HomeMy WebLinkAbout06-14-2010 - Supplemental Materials.� °'M CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-v agov
TO:
City Council
FROM:
Robert J. Grumbach, AICP
VIA:
Donna Hanson, City Manager
DATE:
June 14, 2010
SUBJECT:
WASHINGTON STATE ENERGY CODE
On Friday, June 11, the State Building Code Council, in response to a letter from the Governor,
voted to delay implementation of the 2009 Washington State Energy Code until October 29,
2010. The State Building Code Council also voted to open regular rulemaking to allow the
possibility of extending the delay through April 1, 2011. As a result of this action, staff is
recommending the ordinance be adopted with the following modifications (strikethrough and
underline represents proposed changes within the ordinance):
20.40.010 State Building code adopted.
All construction activity and construction materials in the city shall be governed by the State
Building Code as adopted in Chapter 96, Laws of 1974, as updated by the State Building Code
Council to include the 2009 editions of the following codes with amendments:
A. International Building Code;
B. ICC/ANSI A117.1-03,
C. Accessible and Usable Buildings and Facilities;
D. International Residential Code;
E. International Mechanical Code;
F. Liquefied Petroleum Gas Code (NFPA 58);
G. National Fuel Gas Code (NFPA 54) for LP Gas;
H. International Fire Code;
I. Uniform Plumbing Code;
;
J. International Existing Buildings Code; and
K. National Electrical Code (NFPA 70).
20.40.015 Washington State Energy Code adopted.
All construction activity and construction materials in the city shall be governed by the 2006
Washington State Energy Code as adopted in Chapter 96, Laws of 1974, as updated by the
State Building Code Council.
REVISED COUNCIL MOTION: MOVE TO APPROVE AN ORDIANANCE REPEALING
CHAPTERS 15.04, 15.08, 15.12, AND 15.16 OF THE MEDINA MUNCIPAL CODE; AND
ADOPTING NEW CHAPTERS RELATED TO THE 2009 UPDATES OF THE STATE BUILDING
CODES AND READOPTING THE 2006 WASHINGTON STATE ENERGY CODE; AND
AMENDING RELATED PROVISONS OF THE MEDINA MUNICIPAL CODE
Part 150 Noise Compatibility Study
Public Involvement Program
2nd Meeting Summary for City of Medina
June 9, 2010
Submitted by: Allyson Jackson, 6/10/2010
Meeting location: Cedarview Elementary School
Time: 6:30- 9 pm
Attendees: Approximately 120 citizens
Representatives from: SeaTac, FAA and Landrum and Brown
Stated Meeting Purpose: Details can be found at: http://www.airportsites.net/SEA-Part150/meetings.htm
• Gather public input on the meeting format and how it can be improved
• Gather public input on ways to reduce noise
• Review noise data that has been collected so far and gather public input on additional data that should be included
in the study
Summary:
In the next few weeks, the Part 150 team will complete their compilation of public input data and summarize the
overriding themes.
The first 2 break out sessions focused on the concerns of sleep interruption, general peace and quiet, the inability to open
windows in the summer, ground noise from engine run ups and "new" noise from the 3rd runway. The Part 150 team is in
the process of establishing noise metrics for each of these. Examples of actions that the Part 150 can consider to remedy
these problems are building hush houses for ground noise, changing the Fly Quiet Program to decrease nighttime noise and
flights during sensitive times and developing a clearly defined plan for the use of the 3rd runway and modeling the noise
impacts from that.
The 3rd session was a tutorial on understanding the FAA Integrated Noise Modeling process, how single event noise and
average noise are calculated and modeled and how this data will be presented to the public once the modeling has been
completed. The Part 150 team was looking for input from the public on what additional noise data would be helpful and
should it be presented in additional formats.
During these breakout sessions, I requested that the Part 150 include:
• A review of flight tracks to determine whether the Four Post Plan is being complied with and if not, that an action
plan be implemented to adjust flight tracks to comply with the Four Post plan.
• A determination of why nighttime compliance to current noise abatement corridors is worse than daytime
compliance and that an action plan be implemented to improve nighttime compliance.
• A review of the impact that the use of the third runway will have on flight tracks after the planes leave the airport.
Ie. Will departure and arrival corridors be impacted?
• Changes to the Fly Quiet Program and curfew hours so that fewer planes fly over residential neighborhoods in the
early morning hours and during the night.
Other suggestions from the audience that are relevant to Medina:
• Use new gps systems to route more flights out the Duwamish Industrial Corridor instead of over residential areas.
Observation:
These public focus meetings utilize a highly structured format and are focused around very specific questions developed by
the Part 150 team. It allows the Port to set the priorities and gather the information they want without opening the forum
up to what the public wants to discuss. Therefore it is challenging for the public to influence the process and many in the
audience are frustrated.
What's next:
The Part 150 team will publish their summary of public input themes and action items in the next few weeks. I plan to
review this document to determine whether Medina's interests are included.
