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HomeMy WebLinkAbout2010-09-07 City Council Minutes Approved GSSY Off'. City Council Minutes—September 7, 2010 At 7:30 p.m. City Councilmember Cynthia Richardson called the regularly scheduled Anacortes City Council meeting of September 7, 2010 to order. Roll call found present: Kevin McKeown, Nick Petrish, Erica Pickett, Cynthia Richardson, Bill Turner and Brian Geer. Brad Adams and Mayor Dean Maxwell were excused. City Attorney Brad Furlong observed that in the absence of Mayor Maxwell and Mayor Pro Tempore Brad Adams, the agenda should be amended to first appoint a mayor pro tempore. Mr. Petrish so moved, seconded by Mr. Geer. Vote: Ayes— Petrish, Pickett, Richardson, Turner, Geer and McKeown. Motion carried. Mr. Geer moved, seconded by Mr. Turner, to appoint City Councilmember Cynthia Richardson as Mayor Pro Tempore for this meeting and any continuation thereof, said appointment to expire automatically upon the return of Mayor Maxwell or Councilmember Adams. Vote: Ayes— Pickett, Richardson, Turner, Geer, McKeown and Petrish. Motion carried. Mrs. Richardson lead the assembly in the Pledge of Allegiance. Minutes of Previous Meeting Mrs. Pickett moved, seconded by Mr. McKeown, that the minutes of August 16, 2010 be approved as if read. Vote: Ayes— Richardson, Turner, Geer, McKeown, Petrish and Pickett. Motion carried. Citizen Hearings No one present wished to speak on any items not on the regular agenda. Mayor/Council Communication Mrs. Richardson read a proclamation declaring September 2010 as Homeless Connect Month. The proclamation called on all citizens to work in partnership across government, business, non-profit and faith-based sectors of the community to help bring an end to the homelessness of the most vulnerable and disabled members of the community. Mr. Petrish observed the Council of Churches is normally very active in this movement. Mrs. Richardson confirmed that many area churches are involved. Consent Agenda Mrs. Richardson asked to move Item (b), an ordinance updating AMC 2.22.040, off the Consent Agenda. Mr. McKeown moved, seconded by Mr. Geer, to move Item (b) from the Consent agenda to later in the agenda and to approve the following Consent Agenda items. Vote: Ayes—Turner, Geer, McKeown, Petrish, Pickett 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 August 19, 2010, August 26, 2010 and September 2, 2010 are approved for payment as of this date September 7, 2010. Claims Warrants August 2010: Warrant Numbers 57010 through 57265 in the total amount of$1,163,696.34 EFT August 2010: Warrant Numbers 57006 through 57009 in the total amount of$627.00 Payroll for August 20, 2010 in the total amount of$542,162.59 Warrant Numbers 35114 through 35165 in the total amount of$43,428.78 Direct Deposit Numbers from 36418 through 36596 in the total amount of$322,068.90 EFT Numbers from 1167 through 1172 in the total amount of$176,664.91 Payroll for September 3, 2010 in the total amount of $773,785.30 Warrant Numbers 35166 through 35222 in the total amount of$55,741.95 Direct Deposit Numbers from 36597 through 36797 in the total amount of$538,806.14 EFT Numbers from 1173 through 1178 in the total amount of$179,237.21 Anacortes City Council Minutes September 7, 2010 1 Cancellation of Warrants August 2010: Warrant 55191 in the amount of $129.52 August 2010: Warrant 56483 in the amount of $100.00 August 2010: Warrant 56528 in the amount of$299.20 August 2010: Warrant 56249 in the amount of$48.10 In the same motion Council approved the Street Fair Application for the Sunset Cover Homeowners Association Annual Picnic on September 12, 2010. Ordinance: Update AMC 2.22 Finance Director Steve Hoglund introduced an ordinance to update the Anacortes Municipal Code section that authorizes the City Clerk-Treasurer to appoint a Deputy Clerk-Treasurer, explaining that the code currently references an outdated statute. Mr. Hoglund added that once the ordinance is approved he will appoint Senior Accountant Tori Wyman as Deputy Clerk-Treasurer. Mr. McKeown moved, seconded by Mr. Turner, to approve Ordinance 2835 amending Anacortes Municipal Code sections concerning the Deputy Clerk-Treasurer (Chapter 2.22 AMC). Vote: Ayes—Geer, McKeown, Petrish, Pickett, Richardson and Turner. Motion carried. Noise Variance—MJB Properties Assistant Planning Director Don Measamer reported that MBJ Properties is requesting a noise variance to perform construction work between 10:00 p.m. and 7:00 a.m. on their property in the Commercial Marine 2 use zone which is east of a residential zone across R Avenue approximately 1000 feet away. The work would take place for up to 29 specific dates listed in the request to make use of low tides for in water and shoreline work. Mr. Measamer advised that public notice is not required for the variance request because it is for fewer than 30 days. Mr. Geer asked for more detail on the type of construction activity. Mr. Measamer explained the work will involve excavators, pile work and dredging. Mr. Turner asked if it will include pile driving. Mr. Jimmy Blais of MJB Properties replied from the audience that there will be no pile driving. Mrs. Pickett confirmed there will be no pile driving at night, only excavation and dredging, and asked if equipment backup alarms can be silenced at night. Mr. Measamer said staff will work with the contractor to determine if any of the operations will allow that within the safety regulations. Mr. McKeown asked Mr. Blais if the contractor will need all 29 days requested. Mr. Blais replied that they do not intend to use all the days but have requested 29 days in September and October to allow flexibility to schedule work around the tides depending on the results of the soil remediation work currently underway. He added that ideally MJB would only need 10-15 nights. Mrs. Pickett told Mr. Blais how pleased Council is to have this project moving forward. Mr. McKeown moved, seconded by Mr. Geer, to approve the requested noise variance. Vote: Ayes— McKeown, Petrish, Pickett, Richardson, Turner and Geer. Motion carried. Franchise Agreement: Skagit County Rights-of-Way Assistant City Engineer Matt Reynolds stated that the City owns and operates several infrastructure improvements in Skagit County right-of-way through a franchise agreement between the City and the County. These are primarily water transmission lines. He explained that the existing franchise agreement has expired and the proposed agreement renews the existing agreement for 25 years. Mrs. Pickett asked if the City Attorney had reviewed the agreement. Mr. Furlong said he had not but advised that Council could approve the agreement subject to his review. Mr. Geer moved, seconded by Mr. McKeown, to approve the franchise agreement pending review by the City Attorney. Mrs. Richardson asked if the 90 day time limit for relocating utilities is sufficient. Mr. Reynolds said the agreement allows the City to propose a different duration. Mrs. Richardson agreed but noted that the County does not have to agree to the City's proposal. She asked Mr. Furlong to review this issue. Vote: Ayes— Petrish, Pickett, Richardson, Turner, Geer and McKeown. Motion carried. There being no further business, at approximately 7:50 p.m. Mayor Pro Tempore Richardson continued the regularly scheduled Anacortes City Council meeting of September 7, 2010 to September 13, 2010 for review and approval of an agreement regarding water service and award of a task order to MWH for a heat exchanger. Anacortes City Council Minutes September 7, 2010 2