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HomeMy WebLinkAbout2014-12-15 City Council Minutes Approved City Council Minutes—December 15, 2014 At 7:00 p.m. Mayor Laurie Gere called the regularly scheduled Anacortes City Council meeting of December 15, 2014 to order. 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 Hershel Janz, 1120 King Street, addressed the English ivy planted along R Avenue. He referenced a number of recent Skagit Valley Herald news items regarding work parties to remove English ivy. Mr. Janz urged removing the invasive ivy from the planting strips along R Avenue so that it doesn't spread to the community forestlands. Mayor/Council Communication and Committee Reports Board Appointments/Reappointments to Arts Commission and Housing Authority Board: Mayor Gere announced that she had reappointed Betsy Humphrey and Marius Hibbard to serve three-year terms ending December 2017 on the Anacortes Arts Commission. The Mayor also announced that she had reappointed Curtis Payne to the Anacortes Housing Authority Board for a five-year term that expires December 31, 2019. She added that the Housing Authority Board and the mayor would be conducting interviews in January with three interested citizens to fill a recently vacated position. Mayor Gere also read the list of board and commission appointments for which she would be seeking Council confirmation on the Consent Agenda. Mayor Gere advised that the December 22, 2014 study session would be cancelled because nothing was scheduled for that agenda. Mayor Gere added Item 7g under New Business to the agenda for the evening: Request for Noise Variance for Guemes Channel Trail Phase VII Construction. Mayor Gere invited Washington Park Manager Bob Vaux to report on the 4th annual Wonderland Walk held at Washington Park over the weekend. Mr. Vaux described the very successful event which included 19 decorated campsites, treats and live performances. He thanked the many participants, donors and staff who made the event possible. Mr. Vaux estimated close to 2000 visitors attended each evening. Mayor Gere thanked the Parks Department staff for the popular community event. Mr. Miller reported from the Public Safety Committee which met earlier in the evening. He said the committee discussed the ambulance interlocal agreement, the Fire/EMS Master Plan recently presented to Council and the action plan for that, and the Police Department goals for 2015 including reducing crime, increasing bike patrols, a school resource officer, better communications with the community and improved traffic safety. Mr. Adams added that bikes are one of the most common thefts in Anacortes and reminded the public they can register bicycles on line with the Anacortes Police Department so they can be returned if stolen and recovered. Mr. Archibald reported that the Lodging Tax Advisory Committee met the previous week with the Anacortes Chamber of Commerce to work on the contracts coming before Council for action at the current meeting. He added that the Committee and the Chamber planned more frequent meetings during the year. Mr. Walters reminded the public about the Keep the Cheer Here program supporting local merchants during the holiday season. Anacortes City Council Minutes December 15, 2014 1 Consent Agenda Mr. Johnson moved, seconded by Ms. Pickett, to approve the following Consent Agenda items. Vote: Ayes—Walters, Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Motion carried. Approval of Vouchers/Cancellation of Checks Council voted unanimously that the following vouchers/checks audited and certified by the City's Auditing Officer(Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 3, 2014 and December 10, 2014 are approved for payment as of December 15, 2014. Claims Check Numbers 74644 through 74778 in the total amount of$442,973.75 EFT Number 74643 in the total amount of$93.60 Pre-Written Claims Check Number 74642 in the total amount of$272.20 Payroll for December 5, 2014 in the total amount of$887,371.21 Check Numbers 40107 through 40141 in the total amount of$31,386.23 Direct Deposit Numbers from 56599 through 56803 in the total amount of$619,770.88 EFT Numbers from 1741 through 1745 in the total amount of$236,214.10 Cancelled Checks Check Number 74123 in the amount of$239.96 In the same motion Council: approved the minutes of December 1, 2014 and December 8, 2014 as if read; approved the reappointment of Richard Broderick and Diane Wilkinson to the Historic Preservation Board for three-year terms that expire December 31, 2017; approved the reappointment of Lewis Jones and Libby Walgamott to the Anacortes Museum Advisory Board for four-year terms expiring December 31, 2018; approved the reappointment of Grace Pollard to another six-year term on the Anacortes Planning Commission expiring December 31, 2020; approved the reappointment of Jim English to another five-year term on the Anacortes Library Board of Trustees that will expire December 2019; approved the