HomeMy WebLinkAbout10-23-2000 - MinutesMEDINA CITY COUNCIL
STUDY SESSION
MINUTES
October 23, 2000 Medina City Hall
4:00 P.M. 501 Evergreen Point Rd.
CALL TO ORDER
Mayor Becker called the Study Session of the Medina City Council to order at 4:10 p.m.
Present: Council Members Suzanne Cohen, Paul Demitriades, Mary Odermat, Steve Preston
and Mayor Daniel Becker
Absent: Council Members Jim Lawrence and Thomas Morgan
Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, City Planning Director Jenny
Schultz, Public Works Superintendent Carl Burris, Finance Officer Jan Burdue and
Interim City Clerk Caroll Wedlund
POINT OF ORDER
Mayor Becker announced that the Council would go into Executive Session to review pending litigation.
ANNOUNCEMENTS
Council Member Demitriades announced that he had attended a meeting of the South Sound North End
and Eastside Transportation Program. He noted that several legislative leaders were present, and that if
both 1-745 and 1-722 passed, the Legislature would deal with those issues when they returned to Olympia
in January. He indicated that the legislative leaders had no plan, but were rather waiting for the results of
the Blue Ribbon Transportation Report, and that hopefully, the Governor would take action regarding that
report.
Mayor Becker reported that he and Interim City Clerk Caroll Wedlund had attended the Association of
Washington Cities Regional Meeting, where incumbents and others running for office discussed
transportation and education issues.
Mayor Becker announced that at the Trans -Lake Executive Session meeting, the Executive Committee
was supposed to review both alternatives as well as moving Level I items forward to Level 2.
City Manager Schulze relayed that the Department of Ecology was seeking the Mayor's signature on a
comment letter regarding the final draft of the Stormwater Management Manual for Western Washington.
He also indicated that the Overlake Drive project was substantially completed. City Manager Schulze
continued that the preliminary punch list had been submitted to Mr. Kemper, and that the roadway striping
was pending for a couple of good weather days. City Manager Schulze explained that the NE 241h Street
landscaping restoration would begin this week. He reported that West Coast Construction personnel had
been working with Landscape Consultant Keith Bates regarding some tree issues. This came about
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October 23, 2000
Page 2
because a neighbor had been concerned about the tree species selected. City Manager Schulze
announced that the trees, landscaping and striping would be completed in approximately four weeks.
Turning to the issue of sidewalk vandalism, City Manager Schulze indicated that as the sidewalks on NE
24" Street and on Overlake weathered, the scooter tracks and carved initials would diminish. He
continued that the only other alternative would be to replace the sidewalk sections that had been
damaged. City Manager Schulze declared that the insurance costs, engineering and staff time involved
would be much greater than the cost of repairing the sidewalks, and recommended that the sidewalks be
left as is.
Council Member Demitriades queried when the striping would be completed at NE 24'h Street and
Evergreen Point Road. City Manager Schulze replied that the contractor was waiting for a couple of good
weather days.
Council Member Preston asked about the eastbound lanes at NE 241h Street and 84'h Avenue NE. City
Manager Schulze responded that the information he had received was left turn only.
DISCUSSION
AUTHORIZATION OF CONTRACT FOR FAIRWEATHER PRESERVE
City Manager Schulze referred Council members to the proposed contract with EarthCorps. He
announced that the three sections related to restoration that comprised the scope of the work were the
stream, the trail and planting. City Manager Schulze continued that Cascadia Quest had changed their
name to EarthCorps, which came about because no one could explain what Cascadia Quest did. He
relayed that they would be planting 13,000 plants in the preserve, and that the invasive removal had been
completed. City Manager Schulze announced that the contract amount was $207,523, and that $243,380
remained for the gym work proposed for next year. City Manager Schulze explained that he had recently
discussed the cost with Architect Charles Anderson, and that by eliminating a stairway and a sitting wall
that separated the park area from the reserve area, the City had been able to reduce $120,000 from the
projected price. Further, Architect Anderson did not believe that eliminating the wall and stairway in that
location would significantly impact the overall design, as there would still be a distinction between the gym
area and the preserve section. City Manager Schulze relayed that EarthCorps only needed authorization
for the reserve portion of the work.
