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HomeMy WebLinkAbout09-10-2001 - MinutesMEDINA CITY COUNCIL PUBLIC HEARING AND REGULAR MEETING MINUTES September 10, 2001 Medina City Hall 7 00 PM 501 Everqreen Point Rd. Mayor Becker called the public hearing and regular meeting of the Medina City Council to order at 7:05 p.m. ROLL CALL Present: Council Members Suzanne Cohen, Paul Demitriades, Thomas E. Morgan, Mary Odermat, Steve Preston and Mayor Daniel Becker Absent: Council Member James Lawrence Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Captain Jeff Chen, Planning Manager Jenny Schultz, Public Works Superintendent Carl Burris, and City Clerk Caroll Wedlund ANNOUNCEMENTS Mayor Becker reported the following: • The Trans -lake project committee meetings have been postponed 60-90 days, and any decision on EIS alternatives will be deferred until after January 1, 2002. State Department of Transportation representatives requested a meeting with the City of Medina within the next month to discuss alternatives, and will also meet with other jurisdictions throughout the corridor. • A seminar on achieving cleaner water will be presented by the Department of Ecology in Spokane on April 10, 2002. • The shorelines rules adopted by the Department of Ecology rules have been temporarily postponed and have not been enacted. Council Member Demitriades announced the following: • A WRIA 8 meeting regarding storm water run off from the bridge and roadway would be held September 26, 2001 from 3:30 to 5:30 p.m. at Mercer Island. • The 1-405 project EIS comments are due October 3, 2001. Council Member Morgan commented the fish in Medina Park pond had died, so planting them for future Medina Days might not be advisable. POINT OF ORDER Mayor Becker announced an Executive Session would be held following tonight's meeting to discuss pending litigation. CONSENT AGENDA Council Member Odermat suggested the minutes of August 13,2001 be changed to reflect Mayor Becker had relayed Joseph Brazen suggestion the city might consider purchasing equipment for Medina Days, in order to eliminate the need for rental each year. Council Member Cohen moved, seconded by Council Member Demitriades, to approve the consent agenda, which passed by unanimous consensus. STAFF REPORTS PUBLIC WORKS REPORT Public Works Superintendent Burris relayed only one connection remained for conversion of mobile data terminals in police vehicles. He also indicated a temporary crosswalk had been installed just east of Medina Elementary School. Public Works Superintendent Burris also stated he was waiting for the global positioning system equipment to be delivered. PLANNING DEPARTMENT REPORT Planning Manager Schultz announced her intention to submit a quarterly report regarding all permits in the system, decisions rendered, staff comments, and potential code changes. She relayed Hearing Examiner Jim Driscoll would be present at the September 24, 2001 Study Session to give advice and to discuss potential code changes. Planning Manager Schultz indicated she would set up a meeting after that with him and Medina's new Building Official, Bob Rohrbach, to discuss past practices, and the future of Medina. Planning Manager Schultz stated she had been working on the salmon incubator issue, and would deliver a report at the September Study Session. Council Member Morgan requested this report be in written form. Planning Manager Schultz promised a recommendation from the Planning Commission at the next Study Session regarding the structural lots issue. City Council Meeting September 10, 2001 Paae In conjunction with the Shirley construction mitigation report, Council Member Demitriades requested Planning Manager Schultz furnish critical milestones for the Shirley project. City Manager Schulze clarified the Shirleys were still looking at the same date for substantial completion. In order to extend the permit, all exterior work and landscaping would have to be completed, with only interior work remaining. PUBLIC SAFETY REPORT Captain Chen announced Chief Knapp was in Washington, D.C. on business. He referred to the August, 2001 Police Department report, noting four residential burglaries, which were all instances where garage doors had been left open. Captain Chen urged residents to lock their cars, to draw down their garage doors and to activate home alarm systems. He relayed eleven unlocked vehicle prowls had occurred on August 12, 2001. Captain Chen viewed these prowls as crimes of opportunity. He also noted an officer had recovered one ounce of cocaine from a suspect. Captain Chen requested residents to call 911 if they saw any suspicious activity. AUDIENCE PARTICIPATION Mayor Becker opened the meeting to the audience for non -agenda items. Gretchen Dawson, 1849 Evergreen Point Road, Medina, asked the Council to consider a proposal to help preserve the Medina Grocery. She stressed it was a landmark in Medina, and demolition was forever. Ms. Dawson suggested a workshop with Mrs. Lee. Both Council Members Morgan and Demitriades recommended this emanate from the citizens, rather than the city. Nancy Price, 7806 NE 10th Street, Medina, referred to the petitions circulated during Medina Days, noting 335 signatures had been collected. She stressed the community wished the Medina Grocery to be reopened. Council Member Morgan suggested Mrs. Lee receive a copy of the petition. City Manager Schulze indicated shortly after Mrs. Lee's Hearing Examiner meeting, she had left the country for a couple of months. However, Mrs. Lee had recently been in contact with the Planning Department. Planning Manager Schultz added Mrs. Lee had hired both an architect and an attorney to assist with resubmittal for another conditional use permit, which would also include a store. Mayor Becker requested City Attorney Wines to prepare some of the options available regarding the Medina Grocery for presentation at the next Council meeting. City Attorney Wines suggested Planning Manager Schultz inform Mrs. Lee community residents were interested in working with her to restore the Medina Grocery. Ron Santi, 7842 NE 8th, Medina, suggested the Council adopt a resolution regarding preservation of the Medina Grocery