HomeMy WebLinkAbout11-10-2003 - MinutesMEDINA CITY COUNCIL
REGULAR MEETING MINUTES
November 10, 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 7:00 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 Captain Jeff Chen, Public Works
Director (PWD) Shel Jahn, Planning Director Joseph Gellings, Finance Officer Jan Burdue and
Recording Secretary Caroll Wedlund
Consultant: Kristin Hoffman, Otak
ANNOUNCEMENTS
Council member Blazey relayed last month in Executive Session, the Council by consensus had agreed to cap
health care costs. Mayor Becker stated this issue could be discussed under "J", New Business. Council member
Blazey also announced he would later be distributing a memo regarding the illegal election flyer distribution
Council member Adam stated the only option Sound Transit was presenting was a toll plaza in Medina, if they
were to charge tolls, and suggested the city request other options. If the four -lane option were picked, there would
be no LIDs in Medina. The only time LIDS would come into play would be if there were a minimum six -lane bridge.
He suggested sending a notice to Medina citizens concerning these issues. He suggested the Council start
establishing a trend line so they would not miss the thought process of Medina citizens. He also wanted at some
point to discuss facilities strategy, and suggested a survey of Medina citizens be conducted to garner their
opinions regarding this issue.
In response to Council member Adam's inquiry during a prior meeting regarding permit streamlining, City
Manager Schulze stated Bellevue used a special program for this, which cost several thousand dollars to join.
Mayor Becker announced for those present to hear the Medina Store Historical Use Permit Application issue, the
PC had continued their November 4 meeting to November 11, 2003. Therefore, the Council would not consider it
until they received the PC recommendation.
CONSENT AGENDA
Council member Rudolph moved, seconded by Deputy Mayor Odermat, to accept the consent agenda. Council
member Morgan stated item 3 of the Finance Officer's report confused him, as he thought the header column
should be labeled October rather than September. Finance Officer Burdue stated she would correct it. With
regard to the October 13 minutes, Council member Adam stated the Council decision was that city hall should be
open five days a week. The consent agenda was unanimously approved as modified.
E-1 Minutes from October 13, 2003 Council Meeting
E-2 Minutes from October 27, 2003 Council Study Session
E-3 October 2003 Checks and Finance Officer's Report
E-4 Ordinance No. 743, Tree and Vegetation Code - adopted
AUDIENCE PARTICIPATION
Steve Broback, 3225 Evergreen Point Road, indicated he was keeping abreast of DOT issues facing the
community. He distributed two brochures authored by the Transportation Infrastructure Financing Alternatives
(TIFA) Legislative Oversight Committee, noting state law did not require local comprehensive plans to set aside
land that was required for building state transportation improvements. The result was land acquisition costs could
substantially increase during the time it took to develop and fund a state transportation improvement. The DOT
had identified projects which would require future land purchases in the statewide transportation plan, yet there
was no way to compel local jurisdictions to reserve land or to rezone specific properties for future projects. Mr.
Broback urged the Council to be involved. He also offered his e-mail address, steve(a�avondalemedia.com. City
Attorney Wines and Planning Director Gellings will collaborate to prepare a response to the TIFA comments that
Mr. Broback distributed.
REPORTS
Police Department —In Chief Knapp's absence, Captain Chen gave an overview of MPD activity during October:
a. An officer apprehended a male suspected of kidnapping a 10-year o'd boy from the Spokane area. Corporal
Dan Yourkoski did an excellent job in apprehending the suspect.
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November 10, 2003
Page 2
b. Four forced residential burglaries occurred within the past 10 days all in the north part of Evergreen Point
Road. The suspect stole a bicycle, ditched it in Fairweather Nature Preserve, and eluded MPD officers. A i
unit was called in to assist. The dog lost the scent when the suspect dove off a dock into Fairweather Bay and
hid aboard a boat until the next day, when he committed the fourth and final burglary. MPD also recovered the
bag containing stolen merchandise, and the goods were subsequently returned to the owner. MPD also
gathered fingerprints and forensic evidence, and Captain Chen was confident they would be able to identify
the suspect.
c. MPD has organized a 7:00 p.m. crime prevention meeting on Novemc)er 19 at Bellevue Christian School.
d. Approximately 400 residents now received Community E-lert messages, and the amount was growing daily.
e. A project called Child Safe has furnished MPD with 500 gunlocks, which are available free to citizens.
