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HomeMy WebLinkAbout05-08-2000 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES May 8, 2000 Medina City Hall 7:00 PM 501 Evergreen Point Rd. CALL TO ORDER Mayor Becker called the regular meeting of the Medina City Council to order at 7:01 p.m. The meeting was recorded on audiotape. ROLL CALL Present: Councilmembers Suzanne Cohen, Paul Demitriades, Jim Lawrence, Thomas Morgan, Mary Odermat, Steve Preston and Mayor Daniel Becker Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Superintendent Carl Burris, City Engineering Consultants Greg Hill and Kevin Goss, Anderson & Ray Consultants Charles Anderson and Matt Porteus, City Landscape Consultant Keith Bates, City Planner Jenny Schultz, and City Clerk Kristen Finnigan ANNOUNCEMENTS Mayor Becker announced that the first Regional Transportation Summit, called by the King County Executive and Council had been held on May 2"d. He explained that the basic discussion involved the deteriorating infrastructure and lack of resources to handle transportation needs in the region. He stated that cities had been asked to support a .3 % increase in the sales tax, to help fund the Transit Department deficit resulting from 1-695. He explained that some of the information provided to attendees explained that there was a 30% anticipated loss. He explained that those strongly in favor of transit strongly supported the measure and those who felt that it did not do enough, opposed it. The Mayor noted that there would be more to come on the subject in the future. Mayor Becker reported that a meeting had been held with the Washington State Department of Transportation (WSDOT) for discussion of the SR-520 Project. He said that the Points Communities had been presented with a proposed project approach, in which WSDOT was looking at setting up three committees — an Executive Committee, a Steering Committee and an Advisory Committee. He explained that on the Executive City Council Meeting May 8, 2000 Page 2 Committee, the Points Communities would be given one seat. The Mayor further explained that the Points Communities had sent a letter back to WSDOT, stating that this would be unacceptable — that the Points Communities were four individual cities and towns that would be impacted and that each needed representation on the Executive Committee. Mayor Becker said that a response to the cities' letter had been received from Sid Morrison of WSDOT, in which Mr. Morrison responded that they were not able to comply with this request. In response to Mr. Morrison's letter, the Mayor stated that a letter would be sent to WSDOT, telling them that there is no entity called the Points Communities — that they are four separate cities and that each city feels that they need representation. The Mayor explained that consultations were occurring with counsel and that the first meeting of the Executive Committee would be held on May 24`h Councilmember Demitriades announced the upcoming Seattle Port Commission meeting on May 181h, from 6 — 9 pm. He said that elected public officials would be given a five-minute segment of time to speak at this meeting. He explained that he and City Attorney Kirk Wines would be representing the City of Medina and that Mayor George Martin would represent the City of Clyde Hill. CONSENT AGENDA Councilmember Morgan moved to approve the consent agenda. Seconded by Councilmember Cohen, all were in favor and the consent agenda was approved: A. Minutes from Regular City Council Meeting of April 10, 2000 B. Approval of April, 2000 Warrants/Treasurer's Report Regular Warrants - #13590— 13687, 913524, 913574 Void #13647, 13678, 13680-13681 $ 212,005.70 Personnel Warrants - #17228— 17279 $108, 356.59 STAFF REPORTS PUBLIC SAFETY REPORT Police Chief Knapp reported on the monthly police activity report for April 2000. He reminded the audience to lock doors and use alarm systems and reported that there had City Council Meeting May 8, 2000 Page 3 been a burglary of a locked, unoccupied residence whose alarm had not been set. Chief Knapp announced that Officer John Macquarrie, recently injured in a motorcycle accident on his way home from work, was recovering nicely. He said that Officer Macquarrie would be on office duty for six weeks, working on implementation of the false alarm ordinance. Councilmember Demitriades asked Chief Knapp to comment on the recently adopted 25 mph speed limit in Medina. Chief Knapp replied that the number of tickets written in April had increased. He commented that the Police Department continues to receive traffic complaints but that they are in a variety of locations. PUBLIC WORKS Public Works Superintendent Carl Burris referred to his monthly report, which indicated that the department was getting caught up on projects and that they were preparing to move into the summer season with construction projects and summer help. Councilmember Demitriades asked if any problems were anticipated with the projects outlined in the monthly report and Public