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HomeMy WebLinkAbout12-11-2000 - MinutesMEDINA CITY COUNCIL PUBLIC HEARING AND REGULAR MEETING MINUTES December 11, 2000 Medina City Hall 7:00 PM 501 Evergreen Point Rd. CALL TO ORDER Mayor Becker called the public hearing and regular meeting of the Medina City Council to order at 7:00 p.m. The meeting was recorded on audiotape. ROLL CALL Present: Council Members Paul Demitriades, Jim Lawrence, Mary Odermat, Steve Preston and Mayor Dan Becker Staff Present: City Attorney Kirk Wines, Police Chief Michael Knapp, Planning Director Jenny Schultz, Public Works Superintendent Carl Burris, and Interim City Clerk Caroll Wedlund Absent: Council Members Suzanne Cohen and Thomas Morgan City Manager Doug Schulze PRESENTATION OF AWARDS Mayor Becker thanked Joseph Brazen for his tireless efforts in making Medina Days 2000 a continuing success, and presented him with a plaque of appreciation on behalf of the City. Citizens who had assisted with the Medina Days 2000 effort were also given certificates of appreciation. Mayor Becker also presented Board of Adjustment members with plaques of appreciation for their service. Dr. Bob Rudolph was awarded a plaque certificate of appreciation for his efforts in improving the quality of life for Medina residents. Nancy Price read aloud a letter from Allison Jackson to Dr. Rudolph, thanking him for his efforts to protect the quality of life for residents by attempting to reduce the over flights through the Medina neighborhood. Mayor Becker stated City had hired a consultant to work with the Federal Aviation Administration to identify ways of utilizing the Duwamish flight path. DISCUSSION REGARDING HEARING EXAMINER PROCESS Mayor Becker introduced Jim Driscoll, a consultant with a law firm specializing in hearing examiner services. Mr. Driscoll explained the hearing examiner process in other communities and jurisdictions, and noted that he would be working with the Medina staff regarding the hearing examiner process in Medina. Mayor Becker clarified that the reason Medina was moving to a hearing examiner process was that it had been quite a challenge for staff to keep up with homeowners who utilized legal teams and consultants. Mr. Driscoll gave a history of the judicial process that led to the utilization of hearing examiners. He noted the courts had determined that cities and counties could be held liable and that as a result, many decided to opt for the hearing examiner system. Mr. Driscoll emphasized that in accordance with state law, a certain period of time must pass after the hearing for deliberation before a decision may be rendered. He continued that within ten working days the hearing examiner drafted written findings of fact, based upon the recommendations and conclusions of law, and made a decision in written form. Once the hearing examiner made a decision, that person had no further dealings with the case. Mr. Driscoll pointed out the benefits and disadvantages of a hearing examiner process. He continued that Medina was one of the last communities in the Puget Sound area to utilize a hearing examiner system. Mayor Becker clarified that all appeals would be handled through Superior Court. Mr. Driscoll added that City Council Meeting December 11, 2000 Page 2 an appeal to Superior Court was a closed record hearing, for which the appellant could not introduce new evidence. Council Member Demitriades asked if the hearings would be held at City Hall. Mr. Driscoll responded that they probably would be. Council Member Demitriades queried how many challenges Mr. Driscoll had experienced. Mr. Driscoll replied that during his 23 years as a hearing examiner, he had experienced maybe two to three dozen appeals, and that the number of overturned decisions had been very few. Council Member Odermat queried whether the staff report was made available to the applicant before a hearing. Mr. Driscoll replied that it was made available to both the applicant and to the public. Planning Commission Vice Chair Nelson inquired whether citizens would have an opportunity to speak for each case, as was presently the case. Mr. Driscoll responded affirmatively. Planning Commission Vice Chair Nelson also asked about continuances. Mr. Driscoll replied if it became apparent that more evidence was needed, he would continue the hearing for that purpose. Mr. Driscoll added that he visited the site for each case. Planning Commission Vice Chair Nelson asked if the Planning Commission would still have an opportunity to make a recommendation if the hearing examiner process were implemented. Mayor Becker interjected that after Ordinance No. 701 creating the position of a hearing examiner was passed, the Council would develop an administrative