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Home My WebLink About06-09-2003 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES June 9, 2003 Medina City Hall 7:00 PM 50 Evergreen Point Road CALL TO ORDER Deputy Mayor Odermat called the meeting of the Medina City Council, to order at 7:00 p.m. ROLL CALL Present: Council members Drew Blazey, Paul Demitriades, Thomas Morgan, Todd Nunn, and Deputy Mayor Mary Odermat Absent: Council member Bob Rudolph and Mayor Dan Becket Staff Present: City Manager Doug Scnulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Director Shel Jahn, and City Clerk Caroll Wedlund ANNOUNCEMENTS Council member Demitriades advised the following: a. Effective June 15, 2003, he would be resigning from the Council, due to several other commitments. City Attorney Wines advised the Council had a 60-day window in which to find a replacement before the King County Council appointed one. b. The Special Legislative Session would be completed June 10, 2003, and another one could be called. c. He recommended a replacement be found to attend WRIA 8 and SR-520 Advisory Committee meetings. Discussion of Ordinance No. 743, Tree and Vegetation Code --Deputy Mayor Odermat relayed Mayor Becker had requested the Council defer any decision on Ordinance No. 743 until all members could be present. She suggested the Council take testimony until a future meeting could be held. Deputy Mayor Odermat relayed Mayor Becker had also recommended a mailer be sent to Medina residents so every citizen would be aware of this undertaking. Several Council members wished to hear testimony. Deputy Mayor Odermat announced the Council would take testimony tonight and send out a notice of public hearing as well. EXECUTIVE SESSION City Manager Schulze announced an Executive Session would follow tonight's meeting to discuss potential land acquisition, per RCW 43.30.110(b), and to discuss personnel issues, per RCW 43.30.110(g). CONSENT AGENDA Council member Morgan moved, seconded by Council member Demitriades, to accept the consent agenda, and the motion carried unanimously. AUDIENCE PARTICIPATION Deputy Mayor Odermat invited audience members to comment regarding non -agenda items. John Dern-Palmer, 1600 — 77t" Avenue NE, thanked Council member Demitriades for his service on the Civil Service Commission and on the Council. REPORTS Police Department —Chief Knapp announced the following: a. Two burglaries occurred last month, with no sign of forced entry and no activated alarm. Two credit cards were taken, with $3,000 charged against them. b. An intruder rummaged through the Public Works Director's trailer. c. Another identity theft occurred, in which someone counterfeited and cashed nine checks from a Medina resident's bank account. d. A rape was currently being investigated. e. Chief Knapp referred to a newspaper article indicating violent crime had increased 100 percent in 2001, noting Medina had two violent crimes --an assault and a rape. However, in 2003 Medina had four violent crimes, up 100 percent. Property crimes had increased 54 percent. He pointed out the statistics included the Town of Hunts Point. f. The PD just completed the elementary school Junior Pol ce Academy. Chief Knapp read aloud letters from elementary school children. g. The E-lert Program continued to grow in popularity. i.lT !I %Ier'tin- Nil. r,Jte, JLin P �, PJ��'. Plannmo--Cit`y' Manage' ScnUlze re erreC 7C, ihE' JLjr" :- ? 1 �!an.� ' Om'TUSSIpr m 9`�no SUmrht; noting that ,omrn,:.ec me tex- O- the Liar nlnCrenClr Public Works —=FWD Jan,; refer' eC t0 the PUDi:C VbOrk° repor' In the age-`lca packet, and nc One 1 nm Questions. Deputy Mayor Ddermat ;nquired anon' ten- caterpillars and FWD janr replied his cre,,% was gathering and sea:inc them in plastic bacs. so none would escape onto the ground. She also refe-red m fisr hablta' dP,VBIOpment or ,I the beach. anC "YV D; Dann resDGnced ne WaS VJO''Ing On t"la" ISSUE, and WOUi;- make a presentation to the Council within the next couple of months He noteo the `�'asninaterState Department of Fish and Wildlife wOu!d reowre ^UIIEt a nL O' m!t�u� lOn, Decause Medina contractors would Dc: worKing in the water or, the bulkhead. He noteC this was Doslti'je, OeCa USe a portior, cf Medina Beach ParK would be fish habitat fne0d1y as a result. PVVDi Jahn di;', no, iCnriV& wrtethe- the permits Could be ODtalned for next year. adding there was a wlndou,' period in which no work Could be done on the fis�' hapitat. Park Board —Chair Connie Gerlitz indicated the Parr Bo-rc had mace a recommendation to the Council regarding the proposed park sculpture. She sta--ed dogs the