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HomeMy WebLinkAbout2012-11-05 City Council Minutes Approved OS Y 0,etri`:: t9 w City Council Minutes—November 5, 2012 Special Meeting: From approximately 5:00 p.m. to approximately 5:05 p.m. Mayor Dean Maxwell and City Council attended an advertised site visit at the Anacortes Yacht club, 504 7" Street, regarding the Anacortes Yacht Club Addition Conditional Use Permit. No public testimony was taken. City Councilmembers Eric Johnson, Ryan Walters, Erica Pickett and Brad Adams were present. AYC Commodore Mac Madenwald attended representing the applicant. At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of November 5, 2012 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Bill Turner and Brian Geer. Cynthia Richardson was absent. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mr. Turner moved, seconded by Mr. Geer, that the minutes of October 15, 2012, October 19, 2012 and October 22, 2012 be approved as if read. Mr. Walters clarified regarding page 4 of the minutes from the October 19, 2012 special meeting that he agreed with retaining the opportunity for the public to comment at the beginning of City Council meetings but that he did not agree with restricting those comments to items not on the agenda. Vote: Ayes—Walters, Pickett, Adams, Turner, Geer and Johnson. Motion carried. Citizen Hearings No one present wished to speak. Mayor/Council Communication and Committee Reports Mr. Johnson reported from the Public Works Committee that Mr. Buckenmeyer has been presenting an informational briefing on water to local wholesale customers. He encouraged that the slide show be presented at a City Council study session and posted on line. The mayor added that similar information will be published in the City Briefings. Proclamation of Poetry Week November 2-9, 2012: Mayor Maxwell read a statement proclaiming the week of November 2-9, 2012 to be Poetry Week in Anacortes and encouraging everyone to attend the celebratory events. He thanked Rita James, Peggy Flynn and Jane Alynn for organizing the week's events including a reading at the library on Thursday, November 8, 2012 by Washington State Poet Laureate Kathleen Flenniken. Mrs. Pickett read a poem from Robert Sund's River Journal. Proclamation of National Hospice and Palliative Care Month: Mayor Maxwell read a statement proclaiming November to be National Hospice and Palliative Care Month in Anacortes and urged the community to observe the month with appropriate activities and programs. Mr. Geer thanked the community for supporting the Improv charity fundraisers this year. Consent Agenda Mr. Johnson moved, seconded by Mrs. Pickett, to approve the following Consent Agenda items. Vote: Ayes— Pickett, Adams, Turner, 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 October 18, 2012, October 25, 2012 and November 1, 2012 are approved for payment as of November 5, 2012. Anacortes City Council Minutes November 5, 2012 1 Claims Check Numbers 66431 through 66618 in the total amount of $3,724,079.74 EFT Check Number 66430 in the total amount of $46.23 Prewritten Claims Check Number 66429 in the total amount of$27,515.26 Payroll for October 19, 2012 in the total amount of$574,237.61 Check Numbers 37714 through 37744 in the total amount of$27,654.86 Direct Deposit Numbers from 46342 through 46610 in the total amount of$344,322.65 EFT Numbers from 1468 through 1474 in the total amount of$202,260.10 Payroll for November 5, 2012 in the total amount of$921,157.29 Check Numbers 37746 through 37810 in the total amount of $38,091.56 Direct Deposit Numbers from 46611 through 46817 in the total amount of$662,736.61 EFT Numbers from 1475 through 1479 in the total amount of$220,329.12 In the same motion Council accepted as complete the Wastewater Treatment Plant heat exchanger replacement project (Contract 10-029-SEW-003 with IMCO General Construction, Inc.). Public Hearing: 2013 Budget Finance Director Steve Hoglund summarized the revisions made to the proposed budget since it was reviewed by Council in October. Those revisions were itemized in the packet materials and decrease the proposed budget by$83,940.42. Mr. Hoglund addressed questions from councilmembers about wage savings when senior employees retire and their positions are filled by entry level employees. At approximately 7:17 p.m. Mayor Maxwell opened the public hearing on the 2013 budget. No one wishing to speak, the mayor closed the public hearing. Mr. Hoglund advised that the ordinance to adopt the 2013 budget and