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HomeMy WebLinkAbout2011-09-06 City Council Minutes Approved t9 w City Council Minutes—September 6, 2011 At 7:00 p.m. Mayor Pro Tern Brad Adams called the regularly scheduled Anacortes City Council meeting of September 6, 2011 to order. Roll call found present: Eric Johnson, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner and Brian Geer. Cynthia Richardson was absent. Roll call was followed by the Pledge of Allegiance. Mr. Geer moved, seconded by Mrs. Pickett, to excuse the absence of Mrs. Richardson. Vote: Ayes— Petrish, Pickett, Adams, Turner, Geer and Johnson. Motion carried. Minutes of Previous Meeting Mr. Johnson moved, seconded by Mr. Turner, that the minutes of August 15, 2011 be approved as if read. Vote: Ayes— Pickett, Adams, Turner, Geer, Johnson and Petrish. Motion carried. Citizen Hearings No one present wished to speak on any item not already on the agenda. Mayor/Council Communication and Committee Reports Mr. Geer reported from the Public Works Committee regarding progress on the North Texas Road Waterline project, the Wastewater Treatment Plant diffuser project and the Pennsylvania Avenue project. He announced that Pennsylvania Avenue is due to reopen on September 16, 2011. Mr. Geer said staff is also aggressively pursuing grants for public works projects including Safe Routes to School grants, HES grants from WSDOT to reduce traffic accidents at key intersections, and a TIGER 3 grant to fund completion of the Guemes Channel Trail. Mr. Adams reported from the Public Safety Committee. He said the Committee met the prior week to review the ordinances on the current agenda. It also discussed with Fire Chief Richard Curtis the regional fire authority meetings that will be starting up in the autumn between Fire Districts 11 and 13 and the Anacortes Fire Department to explore ways to work together more efficiently. He said District 17 may also participate. Mr. Adams reported on a recent tree fire at Heart Lake which was called in by an early morning jogger and extinguished with the help of a tree faller from the Department of Natural Resources. Mr. Geer invited the public to the Chamber of Commerce Century Celebration on Thursday, September 8 outside the Chamber offices at 9t" Street and Commercial Avenue beginning at 3:00 p.m. He said prominent speakers and refreshments from the Rockfish Grill would be featured. Redistricting Wards Planning Director Ryan Larsen requested direction from Council on how to proceed with redistricting City wards. Mr. Larsen provided the additional information requested by Council at its August 1, 2011 regular meeting including the development potential and recent growth rates in each ward; a pro forma of the consultant, Sammamish Data Systems, Inc. showing they are very experienced in Washington State; and case law ruling that a deviation of 10%from mean district population was acceptable as a"minor deviation." Mr. Larsen said City Council would need to establish a plan (either to redistrict or not to redistrict), to hold at least one additional public hearing regardless of which plan it chose, and then provide the plan to Skagit County by December 8, 2011. Mr. Petrish said he saw no need to redistrict and noted that the smallest ward, Ward 3, has grown fastest recently and has the most potential for further growth. Mr. Johnson agreed that trends show Ward 3 will be growing. Mr. Turner suggested not redistricting because Ward 3 will likely grow. Mr. Johnson moved, seconded by Mr. Geer, not to redistrict City Wards as the City's plan for redistricting. Mrs. Pickett asked why Council is voting before holding a public hearing. Mr. Larsen explained that a duly advertised public hearing has to be held on a proposed plan and that the current vote is only to establish the plan, which is to not redistrict. Councilmembers agreed that trends indicate the ward populations will become more even rather than less in the next decade. Vote: Ayes—Adams, Turner, Geer, Johnson, Petrish and Pickett. Motion carried. Anacortes City Council Minutes September 6, 2011 1 Consent Agenda Mr. Adams asked to remove Items B and E from the Consent Agenda. Mr. Johnson moved, seconded by Mr. Petrish, to move Items B and E off the Consent Agenda for separate consideration and to approve the following Consent Agenda items. Vote: Ayes—Turner, Geer, Johnson, Petrish, Pickett and Adams. 