HomeMy WebLinkAbout06-12-2000 - MinutesMEDINA CITY COUNCIL
REGULAR MEETING MINUTES
June 12, 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 7:00 p.m. The
meeting was recorded on audiotape.
ROLL CALL
Present: Council Members Suzanne Cohen, Paul Demitriades, Jim Lawrence,
Thomas Morgan, Mary Odermat and Mayor Daniel Becker
Absent: Council Member Steve Preston
Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp,
Public Works Superintendent Carl Burris, City Planner Jenny Schultz, and Interim
City Clerk Caroll Wedlund.
ANNOUNCEMENTS
Mayor Becker announced that City Clerk Kris Finnigan would be resigning effective July 1, 2000,
and that she would be sorely missed.
Mayor Becker explained that the Puget Sound Regional Council will be updating the Metropolitan
Transportation Plan, which identified transportation improvements for the region over the next six
years, and how it would be funded. He noted that the City would be receiving more information
regarding this issue within the next couple of months.
Mayor Becker reported that the environmental impact scoping process began on May 31, 2000.
He announced that the City had requested a full vote from the Washington State Department of
Transportation (WSDOT), and instead received two fifths of a vote, along with the Hunts Point,
Clyde Hill, Yarrow Point, and Mercer Island communities. Mayor Becker indicated that the next
meeting would be on Wednesday, June 14, 2000, for which City Manager Schulze would serve as
the City's representative in the Technical Committee portion, and he would be present for the
Executive Committee segment.
The Mayor announced that on June 28 and 29, the Washington Transportation Alliance and
Discovery Institute would be conducting a two-day seminar at Carillon Point entitled SR-520,
Corridor in Crisis. Everyone is welcome to attend.
Mayor Becker continued that next week the Association of Washington Cities would be conducting
their annual meeting in Spokane, and Mayor Becker would represent the City.
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June 12, 2000
Page 3
was impacting some land and trees. Initial indications were that the lane widths were not reduced
one to two feet, as the initial plans had indicated, which would account for the shift.
Council Member Demitriades indicated that the excavation had progressed up to his house.
Further, there were at least three sprinkler systems in the take-out zone. Two of his neighbors
expected the City to do something about moving the sprinkler system that was now in the road
zone, in addition to the landscaping that might be moved, even though it was in the right-of-way.
He continued that the traffic situation seemed to have opened up a bit. Council Member
Demitriades added that the Roth Hill representative was willing to work problems with the
neighbors.
CONSENT AGENDA
Council Member Cohen moved, seconded by Council Member Demitriades, to approve the
consent agenda. All were in favor, and the consent agenda was approved:
A. Minutes from Regular City Council Meeting of May 8, 2000
B. Minutes from City Council Study Session of May 22, 2000
C. Approval of May, 2000 Warrants/Treasurer's Report
Regular Warrants - #13688— 13795
Void #13690, 13736, 13760
Corr. #813678, 913457, 913678
$ 206,445.14
Personnel Warrants - #17280 — 17333
$110, 547.769
D. ARCH Contribution
City Manager Schulze noted that Art Sullivan, Executive Director for ARCH, was present to answer
any questions. Mayor Becker commented that with acceptance of the consent agenda, the City
would be contributing $14,800 to the funding of a secured grant to be used by Habitat for
Humanity, and that this should be highlighted in the monthly newsletter.
STAFF REPORTS
PUBLIC SAFETY REPORT
Police Chief Knapp announced that Medina had experienced one burglary within the past month,
and that the same residence had been burglarized the prior month.
The Chief continued that there had been two vehicle prowls last month, and that the teens
responsible had been arrested, with recovery of a computer that had been stolen from one of
them. He added that at the end of last month, there had been a second vehicle prowl of a locked
automobile on the roadway, where the wing window was broken, with a CD player taken. The
Police Department did not know who conducted the second vehicle prowl last month.