reappointment of Sarah Nichols to serve a five-year term on the Anacortes Parks and Recreation Advisory Board that will end in October of 2019; approved the reappointment of Brian Wetcher to the Anacortes Forest Advisory Board for a five- year term ending in November of 2019; approved the reappointment of Tom Thompson to represent Ward 1 on the Anacortes City Improvement Board for a term expiring at the end of December 2018; approved the appointment of Paul Allen to represent Ward 3 on the Anacortes City Improvement Board for a term expiring at the end of December 2018. UNFINISHED BUSINESS Council Chamber Audio Visual Update Project Public Works Director Fred Buckenmeyer presented this item that had been deferred from the December 8, 2014 Study Session. He first mentioned that the fiber optic request for proposals had gone out, the Guemes Channel Trail construction was progressing well, the 3MG tank funding options would be on the Council agenda in January, and the City won an Ameresco grant for a solar project on the City Hall roof. Ms. Pickett asked Mr. Buckenmeyer and City Attorney Brad Furlong to comment on their experience with fiber optic projects in neighboring communities. Mayor Gere suggested a future study session on the topic. Regarding the Council Chambers update, Mr. Buckenmeyer described the rearrangement of displays in the Chambers during 2014 and said staff was now proposing an upgrade of the audio visual equipment, adding barrier free access to the dais, and rearranging the seating plan to bring attendees into closer contact with elected officials. Mr. Buckenmeyer described the shortcomings and recent failures of the aging components of the video and sound systems that have been used to record and televise meetings Anacortes City Council Minutes December 15, 2014 2 for the public. He also illustrated the proposed wheel chair access ramp, added security measures for portable equipment, and the revised seating arrangements. Mr. Buckenmeyer reported that staff had solicited bids to complete the work described in a tight 6-calendar-day window between Monday meetings. He said the two bids received ranged from $80,000 to $113,000 and that the bids expire on January 11, 2015 so Council would need to take action if it wished to accept either of them. He added that the project was not in the 2015 budget so would require a budget amendment. Mayor Gere added that she had hoped to defer the expenditure until 2016 but that recent equipment failures had brought the project before Council now. Mr. Buckenmeyer recommended awarding a contract to Horizon Satellite and Television in the amount of$79,401.28. Mr. Miller inquired how much of the equipment in the proposal was required to keep Channel 10 running. Mr. Johnson observed that the access ramp to the dais was clearly needed and endorsed relocating speakers so the mayor and councilmembers can hear each other and presenters. Mr. Archibald inquired if the proposed revisions would allow study sessions to use a more round table format. Mayor Gere said that portable microphones were part of the proposal which would allow more versatile seating. Mr. Walters asked how much of the bid price was for equipment and how much was for building improvements. Mr. Buckenmeyer estimated it was about half and half. Mayor Gere endorsed bringing the audience closer to the councilmembers to achieve a more conversational dialogue. Mr. Walters and Ms. Pickett urged that the dais be no less curved than currently, possibly more so. Ms. Lovelett asked if the proposed individual monitors for councilmembers would allow the Council packets to be viewed electronically. Mr. Johnson supported that request. Mr. Adams noted that the sound system had been degrading and that the upgrade would provide more user friendly meetings for the public and the elected officials and better public access. Mr. Walters reported that the Skagit County Commissioners looked into having computers on the dais but it was prohibitively expensive so they opted for tablets next to the monitors for packet display. He asked for a copy of the proposed contract with a complete list of the equipment it included. Ms. Pickett supported electronic packet display and wondered how useful individual councilmember monitors would be if they could only display the overhead, not the packets. Mr. Buckenmeyer explained that individual councilmember monitors would allow the large screen displays to be positioned to better serve the audience. Mr. Archibald observed that desktop monitors for councilmembers would allow them to follow presented material while still facing the audience. Mr. Archibald moved, seconded by Mr. Johnson, to authorize the mayor to award a contract to Horizon Satellite and Television in the amount of$79,401.28. Mayor Gere invited members of the public to comment on this topic. Hal Rooks, 1219 10th Street, suggested that this was an opportunity to get rid of the dais altogether to remove the symbolism of Council