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HomeMy WebLinkAbout07-12-1999 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES July 12, 1999 Medina City Hall 7:00 PM 501 Evergreen Point Rd. At 6:20 PM and under authority of RCW 42.30.140 4 (b), and RCW 422.30.110(I) an Executive Session was held, for discussion of personnel issues and pending litigation. The Executive Session adjourned at 7:02 PM. CALL TO ORDER The regular meeting of the Medina City Council was called to order at 7:03 PM by Mayor Becker. The meeting was recorded on audio tape. ROLL CALL Present: Councilmembers Suzanne Cohen, Paul Demitriades, Thomas Morgan, Steve Preston and Mayor Daniel Becker. Absent: Councilmembers Susan Potts and Grahame Ross Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, and City Clerk Kristen Finnigan. ANNOUNCEMENTS Mayor Becker announced that Councilmember Ross had submitted his resignation, effective July 22, 1999, due to the fact that he was moving to Yarrow Point. He explained that there would be an appointment made for the remainder of Councilmember Ross' term, at the August Council Meeting. Mayor Becker stated that Park Board Member Jack Sikma had resigned from the Park Board, due to his move from Medina. Danya Hill was appointed for the remainder of his term which expires June 30, 2001. An announcement was made by Mayor Becker that the King County Department of Transportation was recruiting members for a new Transit Advisory Committee. He stated that if anyone was interested, they would need to provide a letter to King County Transit by August 6th. Medina City Council Minutes July 12, 1999 Page 2 Mayor Becker reported that the final meeting for the Trans -Lake Study Committee was scheduled for Friday, July 16th. Mayor Becker said that there was a revised draft recommendation out and that he would be meeting with WSDOT and others regarding the Third Lake Crossing later in the week. Mayor Becker stated that the Council would return to Executive Session after the Regular City Council Meeting. There were no staff or Council announcements. The consensus was to not hold a Workshop on July 30th but hold the Regular City Council Meeting as scheduled, on August 9, 1999. CONSENT AGENDA Councilmember Morgan moved to approve the consent agenda. Seconded by Councilmember Demitriades, approval was unanimous. A. Minutes from Regular Meeting of June 14, 1999 B. Minutes from Study Session of June 25, 1999 C. Approval of June, 1999 Warrants Regular Warrants - # 12513- 12612 Personnel Warrants - # 16673 - 16732 STAFF REPORTS PUBLIC WORKS $155,564.29 $93,797.79 Mayor Becker explained that at the City Council Study Session on June 25, 1999, it was decided that the NE 24th and the Overlake Drive Projects were going to continue in design this year and go into construction in the year 2000. City Manager Schulze stated that a Public Works Committee Meeting would be held in the near future. PUBLIC SAFETY REPORT Police Chief Knapp reported eighteen cases of malicious mischief during the past month. He also reported on continued mail theft in many Eastside areas. He said that Medina City Council Minutes July 12, 1999 Page 3 he would be meeting with the Postal Department to set up surveillance - that proactive measures were being taken. AUDIENCE PARTICIPATION Bob Rudolph, 1455 Evergreen Point Road explained that one of the considerations being examined in the Part 150 Process is the scattering of planes on the east turn. He provided the Council with noise contours as well as recent news articles. He stated that the Part 150 Process is federally mandated and that part of that process is that flight tracks be looked at to see if they can be improved upon to lessen the impact on heavily noise -impacted communities. He stated that the Part 150 Process is required for funding for the airport. Arthur Dietrich, 707 Overlake Drive E. was present and spoke to the question of the possibility of not holding a regular City Council Meeting in August. He stated that it was his understanding that a Council Meeting could not be canceled, due to the necessity of processing