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City Council Minutes—May 16, 2011
At 7:30 p.m. Mayor Maxwell called the regularly scheduled Anacortes City Council meeting of
May 16, 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. Johnson moved, seconded by Mr. Geer, that the minutes of May 2, 2011 be approved as if read.
Vote: Ayes— Pickett, Adams, Richardson, Geer and Johnson. Abstain: Petrish and Turner. Motion
carried.
Citizen Hearings
Tom Glade, 210 Mansfield Court, representing Evergreen Islands, quoted from the MSRC report titled
The Appearance of Fairness Doctrine in Washington State regarding written testimony. Mr. Glade said
that RCW 42.36.060 allows decision makers to accept written correspondence from anyone provided the
correspondence is disclosed and made part of the record of the quasi-judicial proceeding. He disputed
the Planning Director's contention that all written comments should be submitted to the Director for
distribution in order not to jeopardize the legality of the proceeding. Mr. Glade said he has previously sent
his comments directly to staff and Planning Commissioners with copies to City Council to achieve more
timely distribution, better quality copies, and a text-searchable format. Mayor Maxwell clarified that the
City's responsibility is to ensure that the official record is complete and invited Mr. Glade to discuss the
matter further with him at a later date.
Mayor/Council Communication
Annual Recycling Contest Awards: Public Works Director Fred Buckenmeyer provide a brief overview of
Solid Waste Department operations including the special programs and public education that have made
recycling very successful in Anacortes. He said Anacortes has the highest recycling rate in Skagit County
and is well above the state average. Turning to the contest, Mr. Buckenmeyer introduced judge Lin
Folsom of the Public Works Citizens Advisory Committee who was assisted this year by Monica Oppel,
Barb Schwultz and Michelle Romag to select eight winners from the more than 80 contestants. Mayor
Maxwell then presented plaques to Jessica Augustoni, Sally Vaux, Ryan Metcalf, Debolika Sen, Fiona
Frein, Caitlin O'Connor, Jeremy Willson and Emily Fitchett while Mr. Buckenmeyer displayed their art for
the audience. The students received enthusiastic applause. Mr. Turner and Mrs. Richardson thanked
their teachers and families for developing these young creative talents.
Mayor Maxwell announced an informational regional fire authority meeting on Tuesday, May 17, 2011 at
the Educational Service District.
Mr. Petrish praised the new Guemes Channel trail and noted the ADA-accessible surface and grade and
the gorgeous view. He encouraged the public to visit the trail. Mr. Petrish also said he has been
concerned for over 14 years about ivy infestation on Cap Sante. He announced that Mrs. Pickett is putting
together a long range plan to eradicate English ivy from Cap Sante and he encouraged the public to
volunteer as opportunities unfold. Mr. Turner asked if Scotch broom will also be addressed.
Mr. Geer thanked the Wrestlers for Life and Chamber of Commerce for installing the seasonal flower
baskets downtown over the weekend.
Mr. Adams reported that he attended basic firefighter training with Anacortes firefighter James Wireman in
Richland, Washington on May 5 and 6. He said he gained an appreciation of the challenges faced by
firefighters.
Mr. Petrish announced that at 11:30 a.m. on Friday, May 20 the Port of Anacortes will host the grand re-
opening of Seafarers' Memorial Park following the extensive clean up at the former Scott Paper Mill site.
Anacortes City Council Minutes May 16, 2011 1
Consent Agenda
Mr. Geer moved, seconded by Mr. Turner, to approve the following Consent Agenda items. 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 May 5, 2011 and May 12, 2011 are approved for payment as of this date May 16, 2011.
Claim Checks
May 2011: Check Numbers 60235 through 60415 in the total amount of$1,753,898.54
EFT
May 2011: EFT Numbers 60222 through 60234 in the total amount of$3,319.38
Payroll for May 5, 2011 in the total amount of $793,537.38
Check Numbers 35900 through 35952 in the total amount of$41,597.13
Direct Deposit Numbers from 39613 through 39814 in the total amount of$576,026.12
EFT Number from 1275 in the total amount of$175,914.13
Cancellation of Checks
May 2011: Check Number 57604 in the total amount of$114.77
May 2011: Check Number 60089 in the total amount of$116.00
Waived Fees
UB-NSF for Account Number 130-4140-01/00000822 in the total amount of $25.00
In the same motion Council accepted as complete the 2011 Waterline Replacements project by
Strandberg Excavation & Commercial Construction (Contract 11-002-WTR-001).
Closed Record Hearing: Anacortes Memory Care Conditional Use Permit
Senior Planner Libby Grage reported that staff has requested a continuance of the Closed Record
Hearing for the Anacortes Memory Care project Conditional Use Permit. She explained that staff
inadvertently scheduled the closed record hearing with some time overlaps and that to allow sufficient
time for appellants and the applicant to submit written arguments the hearing will be continued to June 6,
2011.
