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HomeMy WebLinkAbout2009-03-16 City Council Minutes Approved City Council Minutes March 16, 2009 1 82 Y Odi'; City Council Minutes—March 16, 2009 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of March 16, 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 Mayor Maxwell reported that the minutes of March 2, 2009 would be available at the next regularly scheduled meeting. Citizen Hearings No one present wished to testify on matters not on the agenda. Mayor/Council Communication Reappointment: City Improvement Board: Mr. McKeown moved, seconded by Mr. Geer to confirm the reappointment of Mr. David Staton to the City Improvement Board (CIB) ; Mr. Staton will serve as the Ward 3 representative on the CIB. Vote: Ayes — Petrish, Pickett, Adams, Turner, Richardson, Geer, and McKeown. Motion carried. Police Chief Bowers introduced the City's newest Police Officer, Travis Dotzhauer. Officer Dotzhauer was hired in October 2008 and finished his training at the Justice Academy; he comes to this department highly recommended and excelled at the Police Academy as well; the City is fortunate to have him on patrol. The Mayor then administered the Oath of Office. The Chief also shared a letter of commendation for Sergeant Chris Fuller, a 10-year veteran of the Public Safety Department. On October 22, 2008 Sergeant Fuller responded to a call regarding a possible heart attack; he arrived at the scene prior to the paramedics and with an off-duty paramedic from Seattle, performed CPR. According to the paramedics, the Sergeant's quick actions were a contributing factor to the gentleman's survival. The commendation summarized that there is no greater achievement than saving a life; for his actions on October 22nd, Sergeant Fuller is to be commended. Both officers received thanks and applause from the Mayor, Council, and audience. Mr. Petrish informed the community that the Causland Park Restoration Project is ongoing; additional work will begin on the Park steps and north wall in an effort to restore the Park to its 1926 grandeur. The Mayor thanked the Parks Department and the Park Foundation Board for contributing to this effort. Mr. McKeown reported that the Tursi Park is well-used and will be a great addition to the Pennsylvania Avenue neighborhood. There will be a Park dedication ceremony as soon as weather allows. Consent Agenda Mrs. Pickett moved, seconded by Turner to approve the following Consent Agenda items. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown, and Petrish. 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 5, 2009 and March 12, 2009 are approved for payment as of this date March 16, 2009. Claims Warrants March 2009: Warrant Numbers 50014 through 50217 in the total amount of$398,769.06 City Council Minutes March 16, 2009 2 EFT March 2009: EFT Number 50007 through 50013 in the total amount of$2,340.02 Payroll for March 5, 2009 in the total amount of$729,886.11 Warrant Numbers 33300 through 33349 in the total amount of$55,400.08 Direct Deposit Numbers 29934 through 30126 in the total amount of$296,204.13 EFT Numbers 956 through 964 in the total amount of$378,281.90 Cancellation of Warrant Warrant Number 49981 in the total amount of$31,422.56 In the same motion Council: Adopted Resolution No. 1777 setting April 6, 2009 as the Public Hearing date on a Petition to Vacate a portion of"A"Avenue; Approved the following Street Fair Applications: (1) Anacortes Antique Machinery Show on September 12, 2009, Market and 6th Streets from 6:00 a.m. to 6:00 p.m.; and (2) March for Meals Parade on March 21, 2009 at Storvik Park on 29th Street from 10:00 a.m. to 12:00 noon. Continued Closed Record Meeting: Leeward East Planned Unit Development and Conditional Use Mayor Maxwell initiated the Continued Closed Record Meeting for the Leeward East Planned Unit Development and Conditional Use land use applications and related appeals. The project is located east of Edwards Way in the CM Zone; 23 single family residential lots and 38 condominium units in 2 buildings are proposed. Mr. Don Measamer, Assistant Planning Director, explained that on March 2, 2009 the City Council heard the Planning Commission recommendations on this project as well as the two appeals. Mr. Ryan Larsen, Planning Director, distributed a March 10, 2009 revised memo outlining recommended and revised conditions. The applicant was notified of the revisions and suggested in regard to the Barnes appeal/item # 1, a 16 1/2 - 17' setback versus 20'; buildings would have to be redesigned otherwise. Further, Condition 5a, 5b