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HomeMy WebLinkAbout12-13-1999 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES December 13, 1999 Medina City Hall 7:00 PM 501 Evergreen Point Rd. CALL TO ORDER Mayor Becker called the regular meeting of the Medina City Council to order at 7: 03 p.m. The meeting was recorded on audiotape. ROLL CALL Present: Councilmembers Suzanne Cohen, Paul Demitriades, Jim Lawrence, Thomas Morgan, Mary Odermat, Steve Preston and Mayor Daniel Becker. Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, City Planner Christine Schwamberger, Public Works Superintendent Carl Burris and City Clerk Kristen Finnigan. ANNOUNCEMENTS Mayor Becker announced that a mitigation agreement with WSDOT would be discussed to identify the things that the community would like to see regarding SR-520, should it be expanded. He stated that EIS scoping was currently in progress. He explained that the model being followed was that which occurred on Mercer Island in the mid-70's. The Mayor reported on the Traffic Study Committee meeting of December 9, 1999. He said that the primary topic had been congestion on 84th, and that three representatives from WSDOT had attended that meeting. Mayor Becker stated that the possibility of limiting access during the evening rush hour, to two person carpool, possibly identifying Points Community residents with a sticker, had been discussed. He explained that WSDOT was studying the suggestions and would identify a process that they feel would need to be followed, should these thoughts be carried forward. Mayor Becker reported that at the Eastside Transportation Partnership Meeting on December 10, 1999, it was announced that the Sound Transit Board position opening up would be going to the Mayor of Kenmore. He stated that there had been a great deal of consternation relative to that appointment, due to the fact that the Mayor of Kenmore would be representing the Eastside, with Kenmore being a community of City Council Meeting December 13, 1999 Page 2 14,000 and not on the Eastside, versus the Eastside communities of Bellevue, Kirkland, Redmond and the Points Communities, with their combined populations of 200,000. Mayor Becker stated that King County Executive Ron Sims would be notified of this displeasure of having no representation from the central eastside area. Mayor Becker also reported that notification had been received from King County Executive Sims that the plan for 30% in transit cuts was moving forward. He stated that Councilmember Morgan would be writing a letter to Executive Sims regarding the City's displeasure in these cuts. Mayor Becker reported that he had attended the National League of Cities Meeting in Los Angeles, and that a matter to be considered would be Medina's participation in this group. He stated that they do have a small cities forum and that most cities in the area are members. The Mayor announced that an Executive Session would be held at the end of the regular city council meeting and that there would not be a vote after that meeting. Councilmember Demitriades reported on the new Initiative 710 and another, not yet named, relative to taxes. Mayor Becker commented that the Legislature was due to convene on January 10, 2000. City Manager Schulze announced that the gifts from the Giving Tree would be picked up and distributed to needy children on Friday, December 17th. CONSENT AGENDA Councilmember Cohen moved to approve the consent agenda as follows: A. Minutes from Regular City Council Meeting of November 8, 1999 B. Minutes from City Council Study Session of November 22, 1999 C. Approval of November 1999 Warrants/Treasurer's Report Regular Warrants - # 13013 - # 13097 Voided #13016, #13051 & Corrected #912991 $ 120, 761.55 Personnel Warrants - # 16950 - # 17004 Voided #16970 & #16987 $ 96,683.99 Councilmember Demitriades provided a second to the motion. All were in favor. SPECIAL BUSINESS Following Mayor Becker's introduction of the City's newest Councilmember Mary Odermat, City Clerk Finnigan administered the Oath of Office. City Council Meeting December 13, 1999 Page 3 STAFF REPORTS PUBLIC SAFETY REPORT Chief Knapp reported that November 1999 had been an active month, with increased enforcement actions related to traffic. He explained that the Department had made preparations for possible disruptions due to the World Trade Organizations Meetings as well as the upcoming Y2K period of time. Councilmember Cohen noted that malicious mischief appeared to be up from last year's total. Police Chief Knapp reported that this year's increase was due to mailbox destruction, most having been run over. Discussion followed regarding the possibility of locked mailboxes for the City. City Manager Schulze commented that the Public Safety Committee was examining this issue. Mark Marcroft, Supervisor for the Marine Unit for the City of Mercer Island and Jeff Magnin, civilian full-time Marine Patrol technician from the City of Mercer Island were present to report on the Mercer Island Marine Patrol, providing a synopsis of how the past season had gone. He commented that the Marine Patrol's number of hours had increased in Medina waters, due largely to WTO and special events centered around the holidays and to the fact that a second boat had been added, on week -ends and holidays. He stated that it had been a relatively quiet year, but that it had run longer than in the past. When complimented by Councilmember Morgan for their presence in Fairweather Bay, Marcroft stated that they had actually had some complaints regarding