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HomeMy WebLinkAbout11-09-1998 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES November 9, 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 Suzanne Cohen, Thomas Morgan, Susan Potts, Steve Preston, and Mayor Daniel Becker. Absent: Councilmember Grahame Ross Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Building Official Lowell Erickson, Asst. City Mgr./City Clerk Woody Edvalson, Acting Police Chief Doug Ambrose ANNOUNCEMENTS Mayor Becker announced that the next meeting of the Trans -Lake Washington Study Committee would be November 18 at the Museum of Natural History. He added that he would like to discuss the impacts to the City of Referendum 49 under the New Business portion of the agenda. Mayor Becker also announced a meeting of Moving King County 2000 on December 10 from 5:30 - 7:30 p.m. at the Puget Sound Regional Council Board Room. Discussed would be regional transportation projects and funding initiatives. He concluded with a statement that it had been reported at a recent Eastside Transportation Partnership meeting that the bus tunnel in Seattle would be closed within 2 yrs. and probably replaced with light rail. He said that final comments to Sound Moves were due November 12. Councilmember Potts advised the Council that the jet noise monitoring equipment had been installed again in her yard for a two week period. She asked where the Simonyi- Medina City Council Minutes November 9, 1998 Page 2 Pigott lawsuit stood. City Attorney Wines responded that he was scheduled to meet soon with their attorneys to try and resolve the issues in dispute. Councilmember Potts also asked if anything had been done to stop construction trucks from queuing on the streets before 7:00 a.m. The Council public safety committee was assigned by the Mayor to review the issue. City Manager Schulze and Councilmember Cohen were scheduled to review the construction parking ordinance. In response to Councilmember Pott's question about the status of regulating overhead landscape lighting, City Manager Schulze responded that it was scheduled for discussion by the Planning Commission. CONSENT AGENDA Councilmember Potts moved approval of the consent agenda as follows: A. The minutes from the regular Council meeting of October 12, 1998; B. Approval and acceptance of October 1998 Warrants/Treasurer's Report with approval for the following warrants: October warrants #11787 - 11859 - $352,480.21; and October personnel warrants #16278 - 16323 + 916285 - $79,587.23. Councilmember Cohen seconded the motion. Approval was unanimous. AUDIENCE PARTICIPATION Bob Rudolph, 1455 Evergreen Point Road, reported that despite of FAA assurances that flights should be following the FMS track as approved, it was apparent from flight track data obtained that many planes were still over -flying Medina. He said that at a recent meeting with the FAA, City officials heard for the first time that the FAA did not require all east -bound flights to use the FMS system. He felt that this was a further indication that the FAA did not intend to regulate use of the FMS as promised. He suggested that the City take a two fold approach to the continuing problem: (1) request under the Freedom of Information Act all documents related to the history and implementation of the FMS system; and (2) direct the City Attorney to interview attorneys experienced in successful litigation with the FAA to assess the City's potential for successful litigation of the issue. Mayor Becker said that the recommendations would be discussed as an item under "New Business." Coco McDougall, 7857 NE 12th St. and Allyson Jackson, 7633 NE 14th St. both spoke in support of further City action to curtail the jet noise over Medina. Ms. McDougall advised the City that it look at the Long Beach Airport and the impact the City of Newport Beach has had on the operations. Ms. Jackson noted that there has been a dramatic increase in jet noise during her three years as a resident. She said the volume is often sufficiently loud to interrupt conversation. Raymond and Janie Lee, 1259 Evergreen Point Road, expressed their concern about the zoning and building codes that would allow a 7,000 sq. ft. house to be built in such a Medina City Council Minutes November 9, 1998 Page 3 way that their complete lake and territorial views would be obscured. Mr. Lee said he felt the current zoning code encouraged the "mansionization" of Medina. Mrs. Lee said that the loss of their lake view would have not only an economic impact on their property, but a drastic emotional impact to the family. They asked the City for any possible relief. Speaking in support of Mr. and Mrs. Lee was Joe Holmes, 1253 Evergreen Point Road. Mayor Becker responded that at this preliminary stage of proposed development there were too many variables to offer comment. He said that the Council would review the situation and comment at a later date. The Lee's were invited to meet with City Manager Schulze. Jim Lawrence, 822 Evergreen Point Road, asked about the status of the TCI tower. City Manager Schulze responded that TCI was held up in getting together all of the required information and signatures for permit application. The Council directed City Attorney Wines to look at the process for abatement of the discontinued use according to the telecommunications portion of the zoning code. PUBLIC HEARING 1999 FISCAL YEAR PROPOSED BUDGET City Manager Schulze presented an overview of the proposed 1999 Fiscal Year Budget. He indicated that property tax was the major source of revenue with sales tax comprising approximately 1/3 of the total. Licenses and permits, intergovernmental and municipal court fines round out the other major categories of City revenues. He noted that while the City's property taxes have increased each year since 1993, the tax rate has declined in the past several years. He said that the City again would collect no utility tax in 1999. The City's reserves would be held at 50% of the annual budget. He also reviewed some of the major expenditures anticipated in the coming year. The Council discussed the preliminary budget as presented. Councilmember Morgan proposed that the mill rate be lowered to $1.20/thousand of assessed value. There was general consensus among the Council for establishing that tax rate. The Council also made known their desire for an increased level of maintenance in Medina Park. The City Manager was asked to evaluate the best method to provide seasonal assistance to enhance park maintenance. The Council also indicated their general interest in utility burial and referred the topic