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HomeMy WebLinkAbout07-14-2003 - MinutesJuly 14, 2003 7:00 PM MEDINA CITY COUNCIL REGULAR MEETING MINUTES CALL TO ORDER Mayor Becker called the meeting of the Medina City Council to order at 7:00 p.m. Medina City Hall 1 Evercreen Point Road ROLL CALL Present: Council members Drew Blazey, Thomas Morgan, Todd Nunn, Bob Rudolph, Deputy Mayor Mary Odermat, and Mayor Becker Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Director Shel Jahn, and City Clerk Caroll Wedlund Consultant: Planning Consultant Joseph Gellings AWARDS Chief Knapp issued Certificates of Completion to Medina Elementary fifth grade students who had completed the requirements for the first Junior Police Academy. Shannon Gibson worked hard to make this program successful. Mayor Becker recognized former Council member Paul Demitriades with a plaque and certificate of appreciation for his four years on the Council and six years with the Civil Service Commission. ANNOUNCEMENTS Mayor Becker advised the following: a. The Hearing Examiner denied the Medina Grocery application. Discussion regarding this issue would take place later in tonight's Council meeting. b. Gary Andreini resigned from the Planning Commission, due to relocation to Bellevue. c. Identity theft has become a major issue in Medina as well as in other communities. d. A Trans -lake Executive Committee meeting will take place July 15, 2003 to discuss options for moving forward into the Environmental Impact Statement. e. The Council received a number of letters regarding their letter to Sound Transit, Mayor Becker displayed a picture of the Lynnwood tanker fire, using it as an example of what could occur with tankers moving along the SR-520 corridor. Council member Rudolph inquired whether there had been any response to the Mayor's letter to Sound Transit regarding the hazards of tankers on SR-520. Mayor Becker stated they were reviewing the available options and would reply. Council member Morgan asked whether garage sales were adequately permitted, as he had seen four signs for one and eight for another over the past weekend. He also complained real estate signs were supposed to be removed promptly after sale, and was of the opinion better policing was in order. City Manager Schulze explained sometimes sales fell through, and the sale was not really legal until closing. He added it would help if the Code were more specific. The Council did not reach consensus regarding Council member Morgan's suggestion to increase enforcement of garage sale signs and realtor open houses. Council member Rudolph congratulated the Public Works crew on the appearance of Medina Park. Council member Rudolph also referred to the WCIA Five -Year Risk Profile for Medina and noted the insurance loss summary looked good. He pointed out two thirds of the losses were in "development review", and inquired what that meant. City Manager Schulze explained the process, adding typically a loss involved an appeal to a decision, at which time the City contacted WCIA. WCIA would then set aside money in a pre -litigation file, which counted toward Medina's loss history. City Attorney Wines added sometimes claims arose as a result of denial, and much of it revolved around land use appeals. He noted all of Medina's losses had been legal expenses for insurance defense. POINT OF ORDER Mayor Becker announced an Executive Session would follow tonight's meeting to discuss potential litigation, per RCW 42.30.110(i), and to talk about personnel issues, per RCW 43.30.110(g). City Council Meeting Minutes July 14, 2003 Page 2 CONSENT AGENDA Council member Nunn moved, seconded by Council member Morgan, to accept the consent agenda. Council member Morgan amended the motion to remove for discussion Item E-6, Authorize Interlocal Agreement for Work by King County Road Services. The consent agenda was approved, minus Item E-6, as follows: E-1 Minutes from June 9, 2003 Council Meeting E-2 Minutes from June 23, 2003 Council Study Session E-3 Approval of June 2003 Checks/Finance Officers Report E-4 Authorize Law Enforcement Mutual Aid Interlocal Agreement E-5 Adoption of Ordinance No. 754, Amending 2003 Budget Mayor Becker stated Item E-6 would be moved to a discussion item under H-1 in the Council agenda. AUDIENCE PARTICIPATION Mayor Becker invited audience members to comment regarding non -agenda items. Adele Lloyd, 2603 — 78t" Avenue NE, referred to her letter to the Council, and complained about two cottonwood trees located on NE 261h Street in the city right-of-way that were shading her yard. She requested the Council to authorize cutting down these cottonwood trees. City Manager Schulze wished to review Ms. Lloyd's letter and discuss this issue with Public Works Director (PWD) Jahn. PWD Jahn indicated the trees were healthy, and there were no grounds for removal from a PW standpoint. Therefore, the Code required Ms. Lloyd to pay for an appeal through the