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04/10/2006 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Diienno Tye Moore -Excused City of Port Orchard Council Meeting Minutes Regular Meeting of April 10, 2006 Carolyn Powers, Mayor Protem Rick Wyatt ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Police Chief Townsend, City Treasurer Tompkins, City Clerk Etgen, Deputy City Clerk Merlino and Assistant City Attorney Jacoby. 7:00P.M. CALL TO ORDER Dick Fitzwater led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Council Member Chang moved Business Item "Discussion -Annexations by Utility Districts" to Business. Mayor Abel moved the order of the Public Hearings to allow the "Columbia Mortgage, Capital Corporation Site Specific Rezone" to be heard before the "Preliminary Plat/PRO/Shoreline Substantial Development Permit for Leora Park II." Council Member Chang added to Business-Update on the Tremont Corridor and Roundabout. Council Member Clauson added the following to Business: • Approval of Expenditure for Suspended Ceiling at the Wastewater Treatment Facility • Authorize the Expenditure of Funds for the Connection of the SCADA System into the Phone Line at the Wastewater Treatment Facility Mayor Abel added to Business-Authorize Suspension of Sewer Bill (Bates). AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Kathie Lipka, resident, asked when the Council would be broadcasting the City Council meetings. Mayor Abel advised this item will be discussed at the April 24, 2006 City Council meeting. Dousithee Chamberlain, resident, asked if the City reached the water aquifer at the new well. Mayor Abel advised this item will be discussed this evening. Mr. Chamberlain asked if he could keep the sign in his front yard. Mayor Abel advised the sign could remain, as long as it did not cause any safety hazard. Minutes of April 10, 2006 Page 2 of 13 Naomi King questioned the zoning for 815 and 821 Hull Avenue. Mayor Abel advised this item will be discussed during the 50-foot circle zoning amendments. Amanda Rudd, business owner, advised the downtown business owners are ready to pull down the picket fence and signs on the marquee. Ms. Rudd confirmed again they want to work with the City. PUBLIC HEARING 50-foot Circle Zoning Amendments Mayor Abel opened the continued Public Hearing for further comments. Council Member Wyatt advised he was absent from the prior Public Hearing, however he reviewed the videotape and read the minutes and staff reports. Assistant City Attorney Jacoby advised this met the legal requirements to allow Council Member Wyatt to participate in the discussion and vote at this Public Hearing. Pat Lucas, resident, reminded the Council, that Kitsap County encountered a problem in McCormick Woods when they removed the 50-foot circle and cautioned the Council about their decision regarding this issue. Gil Michael, speaking as a resident and Planning Commission Chair and requested the following changes to the proposed amended zoning ordinance: • Change Note #14 in the Land Use Table to allow for a 6,000 minimum lot size in a PRD and R4.5. Currently the Land Use Table has no minimum lot size. • Change Note #15 in the Land Use Table to allow for a minimum lot width of 50 feet at the building site. Currently the Land Use Table requires a 40-foot building site. Mark Kuhlman, Team 4 Engineering, asked for the following change to the proposed amended zoning ordinance, Section 6(a) -adding back item "7 -lot size;" and remaining language "except that single family detached dwelling ... "remain stricken. Mr. Kuhlman encouraged the Council to maintain the minimum lot width of 40 feet. Norm Olson, N.L. Olson and Associates, expressed a concern as to the inconsistency of the Comprehensive Plan and Zoning Ordinance as it relates to the R20 zone. Mr. Olson advised this inconsistency could be changed if the Council adopts an Ordinance to allow detached housing in an R20 zone. At 7:23p.m. Mayor Abel closed the Public Hearing to further public testimony. Council Member Powers moved and Council Member Wyatt seconded a motion to approve the changes to Zoning Ordinance No. 1748 as outlined in Ordinance No. 09- 06 allowing detached housing in the R20 Zoning adding a minimum lot size and lot width in the R4.5 zone eliminating the requirement to maintain a useable minimum diameter of 50 feet behind all setbacks in Planned Residential Developments and all zones, and eliminating the minimum lot size in Planned Residential Developments. Council Member Dilenno amended the motion and Council Member Chang seconded the amendment to modify Section 1 to read " ... detached housing in the R20 zone, within a PRO, ... " Minutes of April 10, 2006 Page 3 of 13 Council Member Powers urged the Council to vote this amendment down, since a PRD has more restrictions and without the PRD the developer has more flexibility