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HomeMy WebLinkAbout09-25-2006 - Agenda PacketMEDINA CITY COUNCIL STUDY SESSION AGENDA September 25, 2006 6:00 p.m. 501 Evergreen Point Road Medina, WA A. CALL TO ORDER 6:00 p.m. B. ROLL CALL (Adam, Biglow, Blazey, Lawrence, Phelps, Rudolph, Vall-Spinosa) C. EXECUTIVE SESSION — Discussion of Labor Negotiations. D. ANNOUNCEMENTS 1. Mayor 2. Council 3. Staff E. DISCUSSION 1. Tree & Vegetation Ordinance 2. 2007 Budget Discussion 3. Initiative 933 Discussion 4. SR 520 Project Draft EIS Comments & Preferred Alternative Resolution 5. Donations Policy 6. Council Agenda Calendar F. ADJOURNMENT PUBLIC PARTICIPATION The Medina City Council encourages public participation and values input from citizens. In an effort to conduct meetings in a fair, but efficient manner, the City Council will follow previously adopted procedures, which are available in the City Clerk's Office. All comments shall be addressed to the Council as a whole in a courteous and respectful manner. Citizens wishing to address the Council should complete a speaker card and submit it to the recording secretary prior to the start of the meeting. Speaker cards are on the podium prior to the start of the City Council meetings. Meeting Agenda is subject to change prior to approval of the agenda during the meeting. Persons interested in a specific agenda item may wish to call the City Clerk at (425) 233-6400 before 4:00 p.m. on the date of the meeting to confirm agenda items. City of Medina AGENDA STATEMENT AGENDA ITEM TITLE: MEETING DATE: DATE THIS ITEM WAS LAST CONSIDERED BY COUNCIL: Tree and Vegetation Code September 25, 2006 July 24, 2006 ITEM E - 1 SUMMARY OF ISSUEITOPIC: Follow-up to Council's July 24 discussion of the topic is being provided. COMMISION RECOMMENDATION: ❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® N/A CITY MANAGER: ❑ APPROVE ❑ DISAPPROVE ® SEE COMMENTS COMMENTS: One special follow-up item was to arrange for Jack McKenzie, Town Administrator for Hunts Point, to attend the City Council meeting to discuss Hunts Point's experience with tree codes. ATTACHMENTS: E-1a -- Full text of currently -adopted ordinance with "Decision Area Call-Out's", starting on page 12 E-1 b -- Inventory of large tree removals since 2004 BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $ none ❑ BUDGETED ❑ NON -BUDGETED FUND: ❑ RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE) 1 move If Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. P:12006 Agenda Packets10925200611tem E-1, tree code. doc A. PURPOSE AND APPLICABILITY 12.28.010 Purpose A. These regulations are adopted for the following purposes, which shall be considered in the administration of this code: 1. To promote the public health, safety and general welfare of the citizens of Medina; 2. To preserve and enhance the physical and aesthetic character by preventing indiscriminate removal or destruction of significant trees and vegetative cover; 3. To promote land development practices that result in a minimal disturbance to the City's natural environment; 4. To promote the existence of wildlife with the establishment of shoreline plantings and native trees which will provide habitat for fish and wildlife in the lakes and streams; 5. To promote replanting of vegetation in sensitive areas providing wildlife habitat and stabilization of soils on steep slopes; 6. To minimize surface water and ground water runoff and diversion, and to prevent erosion and the risks of slides; 7. To minimize the need for additional storm drainage facilities; 8. To retain clusters of trees for the abatement of noise and wind protection; 9. To acknowledge that trees and vegetative cover produce oxygen from carbon dioxide and are an aid in reducing air pollution; 10. To minimize the devaluation of property values due to unnecessary destruction of trees and vegetative cover; 11. To promote building and site planning practices that are consistent with the City's natural topography and vegetative cover while recognizing that certain factors such as condition (e.g. disease, danger of falling etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal or pruning of certain trees and vegetative cover; 12. To ensure prompt development, restoration, City of Medina Tree Code Revisions - 1 - 9/19/2006 replanting and effective erosion control of property after tree removal through the use of phased development, landscape plans and other reasonable controls; 13. To reduce siltation and water pollution in Lake Washington; 14. To implement the City of Medina Comprehensive Plan and Community Design Inventory; 15. To support the goals and policies of the State of Washington Environmental Policy Act, the Bald Eagle Protection Act, the Federal Endangered Species Act, and the 4d Rule; 16. To provide for reasonable development of land in Medina; 17. To maintain the existing tree canopy. B. This chapter is intended to be a law of general application for the public at large; it is not intended for the particular benefit of any individual person or group of persons other than the general public, and it is not intended to impose liability on the City or its officers, agents, consultants or employees running to individual members of the public. C. Nothing contained in this chapter is intended to be nor shall be construed or form the basis for any liability on the part of the City, or its officers, agents, consultants or employees, for any injury or damage resulting from any person's failure to comply with the provisions of this chapter or by reason of or in consequence of any act or omission in connection with the implementation of or enforcement of this chapter. 12.28.020 Definitions For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. The word "shall" is always mandatory: "Medina landscape plan" refers to the following map which is adopted and which diagrams the landscaping plan for City arterial streets. See Figure 12.28-2 (below). City of Medina Tree Code Revisions - 2 - 9/19/2006 Medina Landscape Plan y h 111111111 Standard Street Right 2 a Property from from approx centerline of the street to properly line. ©....... Restricted Right -Of -Way .. Property from approximat ® NE 11.1zditi '•� property pyfine; restricted tree © rof (� © oObo Historic Area W l _) Property owner must main i historic trees. Overtake 0 z ? Country Club : o For reference, see also City-wide and discussion of community, arts neighborhoods in the Comprehens' and ft Community Design invan O 1 Fairweather Nature Preserve 2 Three Points School 3 Medina Park NE ism St 4 Medina Elementary 3• l�saua,uC?� NE tom St 4 oaomoomoo�• .Overtake N Figure 12.28-2 "Key to Medina landscape plan" refers to Chart A City of Medina Tree Code Revisions - 3 - 9/19/2006 (below), which relates to the Medina landscape plan map and the list of preferred trees, shrubs and groundcovers. This list is subject to administrative modification. Key To Medina Landscape HII t!llUttt! Sid ROW Lin A i3' of frvnr 21 1 List A Re smcmd ROW. (due w Lisa B •ir�r �i�♦ W�im views. =) 15, of a= vatd List A e+� Pudic Uses i _ Medina P=t ; r— 7 CA7saadtP %xit�wc er Nat�tns FiteI Devdov Sc Thoa M C =Th nd Pr� ! L. .,., J Scimoi # S{eciau( Medina Schaoi Time Points Scholl City of Medina Tree Code Revisions - 4 - 9/19/2006 "City of Medina Preferred Plant List" means the lists together with explanatory maps and diagrams administratively adopted by the City, describing landscape species suitable for the City's arterial street rights -of -way and adjoining private property, where applicable. "Medina Tree Fund" is a fund established for the financial mitigation for tree removal within the City. The fund is to be used to plant trees in the City's rights -of -way and parks as deemed appropriate by the City manager or his/her designee. "ANSI" is the American National Standards Institute. "Buffer" refer to MMC 18.12.020. "Buildable area" refer to MMC 17.12.010. See Figure 12.28-1 (below). Eludkhtblo Ares IIro eriy bin4 _,J I,it ildii-ig SOWA l iw "Building Footprint" is that portion of the lot covered by the primary building and measured from the outside eave of the primary building. "Building, Primary" refer to MMC 17.12.010. "Brush" consists of plants that are native, ornamental, or invasive species growing on a site. This includes groundcover, shrubs and small trees. "Clearing and grubbing" is the removal or destruction of 2,500 square feet or more of vegetative cover, whether or not roots and stumps are removed. City of Medina Tree Code Revisions - 5 - 9/19/2006 "Coniferous trees" are those trees that are called evergreen, have needles or scales for leaves, and bear seeds in protective cones. This includes a few rare conifer trees that lose their needles in the fall such as: Tamarack or Larch, Larix sp.; Dawn Redwood, Metasequoia glyptostroboides; or Bald Cypress, Taxodium distichum. "Critical areas" in the City of Medina, include the following areas or ecosystems: fish and wildlife habitat conservation areas, geologically hazardous areas, and wetlands, as defined in RCW 36.70A and this Title. "Designated official" is the City manager or City manager's designee. "Diameter" means the replacement tree diameter measured one (1) foot above its root crown. "Diameter Breast Height (DBH)" is the diameter measurement in inches of the outside bark of a tree trunk, measured at four and one half (4.5) feet above the surrounding ground surface. "Exterior Alteration" means any modification to the exterior walls on any existing structure on any site. "Groundcover" is a prostrate form of woody or herbaceous plant material used as a low maintenance method of vegetating landscape areas. "Hazardous tree" is a tree that exhibits a threat of injury to people or significant damage to property. The following conditions are some indications of a potentially hazardous tree: large dead or detached branches; significant cavities or rotten wood along the trunk or in major branches; fungal infection; significant cracks or splits in the bark; strong lean of the trunk; poor branching structure; a damaged root system; previously topped or heavily pruned. The City may require that the hazardous condition of a tree be corroborated by a certified arborist selected by the City. "Historic trees" are those trees designated by the Medina Landscape Plan and its key. "Land Alteration" means any movement or modification of more than twenty five (25) cubic yards of earth material on any site. "Plantable area" is the pervious surface portion of the City's street rights -of -way located between the street edge and the adjoining property line. The plantable area also includes the area of any planting strip between the existing sidewalk or pathway and the edge of the street. The plantable area excludes the sidewalk and driveways. "Pruning" means that which removes any portion of the City of Medina Tree Code Revisions - 6 - 9/19/2006 tree or shrub. Pruning may not exceed one-third of the plant in a one-year period. "Public property" is defined as any property under direct ownership or control of the City of Medina. This includes, but is not limited to, parks, green belts, open spaces, and grounds around public buildings. "New Development" means the construction of any primary building on any site. This construction may occur on an undeveloped site or may include the demolition of an existing building to allow for construction of a new building. Replacement requirements for new developments shall also apply to trees removed within two (2) years prior to or two (2) years after new development. "Reconstruction" shall be defined as the term is defined in MMC 17.12.010, including any future amendments. "Removal" is defined as cutting to the ground or cutting of a plant to a degree that it will not recover. "Replacement tree" means a coniferous or deciduous tree required by the City of Medina to be planted as replacement for an existing tree proposed for removal. "Setback area" refer to MMC 17.12.010. "Sensitive areas" see "Critical areas". "Shrub" is a low woody plant, usually with multiple shoots or stems from a base that does not exceed twenty (20) feet in height. "Significant tree" is defined as any tree with at least one trunk of six (6) inches in diameter or greater, measured at DBH. "Steep slope" is a slope forty (40) percent or greater, that is a minimum of eight (8) feet in height as measured from a horizontal line intersecting the toe of the slope. The area within twenty-five (25) feet, horizontally, from the top of the slope shall be considered a portion of the steep slope. "Stream" refer to MMC 18.1.2.020. "Street design standard" means the City right-of-way design standards adopted as part of the City's comprehensive plan. "Tree removal permit" is a permit issued by the City of Medina that authorizes the removal or pruning of trees and vegetative cover under the provisions of MCC Chapter 12.28. "Vegetative cover" is defined as all vegetation including the ground cover layer, shrubs, and trees. "Wetlands" refer to MMC 18.12.020. "Wetland edge" is the boundary of wetland as City of Medina Tree Code Revisions - 7 - 9/19/2006 delineated based on the definitions contained in MMC Chapter 18.12. 12.28.030 Applicability The tree preservation and replacement requirements of this chapter apply to the removal of trees on all newly developed and reconstructed property in the City and for removal of trees 24" DBH and greater on private property at any time. A. A Tree Removal and Landscape Permit is required for removal of significant trees: 1. on public property or within a City right-of-way area; 2. on land under new development or reconstruction or involving land alteration; 3. greater than or equal to twenty-four (24) inches DBH on private property at any time. 4. designated historic trees on the Medina Landscape Plan. B. A Tree Removal and Landscape Permit is required for landscape improvements: 1. along minor arterial and collector street rights - of -way abutting properties under development or reconstruction; 2. along NE 8th Street, 82'ld Avenue NE, 84th Avenue NE (south of NE 12th Street), and Evergreen Point Road (north of 78t1i Place NE) street rights -of -way abutting properties under development or reconstruction; 3. associated with tree replacement requirements in this chapter; 4. within a steep slope area; 5. within a wetland or wetland buffer; 6. within two -hundred (200) feet of the ordinary high-water mark of Lake Washington; 7. within a stream or stream buffer; 8. on any land that is designated as a critical area; and 9. associated with clearing and grubbing. C. A Tree Removal and Landscape Permit, where required, will be issued by the City of Medina based on the criteria and conditions established in this chapter. City of Medina Tree Code Revisions - 8 - 9/19/2006 Applications for tree removal and landscape may be obtained from City Hall. B. TREE PRESERVATION AND ARTERIAL STREET RIGHTS -OF -WAY LANDSCAPING REQUIREMENTS 12.28.040 Submittal Requirements for Tree Removal During New Development or Reconstruction An application for a tree removal permit shall be submitted on a form provided by the City, together with three (3) copies of a survey plan, site plan and a landscape plan drawn to a scale acceptable by the City. The landscape plan shall include tree retention/replacement and a tree preservation program. The designated City official may waive any unnecessary submittal requirements. Plans submitted for review shall include, but are not limited to, the information as described hereinafter: A. Survey Plan. The survey plan shall be prepared by a State of Washington licensed surveyor and shall indicate the entire property (showing surveyed property lines and corner stakes), abutting street rights -of -way (showing pavement and sidewalks) and/or abutting private lane easements (showing pavement). The survey plan shall further indicate the location, genus, common name, and size of all significant trees located on the property and within adjoining street rights -of -way and/or private lane easements. A topographic map at two (2) foot intervals covering the entire site is required for purposes of grading, drainage and building height unless exempted by the designated official. Areas on the property with slopes of forty (40) percent and greater shall be graphically depicted and in these areas the limits and types of existing vegetation shall be shown. Streams, wetlands, and the shoreline of Lake Washington, with associated buffers, shall be shown if applicable. B. Site Plan. The site plan shall include proposed improvements, alterations or adjustments to the subject property including, but not limited to, buildings, driveways, walkways, patios, decks, utilities, and proposed contours. Existing structures, whether proposed to remain or proposed for removal, shall be shown on the site plan. Inclusion of the required survey and site plan may be combined. City of Medina Tree Code Revisions - 9 - 9/19/2006 C. Landscape Plan. The landscape plan, submitted with clearing and grading plans, shall identify all significant trees as stated in item A of this section; show, if applicable, the overall planting plan for sensitive areas, and the street right-of-way; identify trees to be retained, trees to be removed, and replacement trees consistent with the requirements of this chapter. A permit for tree removal may be issued by the City following review and approval by the City landscape consultant in accordance with MMC 12.28.050. Trees being removed must be replaced under the provisions of this chapter. The location, size, genus, species, and common name of the replacement tree shall be indicated. The landscape plan shall indicate the right-of- way area consistent with the Medina Landscape Plan. See Figure 12.28-2. The landscape plan shall be prepared by a State of Washington registered landscape architect, Washington -certified nurseryman, landscape designer, applicant, or a Washington -certified landscaper. 12.28.050 Review Criteria A. The application is compatible with the comprehensive plan. B. The application is consistent with the public interest in maintaining an attractive and safe environment; C. The application has no materially detrimental effects on nearby properties; D. The area devoted to vehicular access is minimized and designed to avoid unnecessary loss of significant trees. Areas necessary for appropriate sight lines at intersections, private lanes, driveways and where visibility is impaired due to a curve in the roadway shall be landscaped in a manner which shall preserve sight lines; E. Installation of utilities or storm drainage shall be minimized; F. Underground utilities shall be placed in the same area as the access drive wherever possible; G. Significant trees within the adjoining street right-of- way are to be retained whenever possible. A permit for significant tree removal shall be obtained in accordance with MMC 12.28.160; H. Species and placement of new trees are suggested by the applicant and reviewed by the City for consistency with City of Medina Tree Code Revisions - 10 - 9/19/2006 the "City of Medina Preferred Plant List"; I. The applicant shall guarantee the trees are healthy and viable for one (1) year after final inspection. J. Twenty-five (25) percent of all tree inches required for replacement shall be native to the Pacific Northwest and consistent with the native species indicated on the "City of Medina Preferred Plant List." City of Medina Tree Code Revisions- 9/19/2006 12.28.060 Replacement Requirement for Tree Removal Decision Area A: What During New Development or Reconstruction changes should be made to the The City shall require tree replacement as follows: mitigation requirements for A. The standard replacement ratio for the removal of significant tree removals on significant trees less than twenty four (24) inches DBH private property? from the abutting street rights -of -way, abutting private lane easements, required setback areas, and allowable building With the goal of generally area, excluding the primary building footprint shall be one- lowering the burden of hundred (100) percent of the total diameter inches of the mitigation, staff provided a removed trees. The replacement trees shall be a minimum proposed replacement to the of two and one half (2.5) inches in diameter. A minimum current schedule of mitigation of twenty-five (25) percent of the required replacement tree in the July 18 staff report. The inches shall be of the same genus as the trees removed council did not reach a decision unless the trees removed are of a genus and species on changes. A few ideas identified as a prohibited tree on the "City of Medina supported by at least one Preferred Plant List." Coniferous trees shall also be a council member were: 1) minimum height of eight (8) feet at the time of final maintain the threshold between inspection. (See MMC 12.28.085 for standards applicable the lower and middle ranges at to steep slopes.) 