Recommendations for the City:
• Continue the dialogue with the Port focusing on compliance with the Four Post Plan on arrivals and departures
with the goal of having this issue included in the scope of the Part 150 study.
6/14/2010 Part 150 Study Public Meeting 1 Summary page 1 of 2
Part 150 Noise Compatibility Study
City of Medina Update
June 141h, 2010
Presented by Allyson Jackson
Brief Review of Part 150 Process:
• Structure and Organization
• Timeline
• Port's goals for the study
o To address noise issues related to the third runway;
o To conduct the process in an open and engaging way; and
o To look for opportunities that have not been thought of versus re -visiting old issues.
o This study will identify existing and future flight corridors, develop aircraft noise exposure maps for
current and future conditions, evaluate air traffic control procedures that could be implemented to reduce
noise exposure over residential areas, consider land use controls that could be established to reduce
future incompatible land uses from being developed within high noise areas, and evaluate means to
mitigate noise impacts within high noise exposure areas.
Relevent historical information:
• Brief discussion of evolution of east turn
• Four Post Plan
Medina's concerns:
• Continued non compliance on arrivals (especially for nighttime flights)
• Number of departures over Medina that should be over open water corridor
• Late night, early morning departures especially on weekends
• More flights routed over Duwamish Industrial Corridor
Actions to date:
• Presenting City of Medina's concerns to the Port and requesting that our issues be included in the scope of the Part
150 process.
o At the public focus meetings
o In letter format from the City Council
o Directly to the Port staff
• Working directly with the Port on non-compliance of arriving flights
o Port has agreed to send quarterly non-compliance reports to the City Manager
o Recommend that the City reviews these reports on a semi annual basis to ensure that non-compliance
does not worsen
o Continuing dialogue to determine how compliance can be improved
6/14/2010 Part 150 Study Public Meeting 1 Summary page 1 of 1
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) w r.medina-wa.g
June 11, 2009
Mr. Alexander P. Gamota
American Tower Corporation
10 Presidential Way
Woburn, MA 01801
Re: Application for Telecommunications Franchise —
Letter Tolling Agreement — Review and Approval
Applicant - ATC Outdoor DAS, LLC
Dear Applicant:
The purpose of this letter agreement (the "Letter Agreement') is to provide for tolling of the 120
day review period set forth in state law (RCW 35.99.030). Any such tolling will be subject to the
terms and conditions of this letter agreement and effective upon receipt by the City of this letter
agreement fully executed by the applicant and will replace and supersede any prior tolling
agreement related to the same application.
On February 2, 2010, the Applicant applied to the City of Medina for a telecommunications
franchise. Since then, the Applicant and City representatives have commenced negotiations for
the grant of the same. The City is currently in the process of amending provisions of the City
Code that may impact the facilities that would be located in the right-of-way under the franchise.
Further, the applicant and the City have not yet reach mutual agreement upon the terms and
conditions of the franchise agreement. As a result, it would be beneficial to the applicant and the
City to agree to toll the 120 day review period in accordance with this agreement to allow
additional time to complete the code amendment process and negotiate the franchise
agreement.
Based upon the foregoing, applicant agrees to tolling of the 120 day review period, as evidence
by the signature of applicant's representative below, subject to the following requirements:
1. Applicant and the City will, during this tolling period, continue good faith negotiations upon
terms and conditions of a telecommunications franchise to be presented to the Medina
City Council for its approval, rejection or modification; and
2. Either Party may terminate this Letter Agreement with or without cause by given notice in
writing to the other party of its intent to terminate, which termination shall not be effective
less than ten (10) calendar days after receipt of said notice. Receipt, for purposes of this
Letter Agreement, shall mean three days after placing said notice of termination in the
United States Mail in a properly addressed envelope with postage pre -paid, or upon
delivery in person.
Yours truly,
9
Robert Grumbach, AICP
Director of Development Services
City of Medina
Accepted and agreed to by Applicant on this day of , 2010.
ATC Outdoor DAS, LLC:
Print Name:
Title:
Mailing Address: Mr. Alexander P. Gamota
American Tower Corporation
10 Presidential Way
Woburn, MA 01801
RCW 46.61.205
Vehicle entering highway from private road or driveway.
The driver of a vehicle about to enter or cross a highway from a private road or
driveway shall yield the right-of-way to all vehicles lawfully approaching on said
highway.
Medina Municipal Code
12.32.050 Removal conditions.
Any structure or artificial thing lawfully placed in or on a public right-of-way shall be removed, upon
written request of the city. Grounds for removal include but are not limited to:
A. Location or relocation of streets, sidewalks, utilities or other improvements;
B. Interference with public use of the right -of- way;
C. Failure to maintain.
The owner of the real property adjoining a right- of -way shall remove any prohibited structure or
object, installed after November 13, 2000, from the right-of-way within 10 days of mailing of notice
from the city to do so. If the property owner fails to remove said structure or object, the city may
remove it at the expense of the property owner. The city may file a lien against the property to recover
all costs incurred and enforce said lien in the same manner as enforcement of a mechanics lien. (Ord.
