Loading...
HomeMy WebLinkAbout11-08-1999 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES November 8, 1999 Medina City Hall 6:00 PM 501 Evergreen Point Rd. EXECUTIVE SESSION At approximately 6:04 p.m., and under authority of RCW 42.30.140 4, and RCW 422.30.110, an Executive Session was held, for discussion of personnel issues and potential litigation. The Executive Session was adjourned at 6:55 p.m. CALL TO ORDER Mayor Becker called the regular meeting of the Medina City Council to order at 7: 02 p.m. The meeting was recorded on audiotape. ROLL CALL Present: Councilmembers Suzanne Cohen, Paul Demitriades, Jim Lawrence, Thomas Morgan, Steve Preston and Mayor Daniel Becker. Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Lieutenant Roger Skinner, City Planner Christine Schwamberger, and City Clerk Kristen Finnigan. ANNOUNCEMENTS Mayor Becker announced that the City of Seattle and King County had notified him that there would be a series of public forums, convened by Public Health on the Emergency Medical Services System. He stated that one meeting would be held on November 30th, in Mercer Island City Hall Council Chambers, from 7:00 to 8:30 p.m. and another in Kirkland, on December 9th, from 7:00 to 8:30 p.m. for discussion of the EMS Services Systems and Strategic Plan. The Council decided that they would discuss the possibility of a Medina City Councilmember's attendance at these meetings, at the upcoming City Council Study Session, scheduled for November 22, 1999. The Mayor announced that applications would be taken for open Council position No. 5, until November 17th, and that interviews would be conducted after that time. He City Council Minutes November 8, 1999 Page 2 stated that the hope would be to make an appointment to the position by the December City Council Meeting, satisfying the ninety day requirement of law. Mayor Becker, with the Council's permission, added two items to the Ordinance and Resolution Section of the agenda. They included Resolution No. 267, Relating to Metro Transit, and Resolution No. 268, Relating to Jet Noise. Mayor Becker announced that there would be an Executive Session following the regular meeting. The Mayor reported that, in response to the article and correspondence regarding the ACLU and Medina's Solicitation Ordinance, the City had requested additional legal counsel, to assist in determining appropriate actions that would protect the privacy rights of citizens versus unwarranted solicitation. He stated that it was planned to bring either a Resolution or an Ordinance to a future City Council Meeting for discussion. Councilmember Demitriades announced that the Senate Transportation Committee, chaired by Senator Mary Margaret Haugen, of Camano Island, was going to have a special meeting on December 2nd or 3rd, in Olympia, to hear some bills that had been introduced on revising the Public Private Initiative Transportation Program. He said that this would occur before the January Session begins and that he would be invited to attend and would make a presentation at that time. He stated that the next session of the Washington State Legislature would convene in Olympia on January 10`h, 2000. Mayor Becker announced that Eastside Transportation Partnership had scheduled a meeting for Friday, November 12th, with 1-695 on the agenda. City Manager Schulze announced that a Community Crisis Public Information Meeting would be held on November 9th, at Bellevue Christian Elementary School, at 7:00 p.m. He said that Medina Officer Hallin was organizing the Meeting, along with school administration and various law enforcement and emergency preparedness agencies who would provide mutual aid to the community, should a crisis arise. Councilmember Morgan stated that, in the future, he felt that it might be helpful to choose specific words to describe the type of crisis that a "crisis" meeting would address. The City Manager announced that the last scheduled public meeting regarding the preliminary design for the Medina Stream Restoration Project would be held on Wednesday, November 10th, at Medina City Hall. CONSENT AGENDA Councilmember Morgan moved to approve the consent agenda as follows: A. Corrected Minutes from Special City Council Meeting of October 1, 1999 City Council Minutes November 8, 1999 Page 3 B. Minutes from Regular City Council Meeting of October 11, 1999 C. Approval of October, 1999 Warrants/Treasurer's Report Regular Warrants - # 12908 - # 13012 $ 348, 388.08 Personnel Warrants - # 16900 - # 16949 $ 94,081.79 Councilmember Demitriades seconded the motion. Approval was unanimous. STAFF REPORTS PUBLIC SAFETY REPORT Police Lieutenant Skinner reviewed the Police Department monthly report, in Police Chief Knapp's absence. He reported that there had been an emphasis on speed enforcement throughout the past month, focused especially on Evergreen Point Road, 24th & 12th, Overlake Drive. He stated that one officer had stopped ninety-seven cars during one of his shifts. Lieutenant Skinner explained that the stops had been primarily of an educational