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HomeMy WebLinkAbout2010-08-02 City Council Minutes Approved GSSY Off'. City Council Minutes—August 2, 2010 At 7:30 p.m. Mayor Maxwell called the regularly scheduled Anacortes City Council meeting of August 2, 2010 to order. Roll call found present: Kevin McKeown, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and Brian Geer. Roll call was followed by the Pledge of Allegiance. The Mayor announced that the meeting would be continued to August 9, 2010 for the possible award of a contract for Pump Station 13. The Mayor also added agenda Item (f) to New Business: Non Commissioned Police Guild Collective Bargaining Agreement. Minutes of Previous Meeting Mrs. Richardson moved, seconded by Mr. Adams, that the minutes of July 19, 2010 be approved as if read. Vote: Ayes— Petrish, Pickett, Adams, Turner, Richardson and McKeown. Mr. Geer abstained because he was not present on July 19. Motion carried. Citizen Hearings Boshie Morris, 1618 7th Street, asked the date of the next Traffic Safety Committee meeting and asked that the Council representatives to that committee be present because the 6th Street neighborhood has an ongoing ferry parking problem they would like to discuss. From the audience, Assistant City Engineer Eric Shjarback announced the meeting will be the second Wednesday of August at 9:00 a.m. Ms. Morris asked that the committee clarify which ordinances are needed for ticketing parking violations. Mayor/Council Communication The Mayor praised the opening of the Wawona exhibit at the W.T. Preston Interpretive Center over the weekend and also commented that the Art Dash went well on Saturday. Mr. Petrish asked if the Public Works Committee would be meeting on Friday, August 6, the first day of the Anacortes Arts Festival. Mr. Buckenmeyer said he would poll committee members via email to determine who would be available. Mr. Adams reported that the American Legion AA state baseball tournament over the weekend brought teams from all over the state to Anacortes. He complimented the facilities at Volunteer Park. Consent Agenda Mr. Geer moved, seconded by Mrs. Pickett, to approve the following Consent Agenda items. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, McKeown and Petrish. 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 July 22, 2010 and July 29, 2010 are approved for payment as of this date August 2, 2010. Claims Warrants July 2010: Warrant Numbers 56628 through 56796 in the total amount of$494,552.46 EFT July 2010: Warrant Number 56766 in the total amount of$20.0 Pre-Written Claims July 2010: Warrant Numbers 56618-56621 replaced by 56622-56625 and July 2010: Warrant Number 56483 replaced by 56626 in the total amount of $8,423.85 Anacortes City Council Minutes August 2, 2010 1 Cancellation of Warrants July 2010: Warrant 56499 in the amount of$1,355.97 July 2010: Warrant 56568 in the amount of$6,113.56 In the same motion Council: Approved the Street Fair Application for the Eagles Annual Salmon Barbecue from 7 a.m. to 8 p.m. on Friday, August 20, 2010 through Sunday, August 22, 2010; and Approved the Findings of Fact, Conclusions of Law and Decision for CUP#02-001 (Anacortes Gateway Marina). Ordinance: Authorizing Once a Month Utility Billing Finance Director Steve Hoglund reported that currently the City reads water meters and issues bills for utilities in two sets, half each time. He explained that since switching to the automated meter reading system, reads can now be completed in a timely enough fashion to allow the entire billing process to happen in one pass on a monthly basis. He said that this will achieve staff efficiencies. Mr. Hoglund asked Council to approve Ordinance 2831 amending Ordinance 1374 (Section 24 and Section 31) and Ordinance 1090 (Section 24 (6-1.24) and Section 31 (6-1.31)) and repealing Anacortes Municipal Code Sections 13.20.300 and 13.20.310 to allow once a month billing. Mr. Turner moved to adopt the ordinance, seconded by Mr. Adams. Mr. Petrish asked how long meter reading takes. Mr. Hoglund said a few days. Mrs. Richardson asked when bills will be mailed under the new schedule. Mr. Hoglund said utility bills will be mailed mid-month and will be due at the end of each month. Mr. Adams praised the Auto-Pay option and asked if more customers are taking advantage of it. Mr. Hoglund said yes, it is increasingly popular as it saves customers postage costs and simplifies their bookkeeping and also saves the City the cost of return envelopes. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown, Petrish and Pickett. Motion carried. Ordinance: Update AMC 3.88.010—Check Handling Charge Mr. Hoglund said the Anacortes Municipal Code has since 2000 specified a$20 fee for returned checks. A survey of other municipalities showed that this fee is below the norm. Mr. Hoglund explained that the City has a legal obligation to maintain a market rate;too low a rate could be seen as a gifting of public funds. Mr. Hoglund asked Council to approve Ordinance 2832 to repeal Ordinance 2532 dated April 17, 2000 and update AMC Section 3.88.010 to raise the returned check fee to $25 which is in keeping with other cities. Mr. McKeown asked what was the range of fees shown in the survey. Mr. Hoglund said between $25 and $40. Mr. McKeown asked if$25 is sufficient to cover the City's cost of handling returned checks. Mr. Hoglund said $25 would be the minimum to cover costs and noted that at least three staff members are involved in processing each NSF event. Mrs. Richardson moved to approve