Loading...
HomeMy WebLinkAbout09-08-2003 - MinutesMEDINA CITY COUNCIL. September 8, 2003 REGULAR MEETING MINUTES 7:00 PM Medina City Hall CALL TO ORDER 501 Evergreen Point Road Deputy Mayor Odermat called the meeting of the Medina City Council to order at 7:00 p.m. ROLL CALL Present: Council members Miles Adam, Drew Blazey, Thomas Morgan, Todd Nunn, Bob Rudolph, Deputy Mayor Mary Odermat Absent: Mayor Dan Becker Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Director (PWD) Shel Jahn, and Recording Secretary Caroll Wedlund Consultant: Planning Consultant Joseph Gellings AWARD Deputy Mayor Odermat presented an award to Council member Adam for his service on the Planning Commission (PC). ANNOUNCEMENTS Council member Blazey announced Medina had received a plaque for their assistance in conjunction with the Anna's Ride Home race held the week prior. He noted it had been a well -attended, organized event, including attendance by Council member Rudolph and his wife. He indicated the Police Department had done a good job of keeping an irate citizen calm during this event. Council member Blazey explained a drunk driver had killed Anna, and the proceeds from this event would help those at bars who -leeded a ride home. Council member Rudolph voiced his disappointment that PWD Jahn was resigning at the end of September, and wished him well in future endeavors. He also expressed appreciation for the fine job PWD Jahn had done over the past year, as the results of those projects made a significant difference to the city. Council member Adam stated the King County Journal printed an article last week regarding the City of Bellevue streamlining their permit process time to six days. He requested that City Manager Schulze contact Bellevue's representative, Mike Brennan, and suggested it would be helpful for Medina to reduce permit process time. Council member Rudolph noted the next Council meeting agenda had not yet been discussed, and should be added to each Council meeting agenda. In order to facilitate communications on this issue, he proposed that the Mayor and Deputy Mayor meet with the City Manager 30 minutes before each meeting for agenda review. Council member Adam suggested the Mayor and Deputy Mayor meet with the City Manager to review and discuss the agenda before delivery of agenda packets would make it even more effective. City Manager Schulze responded it would be helpful to go over the agenda prior to the meeting. However, the period a couple of days before delivery of agenda packets was a pretty hectic period. He suggested if we were a month ahead in the process, scheduling a meeting would be easier. However, at this poin:, it would be most helpful to review and discuss the agenda was some time after the packets were delivered and prior to Council meeting. CONSENT AGENDA Council member Morgan moved, seconded by Council member Blazey, to accept the consent agenda. Council member Rudolph amended the motion to remove Item E-5, Appointment of John Bell to Planning Commission, as he wanted some discussion regarding who would be the most appropriate candidate. City Manager Schulze commented the day after the Council packets had been distributed, he had received an application and resume from another individual. He had not yet seen an application from Mr. 3ell. Deputy Mayor Odermat suggested item E-4, Appointment of Mark Lostrom to Planning Commission, also be removed from the consent agenda, and to have both candidates reapply. Council member Adam inquired about item E-3, Approval of August 2003 Checks/Finance Officer's Report. City Manager Schulze suggested it also be pulled and discussed under New Business, and the rest of the Consent Agenda could be approved. The consent agenda was unanimously approved as follows, minus Items E-3, E-4 and E-6, which were pulled for later discussion. E-1 Minutes from August 11, 2003 Council Meeting E-2 Minutes from August 25, 2003 Council Study Session POINT OF ORDER Council member Morgan stated he had sent an e-mail today to the City Manager regarding personnel. He suggested the report be approved and brought up in Executive Sessior, as it involved a personnel issue, and City Council Meeting Minutes September 8, 2003 Page 2 the Council concurred. City Attorney Wines advised it was proper to discuss personnel matters in Executive Session, City Manager Schulze responded he had not received Council member Morgan's e-mail. It was noted the city's e-mail address had changed, and that could be why the City Manager had not received it. AUDIENCE PARTICIPATION Deputy Mayor Odermat invited audience members to comment regarding non -agenda items. Henry Paulman, 1415 — 80th Avenue NE, addressed Council member Nunn, inquiring how he could vote on some important elements of land use for mega house