HomeMy WebLinkAbout02-12-2001 - MinutesMEDINA CITY COUNCIL
PUBLIC HEARING AND REGULAR MEETING MINUTES
February 12, 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, 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, Planning
Director Jenny Schultz, and Interim City Clerk Caroll Wedlund
PRESENTATION OF PUBLIC SAFETY AWARDS
Chief Knapp recognized Officers Coblantz and Yourkoski for their exceptional service to the city and to the
Police Department, and for their dedication to excellence.
ANNOUNCEMENTS
Mayor Becker announced a Trans -lake Executive Session to be held Wednesday, February 14, 2001 at the
Redmond Regional Library. He also indicated an Executive Session would be held following tonight's
Council meeting.
CONSENT AGENDA
Council Member Cohen moved, seconded by Council Member Demitriades, to approve the consent
agenda. The motion passed by unanimous consensus.
STAFF REPORTS
PUBLIC SAFETY REPORT
Police Chief Knapp updated the Council regarding Police Department activity during the past month, noting
car prowls continued to be an issue in Medina. He cautioned the audience to not only lock their vehicles,
but also to remove anything of value.
Chief Knapp reported a drive -by shooting of two automobiles in Medina, one of which contained two
security people. He relayed Department personnel were currently investigating the case.
Council Member Demitriades inquired about the school -crossing situation. Chief Knapp replied an officer
was in place every morning and afternoon, and had found no evidence of the reported speeding vehicles.
PLANNING DEPARTMENT REPORT
Planning Director Jenny Schultz announced the interim hearing examiner would begin on February 20,
2001, and interviews would soon commence for the permanent hearing examiner. She also referred to
resident John Dern-Palmer's proposed letter to the Medina Grocery property owner, noting he had
requested Council review and endorsement before sending it to her.
PUBLIC WORKS REPORT
Public Works Director Carl Burris relayed he was awaiting a final walk-through inspection for the NE 24'h
Street and Overlake Drive construction projects. He also reported Public Works personnel were trimming
vegetation overhanging the sidewalks, as well as clearing Medina intersection sight lines.
AUDIENCE PARTICIPATION
Mayor Becker opened the meeting to the audience for non -agenda items.
City Council Meeting
February 12, 2001
Page 2
Dr. Bob Rudolph, 1455 Evergreen Point Road, Medina
On behalf of Eastside Citizens Against Aircraft Noise (ECAAN), Dr. Rudolph thanked the Council for hiring
the FAA consultants. He referred to a report stating the Duwamish corridor should not be increased,
adding the city would not have been able to respond appropriately to the FAA Task Force, had the
consultant not been hired.
Henry Paulman, 1415 — 80th Place NE, Medina
As Secretary of Tolls Represent Unfair Taxes (TRUST), Mr. Paulman reported current developments during
the legislative session in Olympia.
OTHER BUSINESS
OVER FLIGHT UPDATE
Mayor Becker reported the city had received a report from the consultant who had reviewed the FAA flight
track report. He relayed the FAA had used software for modeling that was not meant for modeling
performance. Mayor Becker indicated he would be meeting with Port of Seattle officials regarding the over
flight issue.
CONTINUATION OF PUBLIC HEARING — ORDINANCE NO. 698 RELATING TO THE PROTECTION
AND PRESERVATION OF LANDMARKS IN THE CITY OF MEDINA
City Attorney Wines explained Ordinance No. 698 had been revised so a property owner could veto an
historic landmarks list nomination. He noted the ordinance no longer included an initial register, but rather
the process was established so nominated properties would proceed through an historic landmark selection
procedure.
Mayor Becker suggested the Planning Commission undertake responsibility for the Historic Landmarks
Preservation Board so another board would not be created. He predicted moving these responsibilities to
the Planning Commission might also cut down on staff time. Mayor Becker also pointed out the Council
had until May of 2001 to complete this process.
