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City Council Minutes— November 4, 2013
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
November 4, 2013 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad
Adams, Bill Turner and Cynthia Richardson. Brian Geer was absent. The assembly joined in reciting the
Pledge of Allegiance.
Minutes of Previous Meeting
Mr. Johnson moved, seconded by Mr. Turner, that the minutes of October 21, 2013 and October 28, 2013
be approved as if read. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson and Johnson. Motion
carried. Mrs. Richardson abstained from voting on the minutes of October 28, 2013 because she was not
present at that meeting.
Citizen Hearings
No one present wished to speak.
Mayor/Council Communication and Committee Reports
Mayor Maxwell announced the Port/City Liaison meeting at the Port offices on November 5, 2013.
Mr. Johnson reflected on the recent fatal traffic accident at SR20 and Gibralter Road, the apparent
increase in the number of impaired drivers on the road, and stricter State penalties for such violations. He
urged Council to consider taking local action as well, including both incentives such as taxi service for
impaired drivers and disincentives such as publishing the names and records of repeat offenders. Mr.
Turner urged that all drivers be treated equally regardless of income level. Mayor Maxwell said staff would
research options and continue to emphasize DUI enforcement to avoid such tragedies.
Consent Agenda
Mr. Johnson moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote:
Ayes— Pickett, Adams, Turner, Richardson, 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 October 24, 2013 and October 31, 2013 are approved for payment as of November 4, 2013.
Claims: Check Numbers 70247 through 70394 in the total amount of$590,650.02
EFT: Check Number 70246 in the total amount of$1,777.00
Pre-Written Checks: Check Number 70245 in the total amount of$239.45
Cancelled Checks:
Check Number 66926 in the amount of$14.40
Check Number 61427 in the amount of$17.00
Check Number 64814 in the amount of$25.15
Check Number 65482 in the amount of$61.25
Check Number 65765 in the amount of$12.00
Check Number 65981 in the amount of$44.65
Check Number 66163 in the amount of$10.00
Check Number 66350 in the amount of$18.00
Check Number 66888 in the amount of$37.00
Anacortes City Council Minutes November 4, 2013 1
Public Hearing: 2014 Proposed Budget and Revenue Sources
Finance Director Steve Hoglund announced that Washington state law requires a public hearing on the
proposed budget and associated revenue sources. He advised that the City's revenue projections for
2014 include a 1% property tax increase. Mr. Hoglund said he would come back to Council on
November 18, 2013 to request approval of a resolution adopting a 1% property tax increase for 2014 and
an ordinance adopting the proposed 2014 budget. At approximately 7:09 p.m. Mayor Maxwell opened the
public hearing. No one wishing to speak, the mayor closed the public hearing.
Resolution 1875: Amendment to the US Constitution Regulating Corporate Political Spending and
Campaign Financing
Mayor Maxwell reminded that after the Citizens Ignited presentation on this topic at the
September 9, 2013 study session Councilmembers indicated interest in supporting the effort. The mayor
said that Mr. Walters had provided a draft resolution and Mrs. Pickett and the mayor had drafted a letter
to Anacortes' congressional delegation, both of which were in the Council packet for the evening. Mayor
Maxwell invited public comment on the proposed resolution.
Gail Nicolls, 7802 West Shore Drive, speaking on behalf of Citizens Ignited, thanked Council for
considering the resolution and said that Citizens Ignited had collected 1000 signatures from Anacortes
registered voters in support of a constitutional amendment.
No one else in the audience wished to comment.
Mayor Maxwell read the proposed letter to the congressional delegation.
Mr. Adams inquired why the proposed resolution was more in depth than what was adopted by the city of
Langley. Mr. Walters explained that given the complexity of election law and first amendment rights, he
was proposing a less specific resolution supporting a return to the election law framework in place prior to
the 2010 Citizens United v. Federal Election Commission ruling. Mr. Johnson and Mrs. Richardson
supported that idea. Mrs. Pickett and Mr. Adams commented on the potential effects of outside corporate
financing on local elections. Mr. Turner spoke in support of the resolution. Mr. Johnson moved, seconded
by Mr. Turner, to adopt Resolution 1875 supporting an amendment to the United States Constitution to
regulate corporate political spending and campaign financing. Mr. Walters advised that the draft
resolution in the Council packet included two typographical errors: "Police" should be "Policy" and "ad"
should be "and" between "nuanced" and "complex". Mr. Johnson and Mr. Turner amended the motion to
include correction of those errors. Vote: Ayes—Adams, Turner, Richardson, Johnson, Walters and
Pickett. Motion carried.