687 § 2, 2000; Ord. 541 § 5, 1991)
17.76.010
Fences and walls — General. Fences and walls — Height. Fences and walls — Height exception.
Limitations. Fences and walls — Appearance. Bulkheads. Permits.
Fences and walls — General.
A. Fences and walls may be located in a setback area provided they do not exceed the maximum
height requirements set forth in MMC 17.76.020.
B. Fences and walls shall be located entirely within the property lines 'of the lot, unless both property
owners agree the wall or fence may be placed on a common property line.
C. The property owner has the responsibility to ensure that all fences and/or walls are placed within
the owner's property boundaries.
D. All lighting shall be subject to the appropri- ate height restrictions.
E. Where a permit is required pursuant to MMC 17.76.070, the city may require the property
owner to obtain a survey of the property boundaries when:
1. The fence or wall is adjacent to a public right-of-way; or
2. It is not clear the proposed fence or wall is located entirely on the site. (Ord. 834 § 2, 2008)
Deadly sight
obstructions,
entering NE loth St
from 8422
Brick wall
Brick pillar
Several hedges
trimmed to 3'
Mylroie Property: 8416 NE loth St.
Timeline
June 2001:
• First letter to City Manager Doug Schultz
• No action taken
October 2006:
• Medina child permanently injured in right-of-way accident
• Second letter to City Manager Doug Schultz
• No action taken
December 2008:
• Third letter to City Manager Donna Hanson
• No action taken
March 2009
• We request a response to Dec 2008 letter
• Reply received from Ms. Hanson
• Meet with Joe Willis and Robert Grumbach at site
• We provide survey to show the impacted area is clearly in the City's Right of
Way
• Joe Willis states the relocation of the power pole will be at the expense of the
customer
• Joe Willis send letters to Kenyon property/8420 NE 10th St and Mylroie
Property/8416 NE 10th St of
• Mylroie allows a section of the hedge cut down to 3ft.
• Kenyon relocates mailboxes, but no action on the brick pillar/wall
• We send email reply to Joe Willis about brick will, no response received
June 2010
• No response or action taken on removing the brick pillar/wall
• We are seeking assistance from the Medina City Council
Email from Dec 2008-April-2009
Subject: Right-of-way obstructions
Date: Thu, 11 Dec 2008 14:11:45 -0800
From: jwillis@medina-wa.gov
To: lisa_arata@hotmail.com
Lisa, I received a copy of your letter to Donna Hanson and am currently looking into the issue
including researching City files as to how the wall was placed in front of 8420 NE 10t" I will
contact PSE to discuss the location of the power pole and as soon as I have more information, I
will be contacting you.
From: Lisa Arata [mailto:lisa arata@hotmail.com]
Sent: Monday, March 02, 2609 1:32 PM
To: Joe Willis
Cc: Donna Hanson; Robert Grumbach; Jim Arata; lisa_arata@hotmail.com; Mark Nelson
Subject: RE: Right-of-way obstructions
Mr. Willis, Ms. Hanson and Mr. Grumbach,
We are still patiently waiting for a response to our request for action on this dangerous
situation. It is a huge liability to the city, should there be an accident. With every passing week
our son's 15 and 16 year old friends traverse their vehicles across the City's blind right of way,
which is blocked by vegetation, a power pole, mail boxes and an illegally erected brick wall --
-creating an incredibly hazardous condition. This is why we have laws restricting obstructions
in the City's Right of Way. It's only a matter of time before a tragic accident (again) happens in
Medina . The city is exposed and no one seems to care, other than Police Chief Chen. At the
very least, you owe us the common courtesy of a response. It has been three months since our
last request and nine years since we started asking that the Right of Way is cleared in
compliance with Medina Municipal Code.
Jim and Lisa Arata
Subject: RE: Right-of-way obstructions
Date: Tue, 3 Mar 2009 13:33:06 -0800
From: dhanson@medina-wa.gov
To: lisa_arata@hotmaii.com; jwillis@medina-wa.gov
CC: rrumbach@medina-wa.gov; jamesarata@yahoo.com; mnelson@medina-wa.gov
Lisa, I met with Joe Willis and Robert Grumbach this morning and reviewed your letters from
2001, 2006 and 2008. We discussed the research they have done and Joe will be calling you
today to set up an appointment on your property to discuss options.