issues, when he had recused himself in the past from such matters. Council member Nunn responded in consultation with the City Attorney regarding mega house issues, he had been advised to recuse himself. However, for individuals he could vote. Mr. Paulman also inquired whether citizen letters submitted regarding the Medina Store were furnished to the Council and Planning Commission, or were only the items submitted that month forwarded. He asked whether such items should be resubmitted. City Manager Schulze replied the Council received mail every other week, either with the agenda packets or at a Council meeting. Staff did not continue to copy documents over and over for Council members. Most Council members kept these documents. Deputy Mayor Odermat stated she kept every piece of correspondence until an issue was decided. She reviewed it regularly, and expected everyone else did the same. Council member Blazey added he thought Council members already had enough correspondence without receiving duplicates. Mr. Paulman inquired whether these documents could be retrieved, in case the Green Store issue went to court. City Attorney Wines replied all the courts asked for were materials before the Planning Commission and the Council at the time they made their decisions. If Mr. Paulman had submitted something months ago, City Attorney Wines suggested it be resubmitted. Mr. Paulman also inquired whether tonight's meeting was being recorded, and how long it was kept, to which City Manager Schulze replied affirmatively, adding "Indefinitely'. REPORTS Police Department —Chief Knapp announced the following: a. Last month's visit by President Bush cost a lot of money for law enforcement services, and he wondered who would pay the tab. Ninety officers were brought in from other jurisdictions, including Seattle, Redmond and Kirkland. Approximately 30 Secret Service agents joined them. Chief Knapp relayed he had received a call from the Secret Service voicing appreciation for MPD's support, as well as that from other departments. b. The Anna's Ride Home undertaking was initiated by MPD, who had been asked to co-sponsor this event. Officer Julie Wight organized the event, and should take credit for assembling the Explorer Scouts from Kirkland and the volunteers. The event was flawless, except for one incident involving a Medina citizen. c. School was open for fall quarter. d. Vehicle prowls continued to be a problem, with several occurring last month. Chief Knapp reminded those present to lock their vehicles in garages. Also, never leave anything of any value in their vehicles overnight, as two bankcards had been stolen during the night from an automobile and used to charge merchandise by next morning. e. Three domestic violence incidences occurred last month, with two people arrested. f. MPD has been patrolling the 84th Avenue NE dock and found a number of young people there after closing. g. Mail theft continued to be a problem. Chief Knapp urged residents to mail letters from the post office. h. There was a scam in Medina involving strangers offering to inspect residents' furnaces for $50.00. Suspicious residents called MPD and by the time the police arrived, the offenders had departed i. A chance to use a Thompson machine gun was raffled at Medina Elementary School. Deputy Mayor Odermat inquired whether forgery fraud numbers in the police report reflected identity theft. Chief Knapp responded affirmatively, noting the victim may not even be aware it had occurred for a while afterward. Council member Adam asked if anything different was being done regarding issuing speeding tickets. Chief Knapp replied enforcement had increased noticeably. Deputy Mayor Odermat asked about speed meter boxes, suggesting one be placed near Medina Elementary School. Chief Knapp explained the one purchased via a grant had been stolen, and MPD was waiting for another grant to replace this $4,000 investment Planning —Nothing to report. Public Works—PWD Jahn reported the following: a. As part of the Overtake Project proposal for the Capital Improvement Project next year, he suggested a change in the speed limit on Overtake Drive East coming from Bellevue into Medina, with MPD enforcement. City Council Meeting Minutes September 8, 2003 Page 3 b. PWD Jahn referred to paragraph 4-C of his report regarding repair of the Overlake Drive East bridges, and indicated that information should answer any questions. Park Board —Chair Connie Gerlitz announced the Board was saddened by PWD Jahn's departure, as he had accomplished more since coming to Medina than in the prior ten years. She also indicated the Board was working to establish a sensible donation policy. Chair Gerlitz turned to irrigation in Medina Park, and requested Council direction on irrigating the remainder