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HomeMy WebLinkAbout11-26-2007 - Agenda PacketMEDINA, WASHINGTON CITY COUNCIL AGENDA MEDINA CITY HALL COUNCIL CHAMBERS NOVEMBER 26, 2007 6:15 PM MAYOR MILES ADAM DEPUTY MAYOR BOB RUDOLPH COUNCIL MEMBERS LUCIUS BIGLOW DREW BLAZEY JIM LAWRENCE KATIE PHELPS PETE VALL-SPINOSA CALL TO ORDER EXECUTIVE SESSION The Council will convene in closed session to discuss: CITY MANAGER MARK F. WEINBERG CITY ATTORNEY WAYNE TANAKA CITY CLERK RACHELBAKER 6:15 PM 6:15 PM 1. To review the performance of a public employee, pursuant to RCW 42.30.110(1)(g) 2. To discuss pending litigation and potential litigation, including but not limited to discussion of legal risks of a proposed action, pursuant to RCW 42.30.110(1)(i) 3. To review negotiations on the performance of publicly bid contracts pursuant to RCW 42.30.110(1)(d). (Any action of the Council will be taken in open session.) CALL TO ORDER 7:00 PM ROLL CALL APPROVAL OF MEETING AGENDA PUBLIC COMMENTS Persons wishing to address the City Council on Agenda items (except public hearings) or non -agenda items related to City business may do so at this time. Those who have service requests or complaints are asked to first bring such matters to the City Manager for prompt attention and resolution. (Three -minutes per person.) REMARKS AND ANNOUNCEMENTS A. Mayor B. Council C. Staff Medina City Nall . 501 Evergreen Point Road • Medina WA 98039 425-233-6400 ph • 425-454-8490 fx • www.medina-wa.gov CONSENT AGENDA These items will be acted upon as a whole unless called upon by a Council Member. CA-1: Professional Services Contract: Hearing Examiner Recommendation: Approve Contract. CA-2: 2007 Medina Election Results Recommendation: Receive and File. PUBLIC HEARINGS PH-1: Council Initiative by C/M Lawrence: Special Use Permit Ordinance Council Member Recommendation: Adopt ordinance relating to Hearing Examiner authority for special use permits for schools; amending chapter 17.56 of the Medina Municipal Code; providing for severability and an effective date. NEW BUSINESS COUNCIL INITIATIVES CIA: Council Initiative by C/M Blazey to Consider Regulating Noise Nuisances Recommendation: Discuss and Provide Direction to Staff. OTHER BUSINESS REPORTS — CITY MANAGER CM-1: Agenda Calendar ADJOURNMENT 10:00 PM Next meeting: Monday, December 10, 2007; 7:00 pm Medina City Council November 26, 2007 Page 2 of 2 ITEM CA-1 CITY OF MEDINA Office of the City Manager Date: November 19, 2007 TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER SUBJECT: HEARING EXAMINER AGREEMENT RECOMMENDATION It is recommended that the Mayor and Council Members approve the attached agreement for professional Hearing Examiner Services with Ms. Robin Baker (General Fund). BACKGROUND In 2001 the City adopted Chapter 2.78 of the MMC which created the position of Hearing Examiner to provide: a single, efficient, integrated land use regulatory hearing system; a greater degree of due process; a forum to hear other matters as established by City Code; and to separate the land use policy formulation and the land use administration. Ms. Robin Baker has served as the City's Hearing Examiner since the position was created, and has provided services in a satisfactory manner. Ms Baker has never been under contract to the City of Medina, and her hourly fee has not been increased since she began providing services to the City. DISCUSSION The Attached Agreement outlines the scope of work, duties and responsibilities of both parties. The terms of the Agreement are substantially similar to those in force during our present working relationship with the following exceptions; Ms. Baker's hourly rate is increased from $140 to $150, which research indicates is within industry standard range; a provision has been added which penalizes the Hearing Examiner for late decisions (by Code, a written decision shall be rendered within 10 working days of the conclusion of the hearing and close of record); and proof of automobile liability insurance must now be submitted to the City. Either party has a right to terminate this Agreement within 30 days of written notice to the other party. FISCAL IMPACT Ms. Baker currently hears approximately 8-12 cases annually and fees per case average approximately $1,500. Ms. Baker's fees are currently offset by applicant fees which will increase from $1,000 to $1,250, effective January 1, 2008. LEGAL REVIEW This Agreement has been approved as to form by City Attorney, Wayne Tanaka. CA-1 AGREEMENT BETWEEN THE CITY OF MEDINA AND ROBIN BAKER. FOR PROVIDING PROFESSIONAL HEARING EXAMINER SERVICES THIS AGREEMENT is made and entered into this 1 day of N �. 