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HomeMy WebLinkAbout12-11-1995 - MinutesMEDINA CITY COUNCIL Regular Meeting MINUTES December 11, 1995 Medina City Hall 7:00 PM 501 Evergreen Point Rd. CALL TO ORDER: The regular meeting of the Medina City Council was called to order at 7:00 PM by Mayor Taylor. The meeting was tape recorded. ROLL CALL: Present: Councilmembers Lynn Benz, Ray Cory, Susan Potts, Grahame Ross, Dennis Scholl and Mayor Dewey Taylor Absent: Councilmember Sigrid Guyton City Staff Present: City Manager Papke, Police Chief Race, Public Works Superintendent Weigle, City Clerk Edvalson ANNOUNCEMENTS Council Mayor Taylor welcomed Lynn Benz as a new Councilmember. Staff City Manager Papke reported that the 1994 Audit performed by the State Auditor's Office has just been completed. The report will be available at some point in the future. There were no findings noted. Some suggestions were made for greater efficiency. A request has been made for a new cellular antenna at the Medina Chevron Station. The matter will be heard before the Board of Adjustment and perhaps the Planning Commission. City Manager Papke questioned the City Council as to their desires to participate in the decision process. Council consensus was to allow the normal process of Board of Adjustment and Planning Commission hearings to progress. US West would be available sometime in January for a public meeting to present their plans and answer questions without any particular official body of the City presiding. City Manager Papke requested that the Council add an item to the agenda regarding a proposed letter to the Puget Sound Regional Council. City Clerk Edvalson noted the presence of and invited audience participation in the sixth annual Giving Tree to help provide for the disadvantaged in the Bellevue School District during the holiday season. Council Councilmember Scholl reported that a number of Councilmembers, City Manager Papke and Bob Rudolph attended a meeting with the FAA. An understanding of issues was reached and a mutual desire to work together was achieved. AUDIENCE PARTICIPATION Walter Scott, 2022 77th Ave NE, requested clarification of Council direction to staff on the resolution of resident concerns regarding speeding on NE 77th Ave NE. Karen Scott, 2022 77th Ave NE, requested Council to consider some immediate measures to keep non-residential traffic off the street. Medina City Council Minutes December 11, 1995 Page 2 City Manager Papke recommended the additional review of other problem areas as identified by Public Works Superintendent Weigle. Following Council and staff discussion of the issue, Councilmember Cory moved that the City have a traffic engineer review the problem. Councilmember Potts seconded the motion, suggesting that the Public Safety Committee should also be involved in the process. The motion was approved unanimously. MINUTES OF PREVIOUS MEETING: It was noted that both sets of minutes should be amended to reflect the presence of Councilmember Potts. With those amendments, Councilmember Scholl moved to approve the minutes of the November 13 and 16, 1995 meetings. Councilmember Cory seconded the motion. It was passed unanimously. ORDINANCES/RESOLUTIONS Resolution No 233 - Aareement with the Eastside Transportation Program Mayor Taylor invited Chuck Lowry, Mayor of Beaux Arts to address the City Council on the Eastside Transportation Program and the proposed agreement to include the City of Medina. Mr. Lowry gave a brief history of the organization and his participation and representation of the Points Communities. He noted that the other Points Communities had signed the agreement. David Krull, 2451 78th Ave. NE, asked if there was a relationship between the Eastside Transportation Committee (ETC) and the Puget Sound Regional Council (PSRC). Mr. Lowry responded that the ETC is a separate group recognized by the PSRC. Karen Court, 905 88th Ave. NE, questioned whether or not the agreement truly allowed for input from the Points Communities. Mr. Lowry responded that this was an opportunity for the cities to develop a consensus on a regional approach to transportation issues on the Eastside. Councilmember Scholl moved for approval of Resolution No. 233 authorizing the Mayor to execute the interlocal agreement. Councilmember Cory seconded the motion. The motion passed unanimously. AUDIENCE PARTICIPATION Dr. Steve Guyton, 7408 NE 18th Street, addressed the City Council concerning a public health concern that he and his family had discovered. He asserted that long term low- grade exposure to dust from the adjacent Gates/Medina project has caused respiratory difficulties in all members of his family. He urged that the City adopt regulations to prevent this type of occurrence in the