sitting above the audience. He observed that removing the dais would also remove the wheelchair access problem. Gene Derig, 1302 K Avenue, reported that he and his wife Marilyn had taken photos of the Council chambers in Ashland, Oregon where councilmembers sit in a horseshoe shape, are just slightly raised above the audience for visibility, and have computers embedded in the dais. He said that arrangement worked very well and offered to share his photos. Tom Wooten, 2300 33rd Street, chairman of the Samish Indian Nation, said the tribe had faced the same issues and moved to modular horseshoe shaped seating which can be rearranged and relocated, monitors for members to view the presentations, and laptops and zip drives for viewing packet materials. He added that the tribe had also contracted with Horizon and said that was a good choice. No one else in the audience wished to speak. Mr. Walters observed that the raised dais put councilmembers level with the speaker at the podium, which he liked, but he also liked the idea of removing the platform and not needing a ramp for accessibility. Mr. Buckenmeyer advised that demolition of the existing platform would have costs just like building a ramp and added that most cities have some sort of platform so that the council is visible to the audience. Mayor Anacortes City Council Minutes December 15, 2014 3 Gere inquired if the nuances being proposed by councilmembers could be addressed in the contract. Mr. Buckenmeyer said change orders could certainly be issued. Mr. Miller observed that if the work were scheduled around a fifth Monday when there is no City Council meeting it might ease the time pressure. Mr. Adams said Council does need to be slightly elevated for visibility and added that bringing the audience closer would help. He supported a more curved arrangement of councilmember seating. Mr. Walters supported having staff sit more directly in front of councilmembers as they had during budget sessions, rather than off to the side. Mr. Buckenmeyer asked if Council wanted to negotiate a different scope of work before awarding the contract. Mr. Walters announced that his uncle owns Horizon Satellite and Television and that while he did not have a conflict under the statue he would be taking the privilege of recusing himself from the vote. Vote: Ayes—Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Abstain —Walters. Motion carried. Resolution 1905: Lodging Tax Funds for International Ferry Travel and Marketing Program and for Visitor Information Center Planning Director Don Measamer recalled that at its October 20, 2014 meeting Council adopted Resolution 1901 authorizing execution of Tourism Fund contracts with thirteen agencies for seventeen projects but excluding the Chamber of Commerce requests for the international ferry marketing program and Visitor Information Center(VIC). Mr. Measamer advised that the Lodging Tax Advisory Committee (LTAC) met with Chamber staff on November 29, 2014 and December 4, 2014 to discuss the VIC, had held fruitful conversations, and planned to meet again on January 21, 2015 and every couple of months thereafter to continue to develop operational guidelines for the VIC to serve all city businesses. Mr. Measamer presented Resolution 1905 authorizing Tourism Fund contracts with the Anacortes Chamber of Commerce for the ferry marketing program and the VIC. In response to a question from Mr. Johnson, Mr. Measamer summarized the changes between the proposed VIC contract and the original Chamber proposal including the addition of Item 1A, listing out the VIC hours, and including the reporting requirements under RCW 67.28.1816. Mayor Gere invited members of the public to comment on this topic. Stephanie Hamilton, 4412 Glasgow Way, Chamber of Commerce Executive Director, thanked the LTAC for continuing communications and education. Ms. Hamilton mentioned upcoming focus groups in the community and said she was looking forward to working on a strategy to brand Anacortes as a destination for the good of all of Anacortes. Mr. Archibald observed that more frequent meetings between the LTAC and the Chamber would make a huge difference on how the City represents itself and said he looked forward to that partnership. Mr. Adams agreed that this ongoing relationship would be of great benefit to the community. Mr. Adams moved, seconded by Ms. Pickett, to approve Resolution 1905 authorizing execution of Lodging Tax funding contracts for the year 2015 by and between the City of Anacortes and the Chamber of Commerce for the International Ferry Travel and Marketing Program and the Visitor Information Center. Vote: Ayes—Adams, Lovelett, Archibald, Miller, Johnson, Walters and Pickett. Motion carried. NEW BUSINESS Samish Indian Nation Request for Support of Samish Homelands Bill Mr. Measamer introduced Leslie Eastwood, 3801 W 4th Street, General Manager of the Samish Indian Nation. Ms. Eastwood introduced Tom Wooten, Samish Tribal Chairman. Mr. Wooten expressed