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HomeMy WebLinkAbout10-12-2002 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES October 14. 2002 7 00 PM CALL TO ORDER Medina Citv Hall 01 Evergreen Point Re Deputy Mayor Odermat called the regular meeting of the Medina City Council to order at 7.00 p m ROLL CALL Present. Council members Drew Blazey. Paul Demitriades. Thomas E Morgan. Todd Nunn and Deputy Mayor Mary Odermat Absent Mayor Becker anc Council member Bob Rudolph Staff Present. City Manager Doug Schulze City Attorney Kirk Wines. Police Chief Micfrael Knapp. Public Worts Director She! Jahn. and City Clerk Carol; Wedlund CONSENT AGENDA Councilmember Morgan moved to approve the Consent Agenda, seconded by Counc lmernber Demitriades, and the motion passed unanimously. AUDIENCE PARTICIPATION Deputy Mayor Odermat invited a thence members to ccmment regarding non -agenda items. Jim Noblitt, 8461 Ridge Road, as a member of :he Board of Trustees for Senior Services of Kir,g Cc rty, introduced Emily Hine. Capital Campaign Manager for Senior Services of King County. Emily Hine, Senior Services of King County, 1601 Second Avenue. Suite 800, Seattle, 98101, relayed the efforts of this agency to foster independence and make Ilfe� Netter for elder citizens She requested the Council pledge financier: support for hot meals and conareaate mealtime p� grams. Council member Demitriades suggested the Council mate a financial contrlbutictl to he'p keep sen ")rs vlabl t Jmte3 Fc- py inc brie` discuss cn. the _ consensus to consider Ms Hine reque t tc;r a c� Il,utl.)r as dart of t`,e 2003 pr:,posed bud e`. Doug Meyer, 3204 — 781h Place NE, stated _IDF) -. 7-ateiv six months ago be had dis:orerec h-s home noncompliant on a nOngonf:ir--ing IJt. .' c,Ft:-iol a 'T_p C' 11 cr;;onforming lcts one tl)Ul �,is and indicated a neighbor with a lot nnad been acle to rerrode! his home by stating re owned a conforming Parcel when it was not Fie stated the .nos` of a variance plus the cost of a property survey was oro`I'`vv a,:d requested the variance fed be _-( r an-=-r 7,mement c- a I8w rE il: �i .11at U ti0n u, *t il'egal City Attorney Wines indicated ri_i h,uiij I -its kr.e'nis throughout the city _ e c crated in late I90', a-:! early 1960s before the King County Recorder gave Medina any notice of their accepting subdivisions 'ender the la:✓ existence at that time, all of the°se '.ot. SV'1Y.iid r)Pye _.o �e to the city for snort plat approval c rienia ilroy _ s,�r,:t platted. the affected lots wol.'i n@,,9 Le r ��^�-;''� J g!' y 5. �ir� o :lore was a eCall %I'. `J tT artjN'I_," of our Zoning Code. it had always been Medina s position a eariance was required to build such 2 perty- .:e added the city position was the variance process must be utilized to remedy the problem. Deputy Mayor Ode -mat suggested Mr. Meyer meet with the City Manager and the City Attorney to ciscuss options for his lot status. Ron Santi, 7842 NE 8`r' Street, inquired why the city did not grandfather these properties through the variance prccess- Margaret Maxwell, 8040 NE 8th, complained asp-alt and concrete work had made driveway accessibility di` icu t Her daughter had suffered a punctured gas tankand flat fire as a result and other nelghbo;s had e;perlenced flat trey as well. She also noted contractors had left debris such as wire mesh and a lighter at the site. rv1s. Maxwell was or the opinlon the workmanship was shoddy_ and the prc,ect should be monstored very carefui!y Paul Saad, 7644 NE 81h Street, voiced disapproval of the temporary office outside City Hall and suggested the C_-a-al Provide enough office space so employees would not be confined to out buildirgs He also queried how many cities had a garbage dumpster outside City Hall REPORTS Public Safety — Chief Knapp reported three Medina burglaries had oocurred In September. He also r7� ayed a spae,'Ing vehicle in Medina had been stolen out of Rentcr: Chief Knapr annormr_ed a Hunts Point burgiary in Sectember wherein the three suspects had abandoned their vehicle which was stolen out of Mercer Sland. `✓Jhile at Mercer Islano these suspects had abandoned a car they had stolen m Bellevue- The suspects were subsequently arrested and charged witr� burgiary, and two of the three were juveniles v:ith a Ieng h!story of being professional burglars. Chlet Knapp cautioned those present to purchase and to utilize burglar alanrrs. Chief Knaao relayed Medina s newest officer candidates Julie Wigin and Snanno❑ Gibso;l, vdoui grad_iate from the Police Academe at the end of October. City Council Meeting Minutes October 10. 