of Medina Park in phases over the next several years. Deputy Mayor Odermat responded the Council could put irrigation on a future agenda and respond to the Board. Finance Committee —Council member Rudolph explained local use retail sales were behind for the year, and there were also below -budget projections for the remainder of 2003. Building permit activity had increased, but permit income had decreased, due to 2003 projects being smaller than last year. Council member Morgan added due to the recession, Medina's finances were down perhaps as much as $300,000 versus last year. Council member Adam noted there was no way to track fees for building costs, and asked if the next budget could show the cost for an inspection and on the revenue side, a counter figure. He wanted to see two line items as the city started the budget cycle. Council member Rudolph pointed out the Finance Committee saw all checks. City Manager Schulze explained the city had undergone a process of identifying building permitting and found they were actually subsidizing building and planning services by approximately $200,000 a year. Applicants were billed for building permit fee services, including an inspection. Also, consultant charges were passed through to applicants, as reflected by "non -revenue" on the last page of the expense report. He also noted the major building projects were generally later in the year, with at times a decrease in December. Emergency Preparedness —Council member Blazey stated the next Emergency Preparedness Committee meeting was September 20, 2003. PUBLIC HEARING Ordinance No. 743, Tree and Vegetation Code — City Manager Schulze pointed out two changes to this ordinance, removal of the entire section on intersection sight distance regulations, and the following replacement requirements: a. Changed to 125 percent for trees less than 24" diameter breast height; b. Changed to 125 percent for removal of any tree 24-35" diameter breast height, at any time, and c. Changed to 200 percent for removal of any tree 36" diameter breast height or greater, at any time. Deputy Mayor Odermat opened the public hearing to the audience. Marilyn Pedersen, 8245 NE 26`h Street, had sent a follow-up e-mail to City Manager Schulze after last month's meeting requesting any drafts of Ordinance No. 743, and had copied Mayor Becker. Mayor Becker had assured her he would relay the information to City Manager Schulze, as she had experienced a problem when sending it to him. However, she had not received a follow-up communication, and as a result, the first time she had been able to review proposed changes was tonight from the Council agenda counter copy. Deputy Mayor Odermat thanked Ms. Pedersen for her comments, and promised her concerns would be addressed. Mark Nelson, 1233 Evergreen Point Road, referred to the two memos he had been unable to express verbally at the Council Study Session. He was concerned with potential conflicts between what was proposed and what was presently in the Code. He also inquired how the city would deal with trees that blocked views and sunlight. Mr. Nelson agreed with the purpose and intent of the proposed ordinance, but thought 125 percent replacement was onerous for landowners, as that requirement could result in tree overpopulation. Additionally, trees grew two to three feet a year in height, which reduced available sunlight. He cautioned this issue might have to be addressed in the future. Mr. Nelson also noted the Code only allowed 50 percent maximum impervious lot coverage, and thought the city should readdress this issue. Jerry Swanson, 1247 Evergreen Point Road, referred to a memo with detailed diagrams showing the impact of tree replacement upon his property. He currently had 54 trees at least 30 feet tall, and the resulting canopy did not allow light until 10:00 to 11:00 a.m. He voiced agreement with the proposed ordinance. However, his lot contained approximately a 35 percent canopy. Mr. Swanson emphasized the 125 percent replacement policy should be made more reasonable for everyone. Council member Odermat asked if some of the 54 trees were in the right-of-way on Evergreen Point Road. Mr. Swanson replied none of them were, adding he would be limited to shade tolerant trees if this ordinance were approved as written. City Council Meeting Minutes September 8, 2003 Page 4 Paul Saad, 7644 NE 8th Street, stated the Council was on the right track, but objected to including the build able lot area in the restrictions. Further, as presently written, only evergreens must be replaced, rather than deciduous trees as well. He also believed the proposed ordinance was harder to understand and to enforce. Marilyn Pedersen, 8245 NE 26th Street, suggested the city define a desirable density requirement for an allowable