too much presence. He stated that they had sent informational letters to every waterfront resident along Fairweather Bay regarding the buoy and speed expections in the Bay. Mayor Becker suggested that letters be sent to all residents with 98039 zip code. He noted that a town meeting had been held earlier in the year, for Medina residents concerned about tour boats being too near the shore and that the tour boat operators had cooperated in this regard. Marcroft was not able to establish the dollar amount needed for patrol services at this time, due to the effect of 1-695 upon the City of Mercer Island. He said that he hoped to bring those figures to cities before the season begins. PARK BOARD REPORT It was announced that the December Park Board Meeting had been canceled. PLANNING City Planner Christine Schwamberger reported that results of her outdoor lighting study had been presented to the Planning Commission and that they had recommended that no ordinance be passed at this time. She stated that she would begin administering variance applications, and their presentation to the Board of Adjustment; and City Council Meeting December 13, 1999 Page 4 substantial development permit applications, steep slope variances, and conditional use permits, and their presentation to the Planning Commission. JET NOISE Dr. Bob Rudolph, 1455 Evergreen Point Road, the District Representative in the Part 150 Process, presented a report on the jet noise issue, relating the history of the east turn. He explained that it had been put into place in the late 1970's, with restrictions placed upon it at that time. He stated that the FAA had estimated that, at that time, only about 20% of planes could meet restrictions and make the east turn, with the rest going down the Duwamish corridor. Dr. Rudolph said that over the years, the number of planes meeting the requirements to make the east turn had increased, with approximately 70% of the planes on a north flow day taking the east turn, versus 30% down the Duwamish corridor. Through the use of slides, he displayed flight tracks and their impact on Medina. Rudolph explained that the Part 150 Study was a federally mandated program that was required of all ports in the country, if they wished to obtain federal funding for noise abatement issues. He said that examination of flight tracks was expressly permitted as part of the 150 process. Rudolph further explained that a split east turn would reduce flights over Medina by one half. Councilmember Cohen commented that she felt that at the north end of Evergreen Pt. Road, arrivals appeared to be worse than departures, due to the fact that there are more south flow days than north flow days. Dr. Rudolph stated that changing of arrival stream is not on the table but that in the environmental assessment, it is stated that the arrivals should be on final course at the University of Washington, and that cutting in over Medina would not be in accordance with this requirement. In reporting that he had attended a Mercer Island meeting on December 8, 1999, which had been sponsored by the City and Council of Mercer Island, Dr. Rudolph said that Mercer Island had said that they would do everything possible to oppose the split turn. He stated that the Port of Seattle had emphasized that public input would be very important. Rudolph said that there would be public hearings and a vote in the spring, relative to the issue. Discussion followed. PUBLIC WORKS In the Public Works Report, Public Works Superintendent Carl Burris reported that the dry weather was speeding up the completion of the work in Medina Park and ponds. Burris explained that the maple trees on 7th were being cut due to their advanced age. Councilmember Morgan brought up the possibility of the sale of the wood, and it was decided that this would be discussed at a later time. Clean up of the City's right of ways was discussed. Public Works Superintendent Burris stated that thirty-five letters had been sent out to residents not in compliance and that a process was being established to bill those who did not comply ultimately. City Council Meeting December 13, 1999 Page 5 AUDIENCE PARTICIPATION Coco McDougal, 7857 NE 121h, was in attendance and reported that she had attended the meeting held at Mercer Island High School relative to the jet noise issue and that it was well attended. She stated that her impression was that the residents were well organized, with committees having been formed and that they wanted no planes over Mercer Island. PUBLIC HEARING FISCAL YEAR 2000 BUDGET City Manager Schulze stated that changes from the November City Council Meeting had been incorporated into the 2000 budget. He pointed out that this was a reduction in the capital projects fund of $50,000, directly from the line item for city facilities, to be added to the general fund, under professional services. Schulze further stated that, during the November Study Session, it was requested that $10,000 be added to the parks budget, for special events. Schulze stated that the Public Safety Committee had met and discussed the addition of a FTE clerical position in the Police Department. He said that several different options were being explored regarding coverage, in conjunction with a part-time position. Following discussion, it was determined that justification for this FTE position would be discussed at the next Public Safety Committee Meeting. Mayor Becker requested clarification of the Bellevue Fire Services Contract charges in the 2000 budget. City Manager Schulze explained that the figures