the resolution to adopt a 1% property tax increase would come back to Council for action on November 19, 2012. Closed Record Review: Anacortes Yacht Club Addition Conditional Use Permit Senior Planner Libby Grage presented a request from the Anacortes Yacht Club for a Conditional Use Permit to expand the club's building at 504 7t" Street with a 1488 SF two-story addition and a 690 SF covered deck. Ms. Grage briefly summarized the project and said it meets all required setbacks and lot coverage requirements for the R3 zone. She reported that the Planning Commission held an open record public hearing at its meeting on October 10, 2012, that no comments or appeals were received from the public, and that the Planning Commission recommended approval of the CUP with conditions. Ms. Grage said staff recommended that Council approve the CUP subject to the conditions included in the Planning Commission recommendation and direct staff to prepare Findings of Fact and Conclusions of Law for subsequent Council review and approval. Mr. Geer moved, seconded by Mr. Adams, to approve. Vote: Ayes—Adams, Turner, Geer, Johnson, Walters and Pickett. Motion carried. Contract Extension: Public Defender Rob Jones Human Resources Director Emily Schuh presented a proposed contract extension with Public Defender Robert S. Jones. Ms. Schuh reported that Washington Supreme Court indigent defense misdemeanor caseload standards will go into effect on September 1, 2013 and that it was not yet clear how those standards would effect the City's public defender requirements or budget. She said staff is working actively to mitigate potential caseload issues and recommended entering into a successor contract with Mr. Jones for public defender services for 2013 at the same $5000/month cost as in 2012. Councilmembers discussed the public defender caseload with the mayor and City Attorney Brad Furlong including ambiguities in how caseloads are calculated, mitigation measures such as indigent defense screening and diversion programs, the appropriate means of adopting caseload standards, and Anacortes City Council Minutes November 5, 2012 2 measuring the performance of the public defender. Mr. Walters argued for explicitly adopting the Supreme Court caseload standards in the public defender contract. Mayor Maxwell said staff will be compiling information about the caseload and how planned mitigation measures affect it. He explained that Anacortes will follow the Supreme Court ruling and that there is the possibility of discussion and further change when the State Legislature meets in session. Ms. Schuh advised that the public defender contract as drafted allows for amendments with appropriate notice. Mr. Geer moved, seconded by Mr. Turner, to approve. Vote: Ayes—Turner, Geer, Johnson, Pickett and Adams. Nays—Walters. Motion carried. Contract Extension: City Prosecutor Craig Cammock Ms. Schuh said the City has contracted with Craig Cammock for City Prosecutor services since 2010 and that staff recommends entering into a successor contract for 2013 at the same $5500/month cost as in 2012. She explained the contract provisions governing potential material increases in the Prosecutor's workload due to implementation of public defender caseload standards. Mr. Johnson moved, seconded by Mrs. Pickett, to approve the contract. Vote: Ayes—Geer, Johnson, Walters, Pickett, Adams and Turner. Motion carried. Resolution: Diversion Program City Attorney Brad Furlong presented a draft resolution to implement a misdemeanor diversion program that would grant the City Prosecutor discretion to enter diversion orders for various defendants under various conditions. Mr. Furlong said such programs are typically used for drug and alcohol related offenses where a treatment program to address the root cause of the behavior may be more effective than a criminal conviction. He said this is also more efficient in the court system to cut down prosecutor and defender caseloads and court filings. Mr. Furlong noted that the revised draft resolution presented at the meeting differs from the draft in the packet in that the new version calls for a structured fee schedule to be developed by the City Prosecutor and Finance Director and brought back to Council for approval before the program is implemented. City Prosecutor Craig Cammock addressed Council to explain the types of cases and defendants that would be appropriate for the diversion program. In response to questions from councilmembers Mr. Cammock said that the City Prosecutor would