Loading...
HomeMy WebLinkAbout12-10-2001 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES December 10, 2001 Medina City Hall 7 00 PM 501 Evergreen Point Rd. Mayor Becker called the regular meeting of the Medina City Council to order at 7:00 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 Chief Michael Knapp, Public Works Superintendent Carl Burris, Planning Manager Jenny Schultz, and City Clerk Caroll Wedlund Consultants: Keith Bates and Joseph Gellings, OTAK Consultants AWARDS Mayor Becker read aloud resolutions honoring Council Members Suzanne Cohen, and Steve Preston for their service on the Council, and presented them with plaques of appreciation. He noted Council Member James Lawrence was absent, and would be sent a resolution and plaque of appreciation. Chief Knapp read aloud citations for Records Manager Linda Crum and Officer Dan Yourkoski, and presented each with an award. ANNOUNCEMENTS Mayor Becker announced the following: • He just returned from the National League of Cities conference in Atlanta, and had available a report from the Business Committee, as well as the annual business meeting notes. • During the National League of Cities conference, Mayor Becker was informed a new federal agency was being created to take care of all transportation systems, including airports, pipelines, freeways, etc. • A decision will be made by January 30, 2002 regarding what options will be included in the Trans -lake Environmental Impact Statement. CONSENT AGENDA Council Member Preston moved, seconded by Council Member Demitriades, to approve the consent agenda, which carried unanimously. STAFF REPORTS PUBLIC SAFETY REPORT Chief Knapp updated the Council regarding the investigation surrounding complaints of political advertisements distributed in conjunction with the recent election. He relayed the information had been provided for opinion to the Public Disclosure Commission, the King County Elections Office, and the State Attorney General. Chief Knapp noted the Public Disclosure Commission had contacted person who mailed the flyers, and that individual would receive a letter from them. Should the matter occur again, there will be an enforcement hearing and the person involved could be fined up to $500. Chief Knapp continued the second flyer sent had been from an anonymous source. He stated candidates affected by this action should deal directly with the Public Disclosure Commission, as that entity did not consider this to be a police matter. He instructed the recipients of the anonymous material to contact the Public Disclosure Commission, if they wished to pursue the matter. Chief Knapp relayed a residential burglary had occurred last month, with golf clubs stolen from the garage. He noted the house alarm was not on at the time of the burglary. Chief Knapp stated four car prowls had occurred during November, for a total of 30 during 2001. He cautioned the audience to lock their vehicles and to remove valuables from them. Chief Knapp also announced a vehicle was stopped on Evergreen Point Road, wherein the driver had a gun in his possession, and the passenger was also arrested for possession of drugs. PUBLIC WORKS REPORT rweather Park was nearly complete. He also noted a memorial Public Works Superintendent Burris relayed the work on Fai tree was planted in Medina Park during November. He stated the Public Works Department was fully prepared for any snow. PLANNING REPORT Planning Manager Schultz stated the Planning Commission was ready to make a recommendation regarding large homes. She noted they had also been working with nonconforming use resulting from the new regulation. She added the Planning Commission intended to complete this work prior to introducing their maximum house size recommendation in January. City Council Meeting December 10, 2001 Page 2 Planning Manager Schultz relayed the Planning Commission had also reviewed the Comprehensive Plan amendment and recommended denial. Planning Manager Schultz continued she and Council Member Demitriades had worked together on a grant proposal for improvements to the Medina Stream. AUDIENCE PARTICIPATION Mayor Becker opened the meeting to the audience for non -agenda items. Dr. Robert Rudolph, 1455 Evergreen Point Road, Medina, updated the Council regarding the Eastside Citizens Against Airplane Noise (ECAAN) lawsuit against the Port of Seattle, noting the Port had moved the lawsuit to federal court. However, ECAAN had the lawsuit remanded to King County Superior Court. He noted the Port had filed a summary judgment on December 21, 2001 asking the court to disregard all of ECAAN's claims. Connie Gerlitz, 2415 — 781' Avenue NE, Medina, voiced concern regarding lack of communication regarding issues affecting the Park Board, and requested they be kept informed. OTHER BUSINESS PUBLIC HEARING CONTINUATION — 2002 BUDGET City Manager Schulze stated the Council met on December 1, 2001 to discuss the 2002 budget, and as a result, made significant changes. He noted capital projects expenditures had been reduced by $145,000. At the end of 2002, the reserves held by the City would increase by approximately $525,000. He noted reserves encumbered by certain expenses were intended