24 inches instead of the 20 inch B. The standard replacement ratio for the removal of threshold in the staff proposal, significant trees which are a minimum of twenty four (24) 2) waive mitigation for all inches DBH, but less than thirty six (36) inches DBH, from deciduous trees, and 3) waive the abutting street -rights -of -way, abutting private lane mitigation for all "weed trees." easements, required setback areas, and allowable building area, including the primary building footprint shall be one- A concept for restructuring the hundred twenty five (125) percent of the total diameter mitigation rules that received inches of the removed trees. The replacement trees shall be some support from multiple a minimum of two and one half (2.5) inches in diameter. A council members was to minimum of twenty-five (25) percent of the required incorporate a reward -based replacement tree inches shall be of the same genus as the system for encouraging property trees removed unless the trees removed are of a genus and owners to preserve the species identified as a prohibited tree on the "City of maximum number of trees on Medina Preferred Plant List." Coniferous trees shall also be their lot. The closest working a minimum height of eight (8) feet at the time of final model of this concept that staff inspection. (See MMC 12.28.085 for standards applicable have encountered is the City of to steep slopes.) Bellevue's code which C. The standard replacement ratio for the removal of stipulates that mitigation is not significant trees thirty-six (36) inches DBH and greater, required until the number of from the required setback areas, allowable building area, preserved trees drops below a including the primary building footprint, or on street rights- defined percentage of trees of -way or private lane easements, shall be two hundred originally on the lot. This (200) percent of the total diameter inches of the removed system provides the "reward" of trees. The replacement trees shall be a minimum of four (4) no mitigation when property inches in diameter. A minimum. of fifty (50) percent of the owners are strategic in selecting City of Medina Tree Code Revisions - 12 - 9/19/2006 required replacement tree inches shall be of the same genus their removals to attain the as the trees removed unless the trees removed are of a minimum percentage of genus and species identified as a prohibited deciduous tree preserved trees. The on the "City of Medina Preferred Plant List." Coniferous disadvantage of this system is trees shall also be a minimum height of ten (10) feet at the that heavily wooded lots can time of final inspection. (See MMC 12.28.085 for standards still remove a (relatively) large applicable to steep slopes.) number of trees without D. Should the on -site placement of the number of mitigation. trees required by this section, as determined by the City landscape consultant after review of the applicant's plans, Decision Area B: What be inconsistent with acceptable landscape practices, the changes are warranted to the property owner may pay a fee into the Medina Tree Fund, hazardous tree provision? in lieu of planting required tree replacement in excess of fifty (50) percent of total required replacement inches. At a While only two arborist's minimum, fifty (50) percent of the total required recommendations have been replacement inches shall be planted on the project site. The rejected by staff, there has been fee shall be based on a per caliper -inch cost equal to the interest in exploring a different required number of replacement caliper inches not planted system for granting hazardous on the subject property. For purposes of this section, tree exemptions from vehicular access easements or private lanes used by the mitigation. A staff proposal property which is subject to tree replacement shall be was for the City to retain a considered part of the project site. With the written consent single arborist who would make of the owner(s) owning the property containing the all hazardous tree easement or lane, replacement trees may be planted within determinations. such easement or lane. With the written consent of the owners, replacement trees may also be placed on properties An idea that seemed to have which share a border with the property which is subject to more support from the City tree replacement. Council is to develop a pre- E. Mitigation shall not be required for hazard trees as qualified list of arborists that defined in MMC 12.28.105. A certified arborist report applicants must choose from. If using the International Society of Arboriculture method the Council decides to go in this found in "A Photographic Guide to the Evaluation of direction, staff recommends a Hazard Trees in Urban Areas," in its most recent adopted code change that stipulates that form, may be required by the landscape consultant. the arborist must be a member of the American Society of 12.28.065 Notification Requirement for Tree Removal Consulting Arborists (ASCA). Not During New Construction, Reconstruction or Land This certification program is Alteration. known to have a more stringent examination procedure than that Applicants proposing to remove significant trees on of the International Society of properties not undergoing new construction, reconstruction Arborists. Adopting this new or land alteration shall notify the city manager or designee certification system would at least ten days prior to the proposed tree removal. avoid the bureaucracy of Medina City staff having to 12.28.070 Tree Preservation Requirements During New establish and administer rules City of Medina Tree Code Revisions - 13 - 9/19/2006 Development or Reconstruction for adding and removing The preservation plan shall indicate the measures being arborists from our own pre - taken to assure the preservation of significant trees to be qualified arborist list. retained during construction. Measures to be employed shall include, but are not limited to, the following: A. Installation of a four (4) foot high protective fencing or barrier at the drip line of all trees to be retained; B. The grade level around any tree to be retained may not be raised or lowered within the greater of the following areas: (a) the area defined by the drip line of the tree, or (b) an area around the tree equal to one (1) foot in diameter for each inch of tree diameter measured at DBH. When necessary to retain an existing tree, construction of a tree well may be provided only with the approval of the City landscape consultant; C. Designation of areas on -site for parking, material and equipment storage which do not affect significant trees; D. Location of trenches for utilities to minimize the effect on the root structure of all trees to be retained, with provision for filling with a suitable growing medium in the vicinity of trees; E. Measures to be taken to protect root systems from smothering and compaction; F. A program for providing tree care during the construction period, including watering, fertilizing, pruning and pest control; G. Provision for the disposal of potentially harmful items, i.e., excess concrete, runoff from cleaning of concrete equipment, paint thinners, heating oil tanks, etc. City of Medina Tree Code Revisions - 14 - 9/19/2006 Of course, with any system that relies on applicants to hire their own arborist, City staff must reserve the right to reject any reports that are found to be flawed (while we hope we never have to exercise this right). Decision Area C. Are changes warranted to the building footprint exemption? Three council members felt that the footprint exemption should be broadened from the current range of up to 24 inches to a new range of up to 36 inches. Decision Area D (formerly concerned with tree mitigation exemption for Medina Heights, which was rejected 7/24): What changes should be made in the role of the Tree Fund? The tree fund was intended for situations where the code - prescribed amount of mitigation inches could not be reasonably accommodated on a property. The applicant could then make a donation to a citywide tree fund for the value of the mitigation inches not planted. In practice, the utilization of the tree fund has been very low. An idea discussed by the City Council was to use the tree fund to support a program of giving Medina homeowners free tree saplings for planting in public rights -of -way. 12.28.080 Landscaping Minor Arterial, Collector, and Decision Area F. Are the right - Other Street Rights -of -Way of -way planting standards in Unless otherwise specified in the Medina landscape plan, need of changes or in need at the following standards shall apply to landscaping within all? the plantable area of the City's minor arterial and collector street rights -of -way, (as defined in MMC Chapter 10.08) At the July meeting, a and NE 8th Street, 82°d Avenue NE, 84th Avenue NE (south photographic inventory of of NE 12th Street) and Evergreen Point Road (north of 78th recent projects was presented. Place NE) abutting the property. The following paragraphs A decision was not reached on A) through F) set forth the standards for landscaping in the what changes are desired. City's minor arterial and collector street rights -of -way for properties under development or reconstruction. All property owners adjoining other street rights -of -way are encouraged, but not required, to meet these standards: A. Trees Per Lot. There shall be a minimum of one (1) tree for each three hundred (300) square feet of the plantable area within the street right-of-way abutting the property. In no event, however, shall there be fewer than two (2) trees within the plantable area of the street right-of- way abutting the property. The requirements of this section may be satisfied with existing trees. The new trees shall be at least two and one half (2.5) inches in diameter. Coniferous trees shall also be a minimum height of eight (8) feet at the time of final inspection. New trees shall not be planted within three (3) feet of the edge of any paved roadway. B. Informal Planting Patterns. Trees and shrubs shall be planted in an informal pattern to create a natural appearance. C. Shrub Composition. More than half of the right-of- way plantable area shall be landscaped with shrubs. The shrubs shall be predominantly evergreens native to the Pacific Northwest (considering both existing and proposed plantings). New plantings shall be of a size that will achieve a minimum height of four (4) feet within five (5) years of planting. Shrubs shall not be planted within three (3) feet of the edge of any paved roadway. D. Screening of Fences. All fences within the front yard setback of the property shall be screened from view from the public right-of-way by plantings. The planting screen shall be composed of at least fifty (50) percent evergreen materials and a size that shall effectively screen City of Medina Tree Code Revisions - 15 - 9/19/2006 the fence from view of the public right-of-way within five (5) years of planting but shall not exceed the height requirement for fences as set forth in Title 17. An application may be exempt from these provisions with approval from the City landscape consultant. E. Groundcover. The remainder of the plantable area shall be planted with evergreen groundcovers and seasonal plantings extending to the edge of the pavement. The areas of seasonal planting shall not exceed twenty-five (25) percent of the total area of groundcover. F. Exceptions: 1. Shrubs, trees and plantings within the required sight line areas at private drives, private lane outlets and street intersections shall not interfere with required sight distances. 2. An applicant may be exempt from the provisions of this subsection if the right-of-way to be planted is planned for modification in the City Capital Improvements Plan. C. TREE PRESERVATION SPECIAL CIRCUMSTANCES 12.28.085 Steep Slope Areas A. On slopes twenty (20) percent or greater, applicants are encouraged to maintain the area in vegetative cover. Seventy (70) percent or more of the vegetative cover shall be retained. Replacement of trees shall be subject to the requirements of MMC 12.28.060. Replacement of vegetation other than trees shall be allowed at the owner's discretion. Said vegetative cover must be replaced within three (3) months from the removal of vegetative cover. B. On all slopes forty (40) percent or greater, tree removal will not be authorized at any time without an approved geotechnical report and mitigation plan verifying slope stability and proper erosion control practices to be implemented. No tree cutting, pruning, or brush removal may occur unless the tree proposed for removal is hazardous as defined by MMC 12.28.105. This condition may be waived with the submittal of a geotechnical report as described in this subsection. If the steep slope area is also considered a Geologically Hazardous Area, tree and vegetation removal shall be in accordance with MMC Chapter 18.12. City of Medina Tree Code Revisions - 16 - 9/19/2006 C. Replacement trees proposed on slopes forty (40) percent or greater shall be at least one (1) and no more than two (2) inches in diameter. Coniferous trees shall be a minimum height of six (6) feet and a maximum height of eight (8) feet unless a geotechnical analysis shows a larger tree could be located without affecting slope stability. 12.28.090 Lake Washington Shoreline Tree removal and land surface modifications for property within fifty (50) feet from the ordinary high water mark of the Lake Washington shoreline shall include a shoreline restoration plan for review and approval by the City landscape consultant and City engineer. The restoration plan shall be designed to stabilize soil surfaces, filter run- off (especially lawns), and provide shade to the near shore within two (2) years of planting. (Refer also to the Washington State Shoreline Management Act and the City of Medina Shoreline Master Program. Tree removal, pruning and construction are also subject to the Bald Eagle Protection Act and the Federal Endangered Species Act, where applicable.) 12.28.095 Streams and Wetlands A. Delineation surveys of a designated stream or wetland must be current to within two (2) years of the application for development. An application may be exempt from this provision with approval from the City of Medina designated official B. Tree and vegetation removal in streams or wetlands and associated buffers shall be in accordance with MMC Chapter 18.12. C. No power equipment may be used within a stream or wetland without the explicit approval of the City of Medina designated official. 12.28.100 Historic Trees The request to remove a designated historic tree may only be approved if the tree is determined to be a hazard as defined by MMC 12.28.105. All trees to be removed, which are designated as historic on the Medina landscape plan shall be replaced with the same species of tree or a substitute, approved by the City landscape consultant. Size, spacing, and quantity shall be approved by the City landscape consultant prior to planting. All replacement trees must be at least six 6 inches in diameter, measured at City of Medina Tree Code Revisions - 17 - 9/19/2006 one (1) foot above the root crown. 12.28.105 Hazardous Trees Removal of trees shall be allowed in emergency situations involving immediate danger to life or property or substantial fire hazards with the prior consent of the City. Requests to remove hazardous trees shall be accompanied by a certified arborist report using the International Society of Aboriculture method found in "A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas," in its most recent adopted form. The trees shall be rated using this protocol on a scale of one (1) to twelve (12). (One being least hazardous, 12 being the most hazardous). Only those trees with a rating of 11 or 12 will be allowed to be cut. Pruning or correctional action may be allowed on trees with a rating of 8, 9 or 10 based upon the discretion of the City landscape consultant. 12.28.110 Removal at Any Time of Trees 24 Inches or Greater A. Significant trees proposed for removal at any time which are a minimum of twenty-four (24) inches DBH, but less than thirty-six (36) inches DBH shall require replacement trees consistent with Section 12.28.060(B). B. Significant trees proposed for removal at any time which are thirty-six (36) inches DBH or greater shall require replacement trees consistent with Section 12.28.060(C). 12.28.120 Lots 12,000 Square Feet or Less A. Applicants proposing tree removal on properties which total less than twelve thousand (12,000) square feet do not have to mitigate for tree removal if the applicant retains six (6) or more significant trees of diameter twenty- four (24) inches or greater. B. Applicants retaining three (3) to five (5) significant trees of a diameter twenty-four (24) inches or greater, shall provide tree mitigation on -site in accordance with MMC 12.28.060, except the replacement ratio for removal of significant trees less than thirty-six (36) inches DBH shall be fifty (50) percent. Applicants retaining less than three (3) significant trees of a diameter twenty-four (24) inches or greater, shall provide tree mitigation on -site in accordance with MMC 12.28.060. City of Medina Tree Code Revisions - 18 - 9/19/2006 D. TREES IN PUBLIC RIGHTS -OF -WAY 12.28.130 General Provisions A. All owners of the property adjoining the right-of- way shall be responsible for maintaining all trees, shrubs, and other landscaping planted in the right-of-way by the property owner or previous owner of the property and must insure the trees, shrubs and landscaping do not interfere with the free passage of vehicles and pedestrians or cause any risk of danger to the public or property. B. If adjoining property owners fail to properly maintain vegetation planted in the right-of-way, as outlined in A above, the City shall have the right to perform the required maintenance at the expense of the adjoining property owner. C. No poplar, willow or cottonwood trees shall be planted in the rights -of -way after the effective date of the ordinance codified in this chapter. D. All provisions of this chapter shall apply equally whether the City's title to the right-of-way was obtained by dedication, condemnation, deed or in any other manner. E. For purposes of this chapter, a person shall be considered to adjoin only to the centerline of the right-of- way. 12.28.140 Tree Trimming or Removal Permit — Required A. No significant tree located in a City right-of-way shall be trimmed, pruned or removed without first obtaining a permit or an approval letter from the City of Medina designated official as determined by the City manager. B. No tree located in the City right-of-way shall be removed without first obtaining a permit or an approval letter from the City of Medina designated official as determined by the City manager. C. Tree trimming and pruning of trees in the right-of- way by owners of the property adjoining the right-of-way shall be exempted from obtaining a permit as outlined in A and B above if such tree trimming follows ANSI standards, does not endanger the life of the tree, and the limbs involved do not exceed three (3) inches in diameter and twenty five (25) percent of the canopy of the tree. D. Removal of trees shall be allowed in emergency situations involving immediate danger to life or property or City of Medina Tree Code Revisions - 19 - 9/19/2006 Decision Area E: Should there be any changes to the policies reflected in the right-of-way removals division? While the Council did not reach a decision in this area, the idea of deregulating removal of deciduous and / or weed trees was discussed. substantial fire hazards with the prior consent of the City manager or a designated official as determined by the City manager. E. Requests to remove hazardous trees in the right-of- way shall be accompanied by a certified arborist report using the International Society of Aboriculture method found in "A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas," in its most recent adopted form. The trees shall be rated using this protocol on a scale of one (1) to twelve (12). (One being least hazardous, 12 being the most hazardous). Only those trees rating an imminent hazard rating of 11 or 12 will be allowed to be removed. Pruning or correctional action may be allowed on trees with a rating of 8, 9 or 10 based upon the discretion of the City landscape consultant. The City manager or a designated official, as determined by the City manager, has the discretion to waive the requirements for removal of a hazardous tree(s) from the City right-of-way. F. The City is exempt from the above permit requirements for trimming, pruning or removal of any tree in the City right-of-way. 12.28.150 Tree Trimming or Removal Permit — Who May Apply A. Any person may submit an application to trim, prune, or remove trees growing in the public right-of-way which block the applicant's view, obstruct sunlight, impair sight distances at driveways or intersections or create potential hazards to life or property. B. Any person who owns real property which adjoins the public right-of-way with the trees under consideration may submit an application to trim, prune, or remove trees or in such right-of-way for any reason. One or more persons may join in submitting a joint application. 12.28.160 Application for the Removal and/or Trimming of Trees in Public Rights -of -Way A. All applicants requesting approval to trim, prune or remove any tree(s) in the public right-of-way not adjoining the applicant's property shall submit the following information: 1. Street address or location description of property adjoining the right-of-way; 2. Name and address of person requesting the City of Medina Tree Code Revisions - 20 - 9/19/2006 3. Area map showing the applicant's property, the area of right-of-way containing the tree(s) under consideration and any property adjoining said right-of-way; 4. Topographic map at a scale of not less than one (1) inch equals one hundred (100) feet showing the location of the tree(s) under consideration and the location of the buildings or structures on all properties adjoining the right- of-way; 5. The number, location, diameter measured at DBH approximate height, condition, and type of tree(s) under consideration; 6. A written statement from the applicant describing the extent and type of trimming or pruning proposed, the proposed height after trimming or pruning and the basis for the relief requested; 7. Application form as provided by the City with the appropriate fee; 8. Upon request, the applicant shall submit such further information as may be deemed necessary or useful by the City. B. All applicants requesting approval to trim, prune or remove any tree(s) in the public right-of-way adjoining the applicant's property shall submit the following: 1. Street address or location description of property adjoining the right-of-way; 2. Name and address of person requesting the permit; 3. Area map showing the applicant's property, the area of right-of-way containing the tree(s) under consideration and any property adjoining said right-of-way; 4. The number, location, diameter measured at DBH approximate height, condition, and type tree(s) under consideration; 5. A written statement from the applicant describing the extent and type of trimming or pruning proposed, the proposed height after trimming or pruning and the basis for the relief requested; 6. Application form as provided by the City with the appropriate fee; 7. Upon request, the applicant shall submit such further information as may be deemed necessary or useful by the City; C. All applications for permits under this chapter shall be filed with the City clerk at least thirty (30) days before the permit is granted or denied. City of Medina Tree Code Revisions - 21 - 9/19/2006 12.28.170 Tree Trimming or Removal Permit — Consideration of Application A. All applications for permits for tree removal or trimming by adjoining property owners shall be determined by the City manager or City manager's designee. B. Any tree trimming, pruning or removal of trees in the right-of-way by owners of property not adjoining the subject right-of-way shall require consideration by the hearing examiner at any regular meeting of the hearing examiner. 