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City Council Minutes—April 4, 2011
At 7:30 p.m. Mayor Maxwell called the regularly scheduled Anacortes City Council meeting of
April 4, 2011 to order. Roll call found present: Nick Petrish, 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. Petrish moved, seconded by Mr. Geer, that the minutes of March 21, 2011 be approved as if read.
Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer and Petrish. Motion carried.
Citizen Hearings
Dan O'Donnell, 328 North 3rd, La Conner, asked to address the last item on the agenda. Mayor Maxwell
advised that the Citizen Hearings were limited to items not already on the agenda. Mr. O'Donnell
requested the names of the councilmembers on the utilities committee. The mayor said he would supply
them the following day.
Mayor/Council Communication
Proclamation: Arbor Day
Mayor Maxwell proclaimed April 13, 2011 as the celebration of Arbor Day in Anacortes. He announced
that the City would be planting a tree at Causland Park and that the City's 10-year award as a Tree City
USA had recently arrived.
National Healthcare Decisions Day
Mayor Maxwell announced two free upcoming workshops on health care and living wills, the first at
McIntyre Hall in Mount Vernon on April 16 and the second at the Anacortes Senior Activity Center on April
26. He provided contact information for both events.
Anacortes and Local National Guard Unit Partner for Community Clean-Up (April 9)
Mayor Maxwell announced that the local national guard unit is partnering with Anacortes Parks on trail
clean up in the ACFL from 8 a.m. to 1 p.m. on Saturday. He said more than 20 citizen-soldiers, veterans
and City employees will be working together and he invited community members to help as well.
Proclamation: Energy Stewardship in Honor of Earth Day
Mayor Maxwell read a proclamation committing Anacortes to community leadership in the responsible use
of natural resources and to fiscal responsibility in the use of energy, challenging City employees to
continue efforts to be Good Energy Stewards in honor of Earth Day 2011 and offering special recognition
to individuals and City departments that are most successful at reducing energy utility usage necessary
for daily operations.
Mayor Maxwell reported that the combined Kiwanis Clubs of Anacortes joined in a clean-up effort the past
Saturday at Kiwanis Waterfront Park where they weeded, spread bark, and removed invasive non-native
plants. The mayor also thanked the many volunteers who have been working so hard at Volunteer Park.
Unfinished Business: Interview Finalists for Ward 3 City Council Seat
Mayor Maxwell asked finalists John Archibald and Eric Johnson to come forward to answer four questions
in an order determined by coin flip.
1) Why is this a good time in your career to hold an elected office, specifically a City Council position?
Mr. Johnson responded that the Anacortes Family Center recently held a board retreat
addressing how the board should work with the new executive director and that he expected to have
more free time to devote to City Council now.
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Mr. Archibald responded that he joined the Board of Adjustment a couple of years prior to learn
how the City runs. He added that when he started his business five years ago he told himself he'd
give it five years and then get more involved and that anniversary recently occurred.
2) What is it like to work with you and how would others describe your leadership style?
Mr. Archibald responded that he is a good listener, very easy to get along with, plays devils
advocate and can see both sides of issues, has had the opportunity to work with lots of different
groups of people and learned that everyone has strengths and weaknesses and needs to get along.
Mr. Johnson responded that he is a good listener, is able to build coalitions on projects that
people thought were undoable, and that rather than saying follow me he invites people to move
forward together.
3) What would you like to accomplish during the first 90 days in office?
Mr. Johnson responded that in the Air Force he had a new job every three years and it took about
90 days each time to catch up, find out what's going on, find out who the players are, learn the
background of the issues, and determine what is in the realm of the doable, what is actually
achievable.
Mr. Archibald responded that he would get to know all the councilmembers, learn how the thought
process works, learn their philosophies, and also focus on connecting with people in the ward and
finding out what their needs and concerns are and building relationships.
4) Regardless of whether you are appointed to this position, is it your intent to file to run for office for the
Ward 3 position later this year?
Mr. Archibald responded yes, that was his long range plan two years ago when he joined the
Board of Adjustment.
Mr. Johnson responded yes, after all the training he gains during this short term he owes it to the
ward and the City to pay that back.
Executive Session: Review Qualifications of Candidates for Appointment to Elective Office
At approximately 7:45 p.m. Mayor Maxwell announced that he and councilmembers would convene in
executive session for approximately fifteen minutes to evaluate the qualifications of the candidates for
appointment to elective office.