2002 Page 2 According to Chief Knapp the city was offered a fres live scan machine maintained by King County urtil 05 The only cost to Medina would be a telephone charge. Medina would be one of just a few small agencies in the state with this technology with installation to occur early next year Based upon a finger rolled on the glass. the machine could check the databases in King County Washington state and Washington. D C. Planning — Planning Director Schultz indicated the Planning Commission would discuss the construction mitigation ordinance at their next meeting. and was also reviewing an amendment to the Comprehensive Plan. She noted two citizens on 14ti' Street were applying to change their zoning from R-20 to R-16. Planning Director Sohultz also indicated she was attempting to organize a Medina historic preservation group and a few people nad already voiced interest She added the only home in Medina designated as an historic site was the John Dillow residence. Finance Committee — Council member Morgan announced sales tax revenue seemed to be falling. Personnel Committee — Council member Demi'riades slated the Personnel Committee had discussed several items at their recent meeting for recommended incorporation !ntc the budget review. Deputy Mayor Odermat suggested the Personnel Committee meet in the near future to discuss the City Managers evaluation. Emergency Preparedness Committee — Council member Morgan announced he now had some Jirection regarding what to write, so the Council would be discussing the Comprehensive Rmergency Management Sian at the October Study Session. He also indicated the Plan could be finalized before the end of this year Park Board — Chair Gerlitz praised Medina's new Public Works Director. Shel Jahn, and referred to his imormstive memo to Park Board members outlining issues that had been resolved since the latest Park Board �.�eetlr:g Deputy Mayor Od.rrnat added she had received a call ' -cm a c!tlzen Irving �dacent o the Inman 'trai. 4,,rc red v^Icof: sat':sfaction-egarding follow up work by Public W'cn-.s Director Jahn. C'i HcZ GLISINESS Public fearing — Discussion of Ordinance_ , Estabiishin Maximum Lot Cover-aqe -- Deputy fdayc' Clderma, announced Council memoer Tr>dd Nunn w,as recusmg himself for this agenda item due to the aapeararce of fairness_ Planning Director SChultz gave backgrc,,1,d information regarding Ordinance No, 735 ar, iajcd rl :err had been no changes to it since the last p ul',c he:nr; Sn� noted this ordinance require a m:t,getir 'la f)! properties with proposed construction exceeding 3 rniflcn in value Addit,onally, nistonc structures on ti,e site could he deducted from the structural coverage to foster their preservation. Lisa Fleishman, 7641 NE 12`h Street, a5�::d w'n�t would be :,one with the homes cu'rentiy c�-nsider�g ;o 'ua noncompliant. especially those built in the 1980s with a nonconforming footprint. Arnold Baer, 3217 Evergreen Point Road, suggested the solution was to have a really effective mltigat:cn plan it; place He also suggested the problem could be resolved with a grandfather clause - Ron Santi, 7842 NE 8`h Street, stated he and his wife had signed a survey, believing it addressee the mega house Concern. He continued assumptions derived from that survey may not be valid. because many residents -lad also believed they were respu onding to the mega hose Issue. He urged the Council to utilize mitigation measures before confiscating residents property rights. Pam Lyford, 8845 Overlake Drive Wrest, voiced concern her 90.000 square foot pace! could be sLibdivided. wniCr would result in a loss of value_ Ms. Lyford stated she wished to do with her land as she chose. Conrad Legal, 1103 18`� Avenue East, Seattle, announced he represented a number of Medina residents regarding land use issues He believed Ordinance No 735 to de an inflexible document providing air absolute mit upon structural lot coverage, irrespective of the owners willingness to address impacts associated with home -,cnstruction and operation He