shown had been provided prior to passage of 1-695, and that he had not had any suggestion that there would be a change to those figures in the year 2000. He explained that there were so many unknowns and legal challenges related to 1-695 that it would be difficult to ascertain changes at this point. Following discussion it was decided that reserves would be available to cover any additional costs. City Manager Schulze explained that the 2000 budget was balanced, as required by law and that it resulted in a decrease to the 1999 tax rate, but the City was anticipating an increase in actual property taxes to be collected, from an increase in the assessed valuation of the City, due to new construction & remodels in the community and actual increases in valuation of properties. City Manager Schulze explained that the 2000 tax rate would reflect a decrease from 1.20 to 1.13 per thousand of assessed valuation, for the City's portion. Public Works Superintendent Burris stated that he felt that an additional $30,000 would be needed to carry out street programs and maintenance needs. City Manager Schulze explained that it was certain that 1999 would end with revenue over expenses and that after unknowns of projects were determined, a budget amendment could be done. City Council Meeting December 13, 1999 Page 6 Ordinance No. 680 — AN ORDINANCE ADOPTING A BUDGET FOR — THE CITY OF MEDINA, WASHINGTON, FOR THE YEAR 2000, 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 Councilmember Demitriades moved to approve Ordinance No. 680. Seconded by Councilmember Morgan, all were in favor of adoption of the Budget for the City of Medina for 2000. Ordinance No. 681 — AN ORDINANCE CERTIFYING TO THE GOVERNING AUTHORITY OF KING COUNTY THE ESTIMATES OF THE AMOUNT TO BE RAISED BY TAXATION FOR THE YEAR 2000 ON THE ESTIMATED ASSESSED VALUATION OF THE PROPERTY IN THE CITY AS REQUIRED BY R.C.W. 84.52.020 City Manager Schulze explained that budget Ordinances were required by the RCW's of the State of Washington. He stated that the expenditures would require property tax revenues of $1,403,263. Councilmember Morgan moved to approve Ordinance No. 681. The second came from Councilmember Cohen. Approval from the Council was unanimous. Resolution No. 269 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE City Manager Schulze explained that this Resolution was part of Referendum No. 47 requirements, which state that the taxing jurisdiction is required to report any increases in a dollar amount and a percentage amount, and that this would go to the State Auditor and King County, to be used for their tax statements. Concern was expressed by members of the Council as to the language of the Resolution, as written. The City Manager questioned whether or not Resolution No. 269 had to be adopted, due to the fact that Referendum No. 47 did not apply to cities with populations under 10,000. It was determined that the City Attorney would examine this situation further during a short recess, beginning at 8:58 p.m. The Council returned to their regular meeting at 9:10 p.m., at which time the City Attorney explained that his opinion was that Resolution No. 269 did not need to be passed. Ordinance No. 671 — AN ORDINANCE RELATING TO SPEED LIMITS IN THE CITY OF MEDINA Chief Knapp explained that the Police Department's recommendation was for passage of Ordinance No. 671, for several reasons. He stated that these were ease of compliance by the community, ease of enforcement for the officers and uniformity of City Council Meeting December 13, 1999 Page 7 signage. Chief Knapp said that although the history of speed hasn't suggested that it has contributed to accidents in Medina, safety is still an issue. Henry Paulman, 1415 80th Avenue NE, commented that he would be directly impacted by the change in the speed limit and that he would be against such a change. Councilmember Cohen moved to adopt Ordinance No. 671. Seconded by Councilmember Demitriades, all were in favor and the Ordinance was adopted. Ordinance No. 677 — AN ORDINANCE AMENDING ORDINANCE NO. 407, REGULATING SATELLITE RECEIVING SYSTEMS LARGER THAN 39 INCHES IN ANY DIMENSION Ordinance No. 678 — AN ORDINANCE REGULATING TELEVISION SATELLITE RECEIVING SYSTEMS LESS THAN 39 INCHES IN ANY DIMENSION City Manager Schulze introduced Ordinance Nos. 677 and 678, in their revised versions, explaining that Ordinance No. 677 was drafted to establish regulations for satellite receiving systems with dimensions greater than 39". He stated that the Council had expressed a desire to create a less expensive and efficient method for permitting satellite receiving systems less than 39" in any dimension. Discussion followed regarding the increase from 21" to 39" from original drafts of Ordinances, after which it was decided that both Ordinances would return to the Public Safety Committee for further review. ORDINANCES/RESOLUTIONS Ordinance No. 682 — AN ORDINANCE ESTABLISHING A PENALTY FOR FAILURE TO RESPOND TO INFRACTIONS City Manager Schulze explained that this was a housekeeping ordinance as part of the transition from the Bellevue District Court to the Kirkland Municipal Court. In a review of the Ordinances, the Kirkland Court Administrator gave Medina input as to changes that might be made for uniformity between the cities of Kirkland, Clyde Hill and the Towns of Hunts Point and Yarrow Point and the City of Medina. He further explained that Ordinance No 682 was to allow for the maximum fine allowed per RCW for establishing a penalty for failure to respond to infractions. Moved by Councilmember