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HomeMy WebLinkAbout10-11-1999 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES October 11, 1999 Medina City Hall 6:00 PM 501 Evergreen Point Rd. EXECUTIVE SESSION At approximately 6:00 p.m., and under authority of RCW 42.30.140 4 (b), an Executive Session was held for discussion of personnel issues. The Executive Session was adjourned at 7:04 p.m. CALL TO ORDER The regular meeting of the Medina City Council was called to order at 7:07 p.m. by Mayor Becker. The meeting was recorded on audiotape. ROLL CALL Present: Councilmembers Suzanne Cohen, Paul Demitriades, Jim Lawrence, Thomas Morgan, Steve Preston and Mayor Daniel Becker. Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, City Planner Christine Schwamberger, City Engineer Jay Hummel and City Clerk Kristen Finnigan. ANNOUNCEMENTS Mayor Becker presented Erselle Eade, Mayor of Hunts Point, with a plaque in appreciation for her work with Suburban Cities and the community. Councilmember Demitriades announced that there would be an Open House in Mayor Eade's honor on October 21st, at Hunts Point Town Hall, from 5:00 to 7:00 p.m. and all were invited. Councilmember Demitriades announced that the general ballot mailing would be Thursday, October 14th. City Attorney Wines reported that the legislature was taking another look at right-of-way legislation. He announced that there would be a Telecommunications Committee Medina City Council Minutes October 11, 1999 Page 2 Right -of -Way Meeting on November 5, 1999, at 10 a.m. in House Hearing Room C, for interested parties. He announced that there was a new committee on technology, telecommunications and energy. CONSENT AGENDA Councilmember Morgan moved to approve the consent agenda. Councilmember Demitriades offered a second to the motion. Councilmember Morgan asked that Item B, the minutes from the City Council/Planning Commission Study Session of September 27, 1999 be removed. Councilmember Demitriades asked that Item C, Minutes from the Special City Council Meeting of October 1, 1999 be removed. The items remaining for approval under the original motion were as follows: A. Minutes from Regular Meeting of September 13, 1999 D. Approval of September, 1999 Warrants/Treasurer's Report Regular Warrants - # 12808 - # 12861 - Voided #12862 & #12863 - # 12907 $ 126,109.15 Personnel Warrants - # 16846 - # 16864 - Voided # 16865 & # 16866 - # 16899 $ 96, 878.56 Approval for the modified consent agenda was unanimous. STAFF REPORTS PUBLIC SAFETY REPORT Police Chief Knapp reviewed the Police Department monthly report, referring to two burglaries that had occurred during the past month, involving sizeable losses. He stated that they had both involved daytime, unoccupied, unforced entry and that neither residence had a security system. He reported that the department had recovered a stolen automobile that had crashed into a Bellevue home after stealing gas while passing through Medina. Chief Knapp noted the increase in speed enforcement, commenting that there had been a positive reaction so far from residents. Chief Knapp also noted two arrests by Mercer Island Patrol, involving minors in possession of alcohol. Mayor Becker asked the Chief to find out whether these stops were made at docks or on the water. Councilmember Demitriades commented that he had noticed the impact of traffic enforcement on Evergreen Point Road. He asked what the impact had been, relative to parking enforcement. Police Chief Knapp explained that construction activity had increased and that his department had been working with contractors regarding staging and flagmen, with an emphasis on safety. Medina City Council Minutes October 11, 1999 Page 3 PARK BOARD City Manager Schulze reported on the two Park Board Meetings held in September, 1999. He explained that on September 8th, the Fairweather Nature Preserve Final Plan had been discussed and that the Park Board's recommendation to the City Council had been to include the project in the budget for next year, with the suggestion that a maintenance program also be budgeted. The Park Board had suggested that members attend Council Meetings, especially during budget meetings, to discuss projects and concerns. City Manager Schulze explained that for the past three years, the Park Board had had an opportunity to present projects for the budget. The City Manager reported that the Park Board had expressed concern regarding lifeguards for the summer of 2000. He explained that the City had lost all of its lifeguards early due to their return to school in early August, 1999 and that the City was looking for ways to ensure that they would stay through Labor Day next year. City Manager Schulze stated that the Park Board continued to work on the Friends of Fairweather Nature Preserve. The City Manager announced that the Medina Park Ponds Project would begin the week of October 11, 1999. He said that a meeting had been held with the contractor and the contractor had stated that he felt that they would be able to conclude all of their work during the month of October. The City Manager said that he would be having a meeting with the Department of Fisheries relative to this