12.28.180 Tree Trimming or Removal Permit — Conditions for Approval No application filed under this chapter shall be approved unless the City manager or City manager's designee determines the application meets the following minimum requirements: A. The application is compatible with the intent of the comprehensive plan; B. The application is consistent with the public interest in maintaining an attractive and safe environment; C. The application has no materially detrimental effects on nearby properties; D. All significant trees shall be retained in rights -of - way unless removal is necessary for access or for safety reasons, including trees in danger of falling or losing limbs and trees which need to be removed to provide adequate lines of vision for persons in vehicles. E. Replacement tree mitigation for significant tree removal shall be in accordance with the requirements of this chapter. F. All trimming must be performed in a manner approved by the City landscape consultant and shall conform to the following requirements: 1. Any trimming must not exceed twenty five (25) percent of the canopy of the tree in the area unless necessary to provide adequate relief; 2. The relief requested must not unreasonably interfere with the adjoining property owners' rights to the use and enjoyment of the right-of-way including but not limited to said owners' interest in landscaping, aesthetics, erosion control, noise control, shade and development of the unimproved portion of the right-of-way in a manner consistent with the development of the adjoining and City of Medina Tree Code Revisions - 22 - 9/19/2006 surrounding properties; 3. The proposed trimming must not cause any unnecessary mutilation or damage to the trees and should be in accordance with ANSI Standard A300; G. The City manager or City manager's designee shall issue a written report containing findings setting forth the reasons for the decision. 12.28.190 Notice of Application Posting A. A notice of application is required for any applicant submitting an application for trimming, pruning, or removal of significant trees not adjoining the applicant's property. B. Not less than ten (10) days prior to the issuance or rejection of the permit, the City shall post two notices of the application within three -hundred (300) feet of the tree(s) to be trimmed or removed, shall post notice of the application in all usual locations established by the City and shall mail notices of the application to all persons owning property which adjoins that portion of the right-of-way containing the tree(s) affected by the application. 12.28.200 Survey of Affected Properties A. The designated City official may require, as a condition of approval of any permit, that the applicant obtain a survey, by a State of Washington licensed surveyor, to determine whether the tree(s) described in the application are within the City's right-of-way. B. Such survey must be obtained by the applicant if any person opposes the permit and claims one or more of the trees in question are located on such opponent's property. 12.28.210 Implementation and Costs A. Any tree trimming or removal governed by this chapter shall be performed by a State of Washington licensed tree service contractor, bonded and insured for the liabilities associated with tree removal. All costs of trimming and removal shall be at the applicant's expense. At least ten (10) days prior to the trimming or cutting of any trees authorized by a permit issued pursuant to this chapter, the City shall mail notices to all persons owning property which adjoins that portion of the right-of-way containing the tree(s) affected by the permit, and any other persons who asserted an interest in the subject of the permit, advising such persons that the permit has been issued, that the appeal period has expired, and further City of Medina Tree Code Revisions - 23 - 9/19/2006 advising the date on or after which the trimming or cutting will be performed. The notice shall include a copy of the permit, or all pertinent information contained in the permit, stating the trees and part of the right-of-way affected by the permit and the telephone number at which further information can be obtained. B. Any application approved under the provisions of this chapter shall become void and the applicant shall obtain no rights there under unless the applicant has completed the trimming or removal within eighteen (18) months of the approval. 12.28.230 Tree Trimming, Pruning or Removal by a Public or Private Utility A. All tree trimming, pruning and/or removal in City rights -of -way to be accomplished by a public or private utility for any purpose shall not be performed without first obtaining a permit approved by the hearing examiner in accordance with the provisions of MMC Chapter 2.78. B. Prior to a hearing before the hearing examiner, the permit applicant shall submit a comprehensive work plan to the City manager or the City manager's designee for review and concurrence. C. A permit applicant's work plan shall adhere to the provisions found in other applicable sections of MMC Chapter 12.28 as well as any special provisions as defined by the City manager or the City manager's designee. E. GENERAL PROVISIONS 12.28.240 Process A. Any permit granted hereunder shall expire eighteen (18) months from the date of issuance or upon expiration of a corresponding building permit, whichever occurs later. Approved plans shall not be amended without authorization of the City landscape consultant. The permit may be suspended or revoked by the City landscape consultant or designated official due to incorrect information, supplied knowingly or otherwise, or any violation of the provisions of the MMC. B. No work shall commence until a permit notice has been posted on the subject site at a conspicuous location. The notice shall remain posted until the project has been completed. C. Applications for tree removal permits may be City of Medina Tree Code Revisions - 24 - 9/19/2006 circulated to other City departments or State agencies for review and approval as is deemed necessary by the City landscape consultant. D. An occupancy permit shall not be issued until all required landscaping is complete and approved by the City landscape consultant or the applicant deposits to the City a dollar amount calculated by the City, based on one -hundred fifty (150) percent of the estimated cost of landscaping and tree mitigation not complete at the time of inspection. This deposit shall be refunded at the completion of the required landscaping. 12.28.250 Exemptions The following may be exempted from the provisions of this chapter as determined by the City manager or City manager's designated official: A. Removal of trees for the installation and maintenance of fire hydrants, water meters, pumping stations, or other utilities by the City or its contractors; B. The provisions of this chapter shall not apply to tree trimming or removal by the City for any purpose allowed or required by the City or by law. 12.28.260 Appeals The applicant and/or any person ,or persons aggrieved by a decision of the designated City official approving, denying, or approving with conditions an application for removal or trimming of trees based on the requirements of this chapter, may appeal the decision to the hearing examiner by filing a notice of appeal with the City clerk within fourteen (14) days after the decision is issued. 12.28.270 Fees Application fees for Tree Removal and Landscape Permits and Removal or Trimming of Trees in Public Rights -of - Way shall be provided to the City clerk at the time of submittal of the application. 12.28.280 Violation — Penalty Violation of any provision of this chapter shall constitute a civil infraction, punishable by a civil penalty not to exceed five thousand dollars ($5,000.00). City of Medina Tree Code Revisions - 25 - 9/19/2006 TREE REMOVAL 20" AND GREATER SINCE 2004 Address Common Name Caliper Mitiqation Required Date 3329 Evergreen Point Road Douglas Fir 24 30 April-04 3329 Evergreen Point Road Douglas Fir 40 80 April-04 3329 Evergreen Point Road Maple 36 72 April-04 3329 Evergreen Point Road Western Red Cedar 24 30 April-04 518 Upland Road Deodar Cedar 37 0 Oct-05 518 Upland Road English Yew 23 0 Oct-05 518 Upland Road Dogwood 26 0 Oct-05 1247 Evergreen Point Road Cedar 24 30 Mar-04 1247 Evergreen Point Road Douglas Fir 20 0 Mar-04 1247 Evergreen Point Road Douglas Fir 20 0 Mar-04 2403 Evergreen Point Road Douglas Fir 30 37.5 Feb-04 2403 Evergreen Point Road Bigleaf Maple 30 37.5 Feb-04 2403 Evergreen Point Road Bigleaf Maple 20 20 Feb-04 2403 Evergreen Point Road Black Cottonwood 24 30 Feb-04 2403 Evergreen Point Road Black Cottonwood 36 72 Feb-04 2403 Evergreen Point Road Cottonwood 30 0 Feb-04 2403 Evergreen Point Road Flowering Cherry 30 37.5 Feb-04 2403 Evergreen Point Road Norway Spruce 20 0 Feb-04 212 Overlake Drive East Deodar Cedar 31 38.75 Jun-04 212 Overlake Drive East Western Red Cedar 20 20 Jun-04 212 Overlake Drive East Western Red Cedar 24 30 Jun-04 212 Overlake Drive East Hemlock 37.5 75 Jun-04 212 Overlake Drive East Douglas Fir 38.5 77 Jun-04 212 Overlake Drive East Hemlock 28 0 Jun-04 212 Overlake Drive East Douglas Fir 42 84 Jun-04 212 Overlake Drive East Douglas Fir 42 84 Jun-04 3478 78th Place NE Western Red Cedar 32 40 May-04 3478 78th Place NE Western Red Cedar 32 40 May-04 3478 78th Place NE Western Red Cedar 36 72 May-04 3478 78th Place NE Western Red Cedar 36 72 May-04 3478 78th Place NE Western Red Cedar 20 20 May-04 836 82nd Ave NE Cedar 22 0 Feb-05 8611 NE 6th Street Douglas Fir 22 22 Jul-04 1859 Evergreen Point Road Pine 24 30 Jun-04 1257 Evergreen Point Road Hemlock 25 31.25 May-05 1257 Evergreen Point Road Hemlock 24 30 May-05 1257 Evergreen Point Road Western Red Cedar 36 72 May-05 1257 Evergreen Point Road Douglas Fir 45 90 May-05 322 Overlake Drive East Douglas Fir 25 0 Jan-04 402 87th Ave NE Western Red Cedar 28.5 35.5 Aug-04 2255 79th Ave NE Serviceberry 30 37.5 May-04 2255 79th Ave NE Douglas Fir 22.5 22.5 May-04 2456 78th Ave NE Apple 20 0 Jul-04 7807 NE 12th Street Western Red Cedar 32 1401 Sep-04 8612 NE 10th Street Flowering Cherry 30 0 Jan-06 8612 NE 10th Street Western Red Cedar 24 30 Jan-06 City of Medina Tree Code Revisions 9/19/2006 Address Common Name Caliper Miticiation Required Date 8612 NE 10th Street Birch 20.5 20.5 Jan-06 7722 Overlake Drive West Douglas Fir 22.5 0 Jun-04 2058 78th Ave NE Catalpa 20 20 Jan-06 2058 78th Ave NE Birch 36 72 Jan-06 8001 NE 8th Street Pine 20 20 Jan-05 8001 NE 8th Street Pine 21 21 Jan-05 8001 NE 8th Street Pine 24 30 Jan-05 8001 NE 8th Street Pine 24 30 Jan-05 8001 NE 8th Street Pine 24 30 Jan-05 8001 NE 8th Street Pine 25 31.25 Jan-05 8001 NE 8th Street Poplar 20.5 20.5 Jan-05 8001 NE 8th Street Poplar 25.5 31.75 Jan-05 8001 NE 8th Street Cherry 29 36.25 Jan-05 8001 NE 8th Street Douglas Fir 31.5 39.25 Jan-05 8001 NE 8th Street Douglas Fir 37.5 75 Jan-05 2401 Evergreen Point Road Hawthorn 25.5 31.75 Aug-04 2405 Evergreen Point Road Alder 26 32.5 Aug-04 2405 Evergreen Point Road Douglas Fir 28 0 Aug-04 2405 Evergreen Point Road Willow 25 0 Aug-04 2405 Evergreen Point Road Willow 24 0 Aug-04 2405 Evergreen Point Road Willow 36 0 Aug-04 2405 Evergreen Point Road Bigleaf Maple 26 32.5 Aug-04 2405 Evergreen Point Road Douglas Fir 25 31.25 Aug-04 2405 Evergreen Point Road Cottonwood 33 41.25 Aug-04 2409 Evergreen Point Road Bigleaf Maple 33 41.25 Oct-05 2409 Evergreen Point Road Bigleaf Maple 32 40 Oct-05 2409 Evergreen Point Road Cherry 39 0 Oct-05 2409 Evergreen Point Road Bigleaf Maple 23 23 Oct-05 7661 NE 14th Street Unknown 20 20 May-05 7661 NE 14th Street Douglas Fir 24 30 May-05 1035 88th Ave NE Douglas Fir 21 21 Jan-05 1035 88th Ave NE Douglas Fir 27.5 34.25 Jan-05 8611 NE 7th Street Japanese Maple 38.5 77 Oct-04 2039 78th Ave NE Douglas Fir 29.5 36.75 Aug-05 8015 NE 28th Street Douglas Fir 26 32.5 Nov-05 8015 NE 28th Street Deodar Cedar 24 30 Nov-05 2643 Evergreen Point Road Bigleaf Maple 21 21 Jun-05 8216 Overlake Drive West Cherry 36 72 Jul-05 8245 NE 26th Street Cedar 23 23 May-05 2651 Evergreen Point Road Bigleaf Maple 36 0 Nov-05 2651 Evergreen Point Road Bigleaf Maple 40 0 Nov-05 2651 Evergreen Point Road Bigleaf Maple 36 0 Nov-05 2651 Evergreen Point Road Douglas Fir 36 0 Nov-05 7814 NE 8th Street Cherry 24 30 May-05 2645 77th Ave NE Oregon Ash 21 21 Jul-05 2645 77th Ave NE Hawthorn 20 0 Jul-05 3318 78th Place NE Atlas Cedar 25.5 31.75 Oct-05 3318 78th Place NE Western Red Cedar 34 42.5 Oct-05 3318 78th Place NE Western Red Cedar 40 80 Oct-05 3318 78th Place NE Western Red Cedar 30.5 38 Oct-05 City of Medina Tree Code Revisions 9/19/2006 Address Common Name Caliper Mitigation Reauired Date 3318 78th Place NE Western Red Cedar 41 82 Oct-05 3318 78th Place NE Western Red Cedar 26 32.5 Oct-05 3318 78th Place NE Western Red Cedar 31 38.75 Oct-05 3318 78th Place NE Western Red Cedar 37 74 Oct-05 7629 NE 12th Street Western Red Cedar 20 0 Nov-05 3210 78th Place NE Spruce 24 30 Mar-06 2222 Evergreen Point Road Douglas Fir 21.75 0 Jan-06 2222 Evergreen Point Road Douglas Fir 32.5 40.5 Jan-06 8826 NE 2nd Place Spruce 25 31 Feb-06 8826 NE 2nd Place Douglas Fir 36 72 Feb-06 8826 NE 2nd Place . Douglas Fir 44 88 Feb-06 7842 NE 8th Street Japanese Maple 40.5 0 May-06 7842 NE 8th Street Japanese Maple 36 0 May-06 7842 NE 8th Street Apple 20 0 May-06 7842 NE 8th Street Apple 29 0 May-06 7842 NE 8th Street Douglas Fir 21 21 May-06 7842 NE 8th Street Douglas Fir 31 38.75 May-06 7842 NE 8th Street Maple 24 0 May-06 830 84th Ave NE Pine 32 40 May-06 7749 NE 8th Street Leyland Cypress 33 41.25 Jun-06 7749 NE 8th Street Leyland Cypress 26 32.5 Jun-06 1438 Evergreen Point Road Western Red Cedar 40 80 May-06 1853 Evergreen Point Road Maple 26 32.5 Mar-06 1082 84th Ave NE Douglas Fir 20 20 May-06 3609 Evergreen Point Road Bigleaf Maple 36 0 May-06 3609 Evergreen Point Road Western Red Cedar 24 30 May-06 3609 Evergreen Point Road Western Red Cedar 26.5 33 May-06 544 Upland Road Pine 21 21 May-06 3256 Evergreen Point Road Willow 60 0 May-06 1444 Evergreen Point Road Cherry 24 30 Jun-06 3630 Evergreen Point Road Deodar Cedar 28 35 Aug-06 City of Medina Tree Code Revisions 9/19/2006 September 6th, 2006 Mayor Miles Adam & Members of the Medina City Council, City of Medina 501 Evergreen Point Road Medina, WA 98039 Re: Proposed Tree Ordinance Revisions Dear Mayor and Council Members, I am writing this to encourage the Council Members to consider Tom Berger's Memo in the upcoming City Council Meetings. Tom is one of the leading Landscape Architects in the region. I respect his experience and wisdom when it come to subjects like our tree code. The suggestions is his Memo, dated 5.23.06, (attached) are intended to stimulate a discussion about ways to improve our Tree Preservation Ordinance. He is willing to discuss these ideas with the City Council when the subject is on the agenda. I urge you to invite him or Jason Henry from his office to participate in exploring ways to improve our tree preservation code. Sincerely, Mark L. Nelson AIA 1233 Evergreen Point Road Medina, WA 98039 r Memo To: City of Medina I Date: Thomas L. Berger; Jason Henry, Certified Arborist Page: E5.23.06From: Subject: Tree Ordinance Discussion To ensure the city of Medina that: • the town of Medina maintains its sylvan character, • mitigation and management is beneficial, yet reasonable for the homeowner, • appropriate compensation for loss of trees is determined, • thought is given to management over the next 50 years, We suggest the following: • Mitigate trees over 6", 1 for 1 ■ If tree is historically significant or if the species has cultural value for the area, then mitigation will be more stringent. ■ Determine additional mitigation based on current city formula, cost of trees and planting, with money going to "tree fund". • Develop an urban forest master plan to identify locations for future tree planting and management strategies for existing trees. • Plant nothing smaller than 3." caliper for parks or open space, and 4" caliper for street trees, • Use "tree fund" to manage all city trees by contract arborist / tree care company. * If site is dense with naturally occurring trees, 1 for 1 is not advised; one tree per 1,000 square feet as mitigation is appropriate for light and to maintain a sylvan character. End of Memo encl: Copy Medina Municipal Code, regulations that may apply to Tree Removal / Landscape permit applications / w The Berger Partnership PS Landscape Architecture 1721 8th Avenue N Seattle, WA 98109 v 206.325.6877 f 206.323.6867 bergerpartnership.com Reducing global warming pollution and improving air quality Recent Accomplishments: Launched Climate Protection Initiative More than 250 mayors signed onto US Mayors Climate Protection Agreement Released report and recommendations of Green Ribbon Commission and organized community input sessons Seattle City Light achieved zero net emissions of global warming pollution RE,Oucad the City fleet's use --if fossil fuels b; '. Zc,, compared to the 1999 baseline. increased use of biodi-, .-1 in Cit; fleet 1 5 times over 2003 levels Completed retrofitting Me City s fleet of heavy duty diesel trucks with state of the all emission coritiol equ!rmelit Key Next Steps: L.. mplete the Seattle Climate Action Plan. a detailed strategy-- ril'�Pd tit Green Ribbon Commission r?COrnFTiPlidaT!On5- -fir educi g the city s global warming c ollution arU helping Se^ttie-area Ctusrnesses and residents Icvver Pleir greenhouse g.1s ern!ssroos i.au;?ch the Seattle Climate Partnership zi voluntary climate prctection pact among Seattle -area emplriyers Complete Chief Sealth Trail in southeast Seattle, and ct C;omp!ehensit.e Bicycle Master Plan that enhances bicycling ,.pt.'tirtumnes and improves connections betveen uibai7 ,iliages and centers Continue to meet City Light's "zero net emissions" goal through conservation. renewable energy, and offset projects Restoring the urban forest, Increasing open space and greening the built environment Recent Accomplishments: Initiated restoration on more than 75 acres of forested parklands through the Green Seattle Partnership Created six new community gardens, focusing on underse veo areas and br!ngirig City-wide total to 70 Planted more than 4,000 new trees on major streets and in neighborhoods Acquired more than 30 acres to preserve wild habitat increase green space and create eight new parks in underserved areas Reduced pesticide use in Parks general operations by Wn from the baseline Key Next Steps: initiate restoration on 85 additional acres of forested parklands and recruit and manage 75,000 volunteer hours through the Green Seattle Partnership Adopt an Urban Forest Management Plan including goais for Increasing tree cover Increase vegetation. including tree preservation and planting on private property through education, incentives and regulations such as creating flexible landscaping requirenients for development projects increase tree planting on Cit property and improve maintenance of City -owned street trees Increase open space in fast-growing neighborhoods b implementing new open space impact fees Con,t,nue to Increase alternative.fuel and advance technology Build green roofs on two City buildings and monitor four green Mr. Paul Demitriades 2254 Evergreen Point RD Medina WA 98039 ,5�* —// --c,�7 SEPPI11t20ME I �3 c /yl t © wt `- /71z, F---21 t,:-_7/1)4 C/at4 cs?©0 �P 74p 57!- S20 k)os 110 �VjSor� cd c otl-erel Lx-�e. Prue 01� � P � �� s t Ulr�u�r� f- ma`s �ofil 7t r , ;�Fh c IN I so t It IL . f ig �.°'ems s�v« ��* . ".�•y'.�. 4 °�6 _ Mkt y„` � �, fF' Y ^, fO'�y`•`�+ k _., F'^� n s s O Q a ID � = rD � 5 rr `G p d5. _�. in p rD N n -n IDID Q p n�i * s (D C O � rD rDo, (D (D a o o v ( r* O7 ID'' � 3 x p n O -0 a m 3 o � Q N O N m n 7" Q S Q d Lei, O� t0 6 D rD f rr Q -x0 x M � rD Q rD - °1 3 °�' m to C lQ O ip n rD �+ o N = m rD Q N rD ' lQ C 7 7 a, rD d N Q lQ rD G d O O o, O � d Op Q p° rho m 00 3 o grrDD Q O O = N <"NO C 3 :D, o rD _ rD °- Z N O O rD + a a �'+ rD Q G LO 0-5 �rD�� D �. a ° _O O O n p n ;4 N'p N n < O O rQD OC N m< Z O 71 C L O rD X Q Z N � o O d 0 m <�m N,rN-r l�Q rD vi rD rD =3 v, N N 11, 0 0-rD a ID rt J 3 O rND n S n fD = rD rn rD 3 nort N n 3 o Z03- D rD p�Nv ,7o<3 Q n E °o D a n C N < N O- w S Z ? _* rD n N - fl 0 N �. 3 d N Q rD �' rD n N rD n rD o, rD r* rDrD 3 Q O On �. n p o n Q3 — 3 �. o c fl c rD 3 N � rD { Q 4^ S^ < rD + n p E3N ��J ID rrtD v ID . O ' rD rD o, o, l0 x m n N fD. 6 c ID rp rp a O O Z n a ((D N q< p v Q O (O `=< N fD < N 7 d N p fD • raD ��„ Q O rrDD d < N -* rD LO rD O oID F,7 o �p O L" d- N lQ r'D �I-D Imp 0,-- �'3 � `D � n w 00 n Q � Q n N rD n p7 fl, rD p O 7 3 -Z O v * rCD- rD - rD ro I Q QQrD Q 0_ rD N T =r �• rD r•r rD I rp N rD -0 :3 � n is ID- < v� rp p ° rrDD vi rD (D Q �Lo 9 C WN z a) c on CL m r+ f+ N O m V Public Review Draft Urban Forest Management Plan -- City of Seattle September 2006 -14 % k clh SL -2- LI Introduction Purpose of the Plan The purpose of the Urban Forest Management Plan is to guide a broad range of actions that will achieve a sustainable urban forest in Seattle. This is a 30-year plan that recommends the steps the City of Seattle must take to preserve Seattle's trees and the cherished environment we have come to call "a city among the trees." What is the Urban Forest? - Stated simply, Seattle's urban forest consists of all trees in the city on both public as well as private property. This forest includes street trees, park trees, forested parklands, trees on institutional campuses, and trees in many private ownership settings. The urban forest touches the lives of Seattle's citizens every day. Whether it's enjoying a hike through old -growth forest in Seward Park or the fall colors on a drive along Lake Washington Boulevard, it is trees that comprise the urban forest and trees that make the experience magical. Why is it Important? Trees located throughout Seattle on public and private property affect our lives and the local economy in ways that aren't always obvious. Trees provide community, environmental, and economic benefits that range from reducing the effects of density to increasing property values to providing ecological services such as stormwater mitigation, air toxics removal, and greenhouse gas sequestration. The Decline of Seattle's Urban Forest Seattle's urban forest has significantly declined over the last few decades. Since 1972, Seattle has lost more than half its tree canopy cover, which experts consider the best index for the benefits trees provide urban areas. Currently, only 18% of the city is covered by tree canopy as compared with 40% just 35 years ago. While the primary loss of tree canopy is due to development, other reasons have also been a factor as will be discussed later. The loss of the treed relief in a built-up city reduces livability. Planting Trees The City of Seattle has worked to stem the loss. Over time the City has planted thousands of trees during restoration projects, as part of Capital Improvement Program (CIP) projects, and as replacements for trees that were removed. Today, over 125,000 trees are under the City's care in developed areas (including 35,000 of the 130,000 street trees and 90,000 trees in developed parklands) and hundreds of thousands more in natural areas. 2 Contents Executive Summary Introduction 1. Urban Forest Sustainability........................................................ 