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HomeMy WebLinkAbout11-13-2001 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES November 13, 2001 Medina City Hall 7:00 PM 501 Evergreen Point Rd Mayor Becker called the regular meeting of the Medina City Council to order at 7:02 p.m. ROLL CALL Present: Council Members Suzanne Cohen, Paul Demitriades, James Lawrence, Thomas E. Morgan, Mary Odermat, Steve Preston and Mayor Daniel Becker Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Superintendent Carl Burris, Planning Manager Jenny Schultz, Finance Officer Jan Burdue, and City Clerk Caroll Wedlund Consultants: Joseph Gellings, OTAK, and Hearing Examiner James Driscoll ANNOUNCEMENTS Mayor Becker announced the following: • He received a reply letter from the Washington Redistricting Commission indicating they would take into consideration the city's request to remain in the First Congressional District. • The first public meeting regarding the north Medina traffic congestion study will be at 7:00 p.m. meeting on Monday, November 19, 2001 at Three Points Elementary School. • He distributed a document from the Puget Sound Regional Council regarding the eastside transportation pilot project entitled Puget Sound Value Pricing Demonstration Project. He indicated they wished to place transponders in private vehicles to track driving patterns, and the goal was revenue enhancement. • He referred to the activities surrounding the recent election and stated the Council did not condone such behavior. • An executive session will follow tonight's regular Council meeting. • The agenda order for tonight's meeting will be changed, with the budget items being discussed last. Council Member Demitriades indicated a letter would be sent to the Department of Ecology for remedial action regarding the SR-520 bridge and roadway. He stated the State Department of Transportation was polluting both sides of the lake, and that agency should comply with the Endangered Species Act 4(d) Rule checklist, as required by federal law. CONSENT AGENDA Council Member Cohen moved, seconded by Council Member Lawrence, to approve the consent agenda. Council Member Demitriades requested the October 8, 2001 minutes be changed to reflect his informing the Planning Commission regarding the 1-405 corridor program, and the October 22, 2001 minutes to indicate Mayor Becker met with Representative Inslee. The motion carried unanimously, with the requested changes. STAFF REPORTS PUBLIC SAFETY REPORT Chief Knapp noted two residential burglaries had occurred during the past month. He also relayed there had been a pursuit of a vehicle stolen from Mercer Island, and that an auto had also been stolen from Hunts Point. He relayed 27 car prowls occurred this year, with one and possibly two during the past month. Chief Knapp urged residents to lock their vehicles, and to activate home alarm systems. He also indicated Medina Police officers executed their third set of search warrants, with some hard drives seized. Chief Knapp stated the Police Department had received complaints regarding political advertisements distributed in conjunction with the recent election, which were provided for opinion to the Public Disclosure Commission, to the King County Elections Office, and to the State Attorney General. He promised a full, impartial and independent investigation of this matter. PUBLIC WORKS REPORT Public Works Superintendent Burris relayed he, Chief Knapp and Captain Chen had been working together to complete the Police Department workstation connections to Kirkland. He also indicated the storm drain maintenance project on Overlake Drive West was complete. Public Works Superintendent Burris also stated the Police Department wall and work area were nearly finished. He announced the otter in Medina Park had been moved to Green River, due to numerous complaints about aggressive behavior. PLANNING REPORT Planning Manager Schultz stated the city would not be able to install the salmon incubator this year due to timing issues related to the release of fish eggs from the State of Washington. She also reported the new tree ordinance would be ready for Council review at the November study session. Planning Manager Schultz explained the Planning Commission had City Council Meeting November 13, 2001 Page 2 completed their recommendation regarding maximum house size, to be discussed at the December 2001 Col. ncil meeting. She also relayed the City had received a $10,000 grant for compliance with