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HomeMy WebLinkAbout10-13-2003 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES October 13, 2003 Medina City Hall 7:00 PM 501 Evergreen Point Road CALL TO ORDER Mayor Becker called the meeting of the Medina City Council to order at 7:02 p.m. ROLL CALL Present: Council members Miles Adam, Drew Blazey, Thomas Morgan, Todd Nunn, Bob Rudolph, Deputy Mayor Mary Odermat and Mayor Dan Becker Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Director (PWD) Shel Jahn, and Recording Secretary Caroll Wedlund Consultants: Planning Consultant Joseph Gellings Landscape Consultant Kristin Hoffman ANNOUNCEMENTS Mayor Becker announced the following: a. For those who were present regarding agenda item H-1, Medina Store Historical Use Permit Application, the Council had not received a recommendation from the Planning Commission, so they would not be hearing that issue tonight. b. The Personnel Committee met and recommended that Mayor Becker appoint Mark Lostrom and Brett Jordan to fill the open positions on the PC, as well as Harold Wirum as an alternate. c. A Trans -lake Executive Committee meeting will take place to introduce the new project team on October 23, 2003 at St. Luke's Church on Bellevue Way from 1:00 — 4:00 p.m. SR-520 tolls and the location of the new toll facility were discussed at the Technical Committee meeting the prior week. d. In addition to the ETP meeting, open houses will be held on October 29 at the Museum of History and Industry in Seattle, and on October 30 at St. Luke's Church from 4:30 — 7:30 p.m. e. Trans -lake is setting up a sounding board and requested a coup e of community representatives. Mayor Becker had been requested at the September Study Session to approach Laurel Preston and Steve Broback, and both agreed to represent Medina on that committee. f. The Points Communities Mayors' meeting was held this morning, which Senator Luke Esser and Representative Rodney Tom attended. Medina and other jurisdictions were concerned about the unfounded mandate to assemble a shoreline management plan, and the liability that would result. The Points Communities asked Esser and Tom to review the unfounded shoreline management plan, and whether or not that was the intent of the legislation. They also had extensively discussed SR-520, and sound walls. Council member Rudolph voiced concern regarding the recent Medina City Council election process, as well as illegal election flyers distributed two nights before the November 2001 Council election. He had obtained the flyer information from Kirkland PD dispatch records and from MPD records. Council member Rudolph moved the city reopen the investigation into the illegal flyer distribution incident that occurred prior to the Council election in November 2001, seconded by Deputy Mayor Odermat. At least two other Council members agreed the investigation should be reopened, resulting in a majority being in favor of such action. Vigorous discussion ensued. Police Chief Knapp relayed what the police records showed for tie evening in question. He said the MPD did not have jurisdiction over a matter involving state election laws, but he would consult with Public Disclosure Commission officials, county prosecutors and the City Attorney about how to proceed. City Manager Schulze relayed the city would reopen its investigation into the election flyer incident. Council member Adam distributed a synopsis of the AWC regional meeting discussion topics to Council members. He also referred to an article regarding the city's facility needs in the Medina Newsletter, and requested when an issue was still under discussion by the Council, both sides of the issue be presented, rather than just one viewpoint. City Manager Schulze relayed he had received an e-mail regarding from Suburban Cities Association to attend the Auburn Chamber of Commerce luncheon on October 20, at which County Executive Ron Sims would be the guest speaker. He had also received an e-mail regarding a conference co -sponsored by Microsoft and the Cascadia Discovery Institute at the Microsoft Executive Campus, entitled Technology, Tolls and Transportation — A Global Look at a Local Challenge, on Tuesday, November 25 from 9:30 a.m. — 3:30 p.m. The cost was $35 for government employees and officials. He also had received a letter that morning from two Medina residents regarding shoreline management guidelines with a request for Council distribution during the meeting. City City Council Meeting Minutes October 13, 2003 Page 2 Manager Schulze had attached letters dated July 30, 1999, March 28, 2000 and July 3, 2000 to provide backup information regarding shoreline management guidelines. CONSENT AGENDA Council member Odermat moved, seconded by Council member Nunn, to accept the consent agenda. Council member Adam wanted to ensure the minutes of September 8, 2003 reflected Council support of City Hall being open five days a week. Council member Morgan amended the motion to remove Item E-5, Ordinance No.743, Tree and Vegetation Code, for consideration under Other Business, since Landscape Consultant Kristin