Public Works Superintendent Burris explained that part of the contract was that each year clean up would
be performed. Council Member Demitriades interjected that the restoration part of the streambed did not
depend upon the other portion of the project.
Council Member Odermat asked if the Council could be assured that the gym would be completed by
early spring to next summer. City Manager Schulze replied that the City would be advertising for bids in
January or February and that construction could begin as soon as the bid was awarded. He continued
that the work had been proposed for after Medina Days, and that he had not been aware that there had
been any change regarding when the work would be done. City Manager Schulze noted that he could
check with Architect Anderson before the project was ready to go out for bid. Mayor Becker agreed that it
would be a good idea to talk with Charles Anderson before the project was advertised early next year.
City Manager Schulze continued that the gym would be constructed late next year. He pointed out that
the gym could not be constructed now, because it was too late for the open field reseeding germination.
Mayor Becker was concerned about the lack of a warranty for the plants. He was also concerned about
paragraph 1(c) that stated if the City chose to terminate the contractor, the City would still be responsible
for the full value of the contract. City Manager Schulze responded that City Attorney Wines could review
the contract for discussion at the November Council meeting.
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October 23, 2000
Page 3
Council Member Demitriades suggested that the contractor be required to provide proof of insurance
liability coverage as protection for the City. He also inquired whether the City or EarthCorps would install
the notice of land use sign. City Manager Schulze responded that installation of the land use sign would
be a cooperative endeavor. Mayor Becker recommended that the signage be large enough to be
readable. City Manager Schulze suggested that any action be deferred until the November Council
meeting, after City Attorney Wines has reviewed the contract. City Manager Schulze explained that this
was a youth conservation corps project, and that as a result, the contract price was below market. He
cautioned that imposing additional requirements might impact the price.
Council Member Cohen was concerned about delaying a decision until the November Council meeting, as
the longer plants remained in the pots, the worse their condition.
Mayor Becker proposed that if the Council was going to pass a motion, it should be one that the City
Attorney would be comfortable with, and would also protect the citizens. Council Member Cohen moved,
seconded by Council Member Demitriades, to approve the EarthCorps contract for $207,522, subject to
City Attorney Wines' review and freedom to make any necessary changes to protect the citizens and the
City. The motion carried unanimously.
Mayor Becker stated that he wanted the Public Works Department to handle the tree situation on NE 24'h
Street.
AUDIENCE PARTICIPATION
Mayor Becker opened the meeting to audience participation.
GERARD KERN. 2402 — 80T" AVENUE NE
Mr. Kern indicated that he and his neighbor were impacted from a visual standpoint by the trees proposed
for NE 24th Street. He requested that the Council consider moving the canopy layer west of 801h Avenue
NE so that it would not impact their view. He also suggested that if possible, the Department of Public
Works work with him to mitigate the views at those locations. Mr. Kern also predicted that leaves falling
from deciduous trees would have an enormous impact. He requested that the City reduce the number of
trees, or to involve him in the relocation of those trees.
City Manager Schulze relayed that he had reviewed with the involved property owners the option of
removing one tree on each property, in order to open up or retain the existing views on both properties.
He continued that this would still maintain the appearance of pairs of trees, as well as the canopy effect.
City Manager Schulze proposed that the property owners could be notified ahead of time, and that the
trees could be stood upright to determine the exact location.
2001 BUDGET
Mayor Becker asked Council Member Preston for a summary of what had been discussed in the Finance
Committee. Council Member Preston responded that City Manager Schulze had made several
amendments, based upon those discussions. He pointed out that there were numerous areas that the
Committee believed the Council should review, as the Finance Committee did not think it was their role to
pass such budget items. City Manager Schulze added that he had received numerous e-mail questions
and would incorporate the answers into the final budget document, along with supporting information.
Council Member Demitriades queried whether the impact of revenue loss resulting from the passage of I-
722 had been built into the 2001 budget. City Manager Schulze responded negatively, adding that the
2001 budget was based upon present conditions.