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 18, 2011, August 25, 2011 and September 1, 2011 are approved for payment as of this date September 6, 2011. Claim Checks August 2011: Check Numbers 61534 through 61751 in the total amount of $2,029,603.87 EFT August 2011: EFT Numbers 61531 through 61533 in the total amount of $163.55 Prewritten Checks September 2011: Check Number 61530 in the amount of$1,304.27 Payroll for August 19, 2011 in the total amount of$571,363.38 Check Numbers 36301 through 36347 in the total amount of $37,459.40 Direct Deposit Numbers from 40986 through 41169 in the total amount of$345,752.62 EFT Numbers from 1319 through 1324 in the total amount of$188,151.36 Payroll for September 2, 2011 in the total amount of $826,642.63 Check Numbers 36348 through 36478 in the total amount of $186,680.18 Direct Deposit Numbers from 41170 through 41374 in the total amount of$449,490.15 EFT Numbers from 1325 through 1329 in the total amount of$190,472.30 Cancelled Checks August 2011: Check Number 61389 in the total amount of$200.71 In the same motion Council: Approved a Street Fair Request for the Chamber of Commerce Century Corporation Celebration from 2:00 p.m. to 6:00 p.m. on September 8, 2011; and Approved Resolution 1826 updating petty cash and change funds and amending Resolution No. 1821 dated April 18, 2011. Town Crier Richard Riddell sonorously presented a request for$2,500 of Tourism Promotion Funding to advertise the 2011 North American Town Crier Championship to be held in Anacortes on October 1-2, 2011. Mr. Riddell said he has received $2,500 in matching funds from Tesoro. He provided details about the events for the weekend which are all free and open to the public. Mr. Geer moved, seconded by Mrs. Pickett, to approve Resolution 1827 authorizing execution of a Tourism Promotion Fund contract by and between the City of Anacortes and the Anacortes Sister Cities Association for the 2011 North American Town Crier Championship. Vote: Ayes—Geer, Johnson, Petrish, Pickett, Adams and Turner. Motion carried. Library Director Cynthia Harrison asked Council to approve a resolution authorizing the Anacortes Public Library's migration to Evergreen Free Open Source Software in the fall of 2012 as part of the Skagit libraries consortium using Equinox Software, Inc. for system configuration, installation and data migration. Ms. Harrison recapped her presentation on this subject from the August 22, 2011 study session. Mr. Anacortes City Council Minutes September 6, 2011 2 Turner moved, seconded by Mr. Johnson, to approve Resolution 1828 authorizing the Anacortes Public Library to change its present proprietary software to the Evergreen Open Source Software for a shared Skagit Libraries Integrated Library System. Mr. Geer and Mr. Adams applauded Ms. Harrison for pursuing the significant cost savings. Vote: Ayes—Johnson, Petrish, Pickett, Adams, Turner and Geer. Motion carried. CDBG 2010 Year End Report- CAPER Mr. Larsen provided a brief overview of the City's Community Development Block Grant (CDBG) activities completed in 2010 to meet the objective of providing benefit to low and moderate income individuals. He said for the 2010 program year ending June 30, 2011 the City was awarded $114,895 in CDBG funds. During that year the City awarded $122,661 to the Anacortes Housing Authority for low income housing rehabilitation (including $35,000 from prior year funding), spent $30,000 (from prior year funding) improving sidewalk ADA accessibility, awarded $17,234 to Skagit County Community Action Agency (SCCAA) for the CHORE program to assist elderly disabled individuals to live independently, and spent $10,000 on program administration. He said the full report will be available at the library and City Hall and on the City website. Surplus of Vehicles and Equipment Public Works Director Fred Buckenmeyer presented a list of vehicles and equipment that have been replaced or eliminated from the fleet. He requested that Council declare the items surplus and authorize their sale. Mr. Buckenmeyer said the list includes two vehicles, a 1995 Ford F250 with 130K miles and a 1992 rear load garbage truck with 82K miles, and six other small equipment items. Mr. Buckenmeyer said the items will be auctioned on the governmentsurplus.com website which has been used successfully recently. Mr. Geer moved, seconded by Mr. Johnson, to declare the items surplus and authorize their sale by the most beneficial method. Vote: Ayes— Petrish, Pickett, Adams, Turner, Geer and Johnson. Motion carried. Contract Award: WWTP Stormwater Diversion Project Mr. Buckenmeyer requested permission to award a contract to install a stormwater collection system at the Wastewater Treatment Plant that will collect stormwater runoff from the WWTP site and route it through the plant for treatment. Mr. Buckenmeyer explained that the recent Department of Ecology NPDES permit review recommended this action. He said the City solicited five contractors from the small works roster and two bids were received. The low bid was from Welch Brothers for$42,609.98. He said staff recommended awarding the contract to Welch Brothers. Mr. Geer underscored the very stringent standards DOE uses. Mr. Buckenmeyer added that the Port of Anacortes recently undertook the same sort of stormwater collection revisions for its marine terminal. Mr. Johnson asked if the additional stormwater would push the plant past its capacity. Mr. Buckenmeyer said the small volume and insignificant biological demand won't noticeably affect the plant capacity. Mr. Petrish asked how this differs from other stormwater outflows which aren't treated before release. Mr. Buckenmeyer