1.1. A Short History of Seattle's Trees................................................................................................4 1.2. Environmental, Economic and Social Value of the Urban Forest .............................................. 6 1.3. An Urban Forest Sustainability Model. ...................................................................................... 10 1.4. Goals of the Plan........................................................................................................................12 2. Seattle's Urban Forest Today ..................................... .......................14 2.1. Tree Resource.............................................................................................................................15 2.2. Management Framework...........................................................................................................20 2.3. Community Framework..............................................................................................................29 3. Recommended Goals and Actions....................................................................................................33 3.1. Why Does the City Need Canopy Cover Goals?........................................................................ 33 3.2. How Did We Derive Canopy Cover Goals?...............................................................................33 3.3. What Canopy Cover Goals Have Other CitiesAdopted?............................................................34 3.4. Recommended Actions................................................................................................................35 4. Goals and Actions by Management Units........................................................................................46 4.1. Methods......................................................................................................................................48 4.2. Single -Family Residential Property ...........................................................................................49 4.3. Multi -Family Residential Property.............................................................................................52 4.4. CommerciaUMixed Use..............................................................................................................54 4.5. Downtown Seattle.......................................................................................................................57 4.6. Transportation Corridors/Street Trees..................................... ................................................. 60 4.7. Manufacturing/Industrial Property ............................................................................................64 4.8. Institutional Property ................................................................... ..............................................66 4.9. Developed Parks and Boulevards..............................................................................................68 4.10. Parks Natural Areas................................................................................................................... 71 5. Moving Forward: Implementing the Plan.......................................................................................75 Appendix A: Source of Ecological Services Numbers........................................................................76 AppendixB: Tree Regulations...................................................................................................................78 11 Vision Seattle's urban forest is a thriving and sustainable mix of tree species and ages that creates a contiguous and healthy ecosystem that is valued and cared for by the City and all of its citizens as an essential environmental, economic, and community asset. 0 List of Figures Figure 1 Tree Canopy Cover in Seattle.........................................................................................................8 Figure 2 Street Trees and Parks Owned by the City of Seattle....................................................................17 Figure 3 Seattle's Urban Forest Canopy Cover: Distribution by MU.........................................................47 List of Tables Table 1 Seattle's Urban Forest Framework and Goals...............................................................................13 Table 2 Seattle Street Tree Species Mix.....................................................................................................16 Table 3 City of Seattle Urban Forest Responsibilities by Department.......................................................21 Table 4 Canopy Cover Goals by Management Unit(MU).........................................................................33 Table 5 Goals and Recommended Actions for the Seattle Urban Forest Management Plan......................36 Table 6 Citywide Management Unit (MU) Data.......................................................................................48 Table 7 Single -Family Residential Property MU Data...............................................................................49 Table 8 Multi -Family Residential MU Data..............................................................................................52 Table 9 Commercial/Mixed Use MU Data................................................................................................54 Table 10 Downtown Seattle MU Data.........................................................................................................57 Table 11 Transportation Corridors/Street ROW MU Data...........................................................................60 Table 12 Diameter Classes of Seattle Residential Trees..............................................................................61 Table 13 Industrial Property MU Data.........................................................................................................64 Table 14 Institutional Property MU Data.....................................................................................................66 Table 15 Developed Parks and Boulevards MU Data..................................................................................68 Table 16 Parks Natural Areas MU Data.......................................................................................................71 H Beattie posOntel igencer A Hearst Newspaper ROGER OGLESBY Editor and Publisher The voice of the Northwest since 1863 DAVID MCCUMBER KENNETH F. Managing Editor BUNTING CHRIs A. BERINGER Assaiate Publisher JANET E. GRIMLEY IOhN CURRIE RITA HIBBARD Basin Manager MARK MATASSA MARK TRAHANT MICHELLE NicoLosi Editorial Page Editor LEE ROZEN i &nWiint Managing Editors P-I EDITORIALS SEATTLE TREES A seed to grow eatrle's new study of its trees has planted a seed of discussion. Bringing about lasting changes will require lots of nurturing. There's exciting potential in the study by Mayor Greg Nickels' administration of ways to put the green back into the Emerald City. The initiative fits his and Seattle City Council's interest in environmental protection, healthy air and con- trolling the effects of global warming. Due in part to climate change, the health of Northwest forests is severely threatened. Within their limited but substantial land bases, cities can do a good deal to restore urban forests while poli- cymakers address the larger regional challenges. The city s draft Urban Forest Management Plan shows a troubling loss of trees and their benefits of cleaner air, reduced stormwater runoff and more shade and habitat. Since the early 1970s, the tree canopy covering the city has declined from 40 percent to just 18 percent today. The plans calls for a goal of restoring the cano- py to 30 percent in three decades. There could be a case for shooting even higher. Portland already is at 26 percent; Baltimore wants to move from just under 20 percent to 39.6 percent. But the Se- attle plan's 30 percent goal is dramatic when viewed in terms of continuing growth, how much land already is developed and the needed changes. As the report amply demonstrates, naivete, ne- -lect and complacency played roles in creating a story where even the parks and streets depart- ments often ignored the health of existing trees. The report sets goals for increased tree plantings in areas as varied as parks, downtown and street rights of way. For city -owned trees, the key could Se bigger budgets for planting and care. But the report rightly places much of the po- tential with single-family residential properties, which comprise more than half the city. The study uggests adding 350,060 new trees to bring the comes' canopy coverage from 18 percent to 31 lercent. Along with education, the report suggests planting and preservation incentives and regula- tions beyond current rules that primarily affect new development. Modest incentives, maybe as discounts on utility bills or property taxes, sound promising. But with this a new area of formal pol- icy, it's important for discounts, disincentives (higher bills) or regulations to be justified and studied openly. In a city where debates about views can be emotional, a greener Seattle will require informed discussion. The report gives as a start. 1 LAU t-/CILLIG 1V1 ouat,LIG L-) U CC6 1b I)cgU InIg BBY WARREN CORNWALL asoreputer make way for houses and condos. it7" said John Healy, spokesman The Emerald City isn't so green Diseases and pests claim their share, aided by neglect from land- for the citlesoakeofSu"Rinablli- ty and Environment. after all. Since 1972 Seattle has lost near- owners and citymanagetsallke. Ivy and blackberry vines choke It also has deprived the city of the benefits of trees, which filter ly 1'7 million trees — more than half of all the trees standing then, city parkland. Aging maples near- ing the end of their lives make up water, soak up pollution and act as Please according to a new city report. much of the city s forests. see > GREEN, All Homeowners ax them for a bet- "Does something to destroy the Satellite images show tree ter view. Developers cut them to myth of a green Seattle, doesn't canopy shrinking > An Nw tat FS LOGI News 8 stcTKW SPORTS ON N. Men SPORTS O] CIMtdNad ads kwax 62 ALS LOCAL 87 LOTTERY A2 STOCK TABLES RUSRaSS CA. CS loss fit GP i Al N Nw UFE F5 HOMES G3 F SECTION NA:ATNFR LOCAL 810 RENTALS Gq NIY LNI Po_ VA MO REPORT AS AUTOS G5 < Green FROM Al TREE CAMPA16N City wants to add 650,000 more trees over the next 30 years heat shields on sunnydays. The city estimates the trees lost in the last three decades would have done air cleaning and wa- ter storage worth more than $25 million a year. Now, to help reverse the loss, the city wants to add roughly 650,000 more trees over the next 30 years. That goal and the basic outlines of how to get there are in a draft plan being announced today by Mayor Greg Nickels. The plan lays out a broad strategy for managing Seattle trees on both public and private property. It calls for better care of Trees in parks, forests and along streets. It envisions more in- centives and education to en- courage private landowners to save and plant trees. It also sets the stage for further regula- Lions to limit tree loss —includ- ing possible restrictions on tree -cutting on private prop- erly. "This is an attempt to fix a problem," said Steve Nicholas, head of the Office of Sustains- bilitl and Enviionmeni, which pwduced the report. -We have a really important resource, and to date the city's response has been out of sync." The push to save trees comes as the city works to boost hous- ing density — initiatives that could conflict. The twin goals of more trees and more housing are compat- ible, said Tim Trohimovich, planning director of Future- wi-, it Seatte-based environ- menial group that promotes growth management. "Sometimes you have to re- configure development-, some- time; you're looking at smaller fooiptints and taller buildings, but you can do it," he said. Bur .lira Poucr, head of a de- tclopntcnt company that spe- cialues in building apartments and cuudominiitins in Seattle, yu.:.uow.l how adding hous- Io,; .m.l adding secs %v uld h.ggirn sunultancously. w say those ivoids, but us builders are where the rubber meets the roads. Tell us how to do that," said Potter, chairman of Kauri Investments. Much of the recovery would have to happen on private property and in the single-fam- fly neighborhoods that domi- nate the city, say city officials. That's where many of the trees have probably been lost, Nicholas said. It's also where the city hopes to replace many of those Trees. Right now, there are few lim- `Vi A6 dGGNGCa� /�IGN'+tiK� am All AMERICAN POR95TS 4his satellite image shows the loss of tree mvergge in the city of Seattle between 1972 and 1996. The darker areas show places where there isn't a arse canopy. Mini SIRGRL / THE SRATTLR TIMaA Peter AtcGleM of Restoration Logistics uses a root puller to re- move ivy from a tree Tuesday at Carkeek park fn Seattle. Ivy is, one of the factors conlreuting to trees' dedine in the city. its on what people can do to Trees on private property, un- less a Tree is exceptionally large and valuable, or near an eco- logically sensitive area. While most tree -cutting goes unpublicized, a few cases have caught the publics attention. A federal judge paid more than $600,000 to the city after hav- ing trees cut in Colman Park that had blocked a view from his property. The city itself came under at- tack last year for cutting more than 10 mature trees during a remodeling of Occidental Square, in downtown Seattle. Saving the trees The city s draft plan is available at www.matde.gov/ environment The public can continent through Oct 20. Public meetings are 11:30 a.m. Sept 23 at the Meadowbrook Community Center,105 t7 85th Ave. NE, and 7 pm. Sept 26 at the Jefferson Community Center, 3801 Beacon Ave. S. Today, Nickels is expected to announce several measures to kick off the conservation effort. The city will give away 2,000 free -tree coupons in October to people who apply online, or at city community centers anti li- braries. And city departments will plant trees in the George- town and Rainier Beach neigh- borhoods. Nickels plans to convene a task force to help craft incen- tives and regulations to pre- serve trees and get more plant- ed. It would cost $114 million in tree -plantings plus $7 million more a year in maintenance it) achieve the 30-year goals spelled out in the phut, accord. ing to Elie city. 9'hai's halanced against a roughly $14 million estimated increase in benefits from things such as dean water and air. The mayor's budget for 2007 and 2008, to be unveiled later this month, is expected to con- tain new proposed spending on trees totaling $4.4 million. Much of that would go toward Planting and pig Trees in parks and public spaces, and rehabilitating urban forest - land. WO rm Cminvalk $0648r-2411 or NmornwaaMmmlrtMM.00m City of Medina AGENDA STATEMENT AGENDA ITEM TITLE: MEETING DATE: DATE THIS ITEM WAS LAST CONSIDERED BY COUNCIL: 2007 Budget Discussion September 25, 2006 July 24, 2006 ITEM E - 2 SUMMARY OF ISSUE/TOPIC: The draft 2007 Preliminary Budget is attached for review and discussion. The City Council is asked to review the draft 2007 Budget and provide direction to the City Manager regarding the property tax levy and preliminary expenditure requests. In addition, questions from Council Members will be gathered for follow-up at the October 9, 2006 regular meeting when the 2007 Preliminary Budget is submitted to the City Council. COMMISSION RECOMMENDATION: ❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® N/A CITY MANAGER: ❑ APPROVE ❑ DISAPPROVE N SEE COMMENTS ❑ N/A COMMENTS: Attached staff report provides detailed information on the draft 2007 Preliminary Budget. N No Action Requested ❑ Action Requested ATTACHMENTS: Staff Report Draft 2007 Preliminary Budget BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $ ❑ BUDGETED ❑ NON -BUDGETED FUND: ❑ N N/A RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE) I move NO ACTION REQUIRED. if Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. P:12006 Agenda Packets109252006Vtem E-2a, 2007 Budget Agenda Statement.doc CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 98039 425.233.6400 www.medina-wam MEMORANDUM DATE: September 19, 2006 TO: Mayor and City Council FROM: Doug Schulze, City Manager RE: 2007 Budget Discussion COMMENT: The draft 2007 Preliminary Budget is attached for review and discussion. The direction received from the City Council during the September 25, 2006 Study Session will assist the City Manager in developing a preliminary budget that is consistent with the expectations and desires of the City Council. 2006 Revenue Expectations General Fund revenues are expected to exceed budget projections by approximately $390,000 or 8.8%. The surplus revenues are primarily due to increased building permit activity ($200,000) and increased interest earnings ($150,000). 2007 Revenue Forecast The revenue forecast for 2007 anticipates that the property tax levy will only include an increase for new construction. New construction is forecast to generate an addition $22,390 in property tax for 2007. The revenues received by the City fall into two categories: unrestricted and restricted. Unrestricted revenues are largely General Fund (GF) revenues. Unrestricted revenue may be used for any legal purpose, but restricted revenue may only be used for specific purposes. Examples of GF expenditures include: ■ Police ■ Parks and recreation ■ Developmental services ■ Permitting ■ Legal ■ Information technologies ■ Administration The GF pays debt service, and may also be used as a source of revenue for capital projects. Restricted revenues are taxes, fees and charges that may only be used for very specific purposes. Examples are tree removal mitigation fees, which must be used for tree replacement purposes. Real estate excise taxes may only be used on capital projects. A decrease in restricted revenue would cause a reprioritization of the Capital Improvement Plan (CIP); a decrease in GF revenue could cause a reprioritization of service levels. A closer look at GF revenue, followed by a brief look at restricted revenue follows. FACTS & FINDINGS: Unrestricted Revenue General Fund (Current Expense) The report that follows is based on the revenue forecast shown below. The table shows four years of history, the current forecast for 2006, and the forecast for 2007 that has been used in the development of the 2007 preliminary budget. General Fund Revenue 2002 - 2005 Actual; 2006 - 2007 Forecast (thousands of dollars) 2002 2003 2004 2005 Forecast 2006 Forecast 2007 Taxes $3,304.6 $2,978.0 $3,340.5 $3,300.5 $3,202.6 $3,225.0 Licenses & Permits $824.1 $459.2 $478.9 $800.6 $701.2 $751.5 Intergovernmental $183.8 $222.8 $127.6 $359.5 $250.4 $224.3 Charges $320.0 $4.1 $9.2 $22.2 $17.5 $16.1 Fines $76.9 $127.7 $114.3 $68.2 $100.0 $75.0 Miscellaneous $295.9 $269.5 $270.8 $458.9 $506.4 $252.5 Street Intergvt $439.9 $63.5 $61.2 $63.1 $118.6 $73.5 Total Op Revenue $5,445.2 $4,124.8 $4,402.5 $5,073.0 $4,896.7 $4,617.9 Assumptions to GF revenue are: ■ Property tax revenue will increase by new construction only, without raising the rate. ■ Sales Tax revenue will not increase until SST legislation passes and becomes effective. • Permitting revenue will remain stable as a result of St. Thomas School project and continued residential activity. ■ Interest rates will increase slightly, but intergovernmental revenue will be relatively flat. The GF receives revenue from a variety of sources, but 70% of GF revenues are derived from taxes. Property taxes represent the largest source of revenue (47%). Medina's property tax rate is $0.94 per thousand dollars of assessed valuation, a rate that has consistently declined over that past ten years because increases to assessed valuation (about 8%) are greater than the City's allowed/adopted rate increases during the same period. 9 Page 2 Unused levy capacity from prior years that was banked can be utilized regardless of the limits established by 1-747. However, the City has less than $5,000 banked capacity available. Although a recent court decision ruled that 1-747 is invalid, the decision is being appealed. The forecast assumes that the 1 % increase is available, but will not be exercised by the Council. As the City develops the 2007 annual budget, a property tax ordinance will be brought to Council for consideration. The above graph shows the increases in assessed valuation in the bar format, and increases from new construction in the line format. Medina's assessed valuation is approaching $2.513. Much interest is given to property taxes and how Medina compares to other King County cities. The following graph is a comparison of tax rates for King County cities. The rates include all taxing districts, but don't include surface water assessments or Fire District benefit charges. Medina's property tax rate for 2006 is $7.80 per thousand dollars of assessed valuation for all taxing jurisdictions. 