to the public works committee. With no audience input to the budget hearing, the Mayor closed the public hearing. Medina City Council Minutes November 9, 1998 Page 4 REPORTS PUBLIC SAFETY REPORTS Acting Police Chief Ambrose provided information concerning crimes during the past month. They consisted of a couple of thefts, one domestic violence, and two drug violations. One of the thefts was an unauthorized use of a cell phone by a parking valet. The other was the theft and use of a Visa card. The drug violations involved two juveniles found in possession of marijuana and a pipe. Another possession arrest was made subsequent to a traffic stop. The domestic violence call involved a physical altercation between husband and wife. Finally, there was a report of phone harassment. There was an increase in parking citations associated with the focused enforcement of construction parking violations. Councilmember Potts praised the police department for its increased presence at 84th and SR 520. She said it has had a good impact on the traffic situation. VARIANCE APPLICATIONS City Manager Schulze said that a short report had been prepared to show the types of variance applications typically received by the City. No further discussion occurred. AUDIT REPORT City Manger Schulze reported that the annual audit had been completed. The report and recommendations were provided to the Council. He noted that staff had failed to make a budget amendment that was approved by the City Council. He said greater care was being taken to eliminate similar oversights. CALENDAR The Council had no specific items to calendar for their December regular meeting. ORDINANCES AND RESOLUTIONS ORDINANCE NO. 645 - AN ORDINANCE AMENDING THE DEFINITION OF RECONSTRUCTION Councilmember Cohen introduced the discussion on further efforts to prepare Ordinance No. 645 to amend the definitions of reconstruction. She said that City Manager Schulze had agreed to invite Building Official Lowell Erickson to comment on the draft ordinance. Building Official Erickson and City Attorney Wines answered the Council's questions regarding the text of the ordinance and its impact on the current code. Henry Paulman, 1415 80th Ave. NE, suggested that there may be a state statute that says if a structure is remodeled and the cost of the remodel is more than 1/3 the value Medina City Council Minutes November 9, 1998 Page 5 of the structure, then the entire structure must be brought up to code. Neither Mr. Erickson nor Mr. Wines said they were aware of such a statute. The Council continued discussion and suggested a change that would make it more clear which building codes were applicable to existing structural elements intended to remain during a reconstruction. The language was amended to say that structural elements must comply with the applicable building code standards. Councilmember Cohen suggested that the definitions contained in Medina Municipal Code 17.12 need to be clarified as a basis for any further amendment of the Code. The Council discussed various options and re-emphasized the need for a review and update of the code. To clarify the phrase, Building Official Erickson also suggested that item 5 page 4 of the ordinance be modified to reference proposed construction. The Council concurred. Councilmember Morgan moved approval of Ordinance No. 645 as amended. Councilmember Potts provided the second to the motion. Adoption of the ordinance was postponed until the December meeting when a public hearing could be noticed in the newspaper and any public input received. RESOLUTION NO. 259 - ADOPTING A SIX YEAR CAPITAL IMPROVEMENT PLAN Assistant City Manager Edvalson explained that the Council had previously adopted a majority of the projects included in the Capital Improvement Program earlier in the year with its adoption of the six year transportation improvement plan (TIP). He said that the additions to the TIP related largely to work in the parks which had been reviewed and approved by members of the public works committee. Councilmember Potts moved to approve the resolution. Councilmember Morgan made the second. Council approval was unanimous. DISCUSSION EMPLOYMENT AGREEMENT - MICHAEL KNAPP City Manager Schulze reported that he had negotiated the contract for the new police chief within the parameters given by the Council. He said Mr. Knapp was looking at a December 1 starting date. The Council asked that the contract language be clear that Mr. Knapp would provide his own vehicle for the auto allowance he was receiving. Motion for approval of the employment agreement was made by Councilmember Cohen The second was made by Councilmember Preston. All were in favor. EMPLOYMENT AGREEMENT - DOUGLAS SCHULZE Medina City Council Minutes November 9, 1998 Page 6 The City Council considered the employment agreement with City Manager Schulze. Councilmember Morgan moved for approval. Councilmember Potts seconded the motion. Approval was unanimous. NEW BUSINESS UPDATE ON TRANSPORTATION STUDY City Manager Schulze reported a recent conversation with Joseph Savage of KJS Consultants. Mr. Savage said that he would provide the City Manager a draft report sometime the week of November 9. The report would be circulated to the Council for comments. Mayor Becker suggested that the original traffic committee from the Points Communities be reconvened to discuss the study recommendations. JET NOISE Mayor Becker raised the issues presented by Dr. Rudolph earlier in the meeting. City Manager Schulze noted that a freedom of information request had already been made of the FAA. City Attorney Wines suggested that the Council authorize him to interview a few attorney's with a record of success against the FAA. He suggested that the Council authorize $5,000 and seek a matching amount from the Eastside Citizens Against Airplane Noise (ECAAN) to hire an attorney to do an analysis of Medina's position against the FAA. Councilmember Preston moved to authorize the expenditure of up to $5,000 to be matched by ECAAN for an analysis of the City's position against the FAA dealing with jet noise. Councilmember Morgan seconded the motion. Approval was unanimous. City Manager Schulze said that a budget amendment would be included on the December consent agenda. COMMUNITY SURVEY Responding to inquiry about the community survey, City Manager Schulze said that he was preparing a summary of questions for Council review and comment. ADJOURNMENT The Council concluded their regular meeting at 9:57 p.m. on a motio Councilmember Potts and a second by Councilmember h e in favor. ani I . Becker, Mayor Attest:4, Nv , J Ha ood T. Edvalson, City Clerk