Planning —Planning Director Gellings outlined his credentials and work experience for the Council.
Public Works—PWD Jahn referred to the Public Works activity report and opened the meeting to questions. A
Council member emphasized items with budgetary consequences s-iould be forwarded to the Council for
approval. PWD Jahn requested additional clarification, noting the failing small retaining wall in Medina Beach park
had been funded in the 2003 budget and approved by the Council. He rioted it was quite time consuming for the
PB to request approval of every proposed project. City Manager Schulze did not know whether or not the Council
was interested in the design and engineering of a retaining wall, as they would approve the actual construction
project anyway. A Council member relayed if there were any projects on -going, the boards could recommend a
course of action, but final approval was the Council's responsibility. City Manager Schulze stated typically project
design was a staff -level decision. It was suggested PB members would like to participate in this discussion as
well, and this topic should be moved to a Study Session to determine the interests and concerns. By consensus,
the subject was tabled with the intent to discuss at a future Study Session.
Mayor Becker thought the fence issue between the Simonyi and Pigott properties had been resolved a few years
ago. PWD Jahn responded the documents showed the property line location, and a survey was being conducted.
The current chain link fence line was not on the newly established property line, per the agreement. That was why
a survey was needed.
Council member Blazey asked about the buckled walkway in the city right-of-way between NE 12'h Street and NE
14`h Street on 801h Avenue NE. PWD Jahn responded it was in the Capital Improvements Plan. Also, the PW crew
planned to work on the green belt on 80'hAvenue NE at Medina Park Place before the end of this year.
Deputy Mayor Odermat inquired about the ten-year land use permit with Puget Sound Energy. PWD Jahn replied
there was no cost for the permit. However, there were a lot of costs associated with getting everything in place.
Council member Rudolph gave a recap regarding what had transpired at the SR-520 open house. Tolls would be
included, to be collected automatically with transponders. A tollbooth was also planned. Three LIDs were
anticipated, at 761h Avenue NE, 84'h Avenue NE and 92nd Avenue NE, which would cost about $60 million each.
The SR-520 Bridge was anticipated to open by 2014. A Council member urged the Council to push for collecting
from the 1-5 side of the bridge, as opposed to the east side. PWD Jahn volunteered he had 4, 6 and 8 lane
depictions available for view. He noted the SR-520 cut through Medina actually sliced into part of Medina Circle.
However, these were preliminary design alternatives.
Park Board —On behalf of the Park Board, PB member Brazen requested Council support to designate and
illuminate a holiday tree with white lights in Medina Park. The PB had identified the giant sequoia in Medina Park
near the 5-corners intersection area of the Park as being an excellent candidate for the proposed holiday tree. He
pointed out such an endeavor would create a good community spirit and could be seen from all five corners at the
entrance to Medina. Council member Adam moved, seconded by Council member Blazey, that the Council
support the holiday tree. Mayor Becker objected. PWD Jahn stated the total one-time cost for the lights and
electrical connection was estimated at $450, and could be funded from the Miscellaneous account in the Parks
Department budget. The motion carried, with four Council members in favor, two opposed, and one abstaining.
Finance Committee --Council member Rudolph reported local retail sales tax receipts were below the projected
budget by for this time of year by S220,412. Building permit receipts were $95,913 below the budget projections
for this time of year. Investment interest was 516,749 below the projected budget amount. Overall, the city was
$232,000 below budget. He predicted the city's financial outlook would be better by the end of the year.
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November 10, 2003
Page 3
Personnel Committee —No personnel report.
Emergency Preparedness --Council member Blazey relayed an Emergency Preparedness Committee meeting
would be held November 19 at 5:00 p.m. in City Hall. Council member Morgan added information was
forthcoming from Bellevue Police Department regarding an upcoming bio-terrorism conference, and thought
Captain Chen and other PD personnel would be interested in attending.