Chief Knapp indicated that on June 9, an officer had received a call from a resident who had left
his vehicle unlocked in the driveway with the keys in it. The citizen heard the vehicle being started,
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June 12, 2000
Page 2
The Mayor stated that on June 13' at Pier 69 at the Port of Seattle, the Port Commission would be
discussing the issue of either moving forward with the split turn or other recommendations that
they would work out with the FAA.
Mayor Becker continued that the Washington State Department of Transportation (WSDOT)
notified the City that they would be turning on ramp meters at Bellevue Way, 108t" 124t" and 148t",
and requested that the City turn on its ramp meter. He continued that if the City did not agree to
do so, it would be the only entity westbound without a meter. As part of the discussion, the
Washington State Department of Transportation had talked about two lanes going onto SR-520,
one of which would be a diamond lane, and the other would be a normal lane. Mayor Becker
noted that more information would be forthcoming regarding this issue.
Council Member Demitriades updated the Council regarding the Endangered Species Act. He
announced that the National Marine Fisheries Service would be issuing the 4(d) Rule on June 19,
2000, which would allow a six-month implementation period. He pointed out that the City of
Medina and other communities on Lake Washington or anyone in the tri-county area (Pierce, King
and Snohomish Counties) would have until the middle of December to commence conformity
actions, with another two years after that to implement the agreed -upon compliance.
Council Member Demitriades continued that on June 19, 2000, the Tri-County Proposal would be
completed, and it would be sent to the National Marine Fisheries Service as a compliance
document for those jurisdictions. He noted that the 300-foot management zone for the lakefront
was now down to 200 feet. Council Member Demitriades continued that within the 200-foot zone,
there would be a 100-foot buffer and 100 feet for proscribed activities that could not be conducted.
He opined that this would be better for shoreline communities along Lake Washington than the
300-foot management zone, but that the Tri-County Proposal would have to examine the issue.
Council Member Demitriades noted that in late July, the Interlocal agreement would be reissued
for the City to examine. He was of the opinion that hopefully, the City would get some legal
protection by agreeing to the terms and conditions. Council Member Demitriades indicated that is
where the City would determine how much work to contribute to the Tri-County organization with
regard to Endangered Species Act items. Council Member Demitriades recommended that the
staff and he review the Tri-County document and complete a statement of principles and policies,
and volunteered to furnish a draft for the Council's consideration. Mayor Becker added that the
Council must review the King County proposal, because the Interlocal Agreement they would
ultimately approve would tie them to the 4(d) Rule.
POINT OF ORDER
Mayor Becker announced that the Council would go into Executive Session upon conclusion of
normal Council business.
City Manager Schulze updated the Council that construction had commenced on NE 24t" Street,
with the majority of it being Puget Sound Energy installation of a gas line. He noted that AT&T
was conducting some telephone work, and that excavation work had commenced for the sidewalk
on the south side. AT&T had also marked off the sidewalk area on the north side. A concerned
resident had visited with City Manager Schulze and with Public Works Superintendent Burris
regarding this issue, and they would be meeting tomorrow with the Roth Hill inspector on NE 24t"
Street about it. He noted that something had been unintentionally shifted north one to two feet that
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June 12, 2000
Page 4
and called 911 to relay a car prowl in progress. He pointed out that the officer was able to
apprehend the four teenage suspects as they were attempting to leave town. When the officer
stopped the car, he received another call from a second car prowl victim, relaying that a cell phone
had been taken. The officer requested that the cell phone owner dial his cell phone number,
thereby activating it in the vehicle containing the four subjects. Chief Knapp continued that at that
time, a third victim called, relaying that computer games had been stolen from his unlocked vehicle
in the driveway. Shortly thereafter, a fourth victim called to relay that a computer had been
removed from his vehicle. When the Chief arrived at work that morning, he learned that a fifth
victim had awakened to find a cell phone and papers removed from his vehicle. He noted that the
four suspects were arrested, the vehicle was seized, and a search warrant would be executed in
the very near future. Chief Knapp noted that the stolen property would be subsequently returned
to the owners.
