to approve the following Consent Agenda items.Vote: Ayes —Pickett,Adams, Lovelett,Archibald, Miller, Johnson and Walters. Motion carried. a. Minutes of February 1, 2016 and February 8, 2016 b. Approval of Claims in the amount of: $658,615.09 c. Accept as Complete: City Council Chambers Video,Audio&Construction Enhancements (14- 054-IDS-001, Horizon Audio) d. Accept as Complete: Exhaust Fan Installation at Operations Shop(15-081-IDS-001, Blythe Plumbing&Heating) e. Contract Award:2016 Commercial Avenue Sanitary Sewer Improvements g. Resolution 1945: Fixing Date and Time when a Petition for Vacation May be Heard and Determined by City Council at a Public Hearing (PUD-2015-0002) The following vouchers/checks were approved for payment: Voucher(check)numbers: 79359 through 79526,total$645,741.22 Payroll for February 5, 2016 in the total amount of$843,078.46 Check Numbers 41106 through 41144 in the total amount of$29,984.92 Direct Deposit Numbers from 62333 through 62535 in the total amount of$538,211.82 EFT Numbers from 1917 through 1922 in the total amount of$274,881.72 f. Contract Award: 2016 Slurry Seal Project Mr. Adams asked staff to elaborate on this$355,355 contract that was part of the $1.1 M allocated to street improvements. City Engineer Eric Shjarback advised that the unspent portion of the $1.1 M allocated in 2015 had been reallocated to 2016. He said 2016 street improvement projects would include pavement overlay on D Avenue from 17th Street to 37th Street and on 32nd Street between D and M Avenues including storm and sanitary sewer improvements and ADA ramps. Mr. Shjarback summarized the subject slurry seal project in Skyline, referencing the presentation on this topic by Public Works Director Fred Buckenmeyer at the February 1, 2016 City Council meeting. He advised that the two bids received for the work were only$900 apart and both were under the engineer's estimate. Mr. Adams moved, seconded by Mr. Johnson, to approve the contract with Intermountain Slurry Seal, Inc. Vote: Ayes —Adams, Lovelett, Archibald, Miller, Johnson, Walters and Pickett. Motion carried. NEW BUSINESS Contract Award:Wastewater Treatment Plant Sewage Sludge Incinerator Emissions Control Scrubber(15-032-SEW-002) Assistant Public Works Director Matt Reynolds explained that new EPA regulations on emissions require retrofitting the sewage sludge incinerator scrubber system at the city's Wastewater Treatment Plant. Mr. Anacortes City Council Minutes February 16, 2016 2 Reynolds reminded that the city had previously contracted with CH2M Hill to design the retrofit. He advised that the Engineer's Estimate for construction was $900K and that four bids for the work were opened on January 26, 2016 with the low bid from McClure & Sons, Inc. in the amount of$829,787.38. Mr. Reynolds recommended awarding the contract to McClure. Mr. Johnson moved, seconded by Mr. Archibald, to provide consent to award a contract to McClure & Sons, Inc. in the amount of$829,787.38 to retrofit the existing sewage sludge incinerator scrubber system at the WWTP. Vote: Ayes— Lovelett, Archibald, Miller, Johnson, Walters, Pickett and Adams. Motion carried. Closed Record Public Hearing: Anacortes High School Replacement& Renovation, CUP-2015-0006 At 6:35 p.m. Mayor Gere opened the closed record public hearing on the appeals of Planning Commission recommendation of the approval of the Anacortes High School Replacement and Renovation Conditional Use Permit CUP-2015-0006.The mayor advised that this was a quasi-judicial hearing before the Council which was acting as an appellant body reviewing the recommendation of the Planning Commission. City Attorney Darcy Swetnam explained the hearing procedure and the standard to be used in evaluating the appeal. Ms. Swetnam observed that the appellant was not present at the hearing and confirmed that notice of the hearing time had been published. Ms. Swetnam said that the City had not received a request for continuance on the appeal. Mr. Walters suggested deciding the appeal on its merits as presented in the appellant's brief. Ms. Swetnam concurred and advised that Council would first decide on the appeal,then if the appeal were to be denied, would consider the Conditional Use Permit. Mayor Gere asked each councilmember to address any appearance of fairness conflicts by disclosing if they 1) had any interest in the property or application or owned property within 300 feet of the property subject to the application, 2)stood to gain or lose financial benefit as a result of the outcome of the hearing, 3)could hear and consider the application in a fair and objective manner, and 4) had engaged in any ex parte communication with either proponents or opponents of the application and if so, the substance of such communication. Mr. Walters confirmed with Ms. Swetnam that ex parte communication was only relevant if it had occurred after the subject application was