2007 by and between the City of Medina, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Robin Baker., hereinafter referred to as "CONTRACTOR." WHEREAS, Chapter 2.78 of the Medina Municipal Code ( IMC) authorizes the City Council ("Council') to use a hearing examiner system to hear and issue decisions on proposals for plat approval and for amendments to the zoning code when those amendments are not of general applicability and for other land use decisions in that section; and WHEREAS, the CITY Code authorizes the use of a hearing examiner system for various other administrative and quasi judicial decisions; and WHEREAS, the CITY has selected CONTRACTOR on the basis of knowledge, experience and demonstrated skills, and has negotiated appropriate terms; and WHEREAS, CONTRACTOR does now signify a willingness to furnish consulting services to the CITY; Now, Therefore, IN CONSIDERATION of the terms and conditions herein set forth below, the parties agree as follows: 1. Retention of Consultant & Scope o,. f Work. The CITY through the office* of the City Manager hereby retains the CONTRACTOR to provide all professional services and labor listed in Exhibit "A", and incorporated herein. Z. Completion of Work. The CONTRACTOR shall complete all work authorized by this agreement in accordance with the work schedule included in , Exhibit "A", and incorporated herein. Failure to do so, as determined by CITY, except where both parties have agreed to alternate work completion dates, or where such failure is due to circumstances beyond the control of CONTRACTOR, shall be deemed a breach of this agreement. The CITY shall support and assist CONTRACTOR in the prosecution of the duties assigned by: (A) providing CONTRACTOR with access to information, maps, data and other CITY records, (B) providing CONTRACTOR a work space and a meeting space in City Hall, and (C) by authorizing and facilitating an integrated working relationship with all other City staff and consultants. 3. Pavment. Payment to the CONTRACTOR for services rendered under this Agreement shall be as set forth in Exhibit "B" during the agreement period. Payment shall be based upon billings, supported by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month and total dollar payment requested. Unless specifically stated in Exhibit "B", or approved in writing in advance by the City Manager, the City will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this Agreement. The CONTRACTOR shall be entitled to invoice CITY once per month during the term of this agreement for work completed and services rendered. The CITY shall pay all such invoices within thirty (30) days of submittal, unless CITY gives notice that the invoice is in dispute. 4. Ownership of Work Product. Any and all documents, drawings, reports, and other work product produced by CONTRACTOR under this agreement shall become the property of the CITY upon payment of CONTRACTOR'S fees and charges therefore, except any work that is protected by the Intellectual Properties Act. CITY shall have the complete right to use and re -use such work product in any manner deemed appropriate by CITY, provided, that use on any project other than that for which the work product is prepared shall be at the CITY'S risk unless such use is agreed to by CONTRACTOR. 5. Independent Contractor. CONTRACTOR is an independent contractor for the performance of services under this agreement. CITY shall not be liable for, nor obligated to pay to the CONTRACTOR, or any employee of the CONTRACTOR, sick leave, vacation pay, overtime pay, State Industrial Insurance, retirement, or any other benefit applicable to employees of the CITY, nor to pay or deduct any social security, income tax, or other tax from the payments made to the CONTRACTOR which may arise as a consequence of the CONTRACTOR performing services for the CITY. 6. Ins_ urance. The Contractor agrees to carry automobile liability insurance with coverage amounts of at least $250,000 per person and $500,000 per incident, and the carrier shall be obligated to notify the City 20 days prior to any termination of said policy. 