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City Council Minutes—April 1, 2013
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
April 1, 2013 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Bill
Turner, Cynthia Richardson and Brian Geer. The assembly recited the Pledge of Allegiance.
Minutes of Previous Meeting
Mr. Johnson moved, seconded by Mr. Turner, that the minutes of March 15, 2013, March 18, 2013 and
March 25, 2013 be approved as if read. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer
and Johnson. Motion carried.
Citizen Hearings
No one present wished to speak.
Mayor/Council Communication and Committee Reports
Mr. Turner reported that Representative Rick Larsen, Senator Maria Cantwell, and Secretary of the
Interior Ken Salazar were in Anacortes earlier in the day for a ceremony celebrating the creation of the
San Juan Islands National Monument which will permanently protect 1000 acres of BLM land in the
islands. Mr. Johnson quoted statistics about the number of jobs created by tourism and suggested that
Anacortes may want to place more emphasis on welcoming visitors to the national monument.
Mr. Geer announced an Improv for charity at 8:00 p.m. on May 3, 2013 at Brodniak Hall to benefit the
Wounded Warrior project, the three NAS Whidbey airmen who lost their lives a few weeks ago, and the
high school.
Mrs. Richardson reported from the Traffic Safety Committee that at its meeting on February 19, 2013 the
committee discussed the M Avenue yellow curb extension by the hospital, a speed study at 8th Street and
K Avenue, resolution of employee parking at the hospital, and truck traffic on M Avenue. She announced
that the next Traffic Safety Committee meeting would be May 21 at 9 a.m. in the Council chambers.
Mrs. Richardson reported from the Public Works Committee that the public works department is working
on small water mains replacement and replacing the ferry terminal sewer pump station and was planning
a ribbon cutting at the new water treatment plant in May.
Mr. Turner noted that Traffic Safety Committee meetings are very well attended by the public and
complimented Assistant City Engineer Eric Shjarback's explanations at those meetings.
Mr. Adams reported from the Planning Committee which met earlier in the evening to discuss the adult
concessions ordinance as well as the assisted living definition and density formula which will go to the
Planning Commission before coming back to City Council.
Unfinished Business: Adult Concessions Ordinance 2902
Planning Director Ryan Larsen reported that at Council's request the City Council Planning Committee
met on March 11, 2013 to develop recommendations on the location for adult entertainment and
appropriate separation distances from adjacent uses. He said the committee recommended allowing adult
entertainment only within the LM1 zone within the city limits between Christianson Road and Reservation
Road and recommended changing the separation distances from 300 feet to 100 feet except requiring
300 feet of separation from other adult concessions and requiring 30 feet of separation between
residential zones and adult retail. Mr. Larsen said a public hearing had been scheduled on those two
issues for April 15, 2013. He requested councilmember feedback to draft final ordinance language for that
hearing.
Mayor Maxwell noted there is one church in that proposed zone and asked why the separation distance
would not stay at 300 feet. Mrs. Pickett said the map didn't show a buffer around the Summit Park church.
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Mr. Larsen said he would have the map updated. Mr. Geer said he preferred to wait for public testimony
before redrafting the ordinance. Mayor Maxwell asked that the maps for the public hearing show both
100-foot and 300-foot buffers around the church. Mr. Larsen summarized that for the April 15, 2013 public
hearing staff would present the ordinance as currently drafted as well as the Planning Committee's
recommended changes for the public to comment on.
Consent Agenda
Mr. Johnson moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote:
Ayes— Pickett, Adams, Turner, Richardson, Geer, Johnson and Walters. 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 March 21, 2013 and March 28, 2013 are approved for payment as of April 1, 2013.
Claims: Check Numbers 68061 through 68191 in the total amount of$849,160.96
EFT Claims: Check Number 68060 in the total amount of$1,777.00
Pre-Written Claims: Check Numbers 68058 through 68059 in the total amount of$7,269.75
Payroll for March 20, 2013 in the total amount of$581,720.80
Check Numbers 38130 through 38155 in the total amount of$22,891.00
Direct Deposit Numbers from 48389 through 48585 in the total amount of$355,018.10
EFT Numbers from 1522 through 1526 in the total amount of$203,811.70
In the same motion Council:
Accepted as complete the WWTP Heat Exchanger Installation (Contract 10-029-SEW-003 with
IMCO General Construction, Inc.);
Approved the Findings of Fact, Conclusions of Law and Decision for the Channel Landing
Preliminary Plat and Conditional Use Permit(Project LPS-2012-0001); and
Accepted as complete the 2012 Waterline Replacements (Contract 12-004-WTR-001 with Welch
Brothers Construction, Inc.).
