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City Council Minutes—March 5, 2012
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
March 5, 2012 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams,
Cynthia Richardson and Brian Geer. Bill Turner was absent.
Mayor Maxwell introduced Girl Scout Troup 40781 who led the assembly in the Pledge of Allegiance and
recited the Girl Scout Pledge.
Minutes of Previous Meeting
Mrs. Richardson asked that the minutes of February 21, 2012 be corrected to reflect under Citizen
Hearings that Terry Christiansen provided Council with a CD including his proposed changes to the entire
Anacortes Municipal Code, not just the development regulations. Mrs. Richardson moved, seconded by
Mr. Geer, that the minutes of February 21, 2012 and February 27, 2012 be approved as corrected. Vote:
Ayes—Walters, Pickett, Adams, Richardson, Geer and Johnson. Motion carried.
Citizen Hearings
Patti Pattee, 1302 6th Street and owner of Watermark Book Company at 612 Commercial Avenue,
announced that April 23, 2012 is the second annual World Book Night which began in the UK last year.
On that day free books will be given away to spread the joy and love of reading and promote the value of
reading, of printed books, of libraries and of bookstores to our community. Ms. Pattee invited the public to
stop by the store or visit worldbooknight.org for more information.
Mayor/Council Communication and Committee Reports
Proclamation: Celebrating 100 Years of Girl Scouts: Mayor Maxwell read a statement proclaiming 2012
the Year of the Girl in Anacortes in recognition of 100 years of leadership of the Girl Scouts of the United
States of America and the Girl Scouts of Skagit County for their commitment to make our community a
better place.
Mayor Maxwell announced the Port/City Liaison meeting on March 6, 2012 at 8:30 a.m. at the Port of
Anacortes offices.
Mr. Johnson announced that the Kiwanis Aktion Club is seeking a new home for its electronics recycling
program. He said the group needs a space about three days a month where they can use a pallet jack.
Mr. Johnson reported that in three years the club has responsibly recycled 250,000 pounds of computers.
He said anyone with a lead on space available should contact Mr. Johnson.
Mrs. Richardson reported that the City Council Planning Committee met that afternoon and went over
what they would like to work on this year. She said the committee will work through the sections of the
zoning code that define the zoning districts, starting with the residential zones, focusing on permitted and
conditional uses in each zone and comparing the language across zones to achieve greater consistency.
She said the committee will share its work with the full Council periodically for feedback before formally
introducing any changes for public hearing and possible action. Mrs. Richardson introduced a matrix
prepared by Senior Planner Libby Grage showing the conditional uses in each zone and said the
committee hopes this will evolve into a useful tool for the public. Mrs. Richardson also announced that at
its next meeting Council would begin its review of AMC Chapters 16, 17, 18 and proposed new Chapter
19 and suggested an order for conducting that review. Finally, Mrs. Richardson said the committee
acknowledged it will take many hours to conduct the entire review and suggested that perhaps a period of
time at every meeting, regular or study, over the next several months, could be set aside for this ongoing
discussion rather than trying to schedule additional meetings.
Anacortes City Council Minutes March 5, 2012 1
Ordinance: 2011 Comprehensive Plan and Development Regulation Amendments
Planning Director Ryan Larsen presented an ordinance codifying two amendments to the City's
development regulations per City Council direction at the February 6, 2012 and February 21, 2012
meetings. Mr. Johnson moved, seconded by Mr. Geer, to approve Ordinance 2871 amending Chapter
16.20 Design and Improvement Standards and Chapter 17.34 Residential Medium Density District (R3) of
the Anacortes Municipal Code (AMC). Mr. Adams observed that the amendments had been thoroughly
discussed and that Council was ready to take action without further discussion. Vote: Ayes— Pickett,
Adams, Richardson, Geer, Johnson and Walters. Motion carried.
Consent Agenda
Mr. Geer moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote: Ayes—
Adams, 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 February 23, 2012 and March 1, 2012 are approved for payment as of March 5, 2012.