Council Member Lawrence noted not all Historic Landmarks Preservation Board members must be Medina
residents, and asked City Attorney Wines whether the Board would have authority to change zoning or to
grant a special or conditional use permit. City Attorney Wines indicated the ordinance had been modified
so the Board would just make recommendations, after which the request would go before the Hearing
Examiner or the Planning Commission. Mayor Becker pointed out the residency requirement would be a
moot issue if the Planning Commission assumed Historic Landmarks Preservation Board responsibilities.
Council Member Morgan shared the results of his investigation of potential historic structures with the
Council, noting the main incentive for acquiring historic landmark status was the tax advantage.
Ron Santi, 7842 NE 8th Street, Medina
Mr. Santi asked if a letter would suffice to decline nomination to historic preservation status, to which City
Attorney Wines responded affirmatively. City Attorney Wines cautioned once a property was placed on the
inventory list or register, an owner who desired to demolish the structure would have to go through the
process, including an analysis of all of the available alternatives.
Arthur Dietrich, 707 Overlake Drive East Medina
Mr. Dietrich suggested the homeowner's permission be obtained before a property was placed on the
historic register, rather than have that person responsible for declining.
Jack Dern-Palmer, 1600 — 77th Avenue NE, Medina
Mr. Dern-Palmer volunteered to serve on the Historic Preservation Board.
City Council Meeting
February 12, 2001
Page 3
City Attorney Wines explained the certified local government designation came from the state historical
register personnel, who must approve the appropriate review process before a property could be so
designated. He added there would be no tax reduction for historical register properties without state
certification.
Mayor Becker suggested the Council decide whether both public and residential property owners could
remove themselves from historical register consideration. He also recommended section 19.24.080,
regarding economic incentive, be clarified. Mayor Becker pointed out homeowners who subsequently
wished to remove their property from the register after having gone into conservancy must pay back taxes
to the point they were placed on it. City Attorney Wines added the recoup period was a maximum of ten
years.
Following discussion, Council Members agreed by consensus to table Ordinance No. 698 to the March
2001 Council meeting, with revisions to remove language referring to Medina historic inventory, and to
require the residential property owner's signature for nominations.
DISCUSSION OF RESOLUTION NO. 276 NOMINATING PROPERTIES TO THE MEDINA HISTORICAL
REGISTER
Resolution No. 276 Nominating Properties to the Medina Register was tabled to the March 2001 Council
meeting, when Ordinance No. 698 would be discussed.
DISCUSSION OF ORDINANCE NO. 692 RELATING TO TELECOMMUNICATIONS
City Manager Schulze announced Ordinance No. 692 was required for the City to issue a franchise to fiber
optic high-speed internet service providers. City Attorney Wines added it was a basic ordinance to set up a
process for granting telecommunications companies individual franchises. Council Member Preston
volunteered to review Ordinance No. 692 for discussion at the March 2001 Council meeting. The Council
decided to table Ordinance No. 692 to the March 2001 Council meeting.
UPDATE OF NE 8T" STREET AND 82ND AVENUE NE PROJECT
City Manager Schulze updated the Council regarding progress on the NE 8,h Street and 82nd Avenue NE
project. He announced the city had advertised for statements of qualification from engineering consultants
to assist with scoping and preliminary design of alternatives for pedestrian improvements in that area. City
Manager Schulze indicated the City had received a number of inquiries and submittals, and he planned to
have a recommendation for the March Council meeting.
Eric Whiting, 817 — 82n' Avenue NE, Medina
Mr. Whiting referred to the NE 8th Street sidewalk project orientation meeting held last summer in the park,
and asked whether or not the sidewalk had been approved and if so, when it would be constructed.
City Manager Schulze responded at the time of the orientation meeting, the sidewalk had been approved in
the city's capital improvement program, with an estimated budget for the project. However, the Council did
not actually approve the budget for capital projects until December 2000. During the 2001 budget process,
the Council decided to cut back on the capital projects for construction in 2001 and to focus on design of
projects. He explained this would give staff and consultants more time to evaluate the design and to review
different alternatives.