Hoffman had brought up two important matters. The consent agenda was unanimously approved with the above clarification, minus Item E-5, which was pulled for later discussion. E-1 Minutes from September 8, 2003 Council Meeting, with clarification regarding city hall business hours E-2 Minutes from September 22, 2003 Council Study Session E-3 September 2003 Checks and Finance Officer's Report E-4 Appoint Members to Planning Commission Mark Lostrom and Brett Jordan, with Harold Wirum appointed as alternate E-6 Ordinance No. 763, Street Classifications — adopted E-7 Ordinance No. 760, Administrative Variances — adopted AUDIENCE PARTICIPATION Mayor Becker invited audience members to comment regarding non -agenda items. It was noted agenda item H- 1, Medina Store Historical Use Permit Application, had been pulled and was no longer an agenda item. City Attorney Wines advised the Council should delay public comments until there was a public hearing for this issue, because the audience had been informed at the PC meeting the Council would not be considering it until they received a recommendation from the PC. Steve Broback, 3225 Evergreen Point Road, referred to letters and correspondence several Council members had received regarding the Shoreline Management Act Rules public comment period. He was representing three to four waterfront homeowners in the audience. They had been surprised the Department of Ecology comment period was coming up and had not been notified by the city about it. These residents had submitted comments in time, but felt it was important for the city to notify citizens when important issues like this were in the works. He knew there were some critical area ordinance rules coming up for which the city could comment and notify landowners, and requested city participation in the process. He knew the city had not commented to the Department of Ecology about the change in shoreline rules, and Medina would be affected by these rules Ron Santi, 7842 NE 8th, stated recently the community had requested more meaningful and descriptive notices regarding agendas and city business. He noted the setback issue would be discussed this evening, and from reading the public notices or newsletter items, no one in the communi:y would understand that. He asked that some description or explanation be provided for any of the agenda items or public notices regarding city business, so they would not "sneak through the system". Council member Morgan referred to the shoreline regulations, noting Mr. Broback had alerted him the comment period was ending on September 15, 2003. He heard about it on September 13, an obtained the 99-page new regulations and the ten -page introduction. He indicated 194 properties in Medina were affected. According to the draft regulations, the cities would be required to write the regulations tha': must conform to the Bill passed in 1996, obtain approval from DOE and enforce them. This placed an enormous burden on Medina's waterfront homeowners because 200 feet of upland and shoreland were af-ected by these limitations. The city's responsibility to enforce this was potentially an enormous unfunded mandate, because Medina must sustain, combat and pursue any suits that may be brought against them for any rules it might write that any waterfront owner did not like. A number of corporations and individuals successfully sued DOE in 1999 regarding the state - administered rules, resulting in shifting responsibilities to the cities. He cautioned the city really had to stay on top of this. Mayor Becker added this issue had been discussed with Medina's legislators at the Mayor's meeting this morning. PFPC)PT4 Police Department —Chief Knapp reported the following: a. Three new car prowl e-alerts were issued since the last Council meeting. Since January 2002 Medina had experienced 60 car prowls, of which 12 had been solved, for a 20 percent clearance rate. City Council Meeting Minutes October 13.. 2003 Page 3 b. Early this morning, an officer observed a stolen vehicle proceeding northbound on Evergreen Point Road (EGPR). The officer notified surrounding jurisdictions, and tracking dogs were brought in to assist. The vehicle was found abandoned on EGPR, but the thieves had already stolen another unlocked car on that same street. He reminded citizens to lock their vehicles, to remove all valuables as well as ignition keys. c. Since the last Council meeting, MPD had successfully concluded two rape investigations in Medina. d. MPD also identified four individuals responsible for a burglary in Jure 2003. Search warrants were executed on a Medina residence, but the stolen property was not recovered at the time. However, that was sufficient incentive for a number of people to reconsider their position, resulting in MPD's recovery of all property. e. Another burglary occurred via an unlocked bedroom window, with an approximate loss of $5,000. He cautioned citizens to lock their homes and windows. Of 27 burglaries committed since January 2002, MPD had solved 18, or 67 percent f. Medina experienced two domestic violence arrests last month. Deputy Mayor Odermat