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HomeMy WebLinkAbout2011-02-07 City Council Minutes Approved GST Y Off' OOR City Council Minutes— February 7, 2011 At 7:30 p.m. Mayor Pro-Tem Brad Adams called the regularly scheduled Anacortes City Council meeting of February 7, 2011 to order. Roll call found present: Kevin McKeown, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and Brian Geer. Nick Petrish was absent. Mr. McKeown moved, seconded by Mr. Geer, to excuse the absence of Mr. Petrish in light of his illness. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer and McKeown. Motion carried. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mr. Turner moved, seconded by Mr. McKeown, that the minutes of January 18, 2011 be approved as if read. Mrs. Richardson asked that Ray Sizemore's name be corrected in the minutes. Mr. Turner and Mr. McKeown accepted the correction. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown and Pickett. Motion carried. Citizen Hearings No one present wished to speak on any item not already on the agenda. Mayor/Council Communication Police Chief Bonnie Bowers introduced new police captain Grant Lightfoot who recently joined the Anacortes Police Department from Cle Elum County. Captain Lightfoot replaces Captain Ken Clark who retired last fall. Chief Bowers described the lengthy selection process and the range of skills Captain Lightfoot brings to the department. She added that Captain Lightfoot started on February 1 and was sworn in that day. Captain Lightfoot said he has found his experience in town thus far to be very positive and greeted the councilmembers present. Mr. Turner reported on his recent trip with the morning Rotary Club to Guatemala. He said the club shipped 53,000 Spanish language books to a library in Guatemala then went to the library and cataloged the books. He added that a bookmobile sponsored by the Rotary Club for the past five years takes these books out into the countryside where libraries are not available and mentioned a number of other worthwhile volunteer efforts undertaken by community members in that region. Mr. Adams advised that Mayor Maxwell was away at an Association of Washington Cities conference. Unfinished Business: Ordinance- 2010 Development Regulation Amendments Planning Director Ryan Larsen introduced a proposed ordinance adopting the 2010 Development Regulation Amendments as per City Council direction at the January 18, 2011 regular City Council meeting. He stated that Mrs. Richardson had requested a change to Section 17.48.010(K) of the draft ordinance that was included in the Council packet and that he had distributed hard copy of that change to each councilmember's mail box. City Attorney Brad Furlong proposed the following language for 17.48.010(K): "Within one year of adoption of this ordinance, non-conforming cargo containers and tent structures shall conform with Section 17.48.010 or be removed." Mr. Larsen said staff recommended approval of the ordinance with that change. Mrs. Richardson moved, seconded by Mr. Geer, to adopt Ordinance 2847 amending Chapter 17.24 Commercial District (C); Chapter 17.40 Signs; and Chapter 17.48 Accessory Buildings, Storage and Docks of the Anacortes Municipal Code with the revised language in Section 17.48.010(K). Vote: Ayes—Turner, Richardson, Geer, McKeown, Pickett and Adams. Motion carried. Consent Agenda Mr. Turner moved, seconded by Mrs. Richardson, to approve the following Consent Agenda items. Vote: Ayes— Richardson, Geer, McKeown, Pickett, Adams and Turner. 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 Anacortes City Council Minutes February 7, 2011 1 Committee on January 20, 2011, January 27, 2011 and February 3, 2011 are approved for payment as of this date February 7, 2011. Claims Warrants January and February 2011: Warrant Numbers 58947 through 59162 in the total amount of $712,552.07 EFT January and February 2011: Warrant Numbers 58944 through 58946 in the total amount of$469.10 Pre-Written Claims February 2011: Warrant Number 58943 in the total amount of $80.00 Payroll for February 4, 2011 in the total amount of$799,167.68 Warrant Numbers 35587 through 35624 in the total amount of$38,054.89 Direct Deposit Numbers from 38470 through 38668 in the total amount of$583,358.79 EFT Numbers from 1237 through 1242 in the total amount of$177,754.00 In the same motion Council accepted as complete the Emergency Waterline Repair at La Conner- Whitney