future. Gary Corbet, 8405 NE 7th, voiced a complaint about the number of cable channels available in Medina through TCI of Seattle, Inc. He questioned the length of the cable franchise, and whether or not the City was getting the service it was due under the agreement. City Attorney Wines responded that the franchise agreement called for them to provide the same number of channels as is provided in neighboring communities, including Seattle. He noted that TCI was upgrading their facilities in Seattle, and that that action should then trigger an upgrade in capacity in Medina. Thornton Thomas,3335 Evergreen Point Road, reported that Puget Power had cut down a row of trees in the City's right-of-way at the northeast corner of Evergreen Point Road and 24th Ave. NE. He asked that the City follow up and perhaps require some type of replacement. Public Works Superintendent Weigle informed the Council that she would speak again about this issue in an upcoming meeting with Puget Power officials. Property owners Medina City Council Minutes December 11, 1995 Page 3 need a permit to remove trees in the City's right-of-way which is granted through the Board of Adjustment. DISCUSSION Discussion and Report on September Jet Noise Monitoring Ron Seymour from the Noise Abatement Office at SeaTac gave an overview of the report transmitted to the City concerning the noise monitoring conducted at the City's request during the month of September. Accompanying Mr. Seymour was Burr Stewart, Director of Planning for the airport. When asked to summarize the report, Mr. Seymour concluded that the City of Medina falls within the Day - Night Average Sound Level (DNL) range of 50 to 55. He noted that much of Seattle falls within this range. Mr. Seymour commented that isolated incidents of higher decibel readings of approximately 100 plus were recorded but may have been contaminated by ambient noise. Bob Rudolph, 1455 Evergreen Point Road, asked questions about some of the equipment settings, and noted that the September DNL was higher than it was in 1990. Mr. Seymour responded that the DNL established in 1990 used a full year's data to produce an average. The September data was taken during a much shorter period. He surmised that measurements averaged over a year's period might again result in the lower levels established in 1990. The City Council and Mr. Seymour discussed the Flight Management System being developed by the Federal Aeronautics Administration (FAA). Councilmembers posed questions about the technical aspects of the noise study and possible methods of further validating noise impacts on Medina. PUBLIC HEARINGS Resolution No 235 - A Resolution Authorizing Execution of a Purchase and Sale Agreement for Property Located at 506 Evergreen Point Road. On behalf of the City Council Real Estate Committee, Councilmember Scholl described the background and justifications for the proposed property acquisition. Various Councilmembers commented on the benefits of the purchase. The following members of the audience spoke in favor of the acquisition: Susan Marglin, 2617 Evergreen Point Road, Wilma Edmonds, 7721 NE 24th Street, Thornton Thomas, 3335 Evergreen Point Road Arthur Dietrich,707 Overlake Drive East, Laurie Haslund, 7807 NE 12th Street. City Attorney Wines and Jordan Hacker, attorney for the property owners, discussed details of the purchase and sale agreement with the Council. Tom Morgan, 3242 78th Place NE, asked if the prohibition against demolition will be deleted from the master deed of trust. Mr. Hacker said that it was understood at the time what the parties intended, that it would not be a problem. Dan Becker, 8005 NE 28th Street, asked if the Council had made provision for addressing the balloon payment, or if there was leeway to extend beyond the ten years for continuation of payments. City Manager Papke responded that the only current provisions are those associated with the down payment, 11 monthly payments and closing costs as proposed in the 1996 budget. Councilmember Cory expressed confidence that the City would be able to meet future requirements. After closing the public hearing, the City Council continued discussion of the purchase and sale agreement. Councilmember Ross requested that the terms of the agreement clearly reflect the 20 year amortization due in 10 years. He also requested that language be inserted to ensure the right of offset by the City against the balance of the principal for the cost of removal and regulatory compliance in the event the oil tanks are not removed. Medina City Council Minutes December 11, 1995 Page 4 City Attorney Wines stated that there should be other modifications to the agreement. He said that Addendum A should include the right to obtain ATLA extended form title insurance, and