HomeMy WebLinkAbout2013-05-06 City Council Minutes Approved o Y Off`
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City Council Minutes—May 6, 2013
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
May 6, 2013 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Bill
Turner, Cynthia Richardson and Brian Geer.
Executive Session
At 7:00 p.m. Mayor Maxwell announced that the City Council would convene in executive session for
approximately twenty minutes subject to RCW 42.30.110.1(i) and would reconvene with no further action
on that agenda item. City Attorney Brad Furlong and legal counsel Susan Elizabeth Drummond joined the
executive session.
At 7:20 p.m. City Council returned to the Council chambers. The assembly recited the pledge of
allegiance.
Minutes of Previous Meeting
Mrs. Richardson moved, seconded by Mrs. Pickett, that the minutes of April 15, 2013 and April 22, 2013
be approved with a correction to the April 15, 2013 minutes regarding Ordinance 2902 to replace
"moratorium"with "interim ordinance" on the seventh line of the first paragraph. Vote: Ayes—Walters,
Pickett, Adams, Turner, Richardson, Geer and Johnson. Mr. Geer abstained from voting on the minutes
of April 15, 2013 because he was not in attendance at that meeting. Motion carried.
Citizen Hearings
Marilyn Wells Derig, 1302 K Avenue, spoke on behalf of the WV Wells Testamentary Trust, her sister
Diane Wells Musgrave and herself on what she termed a legislative matter that can be openly discussed.
Mrs. Derig referenced materials she provided to Council on March 26, 2013 regarding an inconsistency
between the 2010 Shoreline Master Program and the Comprehensive Plan as amended in January 2013.
Mrs. Derig said that internal inconsistencies in comprehensive plans violate the Growth Management Act
and that the inconsistency could be easily resolved by changing the environmental designation in the
Shoreline Master Program from Urban to Shoreline Residential from B Avenue to H Avenue along the
Guemes Channel. Mrs. Derig said that this should be addressed now, not as part of the Shoreline
Amendment process in 2016 or 2019. She said the parties she represents have filed an appeal to the
Growth Hearings Board but urged the city to settle the matter rather than spending taxpayer money to
complete the appeal process.
Jack Arrington, 5009 Croatian Way, spoke against the proposed roundabout at 22nd Street and R Avenue.
Mr. Arrington said that he applauded the Commercial Avenue roundabout but that the current plan is a
boondoggle to get grant money. He said the $1.1M of federal money is largely restricted to address safety
issues so this roundabout was listed as a safety project but when he asked at the open house earlier in
the day how many accidents there had been at the intersection there weren't any statistics available. Mr.
Arrington reminded that federal money is not free money and asked Council to be prudent in its
custodianship of the people in the city.
Wilhelmus Houppermans, 3412 K Avenue, referred to the provisional jail agreement item on agenda and
said the best jail is an empty jail. He said most people sent to jail have fallen into drug addiction and that it
would be much better to spend the money curing that and getting back productive citizens.
Mayor/Council Communication and Committee Reports
Mrs. Pickett thanked the Anacortes Rotary Club for helping to tear out invasive ivy on Cap Sante and for
giving the City$2K to help pay the Whatcom jail crew to continue that work in November.
Mr. Geer thanked the community for the great turnout and generosity at the benefit Improv performance
at the high school on Friday night.
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Mr. Johnson said the Anacortes Kiwanis Aktion Club e-cycle program will occur on the second Saturday
of May from 10 a.m. to 2 p.m.
Mrs. Richardson reported on the Planning Committee meeting earlier in the evening. She said Assistant
Planning Director Don Measamer is working on the parking code which will go to the Traffic Safety
Committee on May 22 and then back to Council in early June. She said final wording for assisted
living/congregate care/nursing home code changes will be sent to the Planning Commission for public
review before coming back to Council. She said Title 19 will come back to Council in June. She said staff
is working on a table of Terry Christiansen's suggested amendments and that will come back to Council
with a Planning Committee recommendation in June. She concluded that on May 8 the Planning
Commission would look at the twelve comprehensive plan/development regulation proposals submitted
for docketing for 2013 and would send the list to Council with a recommendation for action in June.
Mr. Turner reported from the Public Works Committee which discussed the 22nd Street and R Avenue
roundabout and pavement assessment and replacement modeling. He pointed out that modest repairs
early on preserves the life of streets and said the City is pursuing sources of revenue.
Mr. Adams announced that the Anacortes Farmer's Market kicks off on Saturday and runs all the way
through October.