Contract Award: Wastewater Treatment Plant Aeration Basin Blower Replacement
Mr. Buckenmeyer asked Council to award a contract to replace the blower for the aeration basin at the
Wastewater Treatment Plant. Mr. Buckenmeyer reported that Puget Sound Energy has granted the City
$162K towards the estimated $270K cost of the overall project because of the significant energy savings
that will be realized. He said the City received three bids on May 10, 2011 and the low bid was from
Aerzen USA Corporation for$67,289.58 including tax. Staff recommended awarding the contract to
Aerzen USA. Mr. Turner said it was exciting to be able to save so much energy and asked who had the
idea. Mr. Buckenmeyer said the WWTP plant operators are very determined to save as much energy as
they can. Mr. Johnson asked why the City is paying use tax on this project. Mr. Buckenmeyer said most
contractors pay sales tax but some, particularly if out of state, elect to have the City pay Use Tax instead.
Mrs. Richardson pointed out that the net cost to the City is the same either way. Mr. Adams stressed that
the new system will reduce annual energy use from 845,000 kilowatt hours to 280,000 kilowatt hours, a
two thirds reduction. Mr. Adams moved, seconded by Mr. Geer, to award a contract to Aerzen USA
Corporation for$62,190. Ayes—Adams, Turner, Richardson, Geer, Johnson, Petrish and Pickett. Motion
carried.
Anacortes City Council Minutes May 16, 2011 2
Contract Award: Install Sprinkler System at Fire Station I
Facilities Manager Russ Pittis asked Council to award a contract to install a sprinkler system at Fire
Station 1. Mr. Pittis explained that the City received a grant from FEMA for$152,500 (including City
match) for exhaust systems and sprinkler systems at the fire stations. Part of the grant was used to install
the exhaust systems and $82,185 in grant funds remain for the sprinklers. Two bids came in for the
sprinklers and the low bid from Commercial Fire Protection was $137,921.38 for Fire Stations 1 and 2.
Staff recommended awarding a contract to Commercial Fire Protection for$80,449.95 to install sprinklers
at Fire Station 1 only. Mr. Geer asked if there is a long range plan to add sprinklers to Fire Station 2.
Mayor Maxwell said the City will apply again for additional grant funds for Station 2. Mr. Geer moved,
seconded by Mr. Turner, to award a contract to Commercial Fire Protection for$80,449.95. Ayes—
Turner, Richardson, Geer, Johnson, Petrish, Pickett and Adams. Motion carried.
Contract Award: Pennsylvania Avenue Reconstruction—Phase 3
Mr. Buckenmeyer reviewed the work performed to date and the scope of work for the final phase of the
Pennsylvania Avenue reconstruction. He said the City received seven bids on May 10, 2011 and the low
base bid was from C. Johnson Construction, Inc. of Oak Harbor for$517,702.80, significantly below the
Engineer's Estimate of$731,000. Mr. Buckenmeyer said C. Johnson has worked satisfactorily for the City
before and staff recommended awarding a contract to C. Johnson Construction for the base bid and Bid
Alternate A for stone wall fencing on top of the retaining wall in the amount of$19,950 for a total contract
of$537,702.80. Mr. Turner asked if the fence is required by code. Mr. Buckenmeyer said the location
does not require a guardrail but a fence would be prudent. The mayor concurred. Mr. Petrish asked if
Pennsylvania Avenue would be closed during construction. Mr. Buckenmeyer said yes. Mrs. Richardson
admitted that the Alternate A fence would be more attractive than the simple chain link fence in
Alternate B but said the price difference is over$14K and she felt the less expensive chain link fence
would be adequate for this location noting. She added that there are many other places the city could
spend those funds in this difficult budget time. Mrs. Richardson moved, seconded by Mr. Turner, to award
a contract to C. Johnson Construction for the base bid plus fencing Alternate B. Mrs. Pickett asked where
the funds for the alternates come from and if they could be redirected. Mr. Buckenmeyer said they are in
the Public Works budget, Fund 105, and they could be spent on another project. Mayor Maxwell said that
Alternate A was more appealing to the project neighbors. Mr. Petrish said he would vote against the
motion because he did not think chain link would look good in that scenic area. Mr. Adams said the black
coated chain link, as used on Sunset Avenue, is easy to see through and is not unattractive. Mrs.
Richardson noted the fence will eventually need maintenance and an upgrade could be considered in a
future, better budget year. Mr. Johnson asked the exact location of the fence. Mr. Buckenmeyer
described the location, adjacent to the one home along the route. Mr. Johnson agreed with Mr. Petrish
that it would not look good to have a wire fence. Mrs. Richardson amended her motion, seconded by Mr.
Turner, to award the base bid only to C. Johnson Construction with fencing to be considered separately
in the future. Ayes— Richardson, Geer, Johnson, Petrish, Pickett, Adams and Turner. Motion carried. Mr.
Petrish requested photos of the proposed fencing. Mr. Buckenmeyer agreed.
There being no further business, at approximately 8:22 p.m. Mayor Maxwell adjourned the regularly
scheduled City Council meeting of May 16, 2011.
Anacortes City Council Minutes May 16, 2011 3