CITY OF NEWCASTLE COUNCIL MEETING MINUTES APRIL 19, 2016 NEWCASTLE CITY HALL 12835 NEWCASTLE WAY, SUITE 200 NEWCASTLE, WA 98056 The following is not a verbatim transcript. An audio recording of the meetings is available. SPECIAL MEETING 6:00 P.M. CALL TO ORDER The City Council of the City of Newcastle met in the Council Chambers at City Hall in Newcastle, Washington, on Tuesday, April 19, 2016. The meeting was called to order at 6:02 p.m., with Mayor Rich Crispo presiding. EXECUTIVE SESSION At 6:02 p.m., Mayor Crispo announced an executive session lasting for approximately one hour, pursuant to RCW 42.30.110(1)(g), to review the performance of a public employee; and RCW 42.30.110(1)(i), to discuss current or potential litigation with legal counsel. Mayor Crispo, Deputy Mayor Gordon Bisset, and Councilmembers Carol Simpson, Allen Dauterman, John Drescher (arrived at 6:06 p.m.) and Linda Newing, City Manager Wyman (left at 6:30 p.m.), City Attorney Dawn Reitan (left at 6:15 p.m.), and Human Resources Manager Sarah Jacobs (left at 6:15 p.m.), attended the executive session. The meeting was quorate. No final action was taken during the executive session. The Council came out of executive session at 7:02 p.m. REGULAR MEETING 7:00 P.M. CALL TO ORDER COUNCIL REGULAR MEETING April 19, 2016 Page 1 of 9
The City Council of the City of Newcastle met in the Council Chambers in City Hall at Newcastle, Washington, on Tuesday, April 19, 2016. The meeting was called to order at 7:06 p.m., with Mayor Rich Crispo presiding. ROLL CALL On roll call the following members were: Present Mayor Crispo, Deputy Mayor Gordon Bisset, and Councilmembers Linda Newing, Carol Simpson, John Drescher, John Dulcich and Allen Dauterman. The meeting was quorate. Other Newcastle officials and staff present were: City Manager Rob Wyman, City Attorney Dawn Reitan, Finance Director Don Palmer, Public Works Director Jeff Brauns, Police Chief Melinda Irvine, Community Development Director Tim McHarg, Project Planner Julie Cassata and City Clerk Sara McMillon. FLAG SALUTE Councilmember Newing led the flag salute. PUBLIC COMMENT Mel Zoerb, a resident of the Olympus neighborhood in Newcastle, addressed the Council concerning a moratorium on electric transmission facilities, utility facilities or two way radio towers/poles in the city. He said the City should not put safety based regulations in place unless absolutely necessary. Establishing safety regulations without fully understanding all of the data could have unintended consequences. He said it would be difficult for the City to establish an appropriate distance between fuel lines and power lines. Regulations could be difficult to implement. Mr. Zoerb asked the Council what the plan is to implement new utility regulations. Councilmember Dulcich said he understands Mr. Zoerb's concern is if the City establishes regulations requiring a greater setback distance that homes will be condemned. Mr. Zoerb said the City should not force the condemnation of homes without a sound reason to do so.!cara Durbin, a senior local government affairs representative for Puget Sound Energy (PSE), said PSE has been in the Newcastle community, engaging in dialogue and interacting with residents concerning the PSE Energize Eastside project. Tom Magers, a Newcastle resident and member of the City's Planning Commission, addressed the Council as a representative of the Planning Commission. He said there are some locations in Newcastle COUNCIL REGULAR MEETING April 19, 2016 Page 2 of 9
neighborhoods where people are using off-road vehicles. The noise and dust caused by this use prevents the quiet enjoyment of residential property. Newcastle's Planning Commission voted unanimously to recommend the City Council consider a ban of these vehicles on residentially-zoned property. The recommendation has no effect on vehicles that are actually performing work. Mr. Magers said City staff believes the problem can be addressed through current noise regulations, but the Planning Commission does not agree. Due to the intermittent nature of the noise, it is difficult for a police officer to arrive while the noise is being created. Mr. Magers said he contacted the police concerning the noise on three separate occasions, and the police arrived long after the offending riders were gone. In response to a question from Councilmember Drescher, Commissioner Magers said he has talked with his neighbors about the problem. Because the property is not currently occupied, different individuals use it for off-roading. Negotiating is sometimes successful. Also in response to a question from Councilmember Drescher, Mr. Magers said the problem is primarily dust and noise. COUNCIL COMMENT