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HomeMy WebLinkAbout01-13-1997 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES January 13, 1997 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 Pro Tern Potts. The Council meeting was recorded on audio tape. ROLL CALL: Present: Councilmembers Daniel Becker, Lynn Benz, Ray Cory, Grahame Ross and Mayor Pro Tern Susan Potts. Absent: Mayor Dewey Taylor. City Staff Present: City Manager Doug Schulze, City Clerk Woody Edvalson, Police Chief Joe Race, City Attorney Kirk Wines. MINUTES OF PREVIOUS MEETING: Councilmember Cory noted that the minutes of the December 9, 1996 meeting lacked mention of a second to the motion and the Council vote on approval of warrants, page 8 of the draft minutes. In further discussion, he noted that the Council served as unpaid volunteers, and asked that the clerk not record late arrivals of the Council in the minutes unless needed to keep a record of the voting on specific actions. Councilmember Becker moved the approval of the minutes as corrected. Councilmember Ross seconded the motion. All were in favor. ANNOUNCEMENTS: Mayor Pro Tern Potts received a call from Susan Armstrong inquiring about the lack of channel capacity in TCI's service to the City of Medina. Ms. Armstrong was particularly concerned about the channels that have been dropped by TCI. City Manager Schulze offered to contact TCI, review the franchise agreement with them, and ask to be provided information regarding their plans to bring Medina's service up to at least the level of the surrounding communities. He would anticipate a response within 30 days. Councilmember Daniel Becker reported on a recent Eastside Transportation Partnership meeting. He said they discussed legislative recommendations for 1997. The list Medina City Council Minutes January 13, 1997 Page 2 included encouraging adoption of the new gas tax and a redistribution of the motor vehicle excise tax, a study to reduce 405 congestion and the expansion of SR520. Although he tried to suggest broadening the scope of the study to look at the entire east - west corridor traffic congestion including its source points to the north, the Bellevue contingent prevailed on the expansion focus. ETP endorsed it over his negative vote. He advised the citizens to be aware that this may again become an issue in the legislature. Councilmember Cory reported the receipt of several calls with individuals who were very unhappy with the no -right -turn from 16th Street onto 77th Ave NE. He wanted to revisit the question at the next Council meeting. Councilmember Ross said that the sign solution was selected because it was at the lowest level of conflict and cost. He felt that the City should not be deterred by three or four complaints, because the next steps would be increasingly more expensive and complicated. After further discussion, the Council determined by common consent to place the item on the March agenda and ask the residents to again discuss the issue and return with recommendations for discussion at the Council meeting. Councilmember Becker mentioned that the METRO Sounding Board recommended that the 253 bus route be maintained. He said that he had been informed that the METRO staff was lobbying hard to have the route discontinued. He suggested that citizens may want to let the King County Councilmembers know that they supported the Sounding Board's recommendations and encourage their adoption by the County Council. City Attorney Wines asked the Council if they would like to schedule a joint workshop with the Planning Commission to deal with some of the work items identified in the current moratorium. By common consent the Council chose January 22 at 7:00 PM as the date and time for a joint workshop with the Planing Commission. Chief Joe Race presented Medina's newest police officer, Emmet Knott, to the City Council. He then administered the oath of office to Officer Knott. The Council welcomed his appointment. AUDIENCE PARTICIPATION There were no members of the audience wishing to speak on topics other than those on the agenda. DISCUSSION LEOFF I RETIREMENT, BELLEVUE FIRE CONTRACT City Manager Schulze presented a brief staff report. He had anticipated a representative from the City of Bellevue, but did not see anyone in the audience to speak on the issue. Bellevue had estimated future medical benefits for the LEOFF I Medina City Council Minutes January 13, 1997 Page 3 retirees at $18 - $23 Million in 1995. In 1996, the Bellevue Council changed their philosophy of deferring payment until the liability was actually incurred, and created a fund to reduce the future liability. They have asked the City of Medina to set -aside what they have determined to be Medina's fair share of the fund created to date. That amount for 1997 has been determined to be $8,828.50 to be matched in 1998 by a similar amount. Mayor Pro Tem Potts suggested that the Council address the