Road and SR20 by Construction Unlimited, Inc. (Contract 10-043-WTR-001). Recreation Update Recreation Coordinator Nicole Johnston reported on winter recreational activities. She said 146 boys in grades 1 through 6 are playing basketball this year and an additional 97 youngsters are playing pee wee basketball. She said tickets are still available for the 7th Annual Daddy Daughter-Dance coming up on February 26. The Dallas Kloke Memorial Sunset Loop 10-Mile Relay Run is also coming up on March 12. Mr. Geer complimented Ms. Johnston and Recreation Manager Dustin South for their phenomenal work organizing the basketball program. Mrs. Pickett echoed his sentiments. Mr. Adams added that Recreation staff do a wonderful job engaging volunteer coaches as well as participants. Resolution: Authorizing Change Funds Finance Director Steve Hoglund advised that petty cash and change funds in the city are established by resolution for each department. He presented a proposed resolution to increase the change funds at the library and police station in order to establish second, separate change drawers at those locations to improve internal controls over cash on the recommendation of the State Auditors. Mr. Geer said the Council Finance Committee had discussed this housekeeping matter and moved, seconded by Mrs. Pickett, to approve Resolution 1817 updating petty cash and change funds and repealing Resolution 1794 dated January 19, 2010. In response to a question from Mr. Adams, Mr. Hoglund clarified the difference between petty cash and change funds. Vote: Ayes—Geer, McKeown, Pickett, Adams, Turner and Richardson. Motion carried. Ordinance: Public Use and Necessity for Pennsylvania Avenue Roadway Reconstruction Phase 3 Public Works Director Fred Buckenmeyer introduced a proposed ordinance that would allow the city to acquire two small privately owned parcels in order to complete the Pennsylvania Avenue improvement project. Mr. Buckenmeyer explained that the city has worked for over a year with the assistance of legal counsel at Foster Pepper to reach agreement with the parcel owners but that agreement has not yet been signed by the current owners. He said the proposed ordinance would be the first step in the formal process of condemnation should the agreement fail to be executed but it does not preclude the city from reaching settlement with the property owners. He explained the design alignment of the project with 28' wide streets, curb and gutter on both sides and sidewalk on one side. Mr. McKeown asked how the 28' width compares to other city streets and Mr. Buckenmeyer said it was comparable for similar neighborhoods. Mr. McKeown asked if the sightlines at the grade change would be improved. Mr. Buckenmeyer and Engineer Steve Lange said the grade at the dip would be 4-6 feet higher than existing when completed to achieve standard design conditions for a 25 mph street. Mr. McKeown moved, seconded by Mrs. Pickett, to approve Ordinance 2848 Relating to Eminent Domain; Authorizing and Providing for the Acquisition of Certain Properties for the City Street/Road System, Specifically the Improvement of Pennsylvania Avenue from Anacopper Road to Kingsway; Providing for the Anacortes City Council Minutes February 7, 2011 2 Condemnation, Appropriation, Taking and Damaging of Land and Other Property Rights Necessary Therefore; Authorizing the City Attorney to File a Petition for Condemnation in Skagit County Superior Court and to Prosecute the Same. Acknowledging that her comment did not specifically pertain to the motion on the floor, Mrs. Richardson questioned why the City was not building to the same standards it requires of private developers such as sidewalks on both sides of the street and parking on one side. Mr. Buckenmeyer described how the designed Pennsylvania Avenue improvements were appropriate for that particular location. Mrs. Richardson reiterated that her objection was not to specifics of this project but, on principle, to the city not upholding or exceeding the standards it requires of private developers. Mr. McKeown acknowledged Mrs. Richardson's comment but said the Pennsylvania Avenue design thoughtfully minded the public's money in severe economic times and expressed support for that frugality. Mrs. Pickett supported Mrs. Richardson's comments and called it aggravating that the city imposes requirements on developers but doesn't follow them itself. Mr. Turner defended the Engineering Department, said