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Home My WebLink About11-13-2006 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES November 13, 2006 6:00 pm EXECUTIVE SESSION Medina City Hall 501 Evergreen Point Road The city council convened in executive session at 6:00 pm for the purpose of discussing labor negotiations, per RCW 42.30.110 (1)(g) for an estimated time of one hour. City councilmembers Adam, Biglow, Blazey, Lawrence, Phelps, Rudolph and Vail-Spinosa; city labor attorney Scott Snyder, and interim city manager Roger Crum were present. Executive session adjourned at 7:00 pm and no action was taken. CALL TO ORDER Miles Adam called the November 13, 2006, Medina City Council Regular Meeting to order at 7:04 pm. ROLL CALL Present: Miles Adam, Lucius Biglow, Drew Blazey, James Lawrence, Katie Phelps, Robert Rudolph and Pete Vall-Spinosa City Staff Present: Roger Crum, Interim City Manager; Wayne Tanaka, City Attorney, Ogden Murphy Wallace; Jeff Chen, Chief of Police; Joe Willis, Director of Public Works; Rebecca Leslie, City Planning Consultant, OTAK; and Rachel Baker, City Clerk MEETING AGENDA Medina Store Historical Use Permit Application was moved before the Public Hearing and Labor Contracts was added to Other Business per council consensus. ANNOUNCEMENTS Mayor (7:06 pm) Mayor reported the packet included the latest information from the State Route 520 Executive Committee and said that to date there is limited project funding available and the governor elected to delay the selection of a preferred alternative until January 2007. Mayor announced the latest reports from Regional Transportation Investment District RTID and the Association of Washington Cities (AWC), which outlined AWC legislative priorities, were included in the packet. Adam introduced interim city manager Roger Crum. CONSENT AGENDA MOTION BLAZEY AND SECOND BIGLOW TO APPROVE CONSENT AGENDA ITEMS: • October 9, 2006 City Council Regular Meeting Minutes • October 18, 2006 City Council Special Meeting Minutes • October Check/Finance Officers Report MOTION CARRIED 7-0 AT 7:09 PM. AUDIENCE PARTICIPATION Mayor opened the floor to audience participation for non -agenda items at 7:09 pm. Joe Meisenheimer spoke on behalf of his neighbors and other Medina residents regarding the tragic accident which occurred September 29, 2006, on his block and the frequency of traffic which travels at high speeds over 78th Avenue Northeast. Mr. Meisenheimer, along with those seated behind him, requested this issue be added to the next city council agenda for remedial consideration and into the 2007 budget in order to earmark funds to resolve the issue. Fariss McGee, a resident of 78th Avenue Northeast, asked the council to help make 78`h Avenue Northeast a safer place for children before another tragic accident occurs. Patrick Boyd suggested the council consider including a citizen advisory panel during the city manager hiring process to obtain input from residents. Heija Nunn requested the council consider bringing back sandwich boards to city intersections to announce city meetings and to encourage more citizen involvement. Mrs. Nunn asked if progress had been made to make meetings available either online or though a closed-circuit television station. Mrs. Nunn added it would be a good idea not to take citizen statements at face value without first conducting research, based upon her conversation with the King County Assessor's Office regarding traffic and property value impacts. Nancy Price stated Northeast Tenth Street has issues similar to 78th and urged the council to consider all streets in Medina. Wilma Edmonds said the King County Assessor's Office has reduced the value of her home 20% based on traffic volume and expressed her belief that traffic has increased in the area. REPORTS Development Services (7:23 pm) Rebecca Leslie was covering for Joseph Gellings and presented no report updates. City Council Minutes November 13, 2006 Page 2 Public Works Department (7:24 pm) Willis answered council inquiries and provided statuses for department projects. OTHER BUSINESS Medina Store Historical Use Permit Application (7:26 pm) Mayor explained procedures of closed record hearing and summarized permit application. Mayor requested disclosures from councilmembers per the appearance of fairness doctrine. Phelps disclosed she has had procedural conversations with citizens regarding project status and also had conversations with two realtors regarding property values within close proximity to neighborhood landmarks. Gerry Lutz, applicant's representation, asserted that the letter circulated by councilmember Lawrence reflected his personal concern that the final decision in the matter could adversely affect his personal interests and requested Mr. Lawrence recuse himself from participation based on his letter supporting that property values should be considered in the matter and on his past involvement in store matters, which both reflect his bias. Mrs. Nunn requested Lawrence recuse himself from the decision based on proximity of his personal residence to the store and past remarks on the record concerning the building's use and size and also in light of his recent letter. Mrs. Nunn stated councilmember Blazey's campaign literature stated he was a proponent for the new Green Store. Mrs. Edmonds conveyed councilmember Phelps presented her bias in the matter based upon two letters she had written, one written before she was on the city council and the second written after she was elected to the city council, but