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Home My WebLink About11-09-1992 - MinutesRc,Q"a,Ial" M. ee t.l t,q MINUTE`; November 9, 1.9'12 "1edirla t;it.y Ha11. 7:00 PM :_)EJ1 Ever -green i ,--ji.nt Rd. CALL TO ORDER: The regular meeting of the Medina City Council was called to order at 7:00 PM by Mayor Cory. The meeting was taps recorded. ROLL CALL: Present: Cc.uncilmembers Guyton, Hu11, Kelly. Scholl, Potts, Zubko and Mayor Cory City Staff Present- City Manager Papke, Secretary Batchelor, Police Chief Race, Public Works 'Supt. Weigle and City Attorney Wines MINUTES OF PREVIOUS MEETINGS: Zubko moved to approve the minutes of October 12, 1992 meeting, seconded by Scholl, passed. ANNOUNCEMENTS Councilmember Scholl stated that on behalf of the City Council he had attended the Bellevue Library "Reader Roundup Program" at the Medina Elementary School on October 21, 1992. He stated that the event was a great success. City Manager Papke stated that celebrity saxophonist Kenny "G" had recently put on a concert at St. Thomas Elementary School on behalf of Medina's DARE program. She stated that the City appreciated his efforts in supporting this worthwhile program. AUDIENCE PARTICIPATION Susie Marglin, 2617 Evergreen, Point Rd., stated that she had some concerns relating to the City charging -residents for copies. City Manager Papke stated that according to Medina Ordinance Pdo. 537 the City charges the public for copies at a rate set by the City Clerk/Treasurer. The City Manager noted that in the past this ordinance was not enforced consistently and she stated in an effort to treat citizens fairly, she is now requiring that the ordinance be enforced equally among all residents. Ms. Marglin asked that the City Council give her their interpretation of this ordinance. Mayor Crory stated that a response from the City would be forthcoming. John O'Hara, 1601 77th Ave. NE, had some concerns relating to the Overlake Golf and Country Club. Mayor Cory stated that this issue was a scheduled agenda item and would be discussed later in the meeting. REPORTS/DISCUSSION Appointment to the Planning Commission Mayor Cory recommended that Medina resident Grahame Ross be appointed to fill the unexpired term on the Planning Commission. It was the consensus of the City Council to appoint Grahame Ross to the vacant position or, the Planning Commission. Review Settlement Offer from Overlake Golf & Country Club Mayor Cory excused himself from this portion of the meeting because of a conflict of interest. Mayor Pro Tem Hull chaired— _. 1 _. Medina City 'Council Minutes November 9, 1992 Page Two Bull reviewed the background on the Overlabe Golf & Country Club issue. He stated the sequence of events were: in February 1992 the Medina Planning Commission approved Conditional Use- No. 148 subject to 11 conditions; in June 1992 the City Council added a 12tb condition to the approval vbiob required that the Club provide a second access; subsequently, the Ovezleke Gulf & Country Club and the Medina Park Place Homeowners' Assoc' filed a lawsuit against the City; on October 13, 1992, Judge Steere, of the King County Superior Court, issued a Summary Judgement in favor of the Club and on October 14, 1992 the City received a settlement offer from the Club and the Medina Perk Place Homeowners' Assoc. Bull stated that the City has two options to couoider; 1> Pursue further legal action' 2> Agree to the settlement offer' Scholl moved that: 1` The City file neither a motion for reconsideration nor an appeal to Judge Steeze'o decision. 2> The City Manager and City Attorney be given authority to sign the settlement agreemeot, vbiob has beem jointly negotiated with the, Club and Medina Park Place Homeowners' Assoc,. 3) The Conditional Use permit be issued with the 11 conditions originally set by the Planning Commission. Zubko seconded the motion. It was the consensus of the Council to take publin oommeut or, the issue. City Attorney Wines gave an outline of the settlement offer. He stated that the agreement would require that the City of Medina not appeal the decision of Judge Steeze and in return the Overlake Golf & Country Club and Medina Park Place Homeowners' Assoc. would not pursue their claims against the City of Medina for damages and associated attozoey's fees/000ta. The agreement would also require that the City issue the Conditional Use Permit No, 148 as originally approved by the Planning Commission. Lengthy discussion on the settlement agreement. The following resident-- stated their 0000eros relating to the settlement offer. Jnbo O'Hara - 16Dl 77tb Ave. 0E Earl Johnson - 8711 Ridge Road Helen Smith - 1407 Evergreen Point 8d, Paul Demitriades - 2254 Evergreen Point Rd. Richard Beiuz - 7715 Overlake Dzive Nest Council discussion on the agreement and on whether the signing of the agreement would affect the City's rigbto to 80tb Ave. NE City Attorney Wines stated that the rights of 80tb were never au issue during litigation. He stated that the signing of the agreement would not interfere with the City's rights to 801tb, now or in the future' He further stated that the settlement agreement could favor the City in regard--- to 80tb as any claims by Overleke Golf & Country Club and Medina Park Place 8oTneovueze' Assoc. to rights in 80tb would be dismissed with prejudice upon the signing of the agreement. Discussion on possibly modifying the agreement. City Attorney Wines rioted that. the City baE.-; urit-Ll 0orembez lltb to file a notice of appeal, if the City wishes to do so. Scholl repeated his original motion. Guytou voted "oaye"' The motion passed. John O'Hara stated that he was riot allowed adequate time by the Council to address, the issue of wbethez ot- riot tbe City �bnuld appeal. Bull polled the Council to oee if they wished to reopen the public bearing discussion. Kelly moved for a motion of reconsideration to reopen the public hearing. The motion failed for lack of a second. Medina City Council Minutes 0ovember 9, 1992 Page Three Fire Services Cootr-act. City Manager Papke stated that after many months of negotiation, she and the other 4 Point Communities had reached a tentative agreement with the City of Bellevue for extending the fire service 000traot. She stated due to some recent events, the City of Bellevue was adding 4 additional items to the contract. She stated that since it is unclear what the actual figures associated with these additional items would be, she reoommeoded that the City Council not agree to sign the agreement until there is further study of the issue. Financial Reports & Claims Zubko moved to accept ass paid Claims #5829-5900 iu the amount of S46,663-38 and Payroll Warrants # 12579-12622 in the amount of s53,452.50, seconded by Scholl, passed. Public. Works Report Public Works Supt. Weigle reported on Overlabe Drive and the recent water leak that occurred. She stated that there was a question of slope stability in that area and she reminded the Council that the work to be done on Overlake Drive was the number one public works priority for 1993' Discussion on beginning Some of the engineering work in 1992. Discussion on the grading./drainage permits and an update on the proposed LID' Police Report Accepted as submitted. City Manager._Reriart City Manager Papke reviewed the issues that had been discussed at the Mayor's meeting, such as affordable housing. City Manager Pepke also reviewed the upcoming budget meeting dates' Adjournment The meeting adjourned at 10,15 P.M. Ray Cory, Mayor CY-WA, 6O_zLkLU1_____ L:`ynn/Batchelor, Deputy City Clerk -3