the city is working towards more consistency, and said they need to use common sense. Mr. Adams asked about the compensation for the property. Mr. Buckenmeyer said the city made a monetary offer and met the counteroffer but the final agreement has not been signed; he noted that the property is owned by an estate controlled out of town. If no agreement is finalized the proposed ordinance addresses just compensation. Vote: Ayes—McKeown, Pickett, Adams, Turner, Richardson and Geer. Motion carried. Resolution: Increasing Signature Authority for the Mayor for Water Treatment Plant Project Only Mr. Buckenmeyer asked Council to approve a resolution temporarily increasing the mayor's signature authority for the Water Treatment Plant improvement project. Referencing the recent$57M contract for the plant improvements, Mr. Buckenmeyer said staff does not currently anticipate change orders on that contract. He noted that the Engineering Department strives to minimize change orders and now has a change order rate of approximately 8% overall which continues to decline. Mr. Turner noted that the WTP Improvement construction contract is bigger than any the city has ever issued and said increased signature authority for the mayor may save the city money in some instances where time is of the essence. He added that he expects that Council will still be asked to approve change orders whenever the timing allows. Mr. Turner moved, seconded by Mr. McKeown, to adopt Resolution 1818 temporarily increasing the dollar limit of contract change orders the Mayor of the City of Anacortes is authorized to sign for the Water Treatment Plant Improvement Project only. Mrs. Richardson asked Mr. Furlong if Council could add a requirement that if the mayor exercises that increased authority, he notify councilmembers so they are aware of the fact. Mr. Furlong said yes, that would be more than appropriate, and suggested adding a sentence to the next to the last paragraph that the mayor shall report any such exercise of authority at the next City Council meeting. Mr. Turner and Mr. McKeown accepted the friendly amendment. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer and McKeown. Motion carried. Ordinance: Establishing the Permit Requirements for Oversized and Super Load Transports Mr. Buckenmeyer presented a proposed ordinance to establish the size and weight parameters of an "Oversize Transport," revise the current application fee, and allow the city to be reimbursed for staff time associated with preparing for oversized and super load transports. He said currently the city charges a flat fee of$50 regardless of the size of the project. He recalled the complexity, extensive staff time and public infrastructure damage involved in a recent large transport. Mr. Buckenmeyer reported that the proposed ordinance was prepared by Mr. Furlong and reviewed by the Council Public Works Committee. He added that the ordinance mirrors WSDOT criteria for consistency. He reviewed the ratings and fees included in the ordinance. Mr. Geer agreed with the goal of recouping funds to repair damage caused by oversize loads but asked if the proposed ordinance would discourage local business. Mr. Buckenmeyer replied that the staff time involved would not typically cost more than a couple thousand dollars. Damage repair costs would depend on the situation. Mr. McKeown confirmed that permit applicants would be responsible for the actual cost of damage repair. Mr. Buckenmeyer said yes and that they also have to post a bond to be sure it happens. Mrs. Pickett expressed concern that the ordinance was too open ended as regards staff time. Mr. Buckenmeyer reassured Council that he did not foresee staff costs exceeding several thousand dollars in even the most complicated situations. Mr. Turner said the city has no incentive to Anacortes City Council Minutes February 7, 2011 3 cause high costs for moving equipment and boats through town but does have to protect its streets. Mrs. Richardson agreed with Mr. Turner. Mrs. Richardson raised a question about the permit timing, noting that if an applicant applies seven days in advance as required and the city takes its allowed five days to review the application, the applicant would have only two days of notice if the application were denied. She suggested that applications should be made 14 days in advance. Mr. Buckenmeyer agreed. Mrs. Richardson noted the ordinance calls the city's decision "unappealable