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HomeMy WebLinkAbout04-14-1997 - MinutesMEDINA CITY COUNCIL REGULAR MEETING 411 11j1111=1' April 14, 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 Tem Potts. The Council meeting was recorded on audio tape. ROLL CALL: Present: Councilmembers Daniel Becker, Lynn Benz, Ray Cory, Thomas Morgan, and Mayor Pro Tern Susan Potts. Absent: Councilmember Grahame Ross and Mayor Taylor. City Staff Present: City Manager Doug Schulze, Police Chief Joe Race, City Attorney Kirk Wines, Deputy City Clerk Kris Finnigan MINUTES OF PREVIOUS MEETING: Councilmember Benz moved to approve the minutes from the March 10, 1997 meeting. Councilmember Cory seconded the motion. Councilmember Morgan noted that the minutes had an incomplete sentence on page 4. City Manager Schulze stated that City Clerk Edvalson had been made aware of the omission and had corrected the second sentence under LEOFF I AGREEMENT to read "The City Council briefly discussed LEOFF I issues." The minutes were then approved unanimously. ANNOUNCEMENTS: Councilmember Becker announced that there would be a Transportation Commission Meeting on Wednesday, April 16, 1997 at the Greenwood Inn, from 1:30 - 4:30 p.m. Councilmember Morgan announced that he had contacted Professor Cornelius Peck, University of Washington Law School to look at the issue of the constitutionality of the Telecommunications Act of 1996. He stated that Professor Peck is unable to help the City out at this time but encouraged the Council to proceed and recommended two other senior members of the University of Washington faculty who are versed in constitutional law. One of the parties was unable to accommodate the City's request and the other is out of the country at the present time. Councilmember Morgan stated that he will continue to pursue the issue. Medina City Council Minutes April 14 1997 Page 2 Mayor Pro Tern Potts announced that the Council would be going into Executive Session at the end of the meeting to discuss personnel matters and anticipated that it would last twenty minutes. Mayor Pro Tern Potts announced that she would be making a few changes to the agenda in order to accommodate persons who may be in attendance for particular issues. DIENCE PARTICIPATION There were no members of the audience asking to address the Council on items not on the Council agenda. STAFF REPORTS POLICE REPORT Police Chief Race reported that those in Medina live in close to a crime -free environment and asked that residents report any suspicious activities or persons. He stated that the Enforcement Officer had left for another position and that they are in the process of testing for a replacement at this time. On April 27th there will be physical and written testing at St. Thomas School. FINANCE REPORT Councilmember Morgan stated that he is going to try to give a minor analysis of the City's spending patterns on a monthly basis. He further explained that in March, consultant's expenses were $27,830, representing approximately 24% of the budget. Salaries and wages, including all consultants' and legal charges for the same period were $113,000 or 76% of the monthly outlay for the City. He pointed out that Medina is a labor intensive city with 30% of the outlay going to consultants and 55% to the regular salaried employees. Councilmember Morgan moved the approval of City warrants Nos. 10223 - 10303, except 10252 which was void, totaling $74,956.47. He also moved the approval of personnel warrants - 15276 - 15326, except for four voided warrants noted on the warrant register for a total of $72,344.03. Councilmember Cory seconded the motion. All were in favor. DISCUSSION CITIZEN REQUEST FOR STREET LIGHT ON NE 32ND ST. City Manager Schulze explained that the City had received a request from several residents along a portion of NE 32nd St. to install a street light approximately midway between 78th Pl. NE and 80th Ave. NE, and that representatives of all eight properties along the stretch of 32nd St. had indicated their support for the light with the concern being pedestrian and vehicular safety. The police department had concurred with that request and supports the additional lighting in the area, and City Manager Schulze Medina City Council Minutes April 14 1997 Page 3 indicated that the logical location for the light appears to be on the power pole on the south side of 32nd Street, near the trail entrance to Fairweather Park. He explained that the 1997 Budget anticipates increased energy costs for four additional street lights and that Puget Sound Energy will be responsible for the cost of installation. After discussion, Councilmember Morgan moved to accede to the citizens' request and install the light as discussed. Councilmember Becker made the second. All were in favor. LOBBYIST REPORT Chris Clifford, Olympia consultant on Transportation and Telecommunications Issues, reported that there had been a community meeting last month with the Washington State Department of Transportation at Clyde Hill. At the meeting it was stated that without a gas tax increase, monies would not be available for a study of the