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HomeMy WebLinkAbout2015-09-21 City Council Minutes Approved City Council Minutes—September 21, 2015 Mayor Laurie Gere called to order the regular Anacortes City Council meeting of September 21, 2015 at 6:00 p.m. Councilmembers Ryan Walters, Erica Pickett, Brad Adams, Liz Lovelett, John Archibald and Matt Miller were present. Councilmember Eric Johnson was absent. Mr. Walters moved, seconded by Mr. Adams, to excuse the absence of Councilmember Eric Johnson. The motion carried by voice vote. The assembly joined in the Pledge of Allegiance. Citizen Hearings No one present wished to address the Council. Mayor/Council Communication and Committee Reports Appointment of Christine Cleland-McGrath to Planning Commission: Mayor Gere requested Council approval of her appointment of Christine Cleland-McGrath to the Planning Commission for a term expiring December 2017. Mr. Walters moved, seconded by Ms. Lovelett, to approve to appointment of Christine Cleland-McGrath to the Planning Commission. Vote: Ayes—Walters, Pickett, Adams, Lovelett, Archibald and Miller. Motion carried. Ms. Cleland-McGrath thanked Mayor Gere and Council for the opportunity to serve the city in this capacity. Ms. Pickett reported from the Centennial Celebration at Washington Park the previous Saturday including tours of the new trail to the Havekost monument. Ms. Pickett thanked Museum and Parks staff for arranging the celebration. Ms. Lovelett reported from the Parks and Recreation Committee which met the prior week and discussed a three month pilot program for food trucks at the Depot. Mr. Archibald reported that Planning Committee meetings had been changed to 2nd and 4th Mondays of each month at 5:00 p.m. at City Hall in the main floor conference room. Mr. Walters reported that Public Works Committee meetings had been changed to 1st Mondays of each month at 5:00 p.m. at City Hall in the main floor conference room. He also reported that Finance Committee meetings had been changed to 2nd and 4th Thursdays of each month at 5:00 p.m. at Johnny Picasso's at 501 Commercial Avenue. Consent Agenda Ms. Lovelett moved, seconded by Mr. Miller, to approve the following Consent Agenda items. Vote: Ayes —Pickett, Adams, Lovelett, Archibald, Miller and Walters. Motion carried. a. Approval of Claims b. Accept as Complete: Anacortes Covered Bicycle Parking Project(13-030-TRN-005) The following vouchers/checks were approved for payment: Voucher(check) numbers: 77587 through 77737, total $596,106.87 Payroll for September 18, 2015 in the total amount of$808,620.19: Check Numbers 40827 through 40852 in the total amount of$20,882.42 Direct Deposit Numbers from 60483 through 60695 in the total amount of$523,875.19 EFT Numbers from 1859 through 1864 in the total amount of$263,862.58 Anacortes City Council Minutes September 21, 2015 1 UNFINISHED BUSINESS Ordinance 2955: Amending AMC Title 6, Animals Assistant City Attorney Darcy Swetnam presented revised draft Ordinance 2955 incorporating feedback from Council and the public. She summarized the revisions made since the draft was last presented at the August 10, 2015 study session; her presentation was added to the Council packet for the evening. Ms. Swetnam summarized suggestions that had been raised by the public including eliminating limits on numbers of pets, regulating cats through licensing and restricting roaming, restricting tethering of dogs, restricting retractable leashes and recognizing charitable organizations that help animals. She presented policies of neighboring cities on some of these topics. Ms. Swetnam advised that some members of the public had requested postponement of action on the draft ordinance to allow for additional public comment and Council consideration. However, she said staff opposed postponement, noting that the Animal Control Officer cannot currently write tickets for violations and that the code revisions had been open for public comment since before the August 10 study session. Police Chief Bonnie Bowers and Animal Control Officer Zabrina Nybo offered to answer questions. Chief Bowers observed that the proposed the changes were designed as best practices to protect animal welfare. Officer Nybo reported that because the current code is unclear, defining violations as both infractions and criminal offenses, the judge throws out citations written under the current code. Mayor Gere invited members of the public to comment on the proposed ordinance and asked speakers to limit their comments to approximately three minutes to allow everyone a chance to speak. Bob Hall, 2617 16th Street, asked Council to adopt animal code that protects animal welfare for all animals. He said the code as drafted does not adequately protect cats, does not require cats to stay on an owner's property, does not require that cats be licensed or wear ID, and does not require owners to clean up feline fecal matter, all of which are required for dogs, nor to protect cats from predators as is required for hens. Mr. Hall described the dangers facing outdoor cats