work, very soon. PLANNING City Planner Schwamberger reported that the Planning Commission was interested in pursuing underground utilities. She stated that the Board of Adjustment had held a workshop with the Planning Commission and that the discussion and questions had focused upon the Environmentally Sensitive Areas Ordinance. She stated that City Attorney Wines was preparing an initial draft ordinance, for review by herself and City Planner Bob Burke, to then be then forwarded to the Board of Adjustment and the Planning Commission. City Planner Schwamberger said that City Attorney Wines had drafted an Ordinance relative to Outdoor Lighting Regulations. She reported that staff members had concern regarding the draft Ordinance relative to Gates on Private Lanes. The City Planner suggested that the reconstruction issue be discussed at an upcoming workshop, when Building Official Lowell Erickson could be in attendance. Medina City Council Minutes October 11, 1999 Page 4 Relative to rezoning of the district between NE 28th St. and NE 24th St., Planner Schwamberger stated that she would like to check further into the Growth Management Act issues on density, for information in this area. SUBURBAN CITIES Sonny Putter, City Councilmember from the City of Newcastle, and Suburban Cities Board Representative was present to report on Suburban Cities. He explained that the Board of Directors consisted of nine members, representing cities outside of Bellevue and Seattle, in King County. Explaining that the organization was undergoing many changes, he asked for the City's help throughout that process. Councilmember Putter said that the primary function of Suburban Cities at this time was to support the electeds who represent the cities on the regional committees, and to focus on education and networking among Councilmembers. Councilmember Putter distributed informational materials to the Council and invited them to inform Suburban Cities of any issues that they felt required attention. Councilmember Morgan asked how many cities were in the small cities caucus. Councilmember Putter responded that there were fourteen - all cities under 10,000 in population. Councilmember Morgan expressed concern that Medina had special problems that Suburban Cities had not seemed to be interested in, in the past. Councilmember Putter explained that cities that originally formed in the County, were formed with an either commercial or industrial basis, but that the cities forming in the last decade had all concentrated around residential basis. He explained that, increasingly, the issues of concern to Medina were increasingly coming to the forefront, due to this change. Councilmember Morgan responded that he thought that the City should form an active caucus. Councilmember Demitriades thanked Councilmember Putter for attending. He suggested that Suburban Cities needed big improvements in their newsletter. He noted that he had not heard of Suburban Cities having done anything regarding the Endangered Species Act. AUDIENCE PARTICIPATION No one from the audience wished to address the Council on topics not on the agenda. POINT OF ORDER Mayor Becker requested, with the Council's permission, to now address Item H, under Discussion - Overlake Drive E. Retaining Wall Contract Award. Jay Hummel, Project Manager, Roth Hill Engineering reported that bids had been opened on Thursday, October 7, 1999, with the low bid having been $173,029, from Condon Johnson & Associates. Hummel explained that the Engineer's Estimate for the Medina City Council Minutes October 11, 1999 Page 5 retaining wall bid item was $35,800 under Condon Johnson's bid. He explained that he felt that the bidding climate and the marketplace were extremely busy and that may have contributed to the higher prices. He also reviewed the mixed scope of the project. Councilmember Morgan asked whether or not the time of the year, with the rainy season approaching, would have any impact on the difficulties involved in this project. Hummel explained that this work was difficult at any time of the year, due to the fact that it is a steep slope, on a narrow road. Councilmember Morgan then asked about extensive remediation of the water coming down the ravine. Hummel stated that the only plan for the water was releated to the wall drain that would be connected to an existing storm system at the driveway down below. City Engineer Hummel explained that the reason that the project was being done was because, a few winters ago, some material had sloughed -off behind the wall, due to heavy rains. Mayor Becker asked if the work could be done during heavy rains. City Engineer Hummel explained that erosion controls would be established first, brush would be cleared and holes would be drilled to remove dirt and that there were no problems anticipated. Councilmember Demitriades expressed concern that this was now the second time that the "should cost" was substantially below the low bidder. He questioned whether there would be any involvement with Fisheries in this project and Hummel assured him that there would not be. City Engineer Hummel stated that there would be only city permits required and that the project would