SR-520, and that the dynamics at the present time place this potential bill in trouble. Relative to Telecommunications, Clifford reported on the issues now being addressed in several other cities in our area. KING COUNTY COUNCILMEMBER ROB MCKENNA - LOCAL/REGIONAL TRANSIT SR520 - METRO BUS ROUTE 253 King County Councilmember Rob McKenna expressed his appreciation for the time given him to speak at this meeting. He gave a brief update on the work that he is doing relative to transportation issues, answered questions and wanted to know if there was any direction to be given him as our Representative on the Council and the RTA Board. He discussed transit service changes being considered and announced that a second hearing would be held on April 15, 1997, at the Transportation Committee Meeting. A Public Meeting in the community for the Eastside changes only is scheduled on Thursday evening, April 24, 1997, 6:30 - 9 p.m. at Bellevue City Hall. This meeting has been designed to give the Transportation Committee more input. After that meeting they will decide whether or not they want to accept the proposed changes. He encouraged anyone to attend and testify. Mayor Pro Tern Potts stated that individuals may indicate their desires in writing as well. Councilmember McKenna stated that Dan Bray from Clyde Hill has done an excellent job on the Sounding Board with which Metro Transit has been working and that they have been getting a great deal of feedback on the proposed changes. He explained that the Eastside is receiving 28,000 new hours of annual service this year and will pick up another 55-60,000 hours next year. He expressed concern, however, about the hours that are being moved through route deletions and consolidations. Regarding SR520, Councilmember McKenna stated that his goal is to be an effective voice for the Points Communities most directly affected in his district. He will be sitting on a panel that will be addressing the Washington State DOT Commissioners. He said Medina City Council Minutes April 14 1997 Page 4 that he will re -enforce the five major points that have been agreed upon with respect to any study that may be done by the DOT of cross -lake mobility, including: 1.) The WTP shall be officially and permanently eliminated as one of the conditions for getting a study; 2.) All four Points Communities should be major players with their participation measured by the impacts, not by the population; 3.) The MIS, if any, should contain a systems approach that addresses other options to SR520 expansion such as other routes north of the lake and other cross lake options. 4.) There should be environmental sensitivity towards areas in these communities such as the Wetherill Preserve. 5.) We should go ahead and complete safety fixes to SR520 regardless of other work that might be undertaken. Councilmember McKenna stated that last week at a Puget Sound Regional Council Transportation Policy Board they approved a list of projects for second stage ISTEA consideration, among which was SR520. Councilmember McKenna explained that he moved to change the description of the project, away from an SR520 Study to being a Cross Lake and Around the Lake Mobility Study, broadening and changing the scope. He stated that the change in scope was unanimously approved by the Puget Sound Regional Council Policy Board, with the concurrence of the DOT representatives present at that meeting. Regarding RTA, Councilmember McKenna said that the Director for Commuter Rail has been hired and we can expect a Director for Light Rail and the HOV Expressway, which includes buses, to be hired within the next two months. The Board has approved a draft of the implementation program which is the timeline for RTA implementation. There was discussion regarding a proposed Eastside Regional Justice Center which would include approximately a 350 bed jail, plus 6-8 courtrooms, roughly a $70-$80 million project. Councilmember McKenna expressed caution due to the significant costs involved. Relative to the Points Communities Municipal Court idea under study, Councilmember McKenna stated that he would be happy to assist in a consultative role or obtain information as needed. DEPUTY BUILDING OFFICIAL RETAINER City Manager Schulze reviewed the request by the Deputy Building Official for payment of an unbilled retainer, relating to Mr. Bowman's letter of request. The letter stated that Mr. Bowman had recently been looking through his paperwork and discovered retainer language in a contract that had been drafted was not signed by the City. City Manager Schulze stated that there was not a signed contract for this retainer but that this position is treated as a contract position or consultant position rather than a City employee position, but that he is paid at the rate of $75.00 per hour. He further explained that the City currently does not have contracts for its engineering, planning, nor landscape consultants, but that he would like to establish other contracts in the future. He said that Medina City Council Minutes April 14 1997 Page 5 the City does have a contract with the City Attorney that dates back