Hearing Examiner process. PWD Jahn continued not that many residents would be impacted, and he had suggested Ms. Lloyd speak to the Council. Mayor Becker requested City Manager Schulze to review Ms. Lloyd's letter and report back with a recommendation to the Council. REPORTS Police Department —Chief Knapp announced the following: a. A couple of burglaries occurred during the past month, with $8,000 in merchandise missing from one home and $3,000 in jewelry taken from another. b. The most prolific crime in eastside communities was car prowls, and Medina PD solved 95 percent of the vehicle prowls taking place within its jurisdiction. He advised those present to lock their vehicles in the garage, with nothing of value left inside. Chief Knapp pointed out car prowlers had a habit of returning. c. A fire was set in a dumpster at the Overlake Golf and Country Club last month. d. Three burglars were arrested, with one receiving a sentence of six months. Deputy Mayor Odermat asked about the increase in the number of "Assists Citizen" for 2003 as compared with year-to-date totals for this activity in 2002. Chief Knapp replied he would report back to the Council with an answer to her inquiry about the year-to-date increase in the number of citizen assists. Planning —No report. Public Works—PWD Jahn reported the following: a. The project at 82nd Avenue NE and Overlake was nearly ready to begin. b. The Indian Trail project will soon commence. c. A contractor from last year was recalled for repair work on the NE 8'n Street sidewalk. d. The storm drain between the Romano and Upjohn households is being lined with a with a resin gel coat to give it a 50-year lifespan. This will stop water from flowing into Dr. Romano's greenhouse. e. The August Park Board meeting has been cancelled. Park Board —No report. Finance Committee —The Council requested a report regarding Council member Rudolph's inquiry concerning why permit revenue was down, but total permit valuation had increased. Emergency Preparedness —Council member Blazey reported a number of citizens as well as Deputy Mayor Odermat, Council member Morgan and Chief Knapp had attended the Emergency Preparedness Committee meeting. He stated the Committee was awaiting results from the community survey recently sent to residents. City Council Meeting Minutes July 14, 2003 Page 3 Council member Rudolph suggested a reminder to citizens might be helpful regarding utilizing the right zip code. City Manager Schulze stated the next newsletter could include a reminder to use the Medina zip code for purchases so sales taxes could be credited to Medina. NEW BUSINESS Mayor Becker requested enlargement of the calendars at the Council podium. PUBLIC HEARING Consider Adoption of 2004 — 2009 Transportation Improvement Plan—PWD Jahn explained he had made an effort to diffuse the City's capital improvement needs so the Program in any given year would not exceed $600,000. He noted the city had drainage problems, and as a result, he had projected outflow drainage pipes throughout the city for 2005. PWD Jahn noted the pipes had been installed prior to the city's incorporation. PWD Jahn relayed the lower tennis court at Fairweather Park was in poor condition, and the windbreak screen needed replacement. PWD Jahn planned to have some boring done to determine the extent of drainage problems in conjunction with the Fairweather tennis court, as there could be underground springs. In response to an inquiry about the first phase of Medina Beach Park bulkhead repair, PWD Jahn replied the initial feasibility analysis had been conducted, and he hoped to present this concept to the Council next month. He continued the city's docks needed repair, and due to the fish habitat, mitigation would be required to obtain the necessary permits. PWD Jahn also pointed out the two bridges on Overlake Drive East had failing wood substructures. He proposed King County make immediate repairs to extend the life of the bridges for approximately ten years, as they had been constructed in 1951 and only refurbished one time since then. PWD Jahn continued the proper procedure would be to remove the superstructure for the piling showing failure. City Attorney Wines commented the proposed contract of $138,000 at cost to repair both bridges would be done with an interlocal agreement with King County. It was considered to be the same as if Medina employees were doing the work, so there was no need for competitive bidding. It was suggested PWD Jahn inquire whether King County would be willing to agree to an upper limit spending cap for the cost expectation. City Manager Schulze recommended the Council authorize the bridge repairs, with the stipulation PWD Jahn report any findings. PWD Jahn promised to report back to the Council if he saw something not coming together appropriately. Council member Rudolph moved, seconded by Deputy Mayor Odermat, to adopt the 2004-2009 Transportation Improvement Plan. The motion