in any form" and asked Mr. Furlong if that is legal. Mr. Furlong said yes, permit approval is an administrative decision. Mrs. Richardson asked if an applicant could sue the city over a permit denial. Mr. Furlong replied that anyone can sue anyone for anything but is not guaranteed to prevail. Mrs. Richardson questioned the wording of the first bulleted item under Section 2, Item 3. She asked if the second sentence referred to moving utilities. Mr. Buckenmeyer suggested the wording "...that the movement of affected utilities is necessary". Mrs. Richardson and Mr. Furlong agreed. Mr. McKeown moved, seconded by Mr. Geer, to adopt Ordinance 2849 establishing the permit requirements for oversized and super load transports with the changes proposed by Mrs. Richardson. Mr. McKeown added that he didn't have a problem with the original 7 day requirement. Mrs. Pickett asked how long a permit is valid once approved. Mrs. Richardson suggested duration is specified in the application. Mr. Furlong said the motion on the floor would need to be amended to specify a duration. Mrs. Pickett suggested specifying 180 days. Mr. McKeown and Mr. Geer accepted the friendly amendment. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown and Pickett. Motion carried. Task Order Modification: Water Treatment Plant Mr. Buckenmeyer presented a request from HDR for a task order modification to its contract for the WTP design. He said HDR presented the request for additional compensation back in November and that staff had reviewed each alleged instance of unanticipated/value-added costs. Mr. Buckenmeyer concluded that$79,583 of the $262,236 requested was for additional work outside the scope of the contract. He recommended that Council approve a change order in the amount of $79,583 to HDR. Mr. McKeown questioned why additional work was not pre-approved and asked why notice was not given at the time. Mr. Geer asked why the changes had not come before Council when the work was performed. Mr. Buckenmeyer explained that the content and timing of the request was not unusual for a design project of this scope and duration, noting that at the peak of the design effort HDR had 40 people working on the project. Mr. Turner and Mrs. Richardson agreed that Mr. Buckenmeyer's explanation reflected industry norms. Mr. Turner asked if staff was satisfied with HDR's work product. Mr. Buckenmeyer said absolutely. Mrs. Richardson moved, seconded by Mr. Turner, to approve a task order modification to HDR for $79,583. Mr. McKeown asked if HDR would accept the amount as final. Mr. Buckenmeyer said HDR has already confirmed that it will accept that amount. Mr. Furlong advised that the modification document will include a release. Mr. McKeown moved to amend the motion to require full and final release from HDR. Mr. Turner and Mrs. Richardson accepted the friendly amendment. Mr. Adams noted HDR is still working on the WTP improvements and asked why the modification could not be addressed as part of that work. Mr. Buckenmeyer explained that the design and construction management contracts were separate. Vote: Ayes—Turner, Richardson, Geer, McKeown, Pickett and Adams. Motion carried. Contract Award: Small Mains Waterline Replacement Prolect Mr. Buckenmeyer asked Council to award a contract for the annual small mains waterline replacement work. He outlined the scope of the 2011 project and presented the bid results from the seven bidders. Mr. Buckenmeyer said Strandberg Excavation was the low bidder at $157,376.90 compared to an Engineer's Estimate of$185,520.80 and recommended award of the contract to Strandberg Excavation. Mr. Adams asked where the additional funding will come from since the 2011 budget includes only $120,000 for this item. Mr. Buckenmeyer said this annual project is typically budgeted in the $200K range and that Mayor Maxwell and the Finance Director had advised that using an additional $40K from the water fund would be possible. A budget amendment will be presented to Council later in the year if it is necessary. Mr. Turner moved, seconded by Mr. McKeown, to award the 2011 Waterline Replacement contract to Strandberg Excavation for$157,376.90. Vote: Ayes— Richardson, Geer, McKeown, Pickett, Adams and Turner. Motion carried. There being no further business, at approximately 8:45 p.m. Mayor Pro-Tem Adams adjourned the regularly scheduled City Council meeting of February 7, 2011. Anacortes City Council Minutes February 7, 2011 4