HomeMy WebLinkAbout2010-12-06 City Council Minutes Approved GSSY Off'.
City Council Minutes— December 6, 2010
At 7:30 p.m. Mayor Maxwell called the regularly scheduled Anacortes City Council meeting of December
6, 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.
Minutes of Previous Meeting
Mr. Geer moved, seconded by Mr. McKeown, that the minutes of November 15, 2010 be approved as if
read. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer and McKeown. Abstain— Petrish. Motion
carried.
Citizen Hearings
No one present wished to speak on any item not already on the agenda.
Mayor/Council Communication
Mayor Maxwell reminded the audience that the Port-City Liaison meeting would take place at 8:30 a.m.
on Tuesday, December 7 in the mayor's office. The mayor also announced that the ribbon cutting for the
6th Street project would take place at the new Guemes Island ferry terminal at 2:00 p.m. the same day.
Mr. Petrish acknowledged his absence over the past several months and advised that in August he was
diagnosed with multiple myeloma. Mr. Perish said that he is expecting a new set of test results at end of
the year. Noting that his council term is up December 31, 2011, he said he will determine by next March if
he can continue to serve his Ward 1 constituents and the City as a councilmember.
Swearing In of Police Officer Russell Chris Whitmore
Police Chief Bonnie Bowers introduced new police officer Russell Chris Whitmore who joins the City from
the Burlington and Port Angeles police departments and is a veteran of the United States Air Force.
Mayor Maxwell administered the oath of office to Officer Whitmore who was duly sworn in.
Pride in Service Awards: Councilmembers Erica Pickett and Bill Turner
Mayor Maxwell presented Pride in Service awards to Mrs. Pickett and Mr. Turner who have each served
the City for five years in their role as councilmembers.
Appointment to Board of Adjustment: Curt Oppel
Mayor Maxwell asked Council to confirm the appointment of Curt Oppel as an alternate to the Board of
Adjustment. Mrs. Richardson moved, seconded by Mr. Turner, to approve the appointment of Mr. Oppel
to the Board of Adjustment. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, McKeown and
Petrish. Motion carried.
Reappointment to Parks and Recreation Board: Phil Burton
Mayor Maxwell asked Council to confirm the reappointment of Phil Burton to the Parks and Recreation
Board. Mr. McKeown moved, seconded by Mr. Adams, to reappoint Mr. Burton to the Parks and
Recreation Board. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown, Petrish and Pickett.
Motion carried.
Reappointments to Forest Advisory Board: Brian Wetcher and Ric Boge
Mayor Maxwell asked Council to confirm the reappointment of Brian Wetcher and Ric Boge to the Forest
Advisory Board. Mr. Turner moved, seconded by Mrs. Pickett, to reappoint Mr. Wetcher and Mr. Boge to
the Forest Advisory Board. Vote: Ayes—Turner, Richardson, Geer, McKeown, Petrish, Pickett and
Adams. Motion carried.
Appointments to Library Board of Trustees: David Duck and Carolyn Leaver
Mayor Maxwell asked Council to confirm the appointment of David Duck and Carolyn Leaver to the
Library Board of Trustees. Mr. Geer moved, seconded by Mr. McKeown, to appoint Mr. Duck and Ms.
Anacortes City Council Minutes December 6, 2010 1
Leaver to the Library Board of Trustees. Vote: Ayes— Richardson, Geer, McKeown, Petrish, Pickett,
Adams and Turner. Motion carried. Library Director Cynthia Harrison introduced the members of the
Library Board, all of whom were present, and expressed enthusiasm about working with the group.
Consent Agenda
Mr. McKeown moved, seconded by Mr. Geer, to approve the following Consent Agenda items. Vote: Ayes
—Geer, McKeown, Petrish, Pickett, Adams, Turner and Richardson. 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 November 24, 2010 and December 2, 2010 are approved for payment as of this date
December 6, 2010.
Claims Warrants
November 2010: Warrant Numbers 58183 through 58384 in the total amount of$485,816.32
EFT
November 2010: Warrant Numbers 58178 through 58182 in the total amount of$623.00
Payroll for December 3, 2010 in the total amount of$782,054.02
Warrant Numbers 35437 through 35477 in the total amount of$44,543.66
Direct Deposit Numbers from 37727 through 37921 in the total amount of$549,174.38
EFT Numbers from 1211 through 1216 in the total amount of$188,335.98
In the same motion Council authorized the mayor to enter into Interlocal Service Agreements for
Reciprocal Library Borrowing with Burlington Public Library, Mount Vernon City Library and La Conner
Library District.
Contract Award: City Prosecutor 2011 (Craig Cammock)
Human Resources Director Emily Schuh said that in 2010 the City contracted with Craig Cammock for
prosecutor services and that staff recommended renewing the contract for 2011. She clarified that the
contract would be re-opened if an additional docket is added. She also noted that the proposed 2011
contract authorizes Mount Vernon Prosecutor Pat Easton to cover some of the dockets as needed. Craig
Cammock introduced himself to Council and thanked them for the opportunity to work with Anacortes. Mr.
