HomeMy WebLinkAbout2013-08-05 City Council Minutes Approved o Y (3'f4
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City Council Minutes—August 5, 2013
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
August 5, 2013 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams,
Bill Turner, Cynthia Richardson and Brian Geer. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meeting
Mr. Johnson moved, seconded by Mr. Geer, that the minutes of July 8, 2013, July 15, 2013 and July 22,
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
Mayor Maxwell announced that the meeting would be continued to August 12, 2013 for possible action on
the police guild contract.
Mayor Maxwell reminded that the Port/City Liaison Meeting would be held the next morning at City Hall.
Consent Agenda
Mr. Walters asked to remove Item C, Ordinance 2907: Adopting 2014-2019 Capital Facilities Plan, from
the Consent Agenda.
Mrs. Richardson moved, seconded by Mr. Turner, to approve Items A and B on the Consent Agenda.
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 July 18, 2013, July 25, 2013 and August 1, 2013 are approved for payment as of August 5, 2013.
Claims: Check Numbers 69223 through 69444 in the total amount of$892,950.31
EFT Claims: Check Numbers 69220 through 69222 in the total amount of$2,842.85
Pre-written Claims: Check Numbers 69218 through 69219 in the total amount of$175.79
Payroll for July 19, 2013 in the total amount of$597,125.58
Check Numbers 38519 through 38565 in the total amount of$34,593.28
Direct Deposit Numbers from 49998 through 50192 in the total amount of$348,547.07
EFT Numbers from 1564 through 1570 in the total amount of$213,985.23
Payroll for August 5, 2013 in the total amount of$850,243.86
Check Numbers 38566 through 38646 in the total amount of$46,162.37
Direct Deposit Numbers from 50193 through 50395 in the total amount of$592,374.64
EFT Numbers from 1571 through 1575 in the total amount of$211,706.85
In the same motion Council:
Accepted as complete the Depot Plaza Phase 3 contract with Strandberg Construction (11-037-
I DS-002).
Anacortes City Council Minutes August 5, 2013 1
Mr. Walters stated that the Capital Facilities Plan should be adopted into the Comprehensive Plan at the
same time the budget is adopted, as a package, and said this special type of comprehensive plan
amendment is exempted from the once a year rule. He said he would also like to make some changes to
the CFP and listed some of those, including removing the language on page 8 of the CFP that authorizes
the Finance Director to initiate interim and long-term borrowing measures.
Councilmembers and the mayor discussed the capital facilities plan and its development at length. There
was some support for considering the CFP and the budget together in future years. Mr. Johnson
suggested that the Council Finance Committee could address that idea before the capital facilities
planning and budget schedules were set next January.
Mr. Geer moved, seconded by Mr. Turner, to approve the 2014-2019 Capital Facilities Plan as presented.
After continued discussion, Mr. Walters moved to amend the motion on the table to approve the CFP with
strike of the paragraph on page 8 that reads"The Finance Director is authorized, as directed, to initiate
interim and long-term borrowing measures, as they become necessary, as identified in the current CFP."
Mrs. Richardson seconded the motion for purposes of discussion.
Following additional comments by Mr. Geer, Mrs. Pickett called for the question. Mayor Maxwell polled
the councilmembers. Mr. Geer, Mr. Turner and Mr. Adams supported the call for the question. Mrs.
Richardson, Mr. Johnson and Mr. Walters did not support the call for the question. Lacking a two-thirds
majority, discussion continued.
Councilmembers and the mayor discussed alternative language for the borrowing clause but made no
further motions. Vote on the amendment: Ayes—Walters. Nays - Adams, Turner, Richardson, Geer,
Johnson and Pickett. Motion failed.
Mrs. Richardson announced that she would vote against adopting the CFP as presented because she
would rather merge it with the budget adoption. Vote on the motion to adopt Ordinance 2907 adopting
the 2014-2019 Capital Facilities Plan: Ayes—Turner, Geer, Johnson, Pickett and Adams. Nays—
Richardson, Walters. Motion passed.