submitted. Mr. Johnson said he owned some school bonds,was a member of the Veterans' Memorial Plaza Committee,and had had no ex parte communications. Mr. Walters replied to the four questions no, no, yes, and that he had received and read a letter from Don Couglin which he provided to Planning Director Don Measamer. Ms. Pickett disclosed that she held school bonds and had attended several planning meetings at the high school and had spoken at length with the appellant Al Johnson earlier in the evening. She advised she had cut short conversations with any other community members about this matter. Mayor Gere replied to the four questions no, no, yes, no. She advised that she had been part of the original school project committee but excused herself before the project went before the School Board. She advised that in her social interactions with Project Manager Marc Estvold they had never discussed this project. Mr. Adams said he had no concerns with any of the questions. Ms. Lovelett said she had no financial interest, she could be unbiased, and that she had had limited ex parte communication with Superintendent Mark Wenzel regarding the school bond generally. She added that she had served on the District's initial facilities committee prior to the bond proposal. Mr. Archibald replied to the four questions no, no, yes, and that he had received some letters but he had not opened them. Mr. Miller disclosed that he was a member of the District's School Construction Financial Advisory Committee so on the advice of the City Attorney he recused himself from deliberation and voting on both the appeal and the Conditional Use Permit. Mr. Miller left the Council chambers for the remainder of the meeting. Mayor Gere asked if any member of the public wished to challenge any councilmember's participation in the quasi-judicial matter. No one present raised any objections. Associate Planner Kevin Cricchio then reviewed a slide presentation summarizing the School District's application for a Conditional Use Permit and SEPA environmental review and a variance to exceed the maximum height requirement permitted in the underlying zone. Mr. Cricchio's presentation was made part of the evening's Council packet. It addressed surrounding zoning and land uses, chronology of the application, noticing, SEPA environmental review,critical areas review,traffic impact and parking analysis, public comments received,agency and department comments,the Planning Commission open record public hearing on the application and subsequent unanimous vote to recommend approval to the City Council,the appeal of the Planning Commission recommendation, and the staff recommendation that Council deny the appeal and approve the subject applications subject to the staff suggested conditions of approval. Anacortes City Council Minutes February 16, 2016 3 Engineering Technician Steve Lange presented the Public Works Department staff review of the project and recommendations to address sidewalks, intersections, pedestrian facilities,street lighting,traffic circulation and site access. Mr. Lange's slide presentation was also included in the evening's Council packet. Planning Director Don Measamer observed that the appellant was not present. He next invited the applicant to respond to the appeal. School District Superintendent Dr. Mark Wenzel responded to the appeal referencing his written response to the appeal dated February 10,2016,which was included as Exhibit 20 in the record. Dr. Wenzel requested that Council deny the appeal. Mayor Gere asked if any parties of record wished to comment on the appeal. No one present wished to speak. At approximately 7:12 p.m. Mayor Gere closed the closed record public hearing on the appeal and invited councilmembers to deliberate and take action on the appeal. Councilmembers questioned staff and the applicant regarding the extent of truck traffic during construction, the noticing for the project, the potential for additional events at the new athletic field, total on site parking, geotechnical investigations of the hillside surrounding the athletic field, access for people with disabilities, and analysis of other potential sites. Mr. Walters moved, seconded by Mr. Archibald, that City Council find the appeal without merit, deny it and direct staff to prepare Findings of Fact and Conclusions of Law in accordance with that decision to be presented to Council for final approval at a future meeting. Vote:Ayes—Archibald,Johnson, Walters, Pickett, Adams and Lovelett. Motion carried. At approximately 7:26 p.m. Mayor Gere called a two-minute break. At 7:28 p.m. the mayor called the meeting back to order. Mayor Gere opened the closed record public hearing on the Anacortes School District's application for a Conditional Use Permit and SEPA environmental review and variance to exceed the maximum height requirement permitted in the underlying zone for the Anacortes High School