start during the week of October 25th. He stated that 60 days was the window of time given to the contractor to complete. Mayor Becker questioned what the impact would be, should the project be delayed for a year. City Engineer Hummel stated that the geotechnical engineer would be best to answer that question, but that the present wall had been secured with steel cables for the past two to two and a half years, and that another wet winter is anticipated. He said that there had been only minor slippage in the past year. Councilmember Morgan expressed serious concern that an opportunity had not been afforded for addressing questions at an earlier date. He said that he was troubled in spending unanticipated monies without having explored other solutions. Following discussion regarding any possible risks involved in not proceeding at this time, the consensus of Council was that they did not want citizens to be at any risk, and therefore agreed to proceed. Mayor Becker questioned whether monies should be allocated for change orders and the City Manager explained that he did not feel that this would be necessary. Moved by Councilmember Morgan and seconded by Councilmember Demitriades, the vote was unanimous to award Contract 4-99, in the amount of $173,029, to Condon Johnson & Associates. Medina City Council Minutes October 11, 1999 Page 6 POINT OF ORDER Mayor Becker announced that Items B and C from the Consent Agenda would now be addressed. Councilmember Morgan noted that Item B, minutes from the City Council/Planning Commission Study Session of September 27, 1999, had shown that a committee had been formed to explore the R-16 zone, including Planning Commission Member Paul Saad, although Mark Nelson had been named in his place. With the correction noted, Councilmember Morgan moved to approve the minutes of the Joint Study Session of the Medina City Council/Planning Commission of September 27, 1999. Seconded by Councilmember Demitriades, approval was unanimous. Councilmember Demitriades noted that Item C, minutes from the Special City Council Meeting of October 1, 1999, did not express comments made by Councilmembers at that meeting, relative to the Awarding of Contract 3-99, Medina Park Pond, Stream and Path Improvements. He submitted these additions and corrections to the City Clerk for revision to these minutes: Councilmember Demitriades stated that the Council had expressed concern that the Engineers' (Roth Hill) "should cost" estimate for the Medina Park Pond Stream and Path Improvements, Contract 3-99, was substantially lower than the low bid. The Council asked, because of the critical project completion date, whether any subcontractors were involved. The City Engineer said that AGI Technologies, the selected bidder, would not use sub -contractors. He indicated that AGI could meet the schedule and was prepared to start work October 11, and complete major items by October 30th. The Council expressed concern about the increase in contract scope of work caused by Government Agency (Fisheries) requirements related to the HPA permit. Council expressed concern about any fines by Fisheries if contractor did not meet the schedule (staff was requested to seek some "schedule slack" from Fisheries). Councilmember Demitriades corrected the last paragraph on page two of the minutes of October 1, 1999 to read: Councilmember Demitriades reported on the Lake Washington/Cedar River Watershed Forum Meeting of September 30, 1999. He stated that substantial effort will be required by City Staff/ Consultants/ Planning Commission/ Legal Counsel and the City Council to prepare for 2000 evaluation of National Marine Fisheries Service/King County negotiations of Endangered Species Act (ESA) impact ('AU rule) on Comprehensive Plan, Shoreline Management, SEPA and other ordinances. Councilmember Demitriades stated that, in his opinion, ESA requirements might be on the scale of Growth Management Act requirements. Medina City Council Minutes October 11, 1999 Page 7 City Manager Schulze reported that he had discussed fines with the Department of Fisheries. He stated that penalties were quite substantial - $5,000 per day, including incarceration penalties, and that the contractor had been informed of these penalties at the pre -construction meeting, and they had assured the City that the work could be done by the 31 st of October. City Manager Schulze also reported that confirmation had been received from the Department of Fisheries that if it appeared that work was not going to be completed by the 31 st of October, the City should contact them and they would come out and do a site inspection and determine whether or not they would allow the work to go beyond that date. The consensus was for Item C, Councilmember Demitriades' additions and corrections to be submitted to the City Clerk, to be brought back revised, for the agenda of the November Council Meeting. PUBLIC HEARING Ordinance No.671 - AN ORDINANCE RELATING TO SPEED LIMITS IN THE CITY OF MEDINA. Mayor Becker opened the Public Hearing portion of the meeting, asking about budget considerations for this item. City Manager Schulze explained that minimal signage would be required to replace what is