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HomeMy WebLinkAbout12082003 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE SPECIAL BUSINESS SESSION OF DECEMBER 8, 2003 The City Council of the City of Port Townsend met in special session this eighth day of December, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolffpresiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:30 pm by Mayor Kees Kolff. Council members present at roll call were Freida Ferm, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, and Michelle Sandoval. Mr. Youse arrived at 9:35 p.m. Staff members present were City Manager David Timmons; City Attorney John Watts; Finance Director Michael Legarsky; Public Works Director Ken Clow; BCD Director Jeff Randall; Fire Chief Ed Edwards; Legal Assistant Bobbie Usselman. PUBLIC COMMENT Richard Berg, 727 Taylor Street, had comments about the cottage ordinance but couldn't stay for the meeting. He has provided written comments to Council. CONSENT AGENDA Motion: Ms. Fenn moved to adopt the following items on the Consent Agenda. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. Approval of the following Bills, Claims and Warrants: Vouchers 88189 through 88200 in the amount of $37,813.42 Vouchers 1120038 through 1120039 in the amount of $41.15 Vouchers 1205031 through 1205037 in the amount of $80,903.47 Approval of Minutes: December 1, 2003 Executive Session December 1, 2003 Business Meeting ORDINANCE 2843 ADOPTING THE BUDGET FOR THE CITY OF PORT TOWNSEND, WASHINGTON, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2004 Mr. Timmons gave a staff report discussing his memo to Council dated December 5, 2003 providing further information about budget items identified for discussion at the last meeting: 1) $25,000 for Fort Worden parking fees; 2) street funding; 3) staff expansion; 4) BCD/Public Works reorganization; 5) Tier 1 incentives for streets; 6) capital program to be discussed as part of the Limited Tax General Obligation Bonds. City Council Special Meeting Page 1 December 8, 2003 Concerning the BCD/Public Works reorganization, Mr. Timmons confirmed one new position would be the Technical Planner - Assistant City Engineer/Planning. There was further discussion concerning the flow of work based on the chart. Ms. Sandoval stated a concern she has heard from citizens is that the initial contact persons in BCD cannot make decisions and most consult others in the department. Mr. Timmons indicated the reorganization of the departments would allow initial contact people to make decisions. His goal for the new positions is to hire qualified people that can make decisions. Concerning the hospital transport services, Ms. Sandoval asked whether the benefit is above the cost. Mr. Timmons indicated it is about 80% of the cost. He stated we are awaiting a follow-up feasibility study. Regarding staff expansion for the Fire Department, Ms. Robinson asked for clarification regarding "staffing of four that is the national standard." Chief Edwards advised if a fire occurs, there must be 4 firefighters at the scene before they can enter a building. Under the general capital improvement section of the budget, Mr. Kolff asked about the line item of donations of $24,000. Mr. Timmons stated that is for anticipated donations for the City Hall Project. Ms. Sandoval asked about the Tier 1 Incentives for streets as to when was the last time it was funded to a degree that people knew there was money there. Mr, Timmons said he could not find any history. Mr. Clow stated in the past some was done through the street fund; it came from a difference category. Concerning the BCD/PW reorganization, Mr. Finnie asked what would occur if Council did not accept the budget as presented dollar-wise, would there be a priority for work done in BCD and PW, and what would be the consequences of it? Mr. Timmons stated we would have to adjust certain elements to fit within the resources available. Mr. Finnie asked whether there was any other way to reorganize the department for fewer dollars and FTEs to accomplish the task, and whether there is a way to empower some senior planners and others so that we could get by with more productive labor and less administration. Mr. Timmons does not believe that can be done. He had raised the issue of planning functions and daily land use functions, and that is where we need middle management. Mr. Masci asked about the shared position of the building official with the County. Mr. Timmons indlcated it would be filled by an individual with technical expertise and knowledge of the building codes. The shared positions should result in uniform application of the code for both city and county residents. He stated that the City doesn't have the volume to support a building official, plans examiner and building inspector. PUBLIC COMMENT City Council Special Meeting Page 2 December 8, 2003 Greg Walsh of Jefferson LifeLink, spoke regarding the potential interlocal with