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HomeMy WebLinkAbout2012-11-19 City Council Minutes Approved OS Y 0etri`:: t9 w City Council Minutes—November 19, 2012 Special Meeting: From approximately 5:00 p.m. to approximately 5:08 p.m. Mayor Dean Maxwell and City Council attended an advertised site visit at the former Wyman Marina regarding a Port of Anacortes Substantial Shoreline Development Permit application. No public testimony was taken. City Councilmembers Ryan Walters, Erica Pickett, Brad Adams and Cynthia Richardson were present. At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of November 19, 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. Turner, that the minutes of November 5, 2012 and November 13, 2012 be approved as if read. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried. Mrs. Richardson abstained from voting on the November 5, 2012 minutes because she was absent from that meeting. Citizen Hearings Ellie Herr, 5702 Rosario Way, commented on the Envision Skagit recommendations. She questioned the timing of Skagit County transfer of development rights in reference to the Envision program. She asked why the County Commissioners were holding a public meeting on the Envision Skagit report on the Wednesday before Thanksgiving. Mayor/Council Communication and Committee Reports Mrs. Pickett announced that the Parks Department would be having a Whatcom correctional crew pulling ivy at Cap Sante park. She said the park would be closed at that time and expressed hope that the project would work towards eradicating the invasive ivy at the park. Proclamation of Pancreatic Cancer Awareness Month: Mayor Maxwell read a statement proclaiming November Pancreatic Cancer Awareness Month in Anacortes. He recognized Martha Coleman and Heather Burke who were photographed with the mayor. Mr. Adams announced that he was participating in Movember's effort to raise awareness about men's health issues such as prostate cancer. He reminded the audience of the importance of regular checkups and early intervention. Consent Agenda Mr. Turner moved, seconded by Mr. Adams, to approve the following Consent Agenda items. 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 November 8, 2012 and November 15, 2012 are approved for payment as of November 19, 2012. Claims Check Numbers 66630 through 66781 in the total amount of$743,977.09 EFT Check Numbers 66619 through 66629 in the total amount of$3,165.37 Cancelled Checks Check Number 58687 in the amount of$82.50 Anacortes City Council Minutes November 19, 2012 1 Check Number 58710 in the amount of$33.00 Check Number 58711 in the amount of$33.00 Check Number 60087 in the amount of$20.00 Check Number 60264 in the amount of$2.00 Check Number 61525 in the amount of$57.33 Check Number 61922 in the amount of$11.02 In the same motion Council: Authorized the mayor to sign the Findings of Fact, Conclusions of Law and Decision for the Anacortes Yacht Club Conditional Use Permit application; Accepted as complete the "L" District Sewer Rehabilitation Project- Phase III (Contract 11-045- SEW-001 with Scimitar Construction); and Approved Modification 05 in the amount of$243,648.88 to Contract 11-045-SEW-001 with Scimitar Construction. Resolution: 1% Property Tax Increase Finance Director Steve Hoglund presented a resolution to adopt a 1% property tax increase for 2013. Mr. Hoglund also explained that by ordinance the city must set aside cash equal to 5% of each fund's adopted budget as emergency reserves each year. He said that the Fund Balance in each fund includes both emergency reserves and operating cash. Mrs. Richardson and Mr. Turner referenced comments from constituents about adjusting budget line items and explained that Council approves the total budget for each fund but that staff sets the line items for the budget. Mayor Maxwell explained the 1% property tax levy increase was needed to balance the budget and continue to deliver the services the community expects. Mr. Hoglund said the 1% increase equates to approximately a$4.25/year increase for a$250K house. Mr. Geer moved, seconded by Mr. Johnson, to approve Resolution 1853 setting the City's Year 2013 property tax regular levy increase of 1%. Mr. Adams pointed out that the increase of$44K is spread out among all property owners in the community and provides very valuable community services. Mr. Walters pointed out that a 1% increase is always less than inflation so the City is still losing ground in terms of property taxes. Mrs. Richardson added that not taking the increase would have a cumulative negative impact in the future. Vote: Ayes—Adams, Turner, Richardson, Geer, Johnson, Walters and Pickett. Motion carried. Ordinance: Adopting 2013 Budget Finance Director Steve Hoglund provided an updated ordinance for the