HomeMy WebLinkAbout2009-04-06 City Council Minutes Approved City Council Minutes April 6, 2009 1
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City Council Minutes—April 6, 2009
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of April 6, 2009 to order. Roll call found
present Kevin McKeown, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson, and Brian Geer.
Absent: Nick Petrish. Roll call was followed by the Pledge of Allegiance.
(Mr. Petrish entered the Council Chambers at 7:45 p.m.)
Minutes of Previous Meeting
Mr. Turner moved, seconded by Mr. McKeown, that the minutes of March 2, 2009 and March 16, 2009 be
approved as if read. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion
carried.
Citizen Hearings
Mr. Bill Mitchell, 807 27th St., announced the celebration commemorating the 25th anniversary of the
Anacortes mural project. The May 2nd event, sponsored by the Anacortes Museum, will highlight the project
history and pay tribute to the sponsors and artists who made the mural displays such a success. Mr. Mitchell
mentioned the Town Graphics map of the City of Anacortes will highlight the mural locations; hopefully, this
will spark regional and national interest in the murals/community.
Mayor/Council Communication
The Mayor made the following reports: The recent inaugural of the Anacortes/Sidney international ferry run
was a great success. The Mayor shared a photo of the participants taken at the event by Mr. Jim English;
Senator Mary Margaret Haugen and Representative Judy Clibborn attended the activity; they were
instrumental in keeping the ferry run in the transportation budget.
Mr. Richard Bergner received a national award for his work with the Backyard Wildlife Habitat program; he
was named Community Volunteer of the Year by the National Wildlife Federation for his work with the
Anacortes Habitat program.
The City of Anacortes will receive the 2009 Association of Washington Cities Well City Award of Excellence.
Mayor Maxwell shared a Proclamation declaring April 8, 2009 as the City of Anacortes celebration of Arbor
Day and encouraged the community to participate in an Arbor Day tree planting at 10:00 a.m. at Island
Hospital on Wednesday, April 8, 2009. Anacortes was recognized by the National Arbor Day Foundation as
a Tree City USA for the eighth consecutive year.
The Mayor announced a change in the agenda: Unfinished Business - Item 5 a. Conditions: Leeward East
Conditional Use and PUD Conditions will be postponed to the next regular Council meeting. Add Item 8:
Executive Session (20 minutes) Potential Litigation.
Consent Agenda
Mr. McKeown moved, seconded by Mr. Geer to approve the following Consent Agenda item. Vote: Ayes —
Adams, Turner, Richardson, Geer, McKeown, and Pickett. 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
March 19, 2009 and March 26, 2009 are approved for payment as of this date April 6, 2009.
City Council Minutes April 6, 2009 2
Claims Warrants
Mar 2009: Warrant Numbers 50221 through 50494 in the total amount of$1,128,119.31
EFT
Mar 2009: EFT Number 50220 in the total amount of$201.00
Prewritten Claims
Mar 2009: Warrant Number 500219 in the total amount of$15,747.00
Payroll for April 3, 2009 in the total amount of$815,579.93
Warrant Numbers 33393 through 33447 in the total amount of$56,552.58
Direct Deposit Numbers 30298 through 30491 in the total amount of$499,124.51
EFT Numbers 942 through 974 in the total amount of$259,902.74
Public Hearing: Vacation of a Portion of"A" Avenue
Mayor Maxwell opened the Public Hearing on a Petition submitted by Mr. James L. Wilkison to vacate 5' of
"A" Avenue adjacent to his property at 2412 12th Street. Mr. Don Measamer, Assistant Planning Director,
explained that vacating the right-of-way would allow for two 7,500 square foot conforming lots. The Board of
Adjustment held a Public Hearing on this matter; no adverse comments were received from the neighbors or
staff. Subsequent to the Hearing, staff held a secondary review and supported the proposal; compensation
has been calculated at$18,895.00.
Mr. James L. Wilkison, 2412 12th St., explained that the vacation will allow for a second building site and
development flexibility. There were no further comments and the Mayor declared the Public Hearing closed.
Mrs. Richardson said that this portion of the right-of-way does not serve a large community and moved to
approve the vacation of 5' of "A" Avenue adjacent to Lot 11, Block 243, Anacortes. Mrs. Pickett seconded
the motion. Vote: Ayes—Turner, Richardson, Geer, McKeown, Pickett, and Adams. Motion carried.