landscape area. Council member Nunn stated this issue had been addressed in the August Study Session. Following Council discussion, City Attorney Wines suggested placing Ordinance No. 743, Tree and Vegetation Code, on the consent agenda for the next meeting, with the following changes: a. The language will exempt dead trees from mitigation. b. Add a definition for building footprint. C. In Section 12.28.060(d), change the last sentence to allow a fee in lieu of all required replacements on site. d. Reduce tree replacement for 6" to 24" Diameter Breast Height to 100 percent A recess was taken at 8:50 p.m. and the meeting reconvened at 9:03 p.m OTHER BUSINESS Consider Adoption of Ordinance No. 758 Procedures for Chan es in Zoning and Historical Use Perits,m and Consider Ado tion of Ordinance No. 761 Allowin for Historical Use Permits — City Attorney Wines furnished background information and explained Richard Wilson, a land use attorney with Hillis, Clark, Martin and Peterson, had been consulted regarding setting the procedure for rezones and for historical use permits. Mr. Wilson had advised the city's previous requirement that property owners requesting a rezone must have a petition carrying signatures of not less than 51 percent of the owners of property within 300 feet was an improper limitation, as it was an unconstitutional restraint upon the powers granted to the Council. City Attorney Wines advised both rezones and historical use permits required public hearings. Further, any aggrieved party could appeal a decision, in accordance with state law. He reviewed the proposed ordinance language, noting the staff report would describe not only historical use of the property, but also use criteria. Richard Wilson, of Hillis, Clark, Martin and Peterson, pointed out the ordinance language attempted to recognize the historical use that had been in effect. He noted a concomitant agreement with the property owner would be enforceable against subsequent owners as well. Council member Morgan inquired whether the Council needed to adopt Ordinance No. 758 if they approved Ordinance No. 761, and City Attorney Wines responded a rezone application last year led them to believe both should be adopted, because the city did not have a process in place to deal with that particular situation. He suggested the language could be rewritten to incorporate the procedures. City Manager Schulze explained Ordinance No. 758 did not create any new uses, but rather provided for a review process not currently in the Code, so staff would have proper criteria to follow. City Attorney Wines suggested as a cross-reference to Chapter 17.60, inserting abandoning the use would result in the property reverting to R-16 use. Deputy Mayor Odermat opened the meeting for public comment. Mark Nelson, 1233 Evergreen Point Road, was in full agreement with passage of both Ordinance Nos. 758 and 761. He read aloud language from Chapter 17.60, and suggested the need to add "historical use permit" to that chapter. City Manager Schulze noted there was no requirement to hold a public hearing for Ordinance Nos. 758 and 761 because they were procedural in nature, and not specific to a land use. He added the PC would discuss the historical use conditions during their September 9, 2003 meeting and a PC public hearing regarding the historical use permit and concomitant agreement would be scheduled for October 7, 2003. City Attorney Wines stated a clause could be added to denote any historical use permitted would be deemed abandoned if 90 days or more had passed, and the Council was unanimously in favor. Council member Rudolph moved, seconded by Council member Nunn, to approve Ordinance No. 758, Procedures for Rezoning Applications, and the motion carried unanimously. Council member Adam moved, seconded by Council member Nunn, to approve Ordinance No. 761, Historical Use Permits. Council member Morgan amended the motion to include the City Attorney's suggested modifications, and Ordinance No. 761, Historical Use Permits, was unanimously approved. C1ty Council Meeting Minutes September 8, 2003 Page 5 Council member Nunn left the meeting at 9.50 p.m. Discussion of Streets Functional Classifications — PWD Jahn noted Council approval of this proposal would give Medina an official functional classification that maintained consistency for categorization of the city's street network. By consensus, Streets Functional Classifications were approved in concept, with the City Attorney to draft an ordinance for consideration at a future meeting. Discussion of Administrative Variance Clerical Changes — Planning Consultant Gellings explained the PC had recommended the changes outlined in his staff report regarding administrative review of applications. The Council approved Administrative Review