at large. He urged a leash law for cats. Martha Hall, 2617 16th Street, seconded Mr. Hall's comments. Ms. Hall explained how the code as drafted does not protect birds and small wild animals from predation by cats. She argued that the value of wildlife habitat is diminished by free roaming cats which kill uncountable birds, small mammals and even amphibians. She described citizen efforts to establish backyard wildlife habitat in Anacortes and said that free roaming cats are defeating those efforts. At approximately 6:36 p.m. Councilmember Eric Johnson joined the meeting. Pam Nixon, 2609 16th Street, asked that the code protect dogs from being chained out in the elements. She reported that 19 states have addressed tethering of dogs and warned that tethered dogs can become more aggressive. She provided references for more information. Ms. Nixon urged Council not to make any immediate decisions and give more consideration to tethering in the code. Marie Padovan, 2305 G Avenue, former animal control officer, described her longstanding concern for animal welfare. She argued that people can take good care of dogs even if they have more than three. Noting that she has a hobby kennel license for her six dogs, Ms. Padovan asked if she would have to get rid of three of her dogs if the ordinance were adopted as drafted. She urged Council to consider wisely before taking action. Kristi Hein, 3100 B Avenue, read her earlier email to Mayor and Council and provided a copy to be added to the Council packet for the evening. Ms. Hein urged Anacortes to join the vanguard of cities that are now requiring cats to be subject to the same codes that apply to other privately owned animals. She described how doing so will protect cats, protect wildlife, and reduce garden contamination and disease. Ms. Hein attached suggested edits to the draft ordinance. Anacortes City Council Minutes September 21, 2015 2 Lenore Robb, 2106 E Avenue, expressed concern about animal safety in cars when dogs are not restrained in moving vehicles. She advised that halters and cages can be used and warned that loose animals in cars can cause accidents. Diana Smith, 3009 K Avenue, agreed with the comments of Marie Padovan. Ms. Smith said dogs can be problem animals or can be well cared for regardless of how many are in a home. She urged enforcing against bad behavior, not on sheer numbers. Ms. Smith supported retaining the current limit of four dogs per household. She also wondered about rodent populations if all cats were kept indoors. Patricia Young, 2219 32nd Street, followed up on her email regarding protection of cats in the code. She urged Council to revise proposed Section 6.04.090 to strike "with the exception of domestic cats". Ms. Young observed that cats harm wildlife and are themselves subject to danger when free roaming. No one else present wished to address Council. Ms. Lovelett inquired how neighboring cities enforce restrictions on free roaming cats. Chief Bowers shared her conversations with the police chiefs of Oak Harbor and Mount Vernon on this subject. She observed that Anacortes has one half time Animal Control Officer and said realistically she cannot spare patrol officers to enforce any but the most egregious violations. Councilmembers discussed the proposed limitation on number of animals, requirements for hobby kennels, socialization of guard dogs, bird predation by cats, rabies vaccination of cats, determination of dangerous and potentially dangerous dogs and the appropriate location in the code for fees for same, and defining and prohibiting rodeos. Councilmembers discussed whether to continue discussion at a future meeting, possibly with additional public comment, or to take action at the present meeting. Chief Bowers advised that revisions to Title 6 had been discussed in the Council Public Safety Committee since March 2014 and that many public comments since that time had been addressed in the latest draft. She urged Council not to delay much longer. Mr. Johnson moved, seconded by Mr. Walters, to postpone action for two weeks to the next regular meeting pending language revisions and revisions to the limits on the number of animals. Councilmembers cautioned that staff needed to be given clear direction on the desired revisions. Mr. Johnson offered a friendly amendment to his original motion to postpone action for one week rather than two weeks. Councilmembers unanimously consented to the amendment. Ms. Pickett called for the question. Vote: Ayes—Johnson. Nays-Adams, Lovelett, Archibald, Miller, Walters and Pickett. Motion failed. Mr. Miller asked that the code conform to the RCW regarding rabies vaccination for cats, dogs and ferrets. Mayor Gere asked each councilmember his or her opinion on cruelty to animals, number of animals, hobby kennels, cat licensing, guard dog socialization, and prohibition of rodeos. Number of animals: Mr. Johnson did not feel it was appropriate for the government to tell citizens how many animals they can have. Mr. Walters, Ms. Lovelett, Mr. Archibald and Mr. Miller supported a limit of up to