should be revised to show setback from the constructed trail rather than the property line. The applicant agreed to double impact fees for just the single family residential structures. Mr. Turner expressed concern regarding the 20' easement from the constructed trail (5a). Mrs. Pickett asked about the height calculations. Mr. McKeown discussed the Comprehensive Plan recommendation to include a Commercial component in CM developments. Ross Barnes/Evergreen Islands appeal items: Appeal Condition (1) shall read: Building setback along the Port of Anacortes property line (Guemes Channel Trail) shall be 20-feet. Mr. McKeown moved, seconded by Mr. Turner, to accept: Vote: all Ayes. Appeal Conditions (2) and (3) shall be dismissed. Mrs. Richardson so moved, seconded by Mr. Geer: Vote: all Ayes. Appeal Condition (4) shall read: Prior to submitting construction plans, the applicant shall provide to the Planning Department a design of the trail from Leeward West along the Edwards Way cul-de-sac to the Guemes Channel Trail portion lying in front of the Leeward East project. This plan shall be reviewed and approved by the Director of Planning, Parks Director, and the Fire Chief. Mr. Turner moved, seconded by Mr. McKeown to accept. Vote: all Ayes. Appeal Condition (5) shall read: The applicant shall provide for bus parking in a location acceptable to the Director of Public Works and Parks Director. The location will need to be designed to accommodate for a single bus. Mrs. Richardson moved, seconded by Mrs. Pickett to accept. Vote: all Ayes. Appeal Condition (6) shall read: The Ordinary High Water Mark (OHWM) shall be surveyed prior to submitting construction plans. The surveyed OHWM shall be shown on the construction plan. Mr. Turner moved, seconded by Mr. Adams to accept. Vote: all Ayes. San Juan Passage, LLC: Appeal Condition (1) shall be amended as follows and as recommended by Mrs. Richardson: The building height for the condominium/multifamily buildings shall not exceed 35 feet above the average existing grade under the buildings. The average existing grade shall be calculated by shooting elevation points at 20-foot intervals around the entire perimeter of the buildings and averaging those elevations. The existing elevation points shall be surveyed prior to beginning any construction, and City Council Minutes March 16, 2009 3 a copy of the survey shall be provided to the City. Average grade shall be determined by a qualified surveyor and a permanent datum set prior to permitting. Mrs. Richardson moved, seconded by Mr. Geer to accept. Vote: all Ayes. Appeal Conditions (2) and (3) shall be dismissed. Mr. Turner so moved, seconded by Mr. McKeown. Vote: all Ayes. Appeal Condition (4) shall read: Applicant will install, at their cost, a new section of the Guemes Channel Trail in accordance with City approved guidelines and standards along the shoreline adjacent to the subject property. If the trail construction is completed by the City, the applicant shall pay the City for those improvements installed associated with the Guemes Channel Trail adjacent to the subject property. Mr. Adams moved, seconded by Mr. Geer to accept. Vote: all Ayes. Appeal Condition (5)(a) shall read (as discussed and amended by Council): The applicant shall provide, in a separate tract, a 20-foot easement along the east property line to accommodate for open space and buffer from the proposed access trail to the Guemes Channel Trail with the San Juan Passage project. The applicant shall also provide a separate tract for the open space/park located in the northeast corner of the property, as shown on Exhibit C1. The applicant shall be responsible for construction of the portion of the trail on their property and there shall be no planted species within the easements/tracts having a mature height of greater than 30-feet. Mrs. Richardson moved, seconded by Mr. McKeown to accept. Vote: all Ayes. Mr. Geer moved, seconded by Mr. McKeown to dismiss proposed Appeal Condition 5b. Vote: all Ayes. Appeal Condition (6) shall read (as discussed and amended by Council): The Park Impact Fee shall be $1,230 per single family residential lot/unit and $615.00 for each condominium/multifamily unit. These impact fees shall go towards constructing the Ship Harbor Interpretive Preserve Trail System and associated wetland protections. Mr. McKeown moved, seconded by Mr. Turner to accept. Vote: all Ayes. Appeal Condition (7) shall be dismissed. Mr. Geer so moved, seconded by Mr. Turner. Vote: all Ayes. Revised Conditions: Staff recommends Condition (21) shall read: Exterior lighting shall be