7 Records. The CONTRACTOR shall keep all records related to this agreement for a period of three years following completion of the work for which the CONTRACTOR is retained. The CONTRACTOR shall permit any authorized representative of the CITY, and any person authorized by the CITY for audit purposes, to inspect such records at all reasonable times during regular business hours of the CONTRACTOR. Upon request, the CONTRACTOR will provide the CITY with reproducible copies of any such records. The copies will be provided without cost if required to substantiate any billing of the CONTRACTOR, but the CONTRACTOR may charge the CITY for copies requested for any other purpose. S. All notices to be given by either party to the other under this agreement shall be in writing and shall be given in person or by mail to the addresses set forth herein, below. Notice by mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, addressed as provided in this paragraph. Mr. Mark F. Weinberg City of Medina 501 Evergreen Point Road Medina, WA 98039 Ms. Robin Baker 7092 NE Bayhill Road Bainbridge Island WA 98110 7. Project Administrator. The Project Administrator shall be the Community Development Director, who shall be responsible for coordinating the work of the CONTRACTOR, for providing any necessary information for and direction of the CONTRACTOR'S work in order to ensure that it meets the .requirements of the Agreement, and for reviewing, monitoring and approving the quality and quantity of such work. The CONTRACTOR shall report to and take any necessary direction from the Project Administrator. 8. Termination. Both parties to this Agreement reserve the right to terminate this Agreement at any time upon thirty (30) days written notice to the other. Any such notice shall be given to the addresses specified above. In the event that this Agreement is terminated by the CITY other than for fault on the part of the CONTRACTOR, a final payment shall be made to the CONTRACTOR for all services performed. No payment shall be made to the CONTRACTOR for any work completed after thirty (30) days following receipt by the CONTRACTOR of the notice to terminate. In the event that services of the CONTRACTOR are terminated by the CITY for fault on part of the CONTRACTOR, the amount to be paid shall be determined by the CITY with consideration given to the actual costs incurred by the CONTRACTOR in performing the work to the date of termination, the amount of work originally required which would complete it to date of termination, whether that work is in a form or type which is usable to the CITY at the time of termination, the cost of the CITY of employing another firm to complete the work required, and the time which may be required to do so. 9. Non -Discrimination The CONTRACTOR agrees not to discriminate against any person because of race, color, creed, religion, national origin, marital status, sex, age or handicap, except for a bona fide occupational qualification. The CONTRACTOR understands that if it violates this provision, this . Agreement may be terminated by the CITY and that the CONTRACTOR may be barred from performing any services for the CITY now or in the future. 10. Subcontracting or Assignment. The CONTRACTOR may not assign or subcontract any portion of the services to be provided under this Agreement without the express written consent of the CITY. 11. Non -Waiver. Payment for any part of the work or services by the CITY shall not constitute a waiver by the CITY of any remedies of any type it may have against the CONTRACTOR for any breach of the Agreement by the CONTRACTOR, or for failure of the CONTRACTOR to perform work required of it under the agreement by the CITY. Waiver of any right or entitlement under this Agreement by the CITY shall not constitute waiver of any other right or entitlement. 12. Litigation In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties agree that such actions shall be initiated in the Superior Court of the State of Washington, in and for King County. Section 11 shall be used to resolve any dispute prior to either party instituting legal action or proceedings. The parties agree that all questions shall be resolved by application of . Washington law and that parties to such actions shall have the right to appeal from such decisions of the Superior Court in accordance with the law of the State of Washington. The CONTRACTOR hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, in and for King County. The prevailing party in any such litigation shall be entitled to recover its costs, including reasonable attorney's fees, in addition to any other award. 13. Taxes. The CONTRACTOR will be solely responsible for the payment of any and all applicable sales or professional services taxes related to the services provided under this Agreement and if such taxes are required to be passed through to the CITY by law, the same shall be duly itemized on any billings submitted to the CITY by the CONTRACTOR. 14. Ter . The term of this Agreement shall be for a period of thirty-six (36) months, beginning on the date the Agreement is signed by both parties, unless terminated earlier as provided above. Both parties understand and agree that time is of the essence in the services to be provided, in accordance with Section 2.78.080 of the MMC. The term of this agreement may be extended for up to an additional twenty-four (24) mouths by written notification to CONTRACTOR within 90 days of the expiration of this Agreement. 