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HomeMy WebLinkAbout12102001CITY COUNCIL OF THE CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF DECEMBER 10, 2001 The City Council of the City of Port Townsend met in special session this tenth day of December, 2001, at 6:30 in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Joe Finnie, Allen Frank, Vem Garrison, Syd Lipton, Geoff Masci, Catharine Robinson and Alan Youse. Staff members present were City Manager David Timmons, City Attorney John Watts, Building & Community Development Director Jeff Randall, Finance Director Michael Legarsky and City Clerk Pam Kolacy. Ms. Robinson raised a point of privilege. She was recognized and said she wished to correct a statement she made at the last meeting regarding the termination clause in the Port Executive Director's contract. Mr. Crocket notified her that the termination clause in his contract is four week, not six months. PUBLIC HEARING (OPEN RECORD LEGISLATIVE) ORDINANCE 2791 AN ORDINANCE APPROPRIATING THE SUM OF $60,081 TO THE GENERAL FUND; $3,500 TO THE DRUG ENFORCEMENT AND EDUCATION FUND; $3,500 TO THE CONTINGENCY FUND; $1,264 TO THE STREET FUND; $27,500 TO THE LODGING TAX FUND; $917,864 TO THE SOLID WASTE FUND, $15,000 TO THE MEMORIAL FUND; AND MAKING FINDINGS AND DECLARING AN EMERGENCY Mayor Masci noted that there were two public hearings scheduled and that he would review the rules of procedure for public hearings once, understanding they will apply to both hearings. After the reading, he asked if any council members had any financial or property interests to disclose regarding either of the public hearing items. Them were none. Mr. Timmons did the staff introduction. He noted that the most significant dollar amount in the final supplemental budget is related to the close out of the solid waste fund. He added that the Finance Committee has reviewed the ordinance and has recommended adoption. Public comment None Mr. Timmons clarified a few line items in response to questions from council members. City Council Special Meeting Page 1 December 10, 2001 Motion: Mr. Finnie moved to suspend council rules and make the first reading of Ordinance 2 791 the second and the third by title only. Mr. Frank seconded. Mr. Finnie noted that part of the supplemental budget is additional Lodging Tax Advisory Committee funding to Fort Worden and he would like to approve the budget tonight so those funds can be made available as soon as possible. Vote: motion carried unanimously, 7-0, by voice vote. Motion: Mr. Finnie moved for adoption of ordinance 2791. Mr. Lipton seconded. The motion carried unanimously, 7-0, by roll call vote. ORDINANCE 2792 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF TITLE 17 OF THE PORT TOWNEND MUNICIPAL CODE, ZONING, TO ALLOW COTTAGE HOUSING DEVELOPMENTS BCD Director Jeff Randall introduced the ordinance, noting that the Planning Commission held an open record public hearing on November 29 and then recommended unanimously that the ordinance be adopted by the City Council. The public hearing followed two public workshops held earlier in the year. The matter was originally supported by the Community Development Committee. The ordinance would establish Cottage Housing Developments as a permitted type of residential development in the R-I, R-II and R-III zoning districts subject to design and binding site plan review. Mr. Randall added that it may be difficult to achieve 14 cottages per 40,000 feet and it is more likely that the range will be 10-12 cottages. The ordinance is designed to fill the gap between Planned Unit Developments and subdivisions; it is a mechanism to enable cluster cottage projects without going through the Planned Unit Development process. Mr. Randall noted that written materials were received that day from Roger Risley who did not support the ordinance. Public Comment Frank Benskin: urged adoption, stated that the ordinance will fill an existing gap and that housing can be affordable with proper planning and design. Margaret Lee: submitted written comments, and asked that if the ordinance is adopted, the City mandate that the developer of each development must make a portion of the traits affordable to low-income or moderate income residents. She also suggested that the Council delay adoption until the conclusion of forums and community meetings which are planned to address the community's affordable housing needs. City Council Special Meeting Page 2 December 10, 2001 Richard Berg: noted he has made comments to the Planning Commission. He suggested that design standards be in place to insure the sides of the cottages adjacent to public streets have windows and are somehow friendly to the adjoining neighbors. He added that he does not think the Ordinance does much to