City Manager's Report —City Manager Schulze reported the 2002 audit exit interview on October 30, 2003
resulted in a clean audit with no findings. There would be a couple of recommendations provided by the auditor to
the city staff as areas for improvement. Council member Rudolph attended this meeting with the auditor and staff,
and he read aloud the auditor's comments, noting strong internal controls and the city's commitment to preparing
timely and accurate financial reports.
PUBLIC HEARING
Pubic Hearing--2004 Budget —City Manager Schulze referred to his November 6, 2003 memo to the Council
recommending direction for the final 2004 budget. He noted the following policy decision were required of the
Council:
a. Identify expenditure reductions to be made,
b. Determine whether the city's utility tax rate would be increased, and
c. Determine the amount of reserves/carryover to be used for the 2004 budget.
City Manager Schulze referred to the updated copies of the budget, noting this version included an increase in the
2003 projected year-end revenue, which would still bring the total revE:nue projection well under the budgeted
2003 amount. He projected an increase in the ending fund balance for 2D03 and 2004 beginning fund balance by
about $123,000. 2004 projections were what the Council had seen in the past.
City Manager Schulze continued during the last meeting, the Council had asked staff to determine $400,000
worth of cuts, which he had identified for discussion. He requested direction from the Council regarding the utility
tax rate and determination of carry over of reserves to the 2004 budget. City Manage Schulze referred to agenda
item H-1 (b), noting he had also identified a group of Medina residents who had expressed interest in serving as a
sounding board for key issues facing the community. These individuals represented a diverse cross-section of the
community, including young families, long-time inhabitants, new citizens and retired residents. Via e-mail, he had
presented the following three options to the group to address the problem of revenue decline and to get some
background on the budget the city was facing:
a. Use reserve funds as a sort -term solution,
b. Decrease expenditures and service levels, and
C. Increase and diversity revenues.
City Manager Schulze had cut and pasted the e-mail responses as part of the Council packet, and what could be
learned from those responses was:
a. The budget/fiscal problem has not been effectively communicated to residents.
b. Expenditure constraints and reductions will be a necessary and acceptable element of any strategy, but
most likely not to the extent that services will be noticeably reduced
c. Revenue increases may be acceptable, but only if explained, justified and accompanied by expenditure
reductions.
J. A long-range financial strategy that is explained and communicated to the residents will support the
necessary policy decisions and increase public confidence in the local government.
e. Residents really do care and appreciate opportunities to participate, but it will not happen if the opportunities
are offered as part of the public meetings. The city has to find ways to encourage public participation that fits
the lifestyles of today.
City Manager Schulze referred to agenda item H-1(c), a memo from a report he had recently received entitled
"Good Management During Times of Fiscal Distress", noting the contents were good points to be followed. He
reviewed and recommended expenditures, and also distributed background information regarding temporary
space costs.
A Council member requested a copy of the e-mail City Manager Schulze sent to the resident sounding board
group. City Manager Schulze cautioned due to the Open Public Meetings Act, Council should not discuss such
information among themselves or with him outside of Council meetings. He relayed the sounding board was a
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November 10. 2003
Page 4
group of 20-15 residents who had been identified through input received at meetings, contacts at City Hall, and
staff members who had identified people they communicated with on a regular basis. Initially, there had been 30-
40 e-mails inviting people to participate. He noted this was not a scientific study, but rather an opportunity to
obtain community feedback. City Manager Schulze offered to furnish the Council with a list of names of those
residents who participated. Council member Morgan was interested in the cross-section representation of these
Medina citizens, and requested the entire comments. City Manager Schulze replied he had only deleted the
headers to protect their ability to offer individual comments.
Council member Adam thought the Council should squeeze down some of the consulting dollars. He was not sure
this was the time to add more staff, and suggested delaying the hire of eny additional employees until the Council
had addressed the facilities strategy. Council member Adam also thought the public should be involved.
Council member Morgan inquired about the $96,320 reduction in force from the MPD. City Manager Schulze
stated that issue should be discussed in Executive Session.