procedure. Mr. Driscoll added that in other jurisdictions, the hearing examiner met with the Planning Commission on a semi-annual basis to make recommendations and suggestions for change. He noted that in those communities the Planning Commission assumed the role of advisors to the Council. Planning Commission Vice Chair Nelson indicated that the Board of Adjustment had discretion, and inquired whether or not the application would automatically be denied if it did not meet the letter of the law. Mr. Driscoll replied that he exercised independent judgment with every case, and that the facts presented were part of the decision making process. He added that just the public being against a particular case did not constitute grounds for denial in this state. Mr. Driscoll emphasized that the burden was upon the individual requesting the hearing, and that the entire purpose was to determine if the applicant could support his or her case. Mayor Becker indicated that the Council would be re-examining some of Medina's zoning code ordinances. Council Member Demitriades requested Mr. Driscoll's advice regarding the Endangered Species Act 4(d) Rule. Mr. Driscoll replied that the key involvement was with reasonable use exception. He suggested that the applicable criteria be contained within the ordinances, which should be as specific as possible. The Council was asked how the hearing examiner position would be funded. Mayor Becker replied that the petitioner would fund the hearing examiner's services. He added that the 2001 fees would be increased, and that the City would not be absorbing the cost for this service. Planning Commission Chair Mark Lostrom inquired about a decision making process that included historical content. Mayor Becker responded that those who had formerly been on the Board of Adjustment would be requested to assist when that situation arose. He added that there should also be some interaction with the Planning Commission and the Council, and that the Hearing Examiner would not be working in a vacuum. An unidentified man from the audience inquired whether the Hearing Examiner planned to continue the burden of proof upon the applicant. Mr. Driscoll replied that was the law in the state of Washington, and that he would use the City's planning staff as a neutral party for information before him, as they were the ones who had dealt with each case. He continued that by state law, the staff recommendation was given credibility, and that they constituted a very important component in the process. Mr. Driscoll added that the burden was still upon the applicant to show that his or her application was worthy of being approved. City Council Meeting December 11, 2000 Page 3 Henry Paulman 1415 — 801h Avenue NE Mr. Paulman inquired whether there were any other bodies for appeal other than Superior Court or the Planning Commission. Mr. Driscoll responded that there were some jurisdictions that still had an appeal process through the City Council, and that it was up to that body to set the appeal time period. City Attorney Wines stated that the appeal time frame was 21 days. OTHER BUSINES ORDINANCE NO. 698 RELATING TO THE PROTECTION AND PRESERVATION OF LANDMARKS IN THE CITY OF MEDINA Mayor Becker announced that the Council did not plan to act on Ordinance No. 698 at tonight's meeting, and that it would be continued until January 8, 2001. Charles Pember, 7617 NE 8th, Medina Mr. Pember asked if the Medina store was demolished, whether the Comprehensive Plan stated that the land would revert to single-family residential usage. Mayor Becker replied that the structure had reverted to its former use 30 days after discontinuation as a grocery store. He noted that the grocery store was zoned for single-family residential use. Planning Director Schultz added that the applicant could apply for commercial use of that site. Mayor Becker explained that if the applicant wanted to open another convenience store, that person would have to apply for a special use permit, and it would be appropriate to grant usage as a commercial store. He noted that the building did not presently meet code requirements, and would require some upgrade. Mayor Becker pointed out that the application would be open to public comment and challenge if it were a usage the citizens did not want. City Attorney Wines declared that Ordinance No. 698 merely discussed preserving the building, and did not delve into other areas. -- T. J. McGill, 617 Evergreen Point Road, Medina Mr. McGill inquired whether the present Medina grocery owner could appeal the designation as a landmark. City Planning Director Schultz responded that the property owner could appeal that status. Mike Moran, 7600 NE 16th, Medina Mr. Moran relayed that