nature. He said that approximately 80% of the stops were of residents, with 10% having been construction related and the other 10% having been out-of-town people with business in Medina. He stated that some of those stopped had been people who had complained about speeding in the City. Lieutenant Skinner expressed the Police Department's recommendation that all speed limits be set at 25 mph in order to slow people down. He stated that more signs would not be a necessity, due to the fact that the RCW states that anything not posted in a residential area is automatically 25 mph. Councilmember Demitriades commented on the figure of twenty-three false alarm responses indicated in the police report, questioning if this was, in fact, an average number. Lieutenant Skinner explained that the Police Department had an average of one false alarm per day. Councilmember Morgan remarked that the Council was awaiting Police Chief Knapp's analysis of other jurisdictions' methods of improving the false alarm situation. City Manager Schulze stated that the Public Safety Committee would be reviewing this information at their upcoming meeting. PARK BOARD REPORT Mayor Becker explained that no one was in attendance from the Park Board, as they would be attending the City Council Study Session on November 22nd, to discuss Park Projects and budget comments. City Council Minutes November 8, 1999 Page 4 PLANNING City Planner Schwamberger reported that the Planning Commission had voted unanimously to pursue undergrounding of overhead facilities and enhance streets for pedestrian use throughout Medina. She said that they also had recommended that the City Council appoint a Study Team with a target goal of delivering a preliminary plan within six months. She explained that the Planning Commission had determined that it would be a good opportunity to combine both efforts when the undergrounding was done. The consensus was to move these items to the City Council Study Session on November 22nd. AUDIENCE PARTICIPATION No one from the audience wished to address the Council on topics not on the agenda. PUBLIC HEARING Fiscal Year 2000 Budget City Manager Schulze used overhead displays to explain the Fiscal Year 2000 Budget. He outlined the organizational structure, and reviewed services provided by the City, how the budget is allocated and the City's revenues. The City Manager explained the impact of the passage of 1-695, stating that the loss of revenue would be approximately $50,000 for the year 2000, increasing to $60,000 in the year 2001 and thereafter, for the City. He said that the impact unknown at this time was in part to be determined by the courts, as the Initiative is reviewed and interpreted. He said that the Initiative, as written, appears to require a vote for any fee increases, and that the City would strive to minimize election costs. He said that the typical election costs for the City had been between $5,000 - $10,000 annually. City Manager Schulze reported that, for the fourth consecutive year, no increase to the tax rate for the City's portion of property taxes was recommended. He stated that the budget was balanced as required by law and that the increases as far as the total dollars collected in property taxes were due to the increased assessed valuation for real property within the city. The City Manager explained that the 2000 tax rate proposed to fund the budget was $1.20 per thousand dollars of assessed valuation, ranking among the lowest for cities within King County and the State of Washington. City Manager Schulze said that the budget reflected the goals established by the City Council and Department Heads, and that it served as a tool that would allow staff to carry out the services of the City and to complete projects that had been identified as needed in the City. Councilmember Morgan asked if AWC/legal opinions had come down as to whether a budget enacted in 1999 was subject to review and potential vote. City Manager Schulze stated that the City had received legal opinions from AWC consulting attorneys City Council Minutes November 8, 1999 Page 5 and their interpretation was that as long as the tax or fee was levied or enacted in 1999 or prior to January 1 2000, that 1-695 would not apply to it. He said that some cities had enacted ordinances that gave an annual cost of living increase of fees or taxes, and that the interpretation of that effort was that it would be legal but could possibly be challenged in the future. Mayor Becker noted that Medina's elections had been in the off -years. He questioned whether or not it was a possibility for the City to put in an initiative to increase fees in those years, versus having a special election. The consensus was to further research this question. Councilmember Morgan questioned whether or not it would require a vote if taxes were to be increased due to the assessed valuation of real estate increasing, and not the mil rate. City Manager Schulze explained that the early information that he had received was that the assessor had already made the adjustments