referred to Medina's no -pursuit policy, noting last night an MPD vehicle was stopped with lights flashing at the Seattle end of Evergreen Point Bridge. She inquired what the officer had been pursuing. Captain Chen, from the audience, stated Officer Wight had identified a person in Medina's jurisdiction at Hunts Point who had proceeded onto the SR-520 on -ramp. The first safe spot to pull the vehicle over was on the other side of the bridge. Officer Wight cited the driver for having expired license tabs. Chief Knapp explained the typical procedure was after identifying the offender, the officer moved in behind the vehicle, but did not stop it on the bridge. Lights were not displayed until the first available opportunity to pull over that vehicle. During that interim period, there was no pursuit. If an MPD officer activated emergency lights on the other end of the bridge, and the defendant took off, Medina would not pursue, but would instead relay the information to Seattle. Deputy Mayor Odermat was concerned about the city's lack of coverage when an officer was on a stop in Seattle. Chief Knapp indicated MPD encouraged their officers to stay within the area, and stated he would review the incident. Council member Adam referred to the Traffic Infractions category of the monthly Police Report, and inquired whether MPD was doing anything differently this year versus last, as the category was up about 60 percent. Chief Knapp replied MPD had been responsive to a number of speeding comp aints, and had placed more emphasis on the areas where they had received the most complaints. Deputy Mayor Odermat suggested more speed monitoring signs were needed, particularly on EGPR. Chief Knapp replied they tried to purchase such equipment via grants, and were waiting for one to purchase a speed sign. A Medina citizen from the audience complained NE 82Id Street had turned into a raceway, and suggested a speed monitoring sign there might help. Planning —Nothing to report. Public Works—PWD Jahn reported the windstorm on October 12 resulted in 3 downed trees in the right-of-way, perhaps more, and numerous branches all over the city. There were also 10 Poplar branches on 84th Avenue NE, of which 3-4 were fairly large sized. He was not aware of any power outages in Medina. The city had a contract with a street sweeper to clean the mess. Park Board —Chair Connie Gerlitz announced the Park Board was working discussions of what should go into the budget, as well as the official donation policy. She relayed the PW crew was working miracles in the city's parks. Ms. Gerlitz reminded them at the last Council meeting she had requested advice whether or not irrigation of the rest of Medina Park was feasible. The response had been irrigation of Medina Park would be placed on the Council agenda; however, this had not occurred. The response from citizens had been overwhelming regarding how pleased they were with the irrigated portion of Medina Park. The Park Board wished to pursue irrigation of Medina Park in phases. Council member Nunn stated he was in support of irrigation in Medina Park. Council consensus was to proceed with investigating irrigation for the remainder of Medina Park. Council member Morgan wanted to know the cost for irrigation this year, the number of hours this year, and the total projected cost. Finance Committee --Council member Rudolph reported local retail sales and use tax receipts were below the projected budget amount for this time of year by $175,023, building permit receipts were down $120,363 below budget projections for this time of year, and investment interest was behind $14,682, for a total of $310,068 below the projected budget for this time of the year. Sales tax receipts laggec by about three months, as the city was just receiving the July sales tax numbers. There was some thought sales tax monies were picking up, so the picture may not be quite as bleak by the end of 2003. On the brighter side, expenditures from the general fund City Council Meeting Minutes October 13, 2003 Page 4 were $200,000 below expected expenditures for this time of the year. Current estimates were that by the end of 2003, the budget would be more or less balanced for income versus expenditures. Council member Morgan reminded Council member Rudolph a capital project would be initiated in November. Personnel Committee —Mayor Becker reported the Personnel Committee had met and recommended the Council appoint Mark Lostrom and Brett Jordan to fill the open positions on the PC, as well as Harold Wirum as an alternate. Council member Nunn stated he knew Mark Lostrom, but wanted this as an agenda item as he was not familiar with the others, and did not have any of the resumes. Deputy Mayor Odermat pointed out Council member Rudolph had been disappointed with the process, and she agreed with Council member Nunn. She suggested it should be Council procedure in the future that the Personnel Committee interview Planning Commission applicants. Council member Rudolph added he had called the Planning Commission and had also talked with Council member Adam, a former member of that body, to