park continued to be a contentious issue, adding a couple of Board members patrolleu- the park. Chair Gerlitz emphasized 67 dogs had beer ih the par': during a specified period, and seven owners had been requested not to allow their dogs to sw m in the pone She had distributed dog brocl-ures and had also handed out doggy bags- Chair Gerlitz complained some dogs were not handled well by their owners- She had not asked if park users were residents. because she did no. think it was an appropriate question. FWD Jahn added Public Works personnel had asked that question, and it was approxlmatel} two to one non -Medina residents. Chair Gerlitz compiimented the Department of Public Works regarding irrigation :r•, reiatioh tc the baby herons in Medina Park. She added PW personne` were hand digging so as not to disturb the herons. Deputy Mayor Cdennat suggested Board members be provided with a vest for identification a lc Chair Gerlitz replied she did not want vests. Finance Committee —Council memer r t49orgar had nothing to report.. Personnel Committee —Council member De•rinriades aiso had no infoi elation tc snare. Emergency Preparedness—Courici' member Blazey inoicated the Scout Master had not responded to phone tail or e-mail inquiries regarding his ememeno, preDaredrless r.ateral to residents_ h6 e,ore, a quesilonnalre would be sen, to residents I- ad,,amCe of lw'ied a ✓a`Vs, and! pe"laps a: tn_t event, they would inform other citizens as well. Chief Knapp added there were three new vol Inteem for the Strengtnening Preparedness Amonc Ne,ghDors fSPAM) Progra~t to p ew_re res'--den- to take care of themselves in the event of an emergency=urther, twc citizens were ham adlo operators. He alsc-eported the ci'y now had an emergency preparedness link in conjunction vith the city web site. Also, the Emergency Preparedness Coordinator was developing a re" ge,at)magre' listing in shnrt form now to proceed to case of an emergency. Public VVIorks Director added his cre✓,, was obtaining emergency procedures training: however, Puget Sound Energy did not want any Medina employees touching their valves. City Manager -City Mianager Schulze had nothing to add to t^e City Maraoer's A.,tivity -port. He announced a person from the Northwest Parks Foungation would a progress report regarding the capital campaign for the home next to City Hall, and to answer questions as well. Couoci! member Biazey inquired about the status of the Medina Grocery and speclai use permit Drocess, noting a lot of people used the beach on Sunday, and the store `i1 as Only' P-OPOSed tC De oiler through Saturday. City !Vianager Schulze responded the Hearing Examiner had left the hearing open and nad allowed more t;me for additional staff co'nments. Also, parties of record at the original hearing who Mad testified were also given more time to submit cornmeots regarding the staff recommendations. He noted a number of residents had suggested reduced hours or, Sunday. and t:,at was a decision the Hearing Examiner would make as part of her decision_ Miles Adam, 8424 NE 10"' Street, stated the Medina Grocery variance and special use permit apDl! ation was being presented as a continuation of the way the business hag been conducted in the past_ He recalled dUnng the Hearng Examiner's grese, _atio-, the OJE:St'.on read aee. :aISE'g whether of not —, ore ngnts Could be granted than the previous use, because it vvas formerly ciosed on S,inda�,s- Mr. ,'dams continued hat , r a hV�IestinMi, Pao ; Was wtrw IBC- tB P:aFn!nc Consultan" vet C ciar!TiGatlDn o f,ls' 'S S,i B, b2 ;auJF }nr rinr L 3nllner wanted more- in*ormatior. On behalf o' the Northwest Parks Foundation. Executive Director Kristen Bush. 2250E NE 991' Way, Redmond. WA 98053-1904. gave a history of the rouncation. Sne noted one o` the factors in community nealtn was proximity to public parks and recreation,_ :4s 3usr pointed aut Medina did not have adeq;.late public facilities, as tney only had three parks_ Wher the properr�� next to Clr: Ha bec�rne available fo- sale, she nac approached the city regarding a capital campaia-, demolishing tre home and expanding the existing Medina Beach Park space. Ms. Bush pointed o:_It it was difficult tc contact Medina residents.. as thev were very private. ShB had again apD.roacnec City Manager Sdiulze and requested nls assistance. 