the hospital. Mr. Walsh asks Council to scrutinize the current level of funding and not the service level. Bill Medlicott, 1510 Monroe, Port Townsend. Although he is a member of the LTAC Committee, he is speaking tonight on his personal behalf. He stated he has learned new information concerning the Fort Worden Parking fees issue that changes his opinion about whether the fee should be paid by the city. He feels buying a $50 yearly pass is a small price to pay and indicates most other states have had similar passes for years. Barry Anderson, 1411 Willow St., Port Townsend. He is a member LTAC Committee but is here tonight to share his personal views concerning Fort Worden. He echoes Mr. Medlicott's comments and believes if the LTAC Committee knew the facts they know now, they would not have voted to support the contribution. He doesn't believe a parking fee at Fort Worden will affect city sales tax revenues. Nora Porter, 1707 Water St., Port Townsend, stated it is frustrating to see so much mis- information being presented by Messrs. Medlicott and Anderson concerning Fort Worden parking fees. She refuted Mr. Medlicott's comments and stated nothing has changed since LTAC voted to recommend providing funds for parking. Jean Dunbar, Chairman of Fort Worden Advisory Committee, amplifies what Ms. Porter said and states that Mr. Medlicott has never attended advisory board committee meetings. The Board has discussed parking fee matters for the last two years. Mr. Kolff passed out a draft MOA concerning Fort Worden parking. He stated the Fort Worden Advisory Committee is a committee that reports to Rex Derr, Director of State Parks. Many people don't understand the role it plays. Kate Burke is in direct negotations with Mr. Derr regarding issues that directly impact Fort Worden. Ms. Sandoval asked which fund(s) the money would come from if passed, and Mr. Timmons recommended the contingency fund or general fund. He stated LTAC funds would be held in reserve to underwrite other funding pending the proceeds from other fundraising efforts. Mr. Kolffbelieves with a small amount of work, $10,000 worth of annual passes can be sold. Ms. Fenn feels it is better to take the money from the general fund based on prior discussions. Mr. Finnie stated his understanding of the contingency fund was that it was to be built up with general fund dollars to be used for discretionary projects showing shortfalls. Mr. Timmons concurred it would be for one-time events or recurrences. Mr. Finnie agrees the money should come from the general fund. He also believes LTAC needs to meet again to reconsider its position. Mr. Masci has concerns about the MOA. He believes Mr. Timmons should be involved with the negotiations. City Council Special Meeting Page 3 December 8, 2003 Mr. Kolff indicated the first draft of the MOA was developed by Fort Worden and modified by the Parking Subcommittee of the Advisory Board, including Kate Burke. Ms. Robinson raised a point of order, stating the budget, not the contract, is the current item under discussion. She believes it is important to preserve the contingency fund. Mr. Kolff also supports the parking contribution money coming from the general fund. Ms. Sandoval moved that $25, O00 for parking fees be moved from the contingency fund to the general fund Ms. Fenn seconded the motion. The motion carried 5-1, by voice vote; Masci opposed Mr. Masci stated he cannot support the street funding section of the budget, or the whole budget itself, as we are postponing street repair. Ms. Robinson said at one committee meeting they discussed adding $25,000 to $30,000 more for street work. She is aware staff has many projects, but wonders if more money could be allocated. Mr. Timmons indicated additional chip seal could be accomplished that doesn't require a lot of engineering assistance and support. The street fund budget has $80,000 in reserve that hasn't been earmarked for projects. Ms. Sandoval agrees with Ms. Robinson. She believes the incentive program should be funded. If the City can't take on projects, citizens should be able to move forward with their projects with matching funds. Ms. Fenn asked about the $80,000 reserve and how it would be allocated between chip seal or extra tiering requests. Mr. Timmons stated it would come back to Council. He said if you took $25,000 for chip seal and $15,000 for tiering, it would leave the fund balance of about $40,000 which would draw down the reserves to 10%. Mr. Timmons hadn't recommended either situation as he felt he would do it in the supplemental budget. Ms. Sandoval moved to add $15, O00 for tiering and $25, O00 for chip seal projects. Ms. Robinson seconded the motion. The motion carried 4-2, by voice vote; Masci and Finnie opposed. Mr. Masci is in favor of staff expansion of the Fire Department. We'll need additional personnel if we enter into a hospital contract. We need to project out 10 years in the future to keep up with the standards. This