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HomeMy WebLinkAbout12152003CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF DECEMBER 15, 2003 The City Council of the City of Port Townsend met in regular session this fifteenth day of December, 2003, at 6:00 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:00 p.m. by Mayor Kees Kolff. Council members present at roll call were Frieda Fenn, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, and Michelle Sandoval. (Mr. Youse arrived later in the meeting.) Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, BCD Director Jeff Randall, Senior Planner Judy Surber, BCD Planner Jean Walat, Public Works Director Ken Clow, and City Clerk Pam Kolacy. EXECUTIVE SESSION Mayor Kolff announced that the Council would retire to executive session to discuss a personnel matter. The session was expected to last 30 minutes, with no action anticipated this evening. RECONVENE The meeting was reconvened at 6:30 p.m. CHANGESTOTHEAGENDA There were no proposed changes to the agenda. PRESIDING OFFICER'S REPORT Mayor Kolff read a proclamation in memory of Police Volunteer Georgiana Dunlap. He announced that a Council retreat would be held on Saturday, January 17. Mayor Kolff read a proclamation honoring Mr. Finnie for his years of service to the Council. CITY MANAGER'S REPORT City Council Business Meeting Page 1 December 15, 2003 Mr. Timmons distributed a memo and correspondence from attomey Gregory Thulin in regard to the Jefferson LifeLink/Greg Walsh agreement with Jefferson General Hospital and the potential provision of transport services by the city to JGH. RESOLUTION 03-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 2032, REPRESENTING THE CITY'S FIRE DEPARTMENT, FOR FIRE DEPARTMENT EMPLOYEES EFFECTIVE JANUARY 1, 2004 THROUGH DECEMBER 31, 2006 Mr. Timmons noted that the provisions of the proposed agreement are essentially the same as presented to council earlier in executive session. The bargaining unit has also accepted the terms. Public comment: Greg Walsh distributed copies of the document regarding LifeLink services that Mr. Timmons distributed earlier. Motion: Mr. Masci moved for approval of Resolution 03-036. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. 22ur~ STREET POCKET PARK RESOLUTION 03-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, FIXING THE TIME FOR HEARING ON A PETITION TO VACATE A PORTION OF 22~r> AND WILSON STREETS City Attomey John Watts reviewed the history of the park proposal, noting that Council nd authorized establishment of a park in the vicinity of 22 and Wilson using as much of the right of way as possible. On December 8, Council authorized the City Manager to execute a conceptual agreement document, providing generally that if certain rights of way were vacated and with the agreement of the property owner, a property exchange could occur. Council can only act on a street vacation after a public hearing. He stated that setting a hearing date does not imply approval of a street vacation or approval of the property exchange documents, but will enable a timely decision as the documents are based on a street vacation to occur prior to January 31, 2004. Public comment: none City Council Business Meeting Page 2 December 15, 2003 Motion: Ms. Robinson moved for adoption of Resolution 03-03 7. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. COMMENTS FROM THE PUBLIC (Consent or Non-agenda items) Bernie Arthur commented that removing the storm-damaged old railway trestle will be costly and Council should be aware of the upcoming expense. Annette Huenke supported funding for swimming pool repairs. PUBLIC HEARING ORDINANCE 2842 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING CERTAIN SITE SPECIFIC COMPREHENSIVE PLAN AMENDMENTS; REDESIGNATING/REZONING A PORTION OF BLOCK 24 OF THE RAILROAD ADDITION; ADOPTION OF AN AMENDMENT TO THE LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO TABLE IV-2 WITHIN CHAPTER IV, LAND USE ELEMENT AND AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITH1N THE PLAN; ADOPTING AMENDMENTS TO THE PORT TOWNSEND URBAN WATERFRONT AND SHORELINE MASTER PROGRAM TO ADJUST THE SUBDISTRICT AND THE CIVIC DISTRICT TO PLACE A PORTION OF BLOCK 52 INTO THE CIVIC DISTRICT; DIRECTING THE BUILDING & COMMUNTY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE PLANS, THE LAND USE MAP & OFFICIAL ZONING MAP INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 26.70A RCW) Mayor Kolff opened the public hearing. He asked if anyone were present to testify during public comment and determined that there was no one wishing to comment on the recommendation or ordinance. He asked whether any Council members, including the Mayor, have an interest in this property or issue, or stand to gain or lose any financial benefit as a result of the outcome of the hearing, or have any disclosures