From: Lisa Arata <lisa_arata@hotmail.com>
Subject: RE: Right-of-way obstructions
To: dhanson@medina-wa.gov, jwillis@medina-wa.gov
Cc: rgrumbach@medina-wa.gov, "Jim Arata" <jamesarata@yahoo.com>, mnelson@medina-
wa.gov
Date: Wednesday, March 4, 2009, 7:22 AM
Thank you for your quick response to our email. We are meeting Joe Willis at 1 pm Thursday,
March 5th at the end of our driveway. -Jim and Lisa Arata
From: james arata [mailto:jamesarata@yahoo.com]
Sent: Thursday, March 05, 2009 3:06 PM
To: Donna Hanson; Joe Willis; Lisa Arata
Cc: Robert Grumbach; Mark Nelson
Subject: RE: Right-of-way obstructions
Gents,
Thank you for meeting us at out home today. I have located our property boundary and
topographic survey from Roth Hill dated 12-18-2000. The survey clearly shows that all of the
obstructions and vegetation are in the City's right of way. I have a copy I can deliver to you if you
wish.
Thanks, Jim.
From: Joe Willis <jwillis@medina-wa.gov>
Subject: RE: Right-of-way obstructions
To: jamesarata@yahoo.com
Cc: dhanson@medina-wa.gov, rgrumbach@medina-wa.gov
Date: Monday, March 16, 2009, 3:07 PM
Mr. Arata, I have notified Mr. Mylroie and requested the trimming of the evergreen hedge next to
your driveway. He has indicated they he will do so. You stated that the Kenyon's will reduce the
height of their brick wall next to your driveway so I assume that I do not need to write them a
letter requesting it. PSE has looked at the power pole and moving the pole is involved. There are
three underground services that will also need relocation, the fir tree will need trimming, and the
pole will need modification, both Comcast and Qwest are on the pole and have overhead and
underground service lines that will need relocation as well. They estimate the cost upwards of
$10k to move it and would be looking to you to foot the bill.
From: james arata [mailto:jamesarata@yahoo.com]
Sent: Sunday, March 22, 2009 7:45 AM
To: Joe Willis
Cc: Donna Hanson; Robert Grumbach
Subject: RE: Right-of-way obstructions
Mr. Willis,
I received your letter today and the copies of the letters you sent to our neighbors to the east and
west. These letters basically confirmed the same positions that we had both taken since our last
e-mail exchange.
I would still like to know what the City's insurer's position is concerning this problem.
I appreciate the attention you have taken to date on this issue. I understand that it is
complicated but I am sure we can come to a safe adjudication of the problem if we work together
at solving it.
I also need to point out that this is a safety issue only. I invite and encourage anybody with the
City of Medina to make an attempt to leave my property safely. It cannot be done.
I think I need to make some clarifications on certain points as we move along here.
The power pole is not the primary problem with the obstructions. The pole is a major problem but
one that we have some room to work with. The pole itself causes about a 50% obstruction to the
east. With some jockeying of the car 1 believe that we might be able to see to the east once the
wall is removed from the sight line.
Currently, I cannot see to the east when leaving my driveway until the front of my car is out on
10th Street. We have near misses with west bound traffic weekly. Cars are traveling at
approximately 30 miles an hour when the front end of my cars, or my friend's cars, enter and
completely cover the west bound lane. There is no way for the east bound vehicles to see the
threat coming. There is no way to leave my property without actually being in the street to see
the on coming cars. Obviously, this is not a situation that can be allowed to continue.
The wall, that you point out as on the Kenyon's property, blocks the east view 100%. The wall
issue is not one between the Arata's and the Kenyon's but an issue between the Kenyon's and
the City of Medina.
The wall is on property that you control, not the Kenyon's.
The Kenyon's have listed their home for sale this week. They are no longer cooperating with any
subject regarding the wall obstruction. I think it important to remind you, the wall is on city
controlled property not the Kenyon's property.
Our position is that the 100% removal of that wall (on city property) will remove a great portion of
the obstruction to our ability to safely leave our property.
The wall is in violation of City of Medina codes. In my view, the code provides the city with the
ability to order its removal or demolish the section that is on the city property, as it is situated on
your right of way. The demolition could be conducted at no cost by the city employee's assigned
to the pubic works department.
Any proposed solution that does not include the removal of the wall on the city property is not a
solution, in my view, and would not be acceptable to me.
I believe that the cutting of the shrubbery on the City of Medina property to our west to 36 inches
will completely solve the problem with the sight lines to the west. I appreciate your efforts with
that neighbor.
Respectfully, Jim
From: Joe Willis <jwillis@medina-wa.gov>
Subject: RE: Right-of-way obstructions
To: "james arata" <jamesarata@yahoo.com>
Cc: "Donna Hanson" <dhanson@medina-wa.gov>, "Robert Grumbach" <rgrumbach@medina-
wa.gov>, "Wayne D. Tanaka" <wtanaka@omwlaw.com>
Date: Monday, March 23, 2009, 8:08 AM
Mr. Arata, as you note from the letters sent last week, I am working on your behalf to improve
your driveway sight -line issue. I have also notified our insurance authroity but have not received a
response yet. I also observed that the mail boxes on the east side of your driveway were
relocated last week. I do not know who was responsible, but I appreciate the fast response
f=rorn: james arata (jamesarata@yahoo.com)
Sent: Wed 4/01/09 3:23 PM
3 c.: Joe Willis Qwillis@medina-wa.gov)
_'C. Donna Hanson (dhanson@medina-wa.gov); Robert Grumbach (rgrumbach@medina-wa.gov);
Wayne D. Tanaka (wtanaka@omwlaw.com)
Mr. Willis,
Today I received a copy of a letter that was sent to you by Mr. Jon Kenyon dated the 29th of
March. Mr. Kenyon raises several issues in his response that deserve clarifications from me.