Appointment of Ward 3 City Council Member
Mayor Maxwell called the meeting back to order at approximately 8:02 p.m. He expressed appreciation to
all nine candidates who applied for the position, explained that City Council asked two of those back to
interview this evening and then asked councilmembers, by show of hands, to indicate which candidate
they supported. Mr. Petrish, Mrs. Pickett, Mr. Turner and Mrs. Richardson indicated support for Mr.
Johnson. Mr. Adams and Mr. Geer indicated support for Mr. Archibald. Mr. Turner moved, seconded by
Mrs. Richardson, to appoint Eric Johnson to the vacant Ward 3 City Council position. Vote: Ayes—
Adams, Turner, Richardson, Geer, Petrish and Pickett. Motion carried. Mayor Maxwell thanked Mr.
Archibald for his work on the Board of Adjustment and in the community with the Boys and Girls Club and
other groups and urged him to continue with leadership roles in the future. Mr. Archibald thanked the
mayor and Council for the opportunity to apply and said he will continue his public service.
Oath of Office: Ward 3 City Council Member
City Clerk Steve Hoglund administered the oath of office to Eric Johnson. Mr. Johnson then joined the
councilmembers on the dais. Mr. Adams suggested that Mr. Johnson abstain from voting at this meeting
since he had not been able to study the packet materials in advance. Mayor Maxwell agreed that Mr.
Johnson could abstain on any issue if he felt it appropriate to do so.
Consent Agenda
Mrs. Richardson asked to remove Items (d), (e) and (f) regarding street fair applications from the Consent
Agenda.
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Mr. Turner moved, seconded by Mr. Adams, to approve the following three Consent Agenda items. Vote:
Ayes—Turner, Richardson, Geer, Johnson, Petrish, Pickett and Adams. Motion carried.
Approval of Vouchers/Cancellation of Warrants
Council voted unanimously that the following vouchers/warrants audited and certified by the City's
Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance
Committee on March 24, 2011 and March 31, 2011 are approved for payment as of this date April 4,
2011.
Claims Warrants
March 2011: Warrant Numbers 59669 through 59847 in the total amount of$3,118,894.01
EFT
March 2011: Warrant Numbers 59666 through 59668 in the total amount of$322.00
Prewritten Claims
March 2011: Warrant Numbers 59664 through 59665 in the total amount of$3,650.00
Cancellation of Warrants
March 2011: Warrant Number 58708 in the total amount of$13.32
March 2011: Warrant Number 58718 in the total amount of$84.07
March 2011: Warrant Number 56344 in the total amount of$3,680.00
March 2011: Warrant Number 59429 in the total amount of$25.00
March 2011: Warrant Number 55425 in the total amount of$400.00
March 2011: Warrant Number 59372 in the total amount of$21.63
In the same motion Council:
• accepted as complete the Ship Harbor Trail— Phase I contract with Northwest Trails, Inc. (10-
013-TRN-001); and
• authorized the Mayor to sign the Findings of Fact, Conclusions of Law and Decision for the
shoreline substantial development permit application for the Port of Anacortes Pier 2 Stormwater
Project.
Mrs. Richardson asked for clarification on exactly which streets would be closed for the Garden Art Fair
because the application was contradictory. The Mayor and Public Works Director Fred Buckenmeyer
advised that the closure in question would be R Avenue from 5th Street to 7th Street. Mr. Buckenmeyer
said to strike the reference to the Farmer's Market. Mrs. Richardson also asked why the applications for
the Waterfront Festival and the Oyster Run did not include certificates of liability insurance. Mr.
Buckenmeyer assured that both events would provide insurance. Mrs. Richardson moved, seconded by
Mr. Turner, to approve the following three street fair applications. Vote: Ayes— Richardson, Geer,
Johnson, Petrish, Pickett, Adams and Turner. Motion carried.
• Garden Art Fair on April 30 and May 1, 2011 from 10:00 a.m. to 5:00 p.m.;
• Anacortes Waterfront Festival on May 21, 2011 from 10:00 a.m. to 6:00 p.m. and May 22, 2011
from 10:00 a.m. to 5:00 p.m.; and
• Oyster Run on September 25, 2011 from 6:00 a.m. to 6:00 p.m.
Community Development Block Grant (CDBG) Review/Approve 2011/2012 Action Plan
Senior Planner Libby Grage introduced the one-year Action Plan for the 2011/12 CDBG fund allocation.