is a long-term commitment and probably the single best thing we can do for the community on a person to person basis. Mr. Kolff agrees with Mr. Masci's comments and the same for police protection. General Government did recommend adding one police officer per year to get us up to a good level of protection of public safety. Ms. Sandoval wanted to clarify that by allocating funds, it does not mean we are moving forward with the transport service at this time. Mr. Timmons indicated we are awaiting a report on a City Council Special Meeting Page 4 December 8, 2003 study. If the matter goes forward, it will be an interlocal agreement with the hospital probably in the first quarter of the year. Ms. Fenn moved we support the City Manager's recommendations on fire and police staffing. Ms. Robinson seconded the motion. The vote in favor was unanimous. Concerning the BCD/PW reorganization, Ms. Sandoval has mixed feelings. She has concerns because she doesn't know whether Mr. Timmons' suggested reorganization would fix the problems. She feels we need to be our best in BCD. She has heard complaints about the lack of clarity for citizens going through the land use process. She suggests a focus group be put together; have a survey of users in the last year or two; have realtors and builders give opinions; ask the staff its opinion as to what they feel is the problem. She indicated people she has dealt with in BCD were not empowered to make decisions and that slows down the process. Mr. Timmons indicated he is trying to address the problems in terms of structuring in a way so we can get processes running while we look at how we can approve the system and engage user groups. There are time sensitive issues with the Shoreline Master Plan and Point Hudson. Another concern is when new projects come through the door, the applicants want answers and don't want to hear we are doing a study to see how to make things better. Mr. Finnie stated he needs to be convinced there is going to be performance improvement and would like to see measurable goals, a tracking tool set in BCD. Mr. Timmons stated that is the goal of the special assistant to his office. There are administrative improvements to be made. You cannot try to do that and run day-to-day business. He is hoping to see measurable goals in the first quarter of the year. Mr. Kolff shares the concerns of others but reminds Council that Mr. Timmons was tasked to come up with a proposal to fix the problems identified and this is his proposal. Council should not micromanage the City Manager's job but should trust and give focus and money he needs to develop the goals. Mr. Finnie stated job description changes are by ordinance and will come back to Council. Ms. Robinson stated there was budget allocated in 2003 for development review and asked why the position had not been filled. Mr. Timmons said we didn't have time to get to it in 2003. The two new positions funded are both in engineering, development review and tech planner, to deal with transportation and utility planning. They are not general fired expenses. On the BCD side, the only difference is the allocation from departmental budget to special projects. That is increasing hours to full time for the senior planner. The assistant to Mr. Timmons is more of a consultant and comes from the general fund for a 3-month period. The next step for Council would be to implement ordinances to change job descriptions. The other step would be authorization for grants to undertake studies. He indicated some of the problems are with the interface between Public Works and BCD and the lack of decision making at that level. We rely on the City Engineer and Public City Council Special Meeting Page 5 December 8, 2003 Works Director to make decisions as counter people cannot make decisions. This issue was addressed in 1998 and abandoned in 1999. Another part of the study in Public Works was to address the issues we had last year to have a utility engineer to manage utility projects. The goal is to create a position to address the work plan. People are trying to multi-task and problems arise in those areas when numerous people get involved and it takes time and expense that could go to other issues. We are trying to create a team approach so the planning team can continue on and if land issues come up, planning doesn't get dragged into it. He stated several years ago BCD had a higher FTE than now. Ms. Fenn has concerns about whether Mr. Timmons' proposal will fix the problems. The funds for the shared position would be via an interlocal agreement and would come from the general fund. Mr. Timmons indicated there are grants coming in to help offset planning costs for a two year period. Mr. Masci is concerned about using grant money to fund salaries, asking if the people are fired when the grants are complete. He stated that Mr. Timmons took a management perspective in his proposed reorganization, but there are costs with this that