Cammock complimented Chief Bowers on a first rate police department and thanked Court Administrator
Donna Ferrario and Legal Assistant Carol Yates for their outstanding service. Mrs. Richardson moved,
seconded by Mr. Geer, to approve renewal of the contract with Craig Cammock. Vote: Ayes— McKeown,
Petrish, Pickett, Adams, Turner, Richardson and Geer. Motion carried.
Contract Award: Public Defender 2011 (Glen Hoff)
Ms. Schuh said that in 2010 the City contracted with Glen Hoff for public defender services and that staff
recommended renewing the contract for 2011. Mr. Turner moved, seconded by Mr. Adams, to renew the
contract with Glen Hoff. Vote: Ayes— Petrish, Pickett, Adams, Turner, Richardson, Geer and McKeown.
Motion carried.
Contract Modification: Engineering Consultant for Flounder Bay Dredging
Assistant City Engineer Eric Shjarback summarized that this public-private partnership between the City
and slip owners in Flounder Bay Marina was designed to dredge the marina while distributing the costs
fairly. Mr. Shjarback said that the City's dredging engineer, Dalton, Olmstead and Fuglevand, did a
fantastic job designing and managing the project. He said that once the extent of the work was known
DOF requested an additive contract modification of up to$92,650 for oversight of additional water quality
monitoring, ongoing permitting interactions, differing site conditions and schedule modifications. Mr.
Shjarback said staff recommended approving the modification and the Dredging Advisory Committee,
which represents the slip owners, concurred. Mr. Shjarback said the modification would be paid for by the
private entities and also using the City's billing mechanism for the public waterway work. Mr. Geer asked
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if this modification was expected. Mr. Shjarback said no but that the DAC was aware and supported the
request. He noted that the overall project cost had not changed. Mayor Maxwell said a 10%contingency
is normal for construction projects and that this modification was well within that. Mr. Shjarback said the
project was still within the Engineer's Estimate. Mr. Turner said he attended DAC and contractor
meetings, that the hard bottom caused cost increases, that they are legitimate, that the costs were
negotiated down, and that the DAC communicates with the rest of the slip owners. Mrs. Richardson
explained why the changes had to be made on the fly without Council approval for each change. Mrs.
Richardson moved, seconded by Mr. McKeown, to approve the requested modification. The mayor
observed that this project went extremely well with no disputes and no major changed conditions. Vote:
Ayes— Pickett, Adams, Turner, Richardson, Geer, McKeown and Petrish. Motion carried.
Noise Variance Request: Wyman Marina Boat Ramp
Planning Director Ryan Larsen presented a request from Schwetz Construction for a noise variance for its
work for the Port of Anacortes at the Wyman Marina boat ramp. The request is to perform construction
activities between 10 pm and 7 am when necessary to coincide with low tides on 19 individual nights
between December 7, 2010 and January 21, 2011. Mr. Larsen reviewed the tide table information
included in the Council packet identifying the appropriate low tides and noted the first requested night was
December 7. He explained that the work involves installation of a new concrete boat ramp. The work will
take place in a Commercial Marine 1 zone but is surrounded by residential areas. Mr. Larsen said that
because fewer than 30 days of variance were requested no public notice was required and concluded
that staff recommended approval. Mr. Petrish asked how the ramp would be used. Port of Anacortes
Project Manager Brady Rowe responded that the ramp is used on a Commercial basis by a drop-frame
barge fleet that supplies petroleum products and construction materials to the islands. Mr. Geer asked if
all requested low tide dates would be used. Mr. Rowe said the contractor would use as many of those
dates as needed and that the pile driving had already been completed so the project would only involve
excavators and concrete work. Mrs. Richardson asked that the Port send written notice to all residents
within two blocks in all directions of the project because the variance didn't require public notice and to
minimize the number of complaints. Mrs. Pickett questioned whether that was necessary. Mr. Petrish
agreed with Mrs. Richardson. The mayor agreed that the project should recognize there are neighbors
next door. Mr. McKeown moved, seconded by Mr. Geer, to approve the requested noise variance with the
addition of Mrs. Richardson's proposed condition. Vote: Ayes—Adams, Turner, Richardson, Geer,
McKeown, Petrish and Pickett. Motion carried.
Requesting Approval of Roundabout Sculpture
Parks and Recreation Director Gary Robinson reviewed the process the community used to select the
proposed sculpture for the Commercial Avenue/SR20 roundabout. The Arts Commission determined it
would be desirable to have artwork in the roundabout, developed criteria for selecting the art, held a study
session with City Council about the process, advertised widely throughout the region for proposals, and
selected a jury of artists and community members. The jury reviewed over 30 proposals and selected
three artists to further develop their proposals: Merrilee Moore, Leo Osborne and Peregrine O'Gormley.
