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HomeMy WebLinkAbout08-14-2000 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES August 14, 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 Paul Demitriades, Jim Lawrence, Thomas Morgan, Mary Odermat, Steve Preston and Mayor Daniel Becker Absent: Council Member Suzanne Cohen Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, and Interim City Clerk Carol[ Wedlund. Absent: Public Works Superintendent Carl Burris and City Planning Manager Jenny Schultz ANNOUNCEMENTS Mayor Becker announced that there would be a discussion later in the meeting regarding 841h Avenue NE and Points Drive. CONSENT AGENDA Council Member Demitriades moved, seconded by Council Member Lawrence, to approve the consent agenda. All were in favor. A. Minutes from Regular City Council Meeting of July 10, 2000 B. Minutes from City Council Study Session of July 24, 2000 C. Approval of July, 2000 Warrants/Treasurer's Report Regular Warrants - #13939 - #134049 $392,583.98 Personnel Warrants - #17396 - #17465 $151,085.91 NEW BUSINESS WSDOT Request to Become a Cooperating Agency in Trans -lake Washington EIS Project _ City Manager Doug Schulze announced that the Technical Committee met on August 8, 2000 to discuss proposed screening criteria that would be used in the Environmental Impact Statement (EIS) City Council Meeting August 14, 2000 Page 2 process. He continued that a two and a half step process had been recommended for identifying alternatives to be included in the EIS. City Manager Schulze indicated that those alternatives that made it through these criteria levels would proceed to the Executive Committee to be considered for approval in the EIS for the Trans -Lake Project. City Manager Schulze stated that during the next meeting scheduled for September 18, 2000, the final screening would be identified. City Manager Schulze continued that the Committee had requested a tour of Medina neighborhoods near SR-520, and that as soon as a time and date were determined, he would so inform the Council. Council Member Morgan asked about the criteria the Executive Committee would use to decide which alternatives to use. City Manager Schulze responded that it would not be a political process, and that the options would be those recommended by the Trans -Lake Study Committee, as well as those identified during the scoping process. He added that the third crossing was included in the choices. He noted that in October the Executive Committee would create a Mitigation Task Force that would be a sub -part of a committee to consider mitigation issues. City Manager Schulze continued that some of the Task Force discussions would involve how decisions would be made. Council Members will be updated as the process develops. STAFF REPORTS PUBLIC SAFETY REPORT Police Chief Knapp announced that in July, the City had experienced its fifth burglary for the year, via entry through a closed, but unlocked window. He indicated that nothing had been taken, and reminded those present to lock their homes and to turn on their alarms when leaving. Chief Knapp continued that there had been another instance of identity theft, whereby a social security number had been taken, and that number used to apply for a credit card. He noted that the company had contacted the victim, who had alerted the authorities. Chief Knapp promised to include an article regarding identity theft in next month's newsletter, as well as to include some website addresses. Chief Knapp indicated that there had been one hate mail case last month, which appeared to be literature that had not been addressed. Chief Knapp reported that the bike patrol had begun on July 10, and that the bike officers had done an excellent job of protecting the community. He noted that this was a costly endeavor, due to the small number of Police Department staff. With regard to the issue of traffic, Chief Knapp reported that it continued to be a challenge, especially since metering had begun on August 14. He pointed out that the idea was to slow traffic down during the first stage of ramp metering. He also noted that two people could be defined as a car pool only down the ramp onto SR-520, and that motorists must merge immediately into the bridge traffic flow. Chief Knapp also announced that the Police Department had received a grant of $1,000 to pay for the officers on overtime that would be on hand to assist when school began. He continued that the Department had also received a federal grant that would pay 95 percent of the cost for a radar reader board which would be installed within a couple of weeks. City Council Meeting August 14, 2000 Page 3 DISCUSSION Update on NE 24th Street City Manager Schulze stated that the water main on NE 24th Street had been completed, and that pressure testing and water sampling were projected for the very near future. He indicated that it would take approximately three weeks to switch over all the service lines on NE 241h Street, and that once that was completed the catch basins would be set. City Manager Schulze continued that this would be followed