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HomeMy WebLinkAbout02-10-1997 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES February 10, 1997 7:00 PM Medina City Hall 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 moved the approval of the minutes from the January 13, 1997 meeting. Councilmember Benz provided a second to the motion. The motion was approved unanimously. ANNOUNCEMENTS: Mayor Pro Tern Potts announced that Mayor Taylor was in Washington, D.C. attending a seminar on local planning and cell towers. She also announced that the Council would be adjourning to an executive session to discuss personnel issues at the conclusion of the regular agenda. She also noted that TCI had reinserted C-SPAN to their channel lineup and asked the City Manager if there was further word on TCI's service to Medina. City Manager Schulze responded that he had yet to receive a response to his earlier correspondence with TCI. City Attorney Wines reported that he had a revised draft of the wireless facilities siting policy that he would like to distribute to the Council for review. He asked that at the conclusion of the regular agenda the Council take time to review the changes in the current draft and determine their desire to send it on to the Planning Commission for review. Medina City Council Minutes February 10, 1997 Page 2 City Manager Schulze announced that the Council had received a letter from Ron Santi, who was unable to appear in person. Mr. Santi asked that the Council consider his letter as a non -agenda item. AUDIENCE PARTICIPATION Asked by Mayor Pro Tem Potts to report on Mr. Santi's letter, City Attorney Wines explained that Mr. Santi asked for a continuance of the February 24 hearing of the City Council on the Sprint Appeal at the TCI tower site. The reason stated was the unavailability of the written record and transcripts for review and reference in preparing briefs for the Council's consideration at the appeal hearing. Mr. Wines explained that significant work had been done by the City Clerk to prepare the written documentation, but that the transcripts had only recently been received. He mentioned that due to a significant number of readily visible errors it was advisable that the City Clerk compare the transcripts to the meeting tapes for accuracy. Mr. Wines also reported that those meeting the deadline for submission of briefs were Foster, Pepper & Shefelman, Susan Lawrence, Ron Santi, and Rusty Roetman. He advised the Council that they delay the hearing the shortest period of time, at least two but hopefully less than four weeks, and reschedule the meeting as soon as a quorum of Councilmembers could be convened. He said that he had advised Sprint's attorneys to have someone at the meeting to voice their objections, if any. He explained that he had received a short memo from Sprint that he would read into the record if a representative was not forthcoming. Susan Lawrence, 822 Evergreen Point Road, explained that she felt her submitted brief was incomplete because she was unable to reference the transcript of the meetings. She requested a period of two weeks after the date the transcripts were corrected to finalize her brief. City Attorney Wines read a footnote from a brief submitted by Sprint saying that he had advised Sprint of the need to transcribe the tapes. In it they repeating their objections at having to prepare a transcript and objecting to any continuance of the February 24 hearing date and delay of a final decision. Mr. Wines recommended that those filing briefs have an additional week after the corrected transcripts were completed to finalize their briefs. He said the Council's rules for appeal then provided for an additional two weeks prior to the hearing during which a brief from the City Attorney and response from the applicant could be filed. The rules allowed for the Council to have the briefs in hand for review at least four days before the hearing. The rules also provided that the Mayor set the date of the hearing. Mr. Wines final recommendation was that the City Clerk contact the Mayor when the written record was complete to set a date three weeks later when a quorum of the Council could convene to hear the appeal. Chris Clifford, the City's consultant on legislative activities, presented some information regarding cellular communications and SR520. He stated that there was little state activity currently on the cellular issue, but that there was a great amount of activity at the federal level. He reported that a declaratory ruling had been filed with the FCC asking Medina City Council Minutes February 10, 1997 Page 3 that all state and local moratoriums be ruled void. He suggested contacting the Governor's