several years. The Building Official contract is up for renewal and he is working with Mr. Erickson on that. During discussion Councilmember Cory stated that he felt that Mr. Bowman should have realized early on if he was not receiving the proper remuneration from the City and should have so advised the City at that time. Councilmember Cory said that he opposed approval of the request. Jim Bowman, Deputy Building Official, explained that the reason that he is a contract employee is that because when a person is doing building code enforcement, there are some special conditions that exist. One of these conditions is that he/she needs to be indemnified under the Uniform Building Code so that if, at any point, there is a problem with the building and the Building Official is not negligent, he or she is protected under that language. In the case of Medina, the reason that he did not become a contract employee is that E & O Insurance is prohibitively expensive for a private consultant and that private consultants do not normally obtain it in his line of work. He then stated that it was decided that by being an employee, that problem could be circumvented. Therefore, he became an employee at the same rate as a consultant. He explained his request for payment, expressing that it had been an oversight on his part and that, as a result of his error, would like to bill the City for 50% of the past retainer amount, minus the first 6 months which would amount to a total of $1437. After discussion, Councilmember Cory moved to deny the request. Councilmember Benz made the second. The motion carried with Councilmember Morgan voting nay. AWARD OF CONTRACTS 80TH AVE. NE DRAINAGE MODIFICATIONS Jay Hummel, Project Manager with Hedges & Roth, explained the 80th Ave. NE drainage modifications project. He stated that four bids were submitted and opened for the small works roster project on the 7th of April, with Bonner Brothers having the low bid of $14,780. He stated that they were recommending the contract award to Bonner Brothers and would attempt to sign the contracts before the next City Council Meeting, beginning work within three or four weeks. There was discussion relative to the sharing of the costs of the work with The Town of Hunts Point. City Manager Schulze's recommendation was to approve the total amount and then bill Hunts Point for their 50% share. Councilmember Morgan moved to accept the bid on Contract 97-2, for the 80th Ave. NE Drainage Modifications. Seconded by Councilmember Cory, the approval was unanimous. 80th AVE. NE & NE 18TH ST. LANDSCAPE IMPROVEMENTS Project Manager, Jay Hummel, explained that this project had been bid last fall, in combination with the 18th St. slide area that was going to be planted. He stated there was no decision at that point with Hunts Point on what would be done with the plantings. It was put on hold and more than 60 days passed, nullifying the bids. He stated that their recommendation would be to go out to bid next week to rebid the 80th Ave. Medina City Council Minutes April 14 1997 Page 6 landscaping with the reduced scope, in conjunction with 18th St. and also the Fairweather Nature Preserve improvements, all under one contract. MEDINA BEACH PARK PHASE I EXPANSION AND RENOVATION Project Manager Hummell reported that the bids for this project had been opened on April 8, 1997. Of the nine contractors on the bidder's list, only three bids were received with all of them being above the estimate and certain to run over the approved budget. He discussed the option of splitting the work out and rebidding the project. Discussion followed. Mayor Pro Tem Potts stated that it was the direction of the City Council to proceed with separating the work, bidding both out, realizing that they can be separated in terms of contractors and timing. It was determined that it would be the Council's preference to get Phase I done for the summer and possibly work on the remainder in the fall when people aren't using the park as much. Mayor Pro Tem Potts stated that if there is a possibility that the bids would be back and could be heard earlier than the next scheduled City Council Meeting, the Councilmembers would like to know. REVISED BOUNDARY - VIEW SLOPE HEIGHT RESTRICTION - R-16 Planning Commission Member David Krull explained that the overlay as described in the Council packet for this meeting came out of the Planning Commission's review of the Large Home Ordinance which the City Council is now reviewing. He explained that as the Planning Commission reviewed the R-16 zone, it became clear to them that certain segments of that zone had different needs and concerns so a subcommittee was formed which included Planning Commission Member Mary Odermat and himself. He said that they met with a group from Medina Heights and the proposal relative to a new zone, R- 16A, or Overlay Zone came out of that discussion. The maximum height would be limited to 20' in this new zone. Norton Carlson, 8740 NE 2nd PI. spoke on behalf of the View Slope Council, explaining the concerns of that group. Members of the public speaking on the proposed new zone were: Earl