in September by pouring driveways, and by overlays. He pointed out that the water main installation had gone smoothly, and that the contractors had been able to gain a couple of days on the projected completion date as a result. City Manager Schulze indicated that he had consulted with the contractors, due to the number of complaints received regarding the project. He noted that NE 24th Street was a construction zone, and that it was dangerous to drive a vehicle through it, because there was no definition of a safe driving lane on that street. Therefore, the decision had been made to close down the street, except for residents who needed access to their property from NE 24th Street. City Manager Schulze indicated that this closure would be in effect until the Overlake portion of the project was completed. Council Member Morgan announced that on the way to the Council meeting, he had noticed that approximately 50 percent of the vehicles proceeding north on Evergreen Point Road had turned right onto NE 241h Street. He found it hard to believe that these people all needed access to their property from NE 24th Street. Chief Knapp responded that for the first two weeks of school, there would be an officer posted nearby for one hour at the beginning and at the end of the school day. Council Member Demitriades stated that it would be better if students were bussed from Clyde Hill to their schools. Report on Medina Days Medina Days Chair Joseph Brazen announced that Medina Days had become larger and better over the last couple of years, and that 250 residents had donated money to the project this year. He noted that the Medina Days budget was $24,500, and that there had been some money left over to roll over to next year. Mr. Brazen added that attendance at the Concert in the Park was nearly double that of last year. He indicated that there had been nine block parties, which were a great success. Mr. Brazen reported that the fireworks and dancing had both been successful events, and that Medina Heights had won the softball tournament. He requested that the softball field turf be less hard next year. Mr. Brazen also commented that the information booth inside City Hall was well received by the residents. He suggested that a notice be placed in the Medina newsletter before this event next year to solicit people with older versions of the Medina Days tee shirts to pose for a group picture that could be displayed inside City Hall. AUDIENCE PARTICIPATION Mayor Becker opened the meeting to the audience for non -agenda items. JET NOISE Dr. Bob Rudolph, 1455 Evergreen Point Road, gave the Council an update on the status of the jet noise issue. He reported that volunteer organizations Eastside Citizens Against Aircraft Noise (ECAAN) and Citizens for Airplane Noise Equity (CANE) had filed suit against the Port of Seattle, and that they would continue to push for increased use of the Duwamish corridor for departing jets. City Council Meeting August 14, 2000 Page 4 TRANS -LAKE WASHINGTON EIS PROJECT -- Henry Paulman, 1415 — 80" Avenue NE, addressed the Council regarding the Trans -Lake Washington EIS project. He requested that City Manager Schulze take a video recording of the PBS presentation, "The Big Dig Project" in Boston, Massachusetts, to the Trans -Lake Technical Committee meeting, as proof that tunnels are possible. ORDINANCE NO. 659 — APPEALS TO PLANNING COMMISSION DECISIONS Mr. Paulman addressed the issue of petitions to Superior Court with regard to Ordinance No.659. The ordinance amended the Medina Municipal Code to provide for appeals from decisions of the Planning Commission to Superior Court and to eliminate closed record appeals before the City Council. He requested that the appeal period be increased from 21 days to a 31-60 day time frame. Mr. Paulman also suggested that it might be better to handle appeals to Planning Commission decisions within the City structure, as opposed to Superior Court. DISCUSSION MOU WITH WSDOT AUTHORIZING 84T" AVE NE & SR-520 RAMP METERING Mayor Becker informed those present that a year ago, the Points Cities and Towns had approached the Washington State Department of Transportation (WSDOT) and requested that something be done about the congestion on NE 24th Street. WSDOT's reply was that the only solution for this congestion was metering. He continued that the Points Cities and Towns had reluctantly replied that they would consider such an option, with the understanding that if metering did not achieve a 30 percent reduction in the congestion, they would take alternative action. Mayor Becker stated that the City had reached an agreement that access onto SR-520 would be permitted around the meters with a two -person car pool merging immediately into the bridge traffic flow. He noted that on September 18, 2000, WSDOT would turn on the meters at several other nearby locations, and that two months after their installation, the Points Cities and Towns would again meet with WSDOT to determine how effectively the meters were handling the traffic congestion. Mayor Becker continued that the option of restriping 