HomeMy WebLinkAbout03-13-2000 - MinutesMEDINA CITY COUNCIL
REGULAR MEETING MINUTES
March 13, 2000 Medina City Hall
7:00 PM 501 Evergreen Point Rd.
CALL TO ORDER
Mayor Pro Tern Morgan called the regular meeting of the Medina City Council to order
at 7:00 p.m. The meeting was recorded on audiotape.
ROLL CALL
Present: Councilmembers Suzanne Cohen, Paul Demitriades, Jim Lawrence,
Mary Odermat, Steve Preston and Mayor Pro Tern Thomas Morgan
Absent: Mayor Daniel Becker
Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief
Michael Knapp, and City Clerk Kristen Finnigan.
ANNOUNCEMENTS
Mayor Pro Tern Morgan announced that Mayor Becker was in Washington, D.C., at the
National League of Cities Conference.
He also reported on the Traffic Committee Meeting, stating that Clyde Hill had agreed
to review the plans again, relative to the restriction of traffic between 4:30 pm and 7:00
pm on 841h Avenue, having previously preferred the access to be restricted at the on -
ramp to SR 520.
Discussion followed regarding the traffic light at NE 24th & 84th. Councilmember
Preston noted that timing appeared to be improved for Medina residents.
Councilmember Cohen voiced concern that the original focus of the Council, for a four-
way flashing red light had not been achieved.
Mayor Pro Tern Morgan spoke to the matter, explaining that there had recently been a
change of leadership at Clyde Hill. He went on to say that the flashing red light had
been turned down, but that Clyde Hill had offered significant change in the operation of
the light. He said that, for this reason, it was decided to give this change a chance and
set the original focus aside for the time being.
City Council Meeting
March 13, 2000
Page 2
City Manager Schulze stated that he had been consulted regarding the timing of the
light. He reported that Clyde Hill had said that they were willing to work with the new
sequence, so traffic leaving Medina would have the least delays possible.
Councilmember Demitriades announced that the due date for comments for response
to Proposed Tri-County, ESA 4(d) Rule Framework had been moved up from March
30th to March 20th
He also reported that the Jet Noise Meeting scheduled for April 4th, had been moved
from St. Thomas to Medina Elementary School. He invited all to attend.
CONSENT AGENDA
Councilmember Cohen moved to approve the consent agenda. Councilmember
Demitriades seconded the motion. Councilmember Lawrence stated that he had not
received a list of the personnel warrants within his finance committee materials. He
moved to remove the personnel warrants from the consent agenda, for approval at the
Study Session, scheduled for March 27th. Seconded by Councilmember Preston, all
were in favor and the following items were approved:
A. Minutes from Regular City Council Meeting of February 14, 2000
B. Minutes from City Council/Park Board Joint Study Session
Of February 28, 2000
C. Approval of February 2000 Warrants/Treasurer's Report
Regular Warrants - #13343— 13481, 813304, 913304
$405,429.34
STAFF REPORTS
PUBLIC SAFETY REPORT
Chief Knapp reported that enforcement of the 25 mph speed limit went into effect on
March 131h. He reported that an expensive automobile had been taken from an
unlocked garage and was recovered shortly thereafter, after having sustained damage.
He also reported that the human bones found in Medina had been investigated and
were determined to not have been from a North American, had not been buried and
were likely an artifact from the previous homeowner's travels. He said that the case
had been closed.
In response to the question from Councilmember Demitriades, Chief Knapp reported
that the Dispatch Agreement with the City of Kirkland was going well. Chief Knapp
stated that 911 would automatically go to Kirkland as of April 2nd. He stated that
Bellevue had been given a 6-month notice, which would expire April 1st, 2000. He
further explained that Kirkland would waive dispatch costs for the rest of the year.
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March 13, 2000
Page 3
PARK BOARD
City Manager Schulze reported that the Park Board did not meet in February, due to
lack of a quorum.
PUBLIC WORKS
City Manager Schulze reported that he had been working with AGI, the contractor doing
work in Medina Park, regarding items not yet successfully completed. He explained
that a number of items needed to be addressed and that the contract should be
completed by the middle of April.