Chief Knapp announced that written speeding infractions had increased. The City had a historical
average of 17 moving violations per month for the past three to four years, and the Police
Department had stepped up the cadence to 29 per month. He indicated that the Police
Department tried to cover every point in each part of the city where it had received a complaint,
and continuously redirected its efforts to wherever the problems were occurring.
One Council Member indicated receiving the first hate mail for the year. Chief Knapp responded
that the Police Department had been working with two organizations to resolve this issue. The
Mayor had also received an unopened hate letter, which the Department would send for forensic
value to a lab, hopefully to secure identifiable prints. Chief Knapp pointed out that even if the
prints were not identified, the letter might have future historical value, as it could tie into something
that the Medina Police Department had. He continued that the Seattle Police Department had a
new hate crimes officer who was working some hate mail crimes, and the Department would be
coordinating their efforts with that person. Chief Knapp noted that the hate crimes had taken on a
new twist in the form of pornographic material.
Council Member Morgan requested for next month's report a breakdown of whether the infractions
and citations issued were for Medina citizens or for others. Chief Knapp responded affirmatively,
promising to provide the Council with the requested citations and infractions by city of residence.
PARK BOARD
Chair Claudia Stelle announced that the Park Board was gratified to hear that the Council had
approved their recommendation to proceed with all phases of the Fairweather Project this year.
She also expressed appreciation that the Council had approved the Park Board's recommendation
to begin with a comprehensive plan for Medina Beach Park before they proceeded any further.
Ms. Stelle asked what the time frame would be, and who would be likely to conduct this
comprehensive plan for the City. Council Member Morgan thought there had been a prior attempt
to draft a comprehensive plan when the property was developed. City Manager Schulze
responded that he had not been able to locate one. He added that in the past, a couple of
different options had been considered as how the park might be developed, but not a
comprehensive plan for the entire Medina Beach Park. Council Member Morgan reflected that
there had been at least one plan, maybe even two that were developed by the City's former
landscape consultants that showed the entire beach park, and that it would be a useful document
if it could be found, as it included a map of the entire park, with all of the trees identified.
Ms. Stelle interjected that there would be some new issues which should be addressed beyond the
Park Board's report, including the dock and the deteriorating bulkhead. She asked if there had
been any thought to using a new consultant, or whether the Park Board should proceed with the
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June 12, 2000
Page 5
project. City Manager Schulze responded that the City would probably have to go through a
request for proposals and determine the qualifications desired by the Park Board. Based upon
that, the City could complete a request for qualifications and officially advertise. He announced
that the Park Board could screen the consultant applications and check references, and that this
could be an item of discussion at the Park Board meeting next week. City Manager Schulze
pointed out that there was nothing in the budget this year for that type of professional service, but
that the City could start planning now for next year. Council Member Morgan suggested that the
Park Board formulate some ideas. Council Member Lawrence added that the Facilities Committee
might wish to review the facilities before anything was done with the Park.
Mayor Becker asked Ms. Stelle if the Park Board had prioritized the list of projects they would like
the Council to review. Ms. Stelle responded that the Fairweather Nature Preserve was the first
priority, and that at the next meeting they would discuss prioritization. Mayor Becker noted that
the bulkhead needed major maintenance. Ms. Stelle asked about the low wall, and Public Works
Superintendent Burris responded that one suggestion had been to replace it with some large cedar
logs and use them for a retaining wall. Mayor Becker wished to investigate that possibility, and
Public Works Superintendent Burris promised to obtain information for a cedar log retaining wall.
However, he did not think the cedar logs would have a warranty. City Manager Schulze promised
to check on it.