office to voice objection and seek assistance in defeating the ruling, since the state authority would also be pre-empted. He also reported that there was great difficulty for the proponents of an SR520 study in determining the source of the estimated $20 Million to fund the study. He said that there were several factors that currently make it difficult in Olympia to find the funding. He continued by saying that one of the sources might be a gas tax increase which was up for hearing that week. Susan Lawrence, 822 Evergreen Point Road, said that Mayor Taylor was in Washington, D.C. meeting with federal legislators on the cellular issue asking them to make a statement in opposition to the petition for declaratory ruling before the FCC. She also said that the Governor's office had indicated interest in having a Mayor's conference on this issue. DISCUSSION Mayor Pro Tern Potts announced changes to the agenda. She said that without objection, Ord. No. 614 would be handled as the third item of business. PRESENTATION OF BY THE MEDINA CIVIL SERVICE COMMISSION Paul Demitriades, Chair of the Medina Civil Service Commission introduced the other members of the Commission as Holly Holman, John Dern-Palmer and Carol Wedlund, Secretary/Chief Examiner. He said that the Revised Code of Washington provided that any jurisdiction with a police department must have a civil service commission. He explained that their purpose was to establish a fair and orderly testing process for new officers, certify eligibility lists for hiring, and provide a quasi-judicial forum for hearing civil service protests. Carol Wedlund provided information regarding new testing procedures that were intended to provide better candidates for vacancies. Mr. Demitriades concluded the presentation with a request that the Council fund approximately $500 to pay for the Commission's attendance at the state civil service commissioner's annual conference. LEOFF I RETIREMENT, BELLEVUE FIRE CONTRACT City Manager Schulze gave a brief staff report. He said that the payment of the LEOFF I benefits were for personnel costs associated with past services provided the City of Medina. He said that the Bellevue City Council had recently changed their philosophy to fund the liability now, rather than requiring future generations to fund the costs. He said that this change was what precipitated the request that Medina set -aside funds to mitigate those future costs. The requested amounts were $8,825 in 1997 and 1998. Medina City Council Minutes February 10, 1997 Page 4 Karen Reed, Bellevue Intergovernmental Relations Manager, addressed the Council explaining Bellevue's position on the issue. She reiterated the position that the request was a legitimate obligation of the City and should be a part of the City's contract payment. Asked to express his opinion, City Attorney Wines said that he was not sure if this was a covered expense under the existing contract, and that setting -aside the funds might weaken the City's position in the upcoming negotiations for a new contract. By group consensus, the City Council expressed that they had sufficient funds already in reserve and did not need to specifically earmark those funds. They also felt that the issue was a topic for the upcoming negotiations. They expressed their opinion that the City was ready to negotiate the new contract, but recognized that the other Points Communities must also be prepared before negotiations could begin. ORDINANCES 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 Councilmember Benz reported on the meeting of the special committee of the Council assigned to study this ordinance. They studied several ordinances from other communities, met with City Planner, Bob Burke, and recommended that the Council approve the ordinance as proposed. The committee had some discussion about increasing the side yard setbacks, but felt that the issue could wait for future proposed legislation dealing with the R-16 zone. In further discussion, Councilmembers raised concerns about the effect of the ordinance on remodels, potential for creating non -conforming houses in various zones, maximum house size, the relatively few number of lots impacted by the proposed legislation, measurement of building height, lot coverage to floor area ratios, side yard setbacks, etc. Not having received a copy of the proposed ordinance language reviewed by the special committee, the Council elected to take no formal action on the committee's recommendation. City Planner Bob Burke was instructed to approach the University of Washington, or some other source to obtain graphic examples of the impacts of the proposed ordinance. Councilmember Ross offered to contact resources in the