0 Page 3 Sales taxes Sales taxes represent approximately 22% of the operating revenue. Medina has received approximately $1,000,000 in sales tax revenue annually for the past five years. The long-term forecast has sales tax revenue remaining stable, except for unanticipated single event increases, which are not possible to forecast. Sales tax comes to the City from many sources. Each month, more than 1,500 businesses report sales tax to the City of Medina. The revenue is categorized by industry type using the North American Industry Classification System (NAICS). The following graph shows the six (out of 20 total) industry categories that provide Medina with the largest percentage of sales tax revenue. These six categories provide the City with about 95% of sales tax revenue. Percentage of Sales Tax Revenue for Selected Categories Construction 37% Administration & Support Services 10% Real Estate, Rental & Leasing 1 % Information 2% Retail Sales 6% Private 40% The Pacific Northwest has experienced strong performance in construction activity and it is expected to continue for the next few years. Streamlined Sales Tax (SST) The most likely change to sales tax receipts is the sourcing component of the Streamlined Sales Tax initiative. The impact to Medina would be an increase in sales tax revenues of approximately $50,000 annually. The 2006 legislature discussed a proposal crafted by cities and counties, but set it aside until 2007. If the legislation is adopted during the 2007 session, Medina could benefit from the change as early as 2008. Restricted Revenue Restricted revenue has limitations on what the revenue may be spent. The table following this paragraph shows a four year history, the revised forecast for 2006 and a forecast for 2007. The assumptions are as follows: ■ Street revenue, a state shared source, will increase slightly. ■ Utility taxes will not be raised from the current 0%. ■ REET will remain strong as long as the housing market in the Pacific Northwest continues to hold. Restricted Revenue 2002 — 2005 Actual; 2006 — 2007 Forecast Street Real Estate Excise Tax Utility Tax Tree Mitigation Fees 0 Page 4 2002 2003 $ 91,434.66 $ 63,514.55 $187,726.18 $219,735.64 $ 2,571.00 $ 47,240.97 Forecast Forecast 2004 2005 2006 2007 $ 61,163.76 $ 63,123.74 $ 118,605.00 $ 73,475.00 $562,227.55 $880,306.46 $1,048,605.00 $900,000.00 $ 53,924.60 $ 54,353.44 $ 15,264.00 $ - Street Fund Revenue to the Street Fund in 2006 will be approximately $118,605 from State -shared gas tax revenue and approximately $45,000 from a sidewalk grant. This revenue base has been relatively steady. Gas tax revenue is provided to cities on a per capita basis. Real Estate Excise Tax (REET) Medina has two Real Estate Excise Tax funds, and each collects 1/% of the sale price for real property sold in Medina. REET revenue has been steadily increasing since 2004. EXPENDITURES General Fund The draft 2007 Preliminary Budget GF expenditures show an increase of less than $5,000 or 0.12% over the 2006 Budget appropriation. The draft 2007 Preliminary Budget does not include wage/salary increases or benefit increases for personnel due to the fact that labor agreements for all three collective bargaining groups have not been settled. The draft 2007 Preliminary Budget GF expenditures are $4,222,857.16, which is $320,000 under the 2007 GF Revenue forecast. A more detailed look at the 2007 Preliminary Budget will be provided prior to the October 9, 2006 Regular Council meeting. Equipment Replacement Fund The 2007 expenditures for equipment replacement show an increase of $70,000, which is based on the replacement schedule established for equipment and vehicles when they are purchased. The equipment to be replaced in 2007 includes the following: ■ $10,000 for copy machine replacement (current copy machine has over 1 M copies) and requires frequent repair and maintenance support; ■ $45,000 for police vehicle replacement; ■ $23,600 for replacement of mobile computers in police vehicles; ■ $10,000 for replacement of 800 mhz radios (5); ■ $26,000 for various police related software upgrades Street Fund The 2007 expenditures for the Street Fund show a decrease of $1,500. No significant changes or projects have been made to the Street Fund. Current Operating Expenses The General Fund, Equipment Replacement Fund and Street Fund make up the operating funds of the City. The total 2007 operating expenses are $4,807,857,160, which is an increase of just under $74,000 above the 2006 Budget. Approximately $70,000 of the increase is equipment replacement costs, of which, funds have been set aside over the life of the equipment to be replaced and are available in the Equipment Replacement Fund. However, the draft 2007 Preliminary Budget operating expenses exceed the 2007 Operating Revenue forecast by $190,000. 0 Page 5 Capital Projects Fund The 2007 Capital Projects Fund budget shows an increase of $49,000 above the 2006 Budget. The majority of the 2007 expenditures are carryover from the 2006 Budget for the Medina Beach Park Project, which has not started due to the delayed issuance of the permit by the Army COE. Other 2007 Capital Projects include: ■ NE 16th Street Overlay Project $70,000 ■ NE 28th Place Overlay Project $40,000 ■ Sidewalk/path Repairs $15,000 ■ Storm Sewer Construction $100,000 ■ City Hall Repairs/Improvements $550,000 Retiree Medical Benefits Fund The draft 2007 Preliminary Budget includes a proposal to re-establish the Retiree Medical Benefits Fund and transfer $250,000 from the GF balance to cover this liability. The City is required to continue paying for former police officer (retired LEOFF 1) medical benefits. During the past five years, retiree medical benefits expenditures have increased to approximately $40,000 per year. The City established this fund in the 1980's, but it was never used. Until recently, the expenses were not significant and the GF budget was able to absorb the costs. The annual expense has increased and establishing a separate fund for retiree medical expenses is consistent with GASB. Other Notable Issues ■ Building Official — The draft 2007 Preliminary Budget includes a proposal to add a staff Building Official and eliminate one contract employee. The financial impact of this proposal is a cost reduction of approximately $30,000 annually. If future building permit activity declines, the Building Official will be able to take over inspection duties, which will further reduce costs. In addition to the cost savings, a other benefits will include: o Increased direction and supervision for the building inspector; o Increased accountability for permit streamlining action plan and future customer service standards; o Increased productive work hours (eliminates portal4o-portal rates, which are included in monthly consultant fees) ■ Video Cameras - $3,100 included in budget for purchase of two digital video cameras to be used for video -recording meetings and, if desired, cablecast of meetings on government access channel. Granicus System - $32,000 not included in draft 2007 Preliminary Budget. One-time start-up cost would be $19,000 and annual service cost would be $13,000. Granicus system includes streaming audio/video on Internet of meetings as well as agenda manager application and meeting minutes builder application. 0 Page 6 2007 Drafil Preliminary hoel 2003 1 2004 1 2005 2006 2006 2007 j 2007 2007 ----- ----- ACTUAL ACTUAL ACTUAL BUDGET i PROJECTED 41 PRELIMINARY! $ % DESCRIPTION YEAREND 1 BUDGET GENERkLFUND BEGINNING FUNDBALANCE$ 2,746�391.71 2,121,507 60 2,281,W 58 1,736,962.73 2,736,i962 73 $ 8,597.21 141% ,634.48 5.17 _52,—3.49% REVENUES R 4,057,387.73 1 4,332,382.35 5,007,633.56 4,389,318.00 4,778,044.57 1 4,541,920.00 1$ 601-0-0 OPERATING TRANSFERS IN EXPENDITURRES 3,W2,49.8 1, �924.37 ----- ------ -------------- - -- - -------- 4 ,153,636.41 �Ii217,877.82 4,082,003. - 06 1 --------- $ 4,222,857, - 16 $ __ V,'O! - #DI8.4 4,979.34 0. 12°,;, OPERATING TRANSFERS -OUT 679,875.00 505,000.00 399,000,00 554407.03 , 554,407.03 1 601,283.09 46,876.06 6 �, ENDING FUND BALANCE $ 21321507.60 1 $ 2,281,965.58 $ 2,736,962.73 2,353,995.88 $ 2,878,597.21 1 2,596,376.96_ Z42 �38 L08 10.3( )% fQ­UIPMENT FUND BEGINNING FUND BALANCE j $ 102,168.77 $ 76,261�51 1,$ 41,492.58 67,544.24 $ 67,544.24 j $ 100,044.24 32,500.001_48.1_2,,, REVENUES 4,140.00 9,045.70 1 2,228.24 1 4,000.00 2,500.00 (1,500 00) 3750% OPERATING TRANSFERS -IN i 77,000.00 j 77,000.00 77,000.00 i 77,000.00 1 77,000.00 1 80,000.00 1 $ 3,000.00 3.9011, EXPENDITURES 107,045.26 I 120,816.63 1 53,176.58 1 44,500.00 1 44,500.00_i 115 _00(00 70,500.00 1 158,43,%_ OPERATING TRANSFERS -OUT $ #D[V/01 ENDING FUND BALANCE i$ 76,263.51 41,492.58 67,544.24 $ 104,044.24 1 $ 100,044.24 67,544.24 (36,500.00)1 -35.081!1. STREET FUND BEGINNING FUND BALANCE 1 $ 476,862.92 S - 173,62.14 191,423.08 $ — ------- --- 223,729.99 223,72 9.99 150,241.91 ------ (73,488.08)l 32.S5'i:, REVENUES 63,514.55 61,163.76 63,126.74 .90 118,605,00 73,475.00 1 $ 3,475,00 4.96'1110 1- --OPERATING TRANSFERS -IN 1 400,000.00 1 322,000.00 i 258,906.92 258,906.92 271,283.09 1 $ 12,376.17 4,710'�,4 EXPENDITURES W,545.33 443572.82 1 , 352,819.83 471,500.00 451,000.00 LIJOOJIO)�­O.,20 OPERATING TRANSFERS -OUT _470,000.00 $ #DIV' 0 OTHER NON -EXPENDITURES #DIV/01 ENDING FUND BALANCE 1 $ 173,832.14 1 $ 191,423.08 223,729.99 $ 81,136.91 1$ 150,241.91 1 $ 25000.00 1 $ (56,136 -69.190' Ml tY_ — -- - ------------- RESERVE FUND - ------------ — ----- - BEGINNING FUND BALANCE 1771V80.33 1$ 1776!380.33 11 $ I776�380.33 1�776�380.33 $ 1776,380.33 $ lJ76,380.33 $ 0.00%) ._..I I. ..... .. . . .... ....... REVENUES OW/M OPERATING TRANSFERS -IN #D]V,0! - - ---­­ --------- EXPENDITURES i$ $ I #DIV/0! OPERATING TRANSFERS -OUT $ #DIV;0! ENDING FUND BALANCE 1,776,38933 1 776180.3317$_ 1,776,380.33_'$ 1,776,380.3 6,380.33 1 $ I,7_76,390.33_j_S____ TREE FUND BEGINNING FUND BALANCE $ 710.00 s 19,09 0.25 1 $ 69,591.56 121,405.64 $ 121,405.64 $ 101,405.64 $ (20,000.00)1 -16.47% REVENUES $ 47,240.97 1 53,924.60 1 54,353.44 #DfV,'O! OPERATING TRANSFERS -IN $ 1 #DIV,-'O! EXPENDITURES 28,860.72 1 3,423.2920,000.00 E— 2 0,000.00 1 20,000.00 $ OPERATING TRANSFERS -OUT 1 #D [V/0! ENDING FUND BALANCE j $ 19,090.25 $ 69,591.561 $ 121,L0.64jS 101,40_5.64_L$ _ 101,405.641 $ 81,405.64 1 $ ',, (20,000.00)1 -19.72�_ PARK PROPERTY DEBT FUND BEGINNING D BALANCE N__ 7 5_.O 72_. �O 17� 1$ 138,684.801 $ 102,297.20 $ 65,909.60 1 $ 65,909.60 $ (0.00)1 $ (65,909.60)1 -100.W'�,. _NIN REVENUES OPERATING TRANSFERS -IN - --2-181-50 1 218,500.11 1$ #DIV/0! (218 500.11)-100.00?'. EXPENDITURES 36,387.60 36,38Z60 36,387.601 284,409.71 i 294,409.71 (284,409.71) -10().00% -WD-1 OPERATING TRANSFERS -OUT - V/0! ENDING FUND BALANCE $ 138684.80 $ 10229720 1 $ 65,909.60 1 $ (0.00) $ (0.00)l $ (0.00)1 $ 0.00% CAPITAL PROJECTS FUND BEGINNING FUND BALANCE $ 538,718.801 739,599.69 L4 1 � 1,515,611.92 $ 93,605.00 6.58% ___L�__117,770,70 _1 -_ - - REVENUES 1 288,735.64 562,227.55 698,605.00 _],(A8,605.00 900,000.00 $ 201,395.00 1 28.83%, OPERATING TRANSFERS -IN 602875.00 1 28,000.00 i EXPENDITURES - -------- --- OPERATING TRANSFERS -OUT 470,662.54 389,346.66 1 .......... 197,899.23 . ........ 1,363,OoO.00 1 955,000.00 i _ 1,412 000'00 49M,00.0011 3.60 _. #DIV,101 w 7:; lig it E E; E F� E� E� k i u 1,D C> C>l lc� Cl zc� c> 1 06: m C7, C>l m 5 01= <D C) C, C� ID C� C� C) cl C> C> C> S Cl! C� c� 0 I= C> 1=1 C) C) 1= 1= S 10=1 10:1 C> c> 0 0 C, OWN! (D r-I I 14 C, C� C� 0 1= C> I= 't ID C> 1 C� I C� 1 m oo Q! 12 of51 4 in 0 C>1510 -1 0 r-� 1 c)j I C"C41 1 0�; 4 0 ow I <=> I c>: cl cl C> ID C� ID C! C! 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O U w �; w 0 h14 00 0 0 O i w rn zon a a F. 0 U H H O o c o 0 0 0 x o 0 000� w z o 0 0 0 0 0 0 U 0 0 0 0 0 o 0 d o 0 0 0 0 0 0 0 0 o c CI-0 0 0 0 o c o 0 0 C � C M M Q O O 69 69 bR � O O � d i •.+ O N •� � N N � L F4 69 69 O O c �w d N O 00 00 a 609 b9 O O O � pUp O N O rq O 69 Ef3 M M N N a' O Q b9 b9 M en 01 en 00 p N , N N N t M 6F3 64 00 00 N N �t V kn N cd � o 0 s9 � Z � H a � W � � Q a� A Q � o U W N U N W1 U O O rh 7 a o0 w - Inn z o 0 � g o 0 0 0 0 Os 7575 e N O r' O O O oo O O O O O O O O 0 0 N O, C O O O O O O O ^ O O C G O O O G O O O O O C> C O O O C O O O O O O O O ON O^ O 69 69 b9 69 69 - - - - - - - - - - - - bR - — - - - O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C O O O O O O O C O O C C O C C C C O O O O y N•�i" 'O M M N N O O N W 1p W T N [� M C d' N �O d � i. a 69 O O O O O 0 0 O O O O O O O O O O C O O O O O O O O O O O O O O O O O O O O O G O O O C O oo N 0 0 0 lO V 00 O 00 7 V oo a> C O O O O O O O V In N 7 h m 0 D oo r N O M O O m m a w 7 N h ^^ O O In N M M 00 N 7 '7 V 7 N CC een n �n VNl �n N m m a ;04 O O O O O O O O O O O C O O O O O O O O O C O O O O O O O O O C O O W, h O O O 'a M M N N 0 0 N N 7 00 N a h N M N N O In N N N a v� m In N 69 In V'� ^ --' N T o0 In O --+ d' 00 7 M O In O, V In h h V) 7 V� m 00 00 It In O C V a s't 't O a, 00 alloo a a a in Qq 01 Ob 00 C l� V h 7 O\ M ^ in lO a m ,--� t� AO O O N 00 69 a s oo V O D h T h h h 0't w a 0 00 O N N N o0 l; O O 00 n N N t C h �O O N C C vi 'n h �o lh m t 00 m �O h M o 0 00 00 V-, oo V M 00 M [- 00 V} n In o0 T 0o T N W N O 'O N C- M M C C M A0 N M \D of O 00 d- C, Oo --:t M N N 64 a a O O n n h O M \O o N M O O h N 00 O M M 7 V •-• r. o? 07 r N O CA O r n O N M N N �n vi N N O O 00 •— T m O m m d' �n N h 01 T_ a T V C G 00 O W O 00 N O T V 00 M M M M M Cl [� N N O 00 O ^ M N N 7 .Z In •-- V'1 iy N N N N In 69 � U 0 En x H wm v u v Q 3 H Q w H a W W w cn °' U c7cnw our, o w a c7 aO TscnyU � a 1 W .� v1 d o 0 .� 'ten N 3 o H a H w > O W„ O O E , o, o O O d O U Con nOF- waE� v)OF OaaUE UwH 0 0 0 0 0 o G o c o G o o c o G o 00 0 0 o�n000000--�N MV o h00aa as v WO O O O C O O O O O O C G O C O C i--, 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 z In In Vl 1n h kvn� V1 h Vl ul N N F O O O O C C O C O O O O O O O O O O O O O O O O O G G O O C O O O O O O O O O O O O O O O O O O O O Q O O O O O O O O O C O O O O C O O O O O O O O O O O C O O O O O O O O C O O O O O O C O O O O O O O O O O O O O O O O O O G O O O O O O O O O O O O O O O O O C O O C O O d o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O �D O O O M M M 69 69 &9 &9 &9 69 69 &9 69 69 &9 69 69 69 69 69 69 &9 69 �+ 0 0 0 N 0 0 0 0 0 0 vi O C O 00 00 +" O O C N v'i O O C O C l� N O O O �D N t' C h IT01 M C- .-r O vl C v1 C7 ° �c O �O N N 7 L 69 � O O O N O vl C C O O C 0 0 0 0 r- h 00 O y q 0 0 0 vi 6 7 Wl kr N N 69 � O O O N O O O O C O O O O C O N N 0 0 0 00 O C O O O O O O O O O o7 00 00 v� O �n 00 o0 00 In N N CN N Qa 69 � oO et O O O M O C v1 M N v? 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The intiative would make a very significant change to the way local governments undertake land use regulations. The Medina City Council may, but is not required to, adopt a position on the initiative through adoption of a resolution. COMMISION RECOMMENDATION: ❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® N/A CITY MANAGER: ❑ APPROVE ❑ DISAPPROVE ® SEE COMMENTS COMMENTS: While there is already considerable debate about the proper interepretation of what 1-933 would mandate (which would likely increase if it were passed), the following is the general idea: local governments would be required to compensate individual property owners for new regulations that result in any degree of reduced property value or waive the new regulation from applying to a given property owner. The assessment of reduced property value would compare currently -adopted and proposed regulations with the set of regulations that were in effect on January 1, 1996. While reduction of property value is usually associated with regulations that change the permitted uses of a property, the initiative's emphasis on compensation for even small reductions suggests that Medina's regulation changes to minor matters such as setbacks and critical areas development regulation would be subject to the terms of the initiative. If the City Council were to adopt a position on 1-933 at the September Study Session, it could be referenced in the Fall issue of the Medina Quarterly. If Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. R: 2006 Agenda PacketsW9252006kltem E-3, initiative i933.doc ATTACHMENTS: E-3a -- Full text of 1-933, E-3b -- Responses to frequently asked questions prepared by Association of Washington Cities E-3c -- draft City of Medina resolution in opposition to 1-933. BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $ Passage of the intiative could cause a substantial fiscal impact but it is unclear how the exact impact could be calculated. ❑ BUDGETED ® NON -BUDGETED FUND: ❑ RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE) I move that the City Coucil Adopt Resolution _ in opposition to Initiative 1-933. If Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. RM06 Agenda Packets1092520061Item E-3, initiative i933.doc INITIATIVE 933 I, Sam Reed, Secretary of State of the State of Washington and custodian of its seal hereby certify that, according to the records on file in my office, the attached copy of Initiative Measure No. 933 to the People is a true and correct copy as it was received by this office. 1 AN ACT Relating to providing fairness in government regulation of 2 property; adding new sections to chapter 64.40 RCW; adding a new 3 section to chapter 36.70A RCW; and creating new sections. 4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: 5 INTENT TO REQUIRE FAIRNESS WHEN GOVERNMENT 6 REGULATES PRIVATE PROPERTY 7 NEW SECTION. Sec. 1. This act is intended to protect the use and 8 value of private property while providing for a healthy environment and 9 ensuring that government agencies do not damage the use or value of 10 private property, except if necessary to prevent threats to human 11 health and safety. The people also intend to recognize and promote the 12 unique interests, knowledge, and abilities private property owners have 13 to protect the environment and land. To this end, government agencies 14 must consider whether voluntary cooperation of property owners will 15 meet the legitimate interests of the government instead of inflexible 16 regulation of property. 17 The people find that over the last decade governmental restrictions 18 on the use of property have increased substantially, creating hardships 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 for many, and destroying reasonable expectations of being able to make reasonable beneficial use of property. Article I, section 16 of the state Constitution requires that government not take or damage property without first paying just compensation to the property owner. The people find that government entities should provide compensation for damage to property as provided in this act, but should also first evaluate whether the government's decision that causes damage is necessary and in the public interest. The people find that eminent domain is an extraordinary power in the hands of government and potentially subject to misuse. When government threatens to take or takes private property under eminent domain, it should not take property which is unnecessary for public use or is primarily for private use, nor should it take property for a longer period of time than is necessary. Responsible fiscal management and fundamental principles of good government require that government decision makers evaluate carefully the effect of their administrative, regulatory, and legislative actions on constitutionally protected rights in property. Agencies should review their actions carefully to prevent unnecessary taking or damaging of private property. The purpose of this act is to assist governmental agencies in undertaking such reviews and in proposing, planning, and implementing actions with due regard for the constitutional protections of property and to reduce the risk of inadvertent burdens on the public in creating liability for the government or undue burdens on private parties. FAIRNESS WHEN GOVERNMENT REGULATES PRIVATE PROPERTY BY REQUIRING CONSIDERATION OF IMPACTS BEFORE TAKING ACTION NEW SECTION. Sec. 2. A new section is added to chapter 64.40 RCW to read as follows: (1) To avoid damaging the use or value of private property, prior to enacting or adopting any ordinance, regulation, or rule which may damage the use or value of private property, an agency must consider and document: (a) The private property that will be affected by the action; (b) The existence and extent of any legitimate governmental purpose for the action; 00, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (c) The existence and extent of any nexus or link between any legitimate government interest and the action; (d) The extent to which the regulation's restrictions are proportional to any impact of a particular property on any legitimate government interest, in light of the impact of other properties on the same governmental interests; (e) The extent to which the action deprives property owners of economically viable uses of the property; (f) The extent to which the action derogates or takes away a fundamental attribute of property ownership, including, but not limited to, the right to exclude others, to possess, to beneficial use, to enjoyment, or to dispose of property; (g) The extent to which the action enhances or creates a publicly owned right in property; (h) Estimated compensation that may need to be paid under this act; and (i) Alternative means which are less restrictive on private property and which may accomplish the legitimate governmental purpose for the regulation, including, but not limited to, voluntary conservation or cooperative programs with willing property owners, or other nonregulatory actions. (2) For purposes of this act, the following definitions apply: (a) "Private property" includes all real and personal property interests protected by the fifth amendment. to the United States Constitution or Article I, section 16 of the state Constitution owned by a nongovernmental entity, including, but not limited to, any interest in land, buildings, crops, livestock, and mineral and water rights. (b) "Damaging the use or value" means to prohibit or restrict the use of private property to obtain benefit to the public the cost of which in all fairness and justice should be borne by the public as a whole, and includes, but is not limited to: (i) Prohibiting or restricting any use or size, scope, or intensity of any use legally existing or permitted as of January 1, 1996; (ii) Prohibiting the continued operation, maintenance, replacement, or repair of existing tidegates, bulkheads, revetments, or other infrastructure reasonably necessary for the protection of the use or value of private property; 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (iii) Prohibiting or restricting operations and maintenance of structures necessary for the operation of irrigation facilities, including, but not limited to, diversions, operation structures, canals, drainage ditches, flumes, or delivery systems; (iv) Prohibiting actions by a private property owner reasonably necessary to prevent or mitigate harm from fire, flooding, erosion, or other natural disasters or conditions that would impair the use or value of private property; (v) Requiring a portion of property to be left in its natural state or without beneficial use to its owner, unless necessary to prevent immediate harm to human health and safety; or (vi) Prohibiting maintenance or removal of trees or vegetation. (c) "Damaging the use or value" does not include restrictions that apply equally to all property subject to the agency's jurisdiction, including: (i) Restricting the use of property when necessary to prevent an immediate threat to human health and safety; (ii) Requiring compliance with structural standards for buildings in building or fire codes to prevent harm from earthquakes, flooding, fire, or other natural disasters; (iii) Limiting the location or operation of sex offender housing or adult entertainment; (iv) Requiring adherence to chemical use restrictions that have been adopted by the United States environmental protection agency; (v) Requiring compliance with worker health and safety laws or regulations; (vi) Requiring compliance with wage and hour laws; (vii) Requiring compliance with dairy nutrient management restrictions or regulations in chapter 90.64 RCW; or (viii) Requiring compliance with local ordinances establishing setbacks from property lines, provided the setbacks were established prior to January 1, 1996. This subsection (2)(c) shall be construed narrowly to effectuate the purposes of this act. (d) "Compensation" means remuneration equal to the amount the fair market value of the affected property has been decreased by the application or enforcement of the ordinance, regulation, or rule. To the extent any action requires any portion of property to be left in its natural state or without beneficial use by its owner, E! I "compensation" means the fair market value of that portion of property 2 required to be left in its natural state or without beneficial use. 3 "Compensation" also includes any costs and attorneys' fees reasonably 4 incurred by the property owner in seeking to enforce this act. 5 FAIRNESS WHEN GOVERNMENT DIRECTLY 6 REGULATES PRIVATE PROPERTY 7 NEW SECTION. Sec. 3. A new section is added to chapter 64.40 RCW 8 to read as follows: 9 An agency that decides to enforce or apply any ordinance, 10 regulation, or rule to private property that would result in damaging 11 the use or value of private property shall first pay the property owner 12 compensation as defined in section 2 of this act. This section shall 13 not be construed to limit agencies' ability to waive, or issue 14 variances from, other legal requirements. An agency that chooses not 15 to take action which will damage the use or value of private property 16 is not liable for paying remuneration under this section. 