for use each year, as with the Dustin property purchase. The Council discussed the debt fund and balloon payment for the Dustin property. City Manager Schulze promised to prepare a memo and chart showing the adjustments that had been made and the interest on the Dustin property purchase. City Manager Schulze pointed out taxes would remain at $.13 per $1,000 of assessed valuation. He indicated total expenditures would increase from by $116,720 2001 to 2002. City Manager Schulze relayed the Council would be asked early next year to address future funding of capital improvements which maintained the existing infrastructure. He also pointed out the amount under "Legal" should be $40,000 rather than $80,000, as reflected in the total general fund expenses part in the individual line items. AUDIENCE PARTICIPATION Mayor Becker opened the Public Hearing to the audience. Miles Adam, 8424 NE loll Street, Medina, inquired about the total fund balance for next year. City Manager Schulze replied the 2002 ending fund balance was $4,066,469.60. Art Dietrich, 707 Overlake Drive East, Medina, suggested Commission and Board members be required to attend Council meetings, so they would be aware of current events. He also suggested criteria be generated for department head performance pay, with Council participation. Council Member Morgan referred to Council Member Lawrence's e-mail of December 10, 2001 regarding Ordinance No. 731, 2001 Budget Amendments, and wondered if these expenses had already been counted in 2001. He also inquired about the total expenditures. City Manager Schulze replied the report included the expenditures outlined in the amendment, adding there would be no increase beyond the November 30, 2001 expenditure report, and passing Ordinance No. 731 would not affect the 2002 budget. Council Member Morgan inquired about expenditures in the "all funds" portion of the budget, and indicated there was a discrepancy not accounted for by the decision cards. City Manager Schulze reviewed a number of proposed expenditures, noting those items were not covered in the decision cards because they were started after the 2002 budget was built. Council Member Morgan referred to the reserve fund transfer and asked if the City Manager was prepared to discuss it. City Manager Schulze stated he would like to bring this issue back to the Council for the January meeting, probably extending it to the January Council Study Session for a budget amendment. Council Member Morgan was of the opinion the reserve fund should be doubled, due to uncertain times. ORDINANCE NO. 730 ADOPTING THE 2002 BUDGET Council Member Preston moved, seconded by Council Member Demitriades, to approve Ordinance No. 730 adopting the 2002 budget, which passed by unanimous consensus. City Council Meeting December 10, 2001 Page 3 ORDINANCE NO. 731 2001 BUDGET AMENDMENTS Member Morgan to approve Ordinance No. 731, Budget Council Member Cohen moved, seconded by Council -- Amendments. The motion carried unanimously. OTHER BUSINESS PUBLIC HEARING CONTINUATION FOR ORDINANCE NO. 729 AMENDING MMC 17.12 RELATING TO STRUCTURAL LOT COVERAGE ting code regarding decks, terraces and patios. He pointed out Joseph Gellings, of OTAK, reviewed the loophole in the exis an appropriate language definition of mechanical equipment had not yet been finalized. Mayor Becker asked Chairman Mark Lostrom, of the Planning Commission, if he had reviewed ordinance No. 729. Mr. Lostrom responded the Commission had worked extensively with this ordinance to determine acceptable definitions. AUDIENCE PARTICIPATION Mayor Becker opened the Public Hearing for Ordinance No. 729 to the audience. Chuck Otis, 8623 NE 101' Street, Medina, voiced concern regarding creating more strange homes if the Council did not review this issue more carefully. He suggested the house next to his as an example. Mayor Becker stated the public hearing for Ordinance No. 729 would be continued to the January meeting. OTHER BUSINESS RESOLUTION NO. 284 ADOPTING A POLICY FOR RECOGNITION OF CITY STAFF CONSULTANTS COUNCIL MEMBERS AND OTHER VOLUNTEERS City Manager Schulze requested permission to continue this issue to the January Council meeting, as he wished the City Attorney to review it. The Council agreed to do so. ORDINANCE NO. 723 RELATING TO CONSULTANT COSTS City Planner Schultz explained Ordinance No. 723 was a housekeeping ordinance further clarifying the language relating to pass through consultant costs. City Manager Schulze added the City tracked consultant times related to an address or a potential project and if a permit was applied for, the costs were accrued against it. She added Ordinance No. 723 was a proposal to include in-house time as well, and passing this ordinance would give the City the ability to charge per hour rates for the time staff spent doing permit -related work beyond the base permit fee. Planning Manager Schultz added the City could charge for pre -application meetings, telephone calls and site visits. City Manager Schulze pointed out it was a user fee, as opposed to a general tax fee. Council Member Morgan suggested a minimum amount of service be defined for any applicant, so the Council could address the problem