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HomeMy WebLinkAbout2015-12-07 City Council Minutes Approved City Council Minutes—December 7, 2015 Mayor Laurie Gere called to order the regular Anacortes City Council meeting of December 7, 2015 at 6:00 p.m. Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Liz Lovelett and John Archibald were present. Councilmember Matt Miller joined the meeting during the Citizen Hearings portion of the agenda. The assembly joined in the Pledge of Allegiance. Citizen Hearings Jim Roe, 4004 Laura Jo Place, representing San Juan Rehabilitation and Fidalgo Rehab, sought Council's support regarding a Medicare wage index issue. Mr. Roe explained that Skagit Valley Hospital has acquired clinics that had caused its average hourly wage to plummet which had adversely affected the rates paid to the skilled nursing homes in Anacortes and elsewhere in the county. He said this had affected COLAs for staff and could eventually close some facilities in the county. Mr. Roe noted that Skagit County has the lowest Medicare rates in Washington. He said the Center for Medicare/Medicaid Services was not willing to adjust the rates so he was attempting to raise grassroots support. He asked Council to consider adopting a resolution asking for fairness in the Medicare wage index and said he would provide a press release and additional information to the mayor's office. Wilhelmus Houppermans, 3412 K Avenue, recalled the national wage stagnation 3-4 years prior and said he was shocked that a single business could claim that data from four years ago did not suit its purposes. Mayor/Council Communication and Committee Reports Ten Year Pride in Service Award to Erica Pickett: Mayor Gere recognized Erica Pickett for ten years of service on the City Council and praised her twenty years of prior service on the Planning Commission. Reappointments to the Anacortes Museum Advisory Board: Mayor Gere requested confirmation of her reappointments of Gib Moore, Kay Reinhardt, Tom Kuhn and Jim Taylor to the Museum Advisory Board for four-year terms expiring December 31, 2019. Ms. Pickett moved, seconded by Ms. Lovelett, to approve the appointments. Vote: Ayes—Walters, Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Motion carried. Ms. Lovelett reported from the Public Works Committee which met earlier in the evening and discussed 10% design of South Commercial Avenue, the 3MG tank rehabilitation, potential amendments to the trash collection code, and upcoming comprehensive plan amendment docketing regarding water. Mr. Walters added that the committee had also discussed ongoing meetings with Wave Cable regarding the fiber optic network project and the Cartegraph asset management software contract. Mr. Johnson added that the Public Works and Finance committees would be addressing a funding plan for the 3MG tank which would include partial funding from the Drinking Water Trust Fund loan and likely an interfund loan. Mr. Walters promoted the Chamber of Commerce Keep the Cheer Here campaign to encourage shopping locally during the holidays. Mr. Walters reported positive comments about the Anacortes Police Department on the You Know You're from Anacortes When Facebook page. Consent Agenda Mr. Walters removed Item 5j, Amendment No. 3 to Ambulance Service Interlocal Agreement with Skagit County, from the Consent Agenda. Ms. Lovelett moved, seconded by Mr. Johnson, to approve the following Consent Agenda items. Vote: Ayes— Pickett, Adams, Lovelett, Archibald, Miller, Johnson and Walters. Motion carried. a. Minutes of November 16, 2015 and November 23, 2015 b. Approval of Claims in the amount of: $723,651.42 Anacortes City Council Minutes December 7, 2015 1 c. Resolution 1937: Setting Public Hearing on January 4, 2016 regarding Transportation Benefit District d. Contract Award: Skagit Conservation District- NPDES Phase II e. Contract Award: Gasoline & Diesel Fuel (Reisner Distributor, Inc.) f. Contract Award: 10% Design South Commercial Corridor(Alta Planning + Design) g. Accept as Complete: 2015 Asphalt Overlay Project (Lakeside Industries) h. Accept as Complete: 2015 Sanitary Sewer Project (Strandberg Excavation) Findings of Fact, Conclusions of Law and Decision: E Street Encroachment Permit Appeal The following vouchers/checks were approved for payment: Voucher(check) numbers: 78340 through 78547, total $594,810.86 Payroll for November 20, 2015 in the total amount of$ $802,557.46 Check Numbers 40966 through 40985 in the total amount of$17,421.89 Direct Deposit Numbers from 61308 through 61515 in the total amount of$523,184.21 EFT Numbers from 1885 through 1890 in the total amount of$261,951.36 Payroll for December 4, 2015 in the total amount of$ $807,436.11 Check Numbers 40986 through 41012 in the total amount of$27,874.66 Direct Deposit Numbers from 61516 through 61711 in the total amount of$510,187.74 EFT Numbers from 1891 through 1896 in the total amount of$269,373.71 j. Amendment No. 3 to Ambulance Service Interlocal Agreement with Skagit County Mr. Walters disclosed that as a fixed salary employee of Skagit County, one of the contracting parties, under RCW 42.23.040 he had a remote interest in the agreement and for the city to enter into the agreement his vote could not be counted. Ms. Lovelett moved, seconded by Mr. Adams, to approve Amendment No. 3 to the Ambulance Service Interlocal Agreement with Skagit County. Vote: Ayes— Adams, Lovelett, Archibald, Miller, Johnson and Pickett. Abstain: Walters. Motion carried. UNFINISHED BUSINESS Ordinance 2964: Update AMC regarding Marijuana Assistant City Attorney Darcy Swetnam provided a status update on medical marijuana and presented draft Ordinance 2964 which would update the Anacortes Municipal Code in response to new state legislation and establish a moratorium on medical marijuana cooperatives. She reminded that the city's current moratorium on new medical marijuana collectives would