to make. There were none. He then asked if anyone in the audience objected to the participation of any Council member in the proceedings. There were none. Senior Planner Judy Surber presented the staff report. She stated that the issue was remanded to Planning Commission after the first introduction to the Council due to a procedural error. The Planning Commission has again recommended approval of the amendment, but with a caveat as follows: "Adjust the subdistrict boundaries contained City Council Business Meeting Page 3 December 15, 2003 in the Port Townsend Urban Waterfront Plan thereby removing Lots 5,6,7, and 8 in Block 52 of the Port Townsend Original Townsite (the city's parking lot and temporary skateboard park site) from the Point Hudson Marina district and placing them within the Civic district with the provision that if it ceases to be a skateboard park, it reverts to the previous district. Lot 4 is to remain in the point Hudson Marina district. Motion: Ms. Sandoval moved to adopt the November 6, 2003 recommendation of the Planning Commission and the associated Findings and Conclusions and to adopt Ordinance 2842. Ms. Fenn seconded Ms. Sandoval asked for an explanation of the change to the findings of the Planning Commission, asking what the benefit is thought to be of tying the district to the existence of the skateboard park. Ms. Surber said that is currently unknown, but the Shoreline Master Plan revision may show that the City needs more marine land; she added that the Planning Commission also believed the change was clearly requested due directly to the planned use for the skateboard park. Vote: the motion carried unanimously, 6-0, by roll call vote. ORDINANCE 2847 AN ORDINANCE APPROPRIATING THE SUM OF $67,399 TO THE GENERAL FUND; $3,277 TO THE FIREMEN'S PENSION FUND; AND MAKING FINDINGS AND DECLARING AN EMERGENCY Mayor Kolff opened the public hearing on Ordinance 2847. He asked if anyone in the audience wished to participate in the public comment portion of the hearing. There was no one who wished to comment. He then asked if any Council members have any interests, financial or property, to disclose in connection with the matter. There were none. Finance Director Michael Legarsky presented the staff report. He noted that the first reading of the ordinance was approved on December 1. The supplemental budget covers expenditures associated with the Aldrich's fire and with library expenses. $5,000 supplied by state law would go to the person suffering the damage rather than to the City. Motion: Ms. Robinson moved for adoption of Ordinance 2847. Mr. Masci seconded The motion carried unanimously, 6-0, by roll call vote. CONSENT AGENDA Mr. Masci questioned the allocation to County Health and Human Services, asking why the Health Department was not funded. Mr. Timmons stated that amount is still under negotiation and will be dealt with in a supplemental budget. He added that the County has requested $100,000, rather than the $24,000 contribution the City has made for the last several years. It was agreed the item would be flagged for discussion in the future. City Council Business Meeting Page 4 December 15, 2003 Motion: Mr. Masci moved for approval of the following items on the Consent Agenda. Mr. Finnie seconded. The motion carried unanimously, 6-0, by voice vote. Approval of the following Bills, Claims and Warrants Vouchers 88201 through 88348 in the amount of $354,139.99 Approval of Minutes: December 8, 2003 Special Session Approval of the following Resolutions: Resolution 03-032 Authorizing the City Manager to execute agreements with certain governmental, nonprofits and other entities consistent with fiscal year 2004 approved budget. Resolution 03-033 Authorizing the City Manager to execute an agreement with Jefferson County for certain governmental support services for budget year 2004. Resolution 03-034 Authorizing the City Manager to execute an agreement with Jefferson County for certain law and justice services for budget year 2004. Resolution 03-035 Authorizing the City Manager to execute an agreement with Jefferson County for certain health and human services for budget year 2004. UNFINISHED BUSINESS FORT WORDEN PARKING FEES Mayor Kolff stated that LTAC reserve for underwriting potential costs has been removed from the agreement. State Parks has agreed that since we are no longer trying to purchase a full year, the guarantee for a full year's payment is not necessary. He stated that the terms of the agreement set forth certain revenue goals and if the goals are not reached, the coalition has fifteen days to make up for the deficit payment. If that is not accomplished, parking fees can be immediately imposed by the State. Mr. Finnie stated that the LTAC at its meeting today did commit to a reserve of $5,000 to make up any shortfall in "soft" fees. Public comment: City Council Business Meeting Page 5 December 15, 2003 None [Gentleman did not sign in, name was not intelligible] stated that parking at Fort Worden is a state problem, not a city problem and that everyone can still use the park freely by walking in or taking public transportation. Mr. Masci suggested that paragraph 10 contain the first sentence only. There was no objection. Ms. Sandoval spoke in favor of the agreement, stating concern for repercussions that would come from people parking outside the Fort and in the adjacent neighborhoods. Mr. Masci spoke against the agreement, stating the funds could be better spent on community assistance for the needy. Motion: Ms. Fenn moved to authorize the City manager to execute a contract with Washington State Parks in substantially the form received by the council at tonight's meeting. Ms. Sandoval seconded The motion carried, 5-1, by voice vote, with Masci opposed Mr. Youse arrived at 7:20 p.m. ORDINANCE 2844 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,390,000 TO FINANCE A SWIMMING POOL, FIRE STATION, WAVE VIEWING GALLERY, SKATE PARK, THE PINK HOUSE LEASE SETTLEMENT AND A PORTION OF THE CITY HALL IMPROVEMENTS AND PROVIDING THE FORM AND TERMS OF THE BONDS Mr. Timmons noted the bond ordinance was approved on December 8; this action is to confirm the ordinance previously approved with the interest rates presented by the bond underwriter. Jim Nelson of Martin Nelson & Company, distributed copies of the contract for purchase and noted that the interest rate to which the council is committing is 1.75%. He added the bond has received the highest rating possible (AAA) and the city was successful in receiving an underlying stand-alone rating of A. Public comments Mac Wheeler stated his property taxes have doubled and city spending is out of control. Tamara Conway expressed thanks for including pool improvements. City Council Business Meeting Page 6 December 15, 2003 Mel Dyer spoke in support of funding for pool improvements. Terri McQuillen spoke in opposition to the ordinance. Motion: Ms. Sandoval moved to confirm the adoption of Ordinance 2844 with terms as presented this evening by the bond underwriter. Ms. Fenn seconded Ms. Sandoval supported the need to keep reserves intact and use low interest rates to benefit the City for the long term. Ms. Fenn spoke in favor noting the Council does not spend the citizen's money lightly, but there is a strong need to protect the City's investments and the current interest rates are very low. Mr. Finnie stated he voted against the first reading due to his frustration about the failure to relocate the skateboard park. He added that he would vote in favor, as we have delayed capital investment on city structures and this has resulted in a significant increase in the cost of delayed maintenance. He added the action should be viewed in terms of the longer consequences, not from the perspective of a single year. Vote: motion carried 4-3, with Masci, Robinson and Youse opposed ORDINANCE 2845 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF GRANT ANTICIPATION NOTES OF THE CITY IN THE PRINCIPAL AMOUNT OF $1,625,000 FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE CITY'S FIRE STATION AND PROVIDING THE TERMS OF THE NOTES Mr. Timmons stated the ordinance was approved on December 8; action tonight is to confirm the ordinance previously approved with the interest rates obtained by the bond underwriter. Public comment: none Motion: Mr. Masci moved to confirm the adoption of Ordinance 2845 with terms as presented this evening by the bond underwriter. Ms. Robinson seconded The motion carried unanimously, 7-0, by roll call vote. ORDINANCE 2846 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE BY REPEALING CHAPTER 13.05 UTILITY City Council Business Meeting Page 7 December 15, 2003 RATES AND CHARGES, SECTION 13.05.040 MONTHLY SEWER RATES, TO RESC1ND THE 2004 DECREASE 1N WATER AND SEWER RATES. Mr. Timmons stated that the new utility rate study is pending. Based on a prior study, utility rates were scheduled to decrease in 2004. The ordinance would rescind this decrease pending council review of the current rate study. A work session to discuss the study is scheduled for Januarw. Public comment: none Ms. Fenn spoke in support of adoption, noting that the Finance/Budget Committee has seen a preliminary presentation by the consultant. Maintaining utility rates as they are will give the Council a chance to review the study. Motion: Ms. Fenn moved to adopt Ordinance 2846. Ms. Sandoval seconded. Mr. Masci spoke in opposition to the ordinance, citing the rising costs to people on fixed incomes. Mr. Finnie stated that the Finance/Budget Committee's preview of the rate study showed no wiggle room in the rates. Ms. Robinson spoke in favor of the ordinance, based on information presented to the Finance/Budget