determine their input. By consensus, the Council appointed the above applicants to the Planning Commission. Emergency Preparedness --Council member Blazey relayed he, Deputy Mayor Odermat and Chief Knapp had attended the latest Emergency Preparedness meeting. Surveys were mailed to all Medina households, and only 25 were returned. This did not generate enough data to be meaningful, so the Emergency Preparedness Committee was looking for other ways to generate information. City Manager's Report —City Manager Schulze referred to a letter from former Mayor Thornton Thomas recommending that plans be developed now for celebrating Medina's 50" anniversary in 2005. He relayed Clyde Hill's planning efforts took about two years, and suggested recruitment of volunteers to serve on Medina's 50`h anniversary planning committee should begin as soon as possible. The Council authorized City Manager Schulze to advertise in the Medina Newsletter for volunteers to serve on the 50`h anniversary planning committee. The event would occur in either July or August of 2005, in conjunction with Medina Days. OTHER BUSINESS Reduction of Permit Process Time --Council member Adam inquired whether the City Manager had an opportunity yet to compare Medina's service standards regarding the various building permits with those in Bellevue. City Manager Schulze replied Bellevue had a significant investment in on-line software and additional staffing. Council member Adam asked if Bellevue's six -day remodel turn around was for home remodels, and whether he had been able to compare that with Medina's standard. City Manager Schulze was not prepared to discuss the details yet, and it remained an open item. Discussion of Side Yard Setback Recommendations —Mayor Becker referred to agenda item 1-1, Discussion of Side Yard Setback Recommendations, and inquired whether there (-ad been a problem with posting. City Manager Schulze replied some individuals wanted to submit something in writing to the Council, and had been concerned regarding contact levels on the agenda and on the website. It was suggested this agenda item be deferred to the next Council meeting. Deputy Mayor Odermat stated it was valid for those individuals to express their concerns and for the Council to consider them. City Manager Schulze commented a public hearing required published notice. It would be nice to have the agenda complete and solid well in advance, but that was not always the case. PUBLIC HEARING 2004 Budget and Property Tax Levy —City Manager Schulze distributed hard copies of his Power Point presentation, and gave a budget overview. He noted the budget process required two public hearings, the first one on the performance of the current year budget, as well as projected revenues and the proposed property tax levy for the upcoming year. This was the first hearing, and the second one was on the total proposed budget for the following year, including all expenditures and projected revenues for each of the funds included in the budget. He reviewed the financial overview for the 2003 budget, including budget versus actual revenues. City Manager Schulze noted 2003 sales tax was a significant concern, as well as, Medina's licenses and permits. 2003 expenditures showed almost $300,000 below the budget. However, there was a project to be started in November that would adjust this amount by approximately S150,000. He relayed economic issues at the national, state and local levels affected the revenue issues of shortfall in the sales tax, primarily associated with people not purchasing at the same level as in the past decade. The state financial climate and local government assistance were major issues for the city, and the Council and staff would be following them closely over the next year or two. Voter -approved initiatives, as well as the state's budget issues, trickled down to local government. Medina had experienced a significant reduction in revenue received from state pass through and assistance from the state. He explained the general fund revenue history, noting the general decline from 2001 to 2003. The street City Council Meeting Minutes October 13, 2003 Page 5 fund had been relatively stable, right around $100,000 since 1999, the year that Medina lost the motor vehicle excise tax, in part due to 1-695. The courts overturned 1-695 but the state had already eliminated that tax, so it was gone. That revenue had been dedicated to street maintenance and improvements, so Medina lost around S50,000. In 2000, Medina had a fairly significant amount of capital projects fund revenue; however, it was down around $300,000 annually. The majority of revenue Medina received in that fund was from real estate excise tax. In December 2002 the Council increased the real estate tax by the one q-tarter of one percent it was allowed, so Medina now received one half of a percent of the real estate excise tax. That was a dedicated funding source for capital improvements. Other than grants the city would potentially receive, that was currently the only funding source for capital projects. City Manager Schulze turned to total revenue all