101s Eusi stressed there was a sE?nSB Of Urg P.n CA' abOU` 'his prJ12Ct, as there 1., G Deen Tour offer, for the DroDeril to date. Ms. Bush emphasized if this project were to. tame place, a oenefactor would be needed very soon to get the process started. She pointec out an open house would be heir or Wednesday • June 1'1, 2003 at Medina Beach Park from 7:00 to 8:30 p.m.. to generate more interest, and if a pnmary benefactor couid not be found, they would probably De forced to abandon the protect. because the property would have been sold at that point. Ms Bush was asked if she had an official appraisal of the proper?', anc she responded an appraisal conducted eight months ago was for S2.25 million. end two subsequent ones were botr. in the 52.6 million range. At this point. the Parks Foundation was no: in a position to even make an offer, because they nad not secured enough capita; to launcr, the campaign. However, if they were tc obtain the necessary capital, the Parks Foundatior would enter into negotiations for the pur,hase price. She continued the owners had received an offer In the baiipark of S26 million. She speculated the final price might be S2.8 million, due to demolition, and the preparation of the property to hand it back to Medina. as well as a maintenance and oDeration,s endowment. She noted the ✓inc County assessed valuation for that property was 52.1 miilior.. A Council member inquired what had happened with the Open House fives for the Northwest Parks Foundation that had Teen mailed through Niedina s bulk mall brir•ters. Ms. Bush responded ,esidents should have received the fiver in today's mail. John, Dern-Palmer, 1600 — 77t" Avenue NE, announced as both a reactor and a •--acuate cf appraisal courses, he would be glad to serve if the Council wished to form an ad no:.-. corn; -,�ittee on. the suniect. PUBLIC HEARING Ordinance No. 743, Tree and Vegetation Cocie—Cil Manager Sch_ lire annuu,cec ;nance No. 7v3 was intancec to replace an emergency ^rdina:ice passed approxima ly four years ago ceOir.c for 20 ? percent replacement of trees removed during construm on or oroae y develoarnent_ O a na��^n Nc. 743 reduced tree replacement to 150 percent. City Manager ' :hulze continued this ordinance sill p-oviced for a tree fund. He referred to two citizen letters regarding Ordinance No 743, one of wn:ch had been deimared by Paul Saad, due to his inability to attend tonight's meeting City Manage Schu�ze noted the DrefBrrBd plant list was reference,-, in Ordinance No. 743, but was no- parr t; howeve-.Oat. ,vas In the process o- preparing this list in final form. PWD Jahn commented this ordinance was onerous, but implementing it would be rnuch easier than the current one. Council member Morgan intersected Homeowners who were not under redevelopment could do anvthinc the;4 wished with trees on their property that were no: mstorica': in nature. He pointed out clear cutting on the arterial, on Evergreen Point Roar and in Medina Heights had b,:en the motivation for the emergency ordinance. Council I-nernber Morgan referred to the four dated Medina tree canopy photographs on the Coancii chamber wa',I, noting there had been a rema ,able reduction 1r: ',a Total amount of tree cover over the years. Deputy Mayor Odermot inquired if there had been substantial replanting of trees on the three lots where dear cutting had occarree. Council member Morgan responded none had been restored four years later. Council member Demitriades rehired he had read Rictlard Fade's letter to the Council, noting he. had never thought about applying tre proposed requirements to a site where there was no building, such as the formal garden referred to in the letter_ He did not think this was fai-, City Isanaeer Schulze commented as trees matured, the iot would have a rnuch greater canopy than before. Connie Gerlitz, 2415 — 78ti" Avenue NE. inquired if o-^e must replace 150 percent of the cal Der inches or wriether the proposal was 150 percent o` the trees- Council member Morgan replied it was caliper inches. Ms. Geriitz ,-,as of the impression this would create iw,re canopy_ Council member Morgan stated i four years, the homeowner was no longer considered to 7,e in redeveloarr ..tt a! 0 at that time, the rninp process could begin_ This hag beer, the advice !he had received +rom OTAK. Ci!, Ccu.,_.,. Nh-etinn'Jinctes June 0:' Nacre h 'with I"egard to treE and vedJBzatlor: cover, Dr,r)ll?'-'3v(:" �) U reC: Or John Darn -Palmer W^,at perc:�ntUQe o' the dollar value he atinouted to trees M,,-, Derr. -Palmer ro.spenoec hE had d?a t with appraisers In the area. ar.0 would address the questio. a ioca'' expert. Who C=c DrOV.ce than Irforrnai;D� to the Council. Alonq tnat line, Councimember Morcan referred to a newsoape- article from toe New York T Imes, ❑otrin the. Cityof New YO K nac put a price or their street treesriff,, added trees mw: had rl?iimite value t0 citIB6. 