carried with Council member Morgan voting nay, and the others in favor. Council member Rudolph moved, seconded by Deputy Mayor Odermat, to approved the King County Interlocal Agreement for the Overlake Drive East bridge repair, with follow up on a contract cap or maximum, a check with other cities to determine if other projects were within budget, and a report back to the Council. The motion carried, with Council member Morgan voting nay, and the others in favor Deputy Mayor Odermat moved, seconded by Council member Todd, to approve Resolution No. 298 adopting the 2004-2009 Transportation Improvement Plan, and the motion carried. Arthur Dietrich, 707 Overtake Drive East, cautioned the Council Overlake Drive East was an arterial roadway built 20 years ago with state funding, and that might nullify things. PWD Jahn commented it did not change the designation. City Attorney Wines added when the state was funding, the city was required to meet their design criteria. Mayor Becker added street funding in part emanated from gas taxes. City Manager Schulze pointed out such funding had substantially decreased. Mayor Becker closed the public hearing OTHER BUSINESS Anna's Ride Home —Chief Knapp explained after a drunk driver killed a Medina couple's daughter, the family started a foundation to give drinkers a free taxi ride home. A Fun Run/Walk was scheduled for September 6, 2003 to kick off this event, and the family wanted it to be held in Medina. Chief Knapp anticipated between 40- 60 people would attend, and if the program expanded in the future, it could be moved to another venue. He continued the family was seeking corporate sponsors. Council consensus was to support this event. Arch housing Trust Fund Recommendations —City Manager Schulze referred to action taken by the Board, and introduced Art Sullivan, ARCH Executive Director. City Council Meeting Minutes July 14, 2003 Page 4 Art Sullivan, ARCH Executive Director, noted the total requested amount had not changed from last year. He explained the various projects for which ARCH was requesting funding. An explanation of the ARCH parity formula was promised by Mr. Sullivan, as well as the criteria used for the federally funded Community Development Block Grant. Council member Morgan moved, seconded by Deputy Mayor Odermat, to approve the 2003 ARCH Housing Trust fund recommendations, and the vote was unanimous. Ordinance No. 757, Nonconforming Structures —City Manager Schulze provided the Council with background Information regarding the non -conforming structures regulations. Planning Consultant Gellings referred to the zero tolerance section of the MMC Nonconforming Structures chapter, and explained if a parcel contained a nonconforming structure, the owner was not allowed to enlarge. He was asked how the Code could be changed to allow approval of a case like that which had been presented by resident Lisa Fleischman, Planning Consultant Gellings explained the issue with the Fleischman variance application had been lot coverage. He noted the Hearing Examiner could not find there had been a site -specific hardship. He also indicated certain portions of proposed Ordinance No. 757 could be eliminated, if the Council wished. Lisa Fleischman, 7641 NE 12th Street, pointed out the bottom floor of her residence was nonconforming, and they had wanted to be sure the second floor footprint was in compliance at 25 percent. Ms. Fleischman had thought her alternative would be a nice one. She also inquired about the definition of "expanding". Planning Consultant Gellings requested an opportunity to review the feasibility of Ms. Fleischman's proposal. Planning Commission Vice Chair Mark Nelson, 1233 Evergreen Point Road, stated as an architect he believed structural lot coverage had nothing to do with vertical height, and was of the opinion the applicant could expand bulk if lot coverage was not increased. He also read from the Code, adding, "We are not talking about height." Planning Consultant Gellings noted technically, such a proposal was considered to be enlargement, even though it did not increase lot coverage. Planning Commission Chair Miles Adam, 8424 NE 10`h Street, explained the Planning Commission was interested in looking out for everyone involved, including the homeowners and the neighbors. The Council thought Section D(4) of Ordinance No. 757 should be modified, and was also of the opinion Ordinance No. 757, Nonconforming Structures, needed more work. Discussion of Planning Commission Side Yard Setback Recommendation —Council member Morgan recalled the reason the side yard setback had been limited to 20 feet was because there were a number of R- 20 and R-30 lots in Medina that were long and narrow. If side yard setbacks were increased, there would be very little room left for a structure. He was unsure how many R-20 and R-30 lots would be affected, and wished to review these parcels again, but was otherwise in favor of the 30-foot