Councilmember Demitriades noted that, according to reports, subcontractors had been
blamed by AGI for having created problems with the job. He suggested that there
might be a lesson to be learned and questioned what the City could do about it. City
Manager Schulze said that there was a possibility that legal action may be taken.
PLANNING
City Manager Schulze stated that there would be no report from Interim City Planner,
Jenny Schultz, as she had only been in her position for two weeks and had not had an
opportunity to assemble a report.
AUDIENCE PARTICIPATION
Raymond Lee, 1259 Evergreen Point Road, brought concerns to the council regarding
development in the area. He passed around photographs of the changes that he had
experienced since the beginning of construction of a new home next to his own. He
expressed dismay over the friction within his lane due to problems related to this
home's construction, as well as a decrease in the value of his property, due to the loss
of his view.
Councilmember Cohen commented that a 25' height limit had been considered in the
past but that the idea had been shut down.
Discussion followed regarding mitigation plans and triggers for their requirement.
Councilmember Morgan said that the Council is very concerned about the deterioration
of relationships between neighbors. He noted that there is an R-16 Committee meeting
on a monthly basis, for the purpose of addressing related issues.
Henry Paulman, 1415 80th Ave. NE, encouraged neighbors to get together before a
project starts. He further stated that he believed that covenants could then be drawn
up in court.
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March 13, 2000
Page 4
Mr. Paulman thanked Mayor Pro Tern Morgan and City Manager Schulze for taking a
trip to Olympia, to exempt Medina from cellular companies siting facilities at any
location. He noted their extra effort and said that they had been successful in their
efforts.
Mayor Pro Tem Morgan noted that they were still in session in Olympia.
OTHER BUSINESS
PARK BOARD APPOINTMENT
Councilmember Odermat read into the record the Personnel Committee's
recommendation for the Park Board appointment. She said that their recommendation
was for James C. McGraw to be appointed as a regular Park Board Member and Jerry
Hartman and Paul Pinard to be appointed as alternates. Councilmember Demitriades
moved to approve the nominations. Seconded by Councilmember Cohen, all were in
favor.
NEW BUSINESS
Councilmember Demitriades opened the discussion as to whether or not the City
should respond to the Proposed Tri-County, ESA 4 (d) Framework Rule, now up for
comments.
Councilmember Demitriades reviewed a list of policy guidelines/comments for ESA 4
(d) responses, which he had assembled for the Council:
City of Medina will continue to participate in WRIA 8 planning, as members
of Lake Washington/Cedar Sammamish Watershed Steering
Committee/Forum, (This means we would sign proposed Interlocal
Agreement - $3,000 - $5,000 per year — unknown is how much salmon
habitat restoration — including land acquisition money is required?) and
commit to Early Action Program.
2. Any WRIA 8 Salmon Recovery Program must be based on best science
available — the Lake Washington Watershed assessment must be
completed and reviewed prior to specific land use regulations.
Responsibility for watershed assessment be assigned to King County (for
cities & towns).
3. The two-phase 5-year schedule (including an Early Action Program) is
optimistic and assumes June 2000 release of the final 4 (d) rule by NMFS.
(This seems unlikely based on public comments?) A schedule cannot be
committed, until local government workloads are identified and costed.
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March 13, 2000
Page 5
Phase II cannot begin until NMFS identifies Chinook salmon species de -
listing criteria, so Phase I results can be evaluated.
4. The land use regulation management zone proposal (50' — 300') is
unreasonable for developed urban areas, adjacent to Lake Washington
lakeshore or streams. The Medina Environmentally Sensitive Areas
Ordinance defines a 25' buffer zone for regulated activities adjacent to
wetlands and streams.
5. We suggest that the State/NMFS consider programmatic (sub -basin level,
e.g.) Biological Assessments/Biological Evaluations. Within the City of
Medina, e.g. we could establish several zones:
a. Lake Washington — Evergreen Pt. South to Dabney Pt.
b. Lake Washington — Dabney Pt. To Clyde Beach Park, and/or
Meydenbauer Bay.
c. Lake Washington — Fairweather Bay, including the Town of Hunts
Point.