there now, but there would be the option for Council to post more signs to notify motorists that the speed limit had changed. He explained that this was the second time that this item had been discussed. At the September Council Meeting and since that time, comments, letters and a -mails had been received and opinions appeared to be split. He stated that a majority of the comments indicated that residents would welcome strict enforcement of current traffic speeds. Councilmember Demitriades noted that while he did like the summary for ordinances format, he would like to see a cost item included. Councilmember Morgan said that he was encouraged by the Police Chief's report that enforcement was having an effect. He expressed concern that the speed limit should not be lowered if it could not be enforced. Arthur Dietrich, 707 Overlake Drive East, expressed concern that enforcement of speed limits was not occurring on the south end of Medina, as it was in other areas. Chief Knapp assured him that in fact it had been, but that a special emphasis would be shown in this area. Councilmember Preston stated that he was also encouraged by the enforcement efforts and would like to take time to enforce further, before the transition to lower speeds. Councilmember Demitriades and Councilmember Morgan stated that they would like to see current enforcement continue for a period of time and then review the results and consider the ordinance. Councilmember Lawrence expressed support for the lower limits. Councilmember Cohen stated that she would like to see the Ordinance passed at this time. Medina City Council Minutes October 11, 1999 Page 8 The Public Hearing was closed. Councilmember Cohen moved to adopt Ordinance No. 671. It was seconded by Councilmember Lawrence. Councilmembers Preston, ^" Morgan and Demitriades voted nay, resulting in a tie, with Mayor Becker voting for the motion. It was noted that those voting nays supported the Ordinance, but wanted to await results of continued enforcement before going ahead with adoption. The consensus was to bring Ordinance No. 671 back to the November Council Meeting. ORDINANCES/RESOLUTIONS Ordinance No. 665 - AN ORDINANCE ADDING A NEW SECTION TO THE MEDINA MUNICIPAL CODE CHAPTER 15.20, MITIGATION PLANS FOR MAJOR CONSTRUCTION ACTIVITIES, TO ADD A REQUIREMENT FOR MITIGATION PLANS FOR PROJECTS USING TOWER CRANES AND TO PREFER RESIDENTIAL CONSTRUCTION METHODS AND PRACTICES OVER COMMERCIAL CONSTRUCTION METHODS AND PRACTICES. City Attorney Wines introduced the Ordinance, and explained changes made, as a result of the Joint City Council/Planning Commission Meeting. Changes in Section I, C & D and Section 2 were expanded upon. Councilmember Demitriades opened the discussion on defining residential construction methods and practices over commercial construction methods and practices, noted in Section 2, with the tower crane as an example. City Attorney Wines said that this Ordinance gives the Planning Commission the ability to develop some expertise on the issue and to seek ways to mitigate large construction projects. Councilmember Lawrence raised questions as to the intended effect of the Ordinance. Councilmember Morgan stated that this might encourage the Planning Commission to develop a sense of what characterizes commercial construction practices. Councilmember Cohen expressed concern that Ordinance No. 665 would be difficult to enforce. She stated that compelling information had been submitted, favoring the use of tower cranes, and that her feeling was that this ordinance did not really fix anything. Councilmember Lawrence suggested changes to the proposed ordinance. He suggested that Section 1 be passed, ensuring that if a tower crane were involved in construction, a mitigation plan would have to be submitted. He suggested that Section 2 be sent back to the Planning Commission, for further study, to be passed at a future date, as a separate ordinance. He suggested changes to Section 1, Paragraph B, replacing "may" be added with "will'. He also suggested that Paragraph C. 4, regarding the length of time the crane remains in place should include the length of time anticipated. Councilmember Lawrence moved that Section 1 and 3 of Ordinance No. 665 be passed, with changes as noted and that Section 2 be sent back to the Planning Commission for more specific input, prior to consideration. Seconded by Councilmember Morgan, Councilmembers Preston and Demitriades were in favor and the revised ordinance passed. Nay votes were recorded for Councilmember Cohen and Mayor Becker. Medina City Council Minutes October 11, 1999 Page 9 Ordinance No 670 - AN ORDINANCE REGULATING PLACEMENT OF GATES. Mayor Becker asked City Manager Schulze what precipitated the origin of this ordinance. The City Manager explained that the Building Official had made a determination that a gate already installed would need to be removed, because his interpretation of the City Code was that it was not permitted. The applicant appealed before the Board of Adjustment and the Board of Adjustment overturned the Building Official's decision. City Attorney Wines stated that this was based upon their interpretation of the code - that there was