HomeMy WebLinkAbout2009-07-06 City Council Minutes Approved City Council Minutes July 6, 2009 1
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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.