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Home My WebLink About2013-06-17 City Council Minutes Approved C.) ,coR„ City Council Minutes—June 17, 2013 At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of June 17, 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. Geer moved, seconded by Mrs. Richardson, that the minutes of June 3, 2013 and June 10, 2013 be approved with the following correction to page 2, final paragraph of the June 3 minutes "... property along the water north of 28th Street". Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried. Citizen Hearings Marilyn Derig, 1302 K Avenue, distributed to councilmembers copies of her comments and of a May 31, 2013 letter from attorney Susan Elizabeth Drummond to attorney Gerald Steel and a June 10, 2013 response from Mr. Steel to Ms. Drummond both relating to Growth Management Hearings Board, Western Region, Cause No. 13-2-00017 regarding a requested 2010 Shoreline Master Program Amendment. Mrs. Derig stated that the cost of processing an SMP amendment will be less than the cost of processing a limited Comprehensive Plan amendment and less than the cost of continuing the Growth Management Hearing Board proceedings. She reiterated the reasons for the requested SMP amendment. She asked that at least two members of the City Council Planning Committee be authorized to meet with the two attorneys to discuss staying the GMHB proceedings and processing an SMP amendment. Mayor/Council Communication and Committee Reports Mayor Maxwell read a statement proclaiming June 23-29, 2013 Soroptimist International of Fidalgo Island Week in Anacortes and urged the community to congratulate the members of the club for 13 years of volunteer service to improve the lives of women and girls in Anacortes and around the world. Emily Schuh thanked the mayor on behalf of the Soroptimist International of Fidalgo Island (SIFI). Mayor Maxwell asked Council to appoint of Fred Curow to the City Improvement Board representing Ward 3. He reported that Ward 3 Councilmember Eric Johnson and Planning Director Ryan Larsen both recommended the appointment. Mr. Johnson moved, seconded by Mr. Geer, to appoint Fred Curow to the City Improvement Board representing Ward 3 for a four-year term expiring March 2017. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, Johnson and Walters. Motion carried. Finance Director Steve Hoglund advised that items proposed for inclusion in the 2014-2019 Capital Facilities Plan had been posted on the City website as part of the Council Packet materials. He asked that councilmembers review the projects and advise the City Clerk's office of any questions so they could be addressed during the CFP discussion at the June 24, 2013 study session. Mayor Maxwell invited councilmembers to let him know about any items they would like to have addressed in the 2014 budget before staff begins budget preparation. Mr. Geer congratulated Recreation Coordinator Nicole Johnston on a successful Bark in the Park event over the weekend. Mrs. Pickett announced that Transition Fidalgo would be hosting a speaker from Cedar Grove Composting addressing the topic of compostable plastics at 7:00 p.m. on June 18, 2013 at the Anacortes Public Library. Mr. Johnson reported that the Public Safety Committee met earlier in the evening and discussed the interlocal agreement for the new jail, personnel changes in the Anacortes Police Department including the retirement of Marie Padovan, and challenges of coordinating the communications systems used by the police and fire departments. Anacortes City Council Minutes June 17, 2013 1 Consent Agenda Mr. Turner moved, seconded by Mr. Geer, to approve Consent Agenda items (a)through (g). Mr. Johnson requested that Item (c) be removed from the Consent Agenda. Mr. Walters requested that Item (b) be removed from the Consent Agenda. Mr. Turner and Mr. Geer agreed to amend the motion. 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 June 6, 2013 and June 13, 2013 are approved for payment as of June 17, 2013. Claims: Check Numbers 68818 through 68982 in the total amount of$383,590.40 EFT Claims: Check Number 68817 in the total amount of$1,105.00 Payroll for June 5, 2013 in the total amount of$852,991.00 Check Numbers 38337 through 38406 in the total amount of$44,711.19 Direct Deposit Numbers from 49395 through 49600 in the total amount of$599,392.77 EFT Numbers from 1549 through 1553 in the total amount of$208,887.04 In the same motion Council: Accepted as complete the 2013 Waterline Replacements Project (Contract 13-007-WTR-001 with C. Johnson Construction, Inc.); Approved the Street Fair Application for the Eagles Annual BBQ from 7: 00 a.m. to 8:00 p.m. on June 22, 2013, July 20, 2013, and August 16-18, 2013; Authorized the mayor to sign the Findings of Fact, Conclusions of Law and Decision for the Allen Fourplex Conditional Use Permit(CUP-2013-0002); and Approved Ordinance 2905 adopting the 2012 International Building Codes with Washington State Amendments effective July 1, 2013. Regarding Item (b), Resolution 1866 establishing the docket of proposed Comprehensive Plan and Development Regulation amendments to be reviewed in 2013, Mr. Walters said that the resolution included a schedule and suggested that more time may be required to fully discuss and possibly modify the proposed Comprehensive Plan amendments included on the docket. Mrs. Richardson agreed that more discussion was needed about how to deal with these larger issues. City Attorney Brad Furlong advised that once proposals are docketed they are subject to modification before Council takes action but that the scope of the environmental review must be broad enough to include any potential changes. Regarding Item (c), the L-District Cured in Place Pipe (CIPP) Project(Contract 11-045-SEW-002 with Insituform Technologies, LLC), Mr. Johnson asked that in the future the Notice of Physical Completion for completed projects indicate how much the contractor estimated for the project