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October 23, 2000
Page 4
Council Member Demitriades asked whether obtaining the services of a Hearing Examiner had been built
into the 2001 budget. City Manager Schulze responded that it was not. Mayor Becker queried whether the
costs of a Hearing Examiner would be passed onto the citizens who were appealing. City Manager
Schulze agreed that was the case. He added that there could be some other costs relating to the City
Attorney, to planning staff time, and to administration time regarding the application process. However,
until he knew what authority the Council would give to a Hearing Examiner and the administrative
decisions that would be involved, it would not be possible to address the impact.
Mayor Becker asked if it would be possible to hold a public hearing at the November Council meeting
regarding obtaining the services of a Hearing Examiner. City Manager Schulze responded affirmatively, if
City Attorney Wines could draft an ordinance by that time. City Attorney Wines indicated that if the
Council wished to obtain the services of a Hearing Examiner, he could contact one to obtain that person's
input for the proposed ordinance. Mayor Becker cautioned that Board of Adjustment members were ready
to tender their resignations, and no one was stepping forward to volunteer for this duty, so the Council
must quickly take action. City Attorney Wines pointed out that the ordinance must be passed before the
City could hire a Hearing Examiner.
Council Member Demitriades noted that the 2001 budget contained an increase of 36 percent, plus three
additional full time equivalents. City Manager Schulze relayed that the Finance Committee had discussed
the proposed needs based on workload within each department.
City Manager Schulze reported that the Council had experienced one year of the subcommittee process,
which had resulted in a significant increase in the amount of consulting fees charged to the City for
committee work and related issues. Council Member Demitriades reminded Council Members that an
Otak representative attended Tree Preservation Committee meetings, and that the same situation existed
with all of the other committees. He noted that each committee held numerous meetings, and that not
only was the Council tying up the City staff, but also the time of the consultants. City Manager Schulze
added that the engineering staff had cost close to $100,000, which included not only meetings, but also
some of the project follow up work. He pointed out that there were also issues over which the City had
very little control, such as unfounded mandates requiring reviews and input regarding whether or not the
City should submit comments. He emphasized that the whole spectrum of activity had increased, and that
many were state and regional issues, for which the City received no outside money.
Council Member Demitriades commented that the big driver was the level of construction activity. City
Manager Schulze added that based upon the rate of teardowns and reconstructions, it appeared the City
was on an eleven -year cycle so that most of the properties would have been reconstructed or remodeled
by then. He explained that the City was currently in year five of this cycle.
Mayor Becker asked about the three full time equivalent positions. City Manager Schulze replied that one
was in the Planning Department for code administration, for someone to conduct project inspections and
enforce various construction -related ordinances, start of work, parking issues, mitigation plans, street
cleaning, etc. He continued that the City had neither the staff nor the time to handle such issues, and that
the staff position had been proposed due to the cost of providing that service through a consultant. City
Manager Schulze continued that the second position was in the Police Department, which was consistent
with the recommendations and proposals of Chief Knapp. He relayed that the third position was for
administrative support in the City Clerk's office as a way to provide some mid -day coverage, assistance
with the basic clerical tasks and the interruptions that the City Clerk and Deputy City Clerk were
responsible for during the day, including phone calls, visitors to City Hall, application packets and house
watch forms. City Manager Schulze explained that he had also reviewed the loss of regular staff time to
take minutes at meetings. He noted that the Building Coordinator, the Assistant City Clerk and the City
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October 23, 2000
Page 5
Clerk had 8:30 a.m. to 5:00 p.m. positions, yet their attendance at meetings was required through
overtime or time and a half compensatory time. He pointed out that authorizing this clerical position would
result in a gain of some staff hours as well as a reduction in the cost of taking minutes.
City Manager Schulze explained that he was proposing an increase in sales tax, adding that the amount
was currently at approximately $950,000 for the year. He noted that much of the sales tax was generated
by domestic services and non -construction related activities.
City Manager Schulze pointed out that local criminal justice funding was tied to loss of revenue related to
1-695 passage. He added that the City had received some backfill from the State, but that the funding
was not expected to remain the same. City Manager Schulze relayed that the City was cautiously
increasing building permit revenue.
