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HomeMy WebLinkAbout01-08-2001 - MinutesMEDINA CITY COUNCIL PUBLIC HEARING AND REGULAR MEETING MINUTES January 8, 2001 Medina City Hall 7:00 PM 501 Evergreen Point Rd. Mayor Pro Tern Morgan called the public hearing and regular meeting of the Medina City Council to order at 7:00 p.m. The meeting was recorded on audiotape. ROLL CALL Present: Council Members Paul Demitriades, Suzanne Cohen, Mary Odermat, Steve Preston and Mayor Pro Tern Morgan Absent: Mayor Dan Becker and Council Member Lawrence Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Planning Director Jenny Schultz, and Interim City Clerk Caroll Wedlund ANNOUNCEMENT Council Member Demitriades announced he and Mayor Becker had attended a special meeting of the Eastside Transportation Partnership regarding Sound Transit. He continued there was local concern regarding the bonded indebtedness of the Phase One light rail encompassing the whole system. Council Member Demitriades pointed out the Sound Transit board would vote in the near future to continue pursuing the $500 million federal loan and to proceed with completion of Phase One. Council Member Demitriades reported that today was the effective date for the Endangered Species Act 4(d) rule. Council Member Demitriades explained the Trans -Lake Project Executive Committee and Advisory Committee would meet on Wednesday, January 10, 2001. He indicated several Council Members and citizens would be in attendance regarding the high capacity Lake Washington crossing, and that a tunneling estimate would also be reviewed at this meeting. Council Member Demitriades also stated he, Council Member Morgan and Mayor Becker had met with Discovery Institute personnel who were proposing some additional tunneling studies. Council Member Demitriades continued he had been requested to discuss a toll payers' bill of rights at several citizen organizations, and he would be discussing this issue with the Transportation Commission in Olympia on January 17, 2001. He promised to furnish Council Members with his proposed remarks regarding the necessity for a toll payer's bill of rights. Council Member Demitriades announced the Personnel Committee would meet in Executive Session on January 9, 2001 to discuss evaluations. Council Member Demitriades added Council Member Lawrence would not be able to attend this meeting, but he and Council Member Odermat would be present for a quorum. City Manager Schulze referred to the Arch 2001 budget summary for the Council consent agenda. He introduced Art Sullivan, Executive Director for the Arch Regional Coalition for Housing. Mr. Sullivan briefed the Council regarding the Arch program and thanked them for the City's participation. City Council Meeting January 8, 2001 Page 2 CONSENT AGENDA Council Member Odermat moved, seconded by Council Member Cohen, to approve the consent agenda. The motion was passed by unanimous consensus. PUBLIC SAFETY REPORT STAFF REPORTS Police Chief Knapp updated the Council regarding Police Department activity during the past month, reported a number of car prowls, and displayed a map depicting the locations. He reported this crime spree included entering unlocked garages, and vehicle theft had been involved. Chief Knapp cautioned Council Members not to leave their homes, garages or vehicles unlocked. Chief Knapp relayed an officer had pulled over a vehicle containing stolen mail from Medina, Clyde Hill and Bellevue residents. He reminded those present to mail sensitive letters at the post office, and to check their mailboxes soon after delivery or to receive all their mail at the post office, as mail and identity theft were recurring problems. Chief Knapp briefed the Council regarding the Police Department's accomplishments during the past year, and thanked them for their support. Chief Knapp also reported having just hired a new Records Manager with 24 years of police department experience. PLANNING DEPARTMENT REPORT Planning Director Jenny Schultz announced the new hearing examiner would begin in February, and in the meantime, the Board of Adjustment would remain. She continued the Planning Commission had proposed remaining in their present capacity for a few months until the transition was complete. Mayor Pro Tem Morgan asked whether the Planning Commission would have meetings in the future. Planning Director Schultz responded the Planning Commission did not plan to disband, adding she envisioned much more construction mitigation plans in the future. Council Member Demitriades asked what the City had done to implement a biological assessment for new permits, in view of the ESA (4d) rule becoming effective today. Planning Director Schultz replied she was working with Roth Hill Engineering personnel to address the issues, that a Department of Ecology Endangered Species Act checklist addition to the permit packet was forthcoming this month, and that she would work with the City Attorney to review risk assessment. Council Member Odermat inquired if anything had been done to satisfy citizens regarding the Shirley mitigation. City Manager Schulze stated such action might further postpone the project completion date. City Manager Schulze announced City Attorney Wines, City Planning Director Schultz, Building