address affordable housing; however said he favors passage because it will create housing diversity. Laurie Stewart: concerned that the design restrictions are too limiting; he would like to see an ordinance that is not as restrictive in the definition of what a cottage is; suggested that a square foot limit be set and then let the designer, builder and market decide what is best for any given site. He did however encourage passage of the ordinance. Response by staff Mr. Randall addressed some of the concerns, stating that the ordinance is pretty neutral on most design issues and nothing would prevent the contractor and designer from using low cost and simple materials which would reduce the unit cost. He added that his preference is to presume and allow that the designer will make the street facing facades attractive. Mr. Frank asked Ms. Lee if she could pass along the real estate statistical information referred to in her letter. She said she would try to get the information to the council, subject to permission from the realtor. Ms. Robinson noted there is currently a development in town that has blank facades facing the street so designers may not always take the issue into consideration if it is not a condition of development. Mr. Randall introduced architect Ross Chapin of Langley who presented a talk and slide show about cottage housing developments he has designed. Public comment Freida Fenn: stated that she attended an affordable housing conference where there were a number of cottage projects, some that allowed two story buildings. The difference between the one and two-story projects in regarding to shading adjacent dwellings and yards was significant. Michelle Sandoval: stated that real estate information such as that from Ms. Lee was easy to gather. Mr. Garrison commented that the ordinance is not meant to be an "affordable housing" ordinance, but an ordinance to allow for increased density and more options for housing within the city. He stated that although there are many alternatives, this is a good first step. City Council Special Meeting Page 3 December 10, 2001 Motion: Mr. Frank moved to suspend council rules in regard to Ordinance 2 792 and make the first reading the second and the third by title only. The motion carried 5-2, by voice vote, with Mr. Lipton and Ms. Robinson opposed Motion: Mr. Garrison moved for adoption of Ordinance 2792. Mr. Frank seconded. Motion: Mr. Garrison moved to amend the ordinance by changing Section 17. 60. 050(D)(2)(a)(b) to add the word "usable" before "floor area" in each sentence so that references would be to "usable floor area" rather than ''floor area." Mr. Frank seconded The motion carried unanimously, 7-0, by voice vote. Motion: Mr. Frank moved to amend the ordinance by adding a new section after 'T' which would read "Street facing facades. The street facing facades of cottages shall be designed to avoid blank walls through the use of building modulation, changes in materials, windows, and/or other design features." Subsequent sections would be renumbered sequentially. Ms. Robinson seconded The motion carried 6-1, with Mr. Garrison opposed. Motion: Mr. Finnie moved to amend the ordinance by changing Section 17. 60. 050(A)(1) and (2) to provide that the maximum permitted density shall be one dwelling unit per 3333 SF oflot area (rather than 2,857) 12 dwelling units (rather than 14)/40,000 square feet and that the minimum lot area for a Cottage Housing Development shall be 13, 332 square feet rather than 11,428 square feet. Ms. Robinson seconded The motion failed, 4-3, with Mr. Finnie, Mr. Lipton and Ms. Robinson voting in favor. Motion: Mr. Youse moved to amend 17.60.050(C)(1) and (2) so that in (1), "height limit" would be changed to "maximum building height" and in (2) "ridge of pitched roofs" would be changed to "highest point of roofs." Ms. Robinson seconded The motion carried 6-1, by voice vote, with Mr. Lipton opposed Mr. Randall made some clarifications in response to council questions: 1. Cottage developments would still be subject to lot coverage restrictions which are 25% in the R-I zone so the density would not change significantly overall in that zone. 2. Amount of impervious surface involved in this type of project is sufficiento require an engineered stormwater plan, which would mitigate potential stormwater problems in R-I zones. 