Committee. Ms. Fenn noted that the new study takes into consideration huge mandated expenses, such as the Morgan Hill pump station, that were unanticipated at the time rates were set previously. Mr. Youse stated he believes anyone can manipulate numbers but he sees a problem with the City not being able to maintain commitment to the rates originally set. He believes there are many places the City could squeeze out more money. Vote: the motion carried, 5-2, roll call vote, Masci and Youse opposed. Mayor Kolffread a proclamation honoring Mr. Youse for his years of service on the City Council. RECESS At 8:00 p.m., Mayor Kolff declared a recess for the purpose of a break. RECONVENE The meeting was reconvened at 8:10 p.m. with Deputy Mayor Fenn presiding. City Council Business Meeting Page 8 December 15, 2003 ORDINANCE AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 17.1, RESIDENTIAL ZONING DISTRICTS, ADOPTING INTERIM REGULATIONS PROHIBITING COTTAGE HOUSING DEVELOMENT IN R-1 ZONING, AND PROVIDING FOR SEPARATION OF COTTAGE DEVELOPMENT IN OTHER ZONES, AND CLARIFYING PERMITTED NUMBER OF SINGLE-FAMILY STRUCTURES ON INDIVIDUAL LOTS Jean Walat, Planner, presented the ordinance. She noted that first reading took place on December 8; she presented the ordinance with four alternatives for Council action, including 1) outright prohibition on an interim basis; 2) allowance of cottage development in R-I zone through a conditional permit process on an interim bases; 3) take no action but refer to Planning Commission for study and recommendation; 4) take no action at all. Mr. Masci asked if staff had a recommendation for the preferred altemative. Ms. Walat stated there was not a staff preferred recommendation. She added the issue was brought forward due to the number of citizen comments and concerns brought on by the first cottage housing project. She estimated 20-30 people had expressed concerns. Mr. Masci asked why there was language regarding manufactured homes included in the proposed text change. Ms. Walat stated there were other issues in the same section of the code so staff thought they could be addressed concurrently. Mr. Masci expressed concern about the requirement of 500 feet between cottage housing developments in all permitted zones; he stated it seems a dangerous precedent which would prohibit some developments based on the time of application. Mr. Watts stated that such regulations are legal as long as they don't take away all uses of property; to have a regulation that requires separation and dispersal is a common zoning technique. Mr. Youse expressed concerns about the 500-foot separation element; he asked for staff's view of that concern. Ms. Walat stated that the regulation was crafted in response to fears of residents that one cottage development would trigger more and that the underlying zoning would be overwhelmed by the development. She added that she did not know whether that was likely to happen. Mr. Watts also noted this would not be considered a "change" in zoning - simply the removal of one permitted use if something else happens in the neighborhood. He stated it is an approved zoning technique not to allow concentration of certain uses in an area. City Council Business Meeting Page 9 December 15, 2003 Mr. Youse asked why a conditional use permit would be required if legal requirements are met. Ms. Walat stated the major difference is that the conditional use process has greater requirements regarding public notice and process; also some of the criteria may be open to interpretation, example how the project "fits in" to the neighborhood. Ms. Sandoval asked if an option could be modified to read "prohibit cottage housing in R-I on an interim basis and remand to Planning Commission in regard to this and other density issues." Ms. Sandoval raised questions about the difference in terminology between "lot," "block", and "parcel." Mr. Watts stated that use of "lot" generally works because it is defined in the code. , Public comment: Frank Benskin: stated that when the Planning Commission developed the ordinance, it was in response to concerns about various housing types and innovations (reference Comp Plan Housing Policy 4.2). He supported remanding the issue to the Planning Commission and stated that passage would be premature and set a bad precedent for the community. Richard Berg spoke in support of the existing cottage ordinance. He said it was passed in order to make possible smaller units for the changing demographics of the town - units in demand for couples and single people. He stated that when a developer is looking at development of four 10,000 sf lots, they prefer to build a large house because it will be more profitable. The ability to cluster small units allows developers to build more affordable housing and to provide more aggregate open space. At the time