With regard to the Intergovernmental area, City Manager Schulze noted that the City would probably have
to make an adjustment to the Hunts Point police services contract. He continued that both the Hunts
Point Mayor and the new Town Administrator had been concerned about the increase. City Manager
Schulze noted that both he and Chief Knapp were concerned about the potential for lost revenue, and that
a reduction in the contract amount would be tied to a decrease in the level of service. He pointed out that
the Town of Hunts Point was getting a bargain. Mayor Becker added that Hunts Point residents were also
receiving Mercer Island marine patrol services as well. Council Member Demitriades was of the opinion
that the Town of Hunts Point should be charged for the full cost of service
City Manager Schulze announced that he did not envision any change in the revenues generated from
municipal court services. He noted that it actually fell short of the cost of a public defender, prosecutor
and related services that the City was required to provide for municipal courts.
Chief Knapp announced that the new computer -aided dispatch hardware and software would be installed
within the next six to eight weeks.
With reference to Legislative Services, Council Member Cohen pointed out that the Professional Services
column displayed the largest amount of projected expenditures for next year. City Manager Schulze
responded that at the second Finance Committee meeting, a suggestion had been made to place the
Council -related projects or issues in the Legislative Services portion of the budget. Council Member
Preston clarified that the amount of time the City Attorney spent on ordinances and the effort expended by
the Planning Director were scattered throughout the proposed budget.
Mayor Becker commented that $219,650 for Endangered Species Act (ESA) compliance represented a
"sticker shock". City Manager Schulze referred to a memo that outlined a general approach to budget
consistency, noting that the City had received very little input regarding requirements and regulations. He
emphasized that ESA compliance had been passed down to the City by the federal government, the state
and the county. Mayor Becker interjected that the City was paying the Association of Washington Cities
(AWC), the Suburban Cities Association (SCA), as well as consultants, to review some of these issues.
City Manager Schulze added that SCA was doing work at the general policy level. He added that the ESA
was not watershed related, noting that watershed issues dealt with rivers and wetland matters. City
Manager Schulze pointed out that the focus in Medina would be upon shoreline issues. Planning Director
Schultz added that the City was evaluating its regulations and comparing them to required upcoming
policies. City Manager Schulze explained that he hoped to utilize any of the organizations to which the
City belonged. Council Member Demitriades suggested that a checklist be implemented. Planning
Director Schultz suggested that an interlocal agreement with other communities, along with cost sharing,
might help to reduce the burden. Mayor Becker suggested that a letter be sent to local legislators
indicating that ESA compliance represented a substantial cost for smaller municipalities.
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October 23, 2000
Page 6
Council Member Odermat asked about the tree preservation inventory. City Manager Schulze replied that
he had received a submission from OTAK, and that the City could obtain another one, or it could revise
the proposal in question. Planning Director Schultz suggested that the scope of the work could be
revised, noting that it included several maps and reports, including a health analysis of the trees. Mayor
Becker stated that this would be forwarded to the Tree Preservation Committee for review.
Council Member Cohen suggested that the Council should also determine how long the City should
pursue the Federal Aviation Administration (FAA) over flight issue.
DISCUSSION
City Manager Schulze gave the Council a breakdown of professional services for the proposed 2001
budget, noting that the most significant change was reduction or reallocation of accounting for projects.
He announced that the improvement project had been moved to the capital projects fund rather than the
street fund. He noted that Building Department software applications would allow the City to be in
compliance with the State Auditor's recommendations to account for and to track permits.
City Manager Schulze turned to the reserve fund, noting that he had proposed for this year and 1999 to
transfer the general fund surplus into the reserve fund, which had not been done. He pointed out that it
was all part of the same investment pool. City Manager Schulze emphasized that this did not mean there
was a reduction of $600,000. Council Member Demitriades indicated that he would like to keep the same
level of reserve fund in total. City Manager Schulze responded that he was doing so.
POINT OF ORDER
Mayor Becker suggested that the Council go into Executive Session and then afterwards review any
remaining issues. At 5:44 p.m. and under authority of RCW 42.30.110, an Executive Session was held for
the purpose of discussion of pending litigation. By unanimous consensus, Council members closed the
Executive Session at 6:40 p.m. At 6:40 p.m., the Council reconvened the regular study session.
ADJOURNMENT
Council Members agreed by consensus to adjourn the October City Council Study Session at 6:40 p.m.
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Daniel F. Becker, Mayor
Attest:
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Caroll P. Wedlund, Interim City Clerk