3. The genesis of the ordinance was to implement affordable housing; cottage developments are not necessarily affordable but that aspect can be promoted by incentives such as cluster subdivisions with 10% required affordable housing; the city already has the incentive of deferred System Development Charges. Mr. Watts added that some legal issues are raised when mandating affordable housing. Vote on the main motion as amended: Ordinance 2792 was adopted, 6-1, by roll call vote, with Mr. Lipton opposed City Council Special Meeting Page 4 December 10, 2001 RECESS At 8:45, Mayor Masci declared a recess and suggested that when the meeting is reconvened, the first item under Unfinished Business be dealt with and the rest of the agenda items be continued until the December 17 meeting. Mr. Youse spoke against continuation but all other council members agreed. RECONVENE The meeting reconvened at 9:00 p.m. UNFINISHED BUSINESS ORDINANCE 2786 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING A CODE OF ETHICS AS IT PERTAINS TO PERSONAL GAIN OR PROFIT, CONFLICT OF INTEREST, ACCEPTANCE OF GIFTS, CAMPAIGN ACTIVITIES AND CONFIIDENTIAL INFORMATION FOR CITY OFFICIALS AND EMPLOYEES, CREATING A NEW CHAPTER 2.80 OF THE PORT TOWNSEND MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE Mr. Watts introduced the ordinance, noting that the council considered the matter on December 3 and at that time requested five other items be drafted for the Council's consideration. There was council consensus to discuss each of the proposed additions separately before voting on the final ordinance. Motion: Mr. Frank moved to amend Ordinance 2786 to include addition of a mandatory disclosure of personal interests in all city transactions as presented with addition of language at the end of the third paragraph, "including even indirect benefit that is not deemed a beneficial interest under the law." Mr. Garrison seconded Public comment Frieda Fenn spoke in support of the amendment. Vote: the motion carried unanimously, 7-0, by voice vote. Motion: Mr. Frank moved to amend Ordinance 2286 to add financial reporting requirement for council members (beyond the requirement of state Public Disclosure Commission reporting), but to limit the reporting requirement initially to only city council members; also in 4(k) add "trust" after "enterprise" and in the same section, to change "ten percent" to "two percent." Mr. Garrison seconded Mr. Timmons commented that the addition of the reporting requirements would be onerous to staff to comply with such extensive tracking requirements. City Council Special Meeting Page 5 December 10, 2001 Public comment Richard Berg: spoke against the amendment, noting that it would take extra staff and budget to track and that it would be discouraging to citizens who might otherwise consider serving on an advisory board. Freida Fenn: stated that this could drive talented people out of advisory boards. Mr. Frank stated that he had not intended the amendment to go this far, but it is difficult to know where to draw the line. He stated it is difficult to get information from the PDC and the information is not specific; council members must be forthcoming about disclosure that they will be enriched by council actions. Mr. Masci and Mr. Finnie spoke against the amendment, Mr. Masci stating it would set a barrier to public service. Vote: the motion was defeated 2-5, by voice vote, with Mr. Frank and Mr. Garrison in favor. Motion: Mr. Frank moved to amend Ordinance 2786 to make a council member violation of RCW 35A. 13.120 on interfering with manager employee administration an ethics violation. Mr. Garrison seconded Public comment Freida Fenn: stated the amendment should also include violations of the Open Public Meetings Act; she stated she would like the council to reflect and know what other communities are doing. She stated there should be recourse for citizens to allege violations of the Open Meetings Act. Ms. Robinson pointed out that the recourse of the state statute itself is stronger than that provided for in the proposed amendment. A violation would be more a statutory than an ethical violation; the ethics code may be the wrong context. Vote: the motion to amend carried, 5-2, by voice vote, with Ms. Robinson and Mr. Lipton opposed Mr. Garrison left the meeting at 9:55 p.m. Motion: Mr. Frank moved to amend Ordinance 2786 to include a requirement relating to disclosure of council member and senior staff projects requiring city permits and establish a policy for outside review of the projects, and with the addition of the word "trust" in the fourth line of(B) to be inserted between "corporation" and "firm." Mr. Youse seconded. The motion carried unanimously, 6-0, by voice vote. City Council Special Meeting Page 6 December 10, 2001 Motion: Mr. Frank moved for second reading and adoption of Ordinance 2786 as amended, with an effective date of March 1, 2002. Mr. Lipton seconded. The motion carried unanimously, 6-0, by roll call vote (Mr. Garrison not presenO. ADJOURN The meeting was adjourned at 10:05, with the rest of the agenda postponed until December 17. Attest: Pamela Kolacy, CMC City Clerk City Council Special Meeting Page 7 December 10, 2001