are going to bite us. He stated the Council should instruct staff to prepare an ordinance to accept the IBC code, and once it is approved, abandon jurisdiction to the County and let them handle it. A break was taken at 8:30 pm; Council resumed at 8:45 pm. Mr. Timmons appreciates everyone's comment. He will work on the organizational chart for BCD/PW. If indicated and Council is comfortable, we could go forward with the budget as presented but subject to implementation of the BCD/PW plan. Ms. Sandoval moved that we put the BCD/PW reorganization issue off until next week Ms. Fenn seconded the motion. Mr. Finnie stated he is not prepared to vote but would like someone to give thought to framing the motion so we have something in front of us at the next meeting. He would like a quarterly or semi-annual report of performance measures to validate the increased level of funding to the departments. Ms. Sandoval wants to give more thought of how to craft the motion for next week. She believes we need to figure out a way we can trust Mr. Timmons is doing his job and empower him to do it by passing a budget with a safeguard of checks and balances that we need. Vote: The motion carried 4-2; Masci and Kolff opposed. Mr. Kolff suggested Councilors contact Mr. Timmons directly if they have questions or ideas. ORDINANCE 2844 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL City Council Special Meeting Page 6 December 8, 2003 AMOUNT OF $1,620,00 Mr. Timmons provided a staff report and introduced Jim Nelson of Martin Nelson & Company, the bond underwriter. Mr. Nelson congratulated the City for obtaining Standards and Poor's rating of"A." He indicated many cities are following Port Townsend's lead in financial policies. Because of the underlying rating, we can buy the interest rate down 3.3%. Mr. Timmons stated the list of projects on page 2 of the Agenda Bill should be discussed. Staff feels we are in a good position to take on the additional debt. The skatepark and fire station have matching commitment requirements. The pool is amortized based on a plan to increase user fees and increased use, and lower operating costs. The bell tower money is to recover the capital invested to put money back in our reserves taking advantage of lower rates. We have an opportunity for a partner for the wave gallery, and the Pink House money is to help recover rent. Ms. Sandoval asked if we have staffing to complete the projects if we get the money. Mr. Timmons stated some are construction projects. The only product not currently under way is the wave gallery. Mr. Masci asked what the $150,00 identified for the bell tower would cost us over the life of the loan. Mr. Timmons indicated $75,000 over 20 years. PUBLIC COMMENT Karen Gates Hildt, spoke in support of the decision to move ahead on this ordinance. City Hall is scheduled to be restored and tonight this gives the opportunity to move ahead with restoration. She supports additional bonding, which is efficient and effective to take advantage of lower rates. Lynn Sterling, 23 Grant Street. She is here to support the restoration project for City Hall. She owned the Holly Hill House and sold it 2 years ago. She banked on people coming to town to use "old buildings." Investment in the core of the City is beneficial. She urges to go to the highest amount you can borrow. She understands rates and bonding and this is a great rate. Pat Teal urges Council to go forward with bonding. She said it doesn't make sense to have new Annex if City Hall is crumbling. This building is 100 years old and we deserve to have it preserved. Kevin Harris, 1819"3 3rd Street, Port Townsend. Mr. Harris gave an update on the construction of the Cannery Building that is a critical part of the water walk plan. He is concerned as that whole structure, the wave gallery and dock have been neglected and could be lost in a big storm. He anticipates he'll spend between $100,000-200,000 on the dock area and would be great to use City leverage on the project. Neighbors in the area are supportive to help clean up the area. Anticipated uses might be concerns on the pier and Farmers Market events. Mr. Masci suggests we go ahead with the bonding but eliminate the Bell Tower. Ms. Robinson agrees. City Council Special Meeting page 7 December 8, 2003 Mr. Timmons indicated we drew the money from the reserves of the capital improvement fund for the Bell Tower. Ms. Fenn states she is reluctant to spend $500,000 on the pool given current discussions of the Y's involvement. Mr. Youse arrived at 9:35. Ms. Sandoval asked if we could use the money designated for the pool for other projects if the Y took over the pool. Mr. Timmons stated it could be used elsewhere. Mr. Kolff asked about the downside of having capital reserves down by $150,000. Mr. Timmons stated it would limit future options until we build back reserves. If we have a project come up, we may have to defer it. Mr. Legarsky indicated he could calculate what