'Witi, two Council members absent, the Council felt it would be Bette- to discus- Ordnance Nc_ 74b at the June Study Session. and take action in a public hearing at the J,-Iv Councc. il meetinThey requested the Drobiern areas to be ioentified, tha. Otai< suppo;r e clan' iist, and that conies of landscape plans and photographs of planting be furnished under the currer", ordinance for `c!ea, cut lots Consideration of Ordinance No. 752, Variance Criteria —City At:omev Wine addressed why Uie necessary provision for a minimum variance was necessa-y, and noted Subsection B addressed the fact tt-at prior ordinances were not considered as setting precedent. Case law sta-ed all variance requests were supposed to be unique situations, and the homeowner shouic rot have one unless there were unique characteristics to their lot to begin with. Miles Adam, 8424 NE 1Qth Street, cautioned the city should; not grant "over relief' to address e. particular variance, and obtaininc one did not mean the homeowner could have everytrninq that Gerson vvanted Deputy Mayor Odermat inquired whether the city was tacking on additional conditions more so thar other communities. City Attorney Wines responded the city was more stringent than other commu-iities, bat it was legally defensible. Miles Adam added the city was not trying anything no one else had atte;nDtedand there was got'ning in the ordinance that was being attempted for ttie fi-st aims Council member Blazey moved to approve Ordinance No. 752, Variance Cri'era. Deputy Mayor Odermat inquired if anyone from the audience wished to speak. Lisa Fleischman, 7641 NE '2tr Street, requestec that her issues be adcressed. She had thought there would be follow up on her discussion during the last Council meeting and reiterated if a property was nonconforming, it placed the homeowner in a variance process_ Depute✓ Mayor Ode -mat responded the Council had been provided the supporting information fo- Ms. Fleiscnman's request and the Hearing Examiner's findings. She continued this should be discussed under the topic of nonconformities and possvv the Council could give consideration to the degree of nonconformity that would require a variance down the road, so that administrative procedures could be utilized with some situations. City Manager Schulze relayed Planning Consultant Gellings reviewed land use applications and had been involved with the Fleischman application, so he could probably give the Council more specific information regarding what could change. if anything, with regard to ordinances. John Dern-Palmer, 1600 — 77th Avenue NE, suggested if a variance were to be allowed. it should be the minurnum to suit the app!icant's purpose. Council member Morgan seconded Council member Blazey's motion to pas_ Ordinance No. 7�_2, and the Council adopted it, with Council member Nunn voting nay, and the others in favor. The Council requested that Planning Consultant 3e1!ings identify the p obiems and submit suggestions to -emedy the situatinr. OTHER BUSINESS Consideration of Park Board Recommendation for Sculpture Donation —Council member 111organ moved, seconded by Council member Demitrlades, to accept the Park Boards reco.nmendation regarding the sculpture donation, and the motion carried_ The Council deciinec the Skinner sculpture offer, and suggested perhaps the City of Kirkland might have a use for it, Discussion of Police Dispatch and Records Management Software Acquisition —Chief Knapp recounted the history of Medina PD becoming par, of a con outer -aided discatch records management system wltt,l KlrKlang. He explained it had become appa crt the prime cony,,actors were not able to deliver, as �,e Computer Aided Dispatch and Records Management Software !RMS) features simply did not work. MPD Dit ;. ;nail Me.etma %1;nutes _I _ina t 200:; r'ac needed access to tedem and state data, as i. a7 times beC;ame E. scfet`- IssuI o- the par- qt aril iI e- V/nc would then know if he/she was dealing with a wanted ielon_ denoted anotner contractor, Nev, Worlc Systems, had taken over. The City of Kirklanc hac: douolec thiei- !T s;af:. 