of a low intensity type and shielded to prevent glare at the shoreline and nearby residences. Mrs. Richardson so moved, seconded by Mrs. Pickett. Vote: all Ayes. Staff recommends Condition (24) shall read: For lots 6,000 square feet or larger, the standards of the R2 zone shall apply to setbacks, lot coverage, and height limits. For lots less than 6,000 square feet the R3 zone standards shall apply. Mrs. Pickett moved, seconded by Mr. McKeown to accept. Vote: all Ayes. Staff recommends Condition (25) shall read (as discussed and amended by Council): Two permanent ADA parking stalls shall be located adjacent to the cul-de-sac for public access to the Guemes Trail. The applicant shall also provide an additional thirteen (13) public parking spaces, which shall be dedicated by public easement, when permanently constructed. City staff will work with the applicant to provide a mutually agreed upon location for these additional parking stalls. The applicant shall also install temporary public restroom facilities until such time as permanent restrooms are installed in accordance with the conditions associated with the Leeward West project, in a location acceptable to the Director of Planning and the Parks Director. The applicant will need to provide to the Director of Planning and the Parks Director a mechanism which will ensure continual maintenance of these temporary facilities. Permanent parking and restroom facilities shall be installed within four years of the date hereof or six months prior to the expiration of the Leeward West project permits, whichever occurs first. Mrs. Pickett so moved, seconded by Mr. McKeown. Vote: all Ayes. Staff recommends Condition (27): becomes new Condition (37) shall read (as discussed and amended by Council): The applicant shall provide, in a separate tract, a 20-foot easement along the east property line to accommodate for open space and buffer from the proposed access trail to the Guemes Channel Trail with the San Juan Passage project. The applicant shall also provide a separate tract for the open space/park located in the northeast corner of the property, as shown on Exhibit C1. The applicant shall be responsible for construction of the portion of the trail on their property and there shall be no planted species within the easements/tracts having a mature height of greater than 30-feet. Mr. Turner moved, seconded by Mr. Geer to accept. Vote: all Ayes. New Conditions per City Council: Council recommends addition of the following: Condition (i): Prior to issuance of the first clearing/grading/building permit for this project, the applicant shall dedicate to the City: (1) the wetland and wetland buffer west of the project site (within the project area known as Leeward West); and (2) an easement over the shoreline for a public recreation trail along the entire Leeward property (west side and east side.) Mr. Turner moved, seconded by Mrs. Picket to accept. Vote: all Ayes. Condition (ii): In order to ensure completion of the site stabilization, as defined in the Geotechnical Reports, the applicant and or owner shall provide a bond or other mechanism (Chapter City Council Minutes March 16, 2009 4 13.36.240 Bonds and Liability Insurance Required) acceptable to the City of Anacortes to ensure the completion of slope stabilization work once any work commences on-site. The applicant shall also provide to the City liability insurance as defined in Chapter 13.36.240 — Bonds and Liability Insurance Required. Mr. Adams moved, seconded by Mr. Turner to accept. Vote: all Ayes. Condition (iii): As a general standard, all lots shall have a minimum of 30-feet frontage on a public street. Mr. Geer moved, seconded by Mrs. Richardson to accept. Vote: all Ayes. Condition (iv) (as amended after discussion): The applicant and/or owner is required, after satisfactory completion of the project, to provide a 2-year Maintenance Bond of public facilities that guarantees satisfactory maintenance of the facilities constructed. This bond will be used at the discretion of the City of Anacortes to correct deficiencies in maintenance affecting public health, safety and welfare and must be posted and maintained throughout the 2-year maintenance period. Mr. Adams moved, seconded by Mr. Turner to accept. Vote: all Ayes. The Mayor and Council thanked Mr. Larsen for the background material and presentation. The Findings of Fact reflecting all amendments and additions will be brought back to Council for adoption. There being no further business, at approximately 8:30 p.m. Mayor Maxwell adjourned the regularly scheduled meeting of March 16, 2009.