rule. Planning Consultant Gellings explained the Planning Commission had been very concerned all along with making sure they were minimizing the number of presently conforming structures that would be rendered nonconforming by changing the language in this ordinance. He noted what was important about the R-20 and R-30 rule was no properties would be impacted unless they were wider than 133 feet. The present 15 percent rule hit the 20-foot cap at a lot width of 133 feet, and raising the cap only would affect the larger lots wider than that. Planning Consultant Gellings pointed out R-16 would have a similar ramp -up under this rule. He continued an estimated three to five percent of Medina properties would be affected, if R-16, R-20 and R-30 parcels were included. Council member Rudolph mentioned Cascade Trust had inquired about the issue of grandfathering, rather than rendering a structure nonconforming. Planning Consultant Gellings responded a nonconforming structure was how Medina grandfathered, and if a building was inconsistent with the present Code, there was no way around calling it nonconforming. Mayor Becker took a poll of the Council, and three members were in favor of approving the Planning Commission Side Yard Setback recommendation, and three were opposed. Therefore, the Council did not approve the side yard setback recommendation, due to lack of a majority. Discussion of Planning Commission Impervious Surface Recommendation —Planning Consultant Gellings explained If the Council supported the Planning Commission recommendation, there would not be a reduction of impervious surface in all cases. The Planning Commission had had recommended a single allowance for all zones that gradually reduced for the larger lots, independent of what zone the lot was in. By assigning all lots to an allowance of 52-1/2 percent, it was actually an increase for lots in the R-30 zone. The goal was consistency for lots across all zones. The Planning Commission had recognized larger lots had City Council Meeting Minutes July 14, 2003 Page 5 greater flexibility, and should therefore, be able to have a lower allowance. He continued very few people maximized impervious surface allowances in their new home designs. However, the trend was getting closer and closer to that allowance. Planning Consultant Gellings continued the Planning Commission felt taking action now would create less nonconformity. City Manager Schulze clarified during the large house discussion, the Planning Commission had asked if the Council objected to their review of this issue, and the Council had no objections. PWD Jahn commented every impervious surface built increased storm water runoff. Planning Commission Vice Chair Mark Nelson explained the Planning Commission had been trying to make a statement the city valued trees in Medina. That was why they had made a modest attempt without impacting the citizens. Mayor Becker explained after discussion of large houses, the Council had wanted to reexamine impervious surface, and that was why the issue was back for discussion. The Council did not support the impervious surface recommendation. Discussion of Planning Commission Minor Deviations Recommendation —By consensus, the Council supported the minor deviations recommendation and requested an ordinance be drafted for consideration at the August Council meeting. They also asked that the definition of "minor deviation" be modified so it would not include the phrase being defined. Consider Adoption of Council Protocol Manual —City Manager Schulze offered to make the appropriate changes and copies, if the Council wished to adopt the Council Protocol Manual. By consensus, the Council wished to defer discussion of the Council Protocol Manual to a future Council Study Session. Discussion of Medina Grocery Store Hearing Examiner Decision —City Manager Schulze explained the Hearing Examiner had denied the Medina Grocery application, and the owner would probably not move forward with a reconsideration request. She was willing to delay any plans for a demolition application and construction of a single-family home on the Medina Grocery property, if the Council was willing to consider a new zoning district. City Manager Schulze noted the Council could be as restrictive for a new zoning district as they felt appropriate. City Attorney Wines clarified such action would be creating a new zone or a zoning overlay. He explained the Hearing Examiner had stated she did not have the power for a use variance for use as anything other than a residence. He recommended the Planning Commission conduct a public hearing, and that the Council do the same. By consensus, the Council requested a joint public hearing to consider creating a new land use zone for the Medina Store/Post Office property, and asked that Planning Commission members be contacted to determine the best date. They also requested a confirmation of the date, with legal notices immediately posted