15. Entire AZEMment. This Agreement represents the entire integrated Agreement between the CITY and the CONTRACTOR, superseding all prior negotiations, representations or agreements, written or oral: This Agreement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. AGREED TO AND ACCEPTED THIS 19 ► DAY OF �J DJUAW 2007 BY ��(1Y�'tbcA Robin Baker Contractor ATTEST: Rachel Baker, City Clerk Mark F. Weinberg, City Manager Ehibit `°A" SCOPE OF WORK I. The Contractor agrees to perform the following professional services for the City: (1) Serve as the City of Medina Hearing Examiner. (2) Hear and act as authorized by the Council in conducting hearings pursuant to Medina Municipal Code, ordinance, resolution, and State law (3) Submit to the City Manager a quarterly report summarizing the type and nature of the hearings held during the quarter. (4) Initiate, recommend, and assist with any revisions to the Medina Municipal Code affecting the duties of the Hearing Examiner. The contractor recognizes that ordinances may de adopted during the term of this contract that directly affect the specific duties and responsibilities of the Contractor, and agrees that those specific duties and responsibilities shall control and be automatically incorporated herein.. II. In order to appropriately accomplish the duties specifically in Paragraph I above, it is agreed the Hearing Examiner shall do and provide the following: (1) Transportation to and from public hearings, and to and from the sites to be viewed. (2) View sites when deemed necessary. (3) Office and Office equipment. (4) After signing the Findings of Fact, Conclusions of Law and Decision (as required by law or regulation), the Hearing Examiner shall promptly mail the signed original Decision to the City Clerk along with all exhibits admitted into the record at the public hearing, except those exhibits filed with the City prior to the public hearing. TH. The City, through its departments shall: (1) Furnish a hearing mom, speaking system, stationary and envelopes, tapes and tape recorder, and shall schedule all hearings and set the agenda therefore. (2) Mail and post notice of applications and distribute copies of Decisions to appropriate agencies and interested parties. Exhibit FEESCHEDULE For the performance of Services listed in Exhibit "A", the City agrees to compensate the Contractor at the fate of one hundred forty dollars ($150.00) per hour. Time is of the essence in the performance of Services listed in Exhibit "A". With respect to Section 2.78.080 MMC, when Hearing Examiner's Report of Findings, Conclusions, and Decisions are not forthcoming within 10 business days of the close of the record, the hourly billing rate for all time spent on the delinquent case will be reduced by 3% for each business day the Report is late, unless such delay is due to factors beyond the control of the Hearing Examiner. ITEM CA-2 CITY OF MEDINA Office of the City Manager Date: November 16, 2007 TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER SUBJECT: 2007 MEDINA ELECTION RESULTS RECOMMENDATION Receive and File. BACKGROUND AND DISCUSSION On November 6, 2007 the City of Medina, along with many other cities throughout the state, conducted municipal elections under the auspices of the King County Records, Elections and Licensing Services Division. Council Seats 2, 4 and 6 were at stake, though only seat 2 was contested. Additionally, voters had the opportunity to vote for Proposition, 1, a $26 million bond measure to underground power and other overhead utility lines throughout the City. Below please find a snapshot copied from the King County Elections website page which includes the unofficial elections results as of the end of the business day on the above date. It is unlikely that the final, official results will vary significantly. Ms. Shawn Whitney appears to have been elected to Position 2 on the City Council for a term commencing on January 1, 2008 and extending through December 31, 2011. Proposition 1 failed to achieve the 60% approval required for passage. As reported to the Council and the public in the months leading up to the election, no expenses were incurred by the City in placing Proposition 1 before the voters. Financial advice and Bond Counsel services were provided under agreement that specified fees were to be paid only if the proposed bonds were approved and issued. Preliminary project cost estimates were provided by our own Public Works Director, in consultation, without charge, with prospective project engineers. ITEM CA-2 Unofficial Cumulative KING COUNTY 11116120074:07:51 PM General Election November 6, 2007 Page 13 of 45 CITIES CITY OF MEDINA Ballots Cast/Registered Voters: 1337/ 2106 63.49% Poll Precincts Counted/Total Poll Precincts: 6/ 6 100.00% City of Medina Council Position No. 2 Pete Vall-Spinosa NP 559 44.19% Shawn B. Whitney NP 700 55.34% Write-in 6 0.47% City of Medina Council Position No. 4 Mark L. Nelson NP 957 95.80% Write-in 42 4.20% City of Medina Council Position No. 6 Bret Jordan NP 947 96.83% Write-in 31 3.17% Proposition No. 1 - Undergrounding of Utilities General Obligation Bonds - $26,000,000 APPROVED 650 50.43% REJECTED 639 49.57% ITEM PH-1 CITY OF MEDINA ORDINANCE NO. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON RELATING TO HEARING EXAMINER AUTHORITY FOR SPECIAL USE PERMITS FOR SCHOOLS; AMENDING CHAPTER 17.56 OF THE MEDINA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, chapter 17.56 of the Medina Municipal Code currently provides that the City Council review applications and hold hearings relating to special use permits for schools; and WHEREAS, the City previously established a hearing examiner system under chapter 2.78 of the Medina Municipal Code for several reasons, including to provide a forum for hearing matters as established by City Code; and WHEREAS, the City Council desires to provide the hearing examiner the authority to review and approve applications relating to special use permits for schools in order to increase efficiencies and streamline the land use process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 17.56 MMC, Conditional and Special Use Permits, Amended. Sections 17.56.020, 17.56.052 (first paragraph only) and 17.56.054 of the Medina Municipal Code are hereby amended to read as follows: 17.56.020 Application - Information. A. All applications for conditional or special use permits shall be submitted to the hearing examiner unless the application is eligible for administrative review per MMC 14.08.020(B)-or application shall be heaFd by rtFi� pity GOUGi. All urr—v�—rn..znv--�J� �any— applications shall be made using the city's form and include the following information: 1. Street address and legal description of the property upon which the proposed facility is to be located; Ordinance No. ITEM PH-1 2. Location of proposed facility on said property and upon all adjacent property; 3. A sketch of the proposed facility showing plans, elevations, lighting, screening, access parking, fencing, landscaping and all other relevant information. B. Applicants shall provide all additional pertinent information requested by the hearing examiner or by the city manager or designee in the case of administrative review or by the y 17.56.052 Special use criteria for schools. No structure shall be constructed or installed for a use as a school or for a use that is accessory to a school unless the s+ty GG, sifhearing examiner finds that the proposed facilities meet the following special use criteria: 17.56.054 Variances for schools. Variances from any zoning regulations or special use criteria pertaining to schools shall be submitted to the Goy GOURGilhearing examiner. At the election of the applicant, variance requests may be combined with an application for a special use permit and considered at the same public hearing. The seYRG+J—hearing examiner shall use the same criteria in deciding whether to grant variances as are set forth in the zoning code for general land use variances. SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance SECTION 3. Effective Date. This ordinance shall be forwarded to the Department of Community, Trade and Economic Development ("CTED") in compliance with the requirement for 60-day review prior to its effective date, and shall be in full force and effect when both of the following are satisfied: expiration of the 60-day period for CTED review and five (5) days after passage and publication of this ordinance. Ordinance No. 2 ITEM PH-1 PASSED BY THE CITY COUNCIL ON THIS DAY OF AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON 2007. Approved as to form: Wayne D. Tanaka, City Attorney Passed: Published: Eff Date: Ordinance No. 3 THE Miles R. Adam, Mayor Attest: Rachel Baker, City Clerk _, 2007 DAY OF ITEM PH-1 SUMMARY OF ORDINANCE NO _ of the City of Medina, Washington On , 2007, the City Council of the City of Medina, Washington, approved Ordinance No. , the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON RELATING TO HEARING EXAMINER AUTHORITY FOR SPECIAL USE PERMITS FOR SCHOOLS; AMENDING CHAPTER 17.56 OF THE MEDINA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of , 2007. Rachel Baker, City Clerk Ordinance No. 4 ITEM CIA CITY OF MEDINA City Council November 26, 2007 TO: MAYOR AND COUNCIL MEMBERS FROM: COUNCIL MEMBER DREW BLAZEY RE: NOISE NUISANCE REGULATION Soon after the leaf blower was introduced