his appreciation to the administration and City Council who have for several years supported the tribe's efforts to rebuild its homeland and requested Council's continued support. Ms. Eastwood explained the proposed HB 1225 Samish Indian Nation Homelands Act that would put specific parcels of Samish land into trust. She said the legislation had previously been sponsored by Congressman Rick Larsen and that the tribe was hoping it will get out of committee in 2015. Ms. Anacortes City Council Minutes December 15, 2014 4 Eastwood showed maps of the tribe's traditional territory which touches Skagit, Whatcom, San Juan and Island counties. She summarized how a 1969 BIA clerical error left the Samish Indian Nation off the list of federally recognized Indian tribes so the tribe had to fight for 27 years to regain recognition which happened by court order in October 1996. Ms. Eastwood said that in 2000 the tribe made its first application to place land in trust, its Campbell Lake property, a process which took 8 years. She said the Tribe is seeking congressional action to direct the Secretary of the Interior to place 17 parcels totaling 96.67 acres of land currently owned by Samish in fee simple into trust for non-gaming purposes for the benefit of the Tribe. Ms. Eastwood stressed that the legislation would place a permanent prohibition on gaming on any of the parcels and contrasted those parcels with the Tribe's Thompson Road property for which it has applied for fee-to-trust status for gaming purposes. Mr. Johnson said he fully supported the Samish establishing their homeland but asked if local land use regulations would apply to trust lands within the City limits. Mr. Measamer said nothing requires the Tribe to comply with the City's land use code on tribal properties but that he had never seen an example of the Tribe not doing so. He noted that Section 7 of the 2003 Memorandum of Understanding between the Samish Indian Nation and the City of Anacortes states that, "the Tribe intends to adopt and enforce all ordinances, standards, and requirements of the City until such time that the Tribe does adopt and enforce standards of environmental protection, building code standards, fire code standards, safety standards, etc., that are designed to provide protection and regulation of its Tribal members and others affected by its sovereign governmental authority and to meet or exceed City standards." Mr. Measamer clarified that the 2003 MOU differs from the 2014 MOU regarding the Tribe's Thompson Road property. Ms. Pickett thanked the Samish for their cooperation and support over the years. Mr. Johnson inquired about the timing for supporting the Tribe's proposed legislation. Ms. Eastwood explained that the bill did not yet have a number and that the Tribe would like the City to write to encourage Congressman Larsen and Senators Cantwell and Murray to consider sponsoring versions of the bill in 2015 in their respective houses. She advised that the Skagit County Commissioners had already written such a letter. Mayor Gere invited members of the public to comment on this topic. No one present wished to speak. Ms. Lovelett recognized a responsibility to stand with the Tribe in its quest for sovereignty over its lands. Ms. Lovelett moved, seconded by Mr. Adams, to support the Samish Indian Nation's request for HB 1225 Samish Indian Nation Homelands Act. Vote: Ayes—Lovelett, Archibald, Miller, Johnson, Walters, Pickett and Adams. Motion carried. 2015 Interlocal Cooperative Agreement between City of Anacortes and Skagit County re: Emergency Medical Services Mayor Gere advised that earlier this year the Skagit EMS Commission had decommissioned and was now under the umbrella of Skagit County. She said that the County was in the process of streamlining and redesigning the system for emergency medical services in the county. The mayor said that she, Chief Curtis and Mr. Hoglund had met extensively with the County and had come to terms for a 2015 contract with funding at the same level as the 2014 contract. The mayor recommended approval of that contract but alerted Council to outstanding issues with the agreement. She noted that Anacortes is the only community in the county where ambulance service is provided by the fire department which is a philosophical difference from the County model. The County is asking that Anacortes consider how the City would staff the March Point fire station 24/7 and to establish protocol for backup coverage for EMS service in the event that all EMS units are committed to other calls. She urged acceptance of the contract with the understanding that much work remained in the year ahead to establish the future of EMS service in the city and county. Chief Curtis addressed questions from councilmembers about the two models of providing EMS response and described the standard practice, countywide, of first responders arriving from fire stations with ambulances and personnel arriving secondary for treatment and