and published. NEW BUSINESS Ronald McDonald House —Mayor Becker inquired whether the Ronald McDonald House could advertise in the Medina Newsletter. City Manager Schulze responded the Police Department was proposing the Ronald McDonald House Charities cruise, and that was why it had been in the July 2003 Medina Quarterly Newsletter. Mayor Becker asked whether other charitable organizations could place advertisements in the Medina Newsletter as well. City Manager Schulze explained the Police Department's participation in the Ronald McDonald House was something the Council had agreed to, and it was sponsored by the Police Department as their public service commitment EXECUTIVE SESSION At 10:53 p.m., the Council by consensus adjourned into Executive Session and reconvened at 11:18 p.m. ADJOURNMENT Council member Morgan moved, seconded by Council member Nunn, to adjourn the meeting at 11:18 p.m., and the motion carried unanimously. Darnel . Becker, Mayor Attest: Caroll P. Wedlund, City Clerk MEDINA CST`.' COUNCIL STUDY SESSION MINUTES June 23, 2003 Medine City Ha!, 6:00 PM 501- Evergreee P:. Rd. Mayor Becker called the Studv Session of the Medina City Counci! to orae- at 600 p.m. ROLL CALL Present Council members Drew Biazey, Thomas Morgan, Todd Nunn, Robe~ Rudoloh. Deputy Mayor Odermat and Mayo- Dame Becker Staff Present: City Manager Doug Schulze, City Attorney- KirK Wines. Police Chief Michae' Knapp, and City Clerk Carol! Wedlunc Staff Absent: Public Works Director Sne! Jahn ANNOUNCEMENTS Council member Rudoip❑ requested an Executive Session following tonlghts meeting. to dlS..JSS potential litigation, per RCW 42.30.110(i). OTHER BUSINESS Discussion of Ordinance No. 743, Tree and Vegetation Code —City Manager Schulze gave background information regarding the history of Ordinance No. 743, noting it was intended to replace the current regulations adopted through Ordinance No. 686 in 2000. He explained ordinance Nc. 686 had been passed as an emergency ordinance, which the Council had intended to replace with a more comprehensive one. City Manager Schulze continued the original tree and vegetation regulations, established by Ordinance No. 282 in September 1972, had been amended by ten ordinances adopted since then. He outlined the amendment ordinances, and introduced Kristin Hoffman. and Chad Weiser from Otak, who were present to explain the Code related to tree and vegetation standards as well as to answer questions. City Manager Schulze explained neither of them had been involved in the process when it started, and Ms. Hoffman had replaced Keith Bates for the past year. Council Morgan was of the opinion Ordinance No. 575.. Sunlight and View, passed in 1995 before he joined the Council, should have been included. Both Ms. Hoffman and Mr. Weiser addressed the Council regarding Ordinance No 743, and responded to their inquiries. The Council reviewed and made changes to each section o O detance No. 743. Discussion of Planning Commission Recommendations for Side Yard Setbacks, impervious Surface, and Administrative Variances --Part way through the Ordinance No. 743 discussion, Mayor Becker announced Agenda Item DA, Discussion of Planning Commission Recommendations for Side Yard Setbacks, Impervious Surface, and Administrative Variances, would be moved to the July 14, 2003 Council meeting. Discussion of Ordinance No. 743, Tree and Vegetation Code--Foliowing further review of Ordinance No. 743, the Council stopped at Section 12.28.190. By consensus. the Council asked the Juiy 14, 2003 Public Hearing for Ordinance No. 743 to be cancelled and rescheduled for the July Study Session, when they would review the recommended changes as well as requested p!ctures and examples. The Council also requested a copy of the Tree Inventory Report for review. Further, they asked staff to craft an ordinance amending MMC Chapter 10.08 to delete NE 61" Stree: and NE 28'r Street from the list of arterials. They also requested language addressinc sidewalk maintenance and drainage to be. moved from Ordinance No. 743 and added to MMC ClF,apter 10,08. Discussion of Interlocal Agreement to Provide Law Enforcement Mutual Aid-Cnie� Knapp gave background information regarding the proposed Interlocal Agreement to Provide Law Enforcement Mutual Aid, noting passage would not add any new legal liability for the city. He noted the other jurisdiction would be responsible for its own actions. City Attorney Wines advised both the Association of Washington Cities and Washington Cities Insurance Authority would be cross-nsuring each agency. By consensus, the Council moved the Law Enforcement Mutual Aid Agreement to the July 14. 2003 consent agenda. EXECUTIVE SESSION The Council recessed into Executive Session, at 9 1 p.m for dlscussior of potential litigation. per PDA, 42.30.110(i), and reconvened at 9:25 p_m_ ADJOURNMENT By consensus, the Council adjourned at 9,25 p.m. Daniel Becker, Mayor Attest: Carol! P. Wedlund, City Clerk