Works Superintendent Burris replied that he did not anticipate any at the present time. Councilmember Morgan referred to page 27 of the agenda packet which related to play area plantings, and asked for clarification of "open for tree plantings". Public Works Superintendent Burris replied that bushes and trees had been planted in the playground area, that more were planned for the park, and that the department was awaiting further donations. Councilmember Demitriades asked how the construction portable was working out as a Public Works office. Burris replied that he had been working out in the field primarily but that it has worked out well overall. PLANNING City Planner Jenny Schulze reviewed her report, which included upcoming cases before the Planning Commission and Board of Adjustment. Discussion followed regarding three code violations under investigation. A May Board of Adjustment variance request by Reynolds, relative to their having violated the sensitive areas ordinance by disturbing more than 20% of a steep slope area was discussed, as well as the Reynolds tram, approved by the Planning Commission earlier in the year. The consensus was to invite a member of the Planning Commission to attend a Council meeting for clarification of this decision. City Council Meeting May 8, 2000 Page 4 AUDIENCE PARTICIPATION Mayor Becker opened the meeting to the audience, for non -agenda items. Henry Paulman, 1415 801h Ave NE, said that he had come to ask the Council to revisit the ordinance regarding the appeal process for decisions made by the Planning Commission. Rather than be appealed to Superior Court, he asked that they come back to the City Council. City Manager Schulze gave a background of the Planning Commission process of hearing multiple applications, stating that it was initiated as a requirement of state law, in order to process applications within a certain period of time. He stated that, at the time, the overriding factor appeared to be the substantial development permit, but that this had been discussed at a recent staff meeting and the thought was that the overriding factor should be the variance, since the substantial development permit could not move forward without the variance approval. He explained that information was being assembled to present to the Public Safety Committee, regarding amending the current ordinance to have the Board of Adjustment hear variances and all other applications and leave the Planning Commission to deal with recommendations for land use and long- range planning issues. JET NOISE v Dr. Bob Rudolph, 1455 Evergreen Point Road, reported that at the meeting on April 26`h, the Citizens Advisory Committee/Technical Advisory Committee (TAC/CAC) had voted by a large majority in favor of maximum use of the Duwamish Corridor and that the FAA should study an equitable dispersion of planes on the east turn. Dr. Rudolph also reported that the vote was that if an equitable dispersion of east turn flights was found not to be possible, then the split east turn would be initiated. He stated that it was determined that the status quo on the east turn was not acceptable. Dr. Rudolph announced that there would be a Public Hearing on May 18`h,-from 6 - 9pm. He encouraged the audience to call 206.248.4805, to reserve time to speak. He stated that elected officials would be granted five minutes to speak and citizens would be given three minutes to express their views. PUBLIC HEARING AMENDMENT TO VARIANCE FEES City Manager Schulze explained that variance fees currently covered multiple variance requests. He said that the proposed increase in fees was to charge the $300 fee for each variance requested. Mayor Becker opened the Public Hearing for comments. City Council Meeting May 8, 2000 Page 5 Henry Paulman, 1415 80'h Ave NE, explained that he was not in favor of the proposed increase in variance fees. His feeling was that it would affect those least likely to be able to afford the increase. Art Dietrich, 707 Overlake Dr E, said that he supported Mr. Paulman's point of view. He stated that the fees should be adjusted according to the impact or cost of the project. City Planner Schultz said that each request needs to be investigated and a report written up and that a $300 fee was considered to be quite low, compared to other communities. Councilmember Odermat stated that she thought that it was inequitable for someone to apply for several variances and be charged the same amount as someone who had just one request. She further stated that the large projects have been able to do research, with the average homeowner not adequately being able to address questions asked, in some cases. Mayor Becker then closed the Public Hearing. Councilmember Demitriades commented that he preferred a flat fee, at a minimal level, to be escalated up according to degree of difficulty of the variance request. Councilmember Cohen said that she preferred a flat fee and later billing for additional work. She encouraged the tracking of staff time but stated that if