17 NEW SECTION. Sec. 4. A new section is added to chapter 64.40 RCW 18 to read as follows: 19 An agency may not charge any fee for considering whether to waive 20 or grant a variance from an ordinance, regulation, or rule in order to 21 avoid responsibility for paying compensation as provided in section 3 22 of this act. 23 NEW SECTION. Sec. 5. A new section is added to chapter 36.70A RCW 24 to read as follows: 25 Development regulations adopted under this chapter shall not 26 prohibit uses legally existing on any parcel prior to their adoption. 27 Nothing in this chapter shall be construed to authorize an interference 28 with the duties in chapter 64.40 RCW. MISCELLANEOUS 30 NEW SECTION. Sec. 6. The provisions of this act are to be 31 liberally construed to effectuate the intent, policies, and purpose of 32 this act to protect private property owners. 5 I NEW SECTION. Sec. 7. Nothing in this act shall diminish any other 2 remedy provided under the United States Constitution or state 3 Constitution, or federal or state law, and this act is not intended to 4 modify or replace any such remedy. 5 NEW SECTION. Sec. 8. Subheadings used in this act are not any 6 part of the law. 7 NEW SECTION. Sec. 9. If any provision of this act or its 8 application to any person or circumstance is held invalid, the 9 remainder of the act or the application of the provision to other 10 persons or circumstances is not affected. 11 NEW SECTION. Sec. 10. This act shall be known as the property 12 fairness act. --- END --- M Association of Washington Cities (AWC) Page I of 9 Find h L '� ASSOCIATION Home JobNet Legislative Insurance Library Resources Training AStIPr=oa CMES ujty Issues Initiative 933 Home Page; I-933 In the News Initiative 933 Advisory Initiatives J Initiative 933 Advisory AWC I-933 Fiscal Impact Estimates INITIATIVE 933 ADVISORY PDC & AGO Resources On February 8 of this year, the Washington State Farm Bureau filed final language with the Secretary of State's office for their so- Initiative Summaries called "Property Fairness Contact Us Initiative." htt ( �llwww._sec_state.wa,_g_ovJelections/_initiatives/text/i933,pdf) The Initiative Title As It Would Appear On the Ballot: "This measure would require compensation when government regulation damages the use or value of private property, would forbid regulations that prohibit existing legal uses of private property, and would provide exceptions or payments." Proponents(htto://www.prol)ertyfairness.com/) are currently collecting signatures and are speaking and providing information to various groups and media outlets about what is contained within I- 933 and what is driving them to promote it. Opposition(http://www.protectcommunities.ora/) has also formed and member interests are speaking and providing information to various groups and media outlets about why I-933 would be detrimental for communities, businesses and citizens. This advisory was prepared to: • Assist city and town officials in better understanding the possible interpretations of I-933; and • Alert you to the need to begin considering how your city or town would comply if it qualifies for the ballot and became law. What Does Initiative 933 Mean? There is much disagreement about what it means, although the basic idea is that government should not restrict the use of private property without paying for the decline in value of property resulting from governmental restrictions, no matter how small that decline in value might be. Proponents and opponents have already begun to portray its scope and impacts differently. Because of what many consider to be vague and ambiguous language, it is likely that, should the initiative become law, its scope will be defined by the courts. What seems to be clear, however, is that the initiative, if passed, will have a fundamental impact on how the state and cities, towns and counties regulate land use. The following is intended to present possible interpretations of the initiative, with the understanding that additional interpretations are likely to emerge over the coming months. Overview of Initiative 933 • Section 1 (Purpose and Findings) is a statement of intent. It should have no operative effect, but it may be http://www. awcnet.org/portal/studionew. asp?Mode=b 1 &WebID= I &UID=&MenuActionT... 9/ 18/2006 Association of Washington Cities (AWC) Page 2 of 9 used to assist in interpreting the remaining provisions in the initiative. • Section 2 (Consideration of Impact and Definitions) ,3 Subsection (1) of this section establishes a process requiring agencies, "prior to enacting or adopting any ordinance, regulation or rule which may damage the use or value of private property," to consider and document many issues, including the governmental purpose of the proposed action, the connection between the purpose and the action, the potential impacts of the proposed action on the uses of private property, less restrictive alternatives, and the estimated compensation that may need to be paid. o Subsection (2) defines key terms: "private property," which is defined broadly as all real and personal property; "damaging the use or value"; and "compensation." • Section 3 (Compensation or Waiver): This section would require that any governmental agency seeking to enforce or apply a regulation of private property that would result in "damaging the use or value" of such property must pay compensation for that damage in advance. In the alternative, the state or local governmental agency may, where it already has authority to do so, simply refrain from taking such action and thereby avoid liability. • Section 4 (No Fee for Seeking Waiver): State or local governmental agencies are not permitted to charge any fee for considering whether to waive or grant a variance from a regulation to avoid liability for compensation. • Section 5 (GMA Amendments): Development regulations adopted under provisions of the Growth Management Act (GMA) can't prohibit uses legally existing prior to their adoption, • The remaining provisions (Sections 6 through 10) are miscellaneous provisions concerning interpretation and effect. Answers or potential answers to some of the questions being raised about 1-933's impacts on cities and towns. Such answers are based upon discussions with a variety of technical and legal experts and a review of a number of I- 933 analyses available to A WC staff by early May 2006. Section 2: Consideration of Impact and Definitions Q1: How does 1-933 affect critical areas regulations that all cities and towns were required by the GMA to adopt and implement? (For how it impacts, zoning and other regulations, please see Q 3-4.) A: 1-933 appears to affect adoption of critical areas regulations in two ways. First, by defining "damaging the use or value" to specifically include "[p]rohibiting or restricting any use, or size, scope, or intensity of any use legally existing or permitted as of January 1, 1996" - cities and counties will not be able to apply or enforce critical area provisions adopted or amended since 1/1/96 that impose greater restrictions on the use of property without first compensating property owners for any decline in property value. http://www.awcnet.org/portal/studionew.asp?Mode=bl&WeblD=I&UID=&MenuActionT... 9/18/2006 Association of Washington Cities (AWC) Page 3 of 9 Second, it defines "damaging the use or value" to include "[r] equiring a portion of property to be left in its natural state or without beneficial use to its owner, unless necessary to prevent immediate harm to human health and safety." (Emphasis added.) Many critical areas regulations prohibit development in certain environmentally sensitive areas, such as steep slopes or wetlands or in buffer areas around streams. Consequently, local governments will be required to compensate property owners before applying or enforcing such regulations, regardless of when they were adopted, or they would have to waive such regulations (if they have the authority to do so). While these types of regulations, required by the GMA, are based on long-term public health and safety concerns such as preventing landslides or protecting the critical ecological functions of wetlands and streams, it is unlikely that they would be considered "necessary to prevent immediate harm to human health and safety." Q2: All cities and towns are required by the GMA to review and update, if necessary, their required GMA plans and regulations every 7 years. Does revisiting them trigger new obligations under I-933? A: At least for the GMA review process, that is not likely. Section 2 (1) requires an agency to consider and document a series of listed factors "prior to enacting or adopting" an ordinance or regulation that may damage the use or value of private property. That section does not require a city or town to engage in that process prior to "reviewing" or "considering" whether to amend a plan or regulation. A city or town should be free, under this language, to review whether comprehensive plan or development regulation amendments are needed, without engaging in I-933's study requirements. Also, since a comprehensive plan, unlike the development regulations that implement it, does not itself regulate the use of property, actions to review and amend a plan would not trigger I- 933 requirements. However, if a city or town decides to proceed with amending its development regulations in response to its GMA-mandated review, then it would need to follow the "consider and document" requirements in section 2(1). Q3: What impacts will I-933 have on basic land use regulations in cities, either adopted prior to or since 1/1/96? A: Those regulations that prohibit or restrict "any use or size, scope, or intensity of any use legally existing or permitted as of January 1, 1996" may be applied and enforced only with compensation to affected property owners for any reduction in property value. So, I-933 will affect not only how cities might regulate land use in the future, it will also directly affect how and to what extent they will enforce land use laws they have already adopted. Other specified types of land use restrictions that may require compensation are not subject to the January 1, 1996 limitation, such as requiring any portion of property to be left in its natural state and prohibiting the maintenance or removal of trees or http://www. awcnet.org/portal/studionew. asp?Mode=b 1 &WebID=1 &UID=&MenuActionT... 9/ 18/2006 Association of Washington Cities (AWC) Page 4 of 9 vegetation. The scope of other land use restrictions subject to the pay or waive requirement is less clear. For example, a local government cannot, without compensation, prohibit "actions by a private property owner reasonably necessary to prevent or mitigate harm from fire, flooding, erosion, or other natural disasters or conditions that would impair the use or value of private property." See Section 2 (b)(iv). How will it be determined what actions are "reasonably necessary" to prevent or mitigate those disasters or conditions? Q4: Is there agreement on what land use actions by local governments are exempt from the compensation or waive requirements? A: No, there is much room for interpretation as to what is exempt under Section 2(2)(c), and the exemptions raise additional questions as to the initiative's scope. This exemption section states that "damaging the use or value" of property does not include "restrictions that apply equally to all property subject to the agency's jurisdiction." However, that section then includes specific examples of restrictions that are exempt, even though cities might not apply them equally to all property within a jurisdiction. For example, the exemptions include those that limit "the location or operation of sex offender housing or adult entertainment." Cities that regulate adult entertainment generally limit them to certain zones, so it would appear that those restrictions don't "apply equally" to all property within those cities. So, this raises the issue of what is meant by "apply equally." Building height restrictions aren't normally the same in residentially and commercially zoned areas and may vary within each. Do they have to be the same everywhere in a city to avoid compensation for greater restrictions enacted after 1/1/96? It would appear so. The initiative exempts regulations that restrict the use of property "when necessary to prevent an immediate threat to human health and safety," yet it does not define what is meant by "immediate." Does this mean that cities cannot regulate common nuisances such as junk vehicles, which may not present such an "immediate" threat to public health and safety, without compensation? The exemptions also include matters that do not affect the use of private property, such as "worker health and safety laws" and "wage and hour laws," and regulations adopted by the federal government, such as "chemical use restrictions that have been adopted by the United States environmental protection agency." Such exemptions suggest a very broad scope to the initiative. In short, the exemptions identified in Section 2(2)(c) raise many questions as to what regulation I-933 applies to. Qs: What local ordinances, regulations or rules may damage the use or value of private property? A: It appears that the list of regulations, beyond those specifically identified, that "may" damage the use or value of private property would be very broad. Because the specific list of laws identified in section 2(2)(b) as "damaging the use or value" is not exclusive, property owners clearly may claim that regulations in addition to those specifically listed require compensation (or waiver) if such http://www.awcnet. org/portal/studionew.asp?Mode=b 1 &WebID=1 &UID=&MenuActionT... 9/ 18/200b Association of Washington Cities (AWC) Page 5 of 9 regulations fit this narrative definition. Since the definition of "damaging the use or value" includes subjective language such as "the cost of which in all fairness and justice should be borne by the public as a whole," it is difficult to identify specific examples of regulations that may meet this definition. Q6: Eight new cities have incorporated in Washington since 1/1/96 - Edgewood, Lakewood, Maple Valley, Covington, Kenmore, Sammamish, Liberty Lake, and Spokane Valley. Does I-933 impact planning and zoning in new cities any differently from other cities? A: Cities that incorporated after January 1, 1996 will be impacted differently than other cities by section 2(2)(b)(i), because that Provision exempts regulations that prohibit or restrict "any use, or size, scope, or intensity of any use legally existing or permitted as of January 1, 1996." All of these eight cities' land use regulations were enacted after that date, so, to the extent that those cities' regulations are more restrictive than their counties' regulations that were in effect on that date, they cannot be enforced or applied without compensation Q7: In addition to cities, towns and counties, what other "agencies" would be required to consider and document various factors before "enacting or adopting any ordinance, regulation or rule which may damage the use or value of private property" within cities and towns? For instance, is the state legislature included? Individual state agencies? A: Most certainly, individual state agencies that adopt regulations or rules impacting private property would be required to adhere to these requirements. As with many of the questions raised by I-933, arguments could be made on both sides of the issue on whether it applies to certain actions of the Legislature. The answer likely depends on whether a court determines (1) that the legislature is an "agency," and (2) that the legislature adopts "ordinances, regulations, or rules." QS: How does I-933 affect a city or town's obligations to adopt and enforce Shorelines Management Act (SMA) plans and regulations as mandated by state law? A: A local government cannot, without compensation, enforce an SMA regulation that falls within the "damage" definition of section 2(2)(b)(ii). This definition specifically includes matters within the purview of SMA regulations - "[p]rohibiting the continued operation, maintenance, replacement, or repair of existing tidegates, bulkheads, revetments, or other infrastructure reasonably necessary for the protection of the use or value of private property." This appears to apply regardless of how long ago prohibitions were enacted. Other matters within SMA jurisdiction, beyond those specifically identified, may also require compensation to enforce. However, absent court interpretation or legislative clarification, it isn't clear whether a local government would have the option to waive enforcement of state -mandated and approved regulations like those adopted under the SMA. Q9: Would I-933 affect the authority of local governments to impose temporary moratoria ("time outs") on land use http://www.awcnet.org/portal/studionew. asp?Mode=b 1 &WebID=1 &UID=&MenuActionT... 9/ 18/2006 Association of Washington Cities (AWC) Page 6 of 9 actions? A: I-933 is unclear on this point. Section 5 prohibits a local government from adopting GMA regulations that "prohibit uses legally existing on any parcel prior to their adoption." While a moratorium does not strictly prohibit any uses, it may prevent property owners for a period of time from applying for a permitted use. A property may claim that the effect is the same, albeit temporary, and that a moratorium may not be adopted. With respect to moratoria adopted under laws other than the GMA, I-933's compensation provisions do not specify that the prohibitions must be permanent. As such, courts might determine that temporary moratoria are allowed, but would likely have to specify under what circumstances. Q1O: Section 2(2)(c)(i) includes in the list of regulations that are exempt from the compensation requirement regulations "[r]estricting the use of property when necessary to prevent an immediate threat to human health and safety." What is an "immediate" threat? A: The answer is not clear. If a court were to use the dictionary definition, then this exemption would only narrowly apply to regulations necessary to prevent a threat to human health and safety that was occurring or was about to occur in the very near future. Regulations to prevent a direct discharge of contamination into a drinking water source, for example, would probably qualify. But whether regulations concerning longer -term threats, such as regulations for septic systems or the siting and operation of a landfill, would be exempt is unclear. Q11: Section 2(2)(c)(H) exempts regulations "[r]equiring compliance with structural standards for buildings in building or fire codes to prevent harm from earthquakes, flooding, fire, or other natural disasters." Does this mean that any building code regulation that does not have to do with preventing "harm from earthquakes, flooding, fire, or other natural disasters" and that was not in place on January 1, 1996, cannot be enforced unless a city pays to do so? A: The answer to this question will depend on how the courts interpret the "apply equally" criterion, as discussed in Q4 above. If section 2(2)(c) is interpreted to exempt from the compensation requirements all regulations that "apply equally to all property subject to the agency's jurisdiction," not just the ones listed; and if "apply equally" is interpreted to mean treating similarly -situated property equally, then cities and town may still be able to apply equally post-1996 structural standards in building or fire codes that are not designed to prevent harm from natural disasters. Of course, since the state building code requires cities to enforce these codes, they may have no choice but to enforce them. Section 3 — Compensation and Waiver Q1: When does the compensation requirement in section 3 apply? What does it mean for a city or town to "decide to enforce or apply" a regulation? A: Compensation is required under section 3 of I-933 if an agency "decides to enforce or apply" a regulation that would result in http://www.awcnet.org/portal/studionew.asp?Mode=bl &WebID=1 &UID=&MenuActionT... 9/ 18/2006 Association of Washington Cities (AWC) Page 7 of 9 damaging the use or value of private property. if the agency "chooses not to take action," it is not liable for compensation. This language appears to give agencies the option to "waive," or not apply, the offending regulation and thereby avoid compensation. However, unlike Oregon's Measure 37, which clearly provides agencies with authority to waive laws (no compensation has been paid in Oregon on any claim to date), I-933 is ambiguous as to whether it provides waiver authority or whether it simply acknowledges that an agency may already have waiver authority in the laws it administers. Q2: would compensation be required under section 3 whether or not a development permit is being sought for a specific piece of property? A: Yes, if the city or town is affirmatively choosing to "enforce or apply" the law. Section 3's compensation requirement is triggered if an agency "decides to enforce or apply" an offending regulation. If a property owner does not apply for a permit, and the agency does not seek to enforce the law, the compensation requirement is not triggered. Q3: When would the state or other agencies be liable for compensation for regulations applicable in cities? A: If the regulation is purely local, that is, it is not adopted pursuant to state statute or regulation, the state or state agencies would likely not be liable for compensation. What is not clear, however, is whether the state bears some responsibility for compensation if the local law is adopted pursuant to a state law requirement. For example, many cities and towns are required to adopt and enforce plans and regulations under the Shorelines Management Act (SMA). Those plans and regulations must be reviewed and approved by the Department of Ecology prior to local implementation, GMA plans and regulations are required at the local level, but aren't reviewed and approved by the state. Whether those differences are significant enough to make a case for a finding of an agency relationship is unknown. Q4: What liability might a city incur if it decides to waive (not enforce) a regulation mandated by the state or federal governments in order to avoid compensation? A: Good question! Again, we are not sure. Q5: What liability might a city incur if it waives a regulation and the activity resulting from that waiver damages adjoining property? A: This gets into areas of law dealing with negligence. It isn't clear how this would sort out and it likely depends on how courts ultimately interpret the so-called "pay or waive" provisions of I- 933, should it be enacted. Q6: If needed, how is the amount of compensation determined? Section 2(2)(d) of I-993 defines "compensation" as "remuneration equal to the amount the fair market value of the affected property has been decreased by the application or enforcement of the ordinance, regulation, or rule." Therefore, governments will have http://www.awcnet.org/portal/studionew.asp?Mode=bl &WebID=1 &UID=&MenuActionT... 