of passage he said it was thought that underlying lot sizes in each zone would apply so that higher lot coverage would be allowed in R-III than R-II. He referred to his comments submitted last week which explained that the density under cottage development is not significantly different than what's allowed anyway. He added that he does not understand why we are suddenly treating cottage developments as though they were undesirable. He said the current regulation was arrived at through extensive public process and does not recommend throwing out the efforts of all those who participated in response to the complaints of a group of people affected by a specific project in a specific place. He stated that enacting a moratorium would send a message that our development rules are capricious. Michael Dawson stated that cottage housing does not belong in parts of the City that currently have rural character. He stated his preference for option A in terms of trying to simply protect what the zoning is supposed to do. He submitted written comments. City Council Business Meeting Page 10 December 15, 2003 Vern Garrison stated that the cottage ordinance was meant to provide a bonus to developers if they submitted themselves to design standards and limited themselves to structures substantially smaller in size and dimension. He added that the drive for R-I being "rural" density was stormwater conditions. He said that the provisions of the current regulation hold developers of cottage housing to high quality standards. He added that it is ridiculous to have a moratorium because residents want to live in "rural" areas within the city limits. He said the cottage housing ordinance was meant to provide a bonus to developers if they submitted themselves to design standards, and limited the size of their units. Dave Robison stated that when the Comprehensive Plan was adopted in 1996 it was planned that half of the proposed land and acreage was put into R-III and R-IV zones for affordable housing; the intent was to allow duplexes, triplexes etc. on a one acre parcel or a block. He said at that time cottage housing was a new idea for the new urbanism and this was the city's attempt to start encouragement of cottage housing development prior to that movement. He added that when the Comp Plan was adopted, there was a missing element in the zoning code - there should have been another provision providing a process to require vacation of the plat and a binding site plan when putting in duplexes, triplexes or fourplexes. A1 Cairns stated he thought proposals should be reviewed on a case-by-case basis and believes there should be a strict prohibition against this density. Ms. Sandoval read written comments into the record from Susan Miller, Trudy Adams, and Dorothy Hensey. Mr. Kolff disclosed that he owns property in the R-II zone and has been considering developing a PUD or cottage cluster on part of that property. He asked if this would require his recusal form the discussion. Mr. Watts stated that recusal is not required because the matter before council is legislative and the conflict of interest rules in this case are limited to conflict of interest with direct financial gain involved. Motion: Ms. Sandoval moved to adopt "Issue H" regarding changes to the use table concerning the number of permitted dwelling units per lot for single-family development. Mr. Kolff seconded. Mr. Masci requested that Mr. Robison submit his comments in writing to help add to the legislative history. He also stated that "Issue II" seems to be in reaction to Laurel Heights and unrelated to cottage housing. He would prefer remanding to Planning Commission. Mr. Kolff noted that Planning Commission has more experience working with this issue and may come up with additional improvements so that they can all be dealt with at one time. City Council Business Meeting Page 11 December 15, 2003 Vote: motion failed, 2-5, by voice vote, with Sandoval and Fenn in favor. Motion: Mr. Masci moved to remand "Issue II" to the Planning Commission for further investigation and recommendation. Mr. Kolff seconded. Motion carried, 6-1, by voice vote, with Youse opposed. Motion: Ms. Sandoval moved to adopt Exhibit A with Option A without the requirement for 500feet between cottage housing developments in all permitted zones. Mr. Kolff seconded. Amendment: Mr. Kolff moved to amend the motion to add that the interim moratorium on cottage housing in R-I also be reviewed by Planning Commission. Motion withdrawn: after further discussion the motion was withdrawn. Mr. Kolff asked if all properties in R-I were developed by cottage clusters, whether that would be inappropriate according to the infrastructure in place there. Ms. Walat stated any cottage housing application would be required to have an engineered stormwater plan. She stated that if every house in R- 