The jury then met with those three artists and unanimously selected the proposal from Merrilee Moore as
the best choice for the roundabout location. The Arts Commission reviewed that recommendation and
concurred. Mr. Robinson asked City Council's approval of the selection. He then introduced Rita James
and Kathy Clarke from the Arts Commission. Ms. Clarke provided some biographical background and an
enthusiastic endorsement of Merrilee Moore, describing her as a Northwest burgeoning artist. Ms. James
said that the Arts Commission was excited to give this artist an opportunity to install her first major piece
of public art. She noted that at$30,000 Ms. Moore's sculpture was substantially less expensive than the
other two finalists and remarkably priced for a piece of this size. She said the sculpture would be made of
fabricated stainless steel that would retain its shiny finish over time and would be very durable. She
stressed that it would be beautiful from every angle which is appropriate for the roundabout. Ms. James
said the piece is titled Aerie and agreed with the artist that the nest was a fitting symbol for Anacortes with
its extensive forestlands and bird life. Mayor Maxwell asked Mr. Robinson to contact Frontier prior to
installation about the fiber optic line located in the roundabout. Mr. Geer asked for an installation timeline.
Ms. James said the artist estimated 3-4 months to fabricate the piece once a contract was signed and
that the Commission hoped to have it installed by summer. Mr. Geer asked if a crane would be needed
and if a foundation would be poured. Mr. Robinson said the installation details were still being worked out
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and that there were several options but no extensive traffic impacts were envisioned. Mr. Turner called it
an exciting piece that would be great for the location, reminiscent of an osprey nest. Mr. McKeown noted
that he was a member of the jury and thanked Ms. James, Ms. Clarke and Mr. Robinson for conducting
such a positive selection process. He reported that all the proposals were extensively reviewed and
suggested installation options that would facilitate landscaping. Mrs. Richardson tried to convey a sense
of the scale of the piece: the sculpture would be 17 to 18 feet tall and the primary upright members would
be six inches square resulting in a massive, strong, symbolic appearance. Mr. Petrish said it reminded
him of the eagle nest that has long been located between Fidalgo Bay Road and SR20 and said the piece
really fits the town. City Attorney Brad Furlong called the sculpture lovely and asked if the artist's bid
includes engineering and installation costs. Mr. Robinson said he would address that in the contract. Mr.
McKeown moved, seconded by Mr. Turner, to approve the Arts Commission's recommendation to
procure and install the Aerie sculpture by Merrilee Moore. Vote: Ayes—Turner, Richardson, Geer,
McKeown, Petrish, Pickett and Adams. Motion carried. Mayor Maxwell thanked the Arts Commission for
its work and the immense value it has added to the community.
Resolution: Declaration of Emergency for Repair of 36" Waterline
Assistant City Engineer Matt Reynolds asked Council to declare an emergency to contract to repair a leak
in the 36-inch water transmission line behind the Farmhouse Inn at SR20 and La Conner-Whitney Road
and a leak in the 24-inch water main crossing the Swinomish Channel at the Casino. He said a significant
leak in the 36-inch line was discovered on November 19 and that the depth of the excavation required to
repair the leak was beyond the capability of the City's equipment. He added that the City shut down one
of the lines from the WTP because of the leak but was now vulnerable because it had only one line in
operation so the leaks needed to be repaired as soon as possible to maintain redundancy in the
transmission system. He said that last week a contractor started dewatering and just today excavated to
expose the larger of the two leaks. Mr. Reynolds provided councilmembers with photos from the
excavation showing a 2-inch hole in the pipe and valve damage caused by the leak. He said a welder was
lined up to make the repair the following day if Council declared an emergency at this meeting. Mayor
Maxwell noted that the excavation was 18 feet deep which was extremely difficult to work on. Mr.
McKeown asked how a leak that deep was discovered. Mr. Reynolds said a farmer called and said a lake
was forming in the field. Mr. Turner said it was vital to fix the leaks as soon as possible and moved,
seconded by Mr. McKeown, to adopt Resolution 1815 declaring an emergency to purchase contractor
services for repair of water transmission pipelines. Mr. McKeown asked how long the pipe had been
leaking. Mr. Reynolds said it was installed in 2005. Mr. Adams asked if the emergency contractors were
pulled off an approved roster. Mr. Reynolds said that wasn't required but in this case that was what
happened. Mr. Adams asked if the costs would be presented to Council later. The mayor said the
preliminary estimates were in the packet. Mr. Turner asked for an estimate of the additional costs. Gordon
Bruchner advised from the audience that the welding could probably be done in a day for a few thousand
dollars. Mr. Reynolds said the primary expense was the excavation and shoring. Mr. Reynolds and the
mayor concluded that there was really no way to tell when the leak started. Vote: Ayes— Richardson,
Geer, McKeown, Petrish, Pickett, Adams and Turner. Motion carried.
There being no further business, at approximately 8:30 p.m. Mayor Maxwell continued the regularly
scheduled Anacortes City Council meeting of December 6, 2010, to December 13, 2010 at 7:30 p.m. for
the purpose of considering:
a. Contract Award: Construction Management Services for Water Treatment Plant Improvements
(MWH Americas)
b. Contract Award: Construction of Water Treatment Plant Improvements
c. Contract Award: Engineering Consultant Support for Water Treatment Plant Improvements
(HDR)
Anacortes City Council Minutes December 6, 2010 4