84th Avenue NE had been discussed with the City of Clyde Hill, in order to reduce the bike lane width to possibly create three lanes from NE 12th Street to NE 24th Street. He pointed out that WSDOT would also be conducting a traffic count. City Manager Schulze added that Clyde Hill also had a traffic counter. Council Member Preston interjected that the Council was concerned about the traffic congestion. Council Member Morgan referred to flyers that had been distributed throughout nearby communities along SR-520, noting that the City of Medina had not been furnished with a copy. He suggested that the flyer target date of July 31, 2000 for distribution of public information to the local communities be changed to "as soon as possible, but no later than August 21, 2000". Council Member Morgan turned to the issue of traffic safety, noting that he had received two phone calls from residents regarding near accidents. He specifically mentioned joggers running on the bike path going south on 84th Avenue NE, and added that a Metro bus had forced a northbound vehicle completely into the oncoming traffic on that same street. Council Member Morgan reported that there had been a number of altercations at the Hunts Point ramp entrance. He also mentioned that there had been numerous motorists making u-turns that carried them into the bike path on 84th Avenue NE. He suggested that for the next few days, someone was needed to calm the situation and to ensure that such danger did not occur too frequently. Mayor Becker assured those present that the City of Clyde Hill was strictly enforcing bike lane violations on their side of 84th Avenue NE, and that restriping of that street would need the City of Clyde Hill's agreement. City Council Meeting August 14, 2000 Page 5 An unidentified woman in the audience announced that motorists were cutting in at the Union 76 Station. Chief Knapp responded that the Police Department stationed officers near that location as often as possible, and that there would soon be enforcement from a point that was not quite as visible, so that motorists would not be able to see violating motorists until they had jumped the traffic queue. The same woman suggested that a sign be posted which stated, "No lane change beyond this point". Another unidentified woman from the audience recommended that the reader board could serve as a reminder. Council Member Morgan moved, seconded by Council Member Odermat, to authorize the Mayor or the City Manager to enter into a Memorandum of Understanding with WSDOT, and that the information on the flyers be changed from July 31 to August 21, 2000. The motion carried unanimously. DISCUSSION REGARDING MEDINA GROCERY Mayor Becker addressed the audience, indicating that the Council was interested in citizen opinions regarding the Medina Grocery closure. He added that the Council was reviewing the City's options regarding this issue. Marion Meden, 3256 Evergreen Point Road, indicated that the Medina Grocery had been in existence for a long time, and had served the City's residents well. She suggested that it either be purchased or that historical recognition could be explored. Ms. Meden was hopeful that the grocery store could be saved. Karen Voorhees, 10434 NE 17th Street, Bellevue 98004, gave a letter addressed to the Council to the City Clerk. Ms. Voorhees stated that she had grown up on NE 4th, and was of the opinion that the grocery store was worth saving. She indicated that while the City did not own the store, it had a fiduciary responsibility to uphold the usage and to preserve the variance allowed by the fact that it had been built in 1908. Susan Potts, 8443 NE 6th Street, echoed Ms. Voorhees' statements. However, she was hopeful that the City would not purchase the property, noting that the City would be held to a stronger standard than would the citizens. She encouraged any new owners to keep the usage as a store. Patricia Flug, 322 Overlake Drive East, repeated the sentiment expressed by her predecessors regarding the Medina Grocery. She had no special comments regarding the use of the store, but wanted to lend her voice to those who desired to save it, noting that the Medina Grocery was the "heartbeat of the community". Reliance Ricketts, 3245 — 78th Place NE, queried what had happened to the Medina Grocery. She asked why the Council could not take a position regarding the status of the property. Ms. Ricketts emphasized that the City needed to "preserve the essence of what the store was all about", adding that the citizens should be kept informed regarding what had occurred. Ron Santi, 7842 NE 8th, did not think the community was as concerned with who owned the property, as it was with making the situation economically feasible for whomever owned the business. On behalf of the community, he requested that the Council give assurance that no one would "drop the ball". Mayor Becker affirmed such assurance. City Manager Schulze reported that he had had four different discussions with the current owner, as well as several conversations with the former store operator. He related that from