PUBLIC WORKS
Public Works Superintendent Burris announced that the Public Works Department had been
working on the maintenance issues. He indicated that the three-way stop signs would be installed
upon arrival at NE 32nd Street and 78th Place NE, as well as at NE 28th Street and 80th Avenue NE.
Public Works Superintendent Burris stated that the beach float would be installed in the very near
future, with the existing one disposed of, as part of the contract.
Public Works Superintendent Burris currently had two full time lifeguards and three to fill in for
other shifts. He promised to hire a couple of extra lifeguards in the very near future for relief shifts.
He had also hired a summer helper to assist with Public Works projects, and a second one would
be hired very soon.
Public Works Superintendent Burris noted that the utility upgrades were progressing, and that they
should not cause any delay in beginning the projects for Overlake Drive West Phase II and NE 24th
Street. However, the City had experienced scheduling conflicts with some of the repair work being
done by U.S. West and by Puget Sound Energy.
PLANNING
City Planner Jenny Schultz indicated that the Planning Commission had five applications
scheduled for the June 27 hearing, one of which was the noise monitor. She noted that at the last
hearing, the noise monitor issue had been continued, pending an alternate location other than
Medina Park. She added that City personnel were trying to obtain the Medina Elementary School
location, and were talking with Port of Seattle personnel, who would attempt to determine a
suitable spot at the school building, hopefully before the hearing scheduled on June 27. Ms.
Schultz continued that the noise monitor was 20 feet tall, and that it was unsightly to have such a
structure in a City park. Mayor Becker was concerned about the precedence of installing a noise
monitor in the park.
Council Member Lawrence expressed concern about the precedence that might be set if the noise
monitor were installed at the school. Mayor Becker indicated that he had discussed the issue with
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June 12, 2000
Page 6
both the Port Commissioners and the City staff. The Port wished the City to find a location.
_ Otherwise, they will not install a noise monitor in the City. He suggested that another option might
be St. Thomas School. Ms. Schultz added that another location might be the Overlake Golf and
Country Club. Council Member Morgan opined that the structure should be housed in a quiet
location and that vessel noise might be a consideration if it were installed in the park. However, he
was unsure as to how much noise the school children might create. Ms. Schultz responded that
the instrument could be calibrated to accommodate the schoolyard noise.
City Planner Schultz announced that a swimming pool/spa and sport court application had been
received for the Bennett property at 2203 Evergreen Point Road.
City Planner Schultz continued that the Broback slide repair project homeowner was submitting a
revision to the Planning Commission for work that the City staff contended after review that
exceeded the intent of the original approval for that project. One of the walls the property owner
built created a platform, which was beyond the scope of the original approval. They also had not
obtained the required building permits for the work that was performed.
City Planner Schultz stated that the Schiro property located at 2403 76" Avenue NE had been
submitted for reconsideration, due to the Planning Commission denial in March 2000 of the
application for a stairway on a steep slope.
City Manager Schulze indicated that the Board of Adjustment would review applications during its
June 20, 2000 meeting, one of which was a request for reconsideration of the Palander deck
project that was originally heard in March of this year. A portion of the project was denied at that
time, so the homeowner had requested reconsideration.
City Planner Schultz stated that the Fisher height variance application, located on the corner of NE
28th Street and 78th Avenue NE, was continued at the May hearing, with a request that the
applicant supply additional information. She continued that the homeowners are requesting a
seven -foot height increase to their residence.
AUDIENCE PARTICIPATION
Mayor Becker opened the meeting to the audience, for non -agenda items.
JET NOISE
Dr. Bob Rudolph, 1455 Evergreen Point Road, reported that the Port Commission would vote on
June 13 regarding the issue of jet flight dispersion. The first hour would consist of public
testimony, followed by a vote. He encouraged those in attendance to attend the meeting, and
noted that numerous local citizens had been calling the Port Commissioners regarding this issue.