Official Erickson and he had visited the site earlier in the day. The mitigation plan would be reviewed in a roundtable discussion later this month to address some of the concerns expressed by neighbors, to update the mitigation plan, and to reach resolution, City Manager Schulze explained, and any appeal would proceed to the Planning Commission. He reviewed the complaints received for this property, including a variety of issues called for in the mitigation plan. City Planning Director Schultz relayed the Building Official's decision to count certain structures that had previously not been calculated for lot coverage. She explained the Planning Commission had approved several swimming pool applications because the Commission believed not enough notice had been given to the public prior to implementation of that interpretation. She added staff was still receiving applications that were triggering this interpretation. City Planning Director Schulz indicated she had met with the Building Official to discuss several options to remove a majority of these projects from the present interpretation. City Council Meeting January 8, 2001 Page 3 She inquired whether the Council would be interested in a resolution which would temporarily suspend enforcement until a subcommittee could determine whether it was possible to determine a faster solution to this problem. Mayor Pro Tern Morgan suggested discussion regarding this issue be deferred to later in the meeting under New Business. AUDIENCE PARTICIPATION Mayor Pro Tern Morgan opened the meeting to the audience for non -agenda items. David Cox 312 Overlake Drive East Medina Mr. Cox spoke was opposed to the proposed Trans -Lake Washington Project tunnels. He was of the opinion that it would not only have a negative impact upon taxpayers, but also increase traffic congestion, and encouraged the Council to oppose such action. Mr. Cox requested citizens have an opportunity to obtain more facts regarding this controversial issue. Council Member Demitriades suggested Mr. Cox send an e-mail be sent to Trans -Lake, Sound Transit and WSDOT expressing his concerns. Henry Paulman 1415 — 80th Avenue, Medina Mr. Paulman announced his affiliation with an organization called TRUST (Tolls Represent Unfair State Taxes). In that capacity, he and several others were traveling to Olympia to determine what legislation was being proposed for projects involving SR 520. Mr. Paulman suggested anyone with questions regarding cellular antennas or any other legislation affecting Medina to send him e-mail so he could relay the message in Olympia. OTHER BUSINESS SECOND PUBLIC HEARING FOR ORDINANCE NO. 698 RELATING TO THE PROTECTION AND PRESERVATION OF LANDMARKS IN THE CITY OF MEDINA Council Member Preston inquired about feedback from the Medina Grocery property owner. City Planning Director Schultz responded she had met a week prior with Mrs. Lee and her architect regarding the ordinance. City Manager Schulze added about two weeks ago he, Council Member Odermat, Mayor Becker and City Planning Director Schultz had also met with the property owner. City Planning Director Schultz updated the Council regarding this meeting, indicating they had discussed a variety of different options for the grocery store. Council Member Odermat interjected the property owner had indicated during the most recent meeting if people did not want a store there, she would be happy to have a residence on the site. She added ideally what the property owner wanted was a store with living quarters above it. Planning Director Schultz indicated at the most recent meeting, the property owner had discussed potentially building a new structure consisting of a store and second story office located toward the front of the street in a similar location as the present structure. She continued the owner had also talked about a coffee shop with out door seating, adding they would be meeting again with the architect in several days. Mayor Pro Tem Morgan pointed out Ordinance No. 698 consisted of two parts, the first of which proposed to establish a mechanism for protection of landmarks in Medina, the second establishing a register for this purpose. He understood additional structures could be added to the list of protected properties. Mayor Pro Tern Morgan announced there were advantages that accrued to an owner of such landmark properties, such as tax and other minor advantages. He added there were disadvantages in that full utilization had to be approved by the Landmark Preservation Board. The Landmark Preservation Board initially would be comprised of the seven members of the Council, until they could obtain citizen volunteers to serve, said Council Member Demitriades. He pointed out the ordinance provision for appeal of an written petition with the Med na C ty Clerk k within 21al decision t days of that decision. o the Medina rkHeeal Nation Board by filing a also noted the remodeling limitations inherent with an historic landmark. City Council Meeting January 8, 2001 Page 4 Richard Hines 7715 Overlake Drive West Medina Mr. Hines announced there were a couple of other Medina structures on the national Historical Preservation Register. He noted the Eddy (now Dillows) residence on Evergreen Point Road, as well as the Kranda home on