of warrants each month. Mayor Becker explained that the Council now holds two meetings each month - one a Study Session on the last Friday morning of the month, at which time the warrants could be processed. PUBLIC HEARING COMPREHENSIVE PLAN Mayor Becker opened the Public Hearing during which time public comments were invited. No members from the public commented on the changes to the Comprehensive Plan. On a motion by Councilmember Cohen and seconded by Councilmember Demitriades, the Public Hearing was closed. ORDINANCES AND RESOLUTIONS Ordinance No. 653 - AN ORDINANCE AMENDING PORTIONS OF CHAPTER 8.12 OF THE MEDINA MUNICIPAL CODE, DEALING WITH FALSE ALARMS, TO REDUCE THE CIVIL PENALTIES, ELIMINATE THE REQUIREMENT FOR WRITTEN REPORTS AND CORRECTIVE ACTION AND ALLOW THE CITY MANAGER TO DELEGATE APPEAL AUTHORITY. Councilmember Preston moved to approve Ordinance No. 653. Seconded by Councilmember Demitriades. Councilmember Morgan expressed concerns regarding the Ordinance. He stated that the Ordinance focused on false alarms and his feeling was that it should focus on protection. It was decided that Councilmember Morgan and Councilmember Cohen would work together in drafting an Ordinance of a more user- friendly nature. Medina City Council Minutes July 12, 1999 Page 4 Ordinance No. 657 - AN ORDINANCE AMENDING MEDINA MUNICIPAL CODE SECTIONS 17.56.010 17.56.040 AND 17.56.070 AND ADDING A NEW SECTION 17.56.055 RELATING TO SPECIAL USE FACILITIES WITHIN SPECIAL PLANNING AREAS INCREASING NOTICE REQUIREMENTS RELATING TO FACILITIES WITHIN SPECIAL PLANNING AREAS, SETTING FORTH CONDITIONS APPLICABLE TO FACILITIES PROPOSED FOR SPECIAL PLANNING AREAS AND MODIFYING APPEAL PROVISIONS TO BE CONSISTENT WITH MEDINA MUNICIPAL CODE SECTION 14.04.110. A motion to adopt Ordinance No., 657 was made by Councilmember Morgan and seconded by Councilmember Demitriades, Councilmember Cohen commented that she thought that the Council should consider taking out an 18" satellite dish from the special use permit requirements. Discussion followed.. Councilmember Cohen proposed that Ordinance No. 657 be modified in that wherever "satellite receiving systems" is found in the ordinance, a parenthesis be added to read, "except television signal reception dishes 20 inches or less in diameter". All were in favor as amended. Ordinance No. 658 - AN ORDINANCE AMENDING THE CITY OF MEDINA'S STATE ENVIRONMENTAL POLICY ACT ("SEPA") PROCEDURES AND POLICIES DESIGNATING THESE AMENDMENTS AS GUIDELINES FOR EXERCISING THE CITY'S AUTHORITY UNDER SEPA, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Preston moved to adopt Ordinance No. 658. Seconded by Councilmember Demitriades. Councilmember Morgan proposed an amendment to Ordinance No. 658, to add a paragraph to Section 2, to read: Air quality standards as established by state and federal law including, but not limited to, the Federal Clean Air Act, 42 USCS 7401 et seq, the Washington Clean Air Act, RCW 70.94.010 et seq, and all standards and regulations developed thereunder. All were in favor of the amendment and the Ordinance passed unanimously. Ordinance No. 659 - AN ORDINANCE AMENDING MEDINA MUNICIPAL CODE SECTION 14.04.110 TO PROVIDE FOR APPEALS FROM DECISIONS OF THE PLANNING COMMISSION TO SUPERIOR COURT AND ELIMINATE CLOSED RECORD APPEALS BEFORE THE CITY COUNCIL. Councilmember Demitriades moved to adopt Ordinance No. 659. Seconded by Councilmember Cohen. Mayor Becker explained that what the Ordinance was set up to do was to take the appeals to the Planning Commission to Superior Court. Following discussion, all were in favor and the Ordinance passed unanimously. Ordinance No. 660 - AN ORDINANCE AMENDING THE MEDINA COMPREHENSIVE PLAN AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Cohen moved to adopt Ordinance No. 660. Seconded by Councilmember Demitriades, discussion followed. Councilmember Demitriades Medina City Council Minutes July 12, 1999 Page 5 suggested that the Ordinance be amended to include the designated stream number for Medina Creek. All were in favor of the Ordinance as amended. Ordinance No. 662 - AN ORDINANCE AMENDING THE GOALS AND POLICIES OF THE CITY OF MEDINA SHORELINE MANAGEMENT MASTER PROGRAM RELATING TO CIRCULATION AND PUBLIC ACCESS AND ESTABLISHING AN EFFECTIVE DATE. There was discussion regarding the Department of Ecology's Shoreline Management Act, after which Councilmember Morgan moved to adopt Ordinance No. 662. Seconded by Councilmember Demitriades, all were in favor. 