City Council

COUNCIL CHAMBERS CITY HALL BURLINGTON, WA November 14, 2013 CALL TO ORDER: Mayor Sexton called the meeting to order at 7:10 p.m., with the Pledge of Allegiance. Council members present: Aslett, Bensen, Bieche, DeGloria, Edmundson and Montgomery. Staff present: Buckholz, Dempsey, Fleek, Harrison, Hawes, Moser, Nielson, Pulst, Robinson, Sheahan, Thomas, Tingley, VanWieringen and Zitkovich. A motion was made by Councilors DeGloria/Bensen to excuse Councilor Loving from tonight’s meeting. All agreed; motion carried. MINUTES: A motion was made by Councilors Bensen/Edmundson to approve minutes of the October 24 and 30, 2013 Council workshops and the October 24, 2013 regular Council meeting. All agreed; motion carried. AUDIT OF BILLS: A motion was made by Councilors Montgomery/DeGloria to approve October 31, 2013 payroll checks numbered 19259 - 19311 in the amount of $499,784.41 and November 14, 2013 Accounts Payable checks numbered 19312 - 19450 in the amount of $304,631.67. He noted that check # 19258 was voided. All were in favor; motion carried. SPECIAL REPORT: Recreation Coordinator Christi Kinney reported that a new youth group has formed with the help of the Burlington Health Community Coalition. The youth group planned, organized and hosted a Friday evening concert of local high-school musicians. The event was held at the Common Ground facility and was a success with about 300 attending. The group will continue to plan safe events for youth to “hang out” and are also interested in community projects. PUBLIC COMMENTS: There were no public comments. OFFICERS REPORTS: Finance Director Robinson presented an update on the status of the Springbrook financial software implementation. She noted that Springbrook will resolve all problems they can prior to having a representative on site next week to resolve the final issues encountered with the transition and complete training of city staff. Court Administrator Zitkovich announced the 2nd annual Fallen Officers Food Drive Challenge, November 18 – December 6, 2013. The City of Burlington is challenging the cities of Anacortes, Mount Vernon and Sedro-Woolley to a friendly food drive benefiting local Skagit County food banks. UNFINISHED BUSINESS: ALTERNATIVES FOR ADDRESSING RECREATIONAL AND MEDICAL MARIJUANA USE WITHIN CITY LIMITS. Planning Director Fleek stated that as previously discussed, there are at least three alternatives for addressing Recreational and Medical Marijuana use, and if action is to be taken prior to the Liquor Control Board’s accepting license applications, this is the time. 1 COUNCIL CHAMBERS CITY HALL BURLINGTON, WA November 14, 2013 She proposed the following alternatives: 1) Adopt zoning code amendment to set regulations for recreational retail, processing and growing and prohibit medical; 2) Adopt zoning code amendment to set regulations for recreational retail, processing and growing and allow medical subject to the same regulations, including only allowing the uses if they are licensed by the state or; 3) Take no action and leave the current moratorium in effect, which gives the City until March of 2014, with the intent to prohibiting all uses long term. Council members discussed the options. Planning Director Fleek noted that the State of Washington will begin issuing licenses November 18, 2013. Ms Lea Kincaid, 400 S. Anacortes Street, General Manager of Washington Source, LLC, stated that her company plans to grow and process cannabis. She will sell the cannabis wholesale and ship to buyers; there will not be retail sales at a South Anacortes Street location. She would like to operate her business at a former egg farm facility on South Anacortes Street. She requested the city amend the proposed ordinance regarding a limitation on growing and/or processing facilities that they be located 1,000 feet from a residential area be changed to apply only to retail sales locations and not growing and processing facilities. Ms Jennifer Aylor, 437 Warner Street, Sedro-Woolley, owner of Elred & Associates, requested the language in the proposed ordinance be modified as requested by Ms Kincaid. A motion was made by Councilors Edmundson/Montgomery to approve the Ordinance amending the zoning code to set regulations