Architecture Department. By common consent, the ordinance was tabled for further study and discussion. DISCUSSION 80TH AVE. NE DRAINAGE AND LANDSCAPE PROJECT Mayor Pro Tern Potts introduced Erselle Eade, Mayor of Hunts Point. Mayor Eade introduced Allan Newbill, City Engineer, and Mr. Anderson, a resident on 80th Ave. Mr. Medina City Council Minutes February 10, 1997 Page 5 Newbill presented the Hunts Point position on the project and asked that the discharge point and quarry spall section be moved a little further away from the street. He also requested that the City change the deciduous trees around the settling basin to evergreen for year-round screening, plant more mature landscaping, place a fence around the settling basin, and re -pave the street shoulder to restore parking on that side of the street. The Hunts Point Council had anticipated paying for 1/2 the cost of piping and covering the drainage swale, around $12,500.. Mayor Eade declined to pay for any costs of additional landscaping. City Manager Schulze said that he would provide Hunts Point with the revised construction costs for their review and discussion. Mayor Pro Tem Potts thanked the Hunts Point representatives for their participation and concluded the discussion by saying that the City would take no further action until they had received word from Hunts Point on this issue. 84TH AVE. NE AND SR520 ON RAMP With representatives of Hunts Point present, Council asked if the City of Medina could be included in discussions that the Town of Hunts Point had with the Washington State Department of Transportation (WSDOT) to resolve the traffic issues at the 84th Ave. NE and Points Drive intersection and on ramps to SR520. After understanding the Medina Council's concern with the new on ramp restrictions resulting from the Hunts Point traffic improvements, Mr. Newbill volunteered that WSDOT had agreed that if the on ramp problems with people using the wrong lanes for quicker access to SR520 continued after the improvements, they would come back and replace the curbing to divide the traffic lanes approaching the on ramp. Mayor Eade ended by inviting further comment from Medina, if the City wished to enter into further dialogue on the issues. Mayor Pro Tem Potts asked the Public Safety Committee to meet with resident Fred McConkey to discuss the issue. Councilmember Ross volunteered to contact Mr. McConkey and solicit his input. REGIONAL GOVERNANCE AND FINANCE PLAN City Manager Schulze presented a summary of the Suburban Cities plan for improved local government. The intent is to identify the respective responsibilities of County and municipal governments in order to eliminate overlapping responsibilities and services. The Council voiced support for the plan. Councilmember Morgan asked about the study to reintroduce of Medina's own municipal court. City Manager Schulze responded that a detailed report would be submitted and anticipated the information would reflect the cost per filing, both current and anticipated costs. RECOMMENDATION/SELECTION FOR BOARD OF ADJUSTMENT VACANCY Mayor Pro Tem Potts explained how the Council Personnel Committee met with each of the applicants for the position. She said the committee felt the group of candidates were excellent in quality. The committee recommended Suzanne Cohen to the Council Medina City Council Minutes February 10, 1997 Page 6 explaining that they believed she would best represent the City Council's interest in granting as few variances as possible and provide good balance to the board. City Manager Schulze offered to draft a letter for signature appointing Ms. Cohen to the Board of Adjustment. Councilmember Cory moved the appointment of Suzanne Cohen to the Board of Adjustment. Councilmember Ross seconded the motion. All were in favor except for Councilmember Morgan. He asked that the record reflect his abstention on the vote. GOAL -SETTING WORKSHOP City Manager Schulze explained that he had met with Ms. Carlson as recommended by Wilma Edmonds. For various reasons, he preferred Dr. Pendleton for the workshop, but was waiting to review a written proposal from Ms. Carlson before making a final decision. He asked that the Council select a date for the workshop. By consensus, the Council selected April 21 as the date for the workshop. STAFF REPORTS FINANCE REPORT Councilmember Morgan noted that the City was still receiving utility tax payments, although they would soon cease. He also mentioned a bill for the Polaris group to restore computer service after an accidental lockout. He asked that the finance committee continue to receive the billings from the consultants. Councilmember Cory asked that Lowell Erickson's billings be brought current. Councilmember