Johnson, 8711 Ridge Road, Anne Zubko, 8604 NE 6th, Norman Cotter, 602 Upland Road, Gary Corbett, 8405 NE 7th. At the conclusion of the discussion, the City Attorney was asked to prepare an ordinance for Public Hearing at the May 12, 1997 City Council Meeting, to include the boundary area as proposed, with the addition of the Blackbourn home at 8401 NE 7th St., and the 20' height restriction. INTERNET SERVICE/ACCESS City Manager Doug Schulze reviewed the benefits and options for Internet access at Medina City Hall. He explained that the total cost for the first year related to Internet Medina City Council Minutes April 14 1997 Page 7 access would be approximately $4,095, with an ISDN router. Future annual costs would be approximately $2,400. Speaking on the issue were Chris Peters, 3444 Evergreen Point Road, Vice President of the Web Offering Product Unit at Microsoft and Gary Corbett, 8405 NE 7th. Following discussion, internet service was authorized with two additional phone lines and modems for work stations. TCI UPGRADES & COMPLAINTS City Manager Schulze explained that he has had a number of complaints regarding the level of service that Medina residents are receiving from TCI, primarily related to the number of channels that are available in Medina. He explained that he feels that there is a legitimate requirement, based upon the franchise agreement, that the service provided in Medina be upgraded, due to disparity between service provided to Medina and 40% of the cities in King, Pierce and Snohomish Counties. He stated that the fifteen year contract was entered into in June of 1991. Jerry Rotondo, TCI General Manager/Bellevue, Redmond and Kirkland reported on a comparison of the channels provided in other areas. He stated that TCI is trying to assess what to do to accommodate the areas best and requested that we wait approximately three months for an engineering study that TCI is completing that is supposed to establish future upgrades. He also stated that they are exploring the possibility of bringing a fiber-optic line into the city. Residents Chris Peters, 3444 Evergreen Point Road and David Smith, 8905 Groat Point Road spoke to the issue. Mayor Pro Tern Potts stated that we need to understand what our contract means, especially in light of the mergers and requested that the City Attorney pursue this information. COUNCIL COMMITTEE REPORT: ORDINANCE NO. 614 - LARGE HOMES Mayor Pro Tern Potts gave a brief history of Ordinance 614 - Large Homes. She said that recently three City Councilmembers had taken a tour around the City of Medina with the Building Official to take a look at what is happening with the redevelopment of the City. Councilmembers Potts, Morgan, Benz and Cory have met as a subcommittee on this issue. Councilmember Morgan stated that the subcommittee has used the recommendations suggested by the Planning Commission for the revision of lots in the R-20 and R-30 zones only as the Planning Commission continues to look at changes to the R-16 zone. He explained that they have been looking at two areas: 1.) the total size of the building, to try to reduce the bulk and 2.) the proximity of the building to the side yard lines and the neighboring properties. Medina City Council Minutes April 14 1997 Page 8 There was discussion relative to gross floor area and volume. City Attorney Wines indicated that Hunts Point has a gross floor area statute that has been under attack in King County Superior Court for the past two years with a case that has now been settled. He expressed that this is a difficult ordinance to write and to enforce. He stated that what we are concerned about is the outside appearance and the impact that it has upon the neighborhood. He explained that gross floor area does not directly address that. Councilmember Morgan stated that he questioned whether or not 20' up was 5' too far to go before cutting back and there was discussion as to whether it was more desirable to look at a roof or a wall in some cases. Susie Marglin, 2623 Evergreen Point Road, spoke to the importance of the daylight plane and the possibility that in consideration of a person increasing the setback area, the height before cutting in would increase. Mayor Pro Tern Potts indicated that the intent at this time would be to go up to 15' with a 15' setback, and to 20' with a 20' setback. At the conclusion of discussion, the Council asked City Attorney Wines to put their intent into form after a tour of the area with Councilmember Morgan. WIRELESS COMMUNICATIONS FACILITIES POLICIES City Attorney Wines explained that this is mainly a rewrite, expanding on the discussion sections, with a some changes. He explained that he has added Section 10 on Setbacks, making it a formal policy to have 500' setbacks from a residential use or residential development as opposed to residential zoning. He discussed City Engineer Greg Hill's map relative to setbacks for cellular siting, pointing out that 500' setbacks allow the use of the golf course for siting as well as the side of the SR-520 Corridor, across from the school. He stated that right now the golf course is saying that they will accept wireless communications facilities. City Attorney Wines stated that the Section on Height is new, but the height of 35' is the same. The Section on Assignments and Subletting is new. The Application Section is new to make it clear that this applies to any land in the City. After discussion regarding Section 14, Permitting Fees, it was determined that the $5,000 fee now in effect should remain for the time being. Councilmember Morgan requested that Pg. 3, 2.2 read, "the use of public land is permitted," /not "encouraged."