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HomeMy WebLinkAbout2013-01-22 City Council Minutes Approved o Y of4, e.yCp City Council Minutes—January 22, 2013 At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of January 22, 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. Turner, that the minutes of January 7, 2013 and January 14, 2013 be approved as if read. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried. Citizen Hearings Tom Glade, 210 Mansfield Court, speaking on behalf of Evergreen Islands, raised a point of order about the March 5 hearing on the Anacortes Water System Plan. Mr. Glade called the Water System Plan vital to the City of Anacortes and Skagit County and said it should have a public hearing. Mayor/Council Communication and Committee Reports Mayor Maxwell recognized Engineering Technician Jim Baldwin for 35 years of service with the City and presented him with a Certificate of Appreciation to a round of applause from all present. Mayor Maxwell read a statement proclaiming February 23, 2013 to be Rotary International Day in Anacortes and encouraged citizens to honor Rotary International for more than 108 years of service to improve the human condition in communities around the world. Mr. Turner emphasized the Rotary Club motto of service above self. Mayor Maxwell announced two upcoming Boys and Girls Club fundraising events involving local restaurants and encouraged the community to support this worthwhile community organization. Police Chief Bonnie Bowers presented a request for approval for a small parade between 3:00 p.m. and 4:00 p.m. on February 4, 2013 to celebrate the end of 6-year-old Madelyn Kuhnlein's chemotherapy. Mr. Geer moved, seconded by Mr. Adams, to approve the parade request. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, Johnson and Walters. Motion carried. Mr. Turner reported that he, the mayor, Chief Bowers and Mr. Geer have been attending Jail Committee planning meetings in the county every few weeks. He encouraged the public to contact them with input and said public hearings would be coming up. Mayor Maxwell advised that an update on the jail study would be presented at the City Council study session on January 28, 2013 and emphasized the importance of making a good decision on siting and building a new jail. Consent Agenda Mr. Johnson asked to withdraw Item B, Council Committee Appointments, from the Consent Agenda. Mr. Adams moved, seconded by Mr. Turner, to approve the following Consent Agenda items. Vote: Ayes— Adams, Turner, Richardson, Geer, Johnson, Walters and Pickett. 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 January 10, 2013 and January 17, 2013 are approved for payment as of January 22, 2013. Claims Check Numbers 67333 through 67475 in the total amount of$959,636.21 Anacortes City Council Minutes January 22, 2013 1 EFT Check Numbers 67322 through 67332 in the total amount of$3,375.44 Prewritten Checks Check Number 67321 in the amount of$10,000.00 Payroll for January 4, 2013 in the total amount of$908,047.75 Check Numbers 37920 through 37959 in the total amount of$36,842.48 Direct Deposit Numbers from 47394 through 47597 in the total amount of$581,964.47 EFT Numbers from 1495 through 1499 in the total amount of$289,240.80 Mr. Johnson advised that the Regional Fire Authority Exploratory Committee had morphed into the West Skagit Regional Fire Authority Planning Committee with Councilmembers Adams, Geer and Johnson representing the City of Anacortes on that committee and Mr. Turner serving as an alternate. He asked that the committee roster be updated accordingly. Mrs. Richardson noted that some of the committee meeting times might also be adjusted to fit the schedules of new committee members and would be posted on the City website when established. Mrs. Richardson moved, seconded by Mr. Johnson, to approve the following City Council committee appointments for the year 2013. Vote: Ayes—Turner, Richardson, Geer, Johnson, Walters, Pickett and Adams. Motion carried. Public Safety Committee: Brian Geer, Eric Johnson, Brad Adams Meets quarterly(as called), 3rd Monday of March, June, Sept, Dec @ 5:45pm in the Council meeting room. Public Works Committee: Bill Turner, Ryan Walters, Cynthia Richardson Meets 1st Monday of each month @ 5:45 pm in the main floor conference room Port/City Liaison Committee: Mayor Maxwell, Cynthia Richardson, Bill Turner, Eric Johnson, alternate Ryan Walters. Meets 1st Tuesday of each month @ 8:30am, Mayor's Office (even months), Port Office (odd months). Planning Committee: Brad Adams, Cynthia Richardson, Ryan Walters, alternate Bill Turner Meets 1s Monday of each month @ 5:00pm, City Hall Personnel Committee: Brad Adams, Brian Geer, Erica Pickett Meets ad hoc. Parks and Recreation Committee: Brad Adams, Erica Pickett, Ryan Walters Meets quarterly, 3rd Monday of Feb, May,Aug, Nov @ 5:45pm City Hall Finance Committee: Eric Johnson, Brad Adams, Ryan Walters, alternate Erica Pickett Meets weekly, Thursdays @ 4:00pm in the main floor conference room Traffic Safety Committee: Bill Turner, Erica Pickett, Cynthia Richardson, alternate Eric Johnson Meets Quarterly, 3rd Tuesday of Feb, May,Aug, Nov @ 9:00am City Hall COUNCIL REPRESENTATION ON OTHER COMMITTEES West Skagit Regional Fire Authority Planning Committee—Brad Adams, Brian Geer, Eric Johnson, alternate Bill Turner Skagit County Jail Task Force—Bill Turner Skagit County Marine Resources Committee—Erica Pickett Street Tree Advisory Board—Erica Pickett Public Hearing: 2012 Comprehensive Plan Amendment Planning Director Ryan Larsen summarized the information presented at the January 14, 2013 study session regarding the sole comprehensive plan amendment recommended by the Planning Commission for approval in the 2012 Comprehensive Plan and Development Regulations Amendment Process. Mr. Larsen said the amendment addresses dates and title corrections to references within the comprehensive plan. Anacortes City Council Minutes January 22, 2013 2 At approximately 7:17 p.m. Mayor Maxwell opened the public hearing on the 2012 Comprehensive Plan amendments. Hal Rooks, 1218 10th Street, observed that the proposed comprehensive plan amendment would include the 2010 Shoreline Master Program by reference but said there is an inconsistency between the 2010 SMP and the Anacortes Municipal Code zoning regulations that he urged Council to direct staff to fix. Mr. Rooks said the 2010 SMP includes a "shoreline urban" designation along the Guemes Channel that allows commercial or industrial development that is clearly not allowed in the current R2 and R3 zoning. He said adopting the 2010 SMP by reference would create an internal inconsistency in the newly amended Comprehensive Plan that would be in violation of RCW 35.70a.070. Mr. Rooks suggested adopting the 2010 SMP into the comprehensive plan but including specific language in the adopting ordinance directing staff how to resolve the inconsistency. Marilyn Wells Derig, 1302 K Avenue, said she was concerned by the issue raised by Mr. Rooks. Mrs. Derig said that if these inconsistencies persist developers could propose a commercial or industrial use based on the shoreline allowances that would not be allowed by the zoning code in R2 and R3 zones. She said these inconsistencies would at a minimum be confusing to developers and would stir up neighborhoods unnecessarily. Mrs. Derig urged Council to rectify the inconsistencies as outlined by Mr. Rooks before ratifying the proposed amendment. Ross Barnes, 1004 7th Street, stated that Ordinance 2872 amended the City of Anacortes Comprehensive Plan to incorporate the City of Anacortes 2011 Water System Plan (WSP)without required public process and said he wished to comment on two areas of the 2011 WSP before it was formally adopted. Dr. Barnes said the WSP allocates 3.4 MGD of water through 2029 to new major industrial users and that the Skagit County Coordinated Water System Plan 1999/2000 (CWSP) allocates 16 MGD of major industrial water use to Anacortes through 2050, leaving only 3.08 MGD for new industrial uses. He said that the City's 2010 contract with Tethys to provide up to 5.5 MGD until potentially 2050 violates both the WSP and the CWSP. Dr. Barnes stated that modifications to the City or County comprehensive plans or permits issued to Tethys would thus be subject to routine legal appeal. Dr. Barnes then stated that while the CWSP projects potential severe water supply deficits by 2050, the City of Anacortes "voluntarily relinquished" 9.7 MGD of interruptible water rights in 2001. He said the public deserves an explanation. Tom Glade, 210 Mansfield Court, speaking on behalf of Evergreen Islands, said the GMA requires cities and counties to consider the availability of public infrastructure and services expressly including the availability of water in planning for projected growth and developing comprehensive land use plans and making permit decisions. Mr. Glade quoted RCW 35.63.090. No one else wishing to speak, at approximately 7:26 p.m. the mayor closed the public hearing. Councilmembers discussed the inconsistencies between plans described during the public testimony and asked that the City Attorney address the question of which plan governs if an inconsistency should occur. Mr. Furlong and Mr. Larsen said they would address that issue for Council. Councilmembers discussed the fact that the City cannot amend its comprehensive plan more than once in any calendar year and whether the current established annual amendment process was still the appropriate time table for doing so. Councilmembers shared their opinions on the advisability of updating the titles and dates of referenced documents as outlined in the proposed comprehensive plan amendment, on whether the current meeting was the appropriate time to do that, and on when and how the list of documents included by reference in the comprehensive plan would most appropriately be reviewed and possibly altered to ensure consistency