Public Hearing: Close and Review 2013/2014 CDBG Action Plan
Mr. Larsen asked Council to accept final public comments on the 2013/2014 CDBG Action Plan and to
close the 30-day public comment period. He said only one comment letter was received, from the
Anacortes Family Center the prior Friday, and it had been distributed to councilmembers earlier in the
day. Mr. Larsen said the letter asked that funds be redirected from Skagit County Community Action
Agency to the Family Center. Mr. Larsen provided background on why City of Anacortes CDBG public
services funds have historically been directed to SCCAA. At approximately 7:25 p.m. Mayor Maxwell
opened the public hearing. No one wishing to testify, the mayor closed the public hearing and the
comment period. Councilmembers discussed timing of the applications, publicizing CDBG funding to
increase the applicant pool, and the restrictions on CDBG funds for capital uses. Mr. Larsen advised that
the City's CDBG funding would be reduced by at least 5% due to the Federal sequester.
Ordinance 2903: Ambulance Licensing
Assistant Fire Chief John Bird presented draft Ordinance 2903 which would revise ambulance licensing
Ordinance 2877 to remove the $200 licensing fee but retain the $39 business license fee and retain the
Fire Department's right to regulate private ambulance service providers of non-emergency inter-facility
transfers. Mr. Walters suggested that the business license fee not be specified in the ordinance since it
may change in the future. Mr. Furlong agreed to change the document to refer to "standard City business
license fee". Mrs. Richardson observed that the draft ordinance refers repeatedly to a "NON-
EMERGENCY IFT ambulance service license" but that Section 13.54.310 refers simply to an "ambulance
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business license" and suggested that the terminology should be consistent. Mr. Furlong said he would
create a term of art for this license and replace it throughout the ordinance. Mr. Adams moved, seconded
by Mr. Geer, to approve Ordinance 2903 amending Ordinance No. 2877 and Chapter 13.54 of the
Anacortes Municipal Code, amended to include Mr. Walter's suggestion and Mrs. Richardson's
suggestion. Vote: Ayes—Adams, Turner, Richardson, Geer, Johnson, Walters and Pickett. Motion
carried.
Approval to Purchase Replacement Fire Engine
Chief Bird requested Council approval to purchase a 2013 Pierce Saber SLT Pumper fire engine to be
stationed at Fire Station 1. He explained that this fire engine would replace the 1990 Seagraves fire
engine that was scheduled for replacement in 2010 but was deferred for budgetary reasons. Chief Bird
said reserves are budgeted this year for the purchase of the engine and for$25,000 of replacement
equipment to stock the new engine. He noted that the new engine will be virtually identical to the last two
fire engines purchased, making training consistent and vehicle repairs more efficient. The Chief added
that some early payment price incentives are available and that the City intends to take advantage of the
discounts that are appropriate but will not elect to drive the engine to Anacortes from Florida. Finance
Director Steve Hoglund explained equipment rental fund replacement reserve funding and said the final
price of the engine would be approximately$399K with the discounts. Mr. Geer moved, seconded by Mr.
Turner, to approve. Mr. Johnson clarified that the motion was to approve the purchase of the fire engine
in an amount not to exceed $427,433.58 and also the expenditure of up to $25,000 for equipment for the
new engine. Vote: Ayes—Turner, Richardson, Geer, Johnson, Walters, Pickett and Adams. Motion
carried.