changes in concept, and directed to draft an ordinance for the October 13, 2003 consent agenda. Discussion of House Height Regulations — Planning Consultant Gellings relayed the PC had prepared a potential problem statement concerning building height regulation in Medina, and recommended the Council review it and provide direction regarding whether or not further investigation was warranted. He noted the present Code only referenced original grade, and a few PC members had expressed concern with some of the technical issues of how building heights were measured in the zoning code. Further, measuring height from original finished grade would render a lot of nonconformities. Mark Nelson, 1233 Evergreen Point Road, stated Medina Heights residents wanted a sloped roof rather than a flat one, and he represented others who had also expressed that opinion. Following discussion, the Council supported only fixing the R-16 original/finished grade problem, and nothing more. Discussion of 841h Avenue NE Tree Replacement Plan — Council member Blazey inquired whether any Council members were on the Overlake Golf and Country Club Board. None were, but it was noted both PC member Bob Brog and former PC member Gary Andreini were both active on that board. It was suggested both representatives of Overlake Golf and St. Thomas Church should be involved. PWD Jahn was of the opinion the trees were on the property right-of-way line, and were therefore, a joint shared responsibility. City Manager Schulze recalled the Council had approved removal of trees that were deemed hazardous. PWD Jahn noted the arborist had not recommended Poplars as replacements, but he had recommendations for trees that would work in that area. By consensus, the Council approved formation of the 84`h Avenue NE Tree Committee, with Council member Adam and Deputy Mayor Odermat to represent them, and participation by St. Thomas Church, Overlake Golf and City of Clyde Hill representatives. Discussion of Parking Regulations and Policies — It was decided Council member Blazey would meet with Chief Knapp and the City Manager to discuss parking regulations prior to Council discussion. Discussion of City Hall Business Hours — City Manager Schulze furnished background information regarding city hall business hours. Deputy Mayor Odermat complained it was frustrating to only receive a voice mail message, rather than talking with a human being. She was not sure overlapping shifts as a compromise was a workable solution, and recommended the Council wait until Council member Nunn could participate and to delay any decision until Pete Vall-Spinosa was on board. Council member Adam suggested if a staff member would be absent for the day, the voice mail message should indicate that. He also thought city hall should be open five days a week. After further discussion, the Council supported a four -day work schedule, provided City Hall was open five days a week. NEW BUSINESS Change in Time for 2004 Study Sessions and Day of Week Meetings are Held in 2004 — Council member Blazey suggested the Study Session times be changed to 7:00 p.m., so citizens could more easily attend. He also recommended changing meetings to another day later in the week. The Council requested these issues be discussed at a future meeting. Advisory Body Appointments by Council — The Council agreed the Personnel Committee should review advisory body appointments, with a recommendation made to the Mayor before coming to the full Council for confirmation. Deputy Mayor Odermat stated a third person was needed on the Personnel Committee, and recommended that Council member Rudolph serve. Council member Rudolph was appointed to the Personnel Committee for the remainder of 2003. City Council Meeting Minutes September 8, 2003 Page 6 Discussion of Side Yard Setbacks — Council member Rudolph requested side yard setbacks be on the October Council agenda. Council member Morgan indicated he had sent the City Manager a message suggesting reconsideration of side yard setbacks as an agenda item for the September meeting. City Manager Schulze replied he had not received it, due to Council member Morgan using the wrong e-mail address. The Council decided discussion of side yard setbacks would be part of the October meeting agenda, with a memo from Council member Morgan as background on the intent, including the need to grandfather existing sites, and the need to identify properties to be excluded. EXECUTIVE SESSION At 1 1:11 p.m., the Council by consensus adjourned into Executive Session and reconvened at 11:30 p.m. ADJOURNMENT Council member Morgan moved, seconded by Council member Blazey, to adjourn the meeting at 11:30 p.m., and the motion carried unanimously. Attest: Caroll P. Wedlund, Recording Secretary Mary Odermat, Deputy Mayor