designating City Hall as a historical site would ensure that it would be maintained. He declared that if the Medina grocery was given the same designation, something like Tully's would be appropriate, so that it would not remain an old building that no one could afford to upgrade to current code standards. Mr. Moran suggested that the grocery store become a semi -commercial corner, and recommended that some tax breaks might be appropriate for this valuable asset to the community. Mark Nelson, 1233 Evergreen Point Road Mr. Nelson spoke in favor of Ordinance No. 698, and inquired about its limitations. Mayor Becker responded that the Ordinance would establish a Landmark Preservation Board comprised of seven people for the first six months. After that, the Board would be turned over to other people. Mayor Becker continued that once the properties attained historical register status, the Board must approve any changes. City Attorney Wines added that any change to historical register property must be architecturally and historically compatible. City Attorney Wines noted that before any demolition of the Medina Grocery could take place, the property owner must first discuss with the Board all of the alternatives and show that none were feasible. Kathy Connors, 7623 Overlake Drive Ms. Connors asked about the historical list projected time frame. Mayor Becker replied that the site had nothing to do with ownership, which remained with the building. City Attorney Wines added that the initial two properties would be placed on the list with passage of the ordinance. City Council Meeting December 11, 2000 Page 4 Ron Sudderth Urban Commercial Properties P.O. Box 1935, Seattle 98111 Mr. Sudderth announced that he had contacted the Medina Grocery owner on behalf of an anonymous Medina resident who was interested in purchasing the property for community benefit. He acknowledged that the building was in need of a structural analysis, and that the Medina resident was ready and able to preserve the building. Mr. Sudderth commented that Mrs. Lee had not responded to his inquiry. Craig Shank 7863 NE 101h Street, Medina Mr. Shank was concerned about the effectiveness of Ordinance No. 698, in contemplation of the Trans - Lake project. City Attorney Wines replied that he did not know how significant it would be, but that it would go through an environmental analysis process. He added that Ordinance No. 698 was worth doing. Mayor Becker commented that he was unaware of any other identified historical buildings in the Bellevue area. Planning Director Schultz commented that Medina Grocery owner Mrs. Lee had recently shown an interest in working with the City and had expressed a solution that worked for her and for the City as well. She added that Mrs. Lee planned to discuss with the Council some of the issues involved with that property sometime in the future. Mayor Becker commented that Mrs. Lee had within the last month picked up a demolition permit for the store. Karen Klett, 4439 — 154th Place SE, Bellevue 98006 As Administrative Director of the Bellevue Historical Society, Ms. Klett spoke in favor of Ordinance No. 698, and encouraged the Council to adopt it. She thanked the Council for their vision and for the opportunity to participate in this historical action. Mayor Becker announced that the Council would continue this public hearing on the protection and preservation of landmarks in the City of Medina until the January 8, 2001 Council meeting. City Attorney Wines explained that the ordinance would not take away Mrs. Lee's property rights without just compensation. He added that the ordinance required her to meet with the Landmark Preservation Board and discuss all of the alternatives. He noted that the City could not prevent the grocery property owner from making a reasonable use of that property. Connie Gerlitz, 2415 — 78'h Avenue NE, Medina Ms. Gerlitz inquired if Mrs. Lee could demonstrate that bulldozing and selling the store would reap her more money than the present use, whether the City would have to compensate her. City Attorney Wines responded that if the property owner could demonstrate certain things to the City, it was conceivable that the City might have to allow such use. Mariorie Danz, 2420 — 77'h Avenue NE, Medina Ms. Danz asked if the City had considered becoming a landlord. Mayor Becker replied that City officials had thought about using the upstairs as extra office space, and that it was one of the things in the equation that they would consider. An unidentified woman from the audience inquired whether the property had been evaluated. Mayor Becker responded that he thought an evaluation had been conducted approximately a year ago. Council Member Odermat stated that the Medina Grocery was