for development and density. Council Member Chang spoke in favor of the proposed amendment, as a PRD allows for better quality standards in the City. Upon vote, amended motion passed with 5 affirmative votes and one dissenting vote. Council Member Powers cast the one dissenting vote. Council Member Dilenno further amended and Council Member Chang seconded the amended motion to modify and add to Section 6 (a)-"Item (7) Lot size," and delete Note #14 from the Land Use Table, Densities and Dimensions. Upon vote, motion passed unanimously. Upon vote, the amended motion passed unanimously. Columbia Mortgage, Capital Corporation Site Specific Rezone (R-1175) Assistant City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. Assistant City Attorney Jacoby further advised it is required that the Council be fair and impartial with no conflict of interest or appearance of fairness violations. Assistant City Attorney Jacoby asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. There was no comment from any Council Members. Assistant City Attorney Jacoby further asked if any Council Member had any financial interest in this property, applicant or representative of the applicant, either directly or indirectly relating to the property that is involved. There was no comment by any Council Member. Planning Director Long-Woods addressed the proposal for a Site Specific Rezone from Residential 4.5(R4.5) to Commercial (CO) to allow a commercial business to remain on site in an existing 1,860 square foot structure and to convert a 720 square foot house into a barbershop. The project is in an area designated as Commercial in the Comprehensive Plan. The subject property is a 1.41 acre parcel with two addresses, located at 2143 and 2154 Bethel Avenue. Planning Director Long-Woods also presented the history of the property, reporting that in 1990, Pat's Accounting took up residency at 2143 Bethel Avenue. After searching City files, no records were found that a Special Use Permit or Temporary Use Permit was issued for this business. Planning Director advised in the zoning ordinance there is a clause under Temporary Use Permits, that if there is a "good faith effort" to maintain the property as a non- conforming use on a parcel, a Temporary Use Permit could be issued for up to four months. This Temporary Use Permit would allow Columbia Mortgage to operate their business and allow them the opportunity to submit their Site Specific Rezone from Residential 4.5 to Commercial. Planning Director Long-Woods further advised Columbia Mortgage in the future (approximately 3-5 years), will be demolishing the current buildings and submit a new project to the City. At that time, all issues concerning community impact, building codes, site improvements, drainage, utility upgrades and all other issues pertaining to the permanent structures will be addressed. At 7:45p.m. Mayor Abel opened the Public Hearing. Minutes of April 10, 2006 Page 4 of 13 Norm Poteet, representing the applicant, advised the applicant wants to make sure he can legally operate his business at this site and in the future propose a new site development. Ross Farr, applicant, asked for Council's approval on this rezone, allowing him to move forward with his business plans. Gil Michael, Planning Commission Chair, added a condition to the March 20, 2006 Staff Report under Zoning: "#6-Any building revision, increase in foot print or use of site, must come back to the Planning Commission and City Council for review and approval." Planning Director Long-Woods clarified that the Code already states rev1s1ons would be reviewed and addressed by the City Council, however Mr. Michael is asking that any revisions be brought back to the Planning Commission as well. Public Works Director Abed requested the following conditions: • The applicant is required to dedicate 20 feet of additional right-of-way along the property frontage along Bethel Avenue, per City Ordinance No. 1482. • The applicant is required to sign a Waiver of Protest Agreement to waive the property's right to protest a future Local Improvement District (LID) for the future Bethel Avenue improvement to include pavement widening, curb/gutter, sidewalk, street lighting, storm system improvement and landscaping per City Development Standards. Mr. Poteet, representing applicant, advised the footprint has not changed, however expressed a concern with the required 20-foot dedication of additional right-of-way along Bethel Avenue, as it will encroach upon their parking. Public Works Director Abed clarified no structures can be placed on the required 20 feet of dedicated right-of-way, however this land can be used for parking purposes, until such time the City would need to widen Bethel Avenue. At 8:00 p.m. Mayor Abel closed the Public Hearing to further public testimony. Council Member Wyatt moved and Council Member Powers