into the U.S., its use was banned in two California cities, Carmel -by -the -Sea in 1975 and Beverly Hills in 1978, as a noise nuisance. There are currently twenty California cities that have banned leaf blowers, sometimes only within residential neighborhoods and usually targeting gasoline - powered equipment. Another 80 cities have ordinances on the books restricting either usage or noise level or both. Other cities have discussed and rejected leaf blower bans. Nationwide, two states, Arizona and New Jersey, have considered laws at the state level, and five other states have at least one city with a leaf blower ordinance. FREDERICK D. VOORHEES 3430 Evergreen Point Road Medina, Washington 98039 (425) 454-1771 August 20, 2007 Robert Rudolph, Mayor CITY OF MEDINA P.O. Box 144 Medina, WA 98039 Dear Bob: Re our recent telephone conversation, I'm sorry I will likely be unable to attend the September loth council meeting to present my case re leaf blowers and assorted other noise and air polluters. Accordingly, I am prompted to write this third letter in the hope that it will bear fruit by not being lost in the shuffle at city hall, as was apparently the case with the prior letters. I am also hopeful that that fruit will manifest itself in the form of either enforcement of exiting ordinances which cover offensive noise, or the passage of new ordinances that will mitigate the sound pollution emanating from gasoline powered lawn tools, particularly when multiple tools are being run simultaneously. The council should note the fact that, as confirmed by consulting Google, Houston, Toronto, Westchester County and Larchmont NY; and Mansfield, OH ban the use of leaf blowers as does Greenwich, CT, between May and September. As to air pollution/climate change, again from Google, hydro- carbon emissions from lawn tools are as high as a 1968 six cylinder automobile. Fortunately, technology exists to reduce those emissions by as much as 95%. With its emphasis on quality of life, the council will concur that it's time to read its mail and move on this on -going blight. Sincerely, FREDERl CK D. VOORHEES 3430 Evergreen Point Road Medina, Washington 98039 (425) 454-1771 January 7, 2007 City Council CITY OF MEDiNA D.O. ^v- 1 A4 i 'j �) Medina. WA 98039 D V Subject: Noise Abatement Dear Council Members: On February 23 of last year I wrote to you concerning noise abatement relative to leaf blowers and lawn mowers. For your convenience, I enclose a copy of that letter. Since I did not receive any acknowledgement from the city staff or read or hear of any council discussion concerning the issue, I have to assume that either last year's letter went astray or the council or city staff determined that the matter was not sufficiently important to consider. In any event, those of us who have neighbors with landscaping that requires immaculate maintenance are now, more than ever, being unnecessarily assaulted, by the noise of these unregulated machines. I cannot believe that I and my family are the only ones to resent our erstwhile quiet neighborhood being so unnecessarily annoyed. If the city staff and council feels this to be an unjustifiable complaint, let me refer you to the enclosed copy of page 86 of the January 1, 2007 issue of U.S. NEWS & WORLD REPORT which article pretty well establishes that not only do other residential communities recognize the problem, they have taken positive action to mitigate it; even to banning the machines completely. For a city that honors the environment as Medina's building code does, and not face up to the reality of the issue, demonstrates a lack of civic leadership. Sorry, fellas, but that seems to be the way it has to be viewed. February 23, 2006 City Council CITY OF MEDIl`. A P.O. Box 144 Medina, WA 98039 Ref: Noise Abatement Gentlemen & Ladies: GG/ With the coming of spring, I am prompted to suggest that perhaps it's time to consider the review of the City's noise ordinance as it applies to leaf blowers and lawn mowers. Several days a week, even during the winter months, one can- not avoid the high-pitched whine of leaf blowers. In one case, it seems that every leaf that falls is just cause to immediately rally a battalion of men armed with blowers. They then assault the miscreant, ultimately subduing it along the edge of the property from whence it soon re-emerges with the next gust of wind to again challenge perfection and remobilize the troops.. I am not opposed to the use of machines as such, but I am in favor of taking advantage of the benefits accruing from cost effective technology, in this case sound abatement in the form of mufflers on small gas engines. I note that Medina even requires an acoustical engineer to sign off on the heat pumps. And