He said that this approach would preclude individual property owners from having to
complete a BA/BE — each property owner requesting a shoreline permit (dock,
bulkhead, pier) within these zones would complete an ESA checklist for permit
purposes. He further stated that the state should consider a Lake Washington level
BA/BE in conjunction with the Lake Washington watershed assessment (see #2)
Councilmember Demitriades stated that King County had announced previously that
they would receive comments until March 30'h, but that the date had now been moved
up to the 201h of March. He further stated that the NMFS (National Marine Fisheries
Service) was receiving comments for several months more.
Councilmember Demitriades explained that if Medina participated in the Tri County
Framework, he did not know how much the City would be assessed.
In explaining the history of the issue, Councilmember Demitriades said that NMFS
published 4 (d) Rule and that Medina had commented as did others. He said that
Medina's response was that they had exceeded their authority. He said that it was
considered unique to put these requirements upon built up urban areas. He said that
the US Corps of Engineers had stopped processing applications on Lake Washington
and had a backlog of 750. Councilmember Demitriades stated that this was very
impactful on a community such as Medina.
He went on to explain that Medina is a member of WRIA. (Water Resources Inventory
Area) Lk WA Sammamish Cedar River Watershed. He said that Bellevue, Mercer
Island & Renton were not going to respond to Tri County Framework. He explained
that one option for cities & towns would be to do nothing at this time. He noted that
when the final rule is published in June, it would become law.
Mayor Pro Tern Morgan said that Councilmember Demitriades had attended a seminar
that had been prepared for the Washington Association of Realtors, where the feeling
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March 13, 2000
Page 6
was that the rule was so flawed, so vague and unconstitutional that they believed that
local governments should write to fisheries and tell them that what they are doing is
something that does not comply with their own procedures. Mayor Pro Tern Morgan
said that an environmental impact statement had not been done
City Manager Schulze explained that the deadline of March 20'n had been opened by
the King County Executive and that the comment period will be opened up again and
directed to NMFS. Councilmember Demitriades agreed that Medina would have
another opportunity to comment.
Councilmember Morgan stated that he and Mayor Becker had attended the recent
Suburban Cities meeting where there had been a review of the issue. He related that
most cities had indicated that they would attempt to learn as much as possible, but not
join the Tri County Framework.
Discussion followed regarding additional legal advice and the consensus was to wait
until later to obtain, if necessary.
City Manager Schulze reported that Roth Hill's government relations staff was going to
be attending the March 27'n Study Session to report on the issue.
The consensus was to not respond by March 201n to the King County Executive, but to
continue to go to the meetings and keep well informed.
TREE PRESERVATION
Mayor Pro Tern Morgan reported that former City Planner Christine Schwamberger had
written a letter to the Council regarding trees in the city. The consensus was to form a
committee to look at the recommendations which she had made. Councilmembers
Demitriades, Cohen and Morgan were chosen to look at this issue and bring back to
the City Council Study Session on March 27'n, for discussion if ready by then.
BUILDING DEPARTMENT
Councilmember Demitriades related to a letter of concern that the Council needed to
discuss and it was decided that that letter would be discussed in Executive Session at
the Study Session, on March 27'n
Councilmember Cohen stated that she had had a concern voiced to her by a resident,
regarding what things might be necessary for health & safety during the building permit
process and those which may not be necessarily so.
City Council Meeting
March 13, 2000
Page 7
POLICE REPORT (continued)
Police Chief Knapp spoke to clarify the car incident mentioned in his Police Report,
stating that the vehicle stolen had been abandoned in Kirkland, with two flat tires and
the engine still running.
ADJOURNMENT
Councilmember Demitriades moved to adjourn the March Regular City Council
Meeting. Seconded by Councilmember Cohen, all were in favor and the meeting was
adjourned at 8:45 p.m.
Darnel F. Becker, Mayor
Attest:
Kristen Finnigan ity Clerk