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HomeMy WebLinkAbout2009-07-06 City Council Minutes Approved City Council Minutes July 6, 2009 1 08. Y 24; City Council Minutes—July 6, 2009 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of July 6, 2009 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. Petrish moved, seconded by Mr. Turner, that the minutes of June 8, 2009, June 15, 2009, and June 22, 2009 be approved as if read. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried. Citizen Hearings No one present wished to speak on items not on the agenda. Mayor/Council Communication Mayor Maxwell thanked the community for the generous donations for the 4th of July fireworks display. Donations were received from over 400 people in the amount of$15,000 — another example of this great community pulling together. The parade was a great success and the Anacortes Women of Today organized this popular annual event. Mayor Maxwell remarked on the recent passing of Judge Eugene Anderson; a native of Anacortes, Judge Anderson spent a majority of his life in this community. He served as a well-respected Judge for 36 years and was an active community participant; in recognition of his lifetime of service, the Mayor asked for the Council's concurrence to rededicate the court facility in his honor. In appreciation, Mrs. Richardson moved, seconded by Mr. McKeown to rededicate the court facility as the Eugene Anderson Municipal Court Room. Vote: Ayes - Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. Motion carried. WWTP 2008 Outstanding Performance Award Presented by the Department of Ecology Mr. Fred Buckenmeyer, Public Works Director, introduced Ms. Karen Burgess, Unit Supervisor for the Northwest Region and Ms. Laura Fricke, Facilities Manager for the Northwest Region, both representatives from the Department of Ecology (DOE). Ms. Burgess explained that DOE annually recognizes wastewater treatment plants for their outstanding performance during the previous calendar year. The City last received this recognition in 2002; DOE thanked the City for the great service provided to the community. Ms. Burgess presented a commendation and plaque from the Northwest Regional Water Quality Program Manager to the Mayor and City. In particular, the Manager thanked the City's certified operators for their hard work and resourcefulness and for protecting Guemes Channel, a great natural and recreational resource in the Northwest. The Public Works Director, Fred Buckenmeyer, and John Franz, Plant Manager were also recognized and accepted the award on behalf of the City. Certificate of Appreciation Awarded to Alan Souders: Civil Service Mayor Maxwell then recognized the significant contribution of Mr. Alan Souders in appreciation of his service on the Anacortes Civil Service Commission and as a Civil Service Secretary/Chief Examiner. The Mayor characterized the wide variety of complex duties relative to the Civil Service scope of authority. With that, Mr. Souders accepted a Certificate of Appreciation accompanied by a standing ovation. Mr. McKeown made an observation on the overwhelming July 4th holiday ferry traffic. He offered that in other communities during holiday peak usage, ferry traffic can line up outside the city limits. This allows for a more orderly flow of traffic and the neighborhoods aren't burdened. The Mayor said that a number City Council Minutes July 6, 2009 2 of circumstances contributed to this unusual event and the City will work next year with WSDOT to help avoid a similar experience. Mrs. Richardson mentioned that there are alternative routes to the west end. Consent Agenda Mr. Geer moved, seconded by Mr. McKeown to approve the following Consent Agenda items. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown, Petrish, 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 June 18, 2009, June 25, 2009, and July 2, 2009 are approved for payment as of this date July 6, 2009. Claims Warrants June 2009: Warrant Numbers 51413 through 51665 in the total amount of$878,084.50 EFT June 2009: EFT Number 51410 through 51412 in the total amount of$538.00 Prewritten Claims June 2009: Warrant Numbers 51407 through 51409 in the total amount of$21,429.48 Payroll for June 19, 2009 in the total amount of$526,924.72 Warrant Numbers 33670 through 33722 in the total amount of$51,173.42 Direct Deposit from 31222 through 31391 in the total amount of$296,402.39 EFT Numbers from 997 through 1001 in the total amount of$179,348.91 Payroll for July 2, 2009 in the total amount of$812,350.21 Warrant Numbers 33723 through 33789 in the total amount of$62,193.47 Direct Deposit from 31392 through 31585 in the total amount of$492,884.64 EFT Numbers 976, 978, 1002 through 1006 in the total amount of$257,272.10 Cancellation of Warrant Warrant Number 51210 in the total amount of$471.70 Warrant Number 51035 in the total amount of$25,383.98 In the same motion Council: Accepted the 2009 Operations De-Watering Facility project (05-080-STM-001) by G.G. Excavation, Inc., as complete; and Accepted the Painting Aboveground 36-inch Waterline project (09-008-WTR-001) by Epic Construction LLC, as complete. Street