the ordinance, seconded by Mr. McKeown. Vote: Ayes—Turner, Richardson, Geer, McKeown, Petrish, Pickett and Adams. Motion carried. Informational Update on Utility Tax Exemptions Mr. Hoglund reported that the ongoing audit with the Washington State Department of Revenue has pointed out that the City has been exempting governmental entities from paying utility tax on utility bills which is counter to RCW 82.16. The City's legal counsel reviewed that finding and confirmed DOR's opinion. Mr. Hoglund said the exemptions are currently written into City code so he would like to bring back to Council an ordinance repealing that part of the code. He added that the utility tax is 7% of the gross bill on water, sewer and storm drain services and affects four City customers: ASD 103, Port of Anacortes, Fidalgo Pool and Island Hospital. Staff has begun studying the impacts to those four customers, has contacted each of them and will be working out the details. Mr. Turner said the Finance Committee was chagrined to learn the City would have to charge public entities more tax but noted for example the bill to Island Hospital will only increase about$300-400 per month. Mr. Hoglund confirmed that the impact will be hundreds of dollars monthly, not thousands. Mr. McKeown asked if the City is liable for the back taxes. Mr. Hoglund replied that DOR and legal counsel concur that the City is responsible for four years of retroactive payments but he noted the audit has also discovered some credits the City is Anacortes City Council Minutes August 2, 2010 2 owed which will help offset any liabilities; the net balance remains to be determined. Mr. McKeown asked if the City can collect the back taxes from the customers. Mr. Hoglund said case law supports retroactive collection. Mayor Maxwell pointed out that the last DOR audit was 19 years ago and the RCW may have changed since then. Mr. Hoglund said he reviewed the City code updates back to 1981 and concluded the exemption was put into place before then; it was not raised as an issue during the last DOR audit. Mr. Adams asked if other communities charge this utility tax. Mayor Maxwell explained that most cities aren't water utilities. Mr. Hoglund advised he will bring an ordinance back to Council at a future meeting. Amendment to Solid Waste Interlocal Agreement Public Works Director Fred Buckenmeyer reported that the current Interlocal Cooperative Agreement between Skagit County and Cities and Towns in Skagit County for Solid Waste Management dated April, 2008 will expire in 2013. He said the parties will be incurring debt for the new transfer station that will extend beyond 2013. The proposed amendment would extend the interlocal agreement through 2030 or through the expiration of the bonds, whichever comes first. Mr. Buckenmeyer explained that the amendment also commits the County to consider mandatory curbside waste collection county-wide, states that the Solid Waste System Governance Board has to approve all further debt, and sets terms for members that decide to withdraw from the agreement (prepayment of debt, etc.). Staff recommended approval. Mr. Turner asked if the County has to study mandatory curbside collection of recycling as well as trash. Mr. Buckenmeyer said he would forward that suggestion. Mayor Maxwell said the wording could encompass both. Mr. Adams asked if Burlington was satisfied with the amendment as drafted. Mr. Buckenmeyer said yes. Mr. Petrish asked what Anacortes's cost share would be for the new transfer station. The Mayor said it will be a$7M facility with no increase in rates because it will be funded through ARRA bonds that will start about the time the current bond expires. The Mayor added that Skagit still has low sanitation rates compared to neighboring counties. Mr. Turner asked if the County Solid Waste Division is in good shape given the financial climate. Mayor Maxwell said yes, it has a substantial reserve fund. Mr. Turner moved to approve the amendment to the Interlocal Cooperative Agreement between Cities and Towns in Skagit County for Solid Waste Management, seconded by Mr. Adams. Vote: Ayes— Richardson, Geer, McKeown, Petrish, Pickett, Adams and Turner. Motion carried. Ordinance: 6th Street Parking Restriction Mr. Buckenmeyer presented an ordinance to amend City code to place a residential parking restriction on four spots on the north side of 6th Street just east of I Avenue. He explained that two homes in that block have no off street parking and the on street parking is often taken by ferry riders. Mr. Buckenmeyer said this would be similar to the residential permit parking currently in place near Anacortes High School except on 6th Street the restriction would be in force 24/7. He said if Council approves the ordinance, signs will be posted on that block and the residents of those two homes will be given parking placards. Mr. McKeown asked what the signs will say. Mayor Maxwell replied, "Residential parking only by permit." Mr. McKeown asked if the existing ferry parking lot is insufficient for ferry users and noted neighbors have said the parking lot is not full. Mr. Buckenmeyer said the parking lot is underutilized and that once the new ferry terminal is completed staff will work with the County to improve signage to direct ferry users to the lot. Mr. McKeown suggested the entire street be signed that way. Mrs. Pickett asked to alter the ordinance to remove the phrase "in excess of one hour"since the restriction will be in place 24/7. Mr. Buckenmeyer clarified that the one hour restriction