nothing that prohibited the gate - that it was an allowable use. He stated that an ordinance that would forbid the use of gates on private lanes had been heard by a committee whose recommendation was that the gates could be allowed, with the use of Knox boxes. Councilmember Morgan said that he felt that the remarks of the Building Official, City Engineer and City Planner, included in the Council packet were useful. He stated that he was in favor of not allowing a gate to be placed on the portion of lane used by more than one household and that those gates must have Knox boxes, with a manual release in the case of electrical failure. City Manager Schulze explained that the city code was somewhat misleading in calling a private lane a private lane, simply because, when there is a private lane that serves more than one dwelling, city code requires that there be an easement that provides access for public and private turnaround. City Attorney Wines stated that, at this time, you could put a gate on your own property, off of the easement. Geof Whitten, 22720 NE 46th - Redmond, WA. stated that if those on private lanes had gates, emergency vehicles could not back up. He said that he was a proponent of the Knox Box. Following discussion, the consensus was to take Ordinance No. 670 off the table and bring back an ordinance prohibiting gates on private lanes. Ordinance No. 674 - AN ORDINANCE RELATING TO EXTERIOR LIGHTING City Planner Schwamberger reviewed the issue before the Council, explaining that the ordinance would establish a standard for the maximum amount of light trespass allowable across a property line, caused by an outdoor lighting fixture. City Attorney Wines recommended that the penalties be changed from criminal to civil. He stated the importance of obtaining a light meter before setting standards and City Planner Schwamberger said that she was in the process of doing so. Councilmember Morgan stated his support for retroactive enforcement. Mayor Becker said that he would like to see a six to twelve month period be set in order for residents to bring their properties into compliance, should the ordinance be passed. Councilmember Cohen suggested including lighting requirements as part of the building permit packet for new construction. Medina City Council Minutes October 11, 1999 Page 10 City Planner Schwamberger said that she had visited the home of the person who had _ brought this issue to the attention of the Planning Commission and that this ordinance, as written, would not be a help to her. Mayor Becker stated that he would like to see if this ordinance is something that the Council would want to enforce and if enforcement is doable. Following discussion, the consensus was to table the issue, to allow staff to review in a broader manner. Geof Whitten volunteered to loan the City a light meter for measuring. DISCUSSION INCREASES IN MEDINA FEE SCHEDULE City Manager Schulze introduced the proposed fee additions, explaining the procedures for adopting new fees. He further explained that the City of Medina had traditionally passed through costs related to services provided for building related activities that go above and beyond the original fee. He said that the City Planner's fees would not be charged unless they exceeded that original fee. Councilmember Cohen moved to approve fees of $35.00 per hour for the time of the City Planner. Seconded by Councilmember Lawrence, all were in favor. City Manager Schulze explained that the reason for the addition of the certified copy fee to the fee schedule was to ensure that costs would be covered when staff is requested to produce a copy of a document from the city files, stamp and certify that it is a true and correct copy. Councilmember Cohen moved to approve the addition of the certified copy fee to the fee schedule. Seconded by Councilmember Morgan, all were in favor and the fee schedule was adopted. Discussion followed, including the possibility of extending the permit and variance time frames from twelve to 18 months. Mayor Becker stated his concern that, due to the present market conditions, people are often not able to complete their projects within the current times given. The consensus was to discuss this subject under new business. Councilmember Cohen stated that she had some concerns regarding the extension of the variance fee item, especially if the period of time would be extended. Councilmember Preston stated that satellite dishes were under study, relative to classes and requirements. The consensus was to include this item on the November agenda. Medina City Council Minutes October 11, 1999 Page 11 RATIFICATION OF CONTRACT WITH POLICE OFFICERS City Manager Schulze presented the Agreement that was before them to the Council. Having already been accepted by the Union members and consistent with previous direction authorized by the City Council, Councilmember Morgan moved to approve Ratification of Labor Agreement with Law Enforcement Officers. Seconded by Councilmember Demitriades, the contract was unanimously approved. RECONSTRUCTION ISSUES Councilmember Morgan moved to defer to a Council Study Session, with the Building Official Lowell Erickson in attendance. He