She stated that the City has to hold two public meetings each year to obtain citizen input and respond to
proposals and questions. The first meeting on February 2, 2011 opened the 30-day public comment
period. The second meeting being held this evening is to respond to proposals and questions and to
review and approve the funding distribution. Ms. Grage said City received no public comments except
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minor corrections from councilmembers which have been incorporated into the Plan. All applications
received during the open application period of December 1, 2010 through January 31, 2011 were
considered. Staff recommends approval of $15,000 to Skagit County Community Action Agency (SCCAA)
for public services, $38,000 for storm drain installation in the lower Cap Sante neighborhood, and
$80,000 for playground renovation at the 28th Street playground. Ms. Grage asked Council to close the
comment period, approve the recommendations for funding and approve forwarding the 2011/2012 Action
Plan to HUD. Mrs. Richardson so moved, seconded by Mrs. Pickett. Vote: Ayes—Geer, Johnson, Petrish,
Pickett, Adams, Turner and Richardson. Motion carried.
Annual Surplus of Vehicles and Equipment
Public Works Director Fred Buckenmeyer presented a list of 24 vehicles and other equipment ranging
from cars to weed whackers which staff is requesting that Council declare surplus. Mr. Buckenmeyer said
all the items on the list have served well past their useful lives. Mayor Maxwell advised that surplus
equipment will be auctioned on line at governmentsurplus.com so anyone can bid. Mr. Petrish inquired
about the year and mileage of the vehicles. Mr. Buckenmeyer said he would provide that information in
the future. Mr. Geer asked if the surplus process is the same as last year. Mayor Maxwell said the City
used to send surplus vehicles to Murphy's auction but the on-line auction has lower fees and buyers
transport the items. Mr. Turner moved, seconded by Mr. Geer, to declare the listed items surplus and to
authorize their sale by the most beneficial method. Vote: Ayes—Johnson, Petrish, Pickett, Adams,
Turner, Richardson and Geer. Motion carried.
Contract Award: North Texas Road Waterline Consultant Services through Construction of
Phase II (Gray& Osborne)
Mr. Buckenmeyer presented a consultant agreement with Gray& Osborne for consultant services for
Phase II of the North Texas Road waterline which will be constructed by Jennings Northwest this year.
Mr. Buckenmeyer said Gray& Osborne designed the project and has worked on many other projects for
the City over the years including the recent trestle repair structural design. He said the contract is a
typical scope of services for similar projects including submittal review, permitting, and record drawings.
Mr. Buckenmeyer recommended approval of the agreement for actual hours not to exceed $46,350. Mr.
Turner asked if there will also be City staff monitoring the project. Mr. Buckenmeyer clarified that the City
is performing construction management, inspection and contract management in house and that Gray &
Osborne will be consulting on design-related tasks. Mrs. Richardson called the proposed contract very
appropriate and moved, seconded by Mr. Turner, to approve the consultant service agreement with Gray
&Osborne for an amount not to exceed $46,350. Vote: Ayes— Petrish, Pickett, Adams, Turner,
Richardson, Geer and Johnson. Motion carried.
Ordinance: Adopting Regional Water Rates
Mr. Buckenmeyer said the City revises water rates every three years for regional customers based on
projected operating and capital costs and customer volume commitments. Due to the significance of the
Water Treatment Plant project costs legal counsel at Foster Pepper recommended adopting the
2011-2013 rates by ordinance so that they become part of the municipal code. This gives the City more
options if it should need to enforce the water contracts. Mr. Buckenmeyer requested one revision: on
Page 5, the period of the water charges for each of the six contracts should be changed to begin March 1,
2011 rather than February 1, 2011. Mr. Turner reminded the audience that these rates have been
discussed extensively in committee and said he is thankful the City is able to undertake the WTP upgrade
to ensure a safe and steady supply of water. Mr. Turner moved, seconded by Mr. Geer, to adopt
Ordinance 2851 relating to the City water utility and water supply system, setting rates and charges
pursuant to water supply agreements with certain regional wholesale and industrial customers, amending
Chapters 13.20 and 13.32 Anacortes Municipal Code, and ratifying and confirming prior acts. Mrs.
Richardson asked if the motion included Mr. Buckenmeyer's revision of the dates on pages 5 and 6 of the
proposed ordinance. Mr. Turner and Mr. Geer both agreed. Vote: Ayes— Pickett, Adams, Turner,
Richardson, Geer, Johnson and Petrish. Motion carried.
There being no further business, at approximately 8:30 p.m. Mayor Maxwell adjourned the regularly
scheduled City Council meeting of April 4, 2011.
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