Mr. Kenyon makes a claim that there was no contact between our families following a formal
meeting we all had at his home several months ago. Jon makes further claims that he was never
contacted again after that meeting.
These points are not entirely true not that any of that really matters. There have been many
conversations and a -mails between our families since that specific date with the obstructions
always being the topic of conversation.
We appreciate the efforts that the Kenyon's made regarding the mailboxes. They put in a lot of
work on the relocation and we are grateful. I should mention that as soon as the mailboxes
moved, a large real estate sign went up in the same spot.
Mr. Kenyon offers to you that we built our home in 2005 so by that thinking we should have
already known that this was a dangerous situation. I believe that he is suggesting that perhaps
we should have thought of that prior to buying the home. I think he may also be suggesting
that we should not have bought a home that was so clearly a danger to get to and from.
There might even be those folks that agree with him on that but that opinion doesn't change the
fact that the Medina/Kenyon wall is a serious hazard and it is illegal.
To keep the record straight 1 think I should also point out that Lisa and I bought our home in
1999, ten years ago, and have been making requests to remedy the obstruction situation since
we moved in. I have saved all of the official requests.
The urgency that exists today is because we have young drivers now and this fact makes the
obstruction situation untenable for us.
I appreciate the ideas of a mirror solution and feel the need to address this suggestion.
The placing of a mirror in the city right of way is in violation of the Medina City code. I cannot
legally build anything in the city right of way. The code guiding these situations is quite clear.
Any harmful actions caused by my illegal actions can make me civilly liable for those actions.
My experience with a mirror in that location was a failure. Keeping the mirror up was a monthly
chore. The mirror must stick out several feet into the traffic lane to see around the brick pillars
and wall on the Medina/ Kenyon property. Whenever it rains, the mirror is obstructed by fog and
water. I believe it rains in Seattle more than 250 days a year.
At night, it is all but impossible to use the mirror as all you can really see are headlights. The
use of a mirror is fine as a supplement but it is also impossible to judge the speed or size of
oncoming vehicles using the mirror. Bicycles and pedestrians are also a problem.
The final result is the same. The Medina/Kenyon wall completely obstructs our view and makes it
impossible to safely access our home. The Medina/Kenyon wall is in violation of the Medina City
code and must be removed.
There is no other legal or safe method to use to solve this problem.
have been waiting for a response back from the city clarifying your position on the wall matter.
The power pole is an altogether different situation that can be dealt with as we go along. I have
not heard back from you since my last e-mail concerning the wall only. I would appreciate a
response specific to the brick wall.
Thanks for your attention.
Jim Arata
Medina Municipal Code
1232.050 Removal conditions.
Any structure or artificial thing lawfully placed in or on a public right-of-way shall be removed, upon
written request of the city. Grounds for removal include but are not limited to:
A. Location or relocation of streets, sidewalks, utilities or other improvements;
B. Interference with public use of the right -of- way;
C. Failure to maintain.
The owner of the real property adjoining a right- of -way shall remove any prohibited structure or
object, installed after November 13, 2000, from the right-of-way within 10 days of mailing of notice
from the city to do so. If the property owner fails to remove said structure or object, the city may
remove it at the expense of the property owner. The city may file a lien against the property to recover
all costs incurred and enforce said lien in the same manner as enforcement of a mechanics lien. (Ord.
687 § 2, 2000; Ord. 541 § 5, 1991)
17.76.010
Fences and walls — General. Fences and walls — Height. Fences and walls — Height exception.
Limitations. Fences and walls — Appearance. Bulkheads. Permits.
Fences and walls — General.
A. Fences and walls may be located in a setback area provided they do not exceed the maximum
height requirements set forth in MMC 17.76.020.
B. Fences and walls shall be located entirely within the property lines of the lot, unless both property
owners agree the wall or fence may be placed on a common property line.
C. The property owner has the responsibility to ensure that all fences and/or walls are placed within
the owner's property boundaries.