Councilmember Drescher said the Newcastle City Council got it right by adopting a ban on marijuana business activity in the city. People living in some communities in south Seattle and unincorporated King County lament the fact that numerous marijuana dispensaries are located in their area. It is sad to see the results in places that don't have a ban, he said. Councilmember Newing asked for clarification on the Council's meeting rules in regards to cell phone use at the Council dais. Mayor Crispo responded that cell phones may not be used for City business during meetings, and using cell phones for other purposes is strongly discouraged. MOTION: Councilmember Newing moved that we review that to ban cell phones from the dais during open public meetings. Councilmember Simpson seconded. After Councilmember debate, a vote was taken. VOTE: 5 in favor, 2 against. Motion carried. Councilmembers Drescher and Dulcich opposed. REPORTS Mayor Crispo said the intersection of Newcastle Way and Coal Creek Parkway is congested with traffic due to the construction of the Newcastle Way Apartments project. The City should ensure that issues like this do not happen in the future. COUNCIL REGULAR MEETING April 19, 2016 Page 3 of 9
Planning Commission Chair Magers reported that the Commission began the March meeting with an executive session. The first item of general business was the continuation of background information on work to update critical areas regulations. Staff provided a general outline of anticipated changes to the zoning code and state mandated requirements. At the April Commission meeting, the Commission will review proposed legislation and hold a public hearing. Council review and adoption of changes is targeted for June. Chair Magers said the Commission also discussed regulation of utilities, specifically electrical transmission facilities. Commissioners agreed the facilities should be conditional uses in all zones, subject to a type Ill review process. This process requires a public hearing and review by a Hearing Examiner. Commissioners are discussing the possible requirement of specific requirements based on a siting analysis and mitigation measures that are compatible with surrounding uses. Mr. Magers said staff will provide additional detail and technical recommendations to guide decision making on setback requirements for transmission lines in utility corridors. This is a key topic. In response to a question from Councilmember Simpson, Mr. Magers said Commissioner Charlie Gadzik has recused himself from discussion of matters relating to PSE due to an appearance of fairness consideration. Mr. Gadzik is employed by PSE. Council Finance Committee Mayor Crispo reported that the committee heard a report from Finance Director Palmer about changes he would like to make. Committee members also discussed the future of City Hall, as the City's lease is nearing end of term. Metropolitan Solid Waste Management Advisory Committee (MSWMAC) Councilmember Simpson said the opening of the Factoria Transfer Station later this year will cause an increase in traffic. A recent study analyzed the impact of increased public traffic on Factoria Way and Richards Road, but did not include Coal Creek Parkway. The study also did not include commercial haulers. Garbage trucks usually use Coal Creek Parkway through Newcastle, she said. No further traffic studies will be conducted at this time, but there may be a possibility for fixes in the future. Eastside Transportation Partnership (ETP) Councilmember Drescher reported the committee discussed a draft plan for the Sound Transit system called Sound Transit 3. King County Metro's draft plan also was discussed. The ETP has a lot of concerns. The public comment period for Sound Transit 3 concludes on April 29, if the Newcastle Council would like to take a position before the deadline. City Manager Wyman said Sound Transit will provide the Council with a presentation at the regular meeting May 3. After Council discussion, Mr. Wyman was directed to also have the King County Metro presentation at the May 3 meeting. COUNCIL REGULAR MEETING April 19, 2016 Page 4 of 9