Dr. Rudolph noted that the Citizens Advisory Committee studied the issue of flight paths for two
years, and had voted approximately a month ago by an overwhelming majority to recommend
maximum use of the Duwamish Corridor and that the FAA should study full dispersion of planes on
the east turn. Dr. Rudolph also reported that the Committee had recommended that if an equitable
dispersion of east turn flights was found not to be possible, then the split east turn should be
initiated. However, five days later, the Port staff issued their report to the Commission, which
ignored the Citizens' Committee report entirely and recommended a policy of concentration on the
east turn. When that occurred, the Citizens' Committee hired a law firm from Washington D.C. to
review the process and the Port staff report, to determine if it reflected the proper data. After a
review, the firm determined that the Port staff report was inaccurate, incomplete and misleading.
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June 12, 2000
Page 7
Contrary to the staff report, they determined that overall noise decreased significantly with the split
_ turn. This information has been submitted to the Port Commission for their consideration prior to
their June 13 vote.
Dr. Rudolph continued that if the Port staff policy of concentration were maintained, it would not be
in Medina's best interest. He stated that there were currently 227 planes passing daily from the
north over Medina, and the projection was for a 30 percent increase in the number of planes flying
overhead within the next six years. This would result in continual jet noise in Medina. Dr. Rudolph
noted that all of the Commissioners were going to study increased use of the Duwamish flight
corridor. However, without a simultaneous study of the alternatives for a split turn, the current
concentration would be maintained, which would not be sufficient. If that were to occur, Medina
would henceforth always be under a narrow flight path. Dr. Rudolph referred Council Members to
the document entitled "Airplane Noise Declaration of Intent" signed by Port Commissioner Claire
Nordquist. This document, stated that if Mr. Nordquist was the winning candidate in the November
1999 election, one of his top priorities would be to address the impact of airplane noise. Dr.
Rudolph added that as a result of Mr. Nordquist signing that document, he should be held
accountable in the upcoming Port Commission vote.
Dr. Morgan asked for an update of the number of Medina citizens who were members of Eastside
Citizens Against Aircraft Noise (ECAN). Dr. Rudolph responded that there were about 500 Medina
residents who were ECAN members.
EASEMENT BETWEEN 83RD AVE NE AND 84T" AVE NE
Dennis Klimes, 631 — 841h Avenue NE, spoke regarding a lot for sale under probate in the 800
block of 841h Avenue NE. He noted that this lot contained a path that ran from 83`d to 841h Avenue
NE that had been used by children and residents for over 40 years. He introduced a packet
containing a letter written by resident Daniel E. Parks, stating that this path had been in existence
since he moved to Medina in 1957. Mr. Klimes noted that the City had recognized the existence of
the path, because it had painted a pedestrian crosswalk across 84th from the sidewalk on the east
side to the west side of the street. He also submitted a couple of independent title deeds
indicating no easement for the path, as well as no easements for the utility lines that border the
south property line. Mr. Klimes requested the Council to advise the appropriate procedure in
addressing this issue in order to maintain the long-lasting path. Mr. Klimes emphasized that an
easement of approximately 40 feet would save the path, and would also maintain the greenbelt in
that area. He also requested the Council to consider transformation of this lot into a park. Another
alternative would be for the seller to donate the lot to the City as a tax write off on this probate
estate.
BOAT STORAGE
Jim Phillips, 915 — 881h Ave. NE, a Medina resident for 40 years, announced that he had
investigated boat storage in west Bellevue. He had also talked with personnel in Clyde Hill,
Yarrow Point, Hunts Point and Medina, and was surprised to find that Medina was the only city
that did not have any real boat storage restrictions. The restrictions placed by the other cities had
a great deal in common, and most of them were anxious to protect the front 20 to 30 feet of the
homeowners' property. However, residents could store both boats and recreational vehicles
(RVs) in their side yards and in their back yards. He offered to leave ordinances with the City
Planner for reference. During his investigation, Mr. Phillips checked Medina and Hunts Point as
well as Yarrow Point. Mr. Phillips did not conduct one through Clyde Hill, because the City Clerk
informed him that a search was conducted throughout that city once a month to check for stored
boats. Other than weekend boat storage permits, no storage of vessels was allowed in Clyde Hill.