'Dut MPD neecec tr,!s new system a; an additional cost of S75,000 to stay on line, and tc receive dispatches from Kirklanc. Chien Knape added when it was time for the RMS portion, there woulc be ar additional unknown cost He -jointed out to mriologv was costiv. but there was no other alternative.:-ity Manager Schulze added the reason Medina hac gone to Kirklanc was because it was less costly than Bellevue. He continued Medina had realized a sunstantial savings ir! the three years they had been wit'ri Kirkiand ove- what they had been Daying to Bellevue- He noted uniess Medina created its own dispatch system, this was the onir,- real available option_ City Manager Schulze continued approval of this request wouic require a DuaaeT amendment. Council member Morgan recuested a balance sheet showing how much the cite had saved during the las'. three years by gong with Kirkiand. He also asked how much more it would cos: t go back to Bellevue and cancel the presem: system. Council member Nunn suggested the Council authorize it and not punish the PD, as they had mace a wise decision by going with Kirkland, and there nad been a little glitch. City Manager Schulze requested authorization to prepare an ordinance for the July Council meeting. By consensus, the Council authorized a budget amendment of S75,000 from reserves to the Po'.ice Department for New World Software. Award Bid for 2003 Street Overlay Projects—PWD Jahn informed the Council he had determines the low bidder to be a responsible entity for the two street overlay pro iects. He noted the city received four bids for the 82od Avenue NE project, and eight for the Indian Trail' It was surprising to him the same contractor won both bids. PWD Jahn promised to inform the residents liv!ng along the Indian Trail regarding the projected work. He continued the contractor wished to start work inr-tediate,y on the Indian T, ai! drainage, which would only be a three-week protect. The P\N crew would follow up with planting in the fall. FWD Jahn had checked the successful bidder's references with the City of Lynnwood. re. continued the 2003 budget for these projects was S240,000, so the city was well below its estimate. Father, with the Indian Trail project, the city was quite a bit below the budget amount, as some of the design work had been paid in 2002 Council member Demitriades moved, seconded by Councii member Morgan, to authorize the City Manager to proceed with the bid awards for the 82"d Avenue NE project and for the Indian Trai! improvement project. Consider Adoption of the Council Protocol Manual —Council member Nunn requested discussic , of the Council Protocol Manual adoption be deferred, as he had not had time to review it. The Council decided to move discussion of the Council Protocol Manua. to tine Jule meeting when all members vdould be present. Continuation of Council Correspondence Discussion —Deputy Mayor Odermat suggested the Council corresDondence discussion be deferred until all members could be present. Council member Morgan inquired how the numbers had been calculated. An exp'anation of postage machine and photocopy machine usage reports was requested for the July meeting. Fleischman Variance —Planning Consultant Gellings gave an overview of the Fleischman variance Issue. and read aloud the Zoning Code regarding nonconforming structures. He speculated two thirds of Medina residences were nonconforming. Council member Nunn's recollection was the Council had never discussed the floor limitation, and their intention had been that a homeowner should not have to seep a variance for floor provisions. He suggested this be discussed after the Council had an opportunity for flu -"her reviev,,. Deputy Mayor Oderni promised to contact IJis. Fleischman so s'ne souk be present for the variance discussion. NEW BUSINESS Council member Demitriades requested to be excused from attending the Executive Sess'on. as trs was his last sleeting. The Council agreed by consensus to do so. Filling Vacancy Created by Resignation of Council member Demitriades--City Manager Schulze asked for a consensus of no opposition to fill the vacant Ccunci' position left by the resignation of Council member Demitriades. He also requested citizens to submit resumes as well as tc complete the city's \,olunteer form. after which the Personnel Committee would review 'hem and make a recommendation to the Council. ^ity Attorney Wines added a portion of the interview could De conducted in executive session, but some of it would need to be done as a public forum. City Manager remanded those present the successful candidate would need to file for office and be part of the November election process, If ti-,at person wisher' to contimue as a Counci'member beyond 2003. LO'Jnc,l Meetro_ Mnw-E .Iona ; 20u3 EXECUTIVE SESSION At 9.33 p.m_. the Counci' Dv consensus aalourned into Executive Session to als' ius� ooie ,t:al lane acquisition, per ROW 43.30,110(b). and to discuss personnel Issues, pe- RCVV ti:, 3C<. 'O(ganc reconvened a- 10 40 p.m. ADJOURNMENT Council member Nunn moved, seconded by Council memoer Blazey.. is ad;ourn the meeting a' 1G 4( ,; rn, and the motion carried unanimously. Attest Caroll P. Wediund. City Clerk