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HomeMy WebLinkAbout2012-05-07 City Council Minutes Approved 9 c ,, City Council Minutes—May 7, 2012 At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of May 7, 2012 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 Mr. Adams, that the minutes of April 16, 2012, April 17, 2012, April 20, 2012 and April 23, 2012 be approved as if read. Mr. Johnson noted that at the April 16, 2012 meeting Council had approved the purchase of a Case 580 backhoe with the proviso that staff would first look into purchasing used equipment less expensively and that staff had in fact confirmed that the approved contract was the best deal for the City. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried. Citizen Hearings Rose Dorn, 16989 Sockeye Drive in Mount Vernon, said she attended the recent Envision Skagit 2060 meeting and found it to be right out of Agenda 21. Ms. Dorn called Agenda 21 the UN takeover of America and described recent executive orders signed by President Obama. Ms. Dorn expressed concern about her rights being taken away from her and offered to share more information with councilmembers about Agenda 21. Mayor/Council Communication and Committee Reports Mayor Maxwell complimented the Depot Plaza dedication ceremony on Friday and opening day of boating on Saturday. Mr. Johnson reported that the Salvation Army food bank is very short on food and provided a list of critically needed items. He said donations are accepted between 9 a.m. and 4 p.m. Monday through Thursday except during the noon hour. Mr. Geer thanked everyone involved with the transformation at the Depot and said he looked forward to completion of the master plan for that facility. Mayor Maxwell thanked Senator Kevin Ranker for supporting appropriations to assist the project. Consent Agenda Mr. Geer moved, seconded by Mr. Johnson, to approve the Consent Agenda. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, 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 April 19, 2012, April 26, 2016 and May 3, 2012 are approved for payment as of May 7, 2012. Claim Checks April 2012: Check Numbers 64337 through 64521 in the total amount of $3,783,463.98 EFT Claims April 2012: Check Numbers 64334 through 64336 in the total amount of $218.10 Prewritten Claims April 2012: Check Numbers 64332 through 64333 in the total amount of$975.00 Payroll for April 20, 2012 in the total amount of$569,888.39 Check Numbers 37084 through 37116 in the total amount of$27,589.76 Direct Deposit Numbers from 44051 through 44233 in the total amount of$352,066.28 EFT Numbers from 1404 through 1410 in the total amount of$190,232.35 Anacortes City Council Minutes May 7, 2012 1 Contract Award: "L" District Sewer Rehabilitation, Phase Ill Public Works Director Fred Buckenmeyer presented a contract for Phase III of the ongoing "L" District Sewer Line Rehabilitation project to reduce inflow and infiltration of ground water into the sanitary sewer system. Mr. Buckenmeyer displayed a map showing the areas already completed and the areas targeted for Phase III. He reported that bids were opened on April 24, 2012 and the low bid of$297,325.99 was received from Scimitar Construction. Mr. Buckenmeyer recommended awarding the contract to Scimitar Construction. He added that the Engineer's Estimate was $343,896.39. In response to questions from councilmembers, Mr. Buckenmeyer said that Phase III would be all open cut construction in alleys installing state of the art PVC pipe to replace very old cement and red clay tile pipe. Mr. Turner moved, seconded by Mrs. Pickett, to award the contract to Scimitar Construction for$297,325.99 including sales tax. Vote: Ayes—Adams, Turner, Richardson, Geer, Johnson, Walters and Pickett. Motion carried. Contract Award: Ship Harbor Interpretive Boardwalk Trail Parks and Recreation Director Gary Robinson provided an overview of the Ship Harbor Interpretive Preserve interpretive trail which is being constructed in phases. He thanked the Anacortes Parks Foundation for its ongoing support of the project. Mr. Robinson said the next phase will build an above grade boardwalk out to the edge of the open water and then continue west towards the Washington State Ferry Terminal. He explained the innovative bidding specifications used for the project and recommended awarding the contract to low bidder HB Hansen Construction. He explained that the fixed price contract will involve additional design, prototype construction, and delivery of modular trail sections and that staff and/or volunteers would install the modular sections. He added that the project is targeted for completion at the end of the summer. Mr. Turner asked about the wide range in the bid prices. Mr. Geer moved, seconded by Mrs. Richardson, to award the contract to HB Hansen Construction for$138,306.65. Vote: Ayes—Turner, Richardson, Geer, Johnson, Walters, Pickett and Adams. Motion carried. Public Hearing: Remaining 2011 Comprehensive Plan and Development Regulations, Exhibits 5 and 6: Physically Active Community and Public Participation Planning Director Ryan Larsen presented for public hearing the final two proposed amendments for the 2011 cycle of Comprehensive Plan and Development Regulation updates. He reported that the Planning Commission had delayed recommendation and action on Exhibit 5 and Exhibit 6 until staff could meet with proponent Evergreen Islands to refine the proposals. Mr. Larsen said that the refined proposals had been reintroduced to the Planning Commission at its February 8, 2012 meeting and that a public hearing was held before the Planning Commission at its March 14, 2012 meeting. Mr. Larsen summarized