transport if necessary. Mr. Adams noted that Anacortes voters have been supportive of the countywide EMS levy and that Council needs to stay informed and protect the level of service in Anacortes. Mr. Adams moved, seconded by Ms. Pickett, to approve the contract. Anacortes City Council Minutes December 15, 2014 5 Mayor Gere invited members of the public to comment on this topic. No one present wished to speak. Mr. Walters announced that he had a remote interest in the contract as defined by RCW 42.23.040 because he is an employee of Skagit County with a fixed salary and that his disclosure must be noted in the minutes of the meeting in order for the City to enter into the contract. Vote: Ayes—Archibald, Miller, Johnson, Pickett and Adams. Nays— Lovelett. Abstain —Walters. Motion carried. Resolution 1906: Authorizing the Transition to a Cash Basis for Paying for Health Insurance Premiums Mr. Hoglund advised that beginning in 2015 the City would be offering new high deductible health care plans to employees in conformance with the Patient Protection and Affordable Care Act (PPACA). He explained that the new plans require additional reporting to the IRS which requires switching the collection and reporting of the employee share of health insurance premiums to a cash basis rather than the current accrual basis. Mr. Hoglund said the transition would cause an unusually high deduction from employee paychecks on December 20, 2014 so staff was proposing that the City pay the full premiums for that one pay period. Mr. Hoglund noted that the cost savings to the City of the new health plans would be over$140,000 in 2015 and the December 20, 2014 additional premium cost amounted to approximately$5,500. Mr. Walters advised that Ms. Schuh and Mr. Hoglund had discussed Resolution 1906 with the Council Finance Committee and the committee recommended approval. Mr. Johnson and Mr. Archibald concurred. Ms. Schuh noted that 67 employees (40%) had elected to transition to the new high deductible plans during the open enrollment period resulting in significant premium savings to the City in 2015. Mayor Gere invited members of the public to comment on this topic. No one present wished to speak. Mr. Johnson moved, seconded by Ms. Lovelett, to approve Resolution 1906, authorizing the transition to a cash basis and the payment of health insurance premiums. Vote: Ayes— Miller, Johnson, Walters, Pickett, Adams, Lovelett and Archibald. Motion carried. Year End Finance Update Mr. Hoglund presented a summary of the City's financial position through November which he had distributed to councilmembers earlier in the day. He began with a review of General Fund revenues by type and concluded that revenues were at 94% of budget only 92%through the year and were looking very healthy heading into the end of the year. Mr. Hoglund next reviewed General Fund expenditures including the first half of December. He pointed out expenditure lines that would be addressed by the budget amendment later in the evening. Noting that General Fund expenditures were at 91% of budget at over 92% through the year, Mr. Hoglund explained that the fund would likely finish in balance without a budget amendment but that the amendment would bring each department within the fund into balance. Mr. Hoglund next reported that Real Estate Excise Tax (REET) revenue was at 129% of budget and impact fees were at 186% of budget as of the end of November. Mr. Hoglund concluded with a review of revenues and expenditures in the other funds and explained the items in Funds 104, 105 and 110 that would be addressed by the evening's budget amendment. Mayor Gere invited members of the public to comment on this topic. No one present wished to speak. Mr. Hoglund addressed questions from councilmembers about Funds 450, 401 and 501. Ordinance 2941: Year End Budget Amendment Mr. Hoglund presented Ordinance 2941 amending the 2014 budget. He reviewed each line item proposed for amendment and referred back to explanations provided during the finance update earlier in the evening. He noted that the total General Fund increase was $147,000 which would likely be offset by increases in revenue over projections. Mayor Gere invited members of the public to comment on this topic. No one present wished to speak. Anacortes City Council Minutes December 15, 2014 6 Mr. Johnson moved, seconded by Mr. Archibald, to approve Ordinance 2941 amending the 2014 budget. Vote: Ayes—Johnson, Walters, Pickett, Adams, Lovelett, Archibald and Miller. Motion carried. At approximately 9:23 p.m. Mayor Gere called a three minute break. At approximately 9:26 p.m. she called the meeting back to order. Anacortes Legislative Priorities Mayor Gere introduced a discussion of what Council would like state legislators to address as they represent Anacortes in Olympia. Administrative Services Director Emily Schuh advised that in coordination with the Association of Washington Cities (AWC)the mayor and staff had drafted legislative