that were not a possibility, she would go with the agenda recommendation. Councilmember Lawrence stated that he agreed that there should be tracking of time and billing. Councilmember Preston also agreed that he would like to see tracking of staff time, and that it should be indicated on the application form that fees could be expected. Councilmember Odermat commented that she supported the staff recommendation, stating that it would be cumbersome to track time. Councilmember Morgan said that he was convinced that a base fee, with hourly additions, explained as clearly as possible to the applicant, would be the best method of deriving fees. Following discussion regarding staff time, the consensus was to direct City Manager Schulze and City Planner Schultz to consider what would be covered by a flat fee and to reasonably track time and then return with a plan for enforcement. City Council Meeting May 8, 2000 Page 6 ORDINANCES/RESOLUTIONS Ordinance No. 690 — AN ORDINANCE AMENDING ORDINANCE NO. 680, 2000 BUDGET FOR THE CITY OF MEDINA, WASHINGTON — Budget Amendment to Provide Funding for Purchase of a New Floating Dock for Medina Beach Park City Manager Schulze explained that the budget amendment was requested to allocate funding for replacement of the Medina Beach floating dock. He said that a child had been injured in 1999 when he stepped on a nail that had popped above the wood surface. He said that the Park Board had discussed and recommended a replacement structure and that the hope was to replace the dock this summer. Councilmember Demitriades questioned if a permit would be required, under the Endangered Species Act (ESA) and the Army Corps of Engineers. City Manager Schulze replied that the permit issue would be reviewed. Councilmember Morgan suggested that if required, the permit for replacement should be applied for and that if the dock cannot be replaced this year, the nails should be pulled and replaced with screws to keep in place for the summer. Discussion followed, relative to materials to be used for the project. Councilmember Cohen asked if "Trex" wood was what Waterfront Construction had -- recommended. Public Works Superintendent Burris replied that this was the case and Councilmember Morgan added that this was a good substitute for old growth cedar, no longer available. Councilmember Morgan moved approval of Ordinance No. 690. Seconded by Councilmember Demitriades, all were in favor. Mayor Becker reiterated that either way, something would be done with the dock this summer, either replacement if no permits are required, or repair in the interim, if permitting is required. Ordinance No. 691 - AN ORDINANCE AMENDING ORDINANCE NO 680 2000 BUDGET FOR THE CITY OF MEDINA, WASHINGTON — Budget Amendment to Fund Improvements to the NE 8th Street Storm Drainage System Adjacent to 8224 NE 81h Street City Manager Schulze explained that this was an issue that had come before the Public Works Committee at their last meeting. He said that a homeowner had been experiencing flooding of the lower level of his home on several occasions, during periods of heavy rainfall. This homeowner had approached the city and the city investigation had revealed that there was a restriction in the existing pipe. City Council Meeting May 8, 2000 Page 7 -- He said that Roth Hill had provided two options for the Public Works Committee's review and that the Committee had determined that crossing NE 8th Street and connecting to the existing system on the south side of the street would be the least expensive and would not interfere with extensive, mature landscaping that is on the north side. Councilmember Preston reported that the consensus of the Public Works Committee was to move forward with the work. City Engineer Greg Hill explained Roth Hill's recommendation to redirect the flow to a catch basin across the street from 8224 NE 8'h, into an existing catch basin. Councilmember Preston moved to adopt Ordinance No. 691. Seconded by Councilmember Demitriades, all were in favor. DISCUSSION OVERLAKE DRIVE WEST, PHASE II Councilmember Preston moved to award bid and authorize contract for Overlake Drive West Phase II, to Kemper Construction. City Engineer Greg Hill asked for clarification of the award for schedules A & B. He referred the Council to page 47 of the agenda packet, reflecting an amount of $374,751.50, for Schedules A and B. Councilmember Preston confirmed this amount to his motion and Councilmember Morgan seconded the motion. Councilmember Lawrence stated that he was a member of the Utilities Undergrounding Committee and he wondered if there was anything that could be done in conjunction with the work to be done under this contract, relative to the future undergrounding. Councilmember Preston explained that this idea had been considered but it had been decided that there was not the assurance that it would be advantageous to do so. Councilmember Morgan added that Puget Sound Energy had not provided them with needed information to pursue this thought. All were in favor