seconded a motion to approve the Site Specific Rezone application to rezone two parcels located at 2143 and 2153 Bethel Avenue, from Residential 4.5 (R4.5) to Commercial (CO), along with adding to the Staff Report #6 under Zoning "Any building revision, increase in footprint or use of site must come back to the City Council for a Public Hearing and also with the addition of the following two conditions as recommended by Public Works Director Abed: • The applicant is required to dedicate 20 feet of additional right-of-way along the property frontage along Bethel Avenue, per City Ordinance No. 1482. • The applicant is required to sign a waiver of Protest Agreement to waive the property's right to protest a future Local Improvement District (LID) for the future Bethel Avenue improvement to include pavement widening, curb/gutter, sidewalk, street lighting, storm system improvement and landscaping per City of Port Orchard Development Standards. Minutes of April 10, 2006 Page 5 of 13 Council further directed staff to prepare an Ordinance for the next regularly scheduled meeting. Upon vote, motion passed unanimously. Preliminary Plat/PRO/Shoreline Substantial Development Permit for Leora Park II CSUBDIV04-01/ PRD /SDP168-04) Assistant City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. Assistant City Attorney Jacoby further advised it is required that the Council be fair and impartial with no conflict of interest or appearance of fairness violations. Assistant City Attorney Jacoby asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. There was no comment from any Council Members. Assistant City Attorney Jacoby further asked if any Council Member had any financial interest in this property, applicant or representative of the applicant, either directly or indirectly relating to the property that is involved. There was no comment by any Council Member. Mayor Abel reported that Gil Michael, Planning Commission Chair, submitted proposed changes to the Conditions of Approval as recommended by the Planning Commission. Planning Director Long-Woods presented the proposal to subdivide an 11.96-acre site located adjacent to Blackjack Creek into a Planned Residential Development (PRD) of 18 single-family residential lots. The project site is designated as Low Density Residential and Greenbelt in the Comprehensive Plan and zoned R4.5 and Greenbelt. Blackjack Creek is a Shoreline of Statewide Significance with an Environmental Designation of Natural. The subject property is located south and east of the intersection of South Flower Avenue and Fireweed Street. A Determination of Non-Significance with mitigation was issued February 8, 2006 with a 14-day comment period. Comments were received from State Fish and Wildlife, the Suquamish Tribe. Planning Director Long-Woods addressed some of the concerns of the public and discussed by the Planning Commission: • Road issues, such as paving on South Flower and access into the subdivision; • Tract F has a shared driveway, which is an existing paved 10 foot wide driveway and proposed to be shared by two lots; • The residents of Lot #1 are concerned about roads on three sides of their property. The applicant has submitted a redesign configuration of the entrance into Tract F; • Of the 11.9 acres, 7.40 acres are designated as greenbelt and cannot be developed. A concern according to SEPA mitigation is all storm ponds and bio swales must be located outside the buffer zones; • Lots 15-18 do not meet the minimum lot size standards as outlined in the prior ordinance, which allowed for a 50-foot circle behind all setbacks; • Public Works Director is recommending removing a significant tree that is in the way of accessing Lots 15 through 18; • Planning Commission is recommending the applicant widen South Flower Avenue, from Fireweed to the entrance of the development and add sidewalks on both sides of street; • Planning Commission did not feel the development met all the requirements of a PRD. Public Works Director Abed presented pictures illustrating more of the Planning Commission's concerns: Minutes of April 10, 2006 Page 6 of 13 • If South Flower Avenue were to be widened, the new sidewalks installed during the development of Leora Park I would need to be removed due to the grade of the sidewalks in respect to the current street level; • The width of South Flower Avenue is only 20 feet wide; • The sidewalks along South Flower Avenue meander and were adjusted to avoid removal of trees. Public Works Director Abed commented the City does have sufficient right-of-way to allow for the widening of South Flower Avenue. Public Works Director Abed further commented that according to the City's Development Code, higher traffic counts along South Flower Avenue South Flower would call for the transition in the street classification from a Feeder Road to an Access Road. Public Works Director