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HomeMy WebLinkAbout07-14-1997 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES July 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 Potts. The Council meeting was recorded on audio tape. ROLL CALL: Present: Councilmembers Daniel Becker, Lynn Benz, Grahame Ross and Mayor Susan Potts. Absent: Councilmembers Ray Cory, Thomas Morgan and Dewey Taylor. City Staff Present: City Manager Doug Schulze, Acting Police Chief Doug Ambrose, City Attorney Kirk Wines, Asst. City Mgr./City Clerk Woody Edvalson MINUTES OF PREVIOUS MEETING: Councilmember Ross moved the approval of the minutes from both the Special and Regular Council Meetings of June 9, 1997. Councilmember Benz seconded the motion. All were in favor. ANNOUNCEMENTS: City Manager Schulze informed the Council that in response to their request for a meeting a letter had been received explaining that Senator Gorton's schedule was already full for his time in Washington State between legislative sessions. AUDIENCE PARTICIPATION Susan Lawrence, 822 Evergreen Point Road, informed the Council about a proposed bill before congress to ban moratoriums on wireless facility siting, including existing moratoriums. She felt that the Council should send a letter explaining the City's experience with moratoriums and how they've benefited the City. Medina City Council Minutes July 14, 1997 Page 2 Bob Rudolph, 1455 Evergreen Point Road, announced that the FMS (Flight Management System) was published in May and could now be used by the airlines. If followed properly, it would take the airplanes departing SeaTac and put them over the open water between Mercer Island and Medina. He added that the FAA had currently made its use optional rather than mandatory for airplanes equipped to use the system. He noted that from personal observation, it appeared less than 10 percent of the planes were using the system. Dr. Rudolph continued by reporting that SeaTac had a new air traffic manager by the name of Dan Boyle. He said he would consult with ECAAN's (Eastside Citizens Against Airplane Noise) and the City's joint consultant, Temple Johnson to see if a meeting between Mr. Boyle and the Council would be productive. STAFF REPORTS FINANCE COMMITTEE Councilmember Benz, a member of the Council Finance Committee, moved the approval of June finance warrants numbered 10467 to 10570, totaling $287, 026.58. She also moved the approval of June personnel warrants numbered 15421 to 15476 in the amount of $88,159.11. Councilmember Ross seconded the motion. All were in favor. POLICE DEPARTMENT Acting Police Chief Ambrose reported the occurrence of a number of car prowls and thefts concentrated in one neighborhood on one night. He noted that many residences had left their garages open and vehicles unlocked in driveways. He expressed appreciation to one of the City's residents who provided important information leading to the connection of these thefts to individuals arrested for similar thefts in Bellevue. Dale Dier, 1605 73rd Ave. NE, asked Chief Ambrose if there had been a resolution to an arrest made at NE 18th St. and Rambling Lane. Chief Ambrose responded that the incident apparently involved fisticuffs between two people. One was arrested. The incident was still under investigation, and further information was not yet available. Councilmembers discussed the need to increase information available to residents on police activities. They also asked that the patrol presence in Medina Heights be increased to calm the residents' nerves after the car prowls. ANNOUNCEMENTS Mayor Potts announced that the City Council would hold an executive session at the conclusion of the regular meeting's agenda to discuss fire contract negotiations and personnel issues. Medina City Council Minutes July 14, 1997 Page 3 PUBLIC HEARING TCI - CONSIDER IMPOSING PENALTIES FOR FRANCHISE NON-COMPLIANCE Hearing Continued from June 9, 1997.) City Manager Schulze reported that TCI representative, Bill Bennett, was out-of-town on vacation and not able to attend the meeting. He provided information regarding a meeting between Mr. Bennett, City Attorney Wines, and himself, wherein Mr. Bennett described the efforts in which TCI was engaged to interconnect the Medina and Bellevue systems. Mr. Bennett told them that the interconnect would be done in 2 months. The last remaining piece was to string fiber optic cable through Clyde Hill to connect Medina to the Bellevue system. When asked why the City had not yet pursued the imposition of penalties, City Attorney Wines responded that the Council direction had been to work to resolve the differences before imposing fines. Staff felt that the efforts made had been significant, and would provide a system upgrade before it may have otherwise been done. He added that with the promised interconnecting system the TCI tower at the Medina store would serve no further purpose and could be removed. Council asked staff to seek an update from one of the other TCI representatives. Councilmember Becker moved that the open public hearing be continued to the next regular meeting. Councilmember Benz seconded the motion. All were in favor. ORDINANCES AND RESOLUTIONS ORDINANCE NO. 628 - AMENDING ORDINANCE NO. 624 - NEIGHBORHOOD CHARACTER PRESERVATION - HEIGHT LIMITATION City Attorney Wines explained that his preparation of Ordinance No. 624 had exceeded the Planning Commission's desires to limit the height in the Neighborhood Character Preservation