issue later in the meeting upon arrival of a representative from Bellevue. SPRINT APPEALS RULES AND PROCEDURES City Attorney Wines referred to a set of rules and procedures for closed record appeals from the Planning Commission. The list was made available at the beginning of the meeting. He described the document's provisions and asked for Council input. He asked that the Council also consider proposed Ordinance No. 620 which would limit the people to be notified of appeals hearings, excluding those who only signed petitions or form letters. He also suggested that the Council select a date for hearing the appeal. Responding to Mayor Pro Tern Potts inquiry as to his role, Mr. Wines responded that he is allowed to advise the Council, allowed to submit a brief, but not to take a partisan position. He said that his role was to make sure that all of the issues are fairly outlined for the Council's consideration. Councilmembers discussed the role of the City Attorney, and whether or not there was need for outside counsel to represent the Planning Commission. City Attorney Wines responded that he felt the commission would not need their own counsel. He said the City's planning consultant's would be submitting a memorandum that would explain the commission's actions and reasons for those actions, the background and the historical background of the commission's actions, and a recommendation as to whether or not the Council should grant the appeal. Councilmember Ross asked where the burden of proof lies. Attorney Wines responded that the burden would lie with the applicant, who must prove to the Council, just as they tried to do with the Planning Commission, that they are justified in their request. He suggested that that point be incorporated into the rules of the appeal. Councilmember Cory suggested that proposed Rule 3.3 dealing with timelines be amended to delete the strict compliance with the timelines. He suggested using working days, excluding holidays, etc. rather than the language as originally drafted. The Council agreed by common consent with this proposal. City Attorney Wines addressed a letter submitted by Sprint that claimed the Council only had 60 days in which to conduct a closed -record appeal, which would expire early in February. Attorney Wines advised the Council that they should feel comfortable setting the appeal for anytime during the month of February. He interpreted the law as giving the Council sixty days beyond the original 120 days allowed to make a decision on an application. Medina City Council Minutes January 13, 1997 Page 4 Councilmember Ross questioned who would determine whether or not an item presented in a brief or oral argument was a part of the record developed to date. City Attorney Wines said that it would fall to him or the Mayor, the presiding official, to make that determination. He said that he would be reviewing all of the briefs and sending them back for redrafting if they did not meet the appropriate standards and rules of the appeal process. Mr. Wines suggested that the language be modified to state that parties would have to submit briefs ten working days before the hearing. He could then review them and submit a brief within five days of the appeal hearing pointing out issues, flaws, alternatives, etc. Councilmember Becker asked if the language requiring a transcript could be modified to allow the Council to waive that requirement. Councilmember Morgan added that they should also consider the case where a private citizen was appealing a decision. The expense of the transcript may be greater than the value of the improvement. Councilmember Cory advised that a transcript in the case currently before the Council was almost mandatory to allow the Council to access the developed record in an unbiased manner. The Council consensus was to incorporate the latitude to waive the transcript requirement. Mayor Pro Tem Potts summarized the Council position that independent counsel was not needed to represent the Planning Commission. Councilmember Cory added that a member of the Planning Commission should be keyed to be an advocate for the commission's position. Susan Lawrence, 822 Evergreen Point Road, posed questions regarding the proposed rules, i.e., what if new information was available that is pertinent to this decision, but was not available at the time of the Planning Commission hearing, and can additional materials be presented if they pertain to materials already presented. City Attorney Wines responded that no new information would be allowed. He invited Ms. Lawrence to submit any new information to him to determine its relevance, but he doubted that anything new would be included in the closed -record appeal. He further responded that anything previously submitted to the Commission could be submitted to the Council, along with an argument in a brief or oral argument as to why the Council should consider it. Ms. Lawrence