related that the Council had reiterated its objectives in passing the reconstruction ordinance six months ago, which were to reestablish remodeling as the preferred alternative to destruction and reconstruction. He stated that in order to do that, they had redefined cost basis for the valuation of the house. He added that a provision had also been included for reconstruction, in the case of a disaster. Mayor Becker stated that the agenda for the October 25'h Study Session had a full agenda and that the December 1999 or January 2000 Study Session would be the probable time for discussion of this item. PLANNING COMMISSION VACANCY Mayor Becker reported that he had put forward the name of Todd Nunn for the open seat on the Planning Commission. Following comments and a brief discussion, Councilmember Morgan moved that Todd Nunn be appointed to the Planning Commission. Seconded by Councilmember Preston, the appointment was unanimous. City Manager Schulze reviewed the background as to the vacancy occurring in City Council Position No. 5. He stated that the City of Medina had notified King County Records and Elections Division in a timely manner, relative to the resignation of Councilmember Potts, Position No. 5, and Councilmember Ross, Position No. 7, with the effective dates of their resignations. He pointed out a letter from King County Records and Elections, dated October 6, 1999, indicating the failure of King County Election Services to conduct a special filing period during the first week in October. City Manager Schulze explained that, at this point, it would be very difficult to hold a special filing period, due to the absentee ballots having already begun being printed in order to make the deadline for mailing absentee ballots. He stated that this puts the Council in a position of having to appoint someone to fill the vacancy, within ninety days of the vacancy, which would be January 1, 2000. The consensus was to put a notice in the Medina Newsletter, emphasizing that previous experience on city boards and commissions in Medina or elsewhere would be appreciated. POINT OF ORDER Mayor Becker announced a five-minute recess. Medina City Council Minutes October 11, 1999 Page 12 FY 2000 BUDGET City Manager Schulze explained that the budget information included in the Council packet reflected work done to date on the FY 2000 budget. He stated that the department heads had submitted their budget requests and that the Public Works Committee and the Finance Committee had reviewed the proposed budget. He said that the Park Board had also provided some input. City Manager Schulze said that the proposed budget maintains the 1999 City tax rate of $1.20 per thousand of assessed value and does not require the use of any City reserve funds. He stated that the purpose for this item being on the agenda was to receive input from the Council as to questions they may have so that answers could be supplied prior to the time of the Public Hearing, dedicating as much time as possible at the Public Hearing to hearing from the public. Councilmember Demitriades asked if 1-695 impacts had been considered in the budget. City Manager Schulze said that he did not, due to the fact that there would be so many unanswered questions, should 1-695 pass. Councilmember Morgan noted that it appeared that the budget allowed for the addition of one million dollars in capital improvements next year and City Manager Schulze confirmed his observation. Councilmember Demitriades noted the addition of one new full-time officer for the Police Department. Police Chief Knapp stated that this brought his department to ten people, for next year. Discussion followed regarding the revenue and expenditure history for the past ten years. City Manager Schulze announced that he had not received the request from the union representing the public works and office -clerical employees for the upcoming contract. Therefore, he said that these figures had not been reflected in the information to date. City Manager Schulze announced that Public Budget Hearings would be held during the November and December Council Meetings. SOLICITATION ORDINANCE City Attorney Wines explained that about a year ago, the ACLU began writing to the City, challenging the Solicitation Ordinance, because it restricts the hours of solicitation from 10:00 a.m. until 6:00 p.m. He said that the ACLU has told him that they felt that those restrictions were unconstitutional infringement upon their freedom of speech. In particular, they were representing the Union Gospel Mission, whose preferred hours of solicitation were in the evening. The City Attorney stated that he had done some research and that his recommendation would be that the hours of solicitation should be changed to from 9:00 a.m. to 9:00 p.m., adding a provision stating that if citizens put up a "No Trespassing" or "No Solicitation" sign, this would subject violator to a criminal penalty. City Attorney Wines indicated that the ACLU had said that they preferred not to have any time limitations, but that they would not challenge such an ordinance. Medina City Council Minutes October 11, 1999 Page 13 Discussion followed, during which Councilmembers