to valuation for 2000 taxes. He said that the early opinions that he had read from AWC and Municipal Research Services stated that a County vote would be required. City Attorney Wines stated that there could be a request to the Supreme Court for interpretation. City Manager Schulze stated that there was a four -page brochure from AWC, which listed a number of issues needing interpretation or were subject to challenge and that he would provide this list to the Council. Following discussion City Manager Schulze reported and expanded upon the Highlights of the Fiscal Year 2000 Budget: • No Increase in City Tax Rate • Growth in Revenue from Valuation Increases • NE 24th Street Carryover • Overlake Drive W. Phase II Carryover • Use of `99 Ending Fund Balances • Fairweather Nature Preserve - $620,000 • NE 24th Street Improvements - $534,000 • Overlake Drive W. Phase II - $570,000 • Medina Stream Restoration, Design - $190,000 • Electronic Agenda - $15,000 • Document Management - $20,000 • Additional Police Officer - $50,000 • Medina Beach Improvements - $20,000 • City Facility Preliminary Design - $250,000 Mayor Becker commented that he thought that there should be assurance that the Medina Beach Improvements were longer lasting than they had been in the past. Councilmember Morgan asked what steps would be taken before the $250,000 proposed for City Facility Preliminary Design would be expended. City Manager Schulze explained that the appropriate committee of the City Council or a Council Study Session should meet, review aspects of the Organizational Study and lay out a plan to follow, identifying elements in that scope that would require City Council input. The City Manager said that the Council would need to authorize monies to be spent, if any. City Council Minutes November 8, 1999 Page 6 Councilmember Demitriades brought up the subject of additions to staff not already mentioned and City Manager Schulze explained that the Police Department budget included additional clerical staff, to be discussed with the Public Safety Committee. There was discussion relative to sales tax. The City Manager explained that he receives a report each month and reviews for assurance that major contractors use the Medina code. The consensus was for the City Manager to put a note in the Medina newsletter, as a reminder for use of the Medina zip code in reporting sales tax. Councilmember Morgan questioned what the penalty would be for these taxes not going to Medina and the City Manager was asked to check into the issue further. Discussion followed regarding the Parks Department. City Manager Schulze explained that additional funding would need to be included in the 2000 Budget, to address the wage and benefit increases for the Public Works and Office/Clerical Employees to be covered in their labor agreement. The City Manager commented that he was in the process of negotiating with Hunts Point on the Police Contract, regarding the increased Medina Police Department salaries. Councilmember Demitriades stated that one unanticipated consequence of recently passed 1-695 could be Bellevue Fire and EMS Services. City Manager Schulze related that the City had a contract with them and that the fees had been established, but that they could re -open negotiations, according to that contract. City Manager Schulze identified and discussed public works issues. Several Park Board requests were discussed, including Medina Days. Mayor Becker said that consideration needed to be made by the Public Works Committee as to how much the City wanted to do, relative to participation in Medina Days. City Manager Schulze said that AWC states that the City cannot make a donation to the Medina Days Committee to use as they see fit, but that the City Council may vote to give specific donations to the event. Regarding the property tax levy, City Manager Schulze explained that he needed a consensus from the Council, regarding the amount that the maximum levy would be, for notification to the Assessor's Office. He explained that that amount might be reduced after certification with the Assessor, but that it cannot be increased. The consensus was that the Council had no desire to increase the property taxes. The Council determined that the amount of tax levy sent to the Assessor's Office would be $1,403.263. The consensus was to move $50,000 from the City Facility Preliminary Design section of the budget to Discretionary for Professional Services, so that the total Discretionary Services would increase to $150,000. There was further discussion regarding the City of Bellevue Fire & EMS Services. City Manager Schulze explained that there were two different elements - one for the advanced aid (paramedics and Medic I portion) accounting for approximately 2/3 of the City Council Minutes November 8, 1999 Page 7 total cost. The other 1/3 was the basic life-support, paid for directly by the Fire Department and this was the portion that could be affected. Councilmember Demitriades complimented the City Manager for a good job on the proposed budget for the