of awarding of the bid for Schedule A and B, in the amount of $374,751.50, and authorization of the contract for Overlake Drive West Phase II, to Kemper Construction. NE 24"' STREET IMPROVEMENT BIDS City Engineer Greg Hill suggested that Schedule A and Schedule B be included in the motion, in the amount of $532,580.20. City Council Meeting May 8, 2000 Page 8 Councilmember Preston reported that the Public Works Committee had reviewed and determined that West Coast Construction Company was the best option for this work. City Engineer Hill added that they had followed up to ensure that West Coast Construction was not overcommitted with projects and they found no complaints relative to their workmanship. Hill explained that he had met with the contractor to explore two basic issues with them. The first issue was the schedule and the contractor understood the importance of the completion date. He said that the contractor had stated that if Schedule B, the City of Bellevue's work could be simplified, that would help West Coast's schedule. Hill said that they had pursued that question with the City of Bellevue and they have agreed to reduce the complexity of their project, with the intent that this would help the schedule move along quicker. Hill explained that West Coast Construction had asked if they could begin work as early as June 5th, and he said that is something they would like to happen, as long as NE 241h St. is not closed for that time frame. Councilmember Morgan asked why it appeared that the City of Medina was paying for Bellevue's work. City Engineer Hill stated that Medina was under contract to complete Bellevue's work and that they would be reimbursing the City of Medina for those costs in Schedule B. Councilmember Demitriades asked how long NE 241h St. would be closed. City Engineer Hill stated that NE 241h up to 80th Ave NE would remain open, with the intent to block through traffic. Responding to the question from Councilmember Morgan, Hill replied that 80th to 84th was a function of the contractor's schedule and that Roth Hill had allowed the contractor to have the site for the entire contract time. He stated that the schedule was June 19th-August 19th, 2000. Mayor Becker suggested that there appeared to be a couple of people on 80th Ave NE who used the street as a playground. He said that since this street would be the place where right hand turns would be occurring, he suggested that the Police Department visit those homes and notify them that this would become a major thoroughfare. Councilmember Lawrence asked if the City had a contract with the City of Bellevue for reimbursement of costs. City Manager Schulze explained that a letter of understanding was being finalized. Following discussion it was determined that signs should be placed to indicate that Wells Medina Nursery would remain open during the period of construction. City Engineer Hill said that there would also be a direct mailing to the neighborhood as well as a Medina Newsletter article. In response to a question from Councilmember Demitriades, City Engineer Hill explained that they would be overlaying upper NE 24th if there are improvements made to the crossing, the pavement will have to be torn up and repaired. He said that the Public Works Committee had discussed this and determined that it made more sense to overlay the road, rather than leave an unrepaired section. City Council Meeting May 8, 2000 Page 9 Wilma Edmonds, 7721 NE 20 St., requested clarification on whether or not there would be a sidewalk on the south side of NE 24'h, from Evergreen Point Road to 80`h. The City Engineer said that yes, there would be. Councilmember Preston moved to award bid and authorize contract for NE 24`h Street Improvements to West Coast Construction Company of Woodinville, WA in the amount of $465,586.20. Seconded by Councilmember Demitriades, all were in favor. Fairweather Nature Preserve Improvements City Manager Schulze explained that the issue had come back to the Public Works Committee at their last meeting, where they had discussed some of the outstanding issues. He pointed out that the Council had received an email update from Councilmember Preston on April 21s`, wherein Councilmember Preston summarized that the concerns brought up at the April City Council Meeting had been addressed and that it had been resolved and agreed that the original proposal for the 2000 construction was appropriate, with some modifications. He said that the most significant modification was the open play area, with Councilmember Morgan's suggestion that instead of regrading the area completely, hydro seeding and planting, the surface would be smoothed out with a mixture of sand and peat. He said that Charles Anderson had looked at that possibility and agreed that it would be a workable solution, with the exception of some minor grading at the northeast corner of the playfield. City Manager Schulze stated that direction was needed for advertisement of bids as proposed by Anderson & Ray, with the adjustments