Mayor Maxwell announced the Port/City Liaison meeting at the Port the following morning.
Unfinished Business -Ordinance 2902: Adult Concessions
Planning Director Ryan Larsen presented a final draft of Ordinance 2902, Adult Concessions, revised
consistent with Council direction at prior meetings and City Attorney review. Mr. Larsen highlighted the
most recent changes including Mr. Furlong's recommendation for the language regulating signage. Mr.
Larsen mentioned one last change not yet incorporated into the draft: Section 1, Item 12, change
"requiring"to "limiting" and change "industrial zone"to"light manufacturing zone". Mrs. Pickett said it
should say LM1, not LM. Mr. Larsen agreed. Mr. Johnson asked why the revised sign language did not
limit signs to text only. Mr. Furlong explained the constitutional limits to such prohibitions. Mrs. Richardson
said she had a few additional minor grammatical changes that she would forward to Mr. Larsen. Mrs.
Richardson moved, seconded by Mr. Adams, to pass Ordinance 2902 adopting controls and zoning
controls relating to adult concessions as presented that evening with the correction discussed to Section
1, Item 12 and with her minor grammatical corrections. Vote: Ayes— Pickett, Adams, Turner, Richardson,
Geer, Johnson and Walters. Motion carried.
Consent Agenda
Mr. Johnson moved, seconded by Mr. Geer, 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 April 18, 2013, April 25, 2013 and May 2, 2013 are approved for payment as of May 6, 2013.
Claims: Check Numbers 68348 through 68535 in the total amount of$1,758,776.43
EFT Claims: Check Numbers 68345 through 68347 in the total amount of$2,785.00
Pre-Written Claims: Check Number 68344 in the total amount of$344.00
Payroll for April 19, 2013 in the total amount of$586,079.48
Check Numbers 38222 through 38255 in the total amount of$26,199.36
Direct Deposit Numbers from 48793 through 48990 in the total amount of$354,792.11
EFT Numbers from 1532 through 1538 in the total amount of$205,088.01
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Payroll for May 3, 2013 in the total amount of$839,273.07
Check Numbers 38256 through 38296 in the total amount of$36,340.58
Direct Deposit Numbers from 48991 through 49198 in the total amount of$599,237.22
EFT Numbers from 1539 through 1543 in the total amount of$203,695.27
Cancelled Checks
Check Number 38230 in the amount of$604.00
In the same motion Council:
Accepted as complete the 28th Street Playground project(Contract 12-034-IDS-001, Steele &
Associates);
Approved a Street Fair Application for the Anacortes Waterfront Festival on June 1, 2013 from 10
a.m. to 6 p.m. and June 2, 2013 from 10 a.m. to 5 p.m.;
Approved a Street Fair Application for the Anacortes Arts Festival for August 1, 2013 at 5 p.m.
through August 4, 2013 at 8 p.m.; and
Approved a Street Fair Application for Shipwreck Days on July 20, 2013 from 8 a.m. to 4 p.m.
Skagit County Jail Provisional Agreement
City Attorney Brad Furlong presented the provisional agreement from Skagit County which he said had
been accepted by Burlington and Mount Vernon and would be before Sedro-Woolley on May 8. Mr.
Furlong summarized the terms of the provisional agreement and called it a big first step towards an
interlocal agreement for the construction and operation of a new jail. He referenced the April 30, 2013
letter from Skagit County Administrator Tim Holloran, included in the Council packet, providing more
details about the jail project. Mayor Maxwell advised that the new jail would provide drug and mental
health programming to help reduce recidivism. Mr. Walters disclosed per RCW 42.23.040 that he is an
employee of the contracting party [Skagit County] so he would not be voting on the agreement or
attempting to influence any other City elected official about it. Mr. Turner moved, seconded by Mr. Geer,
to approve the provisional jail agreement with Skagit County in conjunction with the clarification letter from
Skagit County of April 30, 2013 and the reply from the City Attorney of Anacortes dated May 1, 2013 and
authorize the mayor to sign the provisional agreement once all four cities have approved it. Mrs.
Richardson asked that the agreement date be changed from April to May prior to signature. Mr. Furlong
agreed. Vote: Ayes—Turner, Richardson, Geer, Johnson, Pickett and Adams. Abstain—Walters. Motion
carried. County Commissioners Ron Wesen and Sharon Dillon and County Administrator Tim Holloran
thanked Anacortes for its support of the agreement.