Mr. Whiting emphasized the reason for no speed in the Medina Elementary area was due to a traffic jam
from parents dropping off their children. Mayor Becker indicated the City was hiring a new consulting
engineering firm to proceed with the project, and they would address traffic and pedestrian issues. City
Manager Schulze predicted by the May 2001 Council meeting the new engineer might have recommended
alternatives and cost estimates for consideration.
City Council Meeting
February 12, 2001
Page 4
John Maxwell, 8040 NE 81h Street, Medina
Mr. Maxwell emphasized the traffic problems surrounding the Medina Elementary School were the safety
problem. He suggested imposing a five to ten block drop off radius to alleviate the problem, and children
could walk to school from there. He was opposed to construction of a sidewalk, as preserving the rural
character was important for Medina. Mr. Maxwell suggested installing a stop sign and painting traffic lines
might help as well.
Molly Lanzinger, 8058 NE 8t' Street, Medina
Ms. Lanzinger voiced support of the proposed sidewalk. She pointed out the school safety patrol would no
longer cross the children on NE 8th Street, due to concerns about their well being. Ms. Lanzinger stated the
police officers were stationed in the wrong spot, and recommended they be placed elsewhere rather than at
the school.
Julie Maxwell, 815 — 82nd Avenue NE, Medina
Ms. Maxwell was neither in favor nor against the proposed sidewalk, but rather in support of a solution to
the problem. She voiced disappointment when the informational meeting took place last summer and she
did not even know about it. Ms. Maxwell was concerned about the safety issue due to speeding vehicles.
She was also frustrated about a property site visit without prior notification, and about the February 3, 2001
letter drafted by City Attorney Wines relative to line of sight and coverage for trees in the right-of-way.
Eric Whiting, 817 — 82nd Avenue NE, Medina
Mr. Whiting announced the speed bumps installed last summer were nearly gone, and were in need of
maintenance. Mayor Becker promised the Council would discuss these issues at the next meeting, and
they would look for a solution as quickly as possible.
DISCUSSION OF ORDINANCE NO. 708 AMENDING LOT COVERAGE AND SETBACK PROVISIONS IN
R-16, R-20 AND R-30 ZONES
Council Member Morgan announced the City Attorney drafted Ordinance No. 708 to incorporate the R-16
Committee recommendations.
Eric Whiting, 817 — 82nd Avenue NE, Medina
Mr. Whiting emphasized reducing the R-16 zone coverage would adversely affect property values. He also
suggested increasing the building permit fees to adjust for larger homes being constructed in Medina.
Chris Lanzinger, 8058 NE 8th Street, Medina
Mr. Lanzinger was opposed to limiting lot coverage in the R-16 zone. He predicted additional lot coverage
restrictions would result in contemporary stucco box homes, and that as a result, 1950s-style ramblers
would no longer be constructed. Mr. Lanzinger also took exception to the finished grade proposal.
Following discussion, the Council decided to refer Ordinance No. 708 to the Planning Commission for
public hearing at their March meeting, and to revise the language to add original and finished grade to all
zones, for presentation at the April 2001 Council meeting.
DISCUSSION OF INITIAL PLANNING COMMISSION AGENDA ITEMS
The Council discussed Planning Commission agenda issues, including house size limitations, the historic
preservation ordinance, the Construction Code of Conduct and Mitigation Plan, parking regulations, as well
as Medina commercial activities and large events. They decided to discuss the Construction Code of
Conduct and Mitigation Plan at the February study session, to refer it to the Planning Commission for their
March public hearing, and to meet jointly with them at the April Council meeting. The Council also
determined to do the same with Ordinance No. 708, Amending Lot Coverage and Setback Provisions in R-
16, R-20 and R-30 Zones.
City Council Meeting
February 12, 2001
Page 5
AUDIOTAPE OF COUNCIL MEETINGS
City Attorney Wines reported there was no legal requirement to record meetings, but the retention period
for minutes was six years. Following discussion, the Council decided to utilize summarized minutes, and to
record only action items.