9/ 18/2006 Association of Washington Cities (AWC) Page 8 of 9 to pay for the decrease in fair market value caused by the regulation. It also includes attorneys' fees reasonably incurred by the property owner in seeking to enforce I-933. How one determines whether, and to what extent, a land use regulation decreases fair market value is a complex matter. Further, section 2(2)(d) states that to the extent any portion of the property is required to be left in its natural state or without beneficial use by its owner, the amount of compensation due would be the fair market value of the portion of property required to be left in its natural state. Section 5 - GMA AMENDMENTS Q1: Section S is the only part of 1-933 that specifically amends the Growth Management Act. What does this section mean and how does it differ from section 2(2)(b)(i) (requiring compensation for post -January 1, 1996 regulations)? A: Section 5 of I-933 prohibits the adoption of any new GMA development regulations that prohibit uses that legally existed prior to the adoption of the regulation. Section 5 differs from section 2(2)(b)(i) in that it does not allow a local government to adopt such a regulation and then pay to apply it. Rather, it prohibits the adoption of any new regulation that prohibits an existing, legal use. Q2: Does section 5 prohibit GMA cities or towns from making a use nonconforming —allowing its continuation but subjecting it to nonconforming use rules? If not, are legally existing uses then legal in perpetuity? A: I-933 appears to prevent the creation of nonconforming uses. It prohibits changes to GMA regulations that would prohibit existing, legal uses. Since a nonconforming use is only created by virtue of regulations that otherwise prohibit that use, section 5 seems to limit a GMA city or town from creating any new nonconforming uses. Current legal uses would be legal in perpetuity. General Questions Q: Does I-933 affect a city's eminent domain authority? No. Although Section 1, the purpose and intent section, discusses the power of eminent domain, the operative sections do not mention eminent domain authority. Curiously and despite this fact, the proponent's web site identifies three eminent domain actions (one by the state, one by a city, and one by the Seattle Monorail Authority) as the first three examples of "excessive regulations" that have damaged property. Note that the Washington State Constitution does not authorize condemnation of private property for economic development, as was determined by the U.S. Supreme Court in Kelo v. New London to be authorized in certain circumstances under the federal constitution. The Keio decision has been widely criticized by property rights organizations. In closing... As more information becomes available about I-933 - including how individual cities or others are interpreting its provisions, AWC will provide updates to cities and towns through our regularly scheduled publications and on our website. http://www.awcnet.org/portal/studionew.asp?Mode=bl &WebID=1&UID=&MenuActionT... 9/18/2006 Association of Washington Cities (AWC) Page 9 of 9 If you have questions or comments on this topic, please feel free to contact AWCs Dave Williams at either (360) 753-4137 ext. 142 or (e-mail) davew@awcnet.org. 8/18/06 http://www.awcnet.org/portal/studionew.asp?Mode=b 1 &WebID=1 &UID=&MenuActionT... 9/ 18/2006 CITY OF MEDINA RESOLUTION NO. _ A RESOLUTION OPPOSING INITIATIVE 933, ENTITLED "AN ACT RELATING TO PROVIDING FAIRNESS IN GOVERNMENT REGULATION OF PROPERTY" WHEREAS, Initiative 933 (1-933) will be presented to the voters of the State of Washington at the general election on November 7, 2006, with the following official Ballot Title: Statement of the Subject: Initiative Measure 933 concerns government regulation of private property. Concise Description: This measure would require compensation when government regulation damages the use or value of private property, would forbid regulations that prohibit existing legal uses of private property, and would provide exceptions or payments. Should this measure be enacted into law? Yes [ ] No [ ] and WHEREAS, 1-933 would require an agency that "decides" to enforce or apply any ordinance, regulation or rule to private property that would result in damaging the use or value of private property payment to first pay compensation, as defined in 1-933 , and WHEREAS, the definition of "private property" includes virtually all interests in real and personal property, and WHEREAS, the definition of "damaging the use or value" of private property is extremely broad, so as to deprive local jurisdictions, including the City of Medina, of the ability to adopt and enforce reasonable land use regulations, including comprehensive planning and zoning to ensure the appropriate location of uses, and compatibility among uses located in proximity to each other; sensitive areas regulations necessary to prevent environmental harm; and general development regulations necessary to promote the public health, safety and welfare, and WHEREAS, 1-933 erroneously implies that local jurisdictions have authority to "decide" not to enforce or apply their duly adopted ordinances, regulations and rules, without granting express authority to pay compensation or waive the enforcement or application thereof, and even if the authority to waive the enforcement or application of duly adopted ordinances, regulations and rules were explicitly granted by 1-933, the selective application of such waiver would be inequitable and result in inappropriate development and environmental harm, and WHEREAS, the cost of processing and paying compensation for the enforcement and application of reasonable development regulations in order to protect the public health, safety and welfare would exceed the annual budget of the City of Medina many times over, crippling the ability of the City to provided needed public safety, infrastructure and other public services, and WHEREAS, the process required by 1-933 to adopt new ordinances, regulations and rules to protect the public health, safety and welfare would be unduly burdensome, slow and costly, and WHEREAS, prior to adoption of this resolution, the City of Medina has given notice of the meeting at which it was considered, and has afforded equal opportunity at the meeting for any person to express an opposing view, now, therefore, be it BE IT RESOLVED, by the City Council of the City of Medina, Washington, that the City of Medina opposes adoption of Initiative 933, and urges its rejection by the voters. PASSED BY THE CITY COUNCIL THIS _ DAY OF _, 2006, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE _ DAY OF , 2006. Miles R. Adam, Mayor Approved as to form: Wayne Tanaka, City Attorney Attest: Rachel Baker, City Clerk ITEM E - 4 City of Medina AGENDA STATEMENT AGENDA ITEM TITLE: SR 520 Bridge Replacement & HOV Project Draft EIS and Preferred Alternative Resolution MEETING DATE: September 25, 2006 DATE THIS ITEM WAS LAST CONSIDERED BY COUNCIL: July 24, 2006 SUMMARY OF ISSUEITOPIC: The City Council is asked to review the attached comments to be submitted in response to the Draft Environmental Impact Statement and the attached Resolution for the Preferred Alternative. Stakeholders involved in the project have been steadily working toward identification of a preferred alternative for the Project. The mid -August publication of the Draft Environmental Impact Statement (DEIS) is the first step toward reaching a decision on a Preferred Alternative. Comments on the EIS will be accepted through October 2, 2006. WSDOT has established a process for developing consensus on a preferred alternative, which includes a decision from each of the impacted cities. WSDOT has asked that each impacted agency or jurisdiction take formal action prior to the Executive Committee meeting scheduled for the week of October 23, 2006. The preferred alternative recommendation should include input on the following issues: 1) Selecting the overall number of lanes or cross section - 4 lanes (two general purpose lanes in each direction) or 6 lanes (two general purpose lanes plus an HOV lane in each direction). 2) If the preferred cross section is the 6-lane facility, selecting from among the 6-lane options described fully in the Draft EIS: - Removing the Montlake freeway transit stop - Adding a second Montlake bascule bridge across the Montlake Cut - Relocating the Montlake Interchange with SR 520 to the east at a new Pacific Street Interchange - Placing the eastside bicycle/pedestrian path to the north of the highway - Removing the Evergreen Point freeway transit stop If Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. P:12006 Agenda Packets1092520061Item E-4, SR 520 Project Agenda Statement. doc - Providing direct transit access at 108t" Avenue NE to the S. Kirkland Park and Ride - Providing direct transit at Bellevue Way to the S. Kirkland Park and Ride 3) Both the 4 and 6-lane alternatives can be built with pontoons sized to carry future high -capacity transit. Each jurisdiction or agency should provide input to affirm its position on including that option for future HCT expansion into the project. COMMISSION RECOMMENDATION: ❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® N/A CITY MANAGER: ® APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ❑ N/A COMMENTS: Mayor Adam and I have completed a review of the EIS and recommend submitting the attached comments on behalf of the City Council. ATTACHMENTS: ❑ No Action Requested ® Action Requested Comments on Draft Environmental Impact Statement Resolution regarding Preferred Alternative BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $ ❑ BUDGETED ❑ NON -BUDGETED FUND: ❑ ® N/A RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE) I move to adopt the resolution stating the City of Medina City Council recommendation on the SR 520 Project Preferred Alternative; I move to approve the comments to be submitted on behalf of the City Council in response to the SR 520 Bridge Replacement & HOV Project Draft EIS. If Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. RM06Agenda Packetsk09252006Vtem E-4, SR 520 Project Agenda Statement.doc Potential SR-520 comment points for City of Medina • Support 6-Lane alternative with following options on the Eastside: • Bicycle/Pedestrian path to the north • No Evergreen point freeway stop • South Kirkland park and ride • Transit access - Bellevue Way, 108t" Ave. • 70 feet for eastside navigation channel (also height of bridge) • Added congestion at 92"d Ave. Westbound off -ramp • General question regarding how to work out mitigation plan given that "Medina would experience the most construction effects." • Same question for mitigation plan for bridge operations facility • Land use — displacement of Medina resident? • "Most of the land would come from slivers of single-family parcels, usually from backyards?" How to protect homeowner's interests? • Page 2-35 • Minimize impacts of regional transportation facilitation on adjacent residential uses. • Maintain and enhance access to public transportation. • Maintain and/or improve local and regional air quality • Retain current transit stops • Page 2-49 • City of Medina in cooperation with anglers' association maintain salmon incubator since 2001? • Page 3-7 • Elimination of the Evergreen Point Freeway Transit Stop option is not supported by City of Medina neighboring cities/towns • Page 4-10 • What about westbound 84t" Ave. on -ramp? What is the LOS rating of 84t" Ave. NE intersection? • Page 4-15 • City of Medina supports reduction to 70-foot clearance • Page 4-19 • PM2 should be addressed even without EPA standards. What is current level? What is projected 2016 and 2030 level? • Page 4-23 • What mitigation measures will be taken to reduce impact service disruptions? e.g. EPR water main • Page 4-27 • Does new bridge affect panoramic views of the lake from homes in Medina located along the east shoreline? • Page 4-28 • If possible, permanent noise barriers should be installed in advance of project or as first phase of project. • Page 4-33 • What are the hours of work? • What is dust control method and frequency? • Will noise wall be installed prior to construction? • Page 4-41 • Will opening new areas of upstream habitats to salmon and other species effect Fairweather Creek? If so, how? • Page 7-32 • Salmon incubator is located in Fairweather! • Page 8-29 • If project starts before 2010 construction vehicles should use low sulfur diesel fuel voluntarily RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON REGARDING A PREFERRED ALTERNATIVE AND ASSOCIATED OPTIONS FOR THE SR-520 BRIDGE REPLACEMENT AND HOV PROJECT WHEREAS, the Washington State Transportation commission adopted resolution 596 of September 16, 1999, endorsing the Translake Washington Study Committee recommendations and directed the Washington State Department of Transportation (WSDOT) to proceed with an environmental impact study scoping effort focused on the SR-520 corridor and WHEREAS, there is a desire by the State of Washington and the City of Medina to create an environment of cooperation and agreement in which agreement is reached relative to the design of a proposed SR-520 facility and related transportation improvements, and WHEREAS, the Medina City Council by Resolution No. 270, dated December 13, 1999 and Position Statement, dated December 13, 2004, identifying community mitigation for any proposed SR-520 solution, WHEREAS, any project within the SR-520 corridor must provide measurable congestion relief to the regional transportation system, and WHEREAS, the City of Medina supports the SR-520 corridor Bridge Replacement and HOV Project to enhance regional transportation mobility and assure mitigation and enhancement of the SR-520 corridor in and through Medina and its adjacent communities, and WHEREAS, the City of Medina would like to share its project recommendations and expectations with those also involved in identifying a preferred alternative for the SR-520 Bridge Replacement and HOV Project, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Medina supports the following project alternative and options: A. 6 Lane Alternative (two general purpose lanes plus an HOV lanes in each direction) such that the project is constructed with pontoons sized to carry future high -capacity transit. B. Construction of the eastside bicycle/pedestrian path along the north of the highway. C. Retain the Evergreen Point freeway transit stop for current and future service. D. Provide direct transit access at 108t" Ave. NE to the S. Kirkland Park and Ride. Section 2. The general project requirements for the SR-520 Bridge Replacement and HOV Project should include the following elements: 1. Lids • 3 Lids, 92"d Ave. NE; 84t" Ave. NE; Evergreen Point Road • Maximum length possible not requiring mechanical ventilation or fire suppression — minimum 500' long. • Designed per community input for low intensity use and natural park- like appearance. 2. Sound Walls/ Noise • Continuous Sound Walls from the Eastside landing to Bellevue Way (except where lidded) • Design Sound Walls for maximum noise reduction benefit; cantilevered walls for uphill sound suppression. • Use of "Quiet Pavement" surface throughout Points communities. • Sound buffering within the lids to prevent "trumpeting the noise." 3. Transit Stops • Maintain Transit Stops at 92"d Ave. NE and Evergreen Point Road 4. Environmental • Avoid negative impacts to sensitive areas, including Nature Preserves. If avoidance is not possible, provide full mitigation 5. Construction Period • Minimize all construction impacts without unreasonably extending completion of construction. • Provide reasonable access for residents to their homes during construction. 6. General Design • Regional trail/bike path to be located on the north side for SR-520. • The object of any interchange modification is to minimize cut through traffic, carpool lane cheaters, and traffic back ups on local access routes. • Equitable mitigation on both sides of the lake PASSED BY THE MEDINA CITY COUNCIL ON THE DAY OF OCTOBER 2006, AND SIGNED IN AUTHENTICATION OF SUCH PASSAGE ON THE SAME DAY. ....�N Aa Miles R. Adam Mayor ATTEST/AUTHENTICATED: Rachel Baker City Clerk Filed with the Clerk: Passed by the City Council: Resolution No. City of Medina AGENDA STATEMENT AGENDA ITEM TITLE: MEETING DATE: DATE THIS ITEM WAS LAST CONSIDERED BY COUNCIL: ITEM E - 5 Acceptance of Donations Policy September 25, 2006 Not previously considered. SUMMARY OF ISSUE/TOPIC: The attached draft policy is intended to provide guidelines for acceptance of donations. The City of Medina has not established a policy to provide guidance for acceptance of donations. As a result, unsolicited donations may not be consistently or thoroughly reviewed prior to acceptance. The draft policy has been developed for review by the City Council. COMMISSION RECOMMENDATION: ❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® N/A CITY MANAGER: ❑ APPROVE ❑ DISAPPROVE ® SEE COMMENTS ❑ N/A COMMENTS: Council direction regarding the draft policy is requested. The following issues may be of specific interest to the City Council: 1) The maximum amount or value of donations that the Council wishes to delegate authority to approve or reject to the City Manager. 2) Criteria for determining if a donation is appropriate for acceptance. 3) Does the City Council wish to adopt a policy establishing guidelines for acceptance of donations? ® No Action Requested ❑ Action Requested ATTACHMENTS: Draft Acceptance of Donations Policy BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $ if Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. P:12006Agenda Packets1092520061Item E-5, Donations Policy Agenda Statement.doc ❑ BUDGETED ❑ NON -BUDGETED FUND: ❑ ® N/A RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE) I move If Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. P:12006 Agenda PacketsQ92520061Item E-5, Donations Policy Agenda Statement.doc CM OF -MEDIX-A ADMINIS�MATTVE GUIDELINES GUIDELINE #37 ACCEPTANCE OF DONATIONS EFFECTIVE DATE: PREPARED BY: REVISED: APPROVED BY: SUPERSEDED: Douglas J. Schulze City Mana er SECTION 37.1 — Purpose INDEX: 37.2 — Reference 37.3 — Application 37.4 — Policy 37.1 PURPOSE To establish procedures for the acceptance of donations or gifts to the City. A uniform set of procedures shall be followed in acceptance of all unsolicited donations and proper approval shall be obtained prior to acceptance. All cash, equipment, in -kind services, materials and sponsorships donated to the City shall be accounted for in accordance with the procedures set forth in this policy. For purposes of this policy, the terms "gift" and "donation" shall be synonymous and may be a monetary contribution and/or equipment, in -kind goods or services or sponsorships which the City has accepted and for which the donor has not received any goods or service in return. 37.2 REFERENCE None 37.3 APPLICATION The Administrative Guideline applies to all individuals employed by the City of Medina. 37.4 POLICY The City Manager will accept or reject offers of donations of money, equipment and in -kind contributions or sponsorships to the City in general up to $10,000. Donated money will be expended for general purposes or specified purposes, if agreed upon with the donor, as one-time supplements to the City's operating CM Of MEDIJVA ADNINYSTRATYVR GUIDRL.TNRS budget. Donations of equipment will be considered based on program outcomes, City and/or department goals and needs. Each donation will be evaluated for usefulness and costs associated with operation and replacement of equipment. In -kind contributions and sponsorships for specific events will be treated in the same way as donated funds. For monetary, equipment and in -kind contributions or sponsorships with values over $10,000, a report to the City Council will be written to outline the purpose of each donation and the advantages and disadvantages of accepting the gift. For monetary donations, it will be stated in the report to the Council if the gift is a one-time contribution for a specific purpose or a contribution where the principal could be invested and the interest used to support all or part of a special project or program for a number of years. The City Council will determine, on a case -by - case basis, if monetary, equipment and in -kind contributions exceeding $10,000 should be accepted or rejected. Corporations offering sponsorships or in -kind contributions will be requested to state the value of the offered service. Responsibility. Upon acceptance of a donation by the City Manager, responsibility for management of donations may be delegated to the department director having authority to expend donations up to the value of $10,000 as determined by the City Manager. All donations that exceed $10,000 must be approved by the City Council through presentation of a report during a public meeting. The Finance Department will establish separate donation accounts for each City department and a general account for the City to accept donations and expend donations for specified purposes. Accepting Unsolicited Donations. Unsolicited donations shall be accepted only if they have a valid use to the City. 1. Donors who wish to give a gift which is not specific to a given department may give a gift to the City in general. The City Manager will determine if such gifts should go to a specific department or to the general City donation fund. 2. If the item obviously has no use to the City or would be more effectively used elsewhere, the donor will be informed, as soon as possible, and referred to an appropriate agency by the City Manager. 