Fair Application: Anacortes Arts Festival Mrs. Pickett asked that this item be removed from the consent agenda for discussion. She mentioned that some Cap Sante residents feel trapped by the festival route and suggested the possibility of opening 4th Street and Commercial to through traffic. The Mayor explained that typically there are from 80,000 to 100,000 visitors during the festival weekend with a substantial crown moving past 4th Street to the food booths and Port activities. Safety vehicles can cross at 4th Street, but opening the intersection to other vehicles would present a safety hazard. With that, Mr. Geer moved, seconded by Mrs. Pickett, to approve the Anacortes Arts Festival application subject to parking restrictions, public works services, police services, and street closures outlined in a May 28, 2009 memorandum from the Public Works Department. Vote: Ayes - Turner, Richardson, Geer, McKeown, Petrish, Pickett, and Adams. Motion carried. Closed Record Meeting: Conditional Use Application —Northwest Career and Technical Academy Mayor Maxwell initiated the Closed Record meeting for a conditional use application submitted by the Northwest Career and Technical Academy to develop a new education facility for instruction of preparatory programs related to marine industry. The site, generally located at 1601 "R" Avenue, is City Council Minutes July 6, 2009 3 located in the CM 1 Zone. Mr. Don Measamer, Assistant Planning Director, used an overhead display to highlight the key features of the proposal: a single story building, classrooms, labs, an assembly area and administrative offices with a building footprint of 16,328 square feet on 5.9 acres. The Planning Commission held an Open Record Public Hearing on this application and all documents and exhibits were forwarded to the Council for review. The Commission voted to recommend approval of the project subject to conditions; there were no appeals. Mr. Geer asked about soil samples taken within the footprint of the building; Mr. Measamer reported the applicant has submitted a building permit package including revisions to the geotechnical report originally put forward. The water monitoring issue raised by MJB has been addressed in Condition # 17; MJB has indicated approval of the condition. Responsibility will be identified in the agreement for water monitoring maintenance. Mrs. Richardson asked about Condition # 21 regarding pedestrian connectivity; she suggested additional language: "If an agreement is reached for the use of those spaces..." Mr. Petrish asked about any detail relative to the proposed retail village shown on the drawing. Mr. Adams asked about the Port parking area and any issues relative to overflow. Mr. Measamer explained that 100 spaces are proposed for this project; they are designated for multi-use and are available for overflow parking. Information relative to parking arrangements will be shown on the lease survey. Mrs. Richardson suggested an engineering review of changing the exit in "Q" Avenue to a right turn only. Mr. Adams asked about phasing; the plans now under review show construction of the entire project site. After discussion, Mr. Geer moved, seconded by Mrs. Pickett, to approve the Conditional Use Permit for the Northwest Career and Technical Academy subject to the Findings of Fact and Conclusions of Law as recommended by the Planning Commission and as amended. Vote: Ayes — Richardson, Geer, McKeown, Petrish, Pickett, Adams, and Turner. Motion carried. Closed Record Meeting: Conditional Use Application— Marina Place Condos in the CM Zone Mayor Maxwell initiated the Closed Record Meeting on a Conditional Use Application submitted by Homestar LLC for a residential condo and commercial space project at 9th Street and "R" Avenue. Mr. Don Measamer, Assistant Planning Director, explained that a similar application was submitted to the City in 2008 and was denied by the Planning Commission; in November of 2008, the City Council remanded the project back to the Planning Commission. The 2009 revised project consists of 7,000 square feet of commercial space on the first floor, 20 dwelling units, and 62 on-site parking spaces. During the Public Hearing on the revised application, the Housing Authority raised concerns about vehicle lights; conditions were recommended to address screening issues. The Planning Commission recommended approval subject to conditions and approved the revised Shoreline Permit; no appeals were filed. Mrs. Richardson raised the alley access as an issue; in that regard, Mrs. Richardson recommended amended Condition # 19 as follows: "The alley shall be paved and alley access shall remain open to the abutting property owners." Mr. Petrish said he thought the project will blend with the existing neighborhood. Mrs. Pickett stressed that homeowners are looking for residences where they can walk to downtown goods and services. Mr. McKeown said the proposal before them honors the Comprehensive Plan. With that, Mr. McKeown moved, seconded by Mr. Turner, to approve the Conditional Use application subject to the Findings of Fact and Conclusions of Law recommended by the Planning