vs. the actual final cost. Mrs. Richardson moved, seconded by Mr. Johnson, to adopted Resolution 1866 establishing the docket of proposed Comprehensive Plan and Development Regulation amendments to be reviewed in 2013 and to accept as complete the L-District Cured in Place Pipe (CIPP) Project(Contract 11-045-SEW-002 with Insituform Technologies, LLC). Vote: Ayes—Turner, Richardson, Geer, Johnson, Walters, Pickett and Adams. Motion carried. Washington State Department of Ecology Request for Noise Variance -Custom Plywood Mill Site Assistant Planning Director Don Measamer advised that the Washington State Department of Ecology Toxic Cleanup Program had requested a noise variance for the in water portion of the Custom Plywood Mill site clean up project to allow the contractor to work at night when the high tide on which the dredging operation depends falls between 10 p.m. and 7 a.m. Mr. Measamer said that because the period of the requested noise variance exceeds 30 days, notice was mailed to all property owners within 300 feet of Anacortes City Council Minutes June 17, 2013 2 the site and also published in the Anacortes American. He said that the only comment received in response to the notice was not related to the noise variance. Mrs. Richardson observed that the variance as written would allow the contractor to operate 24 hours a day for six months except Sundays. She asked that the variance include the phrase"as necessitated by tidal and weather conditions". Councilmembers discussed the nature of the work, variances granted for similar projects in the past, and the potential impacts to the contractor and the clean up project timeline if the variance were not granted. Mr. Walters suggested adopting a local noise ordinance so that future noise variance requests could be handled administratively. Mr. Walters moved, seconded by Mrs. Richardson, that Council find that compliance with WAC 173-60 cannot be achieved because of special circumstances rendering compliance unreasonable in terms of economic and physical factors (tides)and that Council allow the variance incorporating the phrase "as necessitated by tidal and weather conditions". Vote: Ayes— Richardson, Geer, Johnson, Walters, Pickett, Adams and Turner. Motion carried. Ordinance 2906: Truck Routes and Weight Limits Mayor Maxwell removed this item from the agenda and said it would come back to Council after revisions. Contract Award: Q Avenue Utilities Improvement Project Public Works Director Fred Buckenmeyer requested Council approval to award a contract for Q Avenue utility improvements (water, sewer and sidewalk) between 4th and 11th street. He advised that the work would occur between the Arts Festival and the Oyster Run so as not to disrupt those community events. Mr. Buckenmeyer reported that the City received five bids for the work with the low bid from Welch Brothers Construction who has worked successfully with the City many times in the past. He added that the Engineer's Estimate was $330,956.75. He said staff recommended awarding the contract to Welch Brothers for its bid amount of$289,013.14. Mr. Geer moved, seconded by Mr. Adams, to approve the contract award to Welch Brothers Construction. Vote: Ayes—Geer, Johnson, Walters, Pickett, Adams, Turner and Richardson. Motion carried. Approval to Purchase Fire/EMS Communication Equipment(Grant Funded) Fire Chief Richard Curtis and Division Fire Chief Jack Kennedy presented an overview of the department's communication system and the FEMA grant awarded in March to upgrade the regional communication system and asked for Council for approval to purchase the communications equipment that forms the first phase of the grant. Chief Curtis explained that the FEMA grant is a three-phase regional grant that will fund equipment used by Fire Districts 11, 13 and 17 as well as the Anacortes Fire Department which will serve as the lead agency for the grant. The Chief said that Phase I will upgrade mobile and portable radio equipment for$388,948, Phase II will install mobile repeaters and mobile data computers for$142,300, and Phase III will add infill repeaters to the existing tower on Guemes Island. He presented a table listing each agency's share of the costs for each phase and said for Phase III other partners may join in to help fund the 10% match required by the grant. He explained the Western States Contracting Alliance radio purchasing contract and said that Motorola will offer a trade in discount valued at$75K for the department's existing 33 mobile radios and 133 portable radios if the Phase I radio order is placed by June 25. Division Fire Chief Jack Kennedy then provided a more in depth presentation describing the communication system used county-wide to dispatch emergency calls, the challenges of maintaining communications with lower powered, portable radios than those for which the system was designed, the effects of federally mandated narrowbanding that occurred earlier this year, the recommendations from the communications consultant on how to improve coverage, and how the grant- funded equipment will help accomplish that. Mr. Geer moved, seconded by Mr. Turner, to approve Phase I. Chief Curtis clarified that his request was for approval to spend $388,948 for Phase I radios, 90% of which will be reimbursed by the FEMA grant and 10% of which will be shared by the four fire districts with $13,902 estimated to be the share for Anacortes. Vote: Ayes—Johnson, Walters, Pickett, Adams, Turner, Richardson and Geer. Motion carried. Executive Session— Fifteen (15) Minutes At approximately 8:04 p.m. Mayor Maxwell announced that City Council and City Attorney Brad Furlong would convene in Executive Session for approximately fifteen minutes per RCW 42.31.10 to discuss potential litigation and would reconvene without further action. At approximately 8:20 p.m., without further action, the regularly scheduled Anacortes City Council meeting of June 17, 2013 was adjourned. Anacortes City Council Minutes June 17, 2013 3