funds, showed 2001 was the year Medina received the largest amount of revenue, primarily from sales tax. He also relayed most of the increase in property taxes from 1999 to 2003 was a result of new construction and the increase in assessed valuation in Medina. Although the amount of revenue the city had received from property taxes as a total had increased, the opposite was happening with the tax rate, which was actually decreasing the amount per thousand of assessed valuation charged per property. In 1996 the amount of assessed valuation per thousand was S1.34. This year, Medina's tax rate was $1.037 per thousand assessed valuation. The revenue projections for 2004 property tax were based on the 1 % levy increase and new construction. Both the sales tax and building permit fees were projected to decrease based on 2003 actuals. 2004 property tax projections had been updated to include the total assessed valuation estimate at 1 percent increase from the King County Assessor's office. Medina's property tax at 1 percent maximum increase would be $2,055,000, as reflected in the agenda packet. Medina was experiencing about a 2 percent increase just in new construction, plus the 1 percent the city was allowed on top of that by state statute. The sales tax projection forecast over the next 3 years was just under $1 million. Assuming the sales tax streamlining issue was resolved in Medina's favor, the city could see a fairly significant increase He noted for the past 3 decades, in the first half of each one the economy had been low, and in the latter half, it had improved. Projections were for the economy to continue with that trend. Therefore, Medina would experience limited growth in total revenue for the next 3 years. Medina could see some improvement around 2006-2007, assuming the economy improved and sales tax streamlining issues were resolved. In reviewing the 2003 fund balances, the picture changed monthly due to sales tax revenue, as well as building permit activity, but no big surprises were expected. For 2004, a slight reduction was projected, due to use of earmarked funds. City Manager Schulze was trying to identify some potential financial support sources for street fund capital projects, as that was one area where the city was not meeting its expenditure requirements versus revenues. The unknowns were sales tax fluctuation and city facility decisions. City Manager Schulze reviewed the fund balance history, noting the city had ended 2001 with a significant ending fund balance in the general fund, primarily due to the sales tax. In 2003, the city transferred $900,000 from the general fund to the reserve fund. This was simply a transfer of funds the city had accumulated over time from the general operating fund to the reserve fund. Therefore, 2002 showed an increase of S900,000. City Manager Schulze noted the 2003 Seattle area Consumer Price Index for all Urban Consumers (CPI-U) inflation factor was at 1.5 percent, compared to almost 4 percent in 2001. He noted the general fund expenditure history had been around $3.5 for about 3 years. City Manager Schulze did not see that changing in 2004. With the exception of 2000, street fund expenditures had been around $400,000 annually for street maintenance, storm sewer maintenance and sidewalk maintenance, which did not involve capital projects. The capital projects fund showed a lot of fluctuation, primarily caused by providing several carry over projects. He was hoping to balance that for a fairly level annual requirement for capital projects. He continued total expenditures for all funds had been between $4-5 million for the past 4 years. City Manager Schulze reviewed the next steps, explaining the preliminary budget would be delivered to the Council the end of October, along with the budget message. November 15 was the deadline for cities to adopt the maximum property tax levy for 2004. That would have to occur at the November 10 Council meeting, which would also be the final public hearing on the 2004 budget. However, if they were still discussing the budget at the conclusion of the November final public hearing, the Council had the option of continuing it. He cautioned December 31 would be the last date to adopt the final 2004 budget. City Council Meeting Minutes October 13, 2003 Page 6 City Manager Schulze cautioned the 15-20 small works projects added up to $200,000. That was the type of maintenance which had been deferred and had not been funded in the past. These small works projects would at some point in the future end up as very significant costs, if they were not funded. Mayor Becker inquired if anyone in the audience wished to speak regarding the proposed budget, no one did. Following further discussion, the Council by consensus supported the 2004 property tax levy at S2,055,701. They also gave direction to the City Manager as follows, a. Consider a utility tax as a revenue source for capital projects/streets; b. Contact utilities for gross revenue projections in Medina, c. Need to identify discretionary and non -discretionary expenses; d. Budget document responsibility, and e. Departmental