percentage of the reserve we are talking about. Mr. Finnie asked if the money for the Bell Tower restoration and deferred maintenance on the pool would come from the capital facilities fund. Mr. Timmons stated we could live with that, but the issue is the economy. Mr. Finnie asked what would be the best deal for the City, bonding for the entire amount suggested, or a less amount. Mr. Timmons stated he spoke with a local banker on that issue and felt it was a good plan to include the Bell Tower funds. One issue the rating agency looked at is the cash reserve positions and whether or not we were drawing down on those or retaining them. Looking ahead, I don't see any borrowing, but the utility fund is where our next borrowing will occur. They will want to see how we manage in the next couple of years to see our cash reserves healthy. Mr. Sandoval moved to adopt Ordinance 2844 in the amount of $2, 390, 000. Mr. Masci seconded the motion. Mr. Finnie applauds Council for renovating City Hall, but cannot support this bond with its inclusion of the skateboard park, which he things should be located somewhere else. Vote: The motion carried 4-3; Finnie, 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 gave the staff presentation. City Council Special Meeting Page 8 December 8, 2003 Mr. Nelson stated this is for the sale of a grant anticipation note that is a cash flow timing vehicle. The current money would be on a 2 year note at 1.8% which is very cost effective. In response to Mr. Finnie's question, Mr. Nelson stated the effective interest rate including all fees is around 2%. There was no public comment. Ms. Sandoval moved to adopt Ordinance 2845 providing for issuance and sale of grant anticipation notes of the City in the principal amount of $1,625, O00 for the purposes of financing improvements to the City 's fire station and providing terms of the notes. Ms. Robinson seconded the motion, and the vote was unanimous. Mr. Timmons recommended agenda items 10A through D be moved to first reading and carried forward to the next meeting. Mr. Masci moved that we have first reading of the 2004 contracts including Resolution Nos. 03- 032, 03-033, 03-034 and 03-035 to be placed on next Monday's consent agenda. Ms. Robinson seconded the motion and the vote was unanimous. AWC WORKER COMPENSATION RETROSPECTIVE RATING PROGRAM 2004 Mr. Legarsky gave a staff report. Ms. Robinson asked whether the equity retention of 50% of premiums was indefinite or was there a curve. Mr. Legarsky stated a percent of refund is retained to protect against possible assessment. Equity will be refunded once the group has met equity requirements set by the advisory committee, and he doesn't know when that will be. This is a restrictive fund. Ms. Robinson asked whether the 25% estimated refund, based on L&I average for all participants, is expected to move in one direction or another. Mr. Legarsky indicated it is an average, so he doesn't think it will change much more than it is. The rates will improve, which is the goal of the plan. Ms. Sandoval asked, in a worst case scenario, whether a large catastrophic loss of $4 million, whether AWC limits each City to that amount over and above $4 million. Mr. Legarsky indicated she was correct. Ms. Fenn moved to approve membership in A WC Worker Compensation Retrospective Rating Program and authorize the City Manager to sign required agreement documents. Ms. Sandoval seconded the motion. Mr. Masci is not in favor of this program. He indicated there was an actuarial study done about trying to start this up again, which was not favorable. They were told they should have $4 City Council Special Meeting Page 9 December 8, 2003 million in premiums to start the fund. He requests from Mr. Legarsky the list of the 45 cities participating. He is concerned some cities may cause problems for other cities. He favors the BIAW where you stand to gain $27,000 out of refunding of premiums if experience ratio and claims in are proper proportion. He said just because they lobby doesn't mean it is a bad thing. Ms. Sandoval stated we use taxpayers money and she will not give it to lobbying groups as it is inappropriate. Mr. Finnie asked for Mr. Timmons' response to Mr. Masci's comments. Mr. Timmons stated he has not proofed the numbers and has not obtained a quote from BIAW. Mr. Finnie asked if there was an economic consequence to us taking no action now. Mr. Timmons said we would forfeit the refund of approximately $6,000. Mr. Kolff asked what was the risk Mr. Masci commented on in terms of the size of the reserves and the mix of other city participants. Mr. Legarsky stated he has no information on BIAW. In terms of a risk of pool, it would be the same as we have had in the past. Mr. Timmons stated there is a risk associated with it because it is a start up. The City is with WCIA for liability and property insurance and it has been very beneficial to the City. Risk occurs with any startup. He recommends we