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HomeMy WebLinkAbout04-12-1999 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES April 12, 1999 Medina City Hall 7:00 PM 501 Evergreen Point Rd. CALL TO ORDER The regular meeting of the Medina City Council was called to order at 7:00 PM by Mayor Becker. The meeting was recorded on audio tape but was inaudible, due to a sound system malfunction. ROLL CALL Present: Councilmembers Suzanne Cohen, Paul Demitriades, Thomas Morgan, Susan Potts, Steve Preston, and Mayor Daniel Becker. Absent: Councilmember Grahame Ross Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Superintendent Carl Burris, Building Official Lowell Erickson, and City Clerk Kristen Finnigan. ANNOUNCEMENTS Mayor Becker announced that Councilmember Ross was in the hospital for a brief stay and expressed the Council's wishes that he return soon. He also stated that there would be an executive session at the end of the meeting. CONSENT AGENDA Mayor Becker asked that items E, F and H be removed from the consent agenda for discussion. Councilmember Morgan moved to approve items A, B, C, D and G represented below. Seconded by Councilmember Demitriades seconded the motion. All were in favor. A. Minutes from Regular Meeting of March 8, 1999 Medina City Council Minutes April 12, 1999 Page 2 B. Approval of March 1999 Warrants/Treasurer's Report Regular Warrants - #12214-12277, 12279-12325 Corrected Warrants - #89999, 11734, 12040-12041, 12139 $170,676.13 Personnel Warrants - #16519-16525, 16527-16572 $ 86,257.14 C. Recreation Agreement with City of Bellevue D. Right of Entry Permission for Institutional Network G. Photographs of Council and Boards REPORTS PUBLIC SAFETY REPORT Police Chief Knapp reviewed the Police Report for March, 1999. He noted that the special traffic enforcement at 84th & SR-520 ramp had been effective with violators who skip the queue and go to the front of the line. He stated that this enforcement will continue, though with a less intense effort. Chief Knapp related that there had been a couple of mailbox thefts and that the Police Department was coordinating information with postal inspectors. He also reported that three prowlers had been reported last month and he stressed the need for residents to be aware of this fact. Chief Knapp reported that the Police Department had received a $10,000 Federal Grant which would be used for a new security system at City Hall and evidence processing procedures. Councilmember Potts asked if the Police Department was enforcing fines for false alarm penalties. City Manager Schulze explained that in the past this enforcement had been the responsibility of the Police Department. He stated that the City Attorney would be preparing an ordinance for consideration at the May City Council meeting which would put this function back into the City Clerk's office for tracking. Councilmember Demitriades complimented the Police Department on the good job that they had done on 24th and Evergreen Point Road in accomplishing less speeding in the area. AUDIENCE PARTICIPATION Loren Cole, 8266 Overlake Drive W., stated his thoughts that the Overlake Drive Path was a good idea but that he does not feel that the materials used are appropriate in that bikes and roller blades are not able to be used upon them. William Baum, 8300 Overlake Drive W., stated that he supported the comments of Mr. Cole. Medina City Council Minutes April 12, 1999 Page 3 Mayor Becker informed the audience that another neighborhood meeting is planned on May 3rd,relative to the pedestrian path. He stated that this information will be passed on along with other citizen input. The Mayor also explained that there had been a great deal of discussion regarding the materials used for the path and that if people are not satisfied, other solutions can be explored. Ruth Whitten, 8335 Overlake Drive W., said that she does walk in the neighborhood and uses the pedestrian path. Sam Evans, 8106 Overlake Drive W., said that he had written a letter to the City Council expressing his feeling that he did not see the need for the path. ORDINANCES AND RESOLUTIONS Ordinance No. 614 - AN ORDINANCE AMENDING MEDINA MUNICIPAL CODE SECTION 17.24.010 AND 17.28.010 TO ADD NEW PROVISIONS REQUIRING INCREASED SIDE YARD SETBACKS FOR LARGER LOTS AND REDUCING LOT COVERAGE FOR STRUCTURES IN R-20 AND R-30 ZONES, AND AMENDING MEDINA MUNICIPAL CODE SECTION 17.12.010 TO ADD ADDITIONAL DEFINITIONS Councilmember Morgan moved to re -open the Public Hearing on Ordinance No. 614. Seconded by Councilmember Demitriades, discussion followed. Councilmember Cohen read paragraph "G", after which it was decided that, for clarification purposes, City Attorney Wines would rewrite "G", on pages 2 and 3 of the ordinance. Building Official Lowell Erickson spoke to the definitions of "Centerline of Building Site" and "Site Width". Joan Griffes, 2431 Evergreen Point Road, stated that she was a former Chairperson of the Medina Planning Commission. She expressed her agreement with the addition of Section "G" to the proposed ordinance. Mrs. Griffes also said that she would prefer that the wording of the ordinance be simplified. Gordon Griffes, 2431 Evergreen Point Road, said that he had submitted a letter to the Council, relative to his concerns regarding proposed Ordinance No. 614. Vassos Demitriou, 205 Lake Street S., Kirkland, and 8901 Groat Point Drive, commented that he felt that the 