four dogs and up to six total cats and dogs. Ms. Pickett and Mr. Adams supported the proposed revised limit of three dogs. Hobby kennels: Mr. Johnson and Ms. Pickett supported the proposed code as drafted. Mr. Walters said the code needed revision to identify how hobby kennels fit into the statutory scheme, more than just a definition. Mr. Adams, Ms. Lovelett, Mr. Archibald and Mr. Miller agreed with Mr. Walters. Anacortes City Council Minutes September 21, 2015 3 Cat licensing and enforcement: Mr. Johnson, Mr. Walters, Ms. Pickett, Mr. Adams, Ms. Lovelett, Mr. Archibald and Mr. Miller supported instituting cat licensing but said enforcing cat containment was not feasible. Guard dogs: Mr. Johnson asked to revise 6.04.080 to add " ... and receive sufficient socialization with people on a regular and frequent basis to allow for safe handling and an acceptable quality of life." Mr. Walters, Mr. Adams, and Mr. Archibald agreed with Mr. Johnson's proposed change. Ms. Pickett and Ms. Lovelett were indifferent. Mr. Miller opposed the proposed change. Rodeos: Mr. Johnson and Mr. Adams agreed with Mr. Walters' proposed language prohibiting "any event where animals are ridden for the purpose of exhibition or competition." Ms. Lovelett was amenable as long as carnival pony rides were not prohibited. Mr. Archibald, Mr. Miller and Ms. Pickett opposed Mr. Walters' proposed language. Mayor Gere asked Ms. Swetnam to revise Ordinance 2955 accordingly and bring it back to Council for action the following Monday. Ms. Swetnam asked about grandfathering cats owned in 2015. Officer Nybo suggested residents could provide proof from their veterinarians to grandfather their cats. Ms. Lovelett and Mayor Gere suggested that cat licensing could be addressed at a future time. Ordinance 2960: Amending AMC Section 10.24.070(A), Truck Routes Ms. Swetnam presented draft Ordinance 2960 incorporating feedback from Council and the public. She summarized the revisions made since the draft was last presented at the August 10, 2015 study session; her presentation was added to the Council packet for the evening. Mayor Gere invited members of the public to comment on the proposed ordinance. Kathy Howe, 6129 Parkside Drive, spoke in favor of the proposed ordinance and described the impacts of having a large truck parked on the street outside her home. She urged Council to vote on the ordinance as scheduled. Dan Howe, 6129 Parkside Drive, echoed Ms. Howe's comments. Steve Chaney, 6127 Parkside Drive, agreed with the comments made by the two previous speakers. He observed that residential streets are not wide enough to accommodate large trucks. Wilhelmus Houppermans, 3412 K Avenue, supported the proposed ordinance and said semis don't belong in residential neighborhoods. He pointed out that semis often decouple from their trailer and leave the trailer on the street. He suggested the ordinance apply to detached trailers as well. Mr. Walters noted that the ordinance needed to include language identifying parking violations as a civil infraction so that citations could be issued and the $300 fine collected. He supported adding language to extend the parking restrictions to separated trailers as suggested by Mr. Houppermans. Ms. Lovelett moved, seconded by Mr. Johnson, to adopt Ordinance 2960 amending AMC Section 10.24.070(A) regarding exceptions to truck parking in residential areas with two changes: listing civil infractions and including trailers in the language. Mr. Walters added that Section 10.24.050 should reference 10.24.030, not 10.24.060. Vote: Ayes—Lovelett, Archibald, Miller, Johnson, Walters, Pickett and Adams. Motion carried. At approximately 8:11 p.m. Mayor Gere called a five minute break. At 8:17 p.m. the mayor called the meeting back to order. Anacortes City Council Minutes September 21, 2015 4 NEW BUSINESS Mayor Gere introduced Calista Scott from La Conner who spoke regarding Diaper Need Awareness Week which begins September 28, 2015. Ms. Scott described the effects of inadequate diaper supplies on both mothers and children and efforts to raise awareness of this problem. Fire Department Volunteer Recruitment and Retention Program Presentation Fire Chief Richard Curtis introduced David Skrinde, the city's contractor working on recruitment and retention for the department's volunteer program. Mr. Skrinde explained the dual mission of the program to recruit and retain both volunteers who can participate in structural firefighting and also support services volunteers who can participate in other ways. He summarized his experience in the firefighting profession in a number of jurisdictions. Mr. Skrinde described the challenges of staffing departments with a combination of career and volunteer fire fighters, of achieving minimum staffing levels, and of keeping volunteers motivated and rewarded. He discussed the extensive training requirements for volunteers which are a further challenge to recruitment. Mr. Skrinde said that since he began working with Anacortes in August he had reviewed five pending and four new volunteer applications, which