expire on December 16, 2015 and advised that the collectives would cease to be legal in Washington State on July 1, 2016. Ms. Swetnam summarized current municipal code and zoning regulations regarding marijuana and the effects of Senate Bill 5052 and House Bill 2136. She summarized changes necessary to the AMC to respond to state legislation regarding collective gardens and medical endorsements for licensed marijuana retailers. She then discussed a number of other changes Council might wish to consider regarding zoning, separation distances and newly created marijuana cooperatives. Ms. Swetnam recommended adopting the draft ordinance to eliminate reference to collective gardens in the AMC and establish a moratorium on marijuana cooperatives pending further public input and consideration by Council. She said staff suggested holding a public meeting in January to develop a work plan, then gathering information and considering policy with stakeholders, then bringing recommendations back to Council. Ms. Swetnam reviewed each section of the proposed ordinance. Planning Director Don Measamer clarified that the existing collective garden could continue to operate under the city's nonconforming use code (AMC 17.60) until July 1, 2016. Mayor Gere invited members of the public to comment on the proposed ordinance. Anacortes City Council Minutes December 7, 2015 2 James Stevens, 4028 Sharpe Road, observed that medical marijuana has been quite an issue for the city and society in general. He described the wide range of patients who were being helped by medical marijuana. Mr. Stevens advised that the Anacortes collective garden would receive a retail marijuana license from the state and would have the opportunity for two more licenses to increase access for patients. He reported that the collective garden was recently added to Island Hospital's oncology treatment resource list. Mr. Johnson moved, seconded by Ms. Pickett, to approve Ordinance 2964 amending Anacortes Municipal Code Chapter 5.50 and Sections 17.06.176, 17.06.498, 17.16.020, 17.19.020, 17.64.050, 17.76.070 regarding marijuana collective gardens and marijuana licenses and establishing a moratorium on medical marijuana cooperatives. Vote: Ayes—Lovelett, Archibald, Miller, Johnson, Walters, Pickett and Adams. Motion carried. Ordinance 2963: Adopting 2016 Budget and Budget Policies Finance Director Steve Hoglund presented Ordinance 2963 adopting the 2016 budget. Ms. Pickett inquired about dedicating more resources to the Information Technology department. Mayor Gere advised that she would come back to Council with a recommendation following completion of the budgeted security audit. Mr. Johnson moved, seconded by Ms. Pickett, to adopt Ordinance 2963 adopting the budget for all municipal purposes and uses for the year 2016 and the budget policies. At Ms. Lovelett's request, Mr. Hoglund summarized the$2.2M net increase in the proposed budget since its initial presentation on October 5, 2015, primarily due to increased capital expenditures in the utility funds. Vote: Ayes— Archibald, Miller, Johnson, Walters, Pickett, Adams and Lovelett. Motion carried. NEW BUSINESS Ordinance 2965: Side Sewer Ordinance Public Works Director Fred Buckenmeyer presented an ordinance that would add language to the Anacortes Municipal Code to define responsibility for private sanitary side sewers. Mr. Buckenmeyer said that the change, recommended by the Washington Cities Insurance Authority(WCIA), had been reviewed by the City Attorney and the Public Works Committee and would formalize what was current practice for Anacortes and a many other local jurisdictions. Mr. Buckenmeyer and Ms. Swetnam responded to councilmember questions about paragraph C in the draft ordinance. Mr. Archibald moved, seconded by Mr. Johnson, to adopt Ordinance 2965 approving a revision to Anacortes Municipal Code Section 13. Mayor Gere invited members of the public to comment on the proposed ordinance. No one present wished to address the Council. Vote: Ayes—Miller, Johnson, Walters, Pickett, Adams, Lovelett and Archibald. Motion carried. Interlocal Agreement regarding GMA Support in Skagit County Mr. Measamer introduced Kevin Murphy, Executive Director of the Skagit Council of Governments (SCOG), to present an interlocal agreement for consideration. Mr. Murphy summarized the 2002 Framework Agreement ratified by Skagit County, Anacortes, Burlington, Mount Vernon, Sedro-Woolley and the Towns of Hamilton and La Conner to establish the Growth Management Act Steering Committee. Mr. Murphy advised that earlier in the year the GMA Steering Committee had requested that SCOG provide administrative staffing for the committee's 2015 Work Program. He said the SCOG Board had agreed to provide those services pursuant to the proposed interlocal which would provide for member agency cost sharing based on OFM population estimates. He emphasized that the agreement does not move any GMA authority to SCOG. He estimated that the 2016 cost share for Anacortes would be approximately$3,500. Anacortes City Council Minutes December 7, 2015 3 Mr. Johnson moved, seconded by Mr. Adams, to authorize the mayor to execute the proposed interlocal agreement regarding staffing services for Growth Management Act support in Skagit County. Mr. Walters disclosed that as a fixed salary employee of Skagit County, one of the contracting parties, under RCW 42.23.040 he had a remote interest in the agreement and for the city to enter into the agreement his vote could not be counted. Mayor Gere invited members of the public to comment on the proposed ordinance. No one present wished to address the Council. Vote: Ayes—Johnson, Pickett, Adams, Lovelett, Archibald and Miller. Abstain: Walters. Motion carried. There being no further business, at approximately 7:12 p.m. the Anacortes City Council meeting of December 7, 2015 was adjourned. Anacortes City Council Minutes December 7, 2015 4