area within the R-16 zone. He said that the Planning Commission had asked that the Council consider this amendment to make the height limit as measured from the lowest point of original grade. Earl Johnson, 8711 Ridge Road, asked if the review of plans for a house across from the View Park had been completed. City Attorney Wines explained that the plans for the house had been submitted before the height limit was effective, that the plans were deemed to be complete, and the permit would be issued based upon the old ordinance. Mr. Johnson complained that by allowing the house to be built to the 25 foot level, the views from 4 or 5 homes on Midland Road would be ruined. He said the local community was very unhappy about the situation. Councilmember Becker moved the adoption of Ordinance No. 628 as presented. Councilmember Benz provided a second. The vote was unanimous. Medina City Council Minutes July 14, 1997 Page 4 ORDINANCE NO. 629 -AMENDING ORDINANCE NO. 608 - PROVIDING FOR APPEALS FROM THE BOARD OF ADJUSTMENT TO THE CITY COUNCIL City Attorney Wines reported that the Council had directed him to prepare this ordinance at the last Council meeting. It allowed for an appeal to the City Council from both the Planning Commission as well as the Board of Adjustment. He did not recommend passage of the ordinance because he was not convinced it was a good thing at the time. He said there were good arguments both pro and con on the issue. He suggested sending the proposed ordinance to the Board members to request their input. Mayor Susan Potts invited Board member Read Langenbach to comment on the issue. He felt that the real issue was the number of appeals that would be directed to the City Council. He felt that by making the appeal process easy most of the cases where people were emotionally involved would end up in front of the City Council. The Council should decide how many cases they wished to hear on a monthly basis. The Council took no further action on the ordinance. ORDINANCE NO. 627 - BUDGET AMENDMENT TO PAY FOR WAGE ADJUSTMENTS City Manager Schulze explained that the labor contracts with represented employees had been finalized. He reminded the Council that during the budget process the funds to provide for negotiated salary increases had been allocated to the City's Reserves Fund. He asked the Council to reallocate $31,761 to the General Fund to pay for the increased salaries. Without further discussion, Councilmember Becker moved the adoption of Ordinance No. 627. Councilmember Ross made the second. The motion was carried unanimously. RESOLUTION NO. 248 - SIX YEAR TRANSPORTATION/CAPITAL IMPROVEMENT PLAN Assistant City Manager Edvalson explained that the City was required to adopt a six year transportation improvement plan to be included in the State of Washington's considerations for its transportation projects. He noted that last year the City chose to combine all of its capital projects into one document called a Capital Improvement Plan CIP). A revised CIP, including new projects recommended by staff, was prepared for the Council's review and action. He affirmed that the document was for planning purposes, and that design or construction approval for individual projects was reserved to the Council at budget adoption. In order to conform with the state deadlines, the Council was supportive of adoption but expressed a desire to have the Council Public Works Committee review the document in detail. Councilmember Ross moved the approval of Resolution No. 248. Councilmember Benz seconded the motion. All were in favor. Medina City Council Minutes July 14, 1997 Page 5 DISCUSSION HTS-OF-WAY-- SOUTH END OF 84TH AVE. NE Mayor Potts re -ordered the meeting agenda to allow this item to accomodate residents in the audience. City Attorney Kirk Wines introduced the topic by summarizing the history of the right-of- way dispute between the City and the Krengels. He displayed on view -foil a drawing depicting the impacts on adjoining properties of various rights -of -way scenarios for the southern terminus of 84th Ave. NE. He said it was his hope to combine the history of the area with the legal research done to date to provide a more clear picture of the property ownership. Beth Clark of Foster, Pepper & Shefelman, attorney for Mr. and Mrs. Walter F. Krengel, Jr., summarized the background of her investigations concluding with her feeling that the existing evidence supports the Krengel's claim that 84th Ave. NE does not now extend to the water, nor was it intended to extend to the water when Lake Washington was lowered. Earl Johnson, 8711 Ridge Road, stated that he moved into Medina in 1948. He remembers the access to the dock at the end of 84th as having poor access. Private individuals paved 84th from Overlake Drive down to the Krengel's. He saw no reason to change the status quo. Dr. Walter F. Krengel, Jr., 103 84th Ave. NE, said that the property had been in use since 1936 or 1938. He felt that history showed the existence of a swimming dock and trail as access to the dock. He said that they had lived in symbiosis with the trail and dock for nearly 31 years. Mark Pigott, 1031 Evergreen Point Road, asked who was pushing the issue? He said he remembered the dock and path from his youth. Mayor Potts responded that the Krengel's had introduced the topic wishing to clear the title to their property. She said that the discussions had thus far been very amicable. The City Council concluded to discuss the issue again at their September meeting. MEDINA DAYS PARTICIPATION City Manager Schulze explained that the City of Medina had not officially been involved in Medina Days for several years. He felt the reason had been an issue of liability, but that discussions with the Washington Cities Insurance Authority (WCIA) indicate that the City would be covered for this activity. He said that one of the ways financially that the City could participate would be to finance a 20 minute fireworks display for $3,000 and pay for the barge from which the fireworks would be launched at $1,500. Medina City Council Minutes July 14, 1997 Page 6 Joseph Brazen, 3204 Evergreen Point Road, reviewed the recent history of the event where both donations and participation had been declining. He felt that there was a need for greater participation by the City in the event. He described the group's fund raising efforts to date and some of the projected activities. He suggested that the event be placed under the Park Board's direction or operated through the City Manager's Office. After Council discussion, Councilmember Becker moved that the Council authorize the expenditure of $5,000 for the fireworks display and barge for Medina Days. Councilmember Benz made the second to the motion. All were in favor. Councilmember Becker moved that the Council adopt Medina Days as an official City function, that the current year's activities be under the direction of the City Manager's Office, and that the Medina Days Committee be an advisory, participatory committee acting under the general authority of the City Manager's Office. Councilmember Benz seconded the motion, which was adopted unanimously. ACCESSORY STRUCTURES IN THE SETBACK City Attorney Wines provided a historical perspective on the issue. Approximately a year ago, members of the Planning Commission appeared before the City Council and made recommendations on how to treat structures in the set back. The Council had discussed the recommendations, but favored strictly maintaining the integrity of the setbacks. The City's Building Official had begun to again enforce the ban on structures in the setbacks, which had precipitated applications to the Board of Adjustment for variances. A recent applicant who had been denied a variance had appeared before the Council at the last meeting. The.Council had decided to discuss the issue again at the July Council meeting. Read Langenbach, 1659 Rambling Lane, suggested that the Council conduct a full hearing on the issue to include the City's consultants who have been studying and enforcing the relevant codes. He warned that in an effort to help some neighbors an ordinance may be created that may cause people to intentionally maximize the amount of buildable space on a lot and place it right against a lot line. After Council discussion on this item, the group consensus was to send the issue back to the Planning Commission to allow them to consider any new information and return a recommendation to the City Council. Mayor Potts asked staff to make it clear that the Council apologized for sending this issue back and for acting hastily on the Commission's initial recommendation. REMOVAL OF BIRCHES IN CITY RIGHT-OF-WAY-- NE 18TH ST. City Manager Schulze provided the background to this issue, noting that Puget Sound Energy had proposed to remove the birch trees under the power lines on 18th St. to reduce interference with the power lines. He reported that a letter from the City had been addressed to the residents who had property access from or through NE 18th St. advising them of this evening's discussion. He added that he had received a letter from Medina City Council Minutes July 14, 1997 Page 7 the Langenbach's requesting that a decision be postponed until they had had adequate time to fully investigate burial of the utility lines along that portion of NE 18th St. Their preliminary discussions with Puget Sound Energy and their neighbors were encouraging. Read Langenbach, 1659 Rambling Lane, said that the Gates project was willing to participate heavily in the burial of utilities and that the costs appeared to be reasonable. He asked the Council to defer a decision for at least 30 days on the tree removal until this undergound alternative could be fully explored. The City Council determined to delay any further decision until the September Council meeting. Dale Dier, 1605 73rd Ave. NE, expressed his adamant opposition to removal of the trees. He commented that birch trees were one of the preferred species in Medina's landscape ordinance. He complained that 5 or 6 years ago, Puget Power came through and mutilated those birch trees. He felt that no consideration was given to the aesthetics of the trees. Councilmember Becker asked if the City had any way to prevent Puget Power from trimming trees in the right-of-way. City Manager Schulze responded that franchised utilities were exempt from the permitting process for tree removal in the right-of-way. Mayor Potts noted that in their recent pass down Overlake Drive the trimmers had ruined a birch tree. She observed that the City has had the same discussion every year that the trees are trimmed in Medina. She said that Puget Power had discussed techniques with the Planning Commission when she served on that body, and the trimmers had abused all those standards. Councilmember Becker said that he had experienced Puget Power's tree trimming excesses. He felt the City should be able to control when they come in and that a plan should be provided outlining their intentions. Councilmember Ross suggested that the existing ordinance be amended to delete the exemption for franchised utilities because once their work was done, the effects were irreversible. Councilmember Becker suggested an emergency ordinance. City Attorney Wines asked that the Council continue with the meeting agenda and he would research the code and draft an ordinance for the Council to consider. APPOINTMENTS TO BOARDS AND COMMISSIONS City Manager Schulze explained that the partial terms on the Board of Adjustment for Nancy Price and Suzanne Cohen, and the partial term for David Krull on the Planning Commission had expired. He added that the terms for Laurie Haslund, Martha Woodman and John Bell on the Park Board had also expired. All but Laurie Haslund had expressed a desire for re -appointment. He recommended the re -appointment of the Board and Commission members to their respective positions. Medina City Council Minutes July 14, 1997 Page 8 Councilmember Ross moved the re -appointments. Councilmember Benz seconded the motion. All were in favor. RECRUITMENT SEARCH FOR CHIEF OF POLICE City Manager Schulze presented the staff report on this item discussing costs for a search by consultant at $10,000 to $30,000, or by staff at a cost between $2,500 to 10,000. He then moved on to address the potential for consolidation of police service with the Town of Clyde Hill. He showed a view -foil outlining comparative costs of service with agencies in Washington of comparative size. He concluded that the consolidation would probably not provide a large cost savings if any at all. He added that level of service issues should be considered as well. Henry Paulman, 1415 80th Ave. NE, spoke in favor of the consolidation of police services and other municipal functions. He felt the combined populations of communities may provide greater recognition for the Points Communities area. Following the Council discussion the council majority expressed disfavor with pursuing the consolidation of the police departments. Councilmember Benz spoke in favor of further study. City Manager Schulze mentioned that one other alternative that could be explored would be to provide for police services by contract to the Town of Clyde Hill. The Council concluded that it would be worth having the City Manager broach the subject with Clyde Hill. CANCELLATION OF AUGUST COUNCIL MEETING City Manager Schulze explained that the Council had often canceled their August meetings to allow for vacations. After a brief discussion, the Council decided to hold their regular meeting in August but asked Staff to poll the Councilmembers before the meeting to see if a quorum would be available. Henry Paulman, 1415 80th Ave. NE, asked if there was a state law requiring the Council to meet. Mayor Potts responded that the question was moot because the Council planned to meet. ORDINANCE NO. 630 - AN ORDINANCE REPEALING MEDINA MUNICIPAL CODE 12.20.110 (b) TO ELIMINATE THE EXEMPTION FROM THE CODE PROVISIONS GOVERNING TREE REMOVAL AND TRIMMING PREVIOUSLY GRANTED TO PUBLIC AND PRIVATE UTILITIES HOLDING A FRANCHISE FROM THE CITY FOR USE OF PUBLIC RIGHTS- OF WAY City Attorney Wines read verbatim the ordinance he prepared for the Council's consideration. The Council reiterated their desire to adopt this ordinance on an emergency basis. City Attorney Wines added and read Section 2 with the appropriate language to adopt the ordinance as an emergency measure. Medina City Council Minutes July 14, 1997 Page 9 Councilmember Becker moved the adoption of Ordinance No. 630. Councilmember Ross made the second. The vote was unanimous. NEW BUSINESS STEALTH TECHNOLOGY FOR WIRELESS COMMUNICATIONS FACILITIES City Attorney Wines provided pictures to the Council of some of the available technology available to make wireless communications antennas less obtrusive in the environment. He asked the Council if they wished to invite the providers to address them. The Council consensus was not to invite the providers to a Council meeting. COMMITTEE TO REVIEW ORDINANCES Mayor Potts reported that she had spoken with City Manager Schulze about putting together a citizens committee to review the City's ordinances and make recommendations to change or eliminate obsolete or confusing ordinances. The Council discussed the idea and listened to input from Staff. City Manager Schulze suggested that a collective effort by staff to identify issues and ordinances may provide some idea of the extent to which a committee may need to be involved. By common consent the Council agreed to this approach. SEVERANCE PACKAGE FOR JOSEPH RAC City Manager Schulze reminded the Council that in executive session the Council had authorized a severance package for Joe Race but that no action in open session had been taken to approve it. He then reviewed the provisions of the package for the Council. Councilmember Ross moved to approve the severance package in the amount of 45,000. Councilmember Benz seconded the motion. Approval was unanimous. EXECUTIVE SESSION At 10:30 PM, and under authority of RCW 42.30.110 Mayor Potts announced that the Council would hold an executive session with the City's attorney to discuss fire contract negotiations. She announced the session would conclude at 11:00 PM. ADJOURNMENT At 11:00 PM, the City Council adjourned by common consent without further action. T-6 - Susan Potts, Mayor Medina City Council Minutes July 14, 1997 Page 10 Attest: rwood T. Edvalson, City Clerk