Community Activities Commission Chair Sandoval reported that the commission had a roundtable discussion about subcommittee work on summer events. Project Planner Cassata introduced herself and discussed projects with Commissioners. The Historical Society is looking forward to finding a permanent location for artifacts, and they are encouraged about the possibility of a space at the recently acquired City Hall annex. Commissioners are excited about a project for the old Baima home and property, and the completion of a trail connecting Newcastle to Renton. The City has received interest from Eagle Scouts about completing some projects. Mrs. Sandoval said James Ricks, the youth liaison to the Commission, has been working to increase youth participation in local government and volunteering. He will have a booth at Newcastle Days. Chair Sandoval reported a group of residents has formed to explore opportunities for art in Newcastle. The Commission would like to work with this group, she said. Commissioners also would like to participate with the Love Your City consortium. The City has received cost estimates for the historical signs project, Earth Day will be held May 10. In response to a question from Mayor Crispo, Chair Sandoval said Commissioners individually will find out more about the Love Your City consortium. Mayor Crispo also asked how the Commission will work with the arts group. Chair Sandoval said a member of the Commission will attend the arts council's meetings as a liaison. In the past, Councilmembers have discussed the City's level of participation in Earth Day, which currently is organized by a private individual, Mayor Crispo said. Chair Sandoval said the Commission will develop a recommendation concerning this question. City Manager Wyman 1. The City has hired Robert Love for the surface water management internship. 2. Newcastle's Town Hall is proposed to be held the evening of June 14, 3. A joint meeting with the Issaquah School District will be held Wednesday, April 26, starting at 5:30 in Issaquah. 4. The editor of the Newcastle News has said the publication will continue for some time, but will have more of an online presence. Staff will assist the newspaper however possible. Mr. Wyman and Public Works Director Brauns discussed the quarterly capital projects report with the Council. Councilmember Simpson requested individual projects be listed on the report in the future. The Council reviewed a quarterly financial report with Finance Director Palmer. Newcastle's 2016 budget book will soon be published. COUNCIL REGULAR MEETING April 19, 2016 Page 5 of 9
The Council recessed at 8:27 p.m., and the meeting reconvened at 8:37 p.m. FINAL AGENDA MOTION: Councilmember Simpson moved to approve the final agenda. Councilmember Newing seconded. VOTE: 7 in favor, 0 against. Motion carried. MOTION: Councilmember Bisset moved to add an item "e" which would be in regards to the compensation for the City Manager. Councilmember Simpson seconded. This motion was approved by unanimous consent. MOTION: Councilmember Simpson moved to approve the agenda as amended. Councilmember Newing seconded. VOTE: 7 in favor, 0 against. Motion carried. CONSENT AGENDA MOTION: Councilmember Simpson moved to approve the consent agenda of the two City Council meeting minutes including the one that was handed to Council on the dais that is amended. Councilmember Drescher seconded. VOTE: 7 in favor, 0 against. Motion carried. The Council approved: a. City Council Minutes Regular Meeting March 15, 2016 b. City Council Minutes Regular Meeting April 5, 2016 GENERAL BUSINESS Agenda Bill 16-21 Council discussion of a Planning Commission recommendation to prohibit use of offroad vehicles within residential zones. Community Development Director McHarg discussed a Planning Commission recommendation to ban the use of off-road vehicles within residential zones due to dust and noise that disturbs neighborhoods. Staff is recommending the utilization of existing noise regulations and other regulations, he said. Councilmembers discussed the use of off-road vehicles in residential areas. MOTION: Councilmember Dulcich moved that the City enact a ban on the use of recreational vehicles on residential property. Councilmember Dauterman seconded. COUNCIL REGULAR MEETING April 19, 2016 Page 6 of 9
MOTION TO AMEND: Councilmember Simpson moved to amend the motion that we are directing staff to bring back an ordinance that is related to the nuisance code that has policing powers and monetary citation. Councilmember Bisset seconded. In response to a question from City Attorney Reitan, Councilmember Simpson explained the amendment was for staff to bring back an ordinance that is not a part of Title 18 that has policing powers and monetary citation. VOTE TO AMEND: 0 in favor, 7 against. Motion failed. MOTION TO AMEND: Councilmember Dulcich moved to amend the motion to read "for staff to bring back the correct process regarding recreational motor vehicle tracks and noise control in residential areas." Councilmember Dauterman seconded. VOTE: 4 in favor, 3 against. Motion carried. Mayor Crispo and Councilmembers Drescher and Newing opposed. Agenda Bill 16-22 Approving a resolution authorizing the City Manager to submit a grant application for the May