15% rule was excessive and that the ordinance as proposed penalizes wide lots. Mr. Demitriou stated that he believes that the 13% lot coverage will force three story homes. Greg Whitten, 8335 Overlake Drive W., stated his belief that 15% setbacks are unreasonable and that he had considered some measurements relative to his own Medina City Council Minutes April 12, 1999 Page 4 home. Mr. Whitten expressed some questions he had relative to the origin of some of the language of the proposed ordinance. Mayor Becker explained that all content and intent had been expressed during public meetings and that the City Attorney had reworked some the language of the proposed ordinance for clarification purposes. David Fox, 312 Overlake Drive E., stated that he was new to the city and unfamiliar with much of the history but that he was concerned that he may need to build a three story home as a result of proposed changes. Mayor Becker explained that Ordinance No. 614 would not take effect until six months after the date of publication and that this will allow time for some to finish their process and others to fully understand the ordinance. Doug Epstein, 720 Overlake Dr. E., said that he was a new resident and had purchased his home with the understanding that he could build a third garage. He mentioned that this was advertised in the realtor's advertisement for the home that he purchased. He expressed his feeling that 13% lot coverage is too low. Councilmember Cohen moved to close the Public Hearing on Ordinance No. 614. Seconded by Councilmember Morgan, all were in favor. City Attorney Wines was then directed to rework "G" on pages 2 and 3, separating the language into two sentences. After consulting with the Building Official, City Attorney Wines returned with the reworked Section "G", which he read. Councilmember Preston moved to amend Ordinance No. 614. Seconded by Councilmember Morgan. All were in favor. Councilmember Cohen moved to adopt Ordinance No. 614 as amended. Seconded by Councilmember Demitriades, approval was unanimous. Ordinance No. 652 - AN ORDINANCE REPEALING PORTIONS OF CHAPTER 5.12 OF THE MEDINA MUNICIPAL CODE DEALING WITH PEDDLERS AND SOLICITORS AND ADDING NEW PROVISIONS THERETO TO DESCRIBE THE PURPOSE FOR THE CHAPTER, ADD DEFINITIONS AND PROHIBIT TRESPASSING OR REMAINING ON PRIVATE PROPERTY AFTER A REQUEST TO LEAVE AND AMENDING MEDINA MUNICIPAL CODE SECTION 17.80.050 TO ALLOW POSTING OF NO TRESPASSING SIGNS. Mayor Becker gave background information relative to the proposed ordinance, explaining that the City of Medina's present ordinance which states that no soliciting may be done after 7:00 PM had been challenged by the ACLU as violating rights of individuals. Councilmember Cohen explained that many residents live down long, darkened driveways and do not like to have callers late at night. She stated that private citizens Medina City Council Minutes April 12, 1999 Page 5 do not have to allow free speech on their private property. She further related that, in order for residents to post no solicitation signs, Medina's present ordinance would have to be changed. Lloyd Reed, 8703 NE 11th, asked if the Green River Ordinance which he had seen in other communities might be effective in Medina. City Attorney Wines stated that the Green River Ordinance is actually less restrictive than that which Medina has had. He also said that at the present time, the city was still attempting to reach an acceptable solution with the ACLU and that a lawsuit had not been filed. Councilmember Morgan stated that he was in favor of the ordinance in that it would be a deterrent. Councilmember Morgan moved to approve Ordinance No. 652. Seconded by Councilmember Cohen, the ordinance passed unanimously. Discussion followed relative to the posting of signs and their design. It was determined that the ordinance would be sent to the Planning Commission for work on sign standards. KING COUNTY CONSERVATION CORPS PROJECTS City Manager Schulze stated that at the March Council Meeting the Council had requested additional information on the proposed project costs for Fairweather Nature Preserve Enhancements and Medina Creek Restoration. Landscape Architectural consultant Charles Anderson, Anderson & Ray, was present and provided Councilmembers with a preliminary feasibility study for both projects, indicating that the plans and the opinion of probable costs were very conceptual at this point. From information gathered, Mr. Anderson explained that Fairweather Nature Preserve was an extremely attractive site, having all the needed components to make it an important place for all to observe nature once improvements were made. He explained that his company had done similar projects in the Seattle area. Mr. Anderson stated that Medina Creek appeared to have the needed hydrology to support salmon, and that impediments along the stream channel in the residential areas needed to be removed and culverts made to aid the migration of salmon up stream. He described habitat improvements that would be needed to create spawning beds and protect salmon eggs from damage. Discussion followed, noting the importance of talking to neighbors who would be impacted. Also discussed was the possibility of groups of people working on the projects and the possibility of forming a foundation in order to lower costs. Mr. Anderson explained that the projects could be done in phases. It was decided that a tour would be