indicated the differing effects upon different properties would result in a down zoning of some and increasing structural lot coverage for others, Mr Legal added Ordinance No 735 was not supporteu by history and referred to a recent Seattle Times editorial questioning the wisdom cf this proposed ordinance- He suggested the construction mitigation ordinance could address these Concerns and neighborhood r=_viev✓ elements contained wither tree Code could also be utiilzed. Mr. Legal suggested the homeowner could 'De recuirec to address reasonable mitigation measures for both oonstructon and operation of a mega home prior to issuance of any permit Arnold Baer, 3217 Evergreen Point Road, interj=_ct_d a time limitation could result in three houses scneculed two years apart, resulting in the same construction activity on a continued basis- Deputy Mayor Odermat commented exotic City Council Meeting Minutes Octobe- 14 2002 Page 3 materials caused delays with construction. and intermittent, delays prolonged a proiect. Mr Baer emphasized meaningful mitigation with a time sequence plan, including viable sanctions would directly solve the problem. Ron Santi, 7842 NE 8th Street, suggested imposing impact fees for the affected property owners after the 18-month construction period had passed. He also stressed Ordinance No 735 should include vanpoeling of guests. Art Dietrich, 707 Overlake Drive East, expressed concern regarding now close the mega nomes would be built to the property line rather than their size Paul Saad, 7842 NE 8`h Street, suggested Ordinance No. 735 had been designed to limit extremely large homes and questioned why it addressed R-16 zone when the real focus was upon mega homes. Mr. Saad noted the proposed ordinance changed the original grade to original grade and finished grade, whichever was lower It also reduced impervious lot coverage, Mr. Saad referred to Lowell Erickson s memo addressing the R-16 height limit and predicted an increase in homes with flat roofs and tall sides along the property lines when the Council wanted pitched roofs. Council member Demitriades was not in favor of Ordinance No 735 as presently written, as he believed it went against what the Council wanted for the neighborhood characte-. He suggested sequencing for faster home construction, and was of the opinion many arrangements could be made ahead of time. Chuck Hill, Huckleberry Trust, for the residents at 8425 'Groat. Point, suggested making more residents aware of Ordinance No, 735. He queried what ordinance would be applicable if a nonconforming home was destroyed by fire and must be rebuilt Planning Director Schultz replied any new home must comply with the current ordinance Council member Morgan requested the City Attorney provide a summary cf th2 racart Isla Verde case referred to by Mr. Hill in his letter to the Council the City Manager a -id the City Att_-mey. Richard Wilson, 1221 Second Avenue, Seattle, representing the Brotmans, suggested many people beiiev�d the best way to regulate mega homes was to �ontro 'he Impac`s of construe;t:on and of operation. He irdicat__d ad Jr ssing constructor, tnroueh effective m.tigaton r.,ar; revii�w cc dd eliminate t'n� most unfortunate aspects Tor nei_h'oors- iv!, Wilson urged the Council to address the site plan review process submitted by Cascade Trust. He was of the opinion larger homes should be subjected to a case-by-cese. pr-,cess. which would resin; In much more attention oac'' by an owner regarding potential problems that could er-,erge H--. a graduated process thr:7unh a si;a 2',.3n review. to 'help ensure the site plan construction would not interfere with neighbors Sarah Knight, Attorney for Cascade Trust, 1401 hird Avenue, Seattle, stated the mega h-use '.ssue :;ould .3e solved without imposing a cap on lot coverage Ms. Knight rafer-el_ ,o Information from other 1u-lsd!ciions she aa submitted to the Council at a prior meeting. She suggested this would be a good mechanism in Medina to follow. as it would allow landowners some flexibility, and world be aopropr:ate mitigation that would satisfy everyone- Furthert would address the specific construction and operation impacts as vt _-ll_ It would also move things forward in a more constructive way than an absolute cap. She urged -ne Council to consider a more flexible