each proposal as discussed at the April 23, 2012 City Council study session and included in the current Council packet. Exhibit 5 would insert into the Anacortes Comprehensive Plan 2010: Transportation a new Goal 6 and four policies to encourage a physically active community. Exhibit 6 would insert new language into Title 19 of the Anacortes Municipal Code requiring a community participation meeting for quasi-judicial decisions. Mr. Larsen reviewed the few revisions to Exhibit 6 requested by Council during its discussion of these exhibits at the April 23, 2012 study session. At approximately 7:39 p.m. Mayor Maxwell opened the public hearing on Exhibit 5. Tom Glade, 210 Mansfield Court, spoke on behalf of Evergreen Islands. Mr. Glade said that Exhibit 5 was submitted with model ordinances as examples and that as the proposal was refined with Mr. Larsen and Assistant City Engineer Eric Shjarback very timely complete streets language was incorporated as well. Mr. Glade thanked Brenda Lavender, Ralph Bennett, John Pope, Eric Shen, Mr. Larsen and Mr. Shjarback for their work on the proposal and encouraged Council to adopt Exhibit 5. No one else wishing to speak, at approximately 7:42 p.m. Mayor Maxwell closed the public hearing on Exhibit 5 and opened the public hearing on Exhibit 6. Arlene French, 1411 8th Street, said that she and Jo Barnes on behalf of proponent Evergreen Islands were fine with the final changes requested by Council at the April 23, 2012 study session and were very pleased with the final result. She urged Council to adopt Exhibit 6.No one else wishing to speak, at approximately 7:43 p.m. Mayor Maxwell closed the public hearing on Exhibit 6. Anacortes City Council Minutes May 7, 2012 2 Mr. Adams endorsed pedestrian and bicycle amenities and moved, seconded by Mr. Geer, to approve Exhibit 5. Vote: Ayes— Richardson, Geer, Johnson, Walters, Pickett, Adams and Turner. Motion carried. Mayor Maxwell advised that staff would bring back an ordinance to codify Exhibit 5 as part of the Consent Agenda at the next regular City Council meeting. Mrs. Richardson offered two grammatical corrections to Exhibit 6: B.1 should be "Planned Units Developments"and "Shoreline Permits shall" should be replaced with "Shoreline Permits may" since the Planning Director has discretion in that case. She also asked why"pre-application"was being struck and suggested leaving it in. Mr. Johnson and Mr. Walters discussed the notice requirements described in paragraph 3 and suggested that"generally" be stricken and "shall" revert to "should". Mrs. Pickett said she was also concerned about that paragraph and that it must be made clear that there is only one public hearing as distinguished from the community participation meeting. City Attorney Brad Furlong encouraged Council to clearly state what is and is not required in terms of notice, agreed with Mr. Walters that notice should be required even if by newspaper announcement rather than by direct mail, and that in B.1 "shall" is in fact compatible with Planning Director discretion. Mayor Maxwell said that maintenance work didn't need public notice and he favored the language as presented in the packet. Mrs. Richardson suggested that in paragraph 3 notice "shall" be required but the type of notice could be clarified. Mr. Turner agreed with "shall" but said direct mailing to everyone within 300 feet is a good idea. Mrs. Pickett said the pre-application community participation meeting is a great idea but that the notice requirements were burdensome and needed to be reworked. Mr. Geer said he favored the language as presented in the packet with the correct of"units"to "unit". Mr. Turner said the notice requirements aren't onerous to developer. Mr. Walters suggested that paragraph 3 be rewritten to state "The applicant must distribute and advertise the notice per Section 19.40.010 ... "to clarify who sends out the notice and that it is required. Mr. Walters asked about Conditional Use Permits that don't require public hearing. Mr. Larsen said the language can specify that those don't require the community participation meeting. Mrs. Pickett requested a clear copy of the complete proposal on which to vote. Mrs. Richardson suggested that Mr. Larsen bring back revised language for further review during the subsequent discussions on new AMC Title 19. 2010 Development Regulation Amendments: Proposed New Title 19 City Council began its review of proposed new AMC Title 19, Options A and B. Mr. Larsen lead a page- by-page discussion of both versions of the entire chapter which had previously been distributed to Council and included the latest suggested revisions from the Planning Commission, city staff, City Attorney Brad Furlong and attorneys from the Washington Cities Insurance Authority (WCIA). Mayor Maxwell and councilmembers offered both substantive comments and grammatical corrections. Senior Planner Libby Grage and Mr. Larsen recorded their comments for consideration in a later draft. Mr. Adams noted that the Board of Adjustment was not mentioned in Title 19. Mr. Larsen advised that the Board of Adjustment would no longer review variances. Executive Session (15 Minutes) At approximately 9:08 Mayor Maxwell called a ten-minute break and announced that upon reconvening the Mayor, Council and City Attorney Brad Furlong would convene in Executive Session to discuss potential litigation for approximately fifteen minutes and would reconvene without taking action. At approximately 9:30 p.m. Council reconvened and there being no further business the regularly scheduled Anacortes City Council meeting of May 7, 2012 was adjourned. Anacortes City Council Minutes May 7, 2012 3