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Home My WebLink About04-09-2001 - MinutesMEDINA CITY COUNCIL PUBLIC HEARING AND REGULAR MEETING MINUTES April 9, 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. Action items only were 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 Manager Jenny Schultz, and City Clerk Caroll Wedlund Staff Absent: Public Works Superintendent Carl Burris ANNOUNCEMENTS Mayor Becker announced an executive session would be held following the April Council meeting to discuss pending litigation. Mayor Becker relayed three bills were currently proceeding through the Washington State Legislature regarding transportation funding and governance issues. He also announced a meeting was scheduled the following week with FAA and Port of Seattle officials regarding the jet noise issue. Mayor Becker relayed a 9:00 a.m. town meeting regarding transportation alternatives was scheduled at 81h and Seneca in Seattle on April 14, 2001. Mayor Becker stated there would be some adjustments to the agenda. He announced Occupancy Permits and Final Inspections would be discussed under "New Business". He also suggested Ordinance No. 698 and Resolution No. 276 be moved to a later Study Session. Mayor Becker indicated Ordinance No. 714 Establishing a Construction Code of Conduct, would be moved to a study session for further discussion. Council Member Demitriades noted the Washington State Legislature was winding down its regular session, and that one or two additional 30-day sessions were tentatively expected. Council Member Demitriades suggested letters he had drafted be sent to the District 48 State Representatives and Senator regarding SSB 6166. He also relayed transportation governance was a big issue in Olympia. Council Member Demitriades also announced the Legislature would probably pass Blue Ribbon Transportation Commission changes, including moving the Department of Transportation to report to the Governor. He announced interviews were being held for a new Washington State Secretary of Transportation to replace Sid Morrison, who was leaving. Council Member Demitriades also indicated the Transportation Commission would be disbanded, if new legislation passed. City Manager Schulze updated the Council regarding the NE 8th Street pedestrian project CONSENT AGENDA Council Member Morgan moved, seconded by Council Member Odermat, to approve the consent agenda. Council Member Lawrence requested that item E, Discussion of the Consulting Contract for the Trans -lake Washington Project, be pulled for discussion. Council Member Morgan amended his motion, seconded by Council Member Odermat, to adopt the Consent Agenda, less item E. The motion was passed by unanimous consensus. City Council Meeting April 9, 2001 Page 2 STAFF REPORTS PUBLIC SAFETY REPORT Police Chief Knapp updated the Council regarding Police Department activity during the past month, noting Kirkland had suffered a series of occupied home invasions. He stressed the importance of setting home alarms when retiring for the evening or when leaving the residence. Chief Knapp turned the meeting over to LT Doug Ambrose, who gave an update regarding progress with Medina's Emergency Operations Plan. Council Member Demitriades read into the record a kudo letter from the Medina Elementary School PTA regarding Officer Plancich's involvement on behalf of the DARE program at that school. PLANNING DEPARTMENT REPORT Planning Manager Schultz announced Medina's new Hearing Examiner, Jim Driscoll, would hear two cases at 3:00 p.m. on April 17, 2001, and the Medina store case would be continued to 7:00 p.m. that same day. City Manager Schulze noted in future months, public hearings presided by the hearing examiner would occur at 7:00 p.m. Planning Manager Schultz introduced Roger Urbaniak, President of the Lake Washington Chapter of Puget Sound Anglers, who explained the Chapter's role in introducing salmon eggs to the Lake Washington system. Mr. Urbaniak voiced his group's interest in working with Medina to install a new incubator, and in maintaining the present site. He noted the Chapter's interest in installation and maintenance of a new salmon incubator, but wished to first determine the City's interest. Council Demitriades requested this issue be discussed under "New Business". Council Member Demitriades inquired about progress with the Endangered Species Act permit checklist. Planning Manager Schultz indicated she had just received the proposed final draft from the City Attorney. AUDIENCE PARTICIPATIO Mayor Becker opened the meeting to the audience for non -agenda items. No one wished to speak. OTHER BUSINESS DISCUSSION OF ORDINANCE NO. 715 REGARDING A MORATORIUM ON STRUCTURES EXCEEDING 13,500 SQUARE FEET City Manager Schulze explained a public hearing must be held within 60 days of Ordinance No. 715 being passed in order to maintain it, and the Council was required to adopt findings supporting the moratorium. City Attorney Wines read the proposed findings into the record. It was suggested finding number six be modified to make it consistent with the Comprehensive