Abed concurred with the Planning Commission's recommendation to widen South Flower Avenue to Fireweed as City Code dictates. At 8:24p.m. Mayor Abel opened the Public Hearing. Dousithee Chamberlain, resident, expressed a concern about the hours of construction. Mayor Abel advised Mr. Chamberlain he has the right to call 911 if a violation of City Code occurs. Mark Kuhlman, Team 4 Engineer, representing the applicant, discussed the set backs as they relate to the required 200 foot buffer along Blackjack Creek. Mr. Kuhlman illustrated on a map how Lot #11 is within the 200 feet buffer of Blackjack Creek. Mr. Kuhlman further advised this property belong to an existing resident that is grandfathered within the development. Mr. Kuhlman presented pictures of a site where they propose to place the bio swale, which encroaches 200 feet into the Blackjack Creek buffer. Mr. Kuhlman commented the proposed site is an old degraded pastureland; there is no native vegetation, no hemlocks or native ground cover, and it would be within a stream buffer. Mr. Kuhlman advised the applicant is proposing to place the Water Quality Mitigation Feature, the bio swale, in the degraded buffer. Mr. Kuhlman stated constructing the bio swale would require minimum excavation. Mr. Kuhlman commented the applicant does not have a problem with keeping the Storm Water Detention Pond outside the 200 feet buffer. The applicant's only request is to have the bio swale slightly intrude within the 200 feet buffer. For Council clarification, Mr. Kuhlman requested a modification to Planning Commission Resolution No. 04-06, Conditions of Approval, deleting the requirement that "there shall be no storm ponds, no stormwater treatment facilities, or any other excavations within the 200 ft. of natural buffer area." Mr. Kuhlman discussed the Tree Retention Plan and reported that all significant trees have been identified within the proposed project. According to the plan, the City Council must approve the removal of any historical or cultural significant trees. Mr. Kuhlman clarified they have only identified the significant trees within the developed areas of the project, not the protected or open space areas. In the developable areas 33 trees have been identified as significant. Mr. Kuhlman further acknowledged that eight significant "historical" trees have been identified and he asked that they be removed. Minutes of April 10, 2006 Page 7 of 13 Mr. Kuhlman noted the proposed development is 11.96 acres and 7.06 acres are designated as open space or approximately 60 percent of the acreage. The applicant feels since more than one-half of the project is designated as open space, this fulfills the park requirement for the 18- lot project. However Mr. Kuhlman advised if the Council disagrees with this proposal, then the applicant will offer an alternative proposal to provide a financial contribution of $300 per lot in lieu of a park playground. Mr. Kuhlman disagrees with Public Works Director Abed's traffic study. Mr. Kuhlman referred to the traffic study that was prepared for the Leora Park I and II project. This traffic study reveals there are no problems with safety, identifies only minor traffic delays, and that sidewalk improvements were made with Leora Park I. Increase in traffic is limited, therefore it does not warrant any further road improvements to South Flower Avenue. Mr. Kuhlman addressed three conditions relating to road improvements: • Tract B pond maintenance and shared access to Lot #10. Mr. Kuhlman read the following recommendation: "Tract B pond maintenance access will be shown on the final plat as a 25 feet wide tract from the cul-de-sac to the southern margin of Lot #10. It will be defined on the face of the plat as a private road to provide access to the Storm Water Management Tract B and Lots 9 and 10. Maintenance will be provided by Lots 9 and 10. Right of access will be granted to the Home Owners Association and the City for maintenance of storm water management facilities." • The layout of the private road for Lots 14-18 is not acceptable. Mr. Kuhlman advised that Public Works Director Abed expressed a concern the configuration of the centerline will create a safety hazard for the motorists. Mr. Kuhlman reported they were trying to save the big leaf maple in the City right-of-way, however Public Works Director Abed has indicated this tree must be removed and the applicant has agreed to remove the tree. • A Planning Commission Conditional of Approval referencing Lots No. 6 and 7 indicates they must have an access internally, not through an easement into South Flower Meadows. The applicant is proposing to allow lots 6, 7 and the existing log home direct access onto South Flower Avenue, with the road being developed in accordance with the City's private road standards. Mark Kuhlman referred to Planning Commission Resolution No. 