solution Council member Morgan stated the site plan review did not address the question of time He queried if PJs. Knight coulc address the employment of meaningful incentives and the -ssue of stockpiling. Ms Knight promised to provide a written response Her preference was to remain with current lot coverage a'l,owances and to address mitigation rleas,l es Richard Wilson, 1221 Second Avenue, Seattle, representing the Brotmans, suggested the Counciconsider an escalating system of fines, which would goad the ov.ner tc ensure compi:ance with the construction h metable. Paul Saad, 7842 NE 8`h Street, referred to the blue rnformationai bulietin sent to residents by Planning Director Schultz. He indicated the bulletin stated nothing wrould change for those in the R-16 zone. when in fact there would be changes - Mr. Saad referred to the time limit and suggestec incentives for construction proiects comcleted on time and damages for not doing so. He emphasized size did not make the construction take longer but rather eotaining '--cis-ions did Deputy Mayor Odermat closed the public hearing and polled the Council. Following discussion the G?uncil requested they be provided with a summary of written and oral comments for Ordinance No 735_ Public Hearing — Discussion of Ordinance No.'37. Administrative Variances — P',anning Director Scnultz reviewed the background of Ordinance No. 737 noting some minor changes had been requested at the last Council meeting She referred to the survey of building permits pro✓idea it the Councll packet noting only 16 of `hem had been fo- less than 320 000 Council member Morgan requested Pianning Director Schultz to keep records regarding now many variances were granted under different categories and tc report back to the Council in one year The Council agreec by City Council Meeting Minutes October 14. 2002 Pace 4 consensus Ordinance No 737 should be passed with changes to increase the project cost not to exceed S80,000 and to revise the language to clarify the total project construction cos: Council member Blazey moved seconded by Council member Morgan. to adopt Ordinance No 737 as amended. Public Hearing -- Nelson Right -of -Way Access License — Public Works Director Jahn announced the issue before the Council was the right-of-way access requested by Stine Nelson for access to his property Works Director Jahn recommended the Council authorize the City Manager to enter into a license agreement with Mr. Nelson. He added this issue had been discussed with four adjacent neighbors. all of whom were in favor in conjunction with the drainage project mitigation plan and a trail shift to the west. Council member Morgan moved, seconded by Council member Blazey to authorize the City Manager to enter into the licensing agreement for the Nelson right-of-way- and the motion carried unanimously. Stine Nelson, 11000 NE 10`t' Street, #268, Bellevue, referred to the City Managers October 14, 2002 letter explaining the time frame for a decision on the permit application process submitted for his Medina parcel. Mr. Nelson relayed his experiences with the City as a result of this application process Public Hearing Discussion of Ordinance No 743 Establishing New Tree and Vegetation Code — The Council unanimously agreed to table Ordinance No. 743 to the November Council meeting. in order to give the Tree Committee an opportunity to meet with the City Attorney for revisions. Adele Lloyd, 2603 — 78`t' Avenue NE, commented trees in her right-of-way had become so large she did not have any sunlight in her yard Plannina Director Schultz promised to call Ms Lloyd to discuss this issue. Public Works Director Jahn added the number of cottonwoods in right-of-ways was increasing and this Issue should be addressed soon. Discussion of City Facilities Needs — City Manager Schulze stated the Facilities Committee nad recommended Council review of the need for a public safety facility. He reminded the Council the feasibility study needs assessment conducted by Lawhead Architects Indicated a public safety facility vias neede: erd requested Council authorization to proceed with the preliminary planning and design_ Council memt,e- Mc-ga❑ corr,mented there was not enough moncv to both build a new public safety facility and to acquire property. City Manager Schulze relayed personnel