budget which matches the figures discussed at the public hearing on November 5, 2012. He advised that staff had received and addressed some public comments via email since the public hearing but that the budget figures remained unchanged since that time. Mayor Maxwell reminded that the budget is always a planning document and adapts to circumstances encountered during the year. Mrs. Richardson moved, seconded by Mrs. Pickett, to approve Ordinance 2893 adopting the budget for 2013. Mr. Adams thanked the community for providing more feedback on the budget than usual. Mr. Walters asked if the budget included a cost of living adjustment for employees. Mr. Hoglund said the contracts with the Teamsters and firefighters include COLAS that were reflected in the budget. Mr. Johnson suggested that by 2014 Council might want to establish a budget and planning commission to help plan funding for established policies. The mayor reminded that there are statutory requirements for the budget. Mr. Walters asked to change the proposed budget to redistribute $56K that was recovered since the preliminary budget including possibly spending more for public defense, adjusting some line items, funding a full time city attorney, funding a full time planning director, additional professional services for the comprehensive plan update, and training for City Council and Planning Commission members. Mayor Maxwell said that the $56K had been distribute back into the funds from which it had been cut in the preliminary budget. Mrs. Richardson said she didn't disagree with Mr. Walters's priorities but suggested approving the budget as presented and introducing a budget amendment in the future. Other councilmembers agreed that budget amendments during 2013 may be in order. Mr. Walters cautioned that budget amendments only show funds, not line items, and that the budget also does not show the number of staff positions allocated. Mrs. Pickett called for the question. Vote: Ayes—Turner, Richardson, Geer, Johnson, Pickett and Adams. Nays—Walters. Motion carried. Anacortes City Council Minutes November 19, 2012 2 Closed Record Review: Wyman Habitat Mitigation Site Shoreline Substantial Development Permit (Port of Anacortes) Senior Planner Libby Grage presented an application from the Port of Anacortes for a Shoreline Substantial Development permit and shoreline setback variance to construct an intertidal habitat mitigation site with public access at the site of the former Wyman Marina between T and U Avenues and 2nd and 3rd Streets. Ms. Grage described the current in water and upland structures on the site and the projected development to create a habitat mitigation site to compensate for the Pier 1 redevelopment. Ms. Grage noted this was an alternative to the previously approved log pocket mitigation site. She pointed out that the project would shift the ordinary high water mark landward hence would bring new properties into shoreline jurisdiction, all but three of which are owned by the Port of Anacortes. She advised that the Shoreline Management Act provides a mechanism for relief for such property owners and the Dept. of Ecology has said such properties would be eligible for relief if the Shoreline Management Act negatively impacted their development. She added that City staff would assist property owners with that application if needed. She said the property owners impacted by that change were notified and none responded. Ms. Grage reported that the Planning Commission held a public hearing on the project at its October 24, 2012 meeting and subsequently recommended approval of the Shoreline Substantial Development permit and the shoreline setback variance application subject to conditions. She added that there were no appeals of the Commission's recommendation. She said staff recommended that City Council affirm the Planning Commission recommendation and direct staff to prepare Findings of Fact, Conclusions of Law and Decision for Council's final review and approval. Mr. Turner asked where the excavated soil would go. Jenkins Dossen, Facilities Services Manager at the Port of Anacortes, said the spoils would be trucked to a permanent landfill. Mr. Walters questioned the public access path requirement. Ms. Grage explained that this was a replacement mitigation site for the log pocket site which incorporated public access so the same public access has to be provided. Councilmembers supported public access to the waterfront but suggested removing the fence along the east side of the project. Mr. Dossen said that seemed like a decent proposal and that the Port would evaluate it. Mrs. Richardson noted that on the plan there was no way to get from the proposed public viewing platform to the north end of U Avenue. She said such a connection would improve