does not apply to Area B (6th Street). Mrs. Pickett asked to have the language made more clear. Mrs. Richardson agreed. Mr. Buckenmeyer said he would do so. Mr. Geer asked how violators will be prosecuted. Chief Bowers said cars will be ticketed and may be towed. Mr. Geer said ticketing a car that is improperly parked over the weekend is pointless since residents will be unable to park in front of their homes the whole time. Mr. Buckenmeyer said his staff and the police department will work out the enforcement. Mr. McKeown said he agreed with Mr. Geer and said the signs should say violators are subject to immediate towing. Mayor Maxwell suggested easing into the enforcement of this change to past practice. Mr. Turner asked if the two homes in question have any other parking. Mr. Buckenmeyer said one has a very steep driveway to the side that could be used in an emergency. Mrs. Richardson noted that the traffic enforcement officer doesn't work nights and weekends and asked who will enforce the restrictions then. Chief Bowers said another patrol officer can and will Anacortes City Council Minutes August 2, 2010 3 respond if a complaint is received at 911. Mr. Petrish clarified with Mr. Buckenmeyer that there is no alley behind these two houses so the only really usable parking is on the street. Mrs. Pickett said these grandfathered homes need access on 6th Street, that a 72-hour wait is excessive for them to have a violator towed, and that she would vote against the ordinance for that reason. Mayor Maxwell pointed out that the homes had no guaranteed parking before this ordinance so they will be better off with it than they were before. Mr. McKeown echoed Mrs. Pickett's concern but agreed with the Mayor that the proposed ordinance was better than nothing. He asked staff to improve the situation for residents. Mr. McKeown asked what a traffic citation there would cost. Chief Bowers said she would find out. Mr. Turner pointed out the existing ferry traffic pattern is 80 years old so immediate towing might be a drastic step and suggested retraining ferry users to see if that works without towing. Mrs. Richardson asked if the City really has to wait 72 hours before towing. Chief Bowers said in most of the City cars have to be left on street for three days before they can be towed. Mrs. Richardson asked if the legal length of time for a non-resident to park in the zone is 0 hours, why can't violators be towed right away? Chief Bowers said the Traffic Safety Committee should address that. Mrs. Richardson said waiting 72 hours to tow doesn't meet the intent of ordinance. Chief Bowers said the enforcement in the high school residential zone works pretty well and suggested towing might not be necessary at all. Mayor Maxwell said the City always prefers to encourage voluntary compliance but has the authority to tow if necessary. Mr. McKeown reiterated that the residents need to be protected. Mr. Adams said the Public Works Department will mark the restricted parking spots to make the law clear, said he supports the ordinance, and moved, seconded by Mrs. Richardson, to approve Ordinance 2833 amending Ordinance 2486 regarding establishing residential parking zones within the City. Mr. Geer asked that the Traffic Safety Committee address enforcement after the ordinance is in place. Mrs. Pickett said there was no need for Council to adopt the ordinance before the Committee addresses enforcement provisions and moved to table the motion, seconded by Mr. Petrish. Vote: Ayes— Petrish and Pickett. Nays—Geer, McKeown, Adams, Turner and Richardson. Motion to table failed. Mr. McKeown proposed a friendly amendment to ask the Traffic Safety Committee to look at the enforcement issues. Mrs. Richardson observed that the enforcement provisions are not specified in the ordinance so it can be passed without further input from the Traffic Safety Committee. Mr. Adams and Mrs. Richardson accepted Mr. McKeown's friendly amendment. Vote: Ayes— McKeown, Adams, Turner, Richardson and Geer. Nays— Petrish and Pickett. Motion carried. Non Commissioned Police Guild Collective Bargaining Agreement Human Resources Director Emily Schuh reported that the City had been negotiating with the Non Commissioned Police Guild since the summer of 2009 and with the assistance of a mediator reached a tentative agreement on April 21, 2010. She said that agreement was just ratified by non commissioned staff on the afternoon of August 2, 2010 and asked Council to confirm the three-year contract which will be retroactive to April 21, 2010 with insurance provisions to go into affect August 1, 2010. Ms. Schuh noted that contract copies were provided to Council before the meeting. She corrected the effective date as printed on those documents from 2012 to 2010. Ms. Schuh said she was pleased the City was in a position to offer a wage increase to staff during these difficult economic times, noting most municipalities are not able to do that. Mayor Maxwell reminded public sector unions that these are difficult times. Mrs. Richardson thanked Ms. Schuh for her ongoing efforts on this matter and moved to approve Resolution 1806 authorizing the contract, seconded by Mr. McKeown. Vote: Ayes— Petrish, Pickett, Adams, Turner, Richardson, Geer and McKeown. Motion carried. There being no further business, at approximately 8:25 p.m. Mayor Maxwell continued the regularly scheduled Anacortes City Council meeting of August 2, 2010 to August 9, 2010 for possible award of a Pump Station 13 contract. Anacortes City Council Minutes August 2, 2010 4