He continued that the Clyde Hill fines were dependent upon the amount of time that the boats had
City Council Meeting
June 12, 2000
Page 8
been stored. With the exception of Clyde Hill, the other cities he had surveyed permitted side and
year yard boat storage. Bellevue required a 20-foot setback from the property line, and the others
mandated 30 feet.
Mr. Phillips' search revealed that Hunts Point had no boats or RVs. Yarrow Point had one boat,
one RV and one camper. Medina had either 14 or 16 boats or campers, mainly found in clusters.
Mr. Phillips distributed pictures of some of the boats stored on properties fronting 88th Avenue NE,
pointing out how close these boats were to the right-of-way. He noted that the clustering resulted
from one property owner seeing another's vessel stored, and as a result, erroneously assuming
that it must therefore be permissible to do so. Four of the seven residents on the cul-de-sac
where he lived in Medina had boats stored on their property. He directed the Council's attention to
the publicity this issue had been receiving in the press recently, showing newspaper clippings from
the Eastside Journal dated April 25, May 5 and May 9, 2000. Mr. Phillips emphasized that if the
other three cities had rules and regulations, it only made sense that Medina should do something
about the situation as well.
DISCUSSION
DISCUSSION WITH PLANNING COMMISSION REPRESENTATIVE REGARDING RECENT
CASE APPROVAL
City Planner Schultz indicated that there had been some concern about the process that went into
the tram placement in the side yard setback for the Reynolds property. The Council had therefore,
requested clarification of this issue. Planning Commission Vice Chair Mark Nelson displayed
graphics for the Reynolds property, noting that it had a very steep drop off; therefore, the property
owner had requested a substantial development permit and a variance in order to develop a
tramway. The original application did not contain enough information. The former City Planner,
the present City Planner, and the City Engineer had determined that the best tramway location
was in the ten -foot setback area that the property owner had requested, rather than the 18-1/2 foot
setback. The Doyle property was the only one who would be affected by it, and the owner had no
problem with it, as long as he would not view the tramway going up and down the hillside.
Therefore, the Reynolds family had included more landscaping as a buffer. The Planning
Commission vote was three against, and four in favor of the variance. One of the Planning
Commissioners who had voted against it thought the tram just should not be there for safety
reasons, due to the steep slope. The other two Planning Commission members just were not
sure, and felt they did not have enough information. The four who voted in favor said if the
property owner could meet the eleven conditions attached to the application, they would grant the
variance. Had the tramway been built within the setback, it would have caused more disturbance
to the already fragile hillside. Therefore, the Planning Commission had agreed with the technical
people, as long as the property owner could resubmit with all of the technical data, meet the
criteria of the City staff, and obtain their approval. City Planner Schultz pointed out that the tram
design location at present was ten feet from the property line.
Council Member Morgan asked if there was a common road to the water for the other neighbors,
and whether Mr. Reynolds had access to that road. Planning Commission Vice Chair Nelson
responded affirmatively. City Planner Schultz pointed out that the area was extremely steep, and
as a result, both the former City Planner and the City Engineer believed that there would be less
impact on the steep slope area if the tram were located on a natural platform. She added that
when the property owner had originally applied for this permit, the setback requirement had been
ten feet. The setback requirement was subsequently changed to eighteen and a half feet.
However, when the property owner obtained the residence permit, they did not have a tram at that
time. Council Member Morgan indicated that the reason for the setback was so that landscaping
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June 12, 2000
Page 9
could be retained, and that the impact on neighbors would be lessened. He believed that with the
combination of setback and steep slope, the burden was upon the developer to show that there
was an absolute necessity. Council member Morgan was of the opinion that if the property owner
had access to the water, there was no absolute necessity. Mayor Becker stated that the privilege
had already been granted, and at this point, it did not make sense to challenge it. Council Member
Cohen interjected that the City did not want to establish a precedent. The reason for increasing
the side yard setback was to increase the vegetation in that area. She did not want to see an
erosion of that intent.