D. All lighting shall be subject to the appropri- ate height restrictions.
E. Where a permit is required pursuant to MMC 17.76.070, the city may require the property
owner to obtain a survey of the property boundaries when:
1. The fence or wall is adjacent to a public right-of-way; or
2. It is not clear the proposed fence or wall is located entirely on the site, (Ord. 834 § 2, 2008)
RE: Right-of-way obstructions
From:
Sent:
To:
Cc:
Donna Hanson (dhanson@medina-wa.gov); Robert Grumbach
(rgrumbach@medina-wa.gov); Wayne D. Tanaka (wtanaka@omwiaw.com)
Mr. Willis,
fames arata
Oa m esa rata @ya hoo.co m)
Wed 4/01/09 3:23 PM
Joe Willis
Owillis@ medina-wa.gov)
Today I received a copy of a letter that was sent to you by Mr. Jon Kenyon dated the 29th of March. Mr. Kenyon
raises several issues in his response that deserve clarifications from me.
Mr. Kenyon makes a claim that there was no contact between our families following a formal meeting we all had at his
home several months ago. Jon makes further claims that he was never contacted again after tha -- meeting.
These points are not entirely true not that any of that really matters. There have been many conversations and e-
mails between our families since that specific date with the obstructions always being the topic of conversation.
We appreciate the efforts that the Kenyon's made regarding the mailboxes. They put in a lot of work on the relocation
and we are grateful. I should mention that as soon as the mailboxes moved, a large real estate sign went up in the
same spot.
Mr, Kenyon offers to you that we built our home in 2005 so by that thinking we should have already known that this
was a dangerous situation. I believe that he is suggesting that perhaps we should h,3ve thought of that prior to buying
the home. I think he may also be suggesting that we should not have bought a home that was so clearly a danger to
get to and from.
There might even be those folks that agree with him on that but that opinion doesn't change the fact that the
Medina/Kenyon wall is a serious hazard and it is illegal.
To keep the record straight 1 think I should also point out that Lisa and I bought our home in 19c.',9, ten years ago,
and have been making requests to remedy the obstruction situation since we moved in. T have saved all of the official
requests.
The urgency that exists today is because we have young drivers now and this fact makes the obstruction situation
untenable for us.
I appreciate the ideas of a mirror solution and feel the need to address this suggestion.
The placing of a mirror in the city right of way is in violation of the Medina City code. I cannot legally build anything in
the city right of way. The code guiding these situations is quite clear.
Any harmful actions caused by my illegal actions can make me civilly liable for those actions.
My experience with a mirror in that location was a failure. Keeping the mirror up was a monthly chore. The mirror
must stick out several feet into the traffic lane to see around the brick pillars and wall on the Medina/ Kenyon
property. Whenever it rains, the mirror is obstructed by fog and water. I believe it rains in Seattle more than 250
days a year.
At night, it is all but impossible to use the mirror as all you can really see are head ights. The use of a mirror is fine
as a supplement but it is also impossible to judge the speed or size of oncoming vehicles using the mirror. Bicycles and
Pedestrians are also a problem.
The final result is the same. The Medina/Kenyon wall completely obstructs our view and makes it 'i-npossible to safely
access our home. The Medina/Kenyon wall is in violation of the Medina City code and must be reinoved.
There is no other legal or safe method to use to solve this problem.
I have been waiting for a response back from the city clarifying your position on the wall matter.
The power pole is an altogether differant situation that can be dealt with as we go s long. I have not heard back from
you since my last e-mail concerning the wall only. I would appreciate a response spacific to the brick wall.
Thanks for your attention.
Jim Arata
--- On Mon, 3/23/09, Joe Willis <jwYUs@medina-wa.gov> wrote:
From: Joe Willis <jwillis@medina-wa.gov>
Subject: RE: Right-of-way obstructions
To: "james arata" <jamesarata@yahoocom>
Cc: "Donna Hanson" <dhanson@medina-wa.gov>, "Robert Grumbach" <rgrumbach@medina-wa.goV>,
"Wayne D. Tanaka" <wtanaka@omwlaw.com>
Date: Monday, March 23, 2009, 8:08 AM
Mr. Acat-, �,ls yoti -;0c, frorn the
to
improve your 1*11' r) vevf ay �siqhiL-11r',_, iSzsueI flaive r it bUt
have Poll, sid"'! of
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appreciate U',.e f-,<,,J'
From-, james arata [mailto:jamesarata@yahoo.com]
Sent: Sunday, March 22, 2009 7:45 AM
To: Joe Willis
Cc: Donna Hanson; Robert Grumbach
Subject: RE: Right -cif -way obstructions
Mr. Willis,
I received your letter today and the copies of the letters you sent to our neighbors to the east and west.
These letters basically confirmed the same positions that we had both taken since our last e-mail exchange.
I would still like to know what the City's insurer's position is concerning this problem.
I appreciate the attention you have taken to date on this issue. I understand that it is complicated but I am
sure we can come to a safe adjudication of the problem if we work together at solving it.
I also need to point out that this is a safety issue only. I invite and encourage anybody with the City of
Medina to make an attempt to leave my property safely. It cannot be done.
I think I need to make some clarifications on certain points as we move along here.