start with them. In the long term it may improve itself if managed well. Ms. Robinson indicated she would like to wait a year to see how it unfolds. She is interested in the equity plan and how they will build that. Mr. Kolff stated he would support the motion taking advice of staff. Vote: Ms. Fenn and Mr. Kolff voted in favor; all others Councilors voted against. Failed 5-2. Mr. Masci moved to instruct staff to explore options, Mr. Finkelstein's study, explore not just BIA gg and other funds available and have Council presentation on all of the options. The motion was Seconded Ms. Robinson asked if there were other public programs. Mr. Masci stated they were all monitored by the Department of Labor. Vote: Messrs. Finnie, Youse and Masci voted in favor; all other Councilors voted against. Motion Failed FORT WORDEN PARKING FEES - CONTRACT Mr. Watts made the staff presentation. Mr. Kolff provided a copy of the MOA for Councilors. He said they were trying to accomplish two years of funding arrangements with one agreement. Mr. Masci stated the City is contracting with the State Parks and suggested removing the coalition from the contract. City Council Special Meeting Page 10 December 8, 2003 Mr. Kolff stated the contract original was between the coalition and the State Park, however, Mr. Watts suggested the City be included to make it easier. Ms. Robinson asked about paragraph 18 where the City pays $25,000 and then $20,000 from LTAC. Mr. Finnie stated since LTAC is an advisory board to Council, Council gives final approval concerning the funds. Mr. Watts stated Council is free to accept or reject LTAC's recommendation. Ms. Robinson recalls the $20,000 was not in LTAC's budget for 2004. Mr. Watts indicated it was not a line item, but part of the reserve, so we would have to do a supplemental to get the money. Ms. Fenn suggested we add text to clarify the second sentence of paragraph 18 to include, "up to an additional $20,000 from City LTAC." Mr. Kolff stated the earlier draft did say one payment would be from one source and the $20,000 from LTAC. State Parks doesn't care where the money comes from and he has no problem specifying it in this agreement. Mr. Finnie believes it should be in the agreement. He warned that some members of LTAC Committee that supported the issue are reconsidering their decision and we may be faced with having to debate an LTAC Committee reservation that isn't favorable with this action. Ms. Sandoval stated she reviewed the RCWs concerning LTAC and that it is not essential to have LTAC approval. PUBLIC COMMENT Nora Porter stated there is an issue with taking a consensus with LTAC by phone or fax or email. The County had same problem with its meeting. When a group dealing with public funds is going to consider or reconsider a request, the public should have opportunity to be heard by everyone at the same time. 22nd STREET POCKET PARK Mr. Watts gave the staff report. PUBLIC COMMENT Norma Fried, 1009 22na Street, stated she is one of the neighborhood group. The documents are draft agreements and the neighborhood understands that until final documents are signed by all parties there won't be any street vacations set in motion. She feels the neighbors have made a lot of concessions. If documents are not signed before anything happens, they will give up on park and street vacation won't be issue. City Council Special Meeting Page 11 December 8, 2003 Mr. Masci moved to authorize the City Manager to sign the Amendment to the Draft Settlement Terms. Seconded by Ms. Fenn. The vote was unanimous. ORDINANCE 2848 ADOPTING INTERIM REGULATIONS PROHIBITING COTTAGE HOUSING DEVELOPMENT IN R-1 ZONING, AND PROVIDING FOR SEPARATION OF COTTAGE DEVELOPMENT IN OTHER ZONES, AND CLARIFYING PERMITTED DENSITIES WITHIN RESIDENTIAL DISTRICTS Mr. Randall gave the staff report. Ms. Sandoval indicated she was confused concerning R-III. Mr. Randall said the section is now shown but states the minimum lot size is 3,000 sf which is listed lower on the table. Ms. Robinson asked why R-II was not included in the review. Mr. Randall indicated part of it was mystifying because when the cottage ordinance was written it didn't realize it shouldn't have gone into R-1. He said R-II is the same, and is somewhat ora flaw. This change would not affect the current project on the books but will affect future project. Ms. Fenn moved for first reading of Ordinance 2848. Ms. Sandoval seconded the motion. Ms. Sandoval spoke in support of the ordinance. Mr. Kolff reminded Council of the letter Richard Berg left, and read it aloud. Vote: Messrs. Youse and Masci voted against and all other Councilors voted in favor. Motion passed 5-2. The executive session was moved to the next meeting. Ms. Robinson moved to adjourn, the motion was seconded and the vote was unanimous. The meeting adjourned at 10:57 pm. Bobbie Usselman Legal Assistant Attest: Pamela Kolacy, CMC, City Cl~Jk City Council Special Meeting Page 12 December 8, 2003