A Council member wanted clarification regarding how much savings the city would see between using consultants
and hiring permanent employees, and how much of their cost would be covered by the fee schedule. City
Manager Schulze stated it would be helpful to have received advance notice, rather than having another hanging
issue that had not yet been answered. The Council member stated a response was not needed tonight, and
suggested the November Study Session or the December meeting would be adequate. He also wanted to know
how much of the $400,000 savings the Council would be able to project through other sources.
Council member Rudolph recalled hiring in-house staff versus consultant fees had been an issue the Council had
discussed previously, and it had been a Council majority rule the city would hire staff to replace consultants. He
inquired about space needs for the new in-house employees. In his capacity on the Finance Subcommittee, he
reviewed consultant fees each month, and the city had spent $31,000 for them this past month. Council member
Rudolph continued the City Manager had projected a substantial savincis by using in-house employees. He also
suggested making sure the building permit review process was self-sustaining. His recollection was City Manager
Schulze had stated $120,000 in additional revenue could be garnered, if the fee structure were revised for the
actual services provided. City Manager Schulze indicated it was still in that range, but would depend greatly upon
the amount of permit activity. Three fairly large projects were anticipated within the next one to two years, and he
did not see that activity reducing significantly within the next several years. Council member Rudolph inquired if it
was possible for the consultants to cut their hourly rate in an effort to save money on consultant costs.
A Council member suggested fees be increased to cover 100 percent of the city's costs, rather than subsidizing
them, and inquired whether next year's fee structure was adequate to cover all of the costs. City Manager
Schulze noted there had been a challenge to Medina's permit fee structure not long ago, and that information had
been provided to the Council regarding prorated costs and the revenuE the city received. He offered to provide
this information.
It was suggested the Council give City Manager Schulze a spending target, rather than go through the budget line
item by line item. Deputy Mayor Odermat asked the City Manager to relay his thoughts regarding what he would
like the Council to do with this information. City Manager Schulze recalled at the last meeting, the Council had
requested identification of $400,000 in expenditure reductions, with no direction regarding the level of service or if
the Council wanted to entertain subsequent service reductions. He noted the Council wanted to improve customer
service and other improvements, which contradicted trying to find some management efficiencies and reduction of
expenditures. He thought there were some improvements that could be made without reducing expenditures. The
list attached to item H-1 had been compiled to determine $400,000 of reductions, based on minimal input on
policy decisions regarding what would go into those reductions. The Council had stated in the past they did not
want level of service reductions. If that was changed, the suggested list could be approached differently.
City Manager Schulze noted there were many things the Council could consider for service reductions, and gave
some examples. However, the Council would not want to eliminate the parity of ARCH $10,000 contribution each
year, noting some cities participated in ARCH every other year. A Council member recalled the Council had also
discussed adding a utility tax. He was not pleased with eliminating the lifeguard program, but anything the Council
cut would be painful. Another Council member asked if there was a possibility of squeezing out an extra $200,000
through increased efficiencies. City Manager Schulze responded the amount of time the consultants spent at City
Hall for meetings could be reduced. However, there were some real efficiency concerns in other areas of
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November 10, 2003
Page 5
operation that would be impacted by doing that. He wanted to find different ways of communicating with
consultants before suggesting any changes.
Mayor Becker opened the meeting to comments from the audience.
Ron Santi, 7842 NE 8th Street, was against any kind of property tax increase. He noted the S90,000 amount for a
landscape consultant seemed to be excessive. He assumed the S50,000 amount under Legislative Services was
for a lobbying influence, and thought that amount was too much. City Manager Schulze responded that was for
the 2003 budget. Mr. Santi thought there were areas where cuts could be made, such as reducing newsletter
costs, spending less for consultants, and reducing PD overtime. He also suggested there were community
members who would like to become involved. Further, after so many years of surpluses, it was permissible to dip
into reserves a little bit.
City Manager Schulze requested direction from the Council in the form of a motion regarding what he was
supposed to do with the proposed 2004 budget. With regard to the expenditure reductions, he asked whether the
Council wanted him to continue to identify cuts. He also needed direction regarding the utility taxes. City Manager
Schulze also inquired what level of accumulated reserves the Council was interested in using for 2004. He asked
if the Council wanted him to look at the consultant cost revenue analysis. He also queried whether the Council
wanted him to provide a little more information on government efficiencies via reducing consultant costs.