Mayor Becker pointed out that the way the Board of Adjustment looked at things and the way the
Planning Commission reviewed proposals was different. However, both were granting variances.
There had been discussion regarding possibly moving all variance requests to the Board of
Adjustment, so that two bodies would not be trying to interpret one standard. He continued that
the Planning Commission helped to set policy. It was very difficult to make the distinction between
that of an adjudicating body and that of setting policy. Council Member Morgan emphasized that
until this meeting, he had been unaware that Mr. Reynolds had access to the water. If the tram
were the Reynolds' only access, the case would be more compelling. Mayor Becker noted that the
location of the tram was the least disruptive to the steep slope. The City Planner interjected that
the Board had requested the property owner to fill in the foot trail that had been there for many
years.
Council Member Odermat stated that the pool and the surface area around it were also set back
and the property owner had a variance for that. Council Member Cohen also expressed concern
regarding the precedent that might be set.
Mayor Becker asked the City Planner about the Broback property slide repair. City Planner
Schultz responded that a determination was needed whether or not the property owner had gone
beyond the intent of the original approval. She added that one possibility would be to lower the
retaining wall or to remove it. Mayor Becker noted that the time frame for an appeal had already
passed.
Several Council Members expressed the opinion that going beyond the scope of the intent resulted
in cost-free actions to the person who had done so. Granting variances ended up with setting a
precedent. City Attorney Wines stated that the Council should instruct the City Planner as to what
action they wished to be taken. However, they should have all the facts before taking any action.
He noted that the Broback case was not clear-cut, and that the property owner had gone beyond
the submittals given to the Planning Commission He continued that it was a conceptual plan that
was not in writing, and that in one area the property owner went beyond the intent of the original
approval.
Council Member Morgan asked whether there was any way the Council could effectively prevent
transgressions, and whether or not punitive measures should be enacted. Mayor Becker did not
think the Planning Commission Vice Chair should be speaking for that body. Planning
Commission Vice Chair Nelson emphasized that the Planning Commission did not automatically
approve every request, and that decisions were made on a case -by -case basis. He pointed out
that the Broback property had both a variance and a substantial development permit, and that this
tram would not touch the ground. Planning Commission Vice Chair Nelson added that at that
particular hearing, there had been numerous substantial development permit applications, all for
trams on steep slopes. In the judgment of the City Planner, the City Engineer, the City Landscape
Architect, and the client's engineer, the location selected was the best one that would disturb the
steep slope in the least possible way. The Planning Commission believed that their saving a steep
City Council Meeting
June 12, 2000
Page 10
slope from substantial development was best for this particular project. Further, the encumbrance
and impact upon the neighbor was negligible. The Planning Commission made a value judgment
based upon the information given to them, and based their decision upon that. He added that not
every Planning Commission member had been in agreement. Planning Commission Vice Chair
Nelson did not believe it was a grant of special privilege.
ORDINANCES/RESOLUTIONS
Ordinance No. 670 —AN ORDINANCE REGULATING GATES
City Manager Schulze announced that Ordinance No. 670 was worded pretty much the same way
that it had been after the Public Safety Committee reviewed it. Council Member Odermat moved
to adopt Ordinance No. 670, seconded by Council Member Demitriades. All were in favor.
Ordinance No. 679 - AN ORDINANCE AMENDING MEDINA MUNICIPAL CODE 15.04.040 TO
EXTEND THE EFFECTIVE TIME FOR BUILDING PERMITS FROM ONE YEAR TO EIGHTEEN
MONTHS
Council Member Morgan moved, seconded by Council Member Odermat, to adopt Ordinance No.