Cooperative Interlocal Agreement between City of Anacortes and Fire District 13
Chief Bird requested Council approval of an interlocal agreement with Skagit County Fire Protection
District No. 13 (FD#13)to co-locate a fire station at the existing FD#13 station on Stevenson Road. The
Anacortes Fire Department(AFD) currently leases Fire Station 3 on Molly Lane for$1777/month. Chief
Bird explained that since FD#13 now is the home base for the shared mobile live fire training center,
Chief Curtis and Chief Horn contracted with Underwood and Associates for a feasibility study to add 1000
SF of living space and 1000 SF of bay space to the existing FD#13 station to serve as AFD's third
station. FD#13 would then surplus one of its apparatus and both departments would cross train on each
other's equipment to save space. Chief Bird said structural review of the building would need to be
performed but the overall cost to upgrade the station was estimated to be about$500K. He advised that if
the interlocal were approved, the departments would publish a RFQ for a qualified design group to be
selected by a committee as described in Section 1.4 of the agreement. Councilmembers questioned Chief
Bird about the anticipated staffing, cross training, equipment use, and other specific clauses of the draft
agreement.
Mr. Geer moved, seconded by Mr. Turner, to approve. Mrs. Richardson asked for clarification of the
motion and if it included going out for an RFQ for a design team, approving a design, and going out to bid
for construction. Mayor Maxwell said the motion was to approve an interlocal that would allow the City to
go and do all those things. Mrs. Richardson clarified that approving the interlocal did not specifically
approve of any of those subsequent steps or any dollar amount attached to them,just the "let's work
together" agreement.
Mr. Walters inquired if the interlocal agreement was part of the Regional Fire Authority negotiations. Chief
Bird said the proposed interlocal agreement was not part of the RFA process but rather a parallel
agreement that would continue even if the RFA process did not succeed.
Mr. Walters noted that Section 1.2 references "Exhibits ( ) hereto" but the blank is not filled in and that
the attached "Exhibit A: Station 13-1 Inventory"was blank. He asked if there shouldn't be more specificity.
Mr. Furlong said he would work with FD#13's legal counsel to make sure a proper exhibit was attached
to the agreement. Mr. Walters also noted that the paragraph numbering repeated numbers 12 and 13. Mr.
Furlong said he would fix that. In response to a question from Mrs. Richardson, Mr. Furlong said that he
had reviewed an earlier draft of the agreement and that around 90% of his suggestions had been
addressed in the current version including allocation of M&R funds, a voice for the City in choosing the
Anacortes City Council Minutes April 1, 2013 3
design professional, and how to terminate the agreement. Mr. Walters noted there was no requirement for
mediation or arbitration and asked if that had been requested. Mr. Furlong said no but that would be a
good idea although mediation is always an option even if not explicitly required. Chief Bird said he would
provide councilmembers with copies of the feasibility study. Vote: Ayes— Richardson, Geer, Johnson,
Pickett, Adams and Turner. Nays—Walters. Motion carried.
Contract Award: 2013 Waterline Replacement Project (13-007-WTR-001)
Public Works Director Fred Buckenmeyer requested Council approval to award a contract for the 2013
waterline replacement project for work on Cay Way and 5th Street. He said the City received six bids with
the low bid from C. Johnson Construction out of Oak Harbor who has done lots of prior work for the City.
The low bid was$120,711.82 and the Engineer's Estimate was $125,147.36. Mr. Buckenmeyer said staff
recommended awarding the contract to C. Johnson Construction in the amount of$120,711.82 including
sales tax. Mr. Geer moved, seconded by Mr. Johnson, to approve. Vote: Ayes—Geer, Johnson, Walters,
Pickett, Adams, Turner and Richardson. Motion carried.
Public Works Department Capital Project Update
Mr. Buckenmeyer provided an update on public works capital projects for the year ahead including 22nd
Street and M Avenue intersection improvements, repair or replacement of the 3 million gallon water tank
near Blue Heron Circle, small water mains replacement on Cay Way and 5th Street, the 22nd Street and R
Avenue roundabout, replacement of equipment at sanitary sewer Pump Station 14, Island View
Elementary School bike racks, the next segment of the Guemes Channel Trail, 8th Street and 0 Avenue
intersection improvements and the street overlay and utility project on Q Avenue. Mr. Buckenmeyer
explained how the department selects streets for pavement overlay each year and the project underway
to re-evaluate the condition of all City streets for capital facilities planning. He concluded with an update
on the water treatment plant improvement project. Mr. Buckenmeyer reported that the new plant came on
line a couple of weeks prior and staff was seeing water purity levels never seen before, exceeding all
expectations and far exceeding Department of Health standards.
There being no further business, at approximately 8:35 p.m. the regularly scheduled Anacortes City
Council meeting of April 1, 2013 adjourned.
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