Claim Checks
February 2012: Check Numbers 63645 through 63776 in the total amount of$223,118.62
Prewritten Claims
February 2012: EFT Number 63644 in the total amount of $250.00
Payroll for March 5, 2012 in the total amount of $827,422.30
Check Numbers 36939 through 36999 in the total amount of $37,934.68
Direct Deposit Numbers from 43467 through 43668 in the total amount of$601,684.44
EFT Numbers from 1389 through 1393 in the total amount of$187,803.18
In the same motion Council accepted as complete the North Texas Road Waterline project (Contract 04-
051-WTR-007 with Jennings Northwest).
Ordinance: Water System Plan Approval—Informational Meeting
Public Works Director Fred Buckenmeyer introduced the 2011 Water System Plan Update. He stated for
the record that the City of Anacortes owns and operates a regional water supply system which supplies
approximately 22 million gallons per day to approximately 56,000 residential, commercial and industrial
customers. Under Department of Health regulations, the City is to update its water system plan every six
years. The City commissioned the plan preparation by HDR who submitted a draft of the plan to the
Department of Health for review. On October 31, 2011, the Department of Health issued its comments on
the draft plan. The City issued a Determination of Non-Significance on the Water System Plan on January
11, 2012. The City notified every customer in the system by mailed notice and is conducting the public
informational meeting on the plan at the present City Council meeting. The Water System Plan is
consistent with the City's rights and responsibilities under the 1996 Memorandum of Agreement
Regarding Utilization of Skagit River Basin Water Resources for Instream and Out of Stream Purposes,
commonly referred to as the 1996 Memorandum of Agreement. The Water System Plan is also consistent
with the Coordinated Water System Plan for Skagit County.
Mr. Buckenmeyer clarified that the City's Water System Plan addresses water issues within the City
(extending to its customers outside the city limits) whereas the Skagit County Coordinated Water System
Plan addresses countywide water issues. He said the draft plan has been available on the city website for
several months. Mr. Buckenmeyer recommended adopting the plan by approving the draft ordinance,
prepared by Steve DiJulio at Foster Pepper, in the Council packet.
Anacortes City Council Minutes March 5, 2012 2
Assistant City Engineer Matt Reynolds then reviewed highlights from the executive summary of the Water
System Plan. He summarized that the purpose of the plan is to demonstrate that the City can supply safe
drinking water presently and into the future. The executive summary covers the subsequent ten chapters
of the plan including System Description; Related Plans Agreements and Policies; Planning Data and
Demand; Conservation; System Analysis; System Reliability, Water Rights and Source Water Protection;
Water Quality; Operations and Maintenance; Capital Improvement Plan; and Financial Program.
Mr. Adams asked how many gallons of water the water treatment plant will be able to process when the
current improvements are complete. Mr. Reynolds answered 42 million gallons per day (MGD) which is
the projected demand 20 years out. Regarding the Conservation Plan, Mr. Walters asked if the City's
wholesale customers have meters and noted Bellingham didn't until recently. Mr. Reynolds said yes. Mr.
Walters asked what percentage of the total water used each day is used by residential customers. Mayor
Maxwell said staff would get that number after the meeting since some of the water sold to La Conner,
Oak Harbor and Skagit PUD is in turn resold to their residential customers. Mr. Walters said the
conservation estimate did not seem very significant and the City should be able to do more to conserve
on a regular basis. The mayor discussed a number of ways the City encourages conservation and how
conservation requirements are tied to Skagit River flows.
Mrs. Richardson asked if any of the customers who received written notice in the mail replied with
comments on the plan. Mr. Reynolds said no, the only comments received were from the State
Department of Health and the Skagit County Health Department. Mrs. Richardson clarified that state law
doesn't require a public hearing for the plan, only a public informational meeting such as the present one.
Mr. Geer moved, seconded by Mr. Johnson, to approve Ordinance 2872 adopting the City's Water
System Plan, incorporating the Water System Plan into the City Comprehensive Plan and ratifying and
confirming prior acts. Mr. Walters moved to postpone consideration of the item for a week or two because
he hadn't read it. The motion died for lack of second.