679. City Attorney Wines pointed out that the first sentence of the third paragraph on page two,
"No new permit may be issued until a mitigation plan or a renewed mitigation plan is approved by
the Medina Planning Commission", was an addition that should have been underlined. He further
explained that the Building Official may grant an extension of time up to 180 days to begin
construction, which would automatically extend the final expiration date. All were in favor.
Ordinance No. 693 — A BUDGET AMENDMENT ORDINANCE REGARDING 1-695 FINANCIAL
ASSISTANCE FROM STATE TO PARTIALLY REPLACE LOST 1-695 REVENUES
Mayor Becker stated that the City had received a windfall of $6,983 to partially replace lost 1-695
revenues. Council Demitriades moved, seconded by Council Member Morgan, to approve
Ordinance No. 693. All were in favor.
DISCUSSION
COUNCIL DIRECTION TO THE PLANNING COMMISSION AND TO THE BOARD OF
ADJUSTMENT
Mayor Becker commented that he wished to improve communication regarding direction to the
Planning Commission and the Board of Adjustment. He suggested that this be a discussion item,
with staff recommendations, for the July Council meeting. Council Member Cohen suggested that
perhaps the Council should revisit the issue of trams on steep slopes, and whether or not
variances should even be granted at all. Council Member Morgan was of the opinion that such a
discussion should be deferred. Council Member Odermat suggested that property owners should
allow the land to remain the way it is and let them accommodate their design to the features of the
property. She was concerned about setting a precedent. Council Member Lawrence asked if the
Council should send a message to the Planning Commission that no variance should be granted
unless not doing so would present a hardship for the property owner. Mayor Becker reiterated that
this issue would be a subject of discussion for next month's Council meeting, with
recommendations from the staff on how to best communicate their intentions to the two bodies.
NEW BUSINESS
APPOINTMENTS TO BOARDS AND COMMISSIONS
Mayor Becker stated that John Bell had been nominated as a new appointee for the Board of
Adjustment, to replace Fred Welk. Mr. Bell is a member of the Park Board until January, and is
City Council Meeting
June 12, 2000
Page 11
also an attorney. Members decided by unanimous consensus to appoint John Bell as a member
of the Board of Adjustment.
MULTIPLE OCCUPANCY BUILDING IN 2800 BLOCK OF EVERGREEN POINT ROAD
Council Member Lawrence asked about what appeared to be a new family home in the 2800 block
of Evergreen Point Road. City Planner Schultz noted that the neighbors were complaining, and
that multiple family units were in violation of City ordinance. She promised to investigate this
matter and to report back to the Council at their July meeting.
OBSCURED VISION IN INTERESECTION RIGHT-OF-WAYS
Council Member Odermat complained about shrubbery obscuring intersection right-of-ways. City
Manager Schulze commented that the Public Works staff would be checking on such obstructions
this summer. The City had already gone through a notice period, in an effort to obtain the
cooperation of property owners with overgrown brush. Mayor Becker commented that the
intersection of NE 241h Street and 80th Avenue NE should undergo scrutiny, and that there were a
number of other obscured intersections in Medina. Such obstruction resulted in an inability to see
joggers, as well. Council Member Morgan noted that the brush also presented a problem on
Evergreen Point Road north of 1-520 in the area of Fairweather Park.
EXECUTIVE SESSION
At 9:30p.m. and under authority of RCW 42.30.140 4 (b), an Executive Session was held for the
purpose of discussion of personnel issues. No action was taken during the Executive Session.
ADJOURNMENT
At 10:05 p.m. the Council reconvened the Regular Session. Council member Cohen moved to
adjourn the June Regular City Council Meeting, seconded by Council Member Demitriades. All
were in favor, and the meeting was adjourned at 10:05 p.
D niel . Becker, Mayor
Attest: / P q )P J— /�cV+'�',,/� f�
Caroll P. Wedlund, Interim City Clerk