Commission and as amended. Vote: Ayes — Geer, McKeown, Petrish, Pickett, Adams, Turner, and Richardson. Motion carried. Public Hearing: Capital Facilities Plan (CFP) Mayor Maxwell opened the Public Hearing to take comments on the City's 6-year planning document (CFP) for capital projects. The City is required to operate under the Growth Management Act and the Plan is reviewed annually. Nine new capital projects have been added to the 2010 through 2015 document. The majority of the projects are additional fleet vehicles; two fire trucks were also added. Mayor Maxwell pointed out that Anacortes is one of the few cities to conduct a CFP update each and every year; that process assists in grant applications, GMA compliance, and helps keep track of facilities for future development. No one in the audience wished to testify and the Mayor declared the Public Hearing closed. An Ordinance adopting the CFP will be presented at the July 20th Council Meeting. City Council Minutes July 6, 2009 4 Task Order: HDR—Water Treatment Plant Design Mr. Fred Buckenmeyer, Public Works Director, reported that the City is entering into the final design phase on the water treatment plant design upgrade and expansion project. Mr. Buckenmeyer introduced Mr. Bob Powell, managing principal for HDR Burlington Office, and Mr. Greg Pierson, Project Manager. Mr. Buckenmeyer reported that Phases 1, 2 and 3A of the Water Treatment Plant improvement project have been completed. The selected treatment process is ballasted sedimentation pretreatment followed by granular media filtration. The project is now entering Phase 3B, final project design. The task order now before Council is for the first part of Phase 3B establishing the basis of design for the pretreatment and filtration processes and will bring the other treatment processes to the 60%final design level. Mr. Pierson explained the three primary objectives of the project; to improve the treatment performance to maintain compliance with drinking water regulations; to improve the reliability and redundancy of this facility; and to increase the plant capacity to at least a 20-year demand projection of 42,000,000 gallons/day with the capability to expand up to the water right. Two approaches were studied for treatment: an independent peer review was conducted focusing on (1) sand filtration with an enhanced pretreatment process; and (2) membrane filtration process with a more conventional pretreatment process. Mr. Pierson then compared the two alternatives; he also pointed out the difficulty in treating Skagit River water. The challenge of this site is to maintain 24/7 operations of existing facility while the new structures are completed. Mr. Pierson then gave an account of project details; the Mayor and Council thanked Mr. Pierson for his presentation. The Mayor appreciated the peer review process as well as Mr. Buckenmeyer's oversight on this project. Mrs. Pickett asked once the improvements are complete and should a flood occur, will the City still need to contact the Navy for sandbagging assistance. Mr. Buckenmeyer explained the measures that will be taken will make the Plant less vulnerable. After discussion, Mr. Geer moved, seconded by Mrs. Pickett, to approve the task order in the amount of $1,126,154 for Phase 3B Early Start Package of the final design of the Water Treatment Plant improvements, and to authorize the Mayor to enter into a contract with HDR in the amount of$1,126,154 for the Phase 3B project. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried. Contract Award to Dalton Olsted Fuglevand (DOF)for Skyline Dredging Project Mr. Fred Buckenmeyer, Public Works Director, explained that most of the work included in the Phase II Design and Permitting Phase for the Flounder Bay dredging project was previously contracted directly to HDR Engineering; the complexity of the project has diminished and HDR's participation was lessened. Under those circumstances, the Public Works Department working with the Dredging Advisory Committee is recommending to issue a Terminate for Convenience to HDR effective June 10, 2009. Through the direct contract with DOF, DOF will complete the work contemplated under HDR's contract plus the two new tasks together with a contingency budget of$25,000 with no net change in overall budget. The DOF proposal includes two new tasks: (1) transplant eelgrass from Flounder Bay to Fidalgo Bay and (2) prepare plans and specifications to move material from Flounder Bay to Fidalgo Bay. Dredging is slated to begin in August. After discussion, Mr. Turner moved, seconded by Mr. McKeown, to authorize the Mayor to enter into a contract with Dalton, Olmsted and Fuglevand (DOF) in the amount of $121,294 to complete Phase II of the Flounder Bay Dredging Project. Vote: Ayes - Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. Motion carried. Executive Session (15 minutes) At approximately 9:00 p.m. Mayor Maxwell and Council convened in Executive Session to discuss possible litigation. At approximately 9:15 p.m. the Council reconvened, and without taking any further action, the Mayor adjourned the regularly scheduled meeting of July 6, 2009.