even more specifically, Medina has expanded on the noise section of the King County code to the effect that a mechanical noise source is prohibited if it disturbs the peace, quiet, repose and comfort of neighbors. Sincerely, ITEM CIA CITY OF MEDINA ORDINANCE NO. AN ORDINANCE OF THE CITY OF MEDINA RELATING TO THE USE OF GAS -POWERED LEAF BLOWERS AND HEDGE TRIMMERS; ADOPTING A NEW CHAPTER 8.08 OF THE MEDINA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, members of the community and members of the City Council have, on behalf of themselves and other individuals, and the City of Medina as a whole, shared concerns regarding detrimental effects on public health, safety and welfare stemming from use of gas -powered leaf blowers and hedge trimmers; and WHEREAS, the Council desires to establish a prohibition on the use of such gas -powered leaf blowers and hedge trimmers within the residential areas of the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Adoption of a New Chanter. A new Chapter 8.08 entitled "Leaf Blowers and Hedge Trimmers" is hereby added to the Medina Municipal Code to read as follows: CHAPTER 8.08 LEAF BLOWERS AND HEDGE TRIMMERS 8.08.010 Title 8.08.020 Purpose and intent. 8.08.030 Definitions. 8.08.040 Prohibition. 8.08.050 Violations - Penalty. 8.08.010 Title. This chapter shall be known as the "City of Medina Leaf Blowers and Hedge Trimmers Ordinance" and may be so cited. {ASB678778.DOC;1100093.900000/} 1 ITEM CIA 8.08.020 Purpose and intent. A. The purpose of this chapter is to regulate the use of leaf blowers and gas -powered hedge trimmers within the City, so as to prevent the unreasonable and continuous disruption of the community due to leaf blower noise and the device's ability to broadcast dust and other airborne pollutants into the air and onto nearby properties. B. Residential areas are being distinguished from other areas of the City because of the special maintenance needs for commercial and other public areas, and the particular sensitivity of residential uses to the impacts and effects resulting from the use of gas -powered leaf blowers. 8.08.030 Definitions. As used in this chapter the following terms are defined in this section: "Gas -powered Leaf Blowers and Hedge Trimmers" means any leaf blower or hedge trimmer directly powered by all internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Electrically powered leaf blowers and hedge trimmers are not included in this definition. "Residential area" means any parcel of land where the primary use of the property is for residential purposes (such as a single-family residence, duplex, apartment building or other building or other form of residential structure). Street areas, up to the center line of the street, directly in front of properties used for residential and commercial uses shall be considered as a residential area for purposes of this chapter. 8.08.040 Prohibition. A. It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of a gas -powered leaf blower to blow leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces at any time within any residential area. B. It is unlawful for any property owner or employee, agent, or contractor working for a property owner to JASB678778.DOC; 1/00093.900000/1 2 ITEM CIA operate or authorize the operation of a gas -powered hedge trimmer to trim, prune or otherwise maintain landscaping within any residential area. C. It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate an electrically powered (including cordless rechargeable) leaf blower within any residential area except between the hours of 9:00 a.m. and 4:00 p.m. D. It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate any leaf blower within any non-residential area except between the hours of 9:00 a.m. and 4:00 p.m. No use shall be allowed on Saturday, Sunday or on holidays recognized by the City of Medina. Use of City employees for park and public right-of-way maintenance is exempted. 8.08.050 Violation - Penalty. Violation of the provisions of this chapter shall constitute a civil infraction punishable by a fine not to exceed $100.00; provided, that any second or subsequent infraction occurring within a period of 365 days from the date of a prior infraction shall be punishable by a fine not to exceed $500.00. SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2007 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF .2007. Approved as to form: City Attorney {ASB678778.DOC;1 /00093.90000011 3 Miles Adam, Mayor Attest: Rachel Baker, City Clerk ITEM CIA SUMMARY OF ORDINANCE NO _ of the City of Medina, Washington On , 2007, the City Council of the City of Medina, Washington, approved Ordinance No. , the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF MEDINA RELATING TO THE USE OF GAS -POWERED LEAF BLOWERS AND HEDGE TRIMMERS; ADOPTING A NEW CHAPTER 8.08 OF THE MEDINA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of Rachel Baker, City Clerk tASB678778.DOC;1 /00093.900000/) 4 2007. ITEM CM-1 2007 CITY COUNCIL AGENDA CALENDAR 2008 CITY COUNCIL AGENDA CALENDAR DESCRIPTION STATUS 11/26/2007 12/10/2007 1/14/2008 1/28/2008 * 2111/2008 DESCRIPTION ADOPTED 2007 FEE SCHEDULE RES#321 Discussion - 2008 LEGISLATIVE ACTION PLAN 2008 COUNCIL/STUDY SESSION 2007 LEGISLATIVE ACTION PLAN APPROVED 1/22 Discussion Action SCHEDULE 2007 PLANNING COMMISSION WORK PLAN APPROVED 3/12 Action ADVISORY APPOINTMENT (PC) ADOPTED ADVISORY APPOINTMENT 2007 STUDY SESSION SCHEDULE RES#322 Discussion PROCEDURES ADOPTED 2008 BUDGET ORD#819 Discussion COUNCIL COMMUNICATIONS ADOPTED 2008 FEE SCHEDULE RES#331 Discussion COUNCIL RETREAT ADOPTED ELECTION OF MAYOR & 2008 PROPERTY TAX LEVY ORD#818 Action DEPUTY MAYOR 84' AVE NE POPLAR TREE Prelim FY 2007 YEAR-END FINANCIAL REMOVAL CONTRACT APPROVED 3/12 Discussion REPORT COMPLETED ADVISORY APPOINTMENT(PB) 11/13 ADVISORY APPOINTMENT (PC) ICOMPLETED 9/10 ADVISORY APPOINTMENT PROCEDURES postponLd ADVISORY APPOINTMENTS (CSC, PB, PC) COMPLETED 6/11 ALLIED WASTE FRANCHISE AGREEMENT pending Discussion ANNUAL RETREAT DATE ARCH BUDGET & WORK PLAN APPROVED 3/12 BUDGET AMENDMENT-84th AVE NE TREE REMOVAL & ADOPTED REPLACEMENT ORD#802 BUDGET AMENDMENT -POLICE ADOPTED WAGE DECOMPRESSION ORD#806 BUDGET AMENDMENT - SURVEILLANCE CAMERA CONTRACT & 2006 LABOR CONTRACT COMPENSATION ADOPTED ADJUSTMENTS ORD#812 ADOPTED BUILDING CODE ADOPTION ORD#808 ADOPTED BUILDING CODE UPDATES ORD#817 ADOPTED BUILDING OFFICIAL POSITION ORD#805 TIP APPROVED CIP/TIP 2008-2013 /11 CITY COUNCIL MEETING AGENDA- ADOPTED MMC CODE UPDATE ORD#809 CITY HALL EMERGENCY CONTRACT GENERATOR AWARDED 5/14 CITY HALL RESTORATION pending CITY MANAGER PERFORMANCE EVALUATION scheduled Exec Session Exec Session CITY OF MEDINA HAZARD ADOPTED MITIGATION PLAN RES#320 ADOPTED CMP PROCESS MODIFICATIONS ORD#800 COMCAST CABLE FRANCHISE ADOPTED AGREEMENT ORD#814 & 815 COUNCIL COMMUNICATIONS pending CRITICAL AREAS ORDINANCE postponed ADOPTED DONATION POLICY ORD#810 ELECTION SIGNS COMPLETED 5/29 EMERGENCY SERVICES REPORT COMPLETED 10/8 ENHANCED PUBLIC SAFETY CONTRACT SYSTEM (Security Cameras) AWARDED EXEMPT STAFF SALARY RANGES[APPROVED 1/22 RESOLUTION FACILITIES PLANNING COMMITTEE FAILED 7/9 FEE SCHEDULE -APPEALS & TREE ADOPTED CODE RES#325 FINANCIAL REPORT-2006 YEAR END APPROVED 2/12 HAZARD MITIGATION PLAN REVIEW APPROVED 9/10 ` Date of second monthly meeting to be determined by Council action 111412008. ITEM CM-1 2007 CITY COUNCIL AGENDA CALENDAR 2008 CITY COUNCIL AGENDA CALENDAR DESCRIPTION JISTATUS 11/26/2007 12/10/2007 1/14/2008 1/28/2008 * 2111/2008 1 DESCRIPTION APPLICATION DENIED 7/23; HISTORICAL USE PERMIT-MEDINA ADOPTED STORE 2007-01 RES#330 10/8 ADOPTED HOLIDAY CLOSURE, 12/24/2007 RES#328 HOMELAND SECURITY SUBGRANT AWARD & BUDGET AMENDMENT APPROVED 9/24 COMPLETED 6/11 KING CO LIBRARY UPDATE & 7/23 LIVING FENCES COMPLETED 5/29 SSIGNED TO PC LOT COVERAGE 11/13 MARINE PATROL ANNUAL REPORT OMPLETED 2/12 NOISE ORDINANCE scheduled Discussion NORCOM 2nd AMENDMENT APPROVED 1/22 NORCOMINTERLOCAL ADOPTED AGREEMENT RES#327 OFFICIAL CITY PAPER, ADOPTED DESIGNATION OF RES#323 ORDINANCE MODIFICATION - ADOPTED HISTORICAL USE PERMIT - ORD#820 ORDINANCE MODIFICATION - Public SPECIAL USE PERMIT - scheduledHearing/Action PASS THROUGH CONSULTANT CHARGES & PERMIT FEE RECONCILIATION RESOLVED 3/12 PITCHED ROOF INCENTIVES COMPLETED 9/10 PROFESSIONAL SERVICES AGREEMENT -INTERIM PLANNING DIRECTOR APPROVED 11/13 PROFESSIONAL SERVICES AGREEMENT AGREEMENT -SALES TAX AUDIT PPROVED 10/8 PROFESSIONAL SERVICES CONTRACT CONTRACT - CITY ARBORIST AWARDED 2/12 PROFESSIONAL SERVICES CONTRACT -BUILDING INSPECTOR APPROVED 7/9 PROFESSIONAL SERVICES CONTRACTS - BUILDING OFFICIAL & BUILDING INSPECTOR tAPPROVED 1/22 PROFESSIONAL SERVICES CONTRACT -SURVEILLANCE CAMERA INFORMATION TECHNOLOGY AGREEMENT APPROVED 8/13 PUBLIC WORKS CONTRACT AWARDS APPROVED 7/9 SPECIAL USE PERMIT TRAFFIC GENERATION ORDINANCE ADOPTED MODIFICATION ORD#803 SPEED LIMIT REDUCTI N-L CAL ACCESS STREETS COMPLETED 7/23 ADOPTED SUBSTANDARD PROPERTIES ORD#807 TASK FORCE/FOCUS GROUPS UPLAND ROAD STREET VACATION DOPTED REQUEST RD#804 UTILITY CONVERSION (ballot ADOPTED measure) ORD#811 UTILITY CONVERSION (committee appointments) COMPLETED7123 VIEW & SUNLIGHT ORDINANCE ADOPTED (MMC repealed) ORD#801 VIEW & SUNLIGHT ORDINANCE ADOPTED (ordinance modification) ORD#816 WINDSTORM UPDATE pending W RIA-8 COMPLETED 3/26 WSDOT PRESENTATION - SR-520 PROJECT COMPLETED 9/24 ` Date of second monthly meeting to be determined by Council action 111412008.