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HomeMy WebLinkAbout05-11-1998 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES May 11, 1998 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 Becker. The meeting was recorded on audio tape. ROLL CALL Present: Councilmembers Lynn Benz, Suzanne Cohen, Tom Morgan, Susan Potts, Steve Preston, Grahame Ross and Mayor Dan Becker. Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Asst. City Mgr./City Clerk Woody Edvalson, Acting Police Chief Doug Ambrose ANNOUNCEMENTS Mayor Becker announced that the first meeting of the Trans -Lake Washington Study would be held at 1:30 PM on May 27, 1998 at the Museum of Natural History. He also announced that the Council would hold an executive session at the end of the Council meeting. City Manager Shulze reported that the City had officially notified TCI Cablevision that they were determined to be non -compliant with the franchise for cable television operations. He said that there had not yet been a response from TCI. CONSENT AGENDA Councilmember Potts requested that the Minutes from the Joint City Council/Planning Commission Special Meeting of March 30, 1998 removed from the consent agenda for discussion. Mayor Becker also indicated that the traffic study contract would be removed from the consent agenda and discussed at the conclusion of the Ordinances and Resolutions section of the Council agenda. The remaining items, described below with their corresponding agenda designations, were moved for approval by Councilmember Morgan: Medina City Council Minutes May 11, 1998 Page 2 B. Minutes from Adjourned Regular Council Meeting of April 20, 1998; C. Approval and acceptance of Warrants/Treasurer's Report for April 1998; The following warrants were submitted for approval to the City Council: April warrants #11282 - 11346 in the amount of $95,391.56. April personnel warrants #15956 - 16000 in the amount of 73,797.98. Councilmember Potts provided the second to the motion. All were in favor. Mayor Becker initiated the discussion on the Item A of the consent agenda. He noted that the item should read Joint Special Meeting of the Medina City Council/Planning Commission of March 30, 1998. Councilmember Potts noted that although she had not been present, the minutes had shown her making the motion for adjournment of the meeting. With the corrections as noted, Councilmember Cohen moved to approve the minutes of the Joint Special Meeting of the Medina City Council/Planning Commission of March 30, 1998. Councilmember Potts seconded the motion. Approval was unanimous. AUDIENCE PARTICIPATION Paul Demitriades, 2254 Evergreen Point Road, reported that he had been attending the 59th Annual Conference of the American Society of Public Administration. He said that he was impressed with the caliber of federal, state and local employees participating in the meetings and expressed confidence in the future state of government. POINT OF ORDER Mayor Becker announced that the Council would now conduct the Public Hearing on the Biglow Open Space Taxation Application. PUBLIC HEARINGS City Manager Schulze introduced the topic. He noted that the property owners at 2425 Evergreen Point Road had submitted an Open Space Taxation Application for approval by the City Council. He added that the Council Committee assigned to review the application and visit the site had completed their work. The property to be included under conservancy would qualify for a 90% reduction in property taxes. That property would not include the house nor the land immediately surrounding the house. The parcel under conservancy would be contiguous to another parcel that is also under conservancy. Areas of non-native vegetation would be revegetated with natural plants. Councilmember Morgan disclosed that he had known the applicants for many years, that he had received a phone call from them, which he did not take nor return. He offered to recuse himself if anyone felt there was a conflict. No one among the Council Medina City Council Minutes May 11, 1998 Page 3 or audience felt there was a conflict. City Attorney Wines indicated that without objection, there was no problem with Councilmember Morgan's participation in the deliberations. Speaking for the Council review committee, Councilmember Potts reported that the committe had reviewed the application and received a tour of the property with ample opportunity to ask questions. She expressed concern that the property might at some time be removed from the open space program and revert to developable land. She asked if the City could be given first right of refusal if the property were to be sold or developed. In spite of her concern, she recommended approval of the application. Councilmember Preston was also very positive about the application and endorsed its approval. Upon inquiry about available materials that the Council may not have seen, City Attorney Wines reported that the Council may not have seen a copy of the draft report from King County, Public Rating System Program. King County representatives have recommended approval of the application. He noted that the Biglows had modified their original application to increase the number of visits that could be made to the property to four times per year for six people at a time to make seasonal observations. The change would qualify the property for the highest reduction, which is 90%. The effective tax reduction is approximately $26,000 annually of which approximately $3,442 would be lost to the City. The Biglow's have also agreed to enter into a restoration plan to be approved by the City and County for replanting of native vegetation in the meadow and orchard areas of the property. Councilmember Ross expanded on the concern that the property could be removed from the program and eventually developed. The Council discussed possible options to increase the likelyhood that the property would be protected against any future development. Gene Duvernoy, Land Conservancy of Seattle and King County, Suite 525 615 Second Ave., Seattle, reported that the Conservancy had been in existence since 1989 and holds about 2,000 acres of property of various sizes. He said that they have now raised over $500,000 for enforcement of their easements and other interests on the properties in the Conservancy. He said that to date there had been no lawsuits nor infringement on their easements. He added that even if the property were taken out of the County's Open Space program, the conservation easement would remain in effect limiting the use of the property. That easement is granted in perpetuity. Henry Paulman, 1415 80th Ave. NE, expressed concern that there will be many properties that apply in the future for tax reduction. He suggested that the Biglow's might deed the property to the City of Medina in order to protect it from the possibility of future development. Susie Marglin, 2623 Evergreen Point Road, said that she lives near the subject property and feels that it will be a real asset to the community. She felt the Biglow action was an important opportunity to protect natural waterfront in the City. She asked Mr. Duvernoy Medina City Council Minutes May 11, 1998 Page 4 if a portion of the restoration could inicude butterfly habitat. Mr. Duvernoy said that he thought it might. He welcomed her contact to discuss the concept. Wilma Edmonds, 7721 NE 24th St., spoke in support of the application. She said that the combined Biglow and Roush properties would give the City in excess of nine acres of natural habitat. Anne Demitriades, 2254 Evergreen Point, also spoke in favor of the application. Ted Sullivan, King County Department of Natural Resources, 506 Second Ave., Suite 708, Seattle, said that property owners always had the option of withdrawing from the Public Benefit Rating System. The cost would be to pay the past seven years of property taxes, plus 12% interest as well as a probable 20% penalty as well. This would amount to about $150,000 in interest and penalties. Councilmember Ross expressed concern over the clause within the Open Space Agreement that allows for lot -line adjustments on the property. His concern was that the agreement language might allow an adjustment that could used to create developable property from the lots involved in the application. The Council discussed this issue, concluding that they would prefer to see the clause removed. Lucius H. Biglow, Jr., 2425 Evergreen Point Road, explained that there was historically a need to divide the original lot. He clarified that the conservancy easement applies to the whole property including the house. The Public Benefit Rating System (PBRS) applies only to the open space that qualifies for the program. He felt that the conservancy easement would protect the property from further development no matter what happened to the PBRS program. Gene Durvernoy, Land Conservancy of Seattle and King County, agreed that all parties would be willing to strike the lot -line adjustment provision. The Council discussed other matters of concern, particularly the order of succession for the conservation easement. Mr. Duvernoy agreed to insert Medina as a potential recipient of the conservation easement should the National Audobon Society or any local affiliate, the Nature Conservancy, or the Trust for Public Land fail to qualify for and accept the easement should the Land Conservancy of Seattle and King County be dissolved. Mr. Biglow concurred. Councilmember Morgan moved that the Council approve the application for Open Space Taxation pursuant to RCW 84.34.037 with the following additions: 1) that exhibit 9 be completed and contain seven pages or more; and 2) that the preliminary report of King County Natural Resources of April 22, 1998 including the conditions set forth in that report be a part of the application; and 3) that language be added to the application for the modifications for public access previously discussed; and 4) that the applicants submit an enhancement plan for approval to King County Resource, Lands and Open Space Section, and to the City of Medina City Council Minutes May 11, 1998 Page 5 Medina providing for the replacement of grass in the orchard area with native species, or other appropriate vegetation; and 5) that the applicants implement and maintain that plan in accordance with the terms of the application; and 6) that the City of Medina be added as a potential grantee to Section 13, paragraph b in the fourth position. Councilmember Potts provided the second. All Councilmembers were in favor. REPORTS PUBLIC SAFETY REPORTS Acting Chief Ambrose summarized the crimes reported in the City of Medina. He listed a theft of jewelry on Evergreen Point Road and an attempted forced entry on Rambling Lane. Theft of a credit card and its fraudulent use as well as a sighting of an individual going through mail boxes was also described. Chief Ambrose praised an alert citizen who was able to write down the license plate number of the person going through the mail. His report concluded with the inclusion of reports on juveniles drinking and an alzheimer's-related domestic violence situation involving yelling and shouting. POLICE CONSOLIDATION STUDY Councilmember Grahame Ross described the consultant report explaining that the consultants had concluded that the current lack of chiefs in both Medina and Clyde Hill presented a unique opportunity for consolidation of the juridictions' police services. They described several alternatives, but concluded that there were no apparent cost savings. He felt that the real opportunity for the two municipalities was to increase the communication between the departments through cooperative leadership. City Manager Schulze said that he had already met with Mitch Wasserman, the administrator from Clyde Hill, to talk about improving communications between the departments. Councilmember Ross moved to instruct staff to formalize an offer to David Lutter for the police chief position. Councilmember Preston seconded the motion. Councilmember Morgan introduced discussion on the motion, saying that he felt there was an opportunity for cost savings. He asked that a decision on the motion be held until the conclusion of the executive session. Councilmember Cohen moved to table the discussion until the conclusion of the executive session. All were in favor. POINT OF ORDER Mayor Becker announced that the next agenda topic would be the first item under Section IX. Discussion, of the agenda. Medina City Council Minutes May 11, 1998 Page 6 DISCUSSION AWARD OF CONTRACT - BEACH PARK LANDSCAPING City Engineering Consultant Jay Hummel explained the bid procedure on the landscape contract and some of the reservations that the City's landscape consultant had with the apparent low bid. The apparent low bidder had indicated an intent to substitute up to 70% of the specified plants on the bid specifications. Mr. Hummel reported that the next bidder had confirmed their ability to provide 90% of the plants specified. Councilmember Potts made a motion to find that Buckley Nursery was not a qualified bidder based on their inability to provide the specified plants identified in the bid specifications. Councilmember Morgan provided a second to the motion. All were in favor. Councilmember Potts moved that the $43,920 bid of The Perennial Gardener be accepted as the lowest responsible bid. Councilmember Cohen seconded the motion. Councilmember Ross moved to amend the motion to require that the Engineering Consultants review the bid portion for landscape irrigation to confirm no irregularities. Councilmember Benz seconded the amendment to the original motion. Both Councilmembers Potts and Cohen indicated their willingness to accept the amendment. The vote on the amended motion was unanimous. CONSIDERATION OF DRAINAGE IMPROVEMENTS ON 88TH AVE. NE Mayor Becker announced that this item would be discussed next. Assistant City Manager Edvalson provided a brief staff report. He explained that there was an area at the southwest corner of NE 10th St. and 88th Ave NE where the City Engineer had determined that the gutter had been improperly constructed, causing water that would normally have been drained to a catch basin to sheet flow across the street. The City had received complaints about a possible safety hazard due to the standing water. City engineering consultant, Bill Holladay had estimated the repair to cost approximately 4, 300. Councilmember Morgan moved to amend the 1998 CIP to include this project and recomended that the work be combined with other projects if possible. Councilmember Benz seconded the motion. The motion was passed unanimously. Councilmember Potts asked that the City look at the intersection of Overlake Drive W. and 84th Ave. to determine if a similar situation exists. POINT OF ORDER Mayor Becker moved the discussion back to the calendaring item under the reports section of the agenda. Medina City Council Minutes May 11, 1998 Page 7 REPORTS CALENDAR Councilmember Morgan asked for an update on the development of the Community Preservation Ordinance No. 614. City Manager Schulze said that staff had difficulty scheduling a meeting, but would try again immediately. Councilmember Potts asked that large Council agenda packets be broken into smaller parts to make them easier to handle. Councilmember Morgan asked if there was an emergency preparedness plan for the City and if there was a way to tie in the plans and concerns of the north Evergreen Point Road citizens. City Manager Schulze responded that the plan was approximately 90% updated and completed. He suggested that the process to address neighborhood specific plans be separate from the overall City plan, which was much more generic in nature, and could be handled in a meeting between the City Manager, Police Chief, and neighborhood representatives. Mayor Becker asked that a discussion on the Emergency Management Plan take place in June with adoption to follow at the July Council meeting. There was general Council consensus on this request. Councilmember Potts asked about the status of algae control in Medina Park ponds. City Manager Schulze responded that the Park Board had recommended aeration andv chemical treatment which would be pursued within the current year's budget. Councilmember Potts asked that a summary of the proposed action be included in the next agenda packet. Mayor Becker also suggested that the June agenda should include a summary from his meeting on the Trans -Lake Washington Study and an item for the adoption of the Mobility Action Plan from the Eastside Transportation Partnership. He offered to prepare the summary for the agenda. TELECOMMUNICATIONS COMMITTEE City Manager Schulze provided an update stating that the committee met recently and developed three elements that the committee recommended for action. One was the adoption of the resolution included in the Council packet. Another was to begin preparation of a design or specifications for design of a telecommunications infrastructure. The third was to begin specifications for an advertisement to bid for operation of a City -owned system. The purpose of the action is to underline the City's serious intent to upgrade its system and the telecommunications services provided to its residents. Councilmembers Morgan and Ross asked that they be kept apprised of all committee meetings associated with the telecommunications issue. Medina City Council Minutes May 11, 1998 Page 8 ORDINANCES AND RESOLUTIONS RESOLUTION NO. 252 - ESTABLISHING A TELECOMMUNICATIONS INFRASTRUCTURE At the conclusion of the previous discussion, Councilmember Benz moved the adoption of Resolution No. 252. Councilmember Potts made the second. All were in favor. Henry Paulman, 1415 80th Ave. NE, recommended that the City posture itself to go into the cable business and support undergrounding of its utilities. He added that he had conversations with the City of Tacoma who will bring in a fiber optic system that will handle cable TV, telephone, internet, meter reading, etc. He felt that Medina should take the same approach and be the owner of the system. CONSENT AGENDA TRAFFIC STUDY CONTRACT This item having been pulled for discussion from the consent agenda at the beginning of the meeting, City Manager Schulze described the proposed scope of work. Changes included the addition of one more bullet item under Section #2 - Local Road Network. The bullet adds the traffic control device at the intersection of NE 24th St. and 84th Ave. NE. The second item added is under Section #8 - Reports. KJS would provide copies of the draft report for circulation and comment. The final report to be drawn up after receipt of the comments. The Council discussed the agreement asking that the study include the impacts of private school commuters and the need for signage for bus routes, schools, cross walks, etc. Councilmember Benz moved to allocate $5,000 for the services of KJS Associates for the Points Communities Traffic Study to include the modifications as directed by the Council to the City Manager of Medina. Councilmember Benz made the second. Support was unanimous. DISCUSSION APPOINTMENT TO THE BOARD OF ADJUSTMENT AND PARK BOARD Mayor Becker announced his recommendations for the vacancies on the Board of Adjustment and Park Board. Councilmember Ross moved to approve the appointment of Fred Welk to the Board of Adjustment. Councilmember Benz seconded the motion. The motion to appoint Fred Welk to the Board of Adjustment was unanimous. Mayor Becker made the motion to appoint Connie Gerlitz to the Park Board. Councilmember Benz made the second. The vote was unanimous in the affirmative. Medina City Council Minutes May 11, 1998 Page 9 REQUEST FOR SUPPORT OF BELEVUE ART MUSEUM After some brief discussion, the City Council expressed its support for the Bellevue Art Museum program and wished to encourage private citizens to donate, but felt it inappropriate to commit tax payer dollars for support or provide space in the City Newsletter soliciting support. No further action was taken. STREET SIGN DESIGN City Manager Schulze presented a mock-up of a proposed street sign that would incorporate a wooden frame around a brown and white reflective aluminum sign blade. The signs would be mounted on wood 4"x4" posts. He added that staff would be prepared to replace the City's street signs up to the limit of the amount budgeted in the current fiscal year. The City Council gave their full consent. Because the whole City could not be done in the current year, Councilmember Potts asked that staff replace signs in an organized fashion rather than in little pockets at random throughout the City. PEDESTRIAN CROSSING ON 82ND AVE. NE TO MEDINA PARK Assistant City Manager Edvalson explained that the City had received a request to install a cross walk from the east side of 82nd Ave. NE into Medina Park. He noted that there were currently no cross walks giving access to the park except at the Indian Trail on NE 12th St. He identified a location that had been recommended by the City Engineer. The City Council discussed the recommendation expressing concern for the safety safety of pedestrians. A number of alternatives were discussed, but no consensus was reached. NEW BUSINESS OPEN SPACE PROTECTIONS Mayor Becker suggested that the Council take a look at some type of restriction that would prohibit removal of property from the open space program, such as zoning, etc. The Council majority agreed that some kind of additional safeguard should be developed to protect open space conservancy easements in perpetuity. By consensus, the Council gave direction for staff to develop such an ordinance. EXECUTIVE SESSION At approximately 10:15 PM, and under authority of RCW 42.30.110 Mayor Becker announced that the Council would hold an executive session to discuss personnel issues and matters of potential litigation. He announced the session would conclude at 10:45 PM, and would be followed by further Council action. Medina City Council Minutes May 11, 1998 Page 10 REGULAR MEETING The Council reconvened their regular meeting at 10:44 PM. The Council took up the original motion by Councilmember Ross to instruct the City Manager to formalize an offer to David Lutter. Councilmember Ross amended. his motion to instruct the City Manager to proceed iwth the selection of a police chief. Councilmember Preston agreed to the amendment. Council approval was unanimous. With unanimous consent, Mayor Becker announced that the City Council approved a 10% increase in the City Manager's annual salary. ADJOURNMENT The Council adjourned the meeting at 10:45 PM by common consent. Attest: a-4-- arwoocl T. Edvalson, City Clerk anie(Be"cker., Mayor