Noise Variance Request: In-water Work at Wyman Mitigation Site (Strider Construction)
Senior Planner Libby Grage presented a request for noise variance from Strider Construction for in water
work as part of the Port of Anacortes' Wyman Habitat Mitigation project. Ms. Grage explained that the
Shoreline Substantial Development Permit issued by Council in December 2012 limited construction
hours to 7 a.m. to 7 p.m. and that WAC 173-60 requires a variance for operations above established
noise levels after 10 p.m. She said that Strider Construction had requested a variance to conduct
dredging operations between the hours of 7 p.m. and 7 a.m. on five nights in November(November 6, 7,
8, 19 and 20) because the tidal cycles in November do not provide sufficient daylight hours to work along
the shoreline. Ms. Grage reported that the request was consistent with the criteria for granting a variance
and because the requested variance duration was less than 30 days no public notice or public hearing
were required. She recommended approval of the request. Mrs. Richardson confirmed with the
contractor's representative that the night work would not involved rock hammering.
Mayor Maxwell invited public comment on this agenda item. No one present wished to speak.
Mr. Walters moved, seconded by Mr. Adams, to find that compliance with WAC 173-60 could not be
achieved because of special circumstances rendering compliance unreasonable in terms of economic or
physical factors, in this case tide cycles, and authorize work to occur outside of the hours of 7 a.m. to 7
Anacortes City Council Minutes November 4, 2013 2
p.m. for November 6, 7, 8, 19 and 20. Vote: Ayes—Turner, Richardson, Johnson, Walters, Pickett and
Adams. Motion carried.
Surplus Equipment
Public Works Director Fred Buckenmeyer requested that Council declare surplus a list of sixteen items of
equipment including vehicles, sail boats, pumps, generators and lawn mowers. He recommended that
Council declare these items surplus and authorize their sale or destruction as indicated in the packet
memo. Mayor Maxwell confirmed that vehicles 40, 42 and 43 would be removed from the City's
insurance policy. Mrs. Richardson moved, seconded by Mr. Johnson, to authorize surplus of the listed
equipment. Vote: Ayes— Richardson, Johnson, Walters, Pickett, Adams and Turner. Motion carried.
Resolution 1876: Sole Source Designation for WWTP Controls Contractor and Contract Award:
WWTP Controls Work (Quality Controls Corporation)
Assistant City Engineer Matt Reynolds presented a draft resolution authorizing sole source designation
for controls work at the City's Wastewater Treatment Plant(WWTP). He explained the complexity of the
controls system and the various upcoming projects that would require an instrumentation and controls
contractor. Mr. Reynolds said that because the plant has to be in continuous operation, it was highly
desirable to have consistency in the design and implementation of the controls improvements and work
with a contractor familiar with the plant's operation. He stated that Quality Controls Corporation (QCC)
had been working at the WWTP for quite some time and had always done excellent work for the City,
including at the Water Treatment Plant. Mr. Reynolds requested approval of the resolution authorizing
single source designation and authorizing Public Works Director to carry out that authorization. Mr.
Reynolds also requested approval to enter into a contract with QCC in the amount of$58,870.54 for
controls work on two upcoming projects, the Non Potable Water System Pump System and the Scrubber
Recirculation Pump System improvements.
Mr. Johnson observed that the sole source designation resolution did not have an end date. Mayor
Maxwell explained that each proposed contract with QCC under the sole source designation would come
back to Council for approval. Mrs. Richardson clarified with Mr. Reynolds that QCC would design but not
install the controls and would be operating under a professional services contract.
Mrs. Richardson moved, seconded by Mr. Johnson, to approve Resolution 1876 making findings
pursuant to RCW 39.04.280, authorizing certain single source designations for the city wastewater
treatment plant improvement projects, and authorizing the Public Works Director to carry out this
authorization; and to authorize hiring QCC for instrumentation and controls work associated with the Non
Potable Water System Pump System and Scrubber Recirculation Pump System improvement projects in
the amount of$58,870.54. Vote: Ayes—Johnson, Walters, Pickett, Adams, Turner and Richardson.
Motion carried.
There being no further business, at approximately 7:45 p.m. the regularly scheduled Anacortes City
Council meeting of November 4, 2013 adjourned.
Anacortes City Council Minutes November 4, 2013 3