presentations. OTHER BUSINESS Ordinance No. 743, New Tree and Vegetation Code —Council memt:er Morgan stated Landscape Consultant Kristin Hoffman had raised questions regarding Ordinance No. 743. He noted the language change to reflect new street classifications per PWD Jahn's landscaping requirements, for minor arterial and collector streets. However, there had been one omission; Evergreen Point Road's collector designation ended at 781h Place NE. It had been left out because of the shift in designation of Medina's streets. He suggested the entirety of Evergreen Point Road should include 78`h Place NE. Council member Morgan also asked if there should be a minimum amount of tree replanting. Kristin Hoffman, Otak Landscape Consultant, referred to page 11(d), and suggested 50 percent replacement for trees in the right-of-way. Mark Nelson, 1233 Evergreen Point Road, referred to heavily wooded lots and thought those owners should not be required to plant more trees. Council member Adam commented trees in the housing envelope did not count. Mr. Nelson liked the idea of "acceptable landscape practices", as there should be some discretion. City Attorney Wines advised the homeowner probably would not be entitled to a variance for this, because variances only applied to zoning ordinances. Council member Morgan recommended the following language be added to 12.28.065, beginning of paragraph d, "At least 50 percent of the required replacement trees shall be planted on the lot." The rest of the paragraph could remain as written. Kristin Hoffman referred to page 11(d) and recommended changing 100 percent to 50 percent for trees in the right-of-way. She suggested the following wording, "Should the onsite placement of the number of trees required by this section, as determined by the city landscape consultant, after a review of the applicant's plan, be inconsistent with the acceptable landscape practices, the property owner may pay a fee in lieu of planting alternate required trees into the Medina Tree Fund. The fee shall only be applied to those inches in excess of 50 percent replacement, and shall be based on a per caliper inch cost equal to the required number of replacement caliper inches now planted on the subject property." Vassos Demitriou, 8901 Groat Point Drive, stated the language already stated the city landscape consultant should make a determination. He questioned why that person should not be the determinant for whether 50 percent of the trees should or should not be planted on the site. City Attorney Wines advised it was a question of how much power the Council wished to give to the landscape consultant. If the Council wished to assure a minimum of 50 percent of tree replacement on the lot, they should state it as a requirement. That way, the consultant could decide whether the other 50 percent should not be placed on the lot because it did not agree with accepted landscape practices. City Manager Schulze pointed out this item had been on tonight's consent agenda and it was therefore assumed Ordinance No. 743 had been ready for passage. He felt there were citizens who would want to present to participate in the discussion. Council member Morgan thought the building footprint issue could be easily corrected, and suggested inserting "Measuring from the eave line of the proposed building". Mark Nelson, 1233 Evergreen Point Road, noted because of the root structure, a tree within ten feet of a house was in danger of dying after the home was constructed. He also inquired about whether a primary building included a detached garage. Planning Consultant Gellings replied primary building was defined in Chapter 17.12.010, and the definition excluded detached garages. City Council Meeting Minutes October 13, 2003 Page 7 Dar Web, Landscape Architect, suggested the replacement tree ratio iDe lowered to 100 percent for trees under 24 inches, yet still have a graduated scale for larger trees. He thought the issues that made sense at 100 percent still made sense with regard to bigger trees. He did not understand why more trees were required just because a tree was a certain size. Mayor Becker responded the reason was the city placed value on significant trees, and that issue had been discussed a number of times. Mr. Web inquired whether the replacement requirement meant native species. Kristin Hoffman did not see the requirement in the same species as an issue. Vassos Demitriou, 8901 Groat Point Drive, referred to the primary building, and inquired whether Ordinance No. 743 could be stated as, "The footprint of all buildings allowed on that site". Mayor Becker responded in the past the city had allowed for the primary building only, and not auxiliary buildings. Mr. Demitriou also did not know what the first four lines meant in paragraphs "a" and "b" of Ordinance No. 743, and suggested the language be clarified. Council member Morgan referred to the last paragraph of page 1 and beginning of page 2 in Ms. Hoffman's memo and suggested they be identified in the current classification of Medina's streets. Kristin Hoffman pointed out there were currently Medina streets which required