together yielded two new volunteers. Mr. Skrinde summarized the process of accepting and reviewing volunteer applications and discussed how volunteers are given full attention to keep them motivated and interested. He noted that the rigorous training requirements and relatively low stipend reimbursement($55/shift)discourage some applicants from continuing the process. Mr. Skrinde then described the process for recruiting and deploying support services volunteers for whom the training requirements are less time intensive. In response to a question from Mr. Walters, Chief Curtis said support services volunteers can help address a shortage of firefighters but not the shortage of initial attack personnel. Mayor Gere thanked Mr. Skrinde for his presentation. Resolution 1924: Designating Reisner Distributor, Inc. as Sole Source for Fuel and Diesel Supply Finance Director Steve Hoglund presented a draft resolution formalizing a contract with Reisner who has provided fuel to the city fleet for over 35 years. He described the city's requirements for fuel vendors including fueling station size and dual card audit trail and said Reisner was the only business in the city limits that could meet those requirements. Ms. Pickett moved, seconded by Mr. Adams, to adopt Resolution 1924 authorizing a single source designation for local gasoline and diesel card-lock fuel pump service for all City vehicles on a 24 hour basis. Vote: Ayes—Archibald, Miller, Johnson, Walters, Pickett, Adams and Lovelett. Motion carried. Resolution 1926: Emergency Generator Fuel Purchase Mr. Hoglund presented a draft resolution approving an emergency generator fuel purchase following the August 29, 2015 wind storm and power outages which depleted generator fuel at city facilities, putting facilities at risk if a subsequent power outage were to occur before refueling through normal processes. Mr. Hoglund explained that under RCW 39.04.280(1)(c)emergency purchases made outside the normal bid process require Council to declare and duly record an emergency situation. Mr. Adams moved, seconded by Mr. Johnson, to approve Resolution 1926 declaring an emergency for the purchase of fuel to refill generator fuel tanks of emergency backup generators located at various City of Anacortes locations. Vote: Ayes—Miller, Johnson, Walters, Pickett, Adams and Archibald. Nays— Lovelett. Motion carried. Resolution 1925: Designating Pump Tech Inc. as Sole Source to Provide Vaughan Pumps for Water Treatment Plant Intake Pump Station Public Works Director Fred Buckenmeyer introduced Jeff Marrs, recently promoted to manager at the Water Treatment Plant. Mr. Buckenmeyer described the critical operation of the Water Treatment Plant intake pump station and a series of improvements that have been made in recent years. He then summarized future projects Anacortes City Council Minutes September 21, 2015 5 planned for the intake pump station. Mr. Buckenmeyer advised that only one specific pump will work to replace the eductors at the intake pump station and that the only dealer for that pump in Washington is Pump Tech, Inc. He requested Council approval of Resolution 1925 authorizing a single source designation to furnish and install Vaughan Triton Centrifugal Pumps at the Water Intake Pump Station. He advised that staff would come back to Council for approval of a contract with Pump Tech early in October. Mr. Walters asked if there were other out of state vendors for the same pump. Mr. Marrs explained that Pump Tech is the only supplier in Pacific Northwest for this particular pump. Mr. Walters moved, seconded by Ms. Pickett, to adopt Resolution 1925. Vote: Ayes—Johnson, Walters, Pickett, Adams, Lovelett, Archibald and Miller. Motion carried. Contract Award: 2015 "U" District Sanitary Sewer Line Rehabilitation Mr. Buckenmeyer requested Council approval to award a contract for rehabilitation of approximately 6791 LF of sanitary sewer line to eliminate stormwater and root ball infiltration into the sanitary sewer system. He said three bids were received with the low bid from CPC Inc. Environmental Services in the amount of $253,047.87 compared to the engineering estimate of$376K. Mr. Buckenmeyer recommended awarding the contract to CPC. He confirmed that the project was budgeted for 2015. In response to a question from Ms. Lovelett, Mr. Buckenmeyer advised that the voluminous contract documents were posted on Builders Exchange and so were not included in the Council packet. Mr. Walters suggested that if contracts were included in the Council packet they could be adopted on the Consent Agenda but said he would not vote to approve the contract without seeing it. Mr. Johnson moved, seconded by Mr. Archibald, to approve the contract to CPC Inc. Environmental Services in the amount of$253,047.87. Vote: Ayes— Pickett, Adams, Archibald, Miller and Johnson. Nays: Lovelett and Walters. Motion carried. There being no further business, at approximately 9:20 p.m. the Anacortes City Council meeting of September 21, 2015 was adjourned. Anacortes City Council Minutes September 21, 2015 6