The power pole is not the primary problem with the obstructions. The pole is a major problem but one that
we have some room to work with. The pole itself causes about a 50% obstruction to the east. With some
jockying of the car I believe that we might be able to see to the east once the wa 1 is removed from the sight
fine. ,
Currently, I cannot see to the east when leaving my driveway until the front of my car is out or, 10th Street.
We have near misses with west bound traffic weekly. Cars are traveling at appro> imately 30 miles an hour
when the front end of my cars, or my friend's cars, enter and completely cover the west bound !ane. There is
no way for the east bound vehicles to see the threat coming. There is no way to 'leave my prop;-=rty without
actually being in the street to see the on coming cars. Obviously, this is not a situation that can be allowed to
continue.
Thewall, that you point out as on the Kenyon's property, blocks the east view 100%. The wall issue is not
one between the Arata's and the Kenyon's but an issue between the Kenyon's and the City of Medina.
The wall is on property that you control, not the Kenyon's.
The Kenyon's have listed their home for sale this week. They are no longer cooperating with any subject
regarding the wall obstruction. I think it important to remind you, the wall is on city controlled property not
the Kenyon's property.
Our position is that the 100% removal of that wall (on city property) will remove a great portion of the
obstruction to our ability to safely leave our property.
The wall is in violation of City of Medina codes. In my view, the code provides the city with the ability to
order it's removal or demolish the section that is on the city property, as it is situaled on your right of way.
The demolishion could be conducted at no cost by the city employee's assigned to the pubic wo-;-ks
department.
Any proposed solution that does not include the removal of the wall on the city property is not a solution, in
my view, and would not be acceptable to me.
I believe that the cutting of the shrubbery on the City of Medina property to our west to 36 inches will
completely solve the problem with the sight lines to the west. I appreciate your e-forts v,,,ith that neighbor.
Respectfully,
Jim.
--- On Mon, 3116/09, Joe Willis <jwi1Us@)medina-wa.gov> wrote:
From: Joe Willis <jwillis@medina-wa.gov>
Subject: RE: Right-of-way obstructions
To: jamesarata@yahoo.com
Cc: dhanson@medina-wa.gov, rgrumbach@medina-wa.gov
Date: Monday, March 16, 2009, 3:07 PM
Mr. Arata, I have notified Mr. Mylroie and requested the trimming of the evergreen hedge next to
your driveway. He has indicated they he will do so. You stated that the Kenyon's will reduce the
height of their brick wall next to your driveway so I assume that I do not need to write them a letter
requesting it.
PSE has looked at the power pole and moving the pole is involved. There are three underground
services that will also need relocation, the fir tree will need trimming, and the pole will need
modification, both Comcast and Qwest are on the pole and have overhead and underground service
lines that will need relocation as well. They estimate the cost upwards of $10k to move it and would
be looking to you to foot the bill.
From: fames arata [mailto:jamesarata@yahoo.com]
Sent: Thursday, March 05, 2009 3:06 PM
To: Donna Hanson; Joe Willis; Lisa Arata
Cc. Robert Grumbach; Mark Nelson
Subject: RE: Right-of-way obstructions
Gents.
Thank you for meeting its at out home today. lDave Located OLti-pt-OpOrty'L-)()tll,,dat-vacid
topographic Survey from Roth Hill dated 12-18-2000. The survey clearly shows that all of
the obstructions and vegetation are in the City's right of way.
I have a copy I can deliver to you if you wish.
Thanks, Jim.
--- On Wed, 3/4/09. Lisa Arata <Ii-va araIa(q'hottnuiIx"in> wrote'.
From: Lisa Arata <11sa — al-ata@hotmail.com>
Subject: RE: Right-of-way obstructions
To: diianson@i-nedina-N\!a.cyov,iwillis47�,,i-nedina-wa.tyov,
Z_
Cc: rgrumbach@medina-wa.gov, "Jim Arata" <Jamesaratw.&,yahoo.com>_
mnelson(w—,medina-wa,gYov
Date- Wednesday, March 4,2009, 7:22 AM
Thank you. for Your qaIck response to Our email. We are meeting Joe Willis at I prn
Thursday, March 5th at the end Of our driveway.