1 had an ADU, it probably wouldn't affect the infrastructure. She added that the soils factor was the primary driver in R-I, not the desire to keep out large constructions. Mr. Kolff asked whether having a conditional use requirement for cottage housing in R-I would address some of the concerns of the staff and neighborhood. Ms. Walat stated that a conditional use requirement would allow a clearer appeals process. Motion: Mr. Kolff moved to adopt "Option B" to allow cottage developments in R-I through a conditional use process on an interim basis. The motion died for lack of a second. Mr. Masci asked the Council to consider the addition of Option "E" to Exhibit "A" which would simply prohibit cottage housing in the R-I zone on an interim basis. Mr. Watts noted that the process requires any chosen option to undergo review by the Planning Commission. Any interim condition would remain in place until Council receives a recommendation; in addition, the Council is required to have a public hearing within 60 days of enactment of any interim ordinance. Motion: Mr. Masci moved to add option "E" prohibiting cottage housing on an interim basis in the R-I zone. Ms. Sandoval seconded. Vote: The motion carried, 7-0, by voice vote. City Council Business Meeting Page 12 December 15, 2003 Motion: Mr. Masci moved to adopt "Option C" - take no action on cottage housing now but remand issue to Planning Commission for study and recommendation. Mr. Finnie seconded Mr. Finnie stated he is fundamentally opposed to emergency interim ordinances and believes the issue should be remanded to Planning Commission for public hearings and community engagement. Ms. Sandoval spoke in opposition to Option C. Mr. Kolff stated he would favor Option B (conditional use) without the requirement for 500 feet between developments. Mr. Youse stated he believes the cottage housing ordinance was one of the best things the City has done and it is proving itself daily in the acceptance of the developments in place. He stated he has heard much support for the concept and would like to see it prove itself before we change it. Ms. Robinson stated she would favor the conditional use process; she is not comfortable with a moratorium at this point but would like to see a time limit for resolution of the issue. Vote: motion failed, 3-4, by voice vote, Fenn, Kolff, Robinson and Sandoval opposed Motion: Mr. Kolff voted to add option "F" to allow cottage developments as conditional uses in the R-I zone. Mr. Masci seconded Ms. Fenn stated that she did not think Option "C" was responsive to the outpouring of public comment. Vote: motion failed, 2-5, with Finnie, Masci, ¥ouse, Sandoval, and Fenn opposed Motion: Mr. Masci moved to adopt option "A "prohibiting cottage housing in the R-I zone and requiring 500feet between cottage housing developments in all permitted zones. Ms. Sandoval seconded Motion failed, 2-5, with Finnie, Kolff, Masci, Robinson and Youse opposed. Motion: Ms. Sandoval moved to accept Option "E", prohibiting cottage housing in R-I zone. Mr. Masci seconded Motion failed, 3-4, Finnie, Masci, Robinson and Youse opposed Motion: Ms. Sandoval moved to approve option "C", take no action but remand to Planning Commission. Mr. Finnie seconded Motion carried, 6-1, by voice vote, with Fenn opposed City Council Business Meeting Page 13 December 15, 2003 Motion: Ms. Robinson moved to request a recommendation from Planning Commission within 120 days or less. Mr. Masci seconded In answer to Mr. Youse's question, BCD Director Jeff Randall stated that this would be a reasonable time frame considering the Planning Commissions work plan for the beginning of 2004. Vote: motion carried unanimously, 7-0, by voice vote. RECESS At 9:50 p.m., Mayor Kolff called a recess for the purpose of a break. RECONVENE The meeting was reconvened at 10:00 p.m. ORDINANCE NO. 2843 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF PORT TOWNSEND, WASHINGTON, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2004 Mr. Timmons responded to one of the public comments (property tax tripling) that property taxes have been raised at the city level 2% in the last five years. If someone's property tax tripled it would have been due to property enhancements, not related to city services or actions. He added that there is no correlation between city budgets and the consumer price index; for example, public safety improvements are drivers in the budget and reflective of community needs and desires. The city budget year to year reflects items such as state unfunded mandates, one time grant programs, and rising use of services. He noted that the outstanding issue from prior discussions is the proposal for reorganization of the BCD/PW departments. He suggested language which would establish a focus group to work on that issue during the first quarter of 2004. He added freezing