Plan. Also mentioned were reference to extensive studies and the fact that it was a national issue. Council Member Demitriades suggested reference to a recent Medina resident survey supporting the size limitation. Also recommended was reference to size limitations for a 30,000 square foot lot being consistent with zoning regulations. Henry Paulman, 1415 — 80" Avenue NE, Medina Mr. Paulman referred to the words "rural environment of the city" in item number six of the proposed findings, noting these words did not appear in the Comprehensive Plan. Mayor Becker responded City personnel would ensure item number six identified statements from the Comprehensive Plan. Council Member Lawrence moved, seconded by Council Member Demitriades, to adopt Ordinance No. 715. The motion passed, with Council Member Cohen casting a dissenting vote. City Council Meeting April 9, 2001 Page 3 ORDINANCE NO. 698 RELATING TO THE PROTECTION AND PRESERVATION OF LANDMARKS IN THE CITY OF MEDINA Mayor Becker stated Ordinance No. 698 would be moved to a study session for further discussion. Ron Santi, 7842 NE 8th Street, Medina Mr. Santi emphasized Ordinance No. 698 contained conflicting language that should be clarified. Council Member Preston requested Mr. Santi to submit a written summary of his concerns to the Council for review. DISCUSSION OF CONSULTING CONTRACT FOR TRANS -LAKE WASHINGTON PROJECT It was suggested the Wiley Brooks consulting contract contain an expense cap of $20,000, and that language be added to clarify reporting responsibilities. Following discussion, Council Member Cohen moved, seconded by Council Member Odermat, to authorize the City Manager to enter into a contract with Wiley Brooks Consulting, with the above additions. The motion was approved by unanimous consensus. NEW BUSINESS STORM WATER RUNOFF FROM SR-520 Council Member Demitriades noted there had been no response to a letter sent several months ago to Mr. Smitch regarding storm water runoff from SR-520, and suggested another one be sent indicating the City intended to file a complaint requesting regulatory action if no action was taken within 60 days. City Manager Schulze indicated he would follow up with this matter. GREEN RESIDENCE ON EVERGREEN POINT ROAD Council Member Lawrence asked Planning Manager Schultz about multiple units at the Green residence. Planning Manager Schultz responded the people living in the multiple units on that property were renters who took care of Mr. Green. However, only one unit was a legal dwelling. Wilma Edmonds, 7721 NE 241h Street, Medina Ms. Edmonds explained Mr. Green, a long-time resident of Medina, was living on his property as represented. Following discussion, the Council directed City Attorney Wines and Planning Manager Schultz to ensure the Green property would revert to a single-family residence if it were sold or transferred to a new owner, but to allow the present use as long as Mr. Green resided in his home. OCCUPANCY PERMITS AND FINAL_ INSPECTIONS City Manager Schulze indicated City staff and consultants had identified approximately 80 structures built during the past two years that had not completed final inspections and had not been issued final occupancy permits. He continued if a property had an expired building permit, the owner would be required to obtain a new one in order to have a final inspection and an occupancy permit. City Manager Schulze added the initial building permit fee was based on the projected value, and there could be a fairly substantial difference if plans were changed or a low estimate had been given as part of the initial permit. He recommended the Council authorize a waiver of renewal permit fees for projects that had not completed final inspection or had not been issued occupancy permits, except for $150.00 to cover the administrative time involved in processing the permits. However, the full permit fee would be charged for any project that had been completed and was not consistent with approved plans. Additionally, inspection costs would be charged on an hourly basis. Planning Manager Schultz added an owner was required to provide a certificate of valuation provided by the architect upon completion of the project. City Manager Schulze explained if the building official completed a final inspection and a structure was being occupied without an occupancy permit, the residents might be required to vacate the premises until a final occupancy permit was obtained. City Council Meeting April 9, 2001 Page 4 Following discussion, the Council requested details of unfinished work for each property, any properties being occupied without temporary occupancy permits and whether or not the Building Official could determine who was knowingly in violation versus innocent property owners. POINT OF ORDER At 8:30 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 9:20 p.m. ADJOURNMENT Council Member Demitriades moved to adjourn the Regular City Council meeting, seconded by Council Member Lawrence. All were in favor, and the meeting was adjourned at 9:20 p.m. Dani I F. Becker, Mayor Attest: Caroll P. Wedlund, City Clerk