04-06, Conditions of Approval, which states that some lots do not meet the standards of a PRD. Mr. Kuhlman demonstrated that they have complied with the required 50-foot circle requirement as outlined within a PRD and the prior zoning ordinance. Mr. Kuhlman advised most of the drainage on the project site is traveling away from Blackjack Creek, so Mr. Kuhlman requested a modification of Condition of Approval to allow the use of either a silt fence or orange construction fence as approved by the City Engineer. Mr. Kuhlman asked for a correction to Conditions of Approval, that the noise ordinance, as defined by the Port Orchard Municipal Code will dictate the hours of construction, not the environmental checklist. Council Member Diienno asked Mr. Kuhlman to provide a brief summary of the modification to Planning Commission Resolution No. 04-06. Minutes of April 10, 2006 Page 8 of 13 Mr. Kuhlman presented an overview of his comments and concerns: Findings of Fact: • The applicant has agreed to allow for private streets; • The Storm Ponds needs to be outside the 200 feet wetland buffer, however the applicant will mitigate for impact and feel the mitigation will allow for a better use of the project; • The applicant has provided several alternatives for park playground compensation; • The applicant has provided an addendum to the Habitat Management Plan; • The tree retention plan does not address the entire site, since 7.0 acres are considered open space. Planning Commission Conditions of Approval: • Applicant requesting bio swale with the 200 feet buffer; • Applicant requesting use of orange construction fencing along with silt fencing • Applicant requesting revision to correct the 50-foot setbacks • Applicant has agreed to reconfiguring the road issue Council Member Powers asked if the 7.6 acres of green belt could be used as a park. Mr. Kuhlman advised this is not suitable for any type of park, due to its steep terrain. Council Member Powers asked if the property would be dedicated to the homeowners or should it be dedicated to the City and questioned who would bear the liability. Assistant City Attorney Jacoby advised is appears this area is not an area the City would open up to the general public, due to potential liability issues. Council Member Geiger expressed a concern with homeowners taking on this liability. Assistant City Attorney Jacoby reminded the Council that this area is designated a greenbelt area, which will be protected through the zoning ordinance. At 9:20 p.m. Mayor Abel called for a 10-minute recess. The meeting was reconvened at 9:30 p.m. Dave Hollar, resident, asked for clarification of the City's street standards for South Flower Avenue. Public Works Director Abed reported the street is 20 feet wide and based on City standards, the street should be 28 feet wide. Mr. Hollar also expressed a concern with the increase in traffic and speed in the area and suggested a stop sign be installed. Christine Sanders, resident, expressed the following concerns: • The sidewalks on South Flower Avenue are placed too close to the tree trunks. Ms. Sanders suggested these trees be removed. • South Flower Avenue needs to be widened. • The path along the detention pond is not an actual road, as Mr. Kuhlman stated. • Lot No. 1 has many significant trees that should be removed. Kathie Lipka, resident, expressed the following concerns: • The school buses are stopping in the middle of the road, forcing the children and vehicles to go around the bus, illegally. • Ground water is dumping into Blackjack Creek. • The Environmental Checklist that was submitted by the applicant did not take into consideration the amount of water on some of the lots. • Mr. Kuhlman neglected to mention the many different varieties of animals that have habitats in this area, such as birds, deer, bear, mountain lions, etc. Minutes of April 10, 2006 Page 9 of 13 • Noise and damage to the property will ultimately hurt the environment. • Concern about increase in private roads and traffic on South Flower Avenue. Jerry Arnett, resident, reminded the Council they need to vote what is fair for all the citizens of Port Orchard and not vote in favor of the developer. Gil Michael, Planning Commission Chair, requested additional changes to the Planning Commission's Conditions of Approval and also submitted comments to Mark Kuhlman as follows: • New condition of Approval -"All intrusions into the Blackjack Creek buffer must be approved by the HMP and HPA. • The Tree Retention Plan and Replacement Plan should address the entire proposal. • Regarding Preliminary Plat Approval -new language inserted -"Private Road A should be straightened and the "significant" maple tree removed. Sidewalks, to code, shall be added on the south and east of Private Road A that services lots 15-18." • New language inserted: "All lot setbacks shall be to up to code and all