Overlake. Mr. Hines was of the opinion if something qualified also be on the local register. Council Member Cohen clarified one oft of categories inaOrdinance registr,should 698 for designation as an historic structure was that it be on the state or national register, so there would still be a requirement of going through the nomination process. Mayor Pro Tern Morgan requested Mr. Hines to obtain the exact addresses of these homes so that the owners could be contacted. Henry Paulman, 1415 — 80'h Avenue NE, Medina Mr. Paulman referred to an earlier letter from his neighbor John Frost to the Council, and relayed when Mr. Frost ran the Medina store, he was under constant threat of code compliance requirements. Both John Frost and the present owner allowed the building to deteriorate, said Mr. Paulman. He emphasized to presuppose this building would ever again be a grocery store was beyond the realm of reason. Cindy Pigott, 1031 Evergreen Point Road Medina Ms. Pigott emphasized the store should be retained. She was of the opinion the property owner would oppose the store being part of the historical register, and did not think moving it to another location was desirable. Charles Pember, 7617 NE 8"' Medina Mr. Pember commented he had been in the grocery business for 25 years, and there was not a wholesaler in the region who could make a profitable delivery to the Medina Grocery, because profit was based upon volume. Operating a store as a grocery without selection and square footage was totally unrealistic, he said. Mr. Pember was of the opinion the grocery store would not be financially supported by the public. He inquired when would be an appropriate time for citizens to submit signatures to the City. Mr. Pember also asked how a new structure would fit in with the Comprehensive Plan. City Planning Director Schultz replied the property owner would be required to apply for a conditional use permit, for Planning Commission consideration. She continued that would be the appropriate time to submit citizen signatures. Mr. Pember also asked about the status of the building preservation anyone could nominate a residence, however, it would not be p acedn is r untilttorney there had be nea hearing before the Medina Landmark Preservation Board. Council Member Morgan added there were several ways a residence could be placed on the register, and a number of ways it could remain off of it. Mr. Pember inquired about the Medina Grocery. Planning Director Schultz replied the zoning was residential, but the comprehensive plan designation was for business use. She continued the store would be limited to the zoning regulations, with setbacks and height limitations the same as a home would be. If it were to be utilized for business use, the grocery zoning would have to be consistent with the community goals and intent, said Planning Director Schultz. Arthur Dietrich 707 Overlake Drive East Mr. Dietrich was of the opinion Ordinance No. 698 should contain a clause giving the homeowner veto power to stop the landmark preservation process. Following discussion, the Council agreed by consensus to postpone any action for Ordinance No. 698. DISCUSSION REGARDING CONTINUATION OF ORDINANCE NO. 699 DECLARING A MORATORIUM ON THE DEMOLITION OF BUILDINGS OF HISTORICAL SIGNIFICANCE Council Member Cohen moved to adopt and amend Ordinance No. 699 to extend it six months into the future. The City Attorney stated it would require a new ordinance and a public hearing to continue the City Council Meeting January 8, 2001 Page 5 moratorium beyond the initial two -month period. Council Member Cohen amended her original motion, seconded by Council Member Demitriades, to adopt Ordinance No. 699, but to declare the moratorium extended four months to May 20, 2001 in a new ordinance. The vote passed by a majority of the Council Members, with Council Member Odermat abstaining. AMENDMENT TO ORDINANCE NO. 701 AMENDING MEDINA MUNICIPAL CODE TITLE 2 TO CREATE THE POSITION OF HEARING EXAMINER City Manager Schulze explained the Council had adopted Ordinance No. 701 creating the hearing examiner position at the last Council meeting, and this amendment was based upon further information received since the original adoption. Planning Director Schultz clarified Ordinance No. 701, noting that it contained three different amendments. The first amendment, 2.78.020, was a clarification of the Council's role in reviewing the hearing examiner applicants when they apply for the position. She stated the Hearing Examiner would be required to report to the Council biannually or annually, as needed, to make recommendations regarding observed conflicts or trends with requests for variances. However, this person would update the Council on a regular basis. There would also be a transition period while the Board of Adjustment and Planning Commission performed their duties, Planning Director Schultz added. City Manager Schulze stated Jim Driscoll had suggested at the December Council meeting that the Council meet with the Hearing Examiner to discuss how to fix problems as well as the intent of various ordinances. He added the historical record would be kept through the Planning Department as well as the notices of decision. Council Member Demitriades moved, seconded by Council