expressed concerns for violations -" of their rights to privacy. The consensus was to direct the City Attorney to draft an ordinance with the hours of solicitation to be from 9:00 a.m. to 8:00 p.m. and a Public Hearing was scheduled for the November City Council Meeting. NEW BUSINESS EXTENSION OF BUILDING PERMITS AND VARIANCES Mayor Becker reintroduced the discussion regarding the extension of building permits and variances, from twelve to eighteen months. The consensus was to discuss the two items separately. City Manager Schulze indicated that he would check with other Points Communities as to their permit periods and the Council decided to look into the possibility of amending the UBC, relating only to time frames. Councilmembers expressed concern over the building permit applicants' ability to commence construction activities within six months. The consensus was to have an ordinance drafted with a basic eighteen month building permit, with a six month extension and investigate the time involved in beginning construction, if that is possible. City Attorney Kirk Wines related that the Board of Adjustment had been granting extensions to those who have asked. He stated that a part of their thinking was that they did not want to put citizens through applying for another variance application and the additional expense when the situation wouldn't have changed in the matter of a year. He explained that the Board would prefer to have the staff able to grant these extensions on an administrative basis, for another six months, before the expiration of the original variance. The Council discussed circumstances when an extension might be necessary. City Manager Schulze explained that recently some decisions had been challenged in court and the council agreed that these extenuating circumstances should stop the clock. City Attorney Wines agreed that the time from the filing of the appeal until the judgment is rendered should not count. The consensus was to have an ordinance drafted that would allow for a six-month extension of a variance, to be handled administratively. Councilmember Cohen suggested that building permit applicants be notified when it is close to the time when their building permit would expire, making the building department more user-friendly. City Manager Schulze explained that there might be some way to set up reminders as such when the building department tracking system is in place. SUBURBAN CITIES Councilmember Morgan stated that he had been impressed with Sonny Putter, Councilmember from the City of Newcastle, and Suburban Cities Representative. He stated that he felt that the Council should put together a thoughtful response to him and he offered to lead the effort from the Council's side and requested assistance from Medina City Council Minutes October 11, 1999 Page 14 staff. Councilmember Morgan spoke of issues dealing with the infrastructure that will need to be addressed in the future. He noted that Suburban Cities had not come to the -" forefront on telecommunications. He said that many issues are unique to residential communities and that Medina should strive to form alliances. He encouraged members to attend Suburban Cities' Meetings and invited input from others in putting together a letter from the Council. Mayor Becker announced that there would be a Suburban Cities Meeting at Overlake Golf & Country Club, in January, 2000. REAPPOINTMENT TO PLANNING COMMISSION Mayor Becker announced that Mary Odermat's term on the Planning Commission was up in June, 1999, and that she had continued to serve, but did need to be re -appointed. Moved by Councilmember Morgan and seconded by Councilmember Preston, all were in favor of the re -appointment. Councilmember Demitriades reported that he had attended a Department of Ecology Meeting that had been arranged by City Planner Christine Schwamberger. He stated that it had been very useful in briefing all of the Planners from the Points Communities and Public Works. He said that Mercer Island and Seattle had also attended. Councilmember Demitriades said that at the meeting, the Department of Ecology had handed out a supplemental SEPA checklist that focused on the Endangered Species Act, which he had passed out to Councilmembers. His recommendation was that staff receive and that it be provided to the Planning Commission. He said that the Department of Ecology had suggested that this checklist be added to our existing SEPA checklist. He stated that the City had redone its SEPA Ordinance, No. 658, and it should be reviewed by the Planning Commission to see if the City wanted to adopt the checklist. He said that the City of Mercer Island had initiated action to require "biological assessments" of any shoreline project, including docks, etc. Councilmember Morgan stated that he would strongly support the effort to put rules in place. Discussion followed relative to enforcement. City Attorney Wines reported that the Department of Ecology had withdrawn its proposed Shorelines Rule for now. ADJOURNMENT On a motion by Councilmember Preston and a second by Councilmember Cohen, the Council Meeting adjourned at 10:22 p.m. D ni I F. Becker, Mayor Attest: risten Finnigan ity Clerk