concluded with a recommendation that the Planning Commission meet with an attorney who can prepare and submit a brief on their behalf. Mayor Pro Tem Potts invited Ms. Lawrence to be a spokesperson and clearing point for citizen input, so that Mr. Wines' time was not spent responding to the same question multiple times. Councilmember Becker moved that the Council adopt the proposed rules as amended during discussion. Councilmember Cory seconded the motion. All were in favor. The Council discussed appropriate dates and selected February 24 at 7:00 PM for the appeal hearing. Councilmembers Cory and Morgan announced that they would not be participating in the hearing. Medina City Council Minutes January 13, 1997 Page 5 ORDINANCE NO. 614 - AN ORDINANCE AMENDING MEDINA MUNICIPAL CODE SECTION 17.24.010 AND 17.28.010 TO ADD NEW PROVISIONS REQUIRING INCREASED SIDE YARD SET BACKS FOR LARGER LOTS, ADDING ADDITIONAL SIDE YARD SET BACK RESTRICTIONS FOR TWO OR MORE STORY RESIDENCES AND DECREASING THE PERCENTAGE OF LOT COVERAGE ALLOWED AS THE SIZE OF THE YARD INCREASES The City Council briefly discussed a process for advancing the preparation and consideration of this ordinance. They determined to have staff collect samples of similar ordinances from other cities, arrange a date for the Council committee to meet and review the ordinances, and invite Bob Burke or someone from the Planning Commission to meet with the Committee and help understand the background of the proposed ordinance. Mayor Pro Tern Potts opened the public hearing. Councilmember Cory moved to continue the hearing to the next scheduled regular Council meeting. Councilmember Benz seconded the motion. All were in favor. DISCUSSION AWARD OF 80TH AVE/18TH ST. LANDSCAPING CONTRACT City Manager Schulze reported that he had met with residents along 80th Ave., and that Mayor Taylor and the Mayor of Hunts Point had met in an effort to resolve the continuing concerns of Hunts Point residents regarding the drainage project on 80th Ave. He said that the Hunts Point Town Council had met and agreed to pay for 1/2 the cost of piping the drainage project. Their concerns were still centered around appearance as well as safety issues. They've asked that the Medina Council consider piping the swale. He asked that the Council consider this information and provide some direction to staff. He also noted that if the swale were piped, the City's engineer recommended retaining the check dam and filter pond features. Councilmember Morgan agreed that the filter pond be retained and allowed to function. He further suggested that Medina pay for 1/2 the cost of piping and covering the swale. City Attorney Wines reported from his observations at the last Hunts Point Town Meeting that this is an emotional issue for the Town and some of its residents. He advised that if the City proceeds without offering some compromise, then relations with the Town would be damaged. Mayor Pro Tern Potts suggested that the City obtain cost estimates on piping the swale and providing more mature plantings. With this information, she hoped that Hunts Point would be prepared to make a commitment to a course of action. City Manager Schulze noted that a letter from Mayor Eade had stated that she had her Council's authority to commit to 1/2 the cost of piping the swale. It was Council consensus to invite Mayor Eade to discuss the alternatives and costs with the City Council at the next meeting. RESOLUTION NO. 244 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A LABOR AGREEMENT WITH PUBLIC ,PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO 763 (REPRESENTING LAW ENFORCEMENT OFFICERSI Medina City Council Minutes January 13, 1997 Page 6 PUBLIC WORKS SUPERINTENDENT VACANCY - ORDINANCE NO. 619 - AN ORDINANCE ESTABLISHING A CLASSIFICATION AND SALARY RANGE FOR DEPUTY CITY CLERK EMPLOYMENT AGREEMENTS/CONTRACTS -- CHIEF OF POLICE CITY CLERK, CHIEF BUILDING OFFICIAL/CODE ENFORCEMENT SERVICE Mayor Pro Tem Potts announced that these items would be discussed in executive session near the conclusion of the regular meeting. ZONING RIGHTS LEGISLATIVE LOBBYIST City Manager Schulze reported that he had received no written responses to his solicitation for lobbyists to represent the City's concerns over the telecommunications and SR520 issues. Chris Clifford, 2120 S. Talbot, Renton, presented himself as a candidate for the position, and described some of his qualifications. The Council discussed the need for a legislative lobbyist and reiterated its authorization for the City Manager to hire an appropriate consultant. GOAL -SETTING FACILITATOR City Manager Schulze described the process that he had gone through in soliciting and rating potential consultants for the Council's goal -setting session. The Council discussed some of the submitted materials. Wilma Edmonds, 7721 24th Ave. NE, suggested that the Council approach Jeanne Carlson who resides on 79th Ave. She said that Ms. Carlson