/ City Attorney Wines stated that Clyde Hill has declared a moratorium, in addition to Hunts Point having done so. They are seriously considering bringing up at the next Mayor's meeting that all of the Points Communities should extend their moratoriums and engage in some type of Regional planning. Councilmember Cory moved to pass the Wireless Communications Facilities Policies as discussed, with the Mayor entitled to sign after this night's changes were made. Seconded by Councilmember Morgan, the policies passed unanimously. Medina City Council Minutes April 14 1997 Page 9 City Attorney Wines stated that he will have an Ordinance ready for the May City Council Meeting . ORDINANCES AND RESOLUTIONS ORDINANCE NO. 622 - AN ORDINANCE AMENDING ORDINANCE NO. 553 - AN ORDINANCE ESTABLISHING A SMALL WORKS ROSTER PURSUANT TO RCW 35.23.352 City Manager Schulze explained that Ordinance No. 622 is housekeeping, upgrading some of the language so that it meets the Revised Code of Washington. Councilmember Cory moved the approval of Ordinance No. 622. Councilmember Morgan seconded the motion. All were in favor. RESOLUTION NO. 245 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR SURFACE TRANSPORTATION PROGRAM FUND EXCHANGE BETWEEN THE CITY OF MEDINA AND KING COUNTY City Manager Schulze explained that, at the present time, Federal Transportation dollars are not available to small cities because of the size of the projects but they are available to the counties because they are able to put together several projects in order to come up with the money. He said that what has been negotiated is that the county will agree to swap county road funds for the City's share of STP funds with the result to the City of Medina being approximately $75,000 in funds that would be made available. He further explained the two conditions for this agreement: 1.) We cannot use this money to reduce what would normally be spent on transportation related issues, and 2.) Within two months the City has to provide the County with a copy of an updated Six Year Capital Improvement Plan. Councilmember Cory moved the approval of Resolution No. 245. Councilmember Becker seconded the motion. All were in favor. RESOLUTION NO. 246 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON RELATING TO PURCHASES OF SUPPLIES MATERIALS AND EQUIPMENT WHERE THE COST THEREOF IS LESS THAN $15 000 City Manager Schulze stated that this resolution brings existing resolution into compliance. City Attorney Kirk Wines noted that this increase only relates to supplies and equipment, it is not Public Works. Councilmember Cory moved to approve Resolution No. 246. Seconded by Morgan. All were in favor. Medina City Council Minutes April 14 1997 Page 10 RESOLUTION NO. 247 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA WASHINGTON AUTHORIZING THE MAYOR TO SIGN A PUBLIC SECTOR SERVICE CONTRACT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF SEATTLE & KING COUNTY (EDC) City Manager Schulze explained the contract and that the contract and invoice had been sent to the City without any discussion from the County whatsoever. He further explained that he had some misgivings regarding the City's participation insofar as some of the Economic Development Council's goals or priorities are not necessarily consistent with the City of Medina's goals or vision. After discussion, by general consent, it was agreed to deny approval of Resolution No. 247. OTHER/NEW BUSINESS Councilmember Morgan provided a report on the SR-520 Bridge, summarizing the pontoons' poor condition, as witnessed in his tour of April 8, 1997. He stated that he believes that it is important for the Council to know this information because he and Henry Paulman believe that the bridge is in poor condition and liable to sink in a storm and there is not anything that can be done about it. He feels that could be a situation similar to the old 1-90 Bridge or the Hood Canal Bridge. He stated that he felt that the Council should be thinking about and working with the other cities in considering whether WSDOT should be making only the minimal repairs to that structure and then use the money - $88 million over the next twenty years to replace the bridge pontoons just as they are. Members of the Council expressed their thoughts and concerns. EXECUTIVE SESSION At 11:00 PM, the City Council adjourned to Executive Session to consider personnel matters.. ADJOURNMENT At 11:22 PM, the City Council reconvened the open session and adjourned the regular Council meeting by common consent. Attest: i ris Finnigan," eputy City Clerk Susan Potts, Mayor Pro Tem