private property, for which the owner had not demonstrated her plans. She emphasized that the City should react as they would like to be treated. An unidentified woman asked whether the City would purchase the grocery store if it were offered for sale. Council Member Odermat replied that there had already been some sizeable offers above its fair market value. Mayor Becker added that if the citizens wanted this to be done, the Council would consider it. Council Member Lawrence commented that the building was in a state of disrepair. Council Member City Council Meeting December 11, 2000 Page 5 Odermat asked if the structure could be moved to another location. Mayor Becker explained that the building had some major structural problems. City Attorney Wines commented that the building would have some tax break advantages once it became a historic landmark. He continued that it would also be eligible for income tax relief for the money used to restore the building. A letter from resident John Frost was read aloud, which indicated that the garage and storage building had been condemned when the Lees purchased the property. The letter continued that the foundation had also been condemned, and that building a replica was not the answer. Mr. Frost's letter emphasized that such action would create great resentment. Another letter from resident Thornton Thomas was read aloud, which recommended that the City purchase the Medina Grocery property and a bond issue presented to the citizens for voter approval. It also stated that the advantage of municipal ownership was that the City would be directly in charge of the future of the Medina Grocery property. The letter continued that the City's acquisition of the property would be a solution to the potential non -conforming commercial usage. Council Member Odermat invited the public to read proposed Ordinance No. 698. She added that the Council would probably be taking action on both the demolition moratorium in effect for this property, as well as Ordinance No. 698 at the January 8, 2001 meeting. ANNOUNCEMENTS IDENTITY THEFT Mayor Becker commended Chief Knapp, Lt Skinner, Officers Coblantz, Muller and Yourkoski for their efforts in working with other local law enforcement agencies to solve identity theft crimes. He pointed out that the Medina Police Department executed search warrants as a result of identity theft of some Medina residents. Mayor Becker emphasized that the officers had worked a substantial amount of time to solve this case. MEDINA GIVING TREE Mayor Becker announced that the annual giving tree was once again available at City Hall for Medina residents to show their spirit of sharing with less fortunate children. NATIONAL LEAGUE OF CITIES CONFERENCE Mayor Becker briefed the Council regarding his attendance at the National League of Cities Conference in Boston, from which he had just returned. He noted that breakout session discussions included the use of visualization software to develop zoning concepts, the inclusion of actual sketches and diagrams in the zoning code, additional requirements for landscaping as a substitution for side yard setbacks, returning right-of-ways to citizens, and incognito site antennas. Mayor Becker relayed that participants had toured the "Big Dig", which was 62 percent complete. He announced that the Discovery Channel would air the "Big Dig" on December 19, 2000. Mayor Becker continued that attending members had also had opportunity to meet with their Senate and delegate representatives. POLITICAL DEADLINES Council Member Demitriades briefed the Council regarding upcoming Washington State and National political deadlines. CONSENT AGENDA Council Member Demitriades moved, seconded by Council Member Preston, to approve the consent agenda, with the exception of the personnel warrants. The motion was passed by unanimous consensus. City Council Meeting December 11, 2000 Page 6 STAFF REPORTS MERCER ISLAND MARINE PATROL ANNUAL REPORT Officer Mark Marcroft, of the City of Mercer Island Marine Patrol, presented his annual report to the Council. He explained that the biggest issue during the past year had been floatplane wakes and speeds within 100 yards of shore, and that the offending citizens had been contacted regarding this problem. Officer Marcroft also mentioned that a response from the Yarrow Point Council was pending regarding marine patrol services. He also commented that a couple of buoys were due to be replaced, and that he would work with Chief Knapp regarding this. Mayor Becker asked about the passage south of City Hall. Officer Marcroft responded that those buoys belonged to Beaux Arts, and were enforced by King County. He indicated that the "no wake" sign in that area had created some confusion