between the plans. Mrs. Pickett moved, seconded by Mr. Geer, to adopt the 2012 Comprehensive Plan amendment. Vote: Ayes—Geer, Pickett, Adams and Turner. Nays - Richardson, Johnson and Walters. Motion carried. Public Hearing and Resolution 1857/Ordinance 2900: Reaffirming Ordinance 2881 Concerning Interim Regulations for Adult Concessions and Adopting a Revised Work Plan City Attorney Brad Furlong advised that upon his final review of the proposed Resolution 1857 earlier in the day he determined that the business at hand should be enacted by ordinance rather than resolution. Anacortes City Council Minutes January 22, 2013 3 He recommended amending the agenda to consider Ordinance 2900 which has the same content as the advertised Resolution 1857. Mrs. Richardson moved, seconded by Mr. Geer, to amend the agenda to consider Ordinance 2900 in place of Resolution 1857. Vote: Ayes—Geer, Johnson, Walters, Pickett, Adams, Turner and Richardson. Motion carried. Mr. Larsen explained that the proposed ordinance would extend the interim regulations and work plan adopted by Ordinance 2881 from January 2013 to June 2013. At approximately 8:02 p.m. Mayor Maxwell opened the public hearing on proposed Ordinance 2900. No one wishing to speak, the mayor closed the public hearing. Mrs. Pickett moved, seconded by Mr. Turner, to adopt Ordinance 2900 entering Findings of Fact and extending Ordinance No. 2881 concerning interim regulations for adult concessions and adopting a revised work plan. Vote: Ayes—Johnson, Walters, Pickett, Adams, Turner, Richardson and Geer. Motion carried. Resolution 1858: Authorizing the Write-off of Miscellaneous Billing Balances Deemed Uncollectible Finance Director Steve Hoglund presented a resolution authorizing the write-off of miscellaneous billing amounts deemed uncollectible. Mr. Hoglund explained the circumstances surrounding each of the three accounts proposed to be written off. Mr. Turner recused himself from the discussion because he is a member of the Rotary Club whose balance would be written off. Mr. Johnson moved, seconded by Mr. Geer, to authorize the write off of miscellaneous billing balances as outlined in Resolution 1858. Vote: Ayes—Walters, Pickett, Adams, Richardson, Geer and Johnson. Motion carried. Ordinance 2898: Revising Rates Charged for Sale of Water to Wholesale and Industrial Contract Customers Mr. Hoglund reviewed the components of the water rates for the City's wholesale and industrial water customers including fixed and variable operating costs and capital costs. He presented an ordinance to update the capital costs for those customers effective January 1, 2013. Mr. Hoglund said current contracts with the wholesale and industrial customers include a provision to revise the capital rates in 2013 after finalizing the long term debt service for the Water Treatment Plant improvements. Mrs. Richardson moved, seconded by Mr. Johnson, to approve Ordinance 2898 relating to the City water utility and water supply system; setting rates and charges pursuant to water supply agreements with certain regional wholesale and industrial customers; amending section 13.32.050 Anacortes Municipal Code; repealing Ordinances 2851 and 2855; and, ratifying and confirming prior acts. Vote: Ayes—Pickett, Adams, Turner, Richardson, Geer, Johnson and Walters. Motion carried. Contract Award: 22nd Street and R Avenue Roundabout Design - Reichhardt& Ebe Assistant City Engineer Eric Shjarback referred to his January 7, 2013 presentation to Council on the proposed roundabout at the intersection of 22nd Street and R Avenue. Mr. Shjarback requested Council authorization to award a contract to Reichhardt& Ebe Engineering, Inc. in the amount of$64,781.69 to assist in the development of a 30% design for the roundabout which would allow permitting to begin. He noted that the project is not yet fully funded but that existing grant funds will be used for the design contract with a 13.5% match by the City. In response to councilmember queries, Mr. Shjarback assured that the design will be informed by discussions with local industry and that the 30°/0 findings would come to Council for public presentation and comment before final plans are drawn. Mr. Johnson moved, seconded by Mr. Turner, to authorize approval of the contract. Vote: Ayes—Adams, Turner, Richardson, Geer, Johnson, Walters and Pickett. Motion carried. Executive Session— Fifteen (15) Minutes At approximately 8:25 p.m. Mayor Maxwell announced that City Council and City Attorney Brad Furlong would convene in Executive Session for approximately fifteen minutes to discuss a possible real estate acquisition about which open session discussion could affect the price and also to update Council about potential litigation and would reconvene without further action. At approximately 8:45 p.m., without taking any further action, the regularly scheduled Anacortes City Council meeting of January 22, 2013 was adjourned. Anacortes City Council Minutes January 22, 2013 4