Mr. Walters noted the draft ordinance amends the City's Comprehensive Plan and said he had always
understood that the City could not amend the Comprehensive Plan more than once per year per RCW
36.70A.130. He asked if the City could amend the Comprehensive Plan with this ordinance and then
amend it again later. Mayor Maxwell said the ordinance on the floor would not amend the Comprehensive
Plan and that the Water System Plan is adopted as part of the Comprehensive Plan. He said the current
ordinance would update the current Water System Plan. Mr. Walters asked again if adopting this
ordinance would use up the City's one opportunity to amend its Comprehensive Plan in 2012. Mayor
Maxwell repeated that the Water System Plan is part of the Comprehensive Plan and that it was the
Water System Plan that was being updated. Vote: Ayes— Richardson, Geer, Johnson, Pickett and
Adams. Nays—Walters. Motion carried.
Open 30-Day Public Comment Period for 2012/2013 CDBG Action Plan
Mr. Larsen officially opened the 30-day public comment period for the City's 2012-2013 Community
Needs and Action Plan. Mr. Larsen invited public comment on the action plan which outlines how the
City's Community Development Block Grant (CDBG) funds will be allocated. Mr. Larsen said the open
application period to apply for funding began January 1, 2012 and closes March 31, 2012. He said
applications are accepted in three categories: public services, administration, and capital projects. Mr.
Larsen noted that the City's funding allocation for 2012-13 has decreased to $91,362 and may still
change based on the federal budget year. He explained that after the 30-day comment period the City will
forward the plan and any public comments to HUD for approval and hopes to receive funds in June. He
said there would be another public meeting in April to close the public comment period. Mr. Larsen
welcomed any additional funding applications through the end of the month. At the mayor's request Mr.
Larsen described some capital improvement projects that have been funded by CDBG in past years such
as the Anacortes Family Shelter, playgrounds in low income areas, barrier free projects, and Gentry
House. Mr. Walters asked if there were plans to use any of the funds for parking at the New Wilson Hotel.
Mr. Larsen said the City is looking at parking issues around the Wilson Hotel but had received conflicting
information from HUD on whether or not CDBG funds can be used for that purpose. He said if CDBG
funds can be used, they will be. If they cannot, said Mr. Larsen, staff will be bringing forward other
Anacortes City Council Minutes March 5, 2012 3
alternatives to Council in the next month or so. Mr. Walters asked if the land trust referred to in the draft
action plan was Home Trust of Skagit. Mr. Larsen said yes.
Contract Award: Fidalgo Bay Road Construction
Mr. Buckenmeyer presented a request for approval to award a contract for the Fidalgo Bay Road
Construction Project to reconstruct over 1000 LF of roadway in the vicinity of the Samish RV Park and
Weaverling Road including storm drain, curb and gutters, sidewalk, and ADA curb ramps. Mr.
Buckenmeyer reported that the City received 13 bids and the low bid was from Faber Construction
Corporation of Lynden, Washington in the amount of$335,830.68. The Engineer's Estimate was
$365,077.50. Mr. Buckenmeyer advised that now that the weather window is opening staff intends to
complete the project ASAP to minimize the impact on the RV Park. He recommended awarding the
contract to Faber Construction for$335,830.68. Mrs. Richardson noted that the project includes
sidewalks and asked if there would be a bike lane. Mr. Buckenmeyer said yes, on one side of the
roadway. Mr. Geer moved, seconded by Mrs. Richardson, to approve the contract award. Mr. Adams
asked the meaning of"CA authority". Mr. Buckenmeyer replied that CA stands for Certified Agency and
explained that the state certifies entities as having enough staff and experience to administer federal
funds. He said the City of Anacortes is a Certified Agency and the Samish Indian Nation is not which is
why the City is managing the grant funds for the project under agreement with the Samish. Vote: Ayes—
Geer, Johnson, Walters, Pickett, Adams and Richardson. Motion carried.
At approximately 7:55 p.m. Mayor Maxwell continued the meeting to 7:00 p.m. on Monday, March 12,
2012 for the purpose of holding a public hearing and of considering an ordinance enacting a moratorium
extension on Interim Ordinance 2861 (Medical Marijuana Dispensaries, Collective Garden and Similar
Uses/Facilities Moratorium).
Anacortes City Council Minutes March 5, 2012 4