Replacement and Renovation. School District Superintendent Dr. Mark Wenzel extolled the public involvement in developing the project vision. He introduced Project Manager Mark Estvold to summarize project studies and Project Architect Kevin Oremus to present the project design. Mr. Estvold, 3202 Oakes Avenue, summarized the expert studies that guided the site selection including a wetland survey, a soils investigation, a traffic study, and additional studies for SEPA including a hazardous materials review of the existing building, a cultural resources review, and a Phase I Environmental Review. Kevin Oremus, project architect from Hutteball & Oremus, described the project objectives to improve the educational environment for AHS students, improve safety and security, incorporate public open spaces, accommodate connectivity, implement LID, and create a unique facility that responds to Fidalgo Island residents. Referencing a slide of the site plan, Mr. Oremus described the new building on War Memorial football field which would be built while students were still located in the old building, the new plaza that would run north/south between the two buildings, enlargement of the south parking lot, reconfiguration of bus loading, relocation of Cap Sante High School, location of administrative offices overlooking the main entrance, and the configuration of the athletic facilities on the west side of the site including the field, the plaza, parking concessions, restrooms and grandstand. Mr. Oremus responded to Ms. Lovelett's question about incorporation of green building standards, Ms. Pickett's question about the potential to install solar panels on the roofs, Mr. Walters' question about the location of wetland mitigation, and Mr. Johnson's question about building security. Councilmembers discussed at some length the gating between the bus loading zone and the athletic complex. Ms. Pickett argued that a condition should be added to require two staff on site to have keys to open that gate during events. Mr. Archibald and Mr. Johnson agreed with the applicant that the gate operation could be addressed through district policies and procedures. Mr. Walters requested a condition to ensure that the Anacortes City Council Minutes February 16, 2016 4 northern emergency access lanes to the lower parking lot were used for emergency access only. Mr. Measamer said that entrance was listed as a fire access only. Mr. Walters asked about the number of bike rack slots and suggested more. Ms. Lovelett inquired about space for a school garden. Mr. Walters proposed a condition to require all exterior lighting to be LED and Dark Sky compliant. Ms. Lovelett asked about the potential for additional rain gardens. Mayor Gere invited any parties of record to speak. No one present wished to address the Council. Mr. Adams asked if there had been any citizen or project team concerns expressed about the height variance requested. He asked if the new building blocked any residential views. Mr. Measamer said no concerns had been raised and observed that the highest point of the new building would be lower than the existing building roof. Mr. Walters asked how the height variance request met the five criteria. Mr. Measamer observed that the applicant had chosen to enclose the mechanical equipment for both aesthetic and energy efficiency reasons, taking the building above 35', but that they could elect to leave that equipment exposed in which case it could by code extend above a 35' roof. Mr. Walters suggested that the variance could be supported by AMC 17.10.100.B(2)(D) limiting modifications to standards "to those which will mitigate impacts in a manner equal to or greater than the standards of this title or will not be detrimental to the surrounding neighborhood." Ms. Lovelett moved, seconded by Mr. Archibald, to approve the Conditional Use Permit for the Anacortes High School Replacement and Renovation and grant the height variance, including the Planning Commission's 18 recommended conditions. Mr.Walters moved, seconded by Ms. Pickett,to amend the motion to add a condition requiring all exterior lighting to be energy efficient and Dark Sky compliant. Vote: Ayes—Johnson, Walters, Pickett,Adams, Lovelett and Archibald. Motion carried. Ms. Pickett reiterated the importance of ensuring that gates can be unlocked during athletic events. Dr. Wenzel assured that staff on site would have a key. Mr. Walters asked if there was a condition requiring monitoring of stormwater discharge into the wetland. Mr. Measamer enumerated the conditions addressing stormwater and the wetland. Vote on original motion as amended to add Condition 19:Ayes—Johnson,Walters, Pickett,Adams, Lovelett, and Archibald. Motion carried. There being no further business, at approximately 8:30 p.m. the Anacortes City Council meeting of February 16, 2016 was adjourned. Anacortes City Council Minutes February 16, 2016 5