the Growth Management Act. AUDIENCE PARTICIPATION Mayor Becker opened the meeting to the audience for non -agenda items. Henry Paulman, 1415 — 80th Avenue NE, Medina, referred to his letter of October 1, 2001 regarding Ordin nce No. 701 about removing the Hearing Examiner's authority to grant Conditional Use Permits, and noted his prior request to include this issue on a prior Council agenda. Mayor Becker responded tonight's public hearing included a discussion Df conditional use permits. Bill Kinzel, 802 — 80th Avenue NE, Medina, referred to his letter of July 16, 2001 requesting Council reco sidewalks and speed tables that were discussed at the Council meeting of July 9, 2001. Mr. Kinzel stressed response to his request, and urged reconsideration of the NE 8th Street pedestrian project. Mayor Becker n Council had not had an opportunity to review the new OTAK design. City Manager Schulze added an OTAK r met with the adjacent property owners, and would finalize the design for presentation to the Council in Januan The Council would then make any changes, followed by bid advertisement. Mayor Becker suggested discussed at the November Council Study Session or at the December meeting. OTHER BUSINESS SMALL WORKS CONTRACT FOR CROS! CONSTRUCTION ON NE 8T" sideration of the lack of a sponded the presentative or February. its issue be ND AVENUE NE City Maria dger Schulze announced five bids had been received for installation of speed tables and crosswalks on NE 8th Street/82" Avenue NE. He noted the crosswalks and speed tables could easily be added to the walkway project currently scheduled for bid advertisement during the first quarter of 2002 and for construction next summer. City Man 3ger Schulze recommended the Council reject all bids and not authorize a small works contract for installation of speeJ tables and crosswalks. Following discussion, Council Member Morgan moved, seconded by Council Member Lawrence, to reject the bids for speed tables and crosswalks, and the motion carried unanimously. PUBLIC HEARING -- CONSIDER PLANNING COMMISSION AUTHORITY TO HEAR AND DECIDE APPLI AT CONDITIONAL USE PERMITS City Manager Schulze stated all applications for Conditional use Permits were currently heard and decided upon by the Hearing Examiner. This policy had been adopted and implemented in 2001 as a result of the Board of Adjustment's desire to resign, the increasing difficulty of finding volunteers to serve, as well as an effort to reduce exposure to liability. He continued the Planning Commission's primary role was one of legislative function, and this quasi-judicial authority was inconsistent with separation of powers. Further there had been no claims so far this year. City Manager Schulze recommended the Hearing Examiner continue to hear Conditional Use Permit applications, rather than �he Planning Commission. City Attorney Wines concurred, adding the Hearing Examiner process was much more efficien and did not expose the City to the same amount of liability as did Planning Commission decisions. Hearing Examiner Jim Driscoll gave a brief history of the Hearing Examiner process in the state of Washingt n. Planning Manager Schultz added the Planning Commission wished to review commercial project conditional use permit applications only. Hearing Examiner Driscoll indicated there were very few commercial conditional use permits in Medin due to the residential character of the city. AUDIENCE PARTICIPATION Mayor Becker opened the Public Hearing to the audience. Henry Paulman, 1415 — 80th Avenue NE, Medina, indicated he had received no correspondence from City Attrney Wines regarding conditional use permits, and requested a letter in order to approach the Council regarding this issue. He emphasized the Comprehensive Plan defined Medina as a residential community, which had a direct bearing upon its character. Therefore, it was important such decisions remain in the hands of the citizens, rather than City staff. Council Member Lawrence asked for direction about improving the Medina Municipal Code to lessen ambigu ty. Hearing Examiner Driscoll responded he planned to meet with the Planning Commission about it. He added the City hould have specific criteria to give direction to an applicant property owner. Margaret Maxwell, 8040 NE 8th Street, Medina, inquired whether there was any precedent for a two -tiered system whereby a decision could be made by the hearing Examiner, with the advice of the Planning Commission. Hearing Exarr finer Driscoll was unaware