pedestrian circulation and also address potential public safety issues. Mrs. Richardson proposed adding to Condition 6: "That path shall include a pedestrian connection to U Avenue near the public viewing platform." Mrs. Richardson moved, seconded by Mr. Johnson, to approve the shoreline substantial development permit and shoreline setback variance for the Wyman mitigation site with the conditions recommended by the Planning Commission and her one addition to Condition 6. Councilmembers continued discussing the pedestrian access path parallel to U Avenue. Mr. Geer called for the question. Vote: Ayes— Richardson, Geer, Johnson, Walters, Pickett, Adams and Turner. Motion carried. Final Plat: San Juan Passage, Phase 4 Ms. Grage presented a request from GP Anacortes, LLC for final plat approval of Phase 4 of the San Juan Passage residential development. Ms. Grage described the single family lots and one common lot included in Phase 4. She said all infrastructure improvements within the development have been installed and signed off by the City Public Works Department. She noted that the applicant was proposing a minor reconfiguration of lots from the preliminary plat and was also proposing that the native growth protection easement on the western side of the development be titled on the plat map as a landscaping easement since it is not associated with a critical area. Ms. Grage reported that the Planning Commission reviewed the final plat application at its November 14, 2012 meeting and recommended approval. Mrs. Richardson and Mr. Geer commended the development and its public amenities. Mrs. Pickett agreed and thanked Gilbane for donating the land for the Guemes Channel trail in that area. Mr. Johnson moved, seconded by Mr. Geer, to approve the final plat for Phase 4 of San Juan Passage. Vote: Ayes—Geer, Johnson, Walters, Pickett, Adams, Turner and Richardson. Motion carried. Ordinance: I Avenue One Way Designation Public Works Director Fred Buckenmeyer announced that the I Avenue Safe Routes to School project had recently been completed and showed photos of the finished site. He presented an ordinance to make I Avenue one way northbound for vehicles between 32nd Street and 29th Street. Mr. Geer endorsed the project and moved, seconded by Mr. Turner, to approve Ordinance 2894 regarding one-way only traffic Anacortes City Council Minutes November 19, 2012 3 flow on I Avenue. Mr. Adams inquired about the pavement markings. Mr. Buckenmeyer explained the dedicated bike lane southbound and the sharrow lane northbound that serves both vehicles and bicycles. Vote: Ayes—Johnson, Walters, Pickett, Adams, Turner, Richardson and Geer. Motion carried. Public Hearing: Weaverling Road Vacation (Samish Indian Nation) Mr. Buckenmeyer summarized the history of the request from the Samish Indian Nation to vacate two very small parcels totaling approximately 394 square feet where tribal structures encroach on City right of way on Weaverling Road. Mr. Buckenmeyer advised that a slightly revised ordinance was provided to councilmembers prior to the meeting requiring compensation of$3,114.79 for the vacated parcels. At approximately 8:13 p.m. Mayor Maxwell opened the public hearing. Samish Indian Nation Tribal Chairman Tom Wooten thanked City staff for working with the tribe to resolve the encroachments and encouraged Council to approve the vacation. No one else wishing to speak, at 8:14 p.m. the mayor closed the public hearing. Mr. Adams moved, seconded by Mr. Turner, to approve Ordinance 2895 vacating two portions of Weaverling Road totaling 393.6 square feet. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried. Ordinance: Comcast Franchise Extension Mr. Hoglund recalled that after the public hearing on this topic at the November 5, 2012 City Council meeting councilmembers had requested additional information. He said that Comcast's local government area representative, Stan Finley, advised that the channel packaging is set by Comcast in Philadelphia and is not subject to local control. Mr. Finley also advised that any Comcast infrastructure found in a state of disrepair should be communicated to Comcast to be addressed. Mayor Maxwell added that such problems can be reported to the mayor's office. Mr. Turner expressed disappointment that a Comcast representative was not present to answer questions. Mayor Maxwell said that Mr. Finley had apologized for not being able to be at the meeting and noted that federal regulations don't allow city governments to regulate cable companies other than issuing franchises. Mrs. Richardson moved, seconded by Mr. Turner, to approve Ordinance 2896 extending a non-exclusive franchise to Comcast of Washington IV, Inc. for the construction, operation, and maintenance of a cable system within the city limits. Mr. Adams noted the significant revenue generated by the franchise agreement. The mayor added that the franchise fees fund the government access television channel. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, Johnson and Walters. Motion carried. Resolution: Misdemeanor Diversion Program Fee Schedule Mr. Hoglund presented a resolution to set fees for the misdemeanor diversion program adopted by Resolution 1852 on November 5, 2012. Police Chief Bonnie Bowers addressed questions from Mr. Geer about what would constitute aggravated circumstances. Mr. Johnson said $150 is a lot for someone with limited means and suggested changing that fee to $50. Mr. Hoglund and Mr. Furlong clarified that the program is voluntary and defendants will have the traditional option of going through the court system instead. They outlined the benefits to the courts of having defendants opt for the diversion program. In response to a question from Mr. Walters, Mr. Hoglund explained that the fees would go into the general fund. The mayor said those fees would help pay for administration of the diversion program. Mr. Walters asked how much program administration would cost and said that the diversion fees should pay for the program. Mrs. Richardson and the mayor said it was difficult to predict the costs until the program was made available to defendants and demand could be determined. Mr. Geer asked if diversion program fees could be paid on a payment plan and Mr. Hoglund said likely so. Mr. Geer said he did not favor lowering the fee to $50 for defendants with limited means. Mr. Turner commented that the fees need to be set to make the program attractive to defendants. Mrs. Richardson wondered why indigent defendants would pay to participate. Mayor Maxwell point out the attraction of the diversion program is to avoid a criminal record. Mr. Geer suggested $100 for defendants with limited means rather than $150. Mr. Walters said if the goal is to lower the court caseload the fees should be set lower but wondered if the public defender caseload would really be affected since once they are charged indigent defendants still have access to a public defender. He reminded that defendants are not criminals, they are charged but are not yet convicted. At approximately 8:40 p.m. Mayor Maxwell called a 10-minute recess. At 8:45 p.m. the mayor called the meeting back to order. Anacortes City Council Minutes November 19, 2012 4 Mr. Turner moved, seconded by Mr. Johnson, to adopt Resolution 1853 setting an application fee schedule for the misdemeanor diversion program including a$100 fee instead of$150 for defendants with limited means or mitigating circumstances. Councilmembers agreed they would like a report on the program after six months and to review the program and possibly revise the fees after a year. Vote: Ayes —Adams, Turner, Richardson, Geer, Johnson and Pickett. Nays—Walters. Motion carried. Contract Amendment: HDR 2013 Services During Construction, WTP Improvements Assistant City Engineer Matt Reynolds presented an amendment to the contract with HDR Engineering, Inc. to provide engineering services for the WTP improvement project during 2013. He reminded that the contract was set up to require annual amendments to cover each year's services. Mr. Reynolds said construction will finish in 2013 and HDR will transition from construction management to making the plant work including plant start up, operator training, project close out and preparation of O&M manuals. He said staff recommended a contract amendment to HDR for an amount not to exceed $463,934. Mrs. Richardson moved, seconded by Mr. Geer, approve the amendment as presented. Vote: Ayes—Turner, Richardson, Geer, Johnson, Walters, Pickett and Adams. Motion carried. Contract Award: WWTP Incinerator Emissions Compliance- CH2M Hill Mr. Reynolds requested Council approval to contract with CH2M Hill to provide engineering services to ensure compliance with new, more stringent EPA rules governing the sewage sludge incinerator emissions and prepare an application for a Title V Operation Permit. Mr. Reynolds summarized the scope of work and recommended award of a contract in the amount of $50,070 to CH2M Hill Engineers, Inc. Mrs. Richardson reminded that the sanitary sewer system is an independent utility and that the subject contract and other compliance requirements would be paid for through sewage rates. Mr. Geer moved, seconded by Mr. Turner, to approve the contract with CH2M Hill in the amount of $50,070. Vote: Ayes— Richardson, Geer, Johnson, Walters, Pickett, Adams and Turner. Motion carried. There being no further business, at approximately 9:00 p.m. the regularly scheduled Anacortes City Council meeting of November 19, 2012 was adjourned. Anacortes City Council Minutes November 19, 2012 5