monitor client compliance with the terms of the diversion program and that clients who failed to meet the terms of the program would re-enter the criminal system. Mr. Geer moved, seconded by Mr. Turner, to approve Resolution 1852 relating to a misdemeanor diversion program. Vote: Ayes—Johnson, Pickett, Adams, Turner, Geer. Nays—Walters. Motion carried. Public Hearing: Comcast Franchise Extension Mr. Hoglund reported that five years ago the City entered into a franchise agreement with Comcast to allow Comcast to run its cables in the City. He said that agreement terminates at the end of 2012 and that staff proposes to extend the contract five more years under the same terms. He explained that federal regulations require a public hearing before entering into franchise agreements with cable companies. At approximately 8:00 p.m. Mayor Maxwell opened the public hearing. No one wishing to speak, the mayor closed the public hearing. Mr. Johnson asked if there is a matrix to evaluate Comcast's performance before Council approves an extension, including perhaps customer satisfaction, public safety, etc. Mayor Maxwell said staff can provide copies of the current franchise agreement to councilmembers to consider before taking action. He tabled the agenda item. Ordinance: Comcast Franchise Extension This agenda item was tabled. Ordinances: Update City Code for Use of REET Mr. Hoglund explained that last year the state legislature changed the RCW to allow real estate excise tax (REET) to be used for operations and maintenance as well as construction of capital facilities. Mr. Hoglund presented two ordinances to update the Anacortes Municipal Code to comply with the revised RCW for both REET I and REET II. Mr. Johnson moved, seconded by Mr. Adams, to approve Ordinance 2890 and Ordinance 2891 amending Section 3.04 of the City of Anacortes Municipal Code to allow the first and second quarter percent of real estate excise tax revenues to be used, with some conditions, for Anacortes City Council Minutes November 5, 2012 3 operations and maintenance of existing capital projects. Vote: Ayes—Walters, Pickett, Adams, Turner, Geer and Johnson. Motion carried. Ordinance: Third Quarter Budget Amendment Mr. Hoglund presented an ordinance to amend the 2012 budget. He explained the line items included in the ordinance and noted that the ordinance presented for action corrected a typo in the version presented in the packet. Chief Bowers addressed questions from councilmembers about jail costs. Mr. Johnson moved, seconded by Mr. Turner, to approve Ordinance 2892 amending Ordinance No. 2864 adopted on November 21, 2011, entitled "An Ordinance Adopting The Budget For All Municipal Purposes And Uses For The Year 2012". Vote: Ayes— Pickett, Adams, Turner, Geer, Johnson and Walters. Motion carried. Contract Award: 28th Street Playground Public Works Director Fred Buckenmeyer commended the collaborative work of the Public Works, Parks and Planning departments on this project which will be funded with a CDBG grant from HUD. He requested Council approval to award a contract for the purchase and installation of two playground structures at the 28th Street playground. Mr. Buckenmeyer said the City received seven bids with the low bid from Steele & Associates out of Bellingham for$91,423.59. Parks and Forestlands Manager Jonn Lunsford presented slides of the project locations and the playground equipment that would be installed and answered councilmember questions about the scope of the project. Mr. Buckenmeyer said staff recommended awarding the contract to Steele & Associates for$91,423.59. Mr. Adams moved, seconded by Mr. Geer, to approve the contract award. Vote: Ayes—Adams, Turner, Geer, Johnson, Walters and Pickett. Motion carried. Contract Award: 2012 City Shop Paving Mr. Buckenmeyer requested Council approval to award a contract to re-pave a portion of the City Operations Shop yard. He reported that staff solicited bids using the Small Works Roster and received two bids the lowest of which was from Lakeside Industries, Inc. in the amount of$113,620.25. Mr. Buckenmeyer said staff recommended awarding the contract to Lakeside Industries, Inc. Mr. Turner moved, seconded by Mr. Johnson, to accept the contract with Lakeside Industries. Vote: Ayes—Turner, Geer, Johnson, Walters, Pickett and Adams. Motion carried. There being no further business, at approximately 8:30 p.m. the regularly scheduled Anacortes City Council meeting of November 5, 2012 was adjourned. Anacortes City Council Minutes November 5, 2012 4