priorities as in past years but for the first time was bringing that draft to Council and the public for comment, revision and potential adoption. Mayor Gere invited members of the public to comment on this topic. Hal Rooks, 1219 10th Street, referred to his letter to Council regarding the Public Records Act. He said that the citizens voted overwhelmingly for open and transparent government in 2013 and he applauded Mayor Gere's efforts to increase the number of documents available electronically and to develop a climate of openness and responsiveness at City Hall. He urged Council to support, not restrict, the Public Records Act and eliminate Item 6 from the proposed legislative priorities. Marilyn Derig, 1302 K Avenue, agreed with Mr. Rooks. She said that in interests of the great progress Mayor Gere's administration had made toward open and responsive government, she urged eliminating Item 6 from the proposed 2015 legislative priorities. Gene Derig, 1302 K Avenue, also urged Council to remove Item 6 from the proposed legislative priorities. Mr. Derig recommended the Washington Coalition for Open Government(WCOG)website for current information about trends in public records. Frank Spargo, 1408 11th Street, agreed with the previous three speakers. He added that all but one of the proposed priorities was asking for state funding and said given the projected state budget shortfall that was a waste of time and effort. Mr. Spargo also observed that except for trails, all the priorities were to benefit staff rather than citizens. He urged Council and the mayor to look for something positive for the citizens. Tom Glade, 210 Mansfield Court, speaking on behalf of Evergreen Islands, requested that Item 6 be removed from the proposed priorities. Mr. Glade spoke in support of the power of the Public Records Act to educate the public. He observed that in the current spirit of more open government the City would likely not see so many public records requests. No one else in the audience wished to speak. Mayor Gere invited Council feedback on the legislative priorities. Ms. Lovelett requested devoting a chunk of study session time to the topic. She mentioned items that might be added including urging legislators to create regulatory measures and a funding mechanism to deal with the growing community concern over the transport of hazardous materials. Mr. Walters reported that he had recently attended an AWC regional meeting on collaboration and it was recommended that it was worthwhile to have Council formally adopt legislative priorities, that it is best done early, and that it is more effective to meet with legislators earlier than lobby day. He urged paring the list down to the top three or four topics and handed out proposed alternative language for Item 6. Mr. Walters urged adding state funding, supervision and management of public defense to the list. Mr. Johnson wondered about adding a budget line item to cover public records requests and said that is an infrastructure government needs to support. Mayor Gere said the legislative priorities would be discussed again at the January 12, 2015 study session. Anacortes City Council Minutes December 15, 2014 7 Request for Noise Variance for Guemes Channel Trail Phase VII Construction Mr. Measamer referred to packet materials he had distributed to councilmembers earlier in the evening. He presented a noise variance request from Strandberg Construction for construction of the Guemes Channel Trail, Phase VII, between the hours of 10 p.m. and 7 a.m. over a period of up to ten (10) non- consecutive days between December 15, 2014 and January 31, 2015, in order to correspond with favorable tide cycles. Noting that the low tides required to perform the contracted work all occur during nighttime hours at this time of year, Mr. Measamer advised that the variance request was consistent with WAC 173-60-080 which allows for variances because of"special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of non-availability of feasible technology or control methods." Mr. Measamer noted that it has been City policy to bring noise variance requests before City Council for action but some councilmembers had suggested that this should be an administrative procedure. He advised that staff could work toward that end if directed to do so and confirmed that the statutes do not require Council action to approve noise variances. Mr. Miller asked that night work on December 24, 2014 and December 25, 2014 be excluded from the variance. Mr. Measamer agreed. Mr. Johnson moved, seconded by Ms. Pickett, to approve the noise variance requested by Strandberg Construction for construction of the Guemes Channel Trail, Phase VII. Vote: Ayes—Walters, Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Motion carried. There being no further business, at approximately 9:45 p.m. the regularly scheduled Anacortes City Council meeting of December 15, 2014 was adjourned. Anacortes City Council Minutes December 15, 2014 8