Resolution 1864: Tourism Promotion Fund Contracts
Mr. Larsen introduced Resolution 1864 approving two tourism fund contracts: $500 to the Farrington
Foundation/Boys and Girls Club of America for the "Why I Love My State Park"Youth Film Contest and
$1500 to the Mt. Baker Youth Symphony for advertising for the Sounds of Summer Music Festival. He
said staff recommended approval of the resolution. Mr. Geer moved, seconded by Mr. Johnson, to
approve Resolution 1864 authorizing execution of the Tourism Promotion Fund contracts for the year
2013 by and between the City of Anacortes and two agencies. Vote: Ayes—Richardson, Geer, Johnson,
Walters, Pickett, Adams and Turner. Motion carried.
22nd/R Avenue Roundabout 30% Design Update and Presentation
Assistant City Engineer Eric Shjarback reported on the open house held earlier in the day to present the
30% design for the roundabout at 22nd Street and R Avenue. He mentioned some of the comments
received from attendees. Mr. Shjarback reminded that the roundabout is one phase of the overall
R Avenue corridor design to increase safety for the entire corridor. He said the roundabout has a section
on the Engineering page of the City website where he would post accident statistics for the corridor. Mr.
Shjarback introduced Patrick McGrady and Amanda Ruksznis from design consultant Reid Middleton. Mr.
McGrady presented a synopsis of the roundabout design and how it will accommodate super large truck
loads. Mr. McGrady addressed questions from councilmembers about the design and safety features of
the roundabout.
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Capital Facilities Plan and Annual Budget Schedules
Senior Accountant Philip Steffen presented the 2014-2019 Capital Facilities Plan calendar and the 2014
budget calendar. Mr. Steffen summarized the status of the CFP development to date, then reviewed the
schedule for transmitting the Plan to Council and opportunities for public comment prior to approval in
August. He then reviewed the budget calendar beginning with the June 17 opening of the budget season
through public comment and Council review prior to Council approval in November.
Finance Update
Finance Director Steve Hoglund presented a brief update on the state of the City's finances through the
first quarter of 2013. He reviewed General Fund revenues and expenditures and concluded that revenues
are at 24.7% of budget and expenditures are at 26% of budget after the first quarter before correcting for
front loaded expenses. Mr. Hoglund noted that sales tax revenue continues to strengthen compared to
prior year and that real estate excise tax (REET) is also up over the prior year. He said that in the other
funds all revenues and expenditures were tracking in accordance with budget. Mr. Hoglund explained that
that Funds 105 and 108 would need budget amendments to roll unspent 2012 budget for capital projects
into 2013. He advised that he would bring a budget amendment for those funds to Council for action on
the consent agenda at the May 20, 2013 regular meeting.
Construction Contract 05-014-WTR-012 for WTP Improvements (IMCO) Change Order 7
Assistant City Engineer Matt Reynolds requested Council approval to issue Change Order 7 to IMCO
General Construction, Inc. for the Water Treatment Plant Improvement Project. Mr. Reynolds explained
that this change order includes a number of separate items for a total net increase of$454,861.20
including sales tax. Mrs. Richardson observed that the project still has an extremely low change order
rate,just over 3%, and offered kudos to the management team. Mayor Maxwell advised there would be
one last change order following Change Order 7. Mr. Adams moved, seconded by Mr. Turner to approve
Change Order 7 with IMCO General Construction, Inc. for Water Treatment Plant improvement project
contract 05-014-WTR-012 in the amount of$454,861.20. Vote: Ayes—Geer, Johnson, Walters, Pickett,
Adams, Turner and Richardson. Motion carried.
Contract Award: Safe Routes to School, Phase 2 - Bike Shelter
Public Works Director Fred Buckenmeyer recalled that at the April 15, 2013 regular City Council meeting
Council approved award of a contract for the Safe Routes to School Phase 2 bike plaza to Combined
Construction. He said that Combined Construction had since advised that it cannot meet the bonding
required by the project's federal funding. Mr. Buckenmeyer said the RCW and WSDOT specifications
state that in such a case the City may award to the next lowest bidder. Mr. Buckenmeyer recommended
awarding the contract to second low bidder Scimitar Construction for$37,448.13. Mr. Walters moved,
seconded by Johnson, to approve the award as proposed. Vote: Ayes—Johnson, Walters, Pickett,
Adams, Turner, Richardson and Geer. Motion carried.
There being no further business, at approximately 8:50 p.m. the regularly scheduled Anacortes City
Council meeting of May 6, 2013 adjourned.
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