year 2000. Henry Paulman, 1415 80th Avenue, commented that he thought that the excellent training being provided for Medina's Police Officers might be spread over a wider base. Mayor Becker's response to the comment was that it had not been the thought to go to other cities for additional business. Mr. Paulman also mentioned that he did not see anything in the budget regarding resurfacing the walkway between 14th and 12th, which is the Indian Trail. City Manager Schulze explained that it had been discussed in the Public Works Committee and it was decided that this project would not be pursued for the 2000 Budget Mr. Paulman discussed the shed area at Medina Park and the possibility of widening that area for the purpose of parking police and service vehicles. City Manager Schulze stated that now that salmon had been added to the endangered species list, other elements had come into play with a project such as this. He said that there is a drainage swale and wetland that run through that area and that it would take a biological assessment and possibly a permit from the Corps of Engineers, increasing expenses to assume such a project. Arthur Dietrich, 707 Overlake Drive E., complimented the City Manager on his work on the proposed budget, noting the high numbers. He expressed his belief that the City should be a bit more aggressive in collecting sales taxes. He said that since many do not read the Medina Newsletter that it might be effective to address a letter to each resident, explaining that their use of the Medina code could help budget costs. ORDINANCES/RESOLUTIONS Resolution No. 266 - ESTABLISHING MONTHLY MEETING DATES FOR COUNCIL COMMITTEES City Manager Schulze introduced the Ordinance asking Councilmembers to review it over the next week and then contact, relative to setting consistent dates for committee meetings. He explained the need for these meetings to be posted. The consensus was to bring the Resolution back to the December Meeting. Discussion followed regarding communication through e-mail and the possibility of publishing a list of e-mail addresses. Resolution No. 267 - RELATING TO PROPOSED METRO TRANSIT SERVICE REDUCTION BY KING COUNTY IN RESPONSE TO PASSAGE OF INITIATIVE 695 Mayor Becker read the proposed Resolution to the audience. Councilmember Morgan suggested a change of wording in Section 1, replacing "look at reallocating" with "should reallocate". Councilmember Morgan moved to approve Resolution No. 267, with changes. Seconded by Councilmember Demitriades, approval was unanimous. The City Manager was directed to issue a press release relative to this Resolution and City Council Minutes November 8, 1999 Page 8 Mayor Becker stated that he would deliver the Resolution to ETP on Friday, November 12th. Resolution No. 268 - URGING RELIEF FROM JET NOISE Mayor Becker introduced the proposed Resolution No. 268. City Attorney Wines proposed modifying the last portion of the last sentence of Section 2 to read, "should be limited to a reasonable number whenever possible". City Attorney Wines explained that this Resolution would be going to the Port of Seattle, the FAA and Part 150 Committee. Councilmember Demitriades suggested that the last portion of the first sentence of Section 1, be changed to read, "that reduce aircraft noise" rather than "aviation noise". Discussion followed. The consensus was for a Councilmember to attend the upcoming Part 150 Committee Meeting on November 17th, along with City Attorney Wines. Mayor Becker expressed concerns regarding the Resolution. The consensus was to bring those to the Executive Session, where they had been discussed initially. DISCUSSION Council Committee Responsibilities _ City Manager Schulze explained that he had divided the Municipal Code into Sections that fit with Council Committee responsibilities. Discussion followed regarding possible meeting times for Committees. The consensus was to bring the Resolution back to the December Meeting. Councilmember Morgan's Memo Councilmember Morgan introduced a memo, which he had prepared for the Council. He asked if the Council wanted to take up the issue of tree preservation in the future and the consensus was that they did desire to do so. Councilmember Cohen stated that she would take ownership of the issue with Councilmember Morgan. She asked when another flyover would occur over the City of Medina. She indicated that recent flyovers of the City of Seattle had revealed significant deforestation. City Manager Schulze stated that the aerial photography had been scheduled for this winter, but that a recent summer photo could probably be obtained. Councilmember Morgan asked for instruction from the Council, before discussion takes place with the Planning Commission, regarding the direction of R-16 changes. He explained that setbacks and lot coverage had been discussed for possible consideration. He stated that over the past few years R-20 and R-30 changes had been thoroughly considered. He commented that a Joint Committee had been appointed to study possible changes to R-16 zone. Due to