that the promissory note should be modified to allow the property to be held for municipal purposes rather than for commercial or business purposes. He also stated that Nancy Narres of Preston, Gates & Ellis is reviewing the agreement for tax purposes. Councilmember Scholl moved to approve the resolution and authorize the Mayor to execute the purchase and sale agreement with the modifications discussed and all appropriate corrections by Nancy Narres. Councilmember Cory seconded the motion. It was approved unanimously. ORDINANCE NO. 606 - AN ORDINANCE ADOPTING THE BUDGET FOR 1996. Mayor Taylor opened the public hearing and invited City Manager Papke to provide an update to the changes made since the last hearing. She noted that there were essentially seven changes from the last hearing, the largest being to provide for the purchase of the property at 506 Evergreen Point Road. Those changes resulted in an increase in the total budget of $378,297. No public comments were made. Mayor Taylor closed the public hearing. Councilmember Lynn Benz questioned why the salary ranges of each position were not included in the budget as provided for in the Revised Washington Code (RCW). City Manager Papke responded that for a variety of reasons it has not been the City's practice to report salaries or salary ranges. She explained that in an earlier budget session the Council had determined that salary ranges would be included starting in the 1997 budget. Councilmember Scholl made a motion for the adoption of Ordinance No. 606. Councilmember Cory seconded the motion. Councilmembers Cory, Potts, Ross, Scholl, and Mayor Taylor were in favor. Councilmember Benz was opposed. ORDINANCE NO. 607 - AN ORDINANCE CERTIFYING THE TAX LEVY FOR 1996. Mayor Taylor read the ordinance in its entirety, and then opened the public hearing. No members of the audience chose to address the Council. After the close of the public hearing, Councilmember Cory moved the approval of Ordinance No. 607. Councilmember Scholl made the second to the motion. The motion was approved unanimously. REPORTS Financial Reports & Claims Councilmember Scholl moved to approve November warrants #8909 - #8992 totaling $209,497.47 and payroll warrants #14422 - #14473 totaling $73,121.84. Councilmember Cory seconded the motion. The motion was passed unanimously. Police Report - November 1995 Police Chief Race reported the recovery of $10,000 in stolen property during the past month. Public Works Report Public Works Superintendent Weigle reported that a severe storm was forecast to hit sometime in the next 24 hrs. The City crews have prepared for the event. The streets have been swept; most of the catch basins have been cleaned. Medina City Council Minutes December 11, 1995 Page 5 OTHER BUSINESS Departing Councilmembers Councilmember Cory commented on the fine job that departing Councilmembers Scholl and Koelemay had done for the City. The Council and audience applauded the Councilmembers' work. HartCrowser Proposal for Preliminary Environmental Assessment The Council determined that the Real Estate Committee would look at the proposal and negotiate a price. Points Communities' Letter to Puget Sound Regional Council City Manager Papke presented a brief staff report. The letter supports the PSRC's proposal to study alternative funding methods to address important regional transportation matters. The letter further urges that the current Public -Private Initiative Program be placed on hold until alternatives can be explored. The Council agreed by consensus that the Mayor be authorized to sign the joint letter. Civil Rights Complaint - Earl Johnson The City Council discussed the complaint which centers around Mr. Johnson's difficulty hearing the Council proceedings. The City has tried to address his concerns in the past by installing various assistive listening devices. Council consensus was that the system in place was adequate. EXECUTIVE SESSION Councilmember Scholl moved to adjourn to executive session to discuss personnel matters with an anticipated return to open session at 10:00 PM. Councilmember Potts seconded the motion. Approved unanimously The Council adjourned to executive session at 9:30 PM., and returned to open session at 10:20 PM. RETURN TO REGULAR MEETING Employment Contract for City Manager The Council considered the 1996 employment contract for City Manager Papke in executive session. Upon their return Councilmember Cory moved to approve the revised contract. Councilmember Potts seconded the motion. The motion was approved with Councilmember Benz in opposition. ADJOURNMENT Councilmember Cory moved that the meeting be adjourned at 10:25 PM. Councilmember Scholl seconded the motion. Passed unanimously. Dewey L.Tayl r, K Harwood T. Edvalson, City Clerk