set up for interested parties to view Seattle sites which had been developed by Anderson & Ray. Medina City Council Minutes April 12, 1999 Page 6 City Manager Schulze suggested that the City Council authorize agreement for services and go to the next step of applying for grants. Councilmember Morgan moved to authorize up to $24,000 for Medina Creek Enhancement Project design. Seconded by Councilmember Cohen. Mayor Becker moved to amend, to obtain an agreement with Hunts Point to work with and share costs of the project. Seconded by Councilmember Demitriades, the vote was unanimous. Councilmember Cohen moved to authorize up to $19,200 for Fairweather Nature Preserve design with phased approach. Seconded by Councilmember Potts, again the vote was unanimous. COMMUNITY VISUALIZATION PROJECT City Manager Schulze reported on the meeting that he and Councilmembers Cohen, Morgan and Potts had had the last week in March with University of Washington personnel. He said that the three individuals from the university provided information regarding the proposal and how it could be modified to fit the Council's needs. After discussion, it was decided that the City Manager would invite members of the project team to tour Medina, with the hope of obtaining a revised proposal for Medina. CITY COUNCIL STUDY SESSION City Manager Schulze explained that a City Council Study Session had been considered for some time, as an opportunity for introduction and study of issues before the Council. He said that these sessions could also facilitate discussion between Council and staff, to provide direction regarding how projects should proceed. Councilmember Cohen moved to establish Council Study Sessions. Seconded by Potts approval was unanimous. There was then discussion relative to times of meetings. Councilmember Potts suggested day meetings, and the first was scheduled for Friday, April 30, 1999, at 8:00 AM. MEDINA PARK PONDS AND STREAM Carl Burris, Public Works Superintendent reviewed memos which he had written in the Council's packet. These related to the 1999 budget and Capital Improvement Plan, providing for improvements to Medina Park ponds and stream. He indicated that staff will continue to work with Washington State Department of Fish and Wildlife personnel to complete this project. Public Works Superintendent Burris explained that the city was awaiting a traffic study regarding 24th & 84th. Relative to NE 24th Street Improvements, Burris explained that a second public meeting is scheduled for Monday, May 3rd, with the purpose of that meeting to show concept plans and take more questions from residents. He stated that the intention would be to Medina City Council Minutes April 12, 1999 Page 7 finalize the plans for presentation to the City Council for the May 10th City Council Meeting. Burris said that it was anticipated that the Overlake Drive Pedestrian Path information would be assembled for the City Council's June Meeting. DISCUSSION BOARD/COMMISSION APPOINTMENTS Mayor Becker appointed Robert Brog to the Planning Commission vacancy. Ordinance No. 654 - AN ORDINANCE SETTING FORTH THE REQUIREMENT FOR STORAGE OF RECREATIONAL VEHICLES City Manager Schulze explained that Ordinance No. 654 sets forth the requirements for storage of recreational vehicles. He said that the ordinance had been developed by City Attorney Kirk Wines after receiving input from members of the City Council at their February 8, 1999 meeting. He further stated that the intent of the ordinance was to prohibit the storage of recreational vehicles in a manner that adversely impacts neighbors. He said that since Ordinance No. 654 is a land use/zoning issue, it is necessary for the Planning Commission to hold a public hearing before the ordinance can be adopted. It was decided to move this ordinance to the Planning Commission for a public hearing at their April 27, 1999 meeting. Ordinance No. 655 - AN ORDINANCE AMENDING MEDINA MUNICIPAL CODE SECTION 10.40.070 TO INCREASE THE FINE FOR PARKING VIOLATIONS AND AMENDING MEDINA MUNICIPAL CODE SECTION 10.72.030 RELATING TO PARKING OF CONSTRUCTION VEHICLES City Manager Schulze related that the Police Department had attempted to address concerns expressed by the City Council and residents, regarding construction vehicle parking. He explained that the City Code is difficult for Police Officers to enforce as they are unable to determine the exact location of the public right-of-way for each street. He said that this is because the right-of-way is not consistent throughout the community. After discussion, it was determined that this ordinance would move to Medina's City Council Study Session, scheduled for April 30, 1999. POINTS COMMUNITIES TRAFFIC STUDY City Manager Schulze stated that the outcome of the Points Communities Traffic Committee Meeting was for members to return to their respective Councils with information. It was decided that this item would move to the City Council's Study Session on April 30, 1999. Medina City Council Minutes April 12, 1999 Page 8 EXECUTIVE SESSION At 10:25 PM, under authority of RCW 42.30.110 Mayor Becker announced that the Council would hold an Executive Session to discuss pending litigation. ADJOURNMENT On a motion by Councilmember Demitriades and a second by Councilmember Potts, the executive session was concluded at 10:40 PM and the Council meeting adjourned at 10:41 p.m. D niel F. ecker, Mayor Attest:r Kristen Finnigan, CoClerk