3. Proof of Ownership. If there is any question as to the legal owner of the donated item, proof of ownership may be requested. 4. Restrictions. Donors shall be encouraged to place minimal restrictions on donated items or funds, allowing the City as much flexibility as possible on determining its use. 2 CITY OF M EDIWA ADMINISI-RATYVE GUIDELINES Conditions for accepting/relecting donations. Staff shall work with the donor to assure that restrictions are reasonable and do not leave the donor with unrealistic expectations regarding permanency of life of the donation. The following are criteria, which may be applied in determining if a donation is appropriate for acceptance. 1. Is the use of the item or money for a designated purchase consistent with existing City policy, program outcomes and department/city goals? 2. Do restrictions upon the use of the item or funds make it practical to accept? 3. Do restrictions on disposal or retention of the item or funds make it practical to accept? 4. Is required accounting for the item or funds excessively difficult? 5. Would equipment require extensive repair or maintenance, and if so, is maintenance support available? 6. Does use of equipment or materials require the purchase of additional items to be useful? 7. Does acceptance of funds, equipment or in -kind services or materials present a conflict of interest or appearance of fairness for the City or its employees? Regardless of the value of the donation, if the donor is a contractor, potential contractor or there is reason to believe there may be a conflict of interest or appearance of fairness, then the City Manager will determine if the gift should be accepted, rejected or submitted to the City Council for approval. 8. Will the donation result in an increase to the City's budget? If yes, will the increase be a one-time increase or an ongoing increase? Recipients must bear in mind that donations are to be considered one-time supplements and should not be used to develop new programs or services, which would require budget supplements from the City in the current or subsequent years. Procedures. A. Gifts valued at $10,000 or less. 1. Donation Receipt Form will be completed when donations are received, with the form completed by City staff (Attachment A). The donor shall retain a copy, the director shall be sent a copy and a copy will be sent to Finance. 2. The donor, not staff, must place a value on the gift. 3. The City Manager will acknowledge each gift by letter, thanking the donor for the gift. A draft letter is included (Attachment B). 3 CIS OF M EDIWA ADMINYS7-R TT VE C3 UID ELINES 4. The Finance Department will oversee deposits and expenditure of funds. Monthly summaries of donations received and expended funds will be prepared by departments and submitted to the City Manager who will notify the City Council. B. Gifts valued at more than $10,000. 1. All gifts valued at more than $10,000 as determined by the donor require City Council approval. Subsequent to Council's acceptance, procedures for acceptance of gifts in excess of $10,000 shall be the same as those in Section A above. C. Cash Gifts 1. Depositing and expending cash gifts: All cash gifts shall be deposited immediately with the Finance Department in accordance with City cash control and handling policy and procedure (Administrative Guideline 35) and shall be accompanied by a copy of the Donation Receipt. Funds will be deposited in each department's donation account(s) or in the City's general donation fund, if appropriate. Funds can also be expended from those accounts. The Finance Department will oversee accounting for funds that are deposited in and expended from donation accounts. 2. Recording cash donations. Donations must be supported in the Finance Department files by the Donation Receipt signed by the donor, which identifies the name of the donor, the amount and date of the donation, and the nature of restrictions on spending, if any. 3. Council Authorization and Notification: A request for authorization for monetary gifts and others valued over $35,000 should come to the Council in the form of a resolution. 4. Procedures for Expending Donated Cash. The donations may be spent from each department's donation fund when an appropriate purchase is made. Funds shall remain in this account until they are spent for their intended purpose. Donations can be carried over to the new fiscal year with approval from the City Council. D. Donations of equipment and in -kind services or materials or sponsorships. As with cash gifts, donations of equipment and / or in -kind services or materials can be accepted by the City Manager if values are under $10,000. Equipment or in -kind services or materials valued over $10,000 by the donor, must be approved by the City Council. E. Publicity for Donation Opportunities: With prior City Council approval, individual departments and the City, in general, may produce and distribute publicity outlining opportunities and procedures for donating money in honor or recognition of a person, organization, or event. They may also distribute information on procedures for making bequests. 4 (0 O � N 'Loll $ § �.p . �-r b O � to 0 2' C \ �Cl) co c c E cm CDn 7 ) ƒ g g q u co q q k k \ ƒ Ln L ƒ ƒ co .2 % 0 £ / 2 o m k » k g k q & § § En § � ° q k 6 3 6 6 3 (0.0 E E : c .0 E .0 c o E 0 oFm as a k N 0 j \ \ 0 \ O� 66 6 6 7 0) . $ . / 0 c 0 CDc ¢ p m m' cn m p ' . m k k 0 / T Mn / Q O D O O to .0 7 2 2 § 0 \k § k k k CL ( & %ƒ 6 U « 6 6 a)/ 2 222 k / E / C �3 E ¢ E 3ƒ3 o 3 3 3 © 2 k 2 2 2 n o m § a 7 7 0 0 ko ccE R - < < / 2 \ CL @ J 7 k k � £ m ) 2 o § c g ® c E 2 -0 W �� CL co w a E 2 2 - � g § � / 7 ) 2 -C 7 7� � -r a) �. ? ¢ 2 � � / % � � o k� R ± 2 R o@ � = 2 � m E @ O? U�&- o ¢' m[& -0 4¢ m� x 3/ c a)« E 0 @ m 2 q@`« m 0 y £ a . 2 2 2 E @ 2 o� 2 o o w ¢ U » m &$ ¢ p _C o ��- m= m E m- o ®& m� c o=@ Q �0IZ =_@ m m m± o k & 0� t E®o m-0 = o E» o d c ¢ m 3 E M§ 7 Q c c c Q c@ o" U q£ k� U0 § § n % U 7 o-- 22 2 % \ • % E ¢ @ U= \ ¢. c ©RR @%4CN UQUQO-�2-j/�22O��a2mm@mwZrco- 0 m 7 CL m 0 0 � c + 0 n 2 0 Q « 0 0 U . Communicating with Your Citizens Its a Two -Way Street Association of Washington Cities, June 2006 Presented by Northwest Public Affairs It's a Two -Way Street _Communicating with Citizens . Landscape Review . Opportunity to Re- engage with Citizens . Why bother? Keeping the public's trust . How to broaden participation . Tips and Techniques Listen & Learn Road Rage - Era of Citizen Anger "They just don't get it - they're out of touch.lit " Gridlock, divided govern — Serious recession, economic uncertainty • Drumbeat of anti- government campaigns • Low Trust In government • Divisive election, closest in history 1 Gridlock is starting to break? Eoonomic progress Gridlock breeldng In Olympia Headway an big rues, high OR P91 MP — Voters not as angry state and locally Continued worry & amdety nationally, Internationally Voters more careful to saudnize ballotlissues, less knee-jerk reaction You hear us, well hear you Chance to re-engage with Citizens . Not as highly charged . Still skeptical — but not as quick to judge . Opportunity for more rational debate . Citizens want their voices heard, but also more willing to listen . Aware the answers aren't always easy . Tired of gridlock want real solutions K Why Bother? Clear Direction for Your City Build a foundation of trust Latitude for tough decisions Citizen input, chance to be heard, informed Chance for sides to hear differing views Address concerns, build consensus along the way Decisions based upon long- term best interest of the city, not short-term political influences Multi -Feedback Two -Way Communications . Council Meetings . City Questionnaire via mail, email, website . Community Forums . Opinion Leaders . Business and Civic Organizations Public Opinion Research . AWC Citizen Feedback — . Other Pulse Pads 3 Expand &Recruit Community Participation . Get outside city hall . Post on Web Site . Meet in Neighborhoods . Blast Emails — Forward, Pass it on . Business and Civic Organizations . Mail and Phone . Banners in Visible . Personal Outreach Locations Expand & Recruit Community Participation . Community Calendars Top 10/1DD Town Talkers . Dairy and Weekly Heads of civic org etc. — newspapers recruit their members . Constituency Publications Personal appeals, phone . local radio, local cable, trees TV Voice mail recordings — . Community Bulletin don't forget to ask me Boards — Schools, ate•• Churches, Community Emall signature — P.S. Centers etc Mark your calendar — key . Banners — We want to staff and eWteds hear from YOU! Other kleas . City Web site Agenda Community Forums . What to Expect . Welcome, Candor, Respect for differing views . Mostly hear to listen and learn from YOU . Start with just the facts — everyone on the same page (15-20 minutes) . Key Questions . Breakouts / Report back to the larger group . Record feedback for everyone to see . Q&A and dialogue . Summarize, compare — areas of consensus, differences, questions that need follow up '© Format Suggestions =� Community Forums . Council in listening mode . Get outside City Hall . Into Neighborhoods . Facilitation - Possible Staff, civic leader or other facilitator . Keep less formal, less intimidating . Name tags, registration — emails . No dais with rows of chairs . Round tables ideally, face to face . Wireless Microphone . Snacks and Beverage Results In Touch with you Community . Maintain public's trust . Perhaps gain benefit of the doubt . New, better ideas, solutions . Stronger community involvement . Lower the temperature — I may not agree, but at least they listened . More informed public . Dispel myths . Balance loudest voices . Community feels a real part of the solution, future . Control the Agenda . Decisions, Real Progress . "They hear us!" N1 �utm 12306 Street Bothell,, 98 WA 98011 (425) 488-5999 September 25, 2006 Mayor Miles Adam City of Medina 501 Evergreen Point Road Medina, WA 98039 Dear Mayor Adam: As you are aware, I recently participated in the interview process for the city manager position with the City of Normandy Park. Shortly after the final interview, I was contacted by the Normandy Park City Council and offered the position. I have grown professionally and personally during the past ten years while serving as city manager in Medina. It has been a truly rewarding experience and I appreciate the opportunity to work with the many talented and dedicated individuals who have served on the city council, boards, commissions and committees. The opportunity presented to me in Normandy Park will allow me to experience new challenges and pursue my career goals. Therefore, I have decided to tender my resignation as city manager of the City of Medina effective October 31, 2006. My final workday will be Friday, October 27t'. Sin ely, Douglas Schulze Cc: Medina City Council I am Jim Roush and I have lived at the same address, 2441 Evergreen Point Road since 1959. 1 would like to speak to the very legitimacy of the Ordinance itself which I understand some people question. Extensive personal property rights are enshrined in our United States Constitution and our consequent laws. Equally enshrined are limitations on those rights if they harm another person or they are in conflict with the common good. In America that harm and common good is determined by a democratic process, not by monarchical fiat. Thus we accept numerous property right restrictions in zoning ordinances. Mandatory sewer hook-ups and occasional watering restrictions also impinge on our personal property rights. So, is the Medina tree ordinance a valid property restriction? Definitely yes, because: When I moved to Medina those 47 years ago, I marveled at but took for granted the tall trees surrounding me in that small community. New residences were built and often I was distraught to see large logs lying temporarily beside the street. The irreplaceable monarchs gradually were being cut down. Pardon my flowery language but it is hearfelt, and other residents felt the same. We were looking at an ironic future when a wag might ask, "Why is the main thoroughfare of Medina called "Evergreen Point Road" instead of "Sunny Lane" or "Scalped Avenue"?" So, after years of work and innumerable Council meetings like this one, the tree ordinance was written, presented to Medina residents and voted into law — unquestionably a valid property restriction enacted for the common good. Thus it seems to me that if the town Council is going to reconsider that Tree Ordinance it should ask itself, "Is the Ordinance doing its job of preserving large trees in Medina?". My impression is that it is not. This admittedly subjective conclusion is based on frequent and long-term driving and walking along Evergreen Point Road and other streets in our town and observing the gradual removal of tall Douglas Firs. The most recent example is the new residence just south of the Biglow's home. Though beautifully landscaped, the tall trees are gone and this defining, treasured characteristic of Medina has been diminished. I understand that some objective statistical data is to be presented to the Council supporting my general impression. To the extent this is true, it seems to me that the appropriate response of the Council is to consider ways of strengthening, rather than weakening, the Tree Ordinance and thus fulfilling the mandate of Medina residents when it was enacted. I have two further short comments. My wife, Cynthia, and I have put our money where our mouths are by establishing some years ago a perpetual conservation easement on our property which prohibits cutting down any trees. Secondly, I understand the impetus for reconsidering the tree ordinance has come from some developers who will realize larger profits if the tree ordinance is weakened. If this is true, I deeply resent having my quality of life and the value of my property, along with that of other Medina residents, significantly diminished just for the benefit of speculative house developers. I thank the Council for listening to this plea to preserve and strengthen the unique Northwest quality of our small community. The tall trees we have are such a valuable, irreplaceable amenity and touchstones in our joint lives. Respectfully submitted, Jim Roush Y Charles and Lynne Swoope ---- -_ _- 7319 N.E. 181h St. Medina, Washington 98039 September 23, 2006 Medina City Council Members Medina, Washington Dear City Council Members: I regret that I will be unable to attend the Study Session of the Council on September 25, 2006. I would like to express my opinion about any plan to weaken plans to reduce the size and numbers of trees. Old growth trees contribute greatly to appearance, air quality, and to stabilize the numerous banks that slope toward the lake. The appearance, character, and special nature of our community; are greatly enhanced by the presence of trees. Regulations that allow permits to thin and trim trees in the street right of right of ways, reduce the number and size of trees to be retained; all allow damage to our fine trees. Planned reduction of trees is very vague and difficult to monitor. They occur very fast and errors to replace them occur very slowly. In addition to the damage to quality of our life, the potential of bank slides may also increase. Severe damage may occur to houses at lower levels. This is enhanced even more, by careless removal trimmings pushed over the slope. There has been a history of this in the area. Regulations and permits should be strengthened to reducing potential damage to trees and increasing the quality of life. While I recognize the wishes of builders and home owners, the very long time needed to restore significant trees and other desirable vegetation must also be recognized and respected. We have only to look around us at other areas, to be able to see the effects of greater clearing. This is a very serious matter, which deserves input from the Medina citizens. Sincerely yours. Charles C. Swoope Tree removal 20" and greater from 2004 to August 2006 2004 # 48 (36 [75%] required mitigation) involved 15 properties 2005 # 49 (38 [78%] required mitigation) involved 17 properties 2006 # 30 (22 [73%] required mitigation) involved 16 properties (#15 in May) Total since 2004 = # 127 < 24" diameter # 31 24 — 36" diameter # 65 > 36" diameter # 18 (11 were > 40 ", including a 60" willow) 80 (63%) were evergreens [67 (84%) required mitigation] Majority were Douglas firs (30) and Western Red cedars (23) Comparison of Tree Codes: Hunts Point and City of Medina Content Hunts Point Medina "Consistent with purposes" es Yes; includes types of trees on rights -of -way comprehensive plan Permit required Yes Yes Submittal requirements Plot and landscape plans 3 copies of survey, site & landscape plans* Definition of "significant" tree Evergreen tree >_ 8 inches DBH Any tree >_ 6 inches DBH Request for removal other than new ariance/ hearing examiner Processed through routine permit? construction view, light, etc. Included with notice of development plans for Notification of neighbors Required with permit application property; unclear if neighbor notification is required for tree removal application not related to construction Approval sign -off Town arborist, building official, City landscape consultant? Building official? own administrator City official? Replacement guidelines Specific to evergreens All tree varieties 25% native to NW Evergreen 25-50% same genus as trees removed Replacement tree specifications Minimum 8 ft. tall < 24" DBH - 100% total in., 2.5" D; coniferous8' * 1 tree for 1 tree 24-36" DBH - 125°l� total in., 2.5" D; coniferous 8' > 36" DBH - 200% total in., 4.0" D; coniferous 10' Replacement warranty 3 years 1 year Protective fencing material during Cyclone fence; plywood Protective fencing or barrier construction Violation penalty Max $10 K per each & every tree Max $5 K; replacement of tree(s) not specified Replacement of tree(s) required Hazardous tree definition Applied to evergreens Applies to all varieties of trees Pruning favored over removal, if possible Included in language Language not found in ordinance Emergency removal of tree Notify town official within 5 days Prior consent from city official Off -site mitigation policy Yes Yes Mitigation tree fund Yes Yes Exceptions for lots <_ 12000 s . ft. No Yes 6 months; prior to issuance of Permit of occupancy withheld or refundable Time limit on mitigation certificate of occupancy deposit of 150 /o of landscaping/mitigation plan required *new development or reconstruction (submittal requirements are not specified for tree removal not related to construction) Purpose of Tree Code (MMC 12.28.010) includes, but is not limited to the following: • Preventing indiscriminate removal or destruction of significant trees • Promote land development practices that result in minimal disturbance to city's natural environment • Minimize surface water & ground water runoff • Retain clusters of trees for abatement of noise and wind protection • Maintain existing tree canopy September 20, 2006 F. Dale and Patti Dier 1605 73rd. Avenue NE Medina, Washington 98039 425 454 7344 Medina City Council Members Medina, Washington 98039 Dear City Council Members, I am sorry I can not attend the council's study session on the 25`h of September, however I would like my voice heard regarding any plan to weaken the city's tree protection ordinance. I will be brief and to the point. I am strop 1 opposed to any weakening of the tree protection ordinance. We need to protect our large and old growth trees in all parts of our state and communities. In particular, Medina's large trees are especially part of what creates the unique ambience and character of Medina as well as protect the environment. The large trees along with the environment are what Medina City Council should be protecting, not the newest mega mansion. Many, if not all our council members, ran on the ticket to preserve the wonderful character of Medina. Agreeing to weaken, in any way, the ordinance to protect our trees can in no way be interpreted as preserving the character and ambience of Medina. These trees are in large part the character and ambience of Medina. Furthermore, I would like the council to review a loop hole in the ordinance that allows a resident to request a permit to trim/thin trees, on public right away, and then give that permit to another resident to do the work. This has recently happened down 18th Street. Please, do not weaken this ordinance in fact strengthen it by closing this loop hole. Thank you in advance for listening to your citizens. Sincerely, Patti A. Dier 1. First, I agree that we need to solve the bridge/traffic problem now. (Increase of seven times the number of vehicles on the road since 1963). 2. I favor the 6-lane alternative. Some will disagree due to its higher cost and longer completion time. But I submit the following: although I have lived in my current home for 29 years, I am a native of the San Francisco Bay Area and lived there before and during the building of the Bay Area Rapid Transit System. In spite of cost over -runs, crooked contractors, and numerous extensions of completion time, if they had not taken that step, current conditions there today would be unimaginable. When I moved here I read numerous comments in the newspapers relative to the reluctance of the Seattle metro area voters to approve bond issues which would have provided funds to mitigate traffic problems and congestion. I am a fiscal conservative but I think we must have vision. As I am 73 years of age, those who are younger will pay for the improvements, but to me that is better than paying much more, far later, perhaps with more confusion/congestion. 3. What I like about the 6-lane choice: a. Like I-90, the bike/pedestrian path is excellent. b. As with Mercer Island, I believe the three Eastside lids and all noise -reduction walls are essential. c. The air quality will be better as more vehicles move faster. In my neighborhood this is particularly good because of the location of Bellevue Christian School. It sits above SR520 and the reduction in noise and exhaust fumes will be of benefit to the school population. d. Completion time for our neighborhood (a little over two years, start to finish) is reasonable and an obvious benefit. 4. Questions: a. Although we must replace the SR520 bridge, what happened to the idea of an additional bridge at the north end of the lake? Was it voted down by the residents (which is certainly their prerogative)? I think it is, however, of significance that at least 40% of the vehicles funneled onto the Evergreen Point Bridge originate north of it. b. I have not studied light -rail, but what about an under -water tunnel for that mode of transportation, connecting Seattle and the Eastside? Something to think about for the future. Respectfully submitted, Dwight P. Russell 2618 Evergreen Point Road Medina, Washington 98039-1527 (425) 455-4817