individual concerns, the consensus of Council was not to pursue the issue at this time. All agreed that limitation of house size in all zones needed further studying. City Council Minutes November 8, 1999 Page 9 Councilmember Morgan's proposal that there is a graphic relationship between lot size and lot coverage was reviewed and the consensus was that the issue needed further study. Councilmember Demitriades' Memo Follow-on SR-520 Scoping Study/EIS Councilmember Demitriades introduced two areas of concern, beginning with Follow-on SR-520 Scoping Study/EIS. He explained that the Scoping Study would probably not begin until after the Session begins in January, to be completed by July, 2000, followed by a two-year EIS. Councilmember Demitriades explained that 1-695 could very well affect the monies related to this issue. There was discussion relative to possibly lobbying of the Year 2000 Legislature for a surface water management system. It was determined that Councilmember Demitriades and Mayor Becker would have ownership of this issue. Councilmember Demitriades' Memo Endangered Species Act Councilmember Demitriades explained the need to get prepared for review/comment of the ESA 4(d) Rule, which is the negotiated position between the three counties that are negotiating with the National Marine Fisheries Service on the City's behalf, and those of the other cities and towns in the area. He stated that he believed that the comment period would be 90 -120 days after the ruling, expected December 16, 1999. He suggested the possibility of a Council/Planning Commission Workshop, to include staff and consultants. Councilmember Demitriades pointed out that there was no money planned for this and probably would not be any available, as was the case with GMA. He stated that the County was planning to propose a $25 per household tax as a way to finance the $200 million required to do ESA fixes in our watershed. He asked if the Council wanted to wait to do something before the 4D Rule comes out next month. Discussion followed. Councilmember Demitriades explained that the City of Bellevue and the City of Seattle had been appointed to, and were negotiating on behalf of the City of Medina, in Shoreline Management negotiations. Councilmember Demitriades stated that at the Watershed Meeting, he had asked to review the negotiations and was told that the negotiations would not be done until the 4(d) Rule was issued next month. City Manager Schulze reported that his understanding was that the three primary negotiators were the three County Executive offices. He said that another element to the issues was stormwater runoff. Discussion followed regarding the possibility of setting up a dedicated fund -making mechanism, collecting money per household and setting up a stormwater utility. He stated that once the ruling comes down, it would take a year to assess information to begin developing plans. The City Manager explained that consultants and staff would need to be involved in this issue. Discussion took place related to pesticide regulations. Jamie Burford, Public Works Department was present and commented that she had spoken to someone from the City Council Minutes November 8, 1999 Page 10 City of Seattle with information regarding their process of classifying pesticides. She said that the Medina Parks Department had initiated regulating themselves before it became mandatory. Discussion followed relative to developing expertise in how to respond to the 4 (d) Rule and related enforcement issues, as well as consideration of forming a utility district. Councilmember Demitriades summed the issue up by saying that it was very complicated, with a large impact. The consensus was to move the ESA discussion to the Public Works Committee. Councilmember Demitriades commented that he had been looking at the agenda for the Planning Commission, noting that an application had been submitted by Overlake Golf & Country Club, for installation of three wireless service antennas, on top of a 35' light pole. He questioned whether the Council wanted to comment on the situation. City Attorney Wines stated that the applicant had been sent a notice of incomplete application and that the City was waiting for them to respond with further information. He said that he doubted if the request would be going before the Planning Commission on November 301n EXECUTIVE SESSION At 10:12 p.m. and under authority of RCW 42.30.140 4, and RCW 422.30.110, Mayor Becker announced that the Council would return to Executive Session to discuss matters of potential litigation. The Executive Session ended at 11:05 p.m. ADJOURNMENT Prior to adjournment of their regular meeting, Councilmember Demitriades moved to adopt Resolution No. 268, striking everything in Section 1 after the first sentence. Seconded by Councilmember Morgan, the motion passed 4-2. The regular City Council Meeting adjourned at 11:07 p.m. following a motion by Councilmember Preston and a second by Councilmember Cohen. All were in favor. Da el F. Becker, Mayor Attest: risten Finnigan, QJYy Clerk