of how much the City would charge for a particular building -related service before they began charging extra fees. City Manager Schulze explained the level of service would be an agenda item for the 2002 Council retreat, adding the Council had been furnished with a spreadsheet last year showing the actual costs, the current permit fee, the amount subsidized and the proposed new fee. Council Member Morgan suggested the City absorb the first $500 of cost, and the applicant should pay beyond that amount. Council Member Preston moved, seconded by Council Member Cohen, to pass Ordinance No. 723 Relating to Consultant Costs. Mayor Becker requested a definition of what the baseline consultant cost would cover, which should be spelled out in the application process. City Manager Schulze stated a definition could be provided regarding when a staff person would cross over to a consultant position. Mayor Becker inquired how this ordinance would affect current projects under construction. City Manager Schulze replied most projects under construction would typically be under the authority of the Building Official or the Building Inspector, and the landscaping consultant would handle landscaping issues. Mayor Becker suggested an administrative procedure be prepared to include a revised rate schedule, so the ordinance would not become effective until five days after the Council acted upon the fee schedule for consultant costs. The Council voted unanimously to approve Ordinance No. 723, with an effective date five days after the Council approves the administrative procedures and fee schedule at the January meeting. DISCUSSION OF WORK PLAN FOR IMPROVING ZONING ORDINANCES AND LAND USE REGULATIONS Planning Manager Schultz recommended the criteria for site circumstances should be interpreted very broadly, as this would reduce the number of variance requests. She suggested a procedure for staff code interpretation be created, and volunteered to draft a procedure for moving through this process for later presentation to the Council. The Council accepted the work plan for zoning and land use ordinance improvements. City Council Meeting December 10, 2001 Page 4 DISCUSSION OF TREE PRESERVATION ORDINANCE NO. 732 Council Member Cohen suggested she, Council Members Demitriades and Morgan meet to discuss Tree Preservation Ordinance No. 732. Mayor Becker suggested this become an agenda item for the January Council Study Session. AUDIENCE PARTICIPATION Mayor Becker opened discussion of Ordinance No. 732 to the audience. Chuck Otis, 8623 NE 10"' Street, Medina, stated he had written to the Council a year ago, requesting he be kept apprised regarding tree preservation in Medina. He cautioned Council Members to be aware of potential liability if a property owner was denied cutting a tree that later fell due to disease. He noted fruit trees died of old age and owners of such trees should not be forced to go through the permit process to remove them. Mr. Otis was also of the opinion Medina property owners should not be required to have a tree permit to cut weeping willow, cottonwood and poplar trees. Mayor Becker suggested Mr. Otis be invited to a Tree Preservation Committee meeting. Scott Fisher, 2656 — 781' Avenue NE, Medina, emphasized the Medina Municipal Code was turning his lot into a "tree farm", and it did not allow for a variety of tree sizes. He encouraged the Council to review the Code and to include allowances for " beautification of the lots". TREE PRESERVATION FUND Keith Bates, of OTAK, requested Council approval to exercise an option for deposit of $139 per caliper inch into a tree fund for lots under development. tee'o'The vote was unanttorney Wines adde imousio adopt $139 per caliperuesting inchasthe tree replaroval for the cement prevailingo t. of ates was req installation of a replacement NEW BUSINESS Mayor Becker noted some citizens were concerned about the design of the NE 8"/82"d Avenue NE project. City Manager Schulze responded consultants could attend a meeting to review the design. _ EXECUTIVE SESSION The Council recessed at 9:52 p.m., followed by Executive Session. The Council reconvened the regular meeting at 10:25 p.m. Council Member Morgan moved, seconded by Council Member Demitriades, to authorize the following actions recommended by Consultant Barbara Lichman in her memo of November 19, 2001, and the motion carried: 1. Provide comments on the revised Noise and Land Use Compatibility Program (NCP) by the December 27, 2001 deadline. the comment period for an informal meeting with the Federal Aviation 2. Make a written request within Administration concerning the revised NCPs. 3. Obtain data supporting Noise Exposure Maps (NEMs) through a public records request. 4. Evaluate the NEMs and supporting documents and data and make a policy decision based upon this review concerning a legal challenge to the FAA approval of the NEMs and/or incorporation of any inadequacies with the NEMs into the City's comments on the NCP. ADJOURNMENT Council Member Morgan moved, seconded by Council Member Cohen, to adjourn. The motion passed unanimously, and the meeting was adjourned at 10:29 p.m. ADaniXBecker, Mayor Attest: { Caroll P. Wedlund, City Clerk