landscaping in the right-of-way that with the new street classification would not be required in the future. Council member Blazey explained the Council had just been trying to change the street definitions to make more sense. Council member Morgan reiterated his wish to add Evergreen Point Road north of 78`h Place NE. Mayor Becker explained reclassification had resulted in exclusion but that had never been the intent. City Manager Schulze added during the public hearing there had been discussion about excluding NE 6'h Street and NE 28`h Street. PWD Jahn referred to page 8, 12.28.030, Applicability, subparagraph B(1), and suggested changing "arterial street" to the new classification, and to incorporate the streets described as well. By consensus, the Council cirected the changes discussed tonight be included in Ordinance No. 743, for the November Consent Agenda. Discussion of Side Yard Setback Recommendation —Planning Consultant Gellings referred to his staff report and explained how he had arrived at his estimate of no greater than 2 to 4 percent of all R-16 and R-20/R-30 lots becoming nonconforming. Council member Nunn emphasized there had been no consideration as to how to assist the really small lot owners in handling their nonconforming structures. Medina had recently passed very strict variance requirements. He suggested consideration be given to decreasing side yard setbacks for very small lots that were currently adversely impacted. He suggested the discussion be expanded to small lots. Ron Santi, 7842 NE 8th Street, recalled Council member Morgan's concern when this issue had been proposed was large train houses on narrow deep lots. As proposed, the side yard setback recommendation did nothing to address the articulated concerns of Council member Morgan. Mayor Becker explained the Council had not yet proposed an ordinance for this issue. When they got to that point, it was something they could take into consideration. Mr. Santi advised renewed notice should be sent to affE!cted R-16 property owners that this issue had been resurrected for further discussion. A Council member suggested R-20/R-30 owners with property more than 135 feet wide also be notified, because they would also be impacted. City Manager Schulze cautioned there were always property owners who complained of being left out or how the notice was worded. City Attorney Wines advised the changes suggested were significant enough to warrant returning the side yard setback issue to the Planning Commission. Following further discussion, the Council decided upon generic notice in the Medina Newsletter, with optional website notification, that the issue of side yard setbacks had been resurrected for further discussion. Residents could pick up a copy at City Hall. They also decided to return the side yard setback recommendation to the PC for discussion in December, with direction for expansion to include decreasing the setback for smaller lots. Ratify Labor Agreement between City of Medina and teamsters Local No. 763, Office -Clerical Employees — Council member Blazey was concerned about the city paying 100 percent of health benefit premiums. City Manager Schulze explained this had been negotiated upon direction from the Council during their September 8, 2003 Executive Session. The Council had authorized the contract, and he had presented the city's offer, which was accepted. He explained this contract only applied to four emp oyees. Further, a number of cities were working toward negotiating agreements for 2004-2007 that would shere the increase in health benefit costs for anything above a certain percentage. The Council decided to take this issue into Executive Session Consider Adoption of ordinance No. 762, Amending Ordinance No. 758, Procedures for Zoning Changes and Historical Use Permits —City Attorney Wines explained this was a housekeeping ordinance to amend the procedures set forth in Ordinance No. 758, because it could have been interpreted to require two public hearings for zoning changes. Under regulatory reform, only one public hearing was allowed, and then the Council reviewed City Council Meeting Minutes October 13. 2003 pnye 8 it based upon the record before the Planning Commission. He had clarified the language to state that historical use permits presented unique conditions, and new evidence could be received upon a motion of the Council in addition to the PC hearing, but that would be at the option of the Council. Council member Adam moved, seconded by Deputy Mayor Odermat, that the Council adopt Ordinance No. 762, Amending Ordinance No. 758, Procedures for Zoning Changes and Historical Use Permits, and the motion carried unanimously. EXECUTIVE SESSION At 11:01 p.m., the Council by consensus adjourned into Executive Session to discuss labor negotiations, per RCW 42.30.110(g) and potential land acquisition, per RCW 42.30.110(c) and reconvened at 11:48 p.m. ADJOURNMENT Council member Morgan moved, seconded by Council member Nunn, to adjourn the meeting at11:48 p.m., and the motion carried unanimously. Daniel Becker, Mayor Attest: Caroll P. Wedlund, Recording Secretary