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. Mayor Becker stated that Ordinance No. 665 would be postponed until the August City Council Meeting, to allow time for the parties involved with construction projects using cranes to be notified and told that this was being considered retroactively. After discussion, it was decided that the City Attorney would revise the draft Ordinance and forward to the City Council for comments and suggested changes, and then to the people affected. Ordinance No. 668 - AN ORDINANCE READOPTING THE MERCER ISLAND HARBOR CODE. City Manager Schulze explained that the proposed ordinance makes changes to the existing code, enabling enable the Marine Patrol to be more effective in the enforcement of violations in the jurisdictional waters of the city. He said that a number of sections of the existing code had been deleted as written but added as provisions of the Revised Code of Washington that are adopted by reference. He further stated that this was being done to increase the uniformity of laws being enforced on Lake Washington. Discussion followed. Councilmember Cohen moved to adopt Ordinance No. 668. Seconded by Councilmember Morgan, the Ordinance passed, with one nay recorded, by Mayor Becker. Police Chief Knapp was directed to contact King County and Mercer Island regarding joint coverage of the waters. Ordinance No. 669 -AN ORDINANCE RESCINDING ORDINANCE NO. 661 AND AUTHORIZING THE TRANSFER OF $165,922.50 FROM THE GENERAL FUND TO THE BOND REDEMPTION FUND FOR THE PURPOSES OF G.O. BOND REDEMPTION. City Manager Schulze explained Ordinance No. 669, stating that it was a correction of a previous Ordinance adopted at the June City Council Meeting. Councilmember Morgan Medina City Council Minutes July 12, 1999 Page 6 moved to approve Ordinance No 669. Seconded by Councilmember Cohen, all were in favor. DISCUSSION Interlocal Agreement Relating to Federal Housing and Community Development Funds City Manager Schulze explained that the agreement gives King County authorization to act as the representative member on behalf of the Consortium for the purposes of the HOME Program. He said that the City participates in the consortium for several reasons. He stated that the City does not qualify on its own for the federal funds and this gives King County authority to include Medina for funding. He said that the City does not have sufficient staff to administer such a program. The consensus was not to sign at the present time. Gates on Private Lanes Following discussion, the City Attorney was directed to craft an ordinance prohibiting gates on private lanes, to be sent to the Planning Commission or directly to the City Council. DOE Regulations/Shoreline Management City Attorney Wines stated that the Department of Ecology has two Public Hearings scheduled in Eastern Washington and two in Western Washington, but none in the immediate area. He further explained that this has been an ongoing issue for the past three years. The City Manager was directed to draft a letter to legislators regarding DOE guidelines. NEW BUSINESS There was discussion regarding complaints of the Fireworks Ordinance over the 4th of July Holiday. It was decided that this information should be placed in the August newsletter. ADJOURNMENT The Council concluded their regular meeting at 9:26 p.m. on a motion by Councilmember Cohen and a second by Councilmember Demitriades. All were in favor. The Council then returned to Executive Session which adjourned at 10:14 p.m., following a motion by Councilmember Cohen. Seconded by Councilmember Demitriades, all were in favor. Medina City Council Minutes July 12, 1999 Page 7 Attest: Kri en Finnigan, Ci lerk `y k , Dan I F Becker, Mayor