of any situation in which the Planning Commission made recommendations to the Hearing Examiner. He continued there were jurisdictions with appellate Hearing Examiners who reviewed the decisions of the regu ar land use City Council Meeting November 13, 2001 Page 3 Hearing Examiner. This could possibly work with the Planning Commission; however, there could only be on a closed record appeal, as was regulated by the Regulatory Reform Act. Mayor Becker closed the public hearing. Following discussion, Council consensus was to leave conditional use permit hearings with the Hearing Examiner at this time. Several Council Members expressed concern about ambiguous ordinances. Mayor Becker requested a work plan be prepared for improving zoning ordinances and land use regulations to meet Council intent. PUBLIC HEARING — ORDINANCE NO. 729 AMENDING MMC 17.12 RELATING TO STRUCTURAL LOT COVERAGE Mayor Becker reminded the Council they had discussed Ordinance No. 729 during the October, 2001 IStudy Session. Council Member Morgan moved to adopt Ordinance No. 729 Amending MMC 17.12 Relating to Structural Lot Coverage, seconded by Council Member Odermat. Joseph Gellings, of OTAK, suggested adding the word "pavement' to address the issue of a patio not meeting the definition of a structure. Planning Manager Schultz added any rockery over our feet would be included in site coverage calculations. The Council decided to correct the strikeout in 17.49.060, to impro the definition m of mechanical equipment, and to continue the public hearing regarding Ordinance 729 to the Deceber meeting. Yusuf Yoler, 2841 — 76th Avenue NE, Medina, voiced concern about changing ordinances withoul realizing the consequences. He inquired what happened to properties rendered non -compliant by an ordinance change, vvhat penalties might be imposed and how the City would enforce compliance. Mayor Becker responded this issue would be addressed at a future Council meeting. ORDINANCE NO. 726 - 2002 PROPERTY TAX LEVY City Manager Schulze stated as required by RCW, the property tax levy must be set by November 15, 2001 for taxes payable in 2002. Council Member Preston moved, seconded by Council Member Demitriades, to adopt Ordinance adopting the 2002 property tax levy, and the motion carried unanimously. No. 726, PUBLIC HEARING — 2002 BUDGET City Manager Schulze gave a slide presentation of the 2002 preliminary budget. He noted in 2002, prope taxes would provide 46 percent of the total revenues, adding sales tax and permit income also supplied a significantin mount of the annual monies received. City Manager Schulze pointed out the tax rate for Medina had been $1.13 pe$1,000.00 of assessed valuation for the past two years. The 2002 Preliminary Budget was prepared with the assumption tt no increase in the tax rate would be requested for 2002. He noted maintaining the current tax rate would generate increase of approximately $259,000 in property taxes, and one-fourth of the increase would be paid by properties witt increases in assessed valuation due to new construction. City Manager Schulze indicated 1-695, approved by the vot vehicle license fees to $35.00, had been overturned as unconstitutional, but the license fees were still $35.0 rs to reduce the Council to discuss funding alternatives, and cautioned the Council delaying street maintenance would resu . He urged t in increased costs in future years. City Manager Schulze suggested the Council consider a franchise tax and a utility tax to find more revenue, and this should be compared to the cost of bonds. He also recommended The Council review bonding and the Capital Improvement Plan at the January Council Retreat before taking any other action. Miles Adam, 8424 NE 10`h Street, Medina, suggested the Council should be conservative about future re nues, as he planned to appeal his property tax assessment, and several others were following suit. He suggested exten should be matched by revenue se growth growth, and urged the Council to take more time to review the 2002 proposed dget. Following discussion, the Council requested City Manager Schulze provide the Council with a summary sheet recommended budget for the December Council meeting, and that an ordinance be drafted to dedicate resery requested City Manager Schulze to research options for capital project funding. ADJOURNMEW The meeting was adjourned at 10:45 p.m., followed by executi s i l ani I,R: Becker, Mayor Attest: -' 9,�,,i Caroll P. Wedlund, City Clerk ind a revised �s. They also