lots shall be at least 6,000 square feet." • New language -"If the proposed access road (private driveway as proposed) is approved by the Council, then it shall access only Leora Park II Lots 6 and 7 and be built to City Private Road standards as proposed by the applicant." • Additional language -"Stormwater system shall be limited to servicing the number of lots within Leora Park II lots only." Mr. Michael reminded the Council they have the authority under the Zoning Ordinance to make changes to Conditions and urged the Council to make the necessary improvements to South Flower Avenue for the neighborhood. Council Member Clauson moved and Council Member Wyatt seconded a motion to continue the Council Meeting through the completion of the Public Hearing. Council Member Geiger amended the motion and Council Member Dilenno seconded the amendment to continue this Public Hearing through the Consent Agenda and Business Item 6B. Upon vote motion passed with four affirmative votes and two dissenting votes. Council Members Clauson and Wyatt cast the two dissenting votes. Upon vote, amended motion passed unanimously. Mr. Kuhlman concurred with David Hollar regarding the necessity of a stop sign. He advised the sidewalks were constructed for Leora Park Phase I and II. Mr. Kuhlman concurs that 60 feet of right of way could provide for the necessary road improvements. Mr. Kuhlman restated his belief that the path along the detention pond is an actual road. Mr. Kuhlman advised he met with the neighbors and the school district and the school bus is stopping where everyone agreed. Mr. Kuhlman further responded he only listed the vegetation and animals on the site that he noticed when he walked the project site. Mr. Kuhlman: Minutes of April 10, 2006 Page 10 of 13 • Agrees with adding the use of orange construction fencing as approved by the City Engineer; • The Tree Retention Plan was not a part of the 7.60 acres of open space as this is protected space; • Agrees that Private Road A should be straightened out; • Agrees that all lots should be 6,000, acknowledging that this project is a PRD; therefore it is acceptable to have a variety of lot sizes; • Agrees that Lot 10 and the stormwater pond shall have a shared access road, and the Homeowners Association and that the City shall have emergency access only; • Expressed a concern with the modification making the stormwater system limited to only Leora Park II. Mr. Kuhlman stressed the importance of having regional ponds, due to maintenance issues and cost effectiveness for the homeowners. Mr. Kuhlman further stated the Fish and Wildlife have asked that developers limit their outfall to Blackjack Creek; and • Agrees with modification that Lots 6 and 7 be developed to private road standards. Gil Michael clarified that it was not the Planning Commission's intention to have the applicant survey the greenbelt area for the Tree Retention Program. He commented he was encouraged to hear that the stormwater pond and Tract #F would only be used by Leora Park and not by other developments. Mr. Michael stated Mr. Kuhlman indicated that Tract #42 could potentially be platted for additional houses, however Mr. Kuhlman never indicated to the Planning Commission that Tract F could or would be used for access purposes. At 10:10 p.m. Mayor Abel closed the Public Hearing to further public testimony. Council Member Clauson moved and Council Member Wyatt seconded a motion to approve the application for the Preliminary Plat of Leora Park II with the conditions of approval as adopted by Planning Commission No. 04-06 and with proposed changes identified by the City Council and direct staff to submit a Resolution at the next regularly scheduled meeting. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorized a change to Planning Commission Conditions of Approval as follows: "There shall be no storm ponds, no stormwater treatment facilities, or any other excavation within the 200 foot natural buffer area except for the bio swale with appropriate mitigation and with an approved habitat plan." Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Powers seconded a motion to authorize a change to Planning Commission Conditions of Approval as follows: " ... silt fencing or orange construction fencing as approved by the City Engineer." Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize a change to Planning Commission Conditions of Approval as follows: "Private Road A shall be straightened and the "significant" maple tree removed. Minutes of April 10, 2006 Page 11 of 13 Sidewalks, developed to Code standards, shall be added on the south and east of Private Road A that service lots 15-18." Upon vote, motion passed unanimously. Council Member Dilenno moved and Council Member Clauson seconded a motion to authorize a change to Planning Commission Conditions of Approval as follows: "+he lot configuration needs to be reYised to meet minimum lot ·.