AIR MONITORING
Council Member Morgan relayed the south side air monitoring results were complete, and the consultant
was moving the monitoring equipment to the north side.
EMERGENCY PREPAREDNESS PLAN
City Manager Schulze reported the emergency preparedness consultant had been working with the Police
Department for approximately three months, and a draft document was being developed. He indicated the
Council would soon be reviewing an ordinance to establish emergency spending authority limits.
Council Member Morgan relayed Hunts Point Mayor Fred McConkey wished to join Medina's emergency
preparedness plan, as was willing to pay for this service. City Manager Schulze stated he would obtain a
quote from the consultant to add the Town of Hunts Point to Medina's Emergency Preparedness Plan.
TERM LIMITS
Due to the State Supreme Court declaring term limits unconstitutional, the Council requested City Attorney
Wines to draft an ordinance rescinding them for the Council, Planning Commission, Design Board, Park
Board and Civil Service Commission.
ORCHARD PROJECT MITIGATION PLAN REVIEW
City Manager Schulze updated the Council regarding recommendations to the Planning Commission for the
Orchard project mitigation plan. He referred to the February 2, 2001 draft outlining the results of the
Orchard project complaints and subsequent inspection of the project. He reported the Building Inspector,
the City Attorney, and City Planning Director Schultz and he had visited the site. A few days later, met with
the owners, their representatives, neighbors and attorneys. City Manager Schulze stated he had been
informed the owners' representatives had met with adjacent property owners, and had reached agreement
regarding additional landscaping along the perimeter. He relayed the sequencing of construction would be
implemented as soon as possible to complete exterior work along the south property line to reduce noise
on that side of the project.
City Manager Schulze stated the permit renewal would expire on December 7, 2001, after which a new one
would be required. He added the new ordinance would require appearance before the Planning
Commission to explain why the applicant needed a new permit. City Manager Schulze noted the Planning
Commission must approve mitigation plan revisions, adding they could require a new mitigation plan from
the applicant.
City Attorney Wines stated if the Mitigation Plan was to be the prevailing document, it should be inserted
into the Code.
Planning Director Schultz informed the Council the city was obtaining a project tracking computer program
that would track conditions attached to a specific project.
Following discussion, the Council recommended to the Planning Commission implementation of a road use
fee, pass through costs for a code administrator, imposing a penalty for exceeding the permit date, and that
the owner be identified as a new mitigation enforcement contact. City Manager Schulze noted the city was
not presently recommending penalties because the Code required notice of violation and a reasonable time
to cure it. He added the Planning Commission would also be working on a revised mitigation plan, which
would include the issue of side yard setbacks.
City Council Meeting
February 12, 2001
Page 6
DISCUSSION OF ORDINANCE NO. 710 AMENDING SECTIONS OF MEDINA MUNICIPAL CODE TO
PROVIDE FOR THE OFFICE OF HEARING EXAMINER
The Council adopted Ordinance No. 710 Amending Sections of Medina Municipal Code to Provide for the
Office of Hearing Examiner.
DISCUSSION OF ORDINANCE NO. 704 LIMITING HOURS OF CONSTRUCTION AND USE OF HEAVY
EQUIPMENT
Following discussion, the Council requested City Attorney Wines to revise Ordinance No. 704 to include a
list of all city holidays, a definition of commercial construction and maintenance, and to change Saturday
construction hours to 9:00 a.m. to 5:00 p.m., for presentation at the March Council meeting.
POINT OF ORDER
At 10:45 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 11:20 p.m.
ADJOURNMENT
Council Member Cohen moved to adjourn the Regular City Counci meeting, seconded by Council Member
Demitriades. All were in favor, and the meeting was adjourped O'11:20 p.m.
Daniel fF. Becker, Mayor
Attest: - :, -
Caroll P. Wedlund, City Clerk