and Mr. Turner explained that streets and residential and commercial properties aren't governed by an NPDES permit but the WWTP is, hence the plant is held to a different higher standard. Mr. Johnson moved, seconded by Mr. Geer, to award a contract to Welch Brothers in the amount of$42,609.98 to install a storm sewer system to divert the stormwater at the WWTP into the plant for treatment. Vote: Ayes— Pickett, Adams, Turner, Geer, Johnson and Petrish. Motion carried. Ordinance: Gross Misdemeanor Penalty Police Chief Bonnie Bowers presented an ordinance modifying AMC Section 1.24.010 to change the maximum sentence for misdemeanors and gross misdemeanors from 365 days to 364 days of incarceration to conform to recent changes in state law. In response to councilmember questions, City Attorney Brad Furlong explained that the change was driven by federal immigration law to ensure that a misdemeanor sentence does not automatically result in deportation of someone who is in jail for a full year. Mr. Geer moved, seconded by Mr. Johnson, to approve Ordinance 2859 updating State guidelines and misdemeanor penalties, repealing Ordinance No. 1985 passed and approved in 1985 and No. 2151 passed and approved in 1990 and amending that certain section (10a) of Ordinance No. 1855 passed and approved in 1981; Title 1 General Penalty Chapter 1.24 of the Anacortes Municipal Code. Vote: Ayes —Adams, Turner, Geer, Johnson, Petrish and Pickett. Motion carried. Anacortes City Council Minutes September 6, 2011 3 Ordinance: Taxis and Non-Motorized Vehicles for Hire Chief Bowers presented an ordinance specifying requirements for licensing taxis and non-motorized vehicles for hire. Chief Bowers explained that the changes bring the City code into conformance with current state law, identify responsibility for background checks which are now performed by the Washington State Patrol, and address non-motorized vehicles such as pedal cabs and horse drawn vehicles which were not previously addressed in the code. The Chief added that fingerprinting and background checks are performed at the applicant's expense. Mrs. Pickett asked if horse-drawn vehicles that operate only during the holidays will need a business license. Chief Bowers referred the question to City Clerk Steve Hoglund. Mr. Geer asked if taxi owners and operators who currently have business licenses are grandfathered in. Mr. Furlong said those businesses will come under the new code when they renew their business licenses which is required annually. Mr. Adams asked if both owners and drivers require background checks. Chief Bowers said yes. Several councilmembers asked what documentation should to be displayed in the vehicle. Chief Bowers said legally licensed operators should have a permit from the state and an Anacortes Business License displayed. Mr. Johnson moved, seconded by Mrs. Pickett, to approve Ordinance 2860 licensing for-hire vehicles including taxis in the City of Anacortes and repealing Ordinance No. 988, Ordinance No. 1070 and Ordinance No. 1709. Vote: Ayes—Turner, Geer, Johnson, Petrish, Pickett and Adams. Motion carried. Ordinance: Temporary Moratorium on E2SSB 5073 Chief Bowers presented an ordinance to adopt a six-month moratorium on the establishment of medical marijuana dispensaries in the City. She explained that in 2011 E2SSB 5073 established a regulatory system for the licensing of producers, processors and dispensers of cannabis products for medical use and preserved the ability of local governments to adopt zoning controls and other regulations to address local concerns. She said staff recommends a 6-month moratorium to allow for public comment, for planning and zoning considerations, and for development of appropriate regulatory measures. She clarified that the state legislation does not allow cities to ban collective gardens outright and that is not the intent of the temporary moratorium. In response to a question from Mr. Adams the Chief said existing state law allows patients with a valid prescription to grow a certain number of plants in their home or designate someone to do that for them. The subject bill allows up to ten patients with valid prescriptions to grow their medical marijuana in one spot together. It also allows cities to zone where this can happen. Mr. Geer encouraged public input at the hearings when they are scheduled. Mr. Geer moved, seconded by Mr. Johnson, to approve Ordinance 2861, an interim ordinance relating to land use, adopting a moratorium on the establishment of medical marijuana dispensaries in any location in the City of Anacortes, providing for a public hearing, referring the matter to the Planning Commission, and providing that the moratorium, unless extended, shall sunset within six months of the effective date of adoption. Vote: Ayes—Geer, Johnson, Petrish, Pickett, Adams and Turner. Motion carried. There being no further business, at approximately 8:00 p.m. the regular Anacortes City Council meeting of September 6, 2011 adjourned. Anacortes City Council Minutes September 6, 2011 4