A Council member suggested going along with the dollar amount of expense reductions the City Manager had
identified. He noted taking out the additions and costs saved on the items he had identified would be $325,000.
This $325,000 amount should be the cost goal for City Manager Schulze to determine line item expenditure
reductions in the budget. It was suggested two items that may be a little expensive were the ARCH contribution
and eliminating the lifeguards from the summer program. City Manager Schulze clarified it was a reduction in the
ARCH contribution made for projects. Council member Adam added the city would still be contributing $10,000, A
Council member suggested broad, general guidelines should be given to the City Manager to follow in formulating
the suggested 2004 budget. It was pointed out eliminating the lifeguards would be painful, and the Council would
hear about It. Also, a lot of people did not want to increase the utility tax because they did not want backlash.
A Council member announced Medina was one of the few cities that (lid not have a utility tax. He emphasized
Medina had a utility tax before, and a 3% utility tax would provide an extra $200,000 to $300,000 per year. Such a
tax would not be a big hit on any individual household. It was speculated many citizens would rather have a 3%
utility tax than to have services reduced. City Manager Schulze guessed the utilities tax could be in place around
February. It was recalled the city could save $50,000 to $100,000 if Hunts Point and Medina's permit activity were
consolidated. City Manager Schulze stated Council approval for the permit consolidation and direction to start
hiring staff members to replace consultants would take approximately three months. It would also take another
month for notices to be given and to actually have the employees on board, assuming the consultants in those
positions were interested in becoming Medina staff members. A Council member stated eliminating consultants
and replacing them with staff would save the city $79,000.
A Council member suggested the Council wait until they had received further subcommittee input regarding the
facilities strategy. City Manager Schulze noted there would be initial start up costs the first year when hiring staff
to replace consultants. He explained there were some other areas that could be reduced, and used as examples
capital projects design work for Medina's smaller projects, construction oversight and management that staff
could do. City Manager Schulze continued the work generated by assuming the Hunts Points permits amounted
to roughly ten percent of the Medina workload. There had been discussion of being able to do this when Medina
had adequate in-house staff. He emphasized those efficiencies could rot be created with consultants who were
part time, and who also served other clients.
Following a straw poll taken of the Council, Mayor Becker announced the proposed utilities tax was still on the
table for consideration. Council member Rudolph noted the city would and up with some expense cuts, and the
Council would then decide whether or not they wanted to take the extra expenses out of reserves or split them
between reserves and a utility tax. It was noted the City Manager would work on a new fee schedule, and if he
found revenue in that way, the Council could pull back on some of the cuts and leave the reserve constant. Mayor
Becker suggested the City Manager come up with other options, and th(� Council would then look at the structural
issue. Deputy Mayor Odermat clarified the Council was not going to make the budget decisions tonight, and
suggested the City Manager be given direction regarding the Council recommendations tonight.
City Council Meeting Minutes
November 10, 2003
Page 6
City Manager Schulze requested the Council to review item H-1(c) in the packet entitled "Good Management
During Times of Fiscal Distress". He indicated there were some very clear statements in that memo which pointed
out very specific sound management strategies to avoid dangerous quick fixes for budget problems. Due to the
revenue reductions Medina had experienced and the city's heavy reliance on sales tax and property tax, a real
dependency had been created on sales tax, which fluctuated monthly. He requested the Council develop long-
range financial policies regarding how to approach these budget problems. Mayor Becker suggested continuing
2004 budget review to the November Study Session, and the Council agreed by common consent, with the
following requests:
a. Send the Council a list of sounding board participants;
b. Consultant cost revenue analysis,
c. Response to consultant costs in general,
d. Reductions should be $325,000 with consultants out and staff in and
e. Identify management efficiencies regarding structural changes.