regarding what area was a wake zone and what was not. He added that Beaux Arts had effectively made all their Lake Washington waterfront a no wake zone. PUBLIC SAFETY REPORT Police Chief Knapp updated the Council regarding Police Department activity during the past month. He cautioned that all residents should have alarms and that it was important to use them. He relayed that an officer had stopped a vehicle containing three people with criminal records who had burglary tools in their vehicle, which averted a burglary in Medina. Chief Knapp also reported that two search warrants had been executed in conjunction with identity thefts stolen from a medical center. He relayed that a Medina Police officer had been able to track the victims back to one common source. Most of the victims did not know that they were victims, or that their credit `— was being decimated. Chief Knapp reminded those present to check their credit reports via the phone numbers in the Medina Newsletter. He stressed that by doing so one could determine whether their identity had been taken. Chief Knapp related that an officer had stopped a stolen vehicle containing three felons. He continued that the officer had no idea he had stopped a stolen vehicle. Chief Knapp stated that with the new computer system soon to be installed in Medina Police Department vehicles, the officer would know instantly that it was a stolen car. Council Member Preston asked about false alarm responses. Chief Knapp replied that the Department had not yet implemented the false alarm ordinance, due to the Records Manager position having been vacant since July. However, a replacement would be joining the Medina Police Department on January 2, 2001. Chief Knapp noted that the shift from home burglaries to home invasions had been phenomenal. He emphasized that the best defense was an alarm system. Dr. Bob Rudolph, from the audience, asked about response time. Chief Knapp replied that it was probably the finest in the nation. He noted that the response time by the officer to Council Member Cohen's house had been two minutes. Chief Knapp explained the false alarm process, and indicated that a panic alarm resulted in immediate officer response. OTHER BUSINESS ORDINANCE NO. 701 TO REPLACE THE BOARD OF ADJUSTMENT WITH A HEARING EXAMINER Planning Director Schultz announced that there would potentially be two hearing examiner meetings per month. She noted that the hearing examiner had a standard procedure in which the City planner was trained, adding that the ordinance contained a clause stating that the hearing examiner would provide a procedure for holding hearings. Mayor Becker inquired whether the Planning Commission and the Council could review that procedure and provide input. City Planning Director Schultz responded affirmatively. City Council Meeting December 11, 2000 Page 7 Mayor Becker stated, and the Council concurred, that any procedures adopted should go through the Planning Commission and the Council. Council Member Odermat moved, seconded by Council Member Demitriades, to adopt Ordinance No. 701 to replace the Board of Adjustment with a Hearing Examiner. City Attorney Wines referred to the Conflict of Interest memo dated December 11, 2000. Mayor Becker read it aloud, for the record. Mayor Becker stated he had also sent via e-mail to Council members other changes that should be included, such as "The City Council shall participate in the selection of hiring of the hearing examiner." Council Member Lawrence inquired whether having an attorney as a hearing examiner would lead to fewer appeals. City Attorney Wines responded that the need was for someone who was very thorough. He noted that both Mr. Jim Driscoll and Mr. Bob Burke had a reputation for thoroughness. He continued that the City would like to start out with the Driscoll law firm; however, they were not limited to attorneys as hearing examiners. Mayor Becker was more concerned about thoroughness than cost. City Planning Director Schultz interjected that the proposal was to hire a hearing examiner and a pro tem. Mayor Becker commented that another option would be to choose the pro tem as well. City Attorney Wines stated that the Council could be involved in the hiring process, or they could make it subject to confirmation. Mayor Becker stated that the hearing examiner or the pro tem should be appointed solely for their qualifications. Mayor Becker summarized his suggested changes for Ordinance No. 701. Council Member Lawrence moved that these changes be incorporated into Ordinance No. 701, seconded by Council Member Odermat. City Attorney Wines stated that Ordinance 701 could be passed with these changes. City Attorney Wines was asked about the appeal process for a hearing through a