-.·idth standards of 50 feet behind all setbaclcs, Every lot shall have a minimum frontage of 25 feet on a public or privately dedicated right-of-way. Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize a change to Planning Commission Conditions of Approval as follows: "The Tract B pond maintenance access is shown as shared access for Lot 10 and the Homeowners Association. The City shall have emergency access only." Council Member Dilenno moved Council Member Geiger seconded an amendment to the motion to include Lot No. 9. Upon vote, motion passed unanimously. Upon vote, original motion as amended, passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize a new Condition of Approval to read as follows: "All intrusions into the Blackjack Creek buffer must be approved by the Habitat Management Plan and the Hydraulic Project Approval." Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to delete Planning Commission Conditions of Approval as follows: The layout of the pri¥ate road for Lots 14 18 is not acceptable. The proposed configuration will create a safeq· hazard for the motorists. Upon vote, motion passed unanimously. Council Member Chang moved and Council Member Dilenno seconded a motion to require the developer to pay the City $500.00 per 18 lots for the upgrade to playground equipment in a park, to be determined by the City. Council Member Wyatt moved and Council Member Clauson seconded an amendment to the motion to change the amount of contribution by the developer to $300.00 per 18 lots. Upon vote, motion tied with Council Members Clauson, Wyatt and Powers casting the affirmative vote and Council Members Chang, Powers and Diienno casting the dissenting vote. Mayor Abel broke the tie vote by casting an affirmative vote. Motion passed. Council Member Powers moved and Council Member Clauson seconded an amendment to the motion to designate the contributions for either playground equipment upgrade in a park or the purchase of a new park. Upon vote motion passed unanimously. Upon vote, the amended motion passed unanimously. Minutes of April 10, 2006 Page 12 of 13 Council Member Powers moved and Council Member Dilenno seconded a motion to delete the condition regarding the hours of construction. Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize a change to the Planning Commission Conditions of Approval as follows: "The ownership of the private road serving as access to Lots 6 and 7 shall be determined before the final plat is approved. The private road will be built to City standards. Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to add a new Condition of Approval as follows: "The applicant shall improve South Flower Avenue from the south edge of Leora Park I to Fireweed to Access road standards found in the City's Developers Handbook." Upon vote, motion passed unanimously. Council Member Wyatt moved and Council Member Clauson seconded a motion to authorize the developer to remove the "significant" trees that were identified within the tree retention and replacement plan at a 3-1 ratio. Upon vote, motion passed unanimously. Council Member Dilenno moved and Council Member Wyatt seconded a motion to modify the Planning Commission's Findings by deleting the following: Lots, 6, 7, and 10 do not meet this FequiFement. Upon vote, motion passed unanimously. Upon vote, original motion as amended passed unanimously. CONSENT AGENDA Council Member Clauson moved and Council Member Wyatt seconded a motion to approve the Consent Agenda. Upon vote, motion passed unanimously. A. Approval of Claim Warrants #45282-45396 in the amount of $449,245.67 and March 2006 Payroll Warrants #139695-139753 and Direct Deposits in the amount of $339,028.77 B. Minutes of the March 27, 2006 City Council Meeting C. Minutes of the March 30, 2006 Joint City Council/Planning Commission Meeting D. Approval of Applications for Public Event E. Passage of Ordinance No. 008-06 Approving Site Specific Rezone for the Jeremiah Project (R-1155) F. Adoption of Resolution No. 017-06 Surplus of Police Tasers Council Member Absence Council Member Wyatt moved and Council Member Clauson seconded a motion to excuse Council Member Moore from this Council meeting. Upon vote, motion passed unanimously. Minutes of April 10, 2006 Page 13 of 13 Authorization for Mayor to Sign Change Order No. 1 with Holt Drilling for Well No. 10 Council Member Clauson moved and Council Member Geiger seconded a motion to authorize the Mayor to Sign Change Order No. 1 with Holt Drilling to extend the drilling for Well No. 10 for a total amount not to exceed $151,520 over the original contract amount. Upon vote, motion passed with four affirmative votes and two dissenting votes. Council Members Diienno and Chang cast the two dissenting votes. ADJOURNMENT At 11:15 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor