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HomeMy WebLinkAbout06-08-1998 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES June 8, 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 7:01 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, and Mayor Dan Becker. Absent: Councilmember Grahame Ross 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 reported that Medina Elementary School made "Community Treasures" presentations recognizing 25 localities as treasures worthy of preservation. Along with such places as Lake Washington and Mount Rainier the school recognized Medina Beach Park and Medina Park. Mayor Becker introduced two youths from Medina Elementary, Mason Berger and Morgan Tuff, who presented the City Council with certificates recognizing these community treasures. The children were applauded for their presentations. Mayor Becker also announced an executive session to deal with personnel issues. He added that there would be no action taken at the session's conclusion. Mayor Becker described his experience with the Trans -Lake Study Meeting. It was projected to take 15 months with the committee's input required during the first 13 months. The area covered extends from 1-90 north to the Snohomish County line, including SR 520, 405, 202 and 522. The introductory meeting was held to orient the committee participants. He said the next couple of meetings would be informational with Medina City Council Minutes June 8, 1998 Page 2 a great deal of statistical data. The next meeting was scheduled for July 1, 1998 at either the Museum of Natural History or the Meydenbauer Center. Councilmember Benz said that she had heard there was a petition being circulated requesting some kind of action about speeding on NE 24th St. near 78th Ave. NE. She asked that the police department do some proactive patrolling of the area. City Manager Schulze reported that the Council had been provided copies of a technical proposal for work on the Medina Park Ponds. He said that the Park Board had recommended proceeding with the installation of aerators, biological agents to control the algae and plantings and gravel beaches to shore up the edges of the ponds. CONSENT AGENDA Councilmember Preston moved the approval of the consent agenda. Councilmember Morgan offered a second to the motion. In discussing the motion, Mayor Becker asked that the regular minutes of the May 11, 1998 meeting be pulled for discussion. The items remaining for approval under the original motion were as follows: B. Approval and acceptance of May 1998 Warrants/Treasurer's Report with the following warrants: May warrants #11347 - 11419, with #'s 11404 - 11407 indicated as void, for $298,428.03; and May personnel warrants #16001 - 16049 with #'s 16016 and 16023 indicated as void, in the amount of $78,122.54. C. Ordinance No. 641 - AN ORDINANCE AMENDING ORDINANCE NO. 634, 1998 BUDGET FOR THE CITY OF MEDINA D. Ordinance No. 642 - AN ORDINANCE ADOPTING A_ REVISED BUDGET FOR THE CITY OF MEDINA FOR THE YEAR 1998, AND SETTING FORTH IN SUMMARY FORM THE TOTALS OF ESTIMATED REVENUES AND EXPENDITURES FOR EACH SEPARATE FUND AND THE AGGREGATE TOTALS FOR ALL SUCH FUNDS COMBINED Approval for the modified consent agenda was unanimous. Mayor Becker initiated the discussion on Item A-- Minutes from Regular Meeting of May 11, 1998, which had been pulled from the consent agenda. He questioned the intent of the minutes dealing with the Council discussion on potential ordinances to protect open space designations once approved by the City and County. He asked that the minutes more clearly reflect that the Council directed staff to take a look at some type of restriction that would prohibit removal of property from the open space program, such as zoning, etc. Councilmember Morgan moved adoption of the Minutes from the Regular Meeting of May 11, 1998 as amended to indicate that the Council has an interest in looking at an Medina City Council Minutes June 8, 1998 Page 3 ordinance to protect open space. Councilmember Preston seconded the motion. All were in favor. AUDIENCE PARTICIPATION Arthur Dietrich, 707 Overlake Dr. E., asked the Council for the latest status on appointment of a police chief. City Manager Schulze reported that a candidate had been selected but had to withdraw from the process for personal reasons. He said the Council would be discussing how to proceed from this point to fill the position. PUBLIC HEARINGS TCI FRANCHISE COMPLIANCE City Manager Schulze explained that TCI had been given notice of non-compliance with its franchise, and the City's intent to impose penalties identified in the franchise agreement. He said that TCI had exercised their right under the agreement to ask for a public hearing on the issue. He introduced Bill Bennett from TCI. Bill Bennett, TCI Regional Vice President, said that the company was proceeding with upgrade efforts with the contention that they were not in violation of the franchise agreement. He said that it would be the company's intent to fight any penalties imposed by the City. He said that notwithstanding the City's notice, TCI was proceeding with its efforts to improve Medina's service by providing an interconnect with Bellevue's system through Kirkland. He said the one item over which they had no control was the WSDOT permit required to cross SR520. He was, however, hopeful that TCI would still be able to make its August 1 upgrade deadline. He said the interconnect would alter the channel lineup currently offered in Medina but would provide 55 analog channels and 36 digital channels. City Attorney Wines pointed out that he had made the offer to use the City's influence and contacts to help expedite the WSDOT permit approval. He said that he had not, to date, received any request from TCI for assistance. Mr. Bennett responded that they may indeed be in touch to request such help. Arthur Dietrich, 707 Overlake Drive E., stated that some parts of the City had been previously covered under the VIACOM system from Bellevue. He asked why those lines could not be used to cover the remainder of Medina. Mr. Bennett responded that they had thoroughly studied those options and it was not technically feasible to provide an adequate signal to the remainder of Medina through those lines. City Manager Schulze reported that he had asked the City Attorney to prepare a Notice to Correct Deficiencies which was the next step in the franchise agreement to seek franchise compliance from TCI. He asked the City Council to review the document and authorize personal delivery this evening to Mr. Bennett. Medina City Council Minutes June 8, 1998 Page 4 Councilmember Preston moved that the City Council authorize delivery of the Notice to Correct Deficiency to Mr. Bennett. Councilmember Benz made the second. Approval was unanimous. Mayor Becker asked that the Council record show that the Notice to Correct Deficiency was served in person on Mr. Bennett. REPORTS PUBLIC SAFETY REPORTS Acting Chief Ambrose reviewed some of the circumstances surrounding the crimes reported during the month of May. Thefts of VCRs were reported by Medina Elementary, although the school could not identify exactly how long they had been missing or under what circumstances. A citizen reported the breaking of a glass patio table. A D.U.I. incident was reported, and a suspect apprehended. Mail theft was reported in the 7800 block of NE 32nd St. A check was taken but not negotiated. In another incident a house guest took some checks and started using them in the area. The incident was still under investigation. Councilmember Potts praised the department for greater early morning visibility to reduce speeding by construction workers. She inquired about enforcement on 84th Ave. NE at SR520 during rush hours. Chief Ambrose reported that the department had patrolled this area during the month and was regularly placing traffic cones to discourage lane jumping. City Manager Schulze mentioned that the Bellevue Fire Department had again provided a monthly report as per the contract. The number of calls year-to-date was 70. COMMUNITY PRESERVATION COMMITTEE On behalf of the committee, Councilmember Morgan reported that they had two meetings with the architectural consultant, Patricia Brennan. He said that neither Paul Saad nor Ed LaBelle had been in attendance at the meetings. He added that the committee's next meeting was June 25. He expressed hope that the committee would have a recommendation to make to the Council at the regular July meeting. CALENDAR City Manager Schulze asked the Council for input on upcoming meeting topics. City Attorney Wines advised the Council that under the terms of the franchise, TCI had thirty days to comply with the Notice to Correct Deficiency. If they do not comply, the Council may then schedule a public hearing at which it could take steps to revoke their franchise. He advised that the Council set a public hearing for the July Council meeting, which would be a few days more than the 30 days required by the franchise. Councilmember Potts asked the City Manager how he would keep the Council apprised of progress towards the Council's goals. City Manager Schulze responded that he would use his weekly activity report to keep the Council abreast of accomplishments. Medina City Council Minutes June 8, 1998 Page 5 DISCUSSION APPROVAL FOR OVERLAKE PEDESTRIAN PATH BID ADVERTISEMENT City Manager Schulze introduced the discussion on Contract 2-98, Overlake Drive West Pedestrian Path. He explained that revised plans and drawings had only been delivered late Friday evening before the Council meeting, but that some letters from residents had already been received. He said that resident input seemed to cover a complete range of preferences. He added that the project was designed to be a pilot project in nature so that it would serve as a base upon which improvements could be made as needed. Landscape Consultant Linnea Ferrell displayed the materials provided to residents the previous week and briefly described the changes incorporated into the design as a result of meetings with residents. Victor Melfi, 7746 Overlake Drive West, asked that the plan take into account the unique orientation of his property and address his need for privacy, light and views. He asked that the residents be allowed to participate in a facilitated design process. He felt the concept was great, but that the sidewalk was situated too far from the street impacting his family space in his yard. He encouraged the use of flowering, lower trees, e.g., dogwoods, etc. Councilmembers Potts and Morgan explained that a gravel path had been selected because it provided a less formal look for the path and would provide a base for either concrete or asphalt if the gravel surface did not work. Councilmember Morgan felt that the project had changed sufficiently to require review by the Council Public Works Committee. The Council discussed whether or not the bid approval should be delayed a month. Mayor Becker expressed the Council consensus that the project be delayed a month, giving the consultants and City another opportunity to meet with the residents and giving the Public Works Committee the opportunity to consider any cost implications. Janet Cummins, 7722 Overlake Dr. W., said that she had issue with the plan for bigger trees adjacent to her property that would have hanging fruit that may drop on pedestrians. She supported the use of flowering dogwoods. She suggested that the asphalt and storm sewer be split out from the landscape issues to facilitate the bid process. She asked that the residents be given the opportunity to provide additional input on the location of the path and trees. Ben Hsu, 610 Evergreen Point Road, expressed his belief that the current plan created hazards for vehicles turning from Evergreen Point Road onto Overlake Drive West. He said his is the first drive on Overlake Drive West and it is already hazardous with traffic turning the corner. Mayor Becker suggested that perhaps the intersection should be a three-way, rather than a two-way stop. Medina City Council Minutes June 8, 1998 Page 6 Glen Chapman, 7702 Overlake Drive West, said that additional trees would not be welcome. He expressed concern about the curve on Overlake Drive West just east of 81 st Ave. NE. He said that stretch of Overlake Drive should be done first to enhance pedestrian safety. Jim Cooch, 7714 Overlake Drive West, said that he opposed the reduction of light that would be caused from the additional planting of trees. He suggested that those residents involved in future phases be invited to the current planning meetings. Paul Pong, 620 Evergreen Point Road, thought that the path was basically okay. He was concerned about the additional shadow that more trees would create both day and night. He also felt that a different surface was needed for the path. At the conclusion of public input, City Manager Schulze recommended that the Council approve the addition of the overlay project and storm sewer work in with the bid process for the other capital projects in the City. He also recommended that the landscape and path construction be handled together after further discussion with the residents. Councilmember Morgan expressed concern that the project had changed sufficiently that the overall costs were not now known. Mayor Becker asked that the Council consider Capital Improvement Projects (CIP) 3-98 and 4-98 before making a motion on the Overlake Drive Pedestrian Path. Councilmember Morgan noted that no changes were being proposed to the two other projects and that the Public Works Committee had recommended approval. Councilmember Potts moved that the storm drain and overlay work for Overlake Drive West Pedestrian Path be combined with CIP Projects 3-98 and 4-98 and that staff be authorized to proceed with obtaining bids on the projects. Councilmember Benz seconded the motion. All were in favor. LONG RANGE PLAN FOR MAPLE TREES ON NE 7TH ST. Assistant City Manager Edvalson provided a brief background on the issue. He explained that the trees had been evaluated about ten years ago and had been determined at that time to be in severely declining health. He added that two of the trees had recently been evaluated by arborists who had recommended their removal. He explained that although the City had from time to time removed some of the trees and cabled others, the City had asserted that the City Code gave responsibility for abatement of unsafe trees to the adjacent property owner. He asked that the City Council discuss the issue and make a recommendation as to whether or not the City should develop and pursue a replacement plan. City Manager Schulze cautioned that whatever the Council decided may serve as precedence elsewhere in the City. Jim Riley, 8429 NE 7th St., said that the neighborhood enjoyed the canopy effect of the large maple trees. He added that the City had already participated in the maintenance of the trees by having them fertilized, pruned, weak limbs cabled, and dangerous trees removed. He felt that the City should express pride in the trees and should maintain them because of the historic designation given them by the City. He asked that the City Medina City Council Minutes June 8, 1998 Page 7 provide a replanting plan. He said that his research had indicated an approximate cost of $2,000 to remove one of the trees and replace it with a 6-7 caliper inch tree. Anna Riley, 8429 NE 7th St., said that this neighborhood was different than the rest of the City because of its historic nature and designation. She said that she had quickly gathered names on the submitted petition in support of replacement of dying trees with a uniform and appropriate species. She added that only one resident had been unsure of their participation. She asked that the Council honor the petition and preserve the historic character of the neighborhood. Councilmember Potts said that she supported the residents in the neighborhood, that the trees looked terrible and were dangerous to the general public. She moved that the City continue the historic designation of the trees and remove and replant as per a plan from a qualified arborist in consultation with the neighbors. Councilmember Benz made the second to the motion. Approval was unanimous. Councilmember Morgan asked that the record reflect that the Council's action was based on the historic nature of the trees in this neighborhood, and that it would not set a precedent for the care and maintenance of other trees throughout the City. Council concurrence with this statement was unanimous. POINT OF ORDER Mayor Becker announced a three minute recess. DISCUSSION PLANNING COMMISSION RECOMMENDATIONS FOR AMENDMENT OF SENSITIVE AREAS ORDINANCE Councilmember Morgan reminded the Council that the Council had received recommendations from the Planning Commission approximately a year ago dealing with the cutting of trees on steep slopes. He said that although the Council had been favorable to the recommendations, no action had been taken. He recommended that an ordinance be drafted to encompass those original recommendations. The majority consensus was to instruct the City Attorney to draft an ordinance for Council consideration. ADOPTION OF 1998 COUNCIL GOALS City Manager Schulze asked the Council to consider the use of Michael Pendleton to facilitate a follow-up session on the goals to help quantify and define the expectations involved with the Council goals, to facilitate the Council's position on the SR520 issue, to facilitate intra-organizational communication issues and conduct an organizational study. The Council gave its consent to pursue these issues with Mr. Pendleton. Medina City Council Minutes June 8, 1998 Page 8 The City Council also discussed the goals adopted at the goal -setting session. Councilmember Potts moved that the Council officially adopt goals 1, 2 and 3 for 1998. Councilmember Cohen offered a second. All were in favor. APPROVAL OF PROSECUTING ATTORNEY CONTRACT The Council briefly discussed the proposed contract, concluding that it was an appropriate rate for the services provided. Councilmember Benz moved to authorize the City Manager to sign the contract with John L. O'Brien for prosecuting attorney services. The second was made by Councilmember Potts. Approval was unanimous. ADOPTION OF ETP MOBILITY ACTION PLAN Mayor Becker dismissed discussion of this item noting that the City should have already adopted the plan, but that inaction at this time would have little consequence. USE OF COUNCIL COMMITTEES City Manager Schulze outlined his proposal for regularly scheduled meetings of the Council's committees. He expressed concern that the random scheduling of meetings was time intensive. He hoped that regularly scheduled meetings would give greater opportunity to move forward the City's work plans. He added that if the committees had no business to conduct, then the meetings would not be held. The third Monday of the month at 7:00 p.m., the Finance and Public Safety Committees would be scheduled. The fourth Monday of the month would be used for the Public Works, Personnel and Special Projects Committees. The schedule was designed to try and make only one extra evening meeting per month for most of the Councilmembers. The proposal was approved by common consent of the Council. EMERGENCY OPERATIONS PLAN City Manager Schulze suggested that the printed manual was too large to be discussed by the Council as a whole. He suggested that the Public Safety Committee review the manual and make recommendations to the Council. It was Council consensus to allow the Committee to do the review. An additional copy of the plan would be circulated among the remaining Councilmembers for their review. NEW BUSINESS TELECOMMUNICATIONS COMMITTEE Councilmember Preston proposed that the telecommunications committee be reduced to a small working group to identify the key issues facing the community. They would additionally investigate new technology from which the City might benefit. He suggested that the committee work be separate from the TCI issue. Council consensus was that the committee would work to first identify issues and look at technology, then involve a Medina City Council Minutes June 8, 1998 Page 9 wider group of people as more concrete information became available and more input was required. EXPIRING TERMS ON BOARDS AND COMMISSIONS City Manager Schulze noted that the term for Board of Adjustment Chairperson, Dave Martin, was expiring. He also informed the Council that two of the terms for Commissioners on the Civil Service Commission had expired. He recommended that the Council affirm the re -appointment of Paul Demitriades and John Dern-Palmer to the Civil Service Commission, and asked that the Council give direction on filling the Board of Adjustment position. The Council discussed the pros and cons of appointing individuals to multiple terms. They generally favored giving new individuals the opportunity to serve on the Boards and Commissions, but felt the need to re -appoint Dave Martin to the Board of Adjustment to provide some continuity on the Board. They also supported the re- appointment of the Commissioners to the Civil Service Board because of their experience. EXECUTIVE SESSION At approximately 10:05 PM, and under authority of RCW 42.30.110 Mayor Becker announced that the Council would hold an executive session to discuss personnel issues. He announced the session would conclude at 10:30 PM, and would not be followed by further Council action. ADJOURNMENT By unanimous vote, the Council adjourned the regular meeting at 10:35 PM on a motion by Susan Potts and the second by Tom Morgan. Attest: arwood T. Edvalson, City Clerk Daniel Becker, Mayor