listening to both City Council Meeting August 14, 2000 Page 6 parties, there had been an inability to come to terms with the lease agreement. City Manager Schulze informed those present that the present owner did not have any plans regarding her intentions for the building. City Manager Schulze added that he had expressed to the owner the City's interest in not having the building demolished, and in having some time to consider a method of preserving the store, so that it could continue to exist in the community. He announced that the City had internally done some preliminary work regarding zoning issues, noting that there had been a lot of concern from community members regarding the conditional use permit expiration on September 1, 2000. City Manager Schulze pointed out that in order for the existing conditional use permit to remain intact, the store would have to be re-established with its present use by midnight on August 31, 2000. City Attorney Kirk Wines added that the City had heretofore allowed the grocery store to operate as a non -conforming use. City Manager Schulze noted that the property was a sub -standard lot. He indicated that there were some issues related to the building, electrical and plumbing codes that would need careful review and consideration by whomever purchased the property. City Manager Schulze commented that there were also issues related to the possible use of the building and how the Americans with Disabilities Act codes might apply that could require some additional code compliance expenses. He explained that the City was in the information gathering stage. City Manager Schulze relayed that he had talked with several people in the community who wanted to ensure that the structure continued to exist, whether it be through financial contributions or by giving advice to save the building. City Manager Schulze announced that the Council would be meeting in a retreat next week, and that the Medina Grocery would be an agenda item. He indicated that the direction given to him by the Council was to open a dialogue with the current owner. Mayor Becker added that the Council had passed an emergency ordinance the week before prohibiting any demolitions in Medina for the next 90 days. He added that there was currently a conditional use permit attached to the property that would expire in less than 30 days. Therefore, if the store were not again operating in that capacity by that time, it would convert back to residential use. Mayor Becker continued that if someone wished to operate the building as a store after that, that person would have to go through the City's conditional use process. City Attorney Kirk Wines explained that Medina Building Official Lowell Erickson had permitted the property owner to allow the tenant to continue business, as long as there were no safety concerns. He cautioned that the building would not be able to withstand an earthquake or a windstorm. City Attorney Wines indicated that the Building Official had granted special consideration due to the age of the building, coupled with the difficulty in bringing it up to the current code. He added that the public was not allowed on the second floor. Resident Susan Potts voiced concern about the City potentially purchasing the Medina Grocery property, and then operating it as a private -public partnership. City Manager Schulze replied that there were a number of different options that the City would be exploring, and the City could examine the outcome of such a scenario. Council Member Morgan emphasized that it was very clear what the majority of the citizens wanted the Council to do. City Manager Schulze added that the conditional use permit placed a cap with regard to the property use, so that when the permit was approved, the use of the property at that time was the maximum that could be allowed. A more intensive use could not be placed on the property, and it could not generate a significant amount of traffic. However, it would not protect the property from a use that was less intensive, such as residential. Mayor Becker thanked the audience for their comments and promised that the Council would take their concerns under consideration. City Council Meeting August 14, 2000 Page 7 ORDINANCES/RESOLUTIONS Ordinance No. 687 — AN ORDINANCE RELATING TO STRUCTURES AND OBJECTS IN UNIMPROVED PORTIONS OF PUBLIC RIGHTS -OF -WAY PROVIDING FOR A PENALTY FOR VIOLATION AND REMOVAL AT THE ADJOINNG PROPERTY OWNER'S EXPENSE City Manager Schulze announced that this ordinance had committee endorsement, and was recommended for Council approval. Mayor Becker suggested that the definition section be clarified, and that a preamble would make it easier to understand. City Manager Schulze responded that the present ordinance contained a preamble, and that Ordinance No. 687 was an amendment. He explained that Section 12.32.050, Removal Conditions, was not retroactive. Council Member Morgan referred to Section 12.32.070, and explained that items excluded in this section must be removed. He added that the ordinance was written for both safety reasons and to reduce the