Creek Trail Bridge. Project Planner Cassata provided a presentation on a proposed resolution authorizing staff to apply for a grant for the design and construction of a May Creek Trail bridge. The grant would fund approximately one-half of the total project cost. The grant application would be submitted to the Washington State Recreation and Conservation Office (RCO), through the Washington Wildlife and Recreation Program (WWRP). Ms. Cassata answered Council questions. Councilmembers discussed the project. MOTION: Councilmember Simpson moved to approve the resolution authorizing the City Manager to sign the RCO WWRP grant application and to move the project forward. Councilmember Dulcich seconded. VOTE: 5 in favor, 2 against. Motion carried. Councilmembers Drescher and Bisset opposed. The Council approved Resolution 2016-652, a resolution of the City Council of the City of Newcastle, Washington, authorizing the City Manager to submit a grant application for the May Creek Trail Bridge. Agenda Bill 16-23 Approving a resolution authorizing the City Manager to sign a collective bargaining agreement by and between the City of Newcastle and Teamsters Local No, 763. COUNCIL REGULAR MEETING April 19, 2016 Page 7 of 9
MOTION: Deputy Mayor Bisset moved to approve the resolution approving the ratified collective bargaining agreement between the City of Newcastle and Teamsters Union Local 763 representing certain Public Works employees, and authorizing the City Manager to sign the 2016-2018 collective bargaining agreement. VOTE: 7 in favor, 0 against. Motion carried. The Council approved Resolution 2016-653, a resolution of the City of Newcastle, Washington, approving the collective bargaining agreement between the City of Newcastle and Teamsters Local No. 763 (representing the Public Works maintenance employees), and authorizing the City Manager to sign the agreement. Agenda Bill 16-24 Council discussion of the one-percent property tax levied for fiscal year 2016. City Manager Wyman explained that the Council voted not to increase property taxes in 2016, but rather to reserve a 1% property tax increase. The incorrect ordinance was transmitted to King County, and contrary to the will of the Council, a 1% property tax levy increase will be collected in 2016. The City cannot legally issue a refund, Mr. Wyman said. Individual taxpayers can make a refund request to King County, and the cost would be passed on to the City. MOTION: Councilmember Simpson moved to extend the meeting to 10:30 p.m. Councilmember Dulcich seconded. VOTE: 7 in favor, 0 against. Motion carried. Councilmembers discussed the error and options for remedies. By unanimous consent, the Council directed the additional property tax revenues be placed in reserve. City Manager Contract MOTION: Deputy Mayor Bisset moved that we increase the salary of our City Manager to $139,000, and secondly we add a clause to the agreement for three months of severance pay if we dismiss him without cause. Councilmember Drescher seconded. Councilmember Dulcich moved to amend the severance clause from three to six months. There was no second, and the motion was not taken up for discussion. MOTION TO AMEND: Councilmember Dulcich moved to amend the motion to change the compensation to be increased to $144,000 instead of $139,000. Councilmember Dauterman seconded. COUNCIL REGULAR MEETING April 19, 2016 Page 8 of 9
VOTE TO AMEND: 5 in favor, 2 against. Motion carried. Deputy Mayor Bisset and Councilmember Drescher opposed. MOTION TO AMEND: Deputy Mayor Bisset moved that we delete the severance package. Councilmember Drescher seconded. VOTE TO AMEND: 3 in favor, 4 against. Motion failed. Deputy Mayor Bisset, and Councilmembers Drescher and Simpson voted in favor. VOTE ON MOTION AS AMENDED: 5 in favor, 2 against. Motion carried. Deputy Mayor Bisset and Councilmember Drescher opposed. PUBLIC COMMENT Mel Zoerb, a Newcastle resident, said he is concerned about new utility regulations affecting homes. If the City enacts distance regulations, some homes may be condemned. The Energize Eastside project would replace existing power lines, not create a new corridor. The City should not develop regulations requiring the condemnation of homes unless it is a desperate situation. PLANNING CALENDAR A special joint meeting with the Issaquah School District will be held Wednesday, April 27, 2016, starting at 5:30 p.m. at 565 NW Holly St., Issaquah. The next regular meeting of the City Council will be held Tuesday, May 3, 2016, starting at 7 p.m., at Newcastle City Hall. ADJOURNMENT 10:30 p.m. The meeting was adjourned. APPROVED Rich Crisplp, Mayor ATTEST Sara McMillan, City Clerk COUNCIL REGULAR MEETING April 19, 2016 Page 9 of 9