the current jobs would not preclude moving forward with the shared Building Official with the County or the Development Review Engineer position which has already been approved. It also would not affect the proposed organizational consultant who would assist the City Manager during the organizational study phase. The consultant position in BCD to assist with plan updates would be frozen while it is determined whether the position is better filled by a consultant or an employee. Public comment: None City Council Business Meeting Page 14 December 15, 2003 Motion: Mr. Masci moved that the City Manager conduct a supplementary organizational review and evaluation of the City's development and planning processes utilizing input from stakeholder focus groups, including, but not limited to: staff, real estate professionals, building contractors and other stakeholders, to address current and future needs of the City's organization to enable the delivery of services in a consistent and timely fashion. In addition, the review shall include an evaluation of staffing and support needs to meet community expectations and the proposed work plans for the next five-year period The City Manager is to freeze new positions in planning and development services pending this evaluation. This evaluation will be completed within the first quarter of 2004 with progress reported to the Council on a monthly basis. The final report shall be presented to Council for review, discussion and action on key recommendations regarding staffing and support services for planning development services. Ms. Robinson seconded Mr. Finnie noted that BCD staff has been directly contacting several council members to discuss the proposed reorganization. Vote: the motion carried unanimously, 7-0, by voice vote. Ms. Robinson noted that the $25,000 expenditure for Fort Worden parking is still listed in the Contingency fund rather than the General Fund. Motion: Ms. Robinson moved for adoption of Ordinance 2843 amended to change the appropriation in the Contingency Fund to -0- and adding $25,000 into the General Fund appropriation. Ms. Sandoval seconded The motion carried 5-2, by roll call vote, Masci and Youse opposed NEW BUSINESS NORTHWEST MARITIME CENTER IAC GRANT City Manager Dave Timmons presented the item. He stated this is the final step to a grant application that was authorized by the Council in 2000. The grant requires a 50% match, which is provided by the Northwest Maritime Center. The lands acquired with the grant (Thomas Oil site) will be dedicated for public purposes. Dave Robison, Executive Director of the Maritime Center, stated that one primary purpose of the establishment of the NWMC was to acquire the Thomas Oil site for the public's benefit; this will add the missing link to the city's water walk. Public comment: none Motion: Mr. Masci moved to authorize the City Manager to execute state lAC documents in substantially the form presented subject to final approval as to form by the City Manager and City Attorney. Ms. Robinson seconded The motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 15 December 15, 2003 FINAL APPROVAL FOR THE PLAT OF LAUREL HEIGHTS Planner John McDonagh stated that the Plat received preliminary approval from the Council in September 2003. Since then, plans for all required infrastructure and landscaping have been reviewed and approved by city staff and a bond amount of approximately $1 million has been established. Staff recommends Council grant final plat approval, subject to remaining covenant and maintenance agreements being resolved to the satisfaction of City staff prior to recording. Public comment: none Motion: Mr. Masci moved to approve Resolution 03-038. Ms. Sandoval seconded The motion carried unanimously, 7-0, by voice vote. STANDING COMMITTEE REPORTS Ms. Sandoval presented a draft letter dated 12/15/03 which the CD/LU Committee proposes that the Council send to the Senate Land Use Committee. The letter is a response to the Committee's request for comments on the effort to make GMA compliance more effective within local jurisdictions. She stated she would like a motion to approve the essence of the letter and agreement to send the letter on behalf of the Council. Mr. Masci stated he was not comfortable with the sentence on page 2, second bullet, beginning "the act set up an unintended adverse relationship .... " It was agreed the sentence could read, "The Act sets up unintended differences between the government agencies..." Motion: Mr. Kolff moved to approve essence of the letter to the Senate Land Use Committee as presented, with the change in the first sentence, second bullet on page 2. Ms. Sandoval seconded The motion carried unanimously, 7-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 10:35 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 16 December 15, 2003