was experienced in this line of work and would very likely be willing to donate her time as a service to her community. The City Council directed the City Manager to make an appropriate selection. APPOINTMENTS: BOARD OF ADJUSTMENT, PARK BOARD AND EASTSIDE TRANSPORTATION PARTNERSHIP (ETP1 The City Council briefly discussed a selection process for the Board of Adjustment vacancy. Mayor Pro Tem Potts suggested that the Council Personnel Committee interview the candidates and make a recommendation to the Council as a whole. She asked that staff set up the appropriate appointments and schedule a time for the committee to meet. The Council agreed by common consent. Mayor Pro Tem Potts recommended the appointment of Claudia Stelle Widgery to fill the expired term on the Park Board. Councilmember Cory made the motion to appoint. Councilmember Morgan provided a second to the motion. All were in favor. Medina City Council Minutes January 13, 1997 Page 7 Councilmember Cory moved to re -appoint Councilmember Becker to the ETP. Councilmember Benz seconded the motion. All were in favor. The Council expressed appreciation for his efforts during the past year. AUTHORIZATION FOR MAYOR TO SIGN LETTER OF SUPPORT FOR EASTSIDE SOUNDING BOARD SIX YEAR PLAN - 1997 SERVICE IMPLEMENTATION Councilmember Becker strongly urged the letter to include support for the METRO Sounding Board's recommendations to both Rob McKenna and Maggi Fimia with copies to the other Points Communities asking that they also send similar letters. Councilmember Cory moved approval. Councilmember Morgan seconded the motion asking that a copy also be sent to Dan Bray. All voted in favor of the motion and second. STAFF REPORTS FINANCE REPORT Councilmember Morgan noted that the December warrants included payment for the labor relations negotiator and an accountant who had investigated the retirement funding for the former City Manager. He said that they were legitimate expenses, and was only commenting to bring to the Council's attention that they were now being paid. He moved the approval of City general expense warrants Nos. 9966 - 10071, excluding voided warrants 9967, 10014 and 10044, the approval totaling $122,016.82. He then moved the approval of personnel warrants - 15121 through 15176 inclusive for a total of 81,164.58. Councilmember Benz seconded the motion. All were in favor. POLICE DEPARTMENT Police Chief Race reported the occurrence of several car prowls at the Evergreen Point Park-n-ride, a stolen Volvo that was subsequently recovered, several mailbox thefts, and some rocks dropped off the Evergreen Point Road overpass of SR520 resulting in injury to a bus driver. Councilmember Ross asked for a comparative analysis of the past year with previous years' crime and activity statistics. Chief Race noted that the statistics were readily available and agreed to provide the Council with such a report. Continuing a discussion from the previous month's Council meeting, the Council discussed traffic congestion on 84th Ave NE and the on -ramp situation on 84th at SR520. Council consensus was to invite Fred McConkie, former Councilmember in Hunts Point, and now resident in Medina to provide background on Hunts Points work efforts involving 84th and SR520. Chief Race offered to speak to Mr. McConkie. Medina City Council Minutes January 13, 1997 Page 8 OTHER/NEW BUSINESS ZONING OF SR520 Councilmember Becker asked that staff be instructed to place the zoning of SR520 on the next Planning Commission agenda. City Manager Schulze agreed to speak with Bob Burke about addressing the issue on the next commission agenda. ORDINANCE 620 - AN ORDINANCE AMENDING SECTION 5 (K) OF ORDINANCE NO. 608 TO ELIMINATE ANY REQUIREMENT TO GIVE A NOTICE OF DECISION TO PERSONS WHO HAVE ONLY SIGNED PETITIONS OR MECHANICALLY PRODUCED FORM LETTERS RELATING TO AN APPLICATION. City Attorney Wines asked the Council to consider the ordinance which would reduce the distribution required for a notice of decision issued by the Planning Commission or City Council. Councilmember Morgan moved the approval of the ordinance as submitted. Councilmember Becker seconded the motion. All were in favor. EXECUTIVE SESSION At 9:35 PM, Mayor Pro Tern Potts announced that an executive session would convene to discuss the previously identified issues. The Council anticipated reconvening its regular session at 10:00 PM. REGULAR SESSION The City Council reconvened the regular session at 9:55 PM. Councilmember Cory moved the approval of Resolution No. 244 as previously described. Councilmember Ross provided the second. All were in favor of contract approval. Councilmember Cory moved the adoption of Ordinance No. 619 as previously described. Councilmember Becker seconded the motion. All were in favor. ADJOURNMENT At 10:00 PM, the City Council adjourned the regular Council meeting by common consent. 41 a7 Susan Potts, Mayor Pro Tern Attest: rwood T. Edvalson, City Clerk