from Puget Sound Securities and some bond professionals had indicated project `rancing was feasible. Deputy Mayor Odennat stated site selection was not final at this time. and suggested a puo c re�atlors and education campaign for Medina citizens. Public Works Director Jahn commented the end result could be something more than a public safety facility as during the budget session, there had been discussion of weaning the city away from consultants and increasing staff size- City Manager Schulze Informed the Council multiple pots of grant money were available for facl,!tles. kur.iter consultants could be hired within the city is current budget before the end of this year. Council member Nunn moved. seconded by Council member Demitriades, to authorize proceeding with preliminary planning efforts, as outlined in the City Manager's October 8, 2002 memo. The motion carried unanimously Shoreline Assessment — Deputy Mayor Odermat inquired whether the shoreline assessment had been completed. Public Works Director Jahn responded it had not. He was of the opinion the prior work had not been proceeding in the right direction. and next year this issue could be reviewed in more detail. He added the 2003 proposed budget included money for design efforts to determine a solution to the problem. Public Works Director Jahn reminded the Council of fne Park Board's recornmendation for a solution in 2003. Discussion of Trees on 84`n Avenue NE -- Public Works Director Jahn stated he had attempted tc obtain estimates from local tree companies. Council member Morgan Suggested cutting the Poplar limbs overhanging 84'� Avenue NE in order to buy another four or five years. Public Works Director Jahn responded the cost of trimming those limbs and the dead wood would be equal to or even greater than removing the trees and replanting. He predicted five years from now. the city would again be responsible for having dead wood trimmed. Public Works Director Jahn requested permission to continue with his efforts to address the Issue. Council member Morgan stated topping was not a recommended option. as it would open the trees to disease City Manager Schulze noted the city liability exposure because these trees were in the public right-of-way. Council member Blazey stated it was important to have a beautiful entrance to Medina that was safe for the public. Public Works Director Jahn relayed the option of removing a few of the^rorst frees and replanting them over a period of time. Deputy Mayor Odermat noted the Comprehensive Plan called for saving the treea on 84"' Avenue NE and yet. Poplars were not the most desirable trees at that location_ The decided b,, consensus to allow Public Works Director Jahn to continue with this project SR-520 Expansion and Fairweather Park -- City 1v1anager Schulze stated Bellevue School District nad indicated in a dated correspondence that property adjacent to Fairweather Park was surplus property and they wouiC consider sei in,l City Council Meeting Minutes October 14. 2002 Page 5 it to the city. Public Works Director Jahn added if SR-520 was expanded to include a portion of Fairweather Park, the state could purchase property adjacent to SR-520 as a property trade off for additional preserve space as buffering NE 8th Street/82nd Avenue NE Project -- Public Works Director Jahn stated he had been unaware of Mrs. Maxwells concerns until this evening but would address them with her. He noted the city was trying to address the transition from the sidewalk to the driveways. Additionally. Mrs. Maxwells driveway had just been surfaced and now transitioned well Public Works Director Jahn pointed out he had talked to almost every resident affected by this project within the last week and a half. and the majority thought it turned out a lot better than they had originally anticipated. He added the project would be 98 percent complete within the next week. EXECUTIVE SESSION By consensus. the Council at 10 10 p.m. recessed into Executive Session for discussion of personne' issues per RCW 42-30.110(g) The Executive Session ended at 10:10 p m. A motion was made by Council member Nunn seconded, and the motion passed unanimously Attest. Caroll P. Wedlund, City Clerk ADJOURNMENT to adjourn the meeting at 1015 p m COUncil member Demitriades M`ar(y Oderma Deputy Mayor 4;