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City Council Minutes—August 15, 2011
At 7:30 p.m. Mayor Maxwell called the regularly scheduled Anacortes City Council meeting of
August 15, 2011 to order. Roll call found present: Eric Johnson, 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 August 1, 2011 be approved as if read.
Vote: Ayes— Petrish, Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried.
Citizen Hearings
No one present wished to speak on any item not already on the agenda.
Mayor/Council Communication and Committee Reports
Police Chief Bonnie Bowers introduced new police officer Jackie Richter who replaces retired Sergeant
Wayne Kortrud. Chief Bowers said Officer Richter is a Mount Vernon High School graduate and called
her an outstanding addition to the force. Mayor Maxwell administered the oath of office to Officer Richter.
Councilmembers welcomed her to the Police Department.
Mayor Maxwell noted that all councilmembers had recently received an invitation from Attorney Alan
Souders to attend Sam Chebeir's open house. City Attorney Brad Furlong said it would be most
appropriate for councilmembers not to attend this event because Mr. Chebeir's proposal could lead to a
quasi-judicial hearing before City Council and exposure to a presentation from the applicant could
disqualify councilmembers from ruling on the matter. Mr. Furlong recommended that councilmembers not
attend. Mayor Maxwell asked Mr. Furlong to send a letter to Mr. Souders explaining the recommendation.
Mrs. Pickett clarified that Council would likely hold an official, advertised site visit before taking any action
in the matter.
Mr. Geer reported from the Public Works Committee on progress at the Water Treatment Plant
improvement project and the Pennsylvania Avenue project. He said the City is aggressively pursuing
national and regional grants. Mr. Turner announced the Traffic Safety Committee meeting on
August 16, 2011. He reminded that City Council Committee meetings always involve less than a quorum
of the City Council and are always open to the public. Mayor Pro Tem Adams said he was updating the
list of City Council committees to be sure all the members and meeting times are accurate. He noted that
some Committees meet regularly and some are ad hoc.
Mr. Adams reported that the Anacortes Sister Cities Association has been very busy this summer,
welcoming Japanese students and Romanian dancers and planning for a trip to Croatia. Mr. Adams
thanked the public for supporting and hosting these groups.
Consent Agenda
Mrs. Richardson moved, seconded by Mr. Turner, to approve the following Consent Agenda items. Vote:
Ayes— Pickett, Adams, Turner, Richardson, Geer, Johnson and Petrish. 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 August 4, 2011 and August 11, 2011 are approved for payment as of this date August 15, 2011.
Anacortes City Council Minutes August 15, 2011 1
Claim Checks
August 2011 Check Numbers 61355 through 61529 in the total amount of $1,722,572.43
EFT
August 2011: EFT Numbers 61340 through 61354 in the total amount of $3,704.59
Prewritten Checks
August 2011: Check Number 61339 in the amount of$410.25
Payroll for August 5, 2011 in the total amount of$863,650.03
Check Numbers 36235 through 36300 in the total amount of$47,974.77
Direct Deposit Numbers from 40780 through 40985 in the total amount of$615,183.01
EFT Numbers from 1313 through 1318 in the total amount of$200,492.25
Contract Award: South Fidalgo Bay Road Project— Phase 2
Public Works Director Fred Buckenmeyer requested approval to award a contract for South Fidalgo Bay
Road, Phase 2. Mr. Buckenmeyer said the project will include utility improvements and construction of
approximately 1,950 LF of asphalt roadway. He reported that six bids were received for the July 20, 2011
bid opening and the low responsive, responsible bidder was C. Johnson Construction, Inc. of Oak Harbor
at$939,715.60 compared to the Engineer's Estimate of$1,170,205. Mr. Buckenmeyer noted that
C. Johnson is currently performing the Pennsylvania Avenue Phase 3 project and has previously done
other work for the City. Mr. Buckenmeyer said the City received a Transportation Improvement Board
(TIB) grant for$711,354 and a Skagit County Economic Distress Grant for$139,776 to help fund the
project. He added that the Water and Sewer funds will pay for the utility improvements in the amount of
$216,990. Mr. Buckenmeyer recommended awarding the contract to C. Johnson Construction, Inc. Mr.
Turner moved, seconded by Mrs. Richardson, to award the contract to C. Johnson Construction, Inc. for
$939,715.60. Mr. Petrish asked if a left turn lane will be installed at Old Brook Lane and SR20. Mr.
Buckenmeyer said it is not part of the current project but that the future roundabout WSDOT intends to
install at Sharpes Corner will include a left turn lane or some similar improvement. Mr. Adams asked if the
new road will serve as a through street in addition to accessing the planned business park. Mr.
Buckenmeyer said yes, it will provide local access for Fidalgo Bay Estates. Vote: Ayes—Adams, Turner,
Richardson, Geer, Johnson, Petrish and Pickett. Motion carried.