City's liability, and that the only requirement was to move the allowed items back twenty-four inches in the rights -of -way. City Manager Schulze pointed out that the individually placed rock or timber had been specifically added so that Medina homeowners could discourage parking in a landscaped or grass area in front of their homes. He added that the City Engineer had been involved in drafting the language, and that the Washington Cities Insurance Authority (WCIA) wanted this change, in order to reduce the City's liability. City Manager Schulze pointed out that the City had tried to identify some of the problem structures from a public safety perspective and balance the desires of the community and maintain the rights -of -way. Council Member Morgan interjected that this was a balancing act between the City Manager's statement regarding WCIA's desires and the long-standing requirement by Medina ordinance that the homeowner must maintain the undeveloped portion of the right-of-way. City Manager Schulze added that many citizens did not understand that the right-of-way was public, but it was also part of their property. Mayor Becker proposed that the Council mandate the addition of definitions, and to add a preamble to the ordinance. The Council agreed by consensus to add two whereas clauses, a new Section 12.32.003 Purpose, and Section 12.32.005, Definitions, to Ordinance No. 687. NEW BUSINESS WSDOT Request to Become a Cooperating Agency in Trans -Lake Washington EIS Project City Manager Schulze explained that the Washington State Department of Transportation (WSDOT) had requested via letter that the City of Medina become a Cooperating Agency in the Trans -Lake Washington Project Environmental Impact Statement process. He stated that the Technical Committee had several discussions regarding what it meant for agencies already participating in the process to claim cooperating agency status. City Manager Schulze announced that the consensus of the Committee was that there were no benefits by becoming a cooperating agency. He continued that the City had access to legal counsel that had been hired to assist the City review the document for concurrence or disagreement with the City Manager's recommendation. City Manager requested direction from the Council regarding declining the offer to become a Cooperating Agency, with the consideration of legal counsel, and in clarifying the City's position that no additional responsibilities or benefits to the City would be attained beyond those already achieved as a member of the Executive Committee and the Technical Steering Committee. The Council agreed by consensus with City Manager Schulze's recommendation to decline the offer, subject to submission of the document for legal review. City Manager Schulze indicated that the City should respond by September 13, 2000, two days after the next Council meeting. Restriping of 84th Avenue NE Council Member Morgan asked City Manager Schulze if an agreement was reached, how long it would take to re -stripe 841h Avenue NE. City Manager Schulze replied that it would depend upon the City Council Meeting August 14, 2000 Page 8 availability of the contractor to complete the job. Council Member Morgan asked about the possibility of having signs created which would prohibit lane jumping. City Manager Schulze responded that he would check with the Department of Public Works to determine whether or not Medina had such capability. He also agreed to find out whether or not WSDOT was responsible for their installation. COUNCIL RETREAT Resident Craig Shank asked what the Council had planned for their retreat on August 21, 2000. City Manager Schulze responded that there were four different parts to the proposed agenda that related to discussion of strengthening the leadership team, group communication between the Council and the City Manager, the Council process, task force use, and making the Council meetings more effective. After tackling these issues, City Manager Schulze continued that the Council would address City issues, including mutual topics of concern to both Council members and to the community. He added that the Council would receive a written report from the facilitator as follow-up to the Council retreat. Council Member Morgan interjected that the Council held such goal -setting sessions every year. Mr. Shank asked how the citizens could receive such feedback. Council Member Preston suggested that he read the Council Retreat facilitator's last report and provide his thoughts to the City Manager. EXECUTIVE SESSION At 9:25 p.m. and under authority of RCW 42.30.140 4 (b), an Executive Session was held for the purpose of discussion of disposition of property. By unanimous consensus, Council members closed the Executive Session at 11:45 p.m. ADJOURNMENT At 11:45 p.m., the Council reconvened the Regular Session. Council Member Preston moved to adjourn the August Regular City Council meeting, seconded by Council Member Odermat. All were in favor, and the meeting was adjourned at 11:45 p.m. DTn__ie1,t. Becker, Mayor Attest: Caroll P. Wedlund, Interim City Clerk