for recreational retail, processing and growing and allow medical subject to the same regulations, including only allowing the uses if they are licensed by the state All agreed; motion carried. (Ordinance # 1788) NEW BUSINESS: PUBLIC HEARING; PROPOSED AMENDMENTS TO THE BURLINGTON MUNICIPAL CODE CHAPTER 2.96 HISTORIC PRESERVATION ADVISORY BOARD. Mayor Sexton opened the public hearing. Planning Director Fleek stated that the ordinance before council this evening would put Burlington in a position to become a Certified Local Government, under a National Park Service program that includes developing a local historic data base, offering a 10-year property tax incentive to owners who choose to fix up their buildings, and providing for annual grant funds (in the range of $7,500-$9,500) to local jurisdictions participating in the program. Staff for the program would be a joint effort of the Planning Department (data base development) and the Parks and Recreation Department. She noted that currently, the town of Concrete and the City of Anacortes participate in the program. No one from the public spoke. Council members discussed the proposal. Councilor Aslett requested additional information regarding the process and sample forms, etc. Planning Director Fleek stated she would provide additional information. A motion was made by Councilors Aslett/Edmundson to close the public hearing. All agreed; motion carried. A motion was made by Councilors Bieche/Edmundson to approve the ordinance establishing a Historical Preservation Commission. Voting in favor were Councilors Edmundson, DeGloria, Bieche, Montgomery and Bensen. Voting against was Councilor Aslett. Motion carried. (Ordinance # 1789) REQUEST FOR AMENDMENT TO THE SIGN CODE TO ALLOW A 350 SQUARE FOOT ELECTRONIC SIGN 65 FEET HIGH. Planning Director Fleek stated that the Hyundai dealership on Goldenrod Road is asking for an amendment to the Sign Code to allow a 350 square foot electronic sign that is 65 feet high for dealers of new vehicles along I-5. She stated that a public hearing was conducted by the Planning Commission on the proposal for automobile dealers along I-5, 150 feet apart or co-located such as I-5 Auto World. The Planning Commission recommended denial of the proposal, but also asked that if the City Council wants to change policy on the limitations currently in place, the issue should be sent back to the 2 COUNCIL CHAMBERS CITY HALL BURLINGTON, WA November 14, 2013 Planning Commission for a specific detailed recommendation. She noted, as a comparison, the new Skagit Regional Clinic electronic sign located along Interstate 5 just south of the Skagit River is about 247 square feet. Councilor Bensen objected to the proposal to allow only dealers of new vehicles rather than new and used vehicle dealers. A motion was made by Councilors Bensen/Edmundson to deny the request and send the issue back to the Planning Commission for a specific detailed recommendation. All agreed; motion carried. AWARD OF CONTRACT FOR SUPPLIER OF PUBLICATIONS FOR THE BURLINGTON PUBLIC LIBRARY. Library Director Buckholz stated that the library issued a Request for Proposals to vendors that supply books, audiovisual materials, and electronic resources. The library received responses from three major book vendors. After review of the proposals, the Library Board of Trustees recommends that the City select “Brodart Books & Library Services” as the primary vendor of library materials and also establish accounts with the other two vendors to provide materials that are not available through Brodart. A motion was made by Councilors DeGloria/Bieche to select Brodart Books & Library Services as the primary vendor of library materials. All agreed; motion carried. INTERLOCAL SERVICES AGREEMENT WITH CITY OF ANACORTES FOR RECIPROCAL LIBRARY BORROWING. Library Director Buckholz stated that since 2011 we have been involved in a reciprocal borrowing agreement with the Anacortes Public Library which allows Burlington residents to apply for a library card at the Anacortes Public Library (and vice versa). The statistical data, and comments from Anacortes and Burlington residents who have embraced this idea, show that it’s a win/win situation for both cities and one we