prior to the beginning of her term. Mrs. Edmonds read letters to the council and indicated Phelps co -hosted a demolition party at the Medina Store. Phelps asserted she attended the demolition party, not co -hosted. Phelps clarified she could render a decision based on the facts for the community good. The letters she had written in the past were personal opinion, but the decision criteria before her would be based on facts. Lawrence said his letter was only submitted to clarify the subject of materially detrimental. City attorney conveyed campaign statements would not be subject to the Appearance of Fairness Doctrine considerations and a challenge would not be upheld. City Council Minutes November 13, 2006 Page 3 Tanaka informed council that Phelps's letters expressed her opinion as a citizen and for the permit prior to the one currently before the council and her attendance at the demolition party would not constitute a sufficient basis for appearance of fairness. Tanaka expressed Lawrence's explanation for his letter and the challenges of his previous statements would not substantiate a recusal. Tanaka reported his close proximity to the subject property would present potential issues. Lawrence recused himself from the matter. Leslie summarized planning commission's recommendation and the recommended condition. Leslie answered council inquiries regarding proposed use and traffic report. Council deliberations followed. MOTION VALL-SPINOSA AND SECOND BIGLOW TO DENY REQUEST, MOTION CARRIED 5-1 (PHELPS OPPOSED, LAWRENCE RECUSED AT 8:56 PM. Written findings will be presented to council at the December 11 `" meeting for final council action. Tanaka advised council that the Appearance of Fairness Doctrine still applies until final action is taken at the December council meeting. Council recessed at 8:57 pm and reconvened at 9:06 pm. Lawrence returned to the meeting. 2007-2012 Six -Year Capital Improvement Plan (,CIP) (9:07 pm) Willis summarized CIP projects and answered councilmember inquiries. Council discussion followed. MOTION PHELPS AND SECOND RUDOLPH TO APPROVE 2007-2012 SIX -YEAR CIP, MOTION PASSED 7-0 AT 9:30 PM. PU BLIC HEARING 2007 Budget and Property Tax Levy (9:30 pm) Crum provided levy options to the council and answered council inquiries. Council discussion followed. Crum indicated he would provide further information to council at the next meeting regarding bankable monies. Blazey proposed reducing the maximum allowable tax from $2,221,344 to $2,126,000. City Council Minutes November 13, 2006 Page 4 MOTION AND SECOND TO EXTEND MEETING ONE HOUR, MOTION CARRIED 7-0 AT 10:08 PM. Mayor opened floor to audience participation at 10:08 pm. Wilma Edmonds spoke of the utility tax once imposed on property owners and expressed to council there would be a revolt if a utility tax were once again imposed. Blazey proposed a motion which was seconded by Vall-Spinosa to lower property tax levy by two percent (approximately $44,000) and the allowable tax for year 2007 to $2,126,134, but a motion to postpone the vote took precedence. MOTION PHELPS AND SECOND RUDOLPH TO POSTPONE DECISION UNTIL NOVEMBER 27TH STUDY SESSION. COUNCIL MAJORITY CONCURRED AT 10:23 PM. Council discussed operating expenses in proposed budget. MOTION VALL-SPINOSA AND SECOND ADAM TO ACCEPT PROPOSED SALARY RANGES FOR EXEMPT EMPLOYEES IN SCHEDULE DATED OCTOBER 19, 2006, MOTION CARRIED 7-0 AT 10:26 PM. MOTION BLAZEY AND SECOND LAWRENCE TO LIMIT BUDGET POOL ALLOCATION TO 4% FOR EXEMPT STAFF. MOTION CARRIED BY COUNCIL CONSENSUS AT 10:36 PM. Council directed public works seasonal employee staffing to remain at three for 2007. Council discussed building official position and requested follow up to clarify portal to portal charges, figures for hours worked and calculation savings for a consultant versus staff position prior to a council vote. Council discussed need for current administrative staffing levels and requested Crum to provide feedback regarding positions for the next meeting. For the record, Biglow proposed natural attrition to reduce staffing levels. Council majority decided to retain current bookkeeping practices for retiree expenses. MOTION ADAM AND SECOND BLAZEY TO EXTEND MEETING TO 11:30 PM, MOTION CARRIED 4-3 (BLAZEY, LAINRENCE AND PHELPS OPPOSED) AT 11:12 PM. Council directed Crum to reduce budget expenditures and council agreed to include deferred compensation program for exempt staff. City Council Minutes November 13, 2006 Page 5 OTHER BUSINESS Authorize Agreement with Waldron & Company for City Manager Search (11:15 pm) MOTION BLAZEY AND SECOND BIGLOW TO APPROVE CONTRACT WITH WALDRON AND COMPANY, MOTION CARRIED 7-0 AT 11:16 PM. Council Agenda Calendar (11:16 pm) Council agenda calendar briefly discussed. NEW BUSINESS Labor Contracts (11:16 pm) MOTION LAWRENCE AND SECOND ADAM TO APPROVE THE POLICE GUILD CONTRACT SUBJECT TO CONFIRMATION OF CORPORAL STEPS AT FIVE PERCENT EACH AND AUTHORIZE CITY MANAGER TO EXECUTE REVISED AGREEMENT, MOTION PASSED 7-0 AT 11:17 PM. MOTION LAWRENCE AND SECOND VALL-SPINOSA TO APPROVE OFFICE CLERICAL CONTRACT, AMENDED TO INCLUDE AN INCREASE TO DEFERRED COMPENSATION MATCH OF $200 PER MONTH AND AUTHORIZE CITY MANAGER TO EXECUTE A REVISED AGREEMENT, MOTION PASSED 7-0 AT 11:17 PM. ADJOURNMENT The November 13, 2006, Regular Meeting of the Medina City Council adjourned by consensus at 11:20 pm. The City Council will hold a Study Session Monday, November 27, 2006. at 7:00 pm. Miles R. Adam, Mayor Attest: Ra hel Baker, City Clerk City Council Minutes November 13, 2006 Page 6