to the gymnasium area as discussed by the Public Works Committee. He said that Charles Anderson and Matt Porteus of Anderson & Ray were in attendance to answer questions. Councilmember Preston stated that he thought that there were two issues that needed to be clarified before proceeding. He said that the backboard was now outside and he felt that it would be acceptable to leave it in its present location, but that the Council should be heard on the issue. He stated that another location for it could be on the northeast side of the east tennis court, where a concrete pad could be located, but that the cost may be more than he would recommend at this time. He said that the other issue was parking in the area. Councilmember Morgan stated that he would agree to the internal backboard, as did other members of the Council. Councilmember Preston stated that the Park Board was also in agreement with this original plan. Following discussion relative to drainage, Councilmember Morgan suggested that French drains around the second tennis court be included in the request for bids, as the play area collects water. Relative to the parking issue, Councilmember Preston commented that he would like to keep parking at the level where it is and possibly allow permitting for large parties. City Council Meeting May 8, 2000 Page 10 Relative to the parking issue, Councilmember Morgan explained that the issue is that there is illegal parking regularly on the perimeter and existing parking lot at Fairweather Park and that his feeling is that the issue should be addressed at this time. He said that he was not suggesting that additional parking be allowed but that consideration should be given to perimeter parking for special activities of citizens of the Evergreen Point area. He added that there are inadequate areas for parking north of SR-520. He said that he felt that there should be more ticketing by the Police Department, on occasion. Councilmember Morgan related a letter from resident Thornton Thomas, 3335 Evergreen Point Road, which suggested that the school be contacted and he requested that the City Manager to investigate this matter. Councilmember Morgan mentioned a permitted parking area, on Evergreen Point Road, which had been established to accommodate the construction parking of the Gates Project. City Manager Schulze stated that the City issues temporary parking permits for construction vehicles that could be used in that area. He related that the area had been created with the assumption that it would be removed and landscaped when the project was complete. Councilmember Morgan noted that there was parking down along 80th, which might be allowed by permit parking only for a party or special event. He suggested that it be for residents only and should be policed, with signs for permit parking only. -- Relative to the parking issues at Fairweather Park, discussion continued and points of view were expressed. Councilmember Preston commented that the soccer field has been used for a parking lot and that the new design does not discourage the continuance of this practice. Wilma Edmonds, 7721 NE 24th, stated that she thought that "no parking" areas needed to be enforced consistently. Councilmember Odermat suggested that logs or rocks might be placed so as to discourage parking. Councilmember Demitriades expressed interest in exploring Bellevue Christian School for event parking. Councilmember Cohen stated that she thought that the elimination of two spaces in the parking design was minimal. She disagreed that there should be parking allowed on 80", and she expressed her concern for the elimination of parking on Evergreen Point Road, at the Park. Councilmember Lawrence suggested that "no parking" signs be placed on the grass at Fairweather Park, and have the police enforce. He further stated that he objected to event parking in schools because it could be an inconvenience to those living in the area. City Council Meeting May 8, 2000 Page 11 Councilmember Preston said that his feeling was that "no parking" signs should be put up first before putting up obstructions as well as a better job done with regard to enforcement. Councilmember Odermat suggested that "no parking" signs be put up at entrances to the city, informing those who may have used Fairweather Park for Seahawk or Husky parking in the past. Councilmember Morgan stated that "no parking" signs are regularly abused. He said that he felt that the problem of parking had not been addressed so he would be voting against the Fairweather Nature Preserve Project for this reason. Mayor Becker stated that the project would be moving forward and the parking issues would be sent to the Public Safety Committee for further discussion and possible changes to the scope of the project. Councilmember Cohen moved to approve the project as amended, with sanding of the playfield. Seconded by Councilmember Odermat, all were in favor except Councilmember Morgan, who voted nay. Appointments to Boards and Commissions Mayor Becker