Cohen and seconded by Councilmember Demitriades, all were in favor and Ordinance No. 682 was adopted. Ordinance No. 684 — AN ORDINANCE AMENDING ORDINANCE NO. 664 AND MEDINA MUNICIPAL CODE SECTION 4.01.120, RELATING TO MUNICIPAL COURT SERVICES, TO INCREASE THE FILING FEE AND TO ESTABLISH ADDITIONAL FEES City Council Meeting December 13, 1999 Page 8 City Manager Schulze explained that this ordinance was for the purpose of creating a uniform fee structure for all cities and towns using Kirkland Municipal Court. He explained that the City of Kirkland, City of Clyde Hill, Town of Hunts Point and Town of Yarrow Point had adopted ordinances reflecting the same fees for filing cases, certifying documents on file, probation services, stop payment on checks, returned checks, vehicle impound hearings, proof of insurance/administrative dismissals, electronic home detention, work release programs, day detention and failure to respond. Councilmember Demitriades moved to adopt Ordinance No. 684. Seconded by Councilmember Odermat, all were in favor and the Ordinance passed. Resolution No. 270 — A RESOLUTION OF THE CITY COUNCIL OF MEDINA, WASHINGTON, REGARDING A MITIGATION AGREEMENT FOR PROPOSED EXPANSION OF SR-520. Mayor Becker noted that a page was missing from the copy of Resolution No. 270, and it was then provided to the Council for discussion. It was determined that a change be made to Section 1 (e), changing "current' to "best' and "natural'. Moved by Councilmember Morgan and seconded by Councilmember Preston, Resolution No. 27C was adopted. It was decided that a letter should be transmitted, along with the Resolution, to WSDOT and copied to legislators and other Points Cities and Towns. Mayor Becker indicated that preliminary discussions had already been held with WSDOT and that they were interested in developing this mitigation agreement but that negotiations for doing so were a long way off. DISCUSSION ETP (Eastside Transportation Program) Interlocal Agreement A copy of this agreement, relative to multi -jurisdictional transportation planning, was not available for the meeting. Mayor Becker stated that this agreement could be brought to the January City Council Meeting. ARCH (A Regional Coalition for Housing) Interlocal Agreement City Manager Schulze explained that at a meeting in the spring of 1999, the City had been approached by the Executive Director of ARCH, to join the existing communities as members of ARCH, which would mean participation in funding of their operational or administrative budget as well as participation in their parity fund, which is actually the fund used to build affordable housing. He stated that, as a result of the Growth Management Act, the City of Medina had some goals to meet to create affordable housing and due to the fact that land is so expensive in the area, it would be difficult to create affordable housing, other options had to be explored. He said that through ARCH, the City would be able to get credit for housing created in other communities, as long as it is within the region. Medina had proposed joining as a separate community and the executive board of ARCH did come back with a proposal that Medina could do so, sharing in the administrative budget costs, distributed according to the dollar City Council Meeting December 13, 1999 Page 9 amount that smaller communities pay. He said that costs of $6,390 would be distributed among the Points communities. He said that the Councilmember's packets contained three different items that required action; a) the Interlocal Agreement; b) the First Amendment to the First Amended Interlocal Agreement; and c) the Second Amendment to the First Amended Interlocal Agreement. Councilmember Morgan moved to approve the ARCH Interlocal Agreement. Seconded by Councilmember Demitriades, all were in favor and the Agreement was adopted. City Manager Schulze explained that the intent of the second amendment was to allow two seats on the Executive Board to the Points Community. He said that Jeanne Berry would fill one seat and he would fill the other. DISCUSSION REGARDING BOARD/COMMISSION APPOINTMENT Mayor Becker stated that he had sent out a memo with the application of Miles Adam as his recommendation for the opening created by Mary Odermat's departure from the Planning Commission. All were in favor of the appointment. COMMITTEES Council Committees were set for the year 2000: Finance - Cohen, Lawrence, Preston Personnel - Demitriades, Lawrence, Odermat Public Safety - Demitriades, Cohen, Morgan Public Works - Morgan, Preston, Odermat R-16 - Becker, Morgan, Preston and (from Planning Commission) Nelson & Nunn OTHER BUSINESS Mayor Becker related that he had talked to AWC in Los Angeles regarding the cellular issue and he questioned whether the legislation, which was due to be dropped, was favorable to local zoning. City Attorney Wines stated that overall the language was unimproved. He indicated that there was a great deal of support from other cities in the area that are upset that the industry had given up on agreements that had been reached last year. EXECUTIVE SESSION At 10:12 p.m., and under authority of RCW 42.30.140 4, and RCW 42.30.110, Mayor Becker announced that the Council would hold an executive session to discuss personnel issues and matters of potential litigation. City Council Meeting December 13, 1999 Page 10 REGULAR MEETING The Council reconvened their regular meeting at 11:26 P.M. ADJOURNMENT The Council adjourned the meeting at 11:26 p.m. by common consent. Daniel F. Becker, Mayor Attest:, risten FinniganXity Clerk