Consider Adoption of Ordinance No. 764 Setting Property Tax Levy for 2004—City Manager Schulze
referred to his memo of October 31, 2003, and recommended Council adoption of Ordinance No. 764, Settling
2004 Property Tax Levy. He noted the Council must set the 2004 property tax levy and submit it to King County
no later than November 15, 2003. City Manager Schulze also relayed the levy amount could be decreased after
November 15, but may not be increased. He indicated the ordinance would set the 2004 property tax levy at
$2,055,701, which was the maximum statutory levy increase of 1%. Council member Morgan moved, seconded
by Council member Blazey, to adopt Ordinance No. 764, Setting Property Tax Levy for 2004, and the motion
carried unanimously.
Ratify Labor Agreement between City of Medina and Teamsters Local No. 763 — Public Works Employees
—It was noted agenda item 1-2, Ratify Labor Agreement between City of Medina and Teamsters Local No. 763 —
Public Works Employees, had been taken off the agenda.
Discussion of Historical Use Permit Application — Medina Store —Planning Director Gellings announced he
had been hoping for a PC recommendation. However, the PC had been unable to complete its deliberations last
week, even though their meeting went past midnight. They had a special continuation meeting planned for
November 11, 2003. It was suggested the Council defer discussion until they received a full PC recommendation.
City Attorney Wines recommended continuing this agenda item to a date certain. City Manager Schulze added
there had been published notice for a public hearing this evening. If the PC completed their work tomorrow
evening, at any point the Council could continue the hearing to that date. The Council agreed by consensus to
continue the public hearing for the Medina Store Historical Use Permit Application to December 8, 2003.
NEW BUSINESS
Health Care Costs —A Council member recalled health care costs had been discussed during the Council's last
Executive Session, with the thought the city would not pay any more for health care costs. City Manager Schulze
clarified his understanding was the contract that was approved did not irclude any cost sharing for the term of that
contract. The consensus had been for cost sharing three years in the f-iture. However, there could likely be new
people on the Council at that time, and seven different people three years from now could make a totally different
decision. A Council member suggested for historical purposes, the Council should pass a resolution reflecting the
discussions during Executive Session regarding capping health care costs. If the Council found this was not
applicable in the future, they could rescind such action. It was recommended the Council make those decisions
when the contracts were reviewed in the future. Another Council member recalled the Council had agreed non -
collective bargaining health care costs would be capped starting next year, and they had decided it was too late
for those under collective bargaining agreements. City Manager Schulze relayed he had taken that as a
commitment to file away for future negotiations. Council member Morgan volunteered to help Council member
Blazey propose a resolution for Council consideration.
Follow-up with Reopening Investigation into 2001 Campaign Flyer —Council member Blazey distributed a
memo entitled "Campaign 2001 Flyer Investigation", emphasizing this issue should be addressed in an open and
fair manner. Since MPD had not revealed all the information they 1-ad at the time, Council member Blazey
suggested an outside agency such as the Washington Association of Sheriffs and Police Chiefs (WASPC) or the
FBI conduct an investigation. Two other Council members also wanted an outside agency to reopen the 2001
campaign flyer investigation. City Manager Schulze distributed a memo from Chief Knapp entitled "Allegations of
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November 10. 2003
Page 7
Election Campaign Irregularities, November 4, 2001" which indicated Chief Knapp had contacted the Washington
Attorney General's office, the King County Assessor's Office (Election Division), the city's Deputy Prosecuting
Attorney, and the Public Disclosure Commission, and had basically come to the same conclusion. He referred to
the last paragraph of Chief Knapp's memo suggesting that parties to this matter could file a citizen action when
they believed some provision of RCW 42.17 had been violated. City Manager Schulze also promised to check
with WASPC and other departments. Deputy Mayor Odermat thought going any further at this point was probably
overkill.
EXECUTIVE SESSION
At 10:25 p.m., the Council by consensus adjourned into Executive Session to discuss personnel matters per RCW
42.30.110(g), and land acquisition, per RCW 42.30110(c), and reconvened at 10:58 p.m.
ADJOURNMENT
Council member Rudolph moved, seconded by Council member Morgan, to adjourn the meeting at 10:58 p.m.,
and the motion carried unanimously.
Daniel Becker, Mayor
Attest:
Caroll P. Wedlund, Recording Secretary