ACFL Grant—Authorizing Resolution to Apply
Mr. Jonn Lunsford, Parks and Forestlands Manager, presented a Resolution that would authorize application
for 2010 state funding to have Anacortes Police officers patrol the ACFL during summer. The grant request
is for $5,400; required matching funds would come through existing ACFL staff salaries and volunteer labor.
Over the last 4 years similar grants have provided great benefit to the ACFL. Mr. Geer spoke in favor of this
successful program and moved to adopt Resolution No. 1778 entitled "A Resolution Authorizing Application
for Funding Assistance for a Non-Highway and Off-road Vehicle Activities (NOVA) Program Project to the
Recreation and Conservation Office (RCO) as provided in Chapter 46.09 RCW, Non-Highway and Off-Road
Vehicles Education and Enforcement 2010 Program." Mr. Adams seconded the motion. Vote: Ayes —
Richardson, Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried.
Del Mar Community Water Agreement
Mr. Fred Buckenmeyer, Public Works Director, explained that the City of Anacortes serves as a back-up
water supply for the Del Mar system under an existing agreement. The Del Mar Community Service would
like the City to be their primary source of potable water and would like to modify the agreement to increase
the committed water volumes. There are no costs to the City associated with this change; the City will
receive additional revenues with the increased sale of water. Discussion followed regarding water capacity
and growth management in this area. With that, Mr. McKeown moved, seconded by Mr. Turner to adopt
Resolution No. 1779 entitled, "A Resolution Authorizing the Mayor and City Clerk of the City of Anacortes to
Approve a Water Supply Agreement between the City of Anacortes and Del Mar Community Service, Inc."
Vote: Ayes—Geer, McKeown, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried.
March Point Trail Feasibility Study Interlocal Agreement
Mr. Fred Buckenmeyer, Public Works Director, discussed a proposed Department of Ecology funded
feasibility study for the March Point Trail. The study will investigate, in part, non motorized pathway
extensions, parking, connections to a countywide trail system, rest areas, trailheads, and alternative
alignments for non-motorized pedestrian facilities. The focus will be how to safely, conveniently, and
efficiently move pedestrian and bikes throughout the study service area. Additionally, DOE requires a study
of options for crossing Fidalgo Bay on the existing causeway including removal, restoration, and replacement
of the causeway to address a range of possible environmental impacts. The consulting firm of MacLeod
Reckord met with the approval of DOE and City staff. After discussion, Mr. McKeown moved, seconded by
Mr. Geer, to authorize the Mayor to enter into an Interlocal Agreement with the Department of Ecology for the
City Council Minutes April 6, 2009 3
March Point Trail Feasibility Study and award the consultant contract to MacLeod Reckord Design Firm in
the amount of $50,000 including sales tax. Vote: Ayes — McKeown, Petrish, Pickett, Adams, Turner,
Richardson, and Geer. Motion carried.
Fidalgo Bay Road Project Establishing City as Lead Agency
Mr. Fred Buckenmeyer, Director of Public Works, explained the Samish Indian Nation was awarded
$449,387 from the Public Lands Highway Discretionary Program to make improvements to a section of
Fidalgo Bay Road located on the east side of Highway 20. The Samish Indian Nation is requesting the City
of Anacortes assume the Lead Agency role for the Fidalgo Bay Road project. At this time, the scope of the
work is undetermined; the first task will be to contract with an engineering consultant to perform a planning
level investigation. There will be no associated costs with the Lead Agency status. After discussion, Mr.
Turner moved, seconded by Mr. McKeown, to authorize the City of Anacortes to assume Certified Agency
Status for the Samish Indian Nation Fidalgo Bay Road improvement project. Vote: Ayes — Petrish, Pickett,
Adams, Turner, Richardson, Geer, and McKeown. Motion carried.
Consideration of Bids: Securing 20-inch Waterline on Bartholomew Bridge
Mr. Fred Buckenmeyer, Director of Public Works, presented a request to Council to consider bids for
securing the 20-inch waterline at Bartholomew Bridge. The bridge over the BNSF Railroad branch line to the
refineries at Bartholomew Road has settled. The 20-inch waterline, supplying water to the refineries, is
attached to this bridge and is subject to additional stress due to the settlement. The apparent low bidder for
this project was rejected due to an incomplete submittal; staff recommends awarding the bid to SRV
Construction of Oak Harbor. After discussion, Mr. Geer moved, seconded by Mrs. Pickett to award the 20-
inch Waterline/Bartholomew Bridge project to SRV Construction of Oak Harbor in the amount of $9,180.00.