heartily endorse. She noted there is little impact on staff workload, and the agreement has provided added value to our tax payers. The Library Board of Trustees recommends approval of the permanent Reciprocal Library Borrowing agreement. A motion was made by Councilors Bieche/Aslett to approve the interlocal services agreement with City of Anacortes Library for a permanent Reciprocal Library Borrowing. All agreed; motion carried. CONTRACT WITH GRAY & OSBORNE, INC. FOR DESIGN AND CONSTRUCTION MANAGEMENT OF DEPARTMENT OF ECOLOGY STORMWATER QUALITY TREATMENT GRANT. Public Works Director/City Engineer Pulst stated that this $67,560 contract will provide the bid package and construction management services. This grant funded project provides for a water quality treatment retrofit where none currently exists. The proposed system is at two locations; 1) the south end of Spruce Street, and 2) Gilkey Road between Spruce Street and Gages Slough. Construction is planned for the summer of 2014. Funding for this work is 80% funded by a State Department of Ecology grant with the remainder to come from the storm drain utility. A motion was made by Councilors Bensen/Aslett to approve the contract with Gray & Osborne, Inc. in the amount of $67,560 for design of stormwater quality treatment project and construction management services. All agreed; motion carried. PUBLIC HEARING; REVENUE SOURCES FOR 2014, INCLUDING POSSIBLE INCREASE TO PROPERTY TAX REVENUES. Mayor Sexton opened the public hearing. Finance Director Robinson stated that the City has the option of no increase to the levy rate up to an 8.53% increase. She noted that each one percent increase will increase tax revenue by $24,063.00. There were no speakers from the public. A motion was made by Councilors Bensen/Bieche to close the public hearing. All agreed; motion carried. A motion was made by Councilors Bensen/Montgomery to approve the Ordinance to increase the property tax levy rate by 0%. All agreed; motion carried. (Ordinance #1790) 3 COUNCIL CHAMBERS CITY HALL BURLINGTON, WA November 14, 2013 PUBLIC HEARING; PRELIMINARY 2014 BUDGET. Mayor Sexton opened the public hearing. Finance Director Robinson stated that this public hearing is to allow comments from the public regarding the 2014 Preliminary Budget. There were no public comments. A motion was made by Councilors Bensen/Aslett to close this evening’s public hearing. All agreed; motion carried. A motion was made by Councilors Aslett/Bieche to continue the public hearing to the next regular City Council meeting, Tuesday November 26, 2014. All agreed; motion carried. AMENDING RESOLUTION NUMBER 21-2012 REGARDING VOLUNTEER FIREFIGHTER COMPENSATION. City Administrator Harrison stated that the proposed resolution will clarify the types of compensation, the rate of compensation and new calculations of the annual cap on volunteer compensation. He noted that the compensation of a volunteer firefighter is based on the pay of a full-time firefighter. Since the full-time firefighter labor contract was completed in May 2013, volunteer compensation rates need to be adjusted accordingly. A motion was made by Councilors Aslett/Bieche to approve the resolution amending Resolution #21-2012 regarding volunteer firefighter compensation. All agreed; motion carried. (Resolution # 19 – 2013) PROFESSIONAL SERVICES CONTRACT. City Attorney Thomas stated that this contract is needed for professional consulting regarding legal proceedings. Councilor Bensen asked the total cost to the city. City Attorney Thomas stated he did know at this time. A motion was made by Councilors Aslett/Edmundson to approve the agreement with Mr. Paul Fendt for legal professional services. Voting in favor were Councilors Edmundson, DeGloria, Aslett, Bieche and Montgomery. Voting against was Councilor Bensen. Motion carried. EXECUTIVE SESSION The Mayor and Council adjourned to Executive Session at 9:08 p.m. for the purpose of personnel (labor negotiations) and litigation. City Attorney Thomas stated the session would last for approximately 30 minutes. The Mayor and Council returned from Executive Session at 9:38 p.m. ADJOURNMENT: Mayor Sexton adjourned the meeting at 9:39 p.m. Crystil O. Robinson Steve Sexton Finance Director Mayor 4