Member Cohen, to adopt Ordinance No. 701 to amend Medina Municipal Code Title 2 to create the position of hearing examiner, with the amendments as proposed. Ordinance No. 701 was passed by unanimous consensus. PUBLIC HEARING — ORDINANCE NO. 705 ESTABLISHING HEARING EXAMINER FEES Council Member Cohen moved, seconded by Council Member Demitriades to adopt Ordinance No. 705 to establish the hearing examiner Fees. City Attorney Wines stated this was a best estimate, based upon speaking with hearing examiners, how much time an average case would take and the amount charged per hour. City Planning Director Schultz added the estimate of $150 per hour for an average 6.6 hours per application included commuting, attending the hearing, conducting the initial review and site visit, and drafting the report and decision. She added site visits would be passed through to the applicant as a consultant fee. City Manager Schulze noted the hearing examiner fee would provide an incentive to the applicant to have a complete submittal, to do their homework up front and to have professionals assist with their projects. He added there could be some fairly significant increases for some types of permits. City Manager Schulze declared the cost to the City for a variance could be anywhere from $750 to $1,000 minimum. One Council Member noted in many cases variance applicants were receiving a real deal subsidized by those who where not applying for variances. Council Members voted unanimously to adopt Ordinance No. 705. DISCUSSION REGARDING MEDINA CITY COUNCIL GOALS FOR 2001 Council Members voted by unanimous consensus to table discussion of 2001 Medina Council goals to a later meeting. City Manager Schulze stated he would determine dates for a Council follow-up retreat. NEW BUSINESS 2001 COUNCIL STUDY SESSION AGENDAS Mayor Pro Tern Morgan indicated the Council should establish 2001 Council Study Session agenda items at the next Study Session. He suggested Council Members think about agenda items they wished to propose for that meeting, and that a list be established and prioritized for the next Study Session. Mayor Pro Tern Morgan stated extra committee meetings put strains on staff members and unbudgeted demands upon the City. He proposed limiting committee meetings to action items only. Mayor Pro Tem Morgan also requested 48 hours advance notice by email of background information for action items, so City Council Meeting January 8, 2001 Page 6 committee members could render an informed decision and make a recommendation to the Council. Council Member Preston indicated other Council Members had different ideas about how to resolve difficulties, and he wished to wait until all Council Members were present before making any requests to the City Manager. RESOLUTION NO. 273 ESTABLISHING 2001 STUDY SESSION DATES FOR THE MEDINA CITY COUNCIL Council Member Cohen moved, seconded by Council Member Demitriades, to pass Resolution No. 273 Establishing 2001 Study Session Dates for the Medina City Council. The vote was unanimous for those present to pass Resolution No. 273. DISCUSSION OF THE BUILDING OFFICIAL'S INTERPRETATION OF STRUCTURAL LOT COVERAGE City Manager Schulze announced the Planning Commission's role was to advise the Council regarding land use issues, to discuss, review and make recommendations to the Council. Mayor Pro Tem Morgan was of the opinion the Building Official's interpretation had some merit, but the cost might put an unwarranted burden upon the applicant. If the Planning Commission could address this issue and make a recommendation, Mayor Pro Tern Morgan was in favor of it. SR 529 EVERGREEN POINT BRIDGE STORM WATER RUNOFF INTO LAKE WASHINGTON Council Member Demitriades announced when the Trans -Lake I studies were conducted, the State Department of Transportation (DOT) had been requested and agreed to prepare an early action plan for the 1-520 corridor. He continued now it was into the Trans -Lake II phase. On June 7, 2000 DOT personnel had prepared the Trans -Lake Early Action Storm Water Runoff memo recommending no action. He proposed a letter signed by Mayor Becker be sent to the Governor's Salmon Advisor to bring some pressure upon DOT to develop an acceptable plan. City Manager Schulze referred to the map accompanying the January 4, 2001 storm drainage system memo from Public Works Superintendent Burris. City Planning Director Schultz suggested City personnel conduct an analysis and risk assessment before proceeding any further. City Manager Schulze cautioned the City did not have the resources to keep up with cities like Bellevue and Mercer Island. There was consensus to send a letter to the Governor's Salmon Advisor regarding untreated runoff from the 1-520 Evergreen Point Bridge into Lake Washington. POINT OF ORDER At 9:25 p.m., and under authority of RCW 42.30.110, an Executive Session was held for the purpose of discussion of pending litigation. By unanimous consensus, Council members closed the Executive Session at 9:40 p.m. ADJOURNMENT Council Member Demitriades moved to adjourn the Regular City Council meeting, seconded by Council Member Preston. All were in favor, and the meeting was adjourned at 9:40 p.m. Attest: 4Dani4el. Becker, Mayor 'o—"? ez� Cj,14_ ( L �_ 1'1_( Caroll P. Wedlund, Interim City Clerk