Vote: Ayes- Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. Motion carried.
Flounder Bay Dredging Phase Ill Ballot Results
Mr. Fred Buckenmeyer, Public Works Director, reported on the results of the Flounder Bay Dredging Phase
III ballot. This tabulation marks a major milestone in this public/private partnership for the dredging project.
Mr. Buckenmeyer mentioned that Mr. Eric Shjarback, Assistant City Engineering, and Mr. Jesse Hofheimer,
Finance Office manager, were instrumental in moving this project forward together with members of the
Dredging Advisory Committee (DAC). The voting results show approval for dredging to the entrance as well
as "E" and "F" Channels; none of the keys are to be dredged. 60% of the voters said yes to additional
dredging to the permitted depth if the dredge bid costs come in lower than the ballot approved costs. An
Ordinance will be brought to Council establishing the assessments to each stakeholder for Phase III.
Consideration of Bids/Award: Anacortes Family Center CDBG Grant
Mr. Fred Buckenmeyer, Public Works Director, submitted bid results for the Anacortes Family Center
Improvement Contract Award. The project will construct offsite street and alley improvements and necessary
utility installation and upgrades at 1011 27th Street. Low bid was received from Schwetz Construction of
Anacortes. After discussion, Mr. Turner moved, seconded by Mr. Adams, to award the Anacortes Family
Center Improvement Contract Award to Schwetz Construction in the amount of $79,460.77. Vote: Ayes —
Adams, Turner, Richardson, Geer, McKeown, Petrish, and Pickett. Motion carried.
CDBG Action Plan 2009:
Mayor Maxwell opened the Public Hearing to take comments on the 2009 CDBG Action Plan and to close
the 30-day comment period allowing for final comments. Mr. Ryan Larsen, Planning Director, reported that
one e-mail was received and was circulated to Council for review. Project distribution of the funds: Skagit
Council Community Action Agency, Skagit County Food Bank Center, City of Anacortes ADA Compliant
sidewalk ramps; the Gentry House Adult Day Care Center, and administrative/planning costs. There were
no comments from the audience and the Mayor declared the Public Hearing closed. With that, Mrs.
Richardson moved, seconded by Mr. McKeown, to proceed with the approved projects and to approve the
2009 Action Plan for submittal to HUD. Mr. Petrish remarked that the Council conducted a significant review
of all proposed projects. Vote: Turner, Richardson, Geer, McKeown, Petrish, Picket, and Adams. Motion
carried.
City Council Minutes April 6, 2009 4
CDBG ARRA(American Recovery& Revitalization Act)Allocation
Mr. Ryan Larsen, Planning Director, reported that HUD provided additional funding to CDBG grantees
through the American Recovery and Reinvestment Act (ARRA); the City will receive $28,497 together with
the annual CDBG 2009 grant. The City is reviewing a number of possible projects; in particular, the City is
considering providing 10-20 homes in Anacortes (currently receiving energy assistance)with modifications to
make the homes more energy efficient; the project will be handled through the Skagit County Community
Action Agency (SCCAA). SCAA will screen and process applications. Staff is waiting for the federal
government"go-ahead"to implement the appropriate hearing process.
Development Regulations and Comprehensive Plan Discussion
Mr. Ryan Larsen, Planning Director, reported that in January, the Planning Department started accepting
Comp Plan and Development Regulation proposed amendments; the deadline for submittals was March 31,
2009. Mr. Larsen presented a proposed meeting schedule for both the Planning Commission and City
Council. Forty-two proposals were submitted representing sixty-six requested changes.
Executive Session
At approximately 8:30 p.m. the City Council convened in Executive Session. At approximately 8:46 p.m., the
City Council reconvened; Mr. Brad Furlong, City Attorney, stated that the Executive Session, pursuant to
RCW 42.30.120(i)was to discuss potential litigation. Without taking any further action, the Mayor adjourned
the regularly scheduled meeting of April 6, 2009.