Contract Award: Minor Infrastructure Improvements
Public Works Director Fred Buckenmeyer requested council approval to enter into a contract for
infrastructure improvement projects at the intersection of 34th Street and V Avenue, the intersection of
Sunset Avenue and Ferry Terminal Road and sidewalk ramps at Fidalgo Bay Road. He explained the
potential cost savings obtained by combining separate small projects into one bid. Mr. Buckenmeyer
reported that the City solicited bids from six contractors under the Small Works Roster Alternative Bid
Process and received one bid, from Construction Unlimited in the amount of$30,787. He added that the
bid was more than $3K under the Engineering Estimate and that engineering staff had met with the
contractor to review the bid. Mr. Buckenmeyer recommended awarding a contract to Construction
Unlimited in the amount of$30,787. After additional discussion on the scope of work Mr. Johnson moved,
seconded by Mrs. Pickett, to approve the contract award. Vote: Ayes—Richardson, Geer, Johnson,
Pickett, Adams and Turner. Nays -Walters. Motion carried.
Agriculture Irrigation Agreement and Ordinance
Mr. Buckenmeyer presented a draft ordinance and a draft contract with the Town of La Conner
addressing agriculture irrigation water sales. Mr. Buckenmeyer explained the process by which Anacortes
sells irrigation water at cost directly to approximately 20 agricultural customers in the Skagit Valley each
summer and said for several years La Conner has been interested in offering the same service to farmers
within its service area. The current dry growing season spurred action this year. Mr. Buckenmeyer
reviewed the history of planning for agricultural water use in regional water plans and the statistics
assuring that Anacortes has plenty of water to provide to agricultural users. He pointed out that during the
four months of summer agriculture currently uses about 2% of the Water Treatment Plant's production but
annualized over the entire year it uses only .72%. Mr. Buckenmeyer then addressed questions from
councilmembers about the draft contract including billing provisions, expiration date, quantity caps,
Anacortes City Council Minutes August 5, 2013 2
whether irrigation of water intensive crops should be prohibited, and separating agriculture use from La
Conner's committed volume for wholesale water. Mrs. Richardson moved, seconded by Mr. Geer, to
approve Ordinance 2909 and the agreement with the Town of La Conner as presented in the packet.
Vote: Ayes—Geer, Johnson, Walters, Pickett, Adams, Turner and Richardson. Motion carried.
Ordinance 2908: Interim Ordinance and Moratorium on the Establishment of Marijuana Producers,
Marijuana Processors and Marijuana Retail
Assistant Planning Director Don Measamer reported that subsequent to Washington voters passing
Initiative 502 in November 2012, the Washington State Liquor Control Board (WSLCB) on July 3, 2013
issued draft rules regarding marijuana producers, processors and retailers. He said the Board expects to
begin accepting applications for such businesses in September and may begin issuing licenses as early
as December 2013. Mr. Measamer explained that the draft rules require minimum separation distance of
1000 feet from a number of specified uses but do not address specific use zones where such businesses
may locate, nor does the Anacortes Municipal Code do so. He said that given the novelty of this new
business regulatory scheme and the complexity of the regulatory issues it will take time to fully evaluate
potential community impacts and adopt regulations for Planning Commission and City Council review and
approval. In response, staff presented and recommended approval of draft interim Ordinance 2908 to
impose a moratorium on such businesses in the City of Anacortes for up to twelve months. Mr. Measamer
noted that City Attorney Brad Furlong recommended altering the last sentence of the draft ordinance to
read, "...shall terminate in six months, or in 12 months if a work plan is adopted." He said that staff would
bring a work plan to Council on September 16, 2013 for review and approval. Councilmembers discussed
some of the potential revenue, zoning and building code implications that will need to be addressed. Mr.
Johnson moved, seconded by Mrs. Richardson, to approve interim Ordinance 2908. Vote: Ayes—
Johnson, Walters, Pickett, Adams, Turner, Richardson and Geer. Motion carried.
There being no further business, at approximately 8:45 the regularly scheduled Anacortes City Council
meeting of August 5, 2013 was continued to 7:00 p.m. on August 12, 2013 in the City Council chambers
for the purpose of consideration and possible action on a collective bargaining agreement with the
Commissioned Police Guild for the calendar years 2013 and 2014.
Anacortes City Council Minutes August 5, 2013 3