explained that terms were expiring in June, for the positions of Todd Nunn on the Planning Commission and Claudia Stelle on the Park Board. Following a brief discussion, Councilmember Lawrence moved to reappoint Todd Nunn and Claudia Stelle to their respective positions on the Planning Commission and Park Board. Seconded by Councilmember Demitriades, all were in favor. NEW BUSINESS RESOLUTION NO. 271 — Regarding Authorization for the City Manager to Take Actions to Resolve Parking Problems on Evergreen Point City Manager Schulze explained that the Medina Municipal Code provided for the City Manager to designate areas in the city for permit parking only, as well as restricted parking. He said that it would require a motion from the City Council to direct him to have Section 10.40 strictly enforced. Relative to a concern for lack of special event parking, he explained that there were options for handling such occasions. Councilmember Demitriades moved that, whereas the City Council acknowledges the existence of a number of parking related problems on Evergreen Point, it is hereby resolved that the City Manager take appropriate action to provide alternatives to resolve these problems, under Medina Municipal Code 10.40. Seconded by Councilmember Preston, all were in favor. City Council Meeting May 8, 2000 Page 12 Councilmember Lawrence commented that the parking situation on Evergreen Point Road, remaining from the Gates Project, had not been addressed. City Manager Schulze stated that recently he had had a meeting with City Engineering Consultant Bill Holladay, who is working on plans for landscaping that had been proposed. He stated that the Landscape Consultant Keith Bates of Otak, would be reviewing these plans as well. Mayor Becker asked who would be taking care of this landscape effort. City Manager Schulze said that his recollection was that the Gates Project was to have taken care of this as part of the Evergreen Point Road repaving, and he would check into the reason for it not having happened at that time. Wilma Edmonds, 7721 NE 24th, said that her understanding had been that when the Gates Project was finished, the Project Manager said that they would tear up the parking and re -landscape the area to the same condition that it was in before they used it for parking. OLD BUSINESS Councilmember Demitriades updated the Council on the water -sampling project that he and Councilmember Morgan have planned for Fairweather Bay. He said that City Manager Doug Schulze was contacting a company to obtain petroleum -sampling bottles. He said that after these are available, he and Councilmember Morgan would go out in a boat and collect runoff samples. NEW BUSINESS WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Councilmember Demitriades suggested that recent correspondence with the Washington State Department of Transportation be explained to residents in the Medina Newsletter. He also suggested that the City's website make available these same letters. CONSTRUCTION Councilmember Morgan said that he was aware of two previous uses of helicopters used to bring in equipment for construction projects. He questioned whether or not the use of these helicopters should be allowed. He said that the FAA requires that those within 150 ft. of the path of the helicopter vacate the premises for the period during which the helicopter is in the area. Councilmember Morgan stated that he had spoken to his insurance company who said that they would not pay any claim if he agreed to this type of risk. City Council Meeting May 8, 2000 Page 13 Mayor Becker suggested that possibly this should be addressed in the Code of Conduct Mitigation issue. The consensus was for the Public Safety Committee to investigate the situation and determine whether or not the Council agrees that any hazardous operations of this sort be registered with the City or whatever would be appropriate. Councilmember Lawrence asked what restrictions are now in place, relative to aircraft landing in Medina. City Attorney Wines stated that the only restrictions now in Medina are against fixed helicopter pads, but that there is nothing to prevent someone from landing a helicopter on a lawn. Councilmember Lawrence noted how noisy these aircraft are and wondered if restrictions could be placed upon them. City Attorney Wines stated that the City is fairly limited insofar as what can be done in this regard, but he will investigate and report back to the Council. POINT OF ORDER At 9:23 p.m. Mayor Becker announced a short break, to be followed by Executive Session. EXECUTIVE SESSION At 9:32 p.m. and under authority of RCW 42.30.110, an Executive Session was held for the purpose of discussion of real estate acquisition. ADJOURNMENT At 10:15 p.m. the Council reconvened the Regular Session. Councilmember Preston moved to adjourn the May Regular City Council Meeting. Seconded by Councilmember Demitriades, all were in favor and the meeting was adjourned at) 0:15 p.m. Dahiel F. Becker, Mayor Attest: risten Finnigan City Clerk