Contract Modification: Rock Excavation for the Pennsylvania Avenue Reconstruction Project—
Phase 3
Mr. Buckenmeyer explained that Phase 3 of the Pennsylvania Avenue Reconstruction project
encountered significantly more rock than expected. He said two geotechnical consultants estimated the
rock quantities prior to bid and the design was altered to raise the road and the sanitary sewer line to
work around the rock but the contractor still hit more than anticipated, a total of 685 cubic yards vs. the
100 cubic yards expected. Mr. Buckenmeyer explained that per WSDOT standard specs if a bid item
quantity changes by 25% or more unit prices are subject to renegotiation. The contractor has proposed
an increase of$94,004.16 or$137.23/cy. Mr. Buckenmeyer said that this increase will be offset
somewhat because the increased rock has allowed some other work to be eliminated from the contract
including reducing the size of the retaining wall and eliminating some utilities. He said the net effect on
the contract price is estimated to be about$70K but only the additive $94K change order was being
requested at this meeting. Mayor Maxwell clarified that removing rock is expensive because it has to be
blasted. Mr. Buckenmeyer noted that the sewer utility not the general fund will pay the increased cost for
the sewer trench. Mr. Turner said the contractor's pricing seemed appropriate but asked why more
exploratory holes weren't dug before the bid. Mr. Buckenmeyer said the City did conduct a geotechnical
investigation but that if rock is encountered the City still has to pay to remove it so paying for extensive
investigation beforehand doesn't net the City any savings. In response to a question from Mr. Geer, Mr.
Buckenmeyer confirmed that funds are budgeted to cover the increase. Mr. Geer moved, seconded by
Mrs. Pickett, to approve a change order in the amount of$94,004.16 to C. Johnson Construction, Inc. Mr.
Adams asked where the excess rock went. Mr. Buckenmeyer said in this case the bulk of it was used for
Anacortes City Council Minutes August 15, 2011 2
the road base resulting in a reduction in the gravel base and borrow costs. Vote: Ayes—Turner,
Richardson, Geer, Johnson, Petrish, Pickett and Adams. Motion carried.
Contract Modification: Engineering Consultant Support for Water Treatment Plant Improvements
jHDR)
Mr. Buckenmeyer requested a contract amendment to HDR's contract for engineering services on the
Water Treatment Plant improvement project. Mr. Buckenmeyer reminded that HDR is the project's design
engineer and performs design conformance, submittal review, contract interpretations, special
inspections, etc. He said the City decided to issue annual contracts to HDR rather than one lump sum for
the entire three-year project. Because the prime contractor has decided to work through some contractual
and submittal issues early some of HDR's anticipated 2012 work load has shifted into 2011. The
proposed amendment for$435,919 in 2011 will result in a reduction of HDR's contract costs in 2012. He
said staff recommends approval. Mrs. Pickett questioned the scale of the amendment. Mr. Buckenmeyer
said this is about 40% of HDR's $1 M contract for 2011. Mrs. Pickett asked if the amendment would alter
HDR's total contract amounts for the project. Mr. Buckenmeyer said no, it just shifts anticipated expense
from one year to another. Mr. Johnson asked if the amount is in the budget. Mr. Buckenmeyer said it is in
the funding plan for the project. Mayor Maxwell cautioned that the project may still encounter situations
that involve additional work by HDR but this particular change is not for additional work. Mrs. Richardson
called it a good sign that the general contractor is planning in advance and getting questions answered up
front. Mayor Maxwell agreed. Mr. Turner clarified that if the City had issued a single 3-year contract to
HDR this amendment amount would have been wrapped into the overall contract. Mr. Adams moved,
seconded by Mr. Geer, to approve a task order amendment to HDR Engineering, Inc. for$435,919. Vote:
Ayes— Richardson, Geer, Johnson, Petrish, Pickett, Adams and Turner. Motion carried.
Community Service Work Contract: Ace of Hearts Park
Parks and Recreation Director Gary Robinson requested approval of a Community Service Work Contract
for improvements at Ace of Hearts Rotary Park. Mr. Robinson provided an overview of the park design
and progress to date including the dog park, parking lot, and the baseball field that is now under
construction. He said turf, irrigation, backstops, etc. are being installed this year and the parking lot base
course is also being installed. Mr. Robinson praised how well Community Service Work Contracts have
worked in the past. Mr. Turner commented that he has coordinated such work for his Rotary Club before
and said the contracts work very well and provide a great benefit to the City. Mr. Petrish inquired about
the levels of play that will be accommodated by the new baseball field. Mr. Robinson summarized the
levels of play that could use the 200-foot fence field and described it as a facility for youth rather than
adult leagues. He also explained the field configuration at Volunteer Park and the tournaments the two
facilities could host. Mrs. Richardson commented that Ace of Hearts Rotary Park fills the need for a
neighborhood park in the area. Mr. Robinson agreed and said that the irrigated turf will be available for
other uses during the off-season. Mr. Adams called it a great success that the dog park and Little League
field could both be accommodated on the site. Mr. Johnson asked the total project price. Mr. Robinson
said the City has received a grant from the State for about$50K, Rotary Club will contribute $15K, Little
League will put in $5K and the City will pay$32K to the Rotary Club as part of its grant match. The overall
project is estimated to cost about$100K overall. Mr. Turner moved, seconded by Mr. Adams, to approve
the Community Service Work Contract in the amount of$31,500 with the Anacortes Rotary Charitable
Organization. Vote: Ayes—Geer, Johnson, Petrish, Pickett, Adams, Turner and Richardson. Motion
carried.
There being no further business, at approximately 8:15 p.m. the regular Anacortes City Council meeting
of August 15, 2011 adjourned.
Anacortes City Council Minutes August 15, 2011 3