hearing examiner. City Attorney Wines explained that the appellant would have to purchase the hearing transcripts, and that the petition for appeal to Superior Court was not a simple process. Planning Commission Vice Chair Nelson commented that the way the process was presently set up with the Board of Adjustment, there was room for conciliation between the applicant's request and the Board's decision. He wondered if the hearing examiner process included such negotiation and compromise. Mayor Becker commented that Medina's ordinances could provide this by design, which would lessen the burden on the hearing examiner and possibly reduce the appeal process. Henry Paulman, 1415 — 80th Avenue NE, Medina Mr. Paulman reinforced Planning Commission Vice Chair Nelson's comments, adding that a "yellow posting was not sufficient notice". He suggested a second meeting be added to enable a petitioner to make another presentation. Mayor Becker responded that citizens within the community received notification though the mail. Council Member Odermat added that such notification was also in the monthly Medina Newsletter. Mayor Becker suggested that if neighbors were concerned and believed a continuance should be granted, perhaps the City could expand the administrative procedure to allow continuances. Planning Commissioner Miles Adam cautioned that an applicant might have an issue if someone wanted the hearing continued due to inability to attend. Mr. Paulman objected that the yellow posting did not necessarily tell citizens what they needed to know. He added that contiguous neighbors were sometimes not aware of a variance request. Mr. Paulman emphasized that citizens enjoyed the opportunity to face city officials, and that one of the Council's major functions was to listen to them. City Attorney Wines stated that a continuance could be available to all parties. However, there should be a reasonable showing as to the reason why. Mayor Becker stated that there were a number of issues that needed to be worked out administratively. He added that the Council needed to provide some flexibility in Medina's ordinances. City Council Meeting December 11, 2000 Page 8 Mr. Paulman suggested that the appeal process go through the Planning Commission. Mayor Becker responded that it was a personal liability issue, due to a state Supreme Court ruling. City Attorney Wines suggested holding the hearing within ten days of a Council meeting. In that way, they could become involved before the appeal was filed. Council Member Lawrence moved, seconded by Council Member Preston, to approve Ordinance No. 701 as amended. The motion passed by unanimous consensus. ORDINANCE NO. 700 TO ADOPT A BUDGET FOR THE CITY OF MEDINA WASHINGTON FOR THE YEAR 2001 AND SETTING FORTH IN SUMMARY FORM THE TOTALS OF ESTIMATED REVENUES AND EXPENDITURES FOR EACH SEPARATE FUND AND THE AGGREGATE TOTALS FOR ALL SUCH FUNDS COMBINED Due to the illness and absence of the City Manager, the Council decided to delay any discussion or action on Ordinance No. 700 until the continuation meeting of December 18, 2000 at 5:00 p.m. ORDINANCE NO. 702, AMENDING ORDINANCE NO. 680, 2000 BUDGET FOR THE CITY OF MEDINA, WASHINGTON The Council decided to open the public hearing regarding the 2001 budget and to continue any discussion or action on Ordinance No. 702 until the continuation meeting of December 18, 2000. ORDINANCE NO. 703, CERTIFYING TO THE GOVERNING AUTHORITY OF KING COUNTY THE ESTIMATES OF THE AMOUNT TO BE RAISED BY TAXATION FOR THE YEAR 2000 ON THE ESTIMATED ASSESSED VALUATION OF THE PROPERTY IN THE CITY AS REQUIRED BY RCW 84.52.020 Council Member Preston moved, seconded by Council Member Demitriades, to approve Ordinance No. 703. Following discussion, the Council decided to delay any action until the continuation meeting of December 18. DISCUSSION COUNCIL GOALS FOR 2001 Mayor Becker referred to the Medina City Council Goals for 2001, indicating that they would be prioritized and/or changed in January of 2001. Mayor Becker continued that the Council was making too much work for itself and for the staff. He requested that Council Members contact the City Manager with suggested additions, for Council discussion in January. ANNUAL PERFORMANCE EVALUATION FOR CITY MANAGER Council Member Demitriades asked about the annual performance evaluation for the City Manager. Mayor Becker replied that the Personnel Committee, consisting of Council Members Demitriades, Lawrence and Odermat, would initiate the process. ADJOURNMENT Council Member Demitriades moved to adjourn the Regular City Council meeting, seconded by Council Member Odermat. All were in favor, and the meeting was adjourned at 9:54 p.m. 1 an' F. Becker, Mayor Attest: f Caroll P. Wedlund, Interim City Clerk