Benz asked if we received sufficient benefit from participating in the Washington Cities Insurance Authority to warrant payment of our assessment. City Attorney Wines responded that the City more than received the value of its assessment in benefits. He cited the litigation with Sprint Spectrum and settlements with police officers, etc., as examples. Councilmember Morgan moved the approval of City general expense warrants Nos. 10072 - 10151 totaling $119,949.20. He then moved the approval of personnel warrants 15177 - 15226 excepting voided warrant 15216, for a total of $71,881.76. Councilmember Cory seconded the motion. All were in favor. POLICE DEPARTMENT Police Chief Race reported the resolution of a break-in at the elementary school. Involved local youth would be performing community service and making restitution. Chief Race informed the Council that the budgeted police vehicle had been purchased and would be delivered during the week. Councilmember Ross expressed appreciation for the statistical analysis of the past several years. Medina City Council Minutes February 10, 1997 Page 7 OTHER/NEW BUSINESS ORDINANCE NO. 621 - ADMINISTRATIVE VARIANCES Councilmember Cory provided historical background on the adoption of the existing ordinance for administrative variances. He said that the ordinance was intended to streamline the process for variances required on existing non -conforming residences. He felt that the City was spending too much on consultant review and proposed that the ordinance be amended to allow for approval by the City Manager. City Attorney Kirk Wines said that if the Council so chose, it would be appropriate to adopt an amendment to the ordinance, if the purpose was simply to amend Medina Municipal Code Section 17.60.030 to delete the word City Planner and insert the word City Manager. Councilmember Cory moved the ordinance change as read by the City Attorney. A second to the motion was given by Councilmember Ross. All were in favor. DRAFT STATEMENT OF SUPPORT FOR SR520 Councilmember Becker asked the status of a proposed letter from Bellevue in support of a study for SR520. City Manager Schulze responded that the representatives at the Mayor's breakfast appeared to be in favor of the study, but wanted to see the scope expanded. He assumed that the Mayor had not signed the letter. Councilmember Becker was concerned that the Washington Transportation Partnership(WTP) proposal was still on the table, and that once a study of SR520 was proposed then the WTP proposal for tolls on the Evergreen Point Floating Bridge would be revived. Councilmember Morgan suggested that the price for support of the Bellevue proposal should be to eliminate the WTP proposal. The Council consensus was to have Councilmember Becker and City Manager Schulze discuss the concerns for presentation to the other mayors. OVERLAKE DRIVE BRIDGE REPAIRS Councilmember Benz inquired as to the status of repairs to the Overlake Drive bridges. Assistant City Manager Edvalson responded that the state report had been turned over to Hedges and Roth for design of the repairs. TCI CABLE ISSUES Councilmember Morgan asked if we had received a response from TCI regarding the level of service received in Medina. He commented that both Seattle and Mercer Island received thirty channels more than Medina residents. City Manager Schulze reported that he anticipated a response soon from TCI. He said that the franchise agreement provided TCI a year and a half to bring the channel capacity up to parity. Medina City Council Minutes February 10, 1997 Page 8 REVISED DRAFT OF WIRELESS POLICIES City Attorney Wines presented Council with a copy of the revised draft of wireless policies. He proposed that the planning commission review the policies on February 25. The policies would then be returned for the Council's consideration at the March meeting in ordinance form. Both the Planning Commission and City Council would hold public hearings to approve and adopt the ordinance. He asked for any further input from Council so that he might incorporate it into the policy. The City Council indicated their desire to read the policies and contact Mr. Wines if they had further comments or questions. EXECUTIVE SESSION At 10:10 PM, Mayor Pro Tem Potts announced adjournment to executive session to consider personnel issues. She said it was anticipated that Council would reconvene to open session at 10:30 PM. Before adjourning, she complimented the City Clerk on the quality of the meeting minutes compiled the last few months. ADJOURNMENT The City Council reconvened the regular session at 10:30 PM, and adjourned by common consent. l/N A T'O-t Susan Potts, Mayor Pro Tem Attest: H ood T. Edvalson, City Clerk