as a store. Cindy Pigott, 1031 Evergreen Point Road, Medina, inquired about a questionnaire emanating from the community for City Council candidates. Mayor Becker relayed citizens were welcome to question those running for City Council, adding the King County Elections Office would be sending a voter's pamphlet to residents. Council Member Demitriades suggested Ms. Pigott call the Municipal League of King County for further information. Joseph Brazen, 3204 — 76th Ave. NE, Medina, reported $31,000 had been raised for Medina Days, at a cost of $30,000, so there was a net of $1,000 for the event. He announced the 2002 Medina Days celebration would be held August 6-10, 2002. He also mentioned the fish in Medina Park Pond had died, and suggested they be planted in the spring next year. OTHER BUSINESS 2002 — 2007 CAPITAL IMPROVEMENT PLAN City Manager Schulze requested guidance from the Council regarding establishing a long-range Capital Improvement Project for budgeting purposes, as well as planning and engineering work over the next few years. He noted the figures projected for public dock expenditures were based on a quotation from Waterfront Construction. City Manager Schulze explained it was difficult to assess a property tax levy if King County did not provide the proper information until mid - November. He continued decisions would be made over the next few months whether to hire a staff person to fill the role of city engineer, or whether to contract for that position, adding this item could be part of the 2003 budget. Mayor Becker mentioned with the recent set -aside of Department of Ecology rules, the City might want to consider Medina's public boat docks sooner rather than later. City Council Meeting September 10, 2001 Page 3 Following discussion, the Council by unanimous consensus directed a resolution should be prepared for adoption o, the 2002 — 2007 Capital Improvement Plan at the October 8, 2001 Council meeting. NEW BUSINESS INTERLOCAL AGREEMENT FOR INTEGRATED AQUATIC VEGETATION MANAGEMENT PLAN City Manager Schulze relayed the Town of Hunts Point had requested the City of Medina consider an agreement they had prepared for the Points Communities for an integrated aquatic vegetation management plan. He stated if approved by Medina, a consultant for Hunts Point would prepare an inventory of the aquatic weeds in Hunts Point and Medina, as well as a plan of control for invasive aquatic weeds to kill the milfoil. City Manager added the cost would be a fairly reduced rate from what was typically charged. He explained signing the interlocal agreement would initiate the study and Hunts Point would prepare a grant application afterwards. If the City did not agree at that point, they would not sign the grant application. City Manager Schulze noted the Town of Yarrow Point had decided against involvement, and suggested the Council not participate at this point, due to the chemicals that would be utilized. Council Member Morgan was in favor of proceeding with the study, but if any question of toxicity arose, the City should rescind participation. He suggested a study be conducted and a grant application completed. Council Member Demitriades cautioned there might be liability under the Clean Water Act. Mayor Becker suggested the City hire a consultant to inform the Council of available options and suggested courses of action. DISCUSSION OF 9TH CIRCUIT DECISION IN THE AUBURN v. QWEST CASE City Attorney Wines announced a lawsuit had been initiated a lawsuit because Qwest had sent invoices after moving telephone poles due to street restructuring. Due to the expense, a number of cities were highly impacted by this. Medina agreed to join the suit, and Qwest filed a counter claim. City Attorney Wines relayed the U.S. District Court had ruled in Auburn's favor rei arding relocation, and refused to hear challenges on the telecommunications ordinance. The case was appealed to the 9 Circuit, who held a great deal of the telecommunications ordinances were an infringement and an undue burden upon telecommunications companies. He noted the cities were seeking a Writ of Certiorari before the U.S. Supreme Court. They approached a number of cities and asked for a fixed contribution. City Attorney Wines recommended the City authorize payment of $2,000, because it was an expensive endeavor to appeal to the U.S. Supreme Court. Council Member Cohen moved, seconded by Council Member Demitriades, to authorize a $2,000 contribution, which passed unanimously. ORDINANCE NO. 722 AMENDING MMC CHAPTER 2.16 POLICE DEPARTMENT City Manager Schulze explained Ordinance No. 722 amending MMC 2.16, would allow more language flexibility regarding the organizational structure of the Police Department and the Chief's duties. He noted the present language dated back to the early 1980s, and did not reflect the current department duties or organizational structure. City Manager Schulze added Ordinance No. 722 added duties for the Chief and responsibility for coordination of fire and marine services, emergency medical services, and other related duties. Council Member Odermat moved, seconded by Council Member Preston, to approve Ordinance No. 722, which carried unanimously. REQUEST FOR HEARING EXAMINER RECONSIDERATION OF VARIANCE Council Member Odermat stated the Council minutes of August 13, 2001 reflected the City Attorney would determine whether or not there was basis for Hearing Examiner reconsideration regarding a resident's variance request. City Attorney Wines stated the Hearing Examiner's opinion remained unchanged; however, the he had corrected the record to show all of the material had been considered in reaching the initial decision. ATTENDANCE AT PARK BOARD MEETING Council Member Odermat inquired whether Mayor Becker and Council Member Demitriades had attended the August 20, 2001 Park Board meeting. Both replied negatively, adding they would attend the September 17, 2001 Park Board meeting. ADJOURNMENT Council Member Preston moved to adjourn, seconded by Council Member Demitriades. All were in favor, and the meeting was adjourned into Executive Session to discuss pending litigation at 8:28 p.m. Danie . Becker, Mayor Attest: Carol[ P. Wedlund, City Clerk