-Jim and Lisa Arata
Subject: RE- Right-of-way obstructions
Date: Tue, 3 Mar 2009 13-33:06 -0800
From: dhanson@rnedina-wa.gov
@rnedina-wa.gov
lisa—grata @hotmall.com-,J'willis(w—,medina-wa.(Yov
CC- rgrumbacliCwmedina-wagov; jamesarata@iyahoo.com-I mnelsonCqrmedina-
-
wa.gov
W-,,.;.s and --:rt Gru,- bach �ffii
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From. Lisa Arata [mailto:lisa — arata@hotmail.com]
Sent; Monday, March 02, 2009 1:32 PM
To: Joe Willis
Cc: Donna Hanson; Robert Grumbach; Jim Arata, lisa—arata@hotmaii.com; Mark Nelson
Subject: RE: Right-of-way obstructions
Mr. Willis, Ms. Hanson and Mr. Grumbach,
We are still patiently waiting for a response to our request for action on this dangerous
situation. It is a huge liability to the city, should there be an accident. With every
passing week our son's 15 and 16 year old friends traverse their vehicles across t1he
City's blind right of way, which is blocked by vegetation, a power pole, mail boxes
and an illegally erected brick wall ---creating an incredibly hazardous
condition. This is why we have laws restricting obstructions in the City's Right of
Way. It's only a matter of time before a tragic accident (again) happens in Medina
The city is exposed and no one seems to care, other than Police Chief Chen. At the
very least, you owe us the common courtesy of a response. It has bE�en three months
since our last request and nine years since we started asking that thE. Right of Way is
cleared in compliance with Medina Municipal Code.
Jim and Lisa Arata
Subject: Right-of-way obstructions
Date: Thu, 11 Dec 2008 14:11:45 -0800
From: jwillis@medina-wa.gov
To: lisa—arata@hotmaii.com
Lisa, I received a copy of your letter to Donna Hanson and am currently looking into the issue
including researching City files as to how the wall was placed in front of 8420 KE 10th. I will contact
PSE to discuss the location of the power pole and as soon as I have more information, I will I)e
contacting you.
CITY OF MEDINA
501 Evergreen Point Road, Medina, WA 98039
(425) 233-6439 jwillis@medina-wa.gov
James Arata
8422 NE 10th Street
Medina, WA 98039
RE: Sight Obstruction
Dear Mr. Arata:
March 19, 2009
1 am .Writing this letter as follow up to our conversations and a -mails regarding the
limited sight distance for vehicles using your driveway due to a power pole,
mailboxes, Mr. Kenyon's brick wall in front of 8420 NE 10th Street and Mr. Mylroie's
shrubs along the frontage of 8416 NE 10th Street. I have sent letters to Mr. Kenyon
and Mr. Mylroie (enclosed) requesting their attention to their property frontage.
I request that you accomplish the relocation of your mail box, so it will not interfere
with the sight lines for your driveway access.
I am working with Puget Sound Energy (PSE) on the relocation of the power pole
farther away from the street so it will reduce the driveway sight lines impact. That
work will necessitate the pruning of limbs on the large fir tree on Mr. Kenyon's
property to prevent damage to the power lines. According to PSE Municipal Liaison
Manager, Andy Swayne, the cost for the relocation of the pole by tariff regulations
is assessed to the customer. Which means the work will be at your expense.
Should you desire to proceed with the pole relocation, I will get you in contact with
PSE New Customer Construction group to talk further about steps involved to
move the pole.
If you need additional information or have questions, please call me at 425-233-
6439 to start the pole relocation process. Your cooperation is most ost app: eciated.
Sincerely,
s-
e Willis Sr.
Director of Public Works
cc. Donna Hanson, City Manager
Wayne Tanaka, City Attorney
Mr. Kenyon, 8420 NE 10th Street
Andy Swayne, PSE
City Of Medina
Attn: Joe Willis Sr.
Director of Public Works
501 Evergreen Point Road
Medina, WA 98039
March 29, 2009
RE: Sight Obstruction
Dear Mr. Willis:
Please find the following in response to your letter dated March 19'i' 2009 (attached). Some of what James Arata
communicated to you is correct. We have met with Jim and his wife on a couple of di:'ferent occasions during our two
year .ownership of 8420 NE le -
The last formal meeting 1 recall occurred in late fall 2008 where the four of us stood out by the street and the Aratas
shared with us their visibility concerns and suggested remediations including; relocating the mail boxes, trimming back
the hedge/screen and removing the brick pillar/wall. At the time we agreed to execute on both the mailboxes and hedge
trimming as those were both on our list of projects for our home renovation, however we did not agree to remove the
brick pillar/wall but did give them the opportunity to seek an estimate for the cost of doing so. The Aratas indicated that
they.would do this the following week but never again contacted us regarding the matter.
Since that time we have relocated the mailbox stand .(for boxes 8417, 8419, 8420, 8422) and trimmed back the hedge
several feet. Both of these actions were done at our expense. The relocated mailboxes are now 30'-40' further east along
NE UP. A week ago we put our home on the market and are satisfied with the improvements that we have agreed to
pursued to date.
1 would like to suggest a remediation that we have brought up to the Aratas on numerous occasions which is for them to
install a mirror at the end of their drive that provides visibility to oncoming Westbound traffic on NE 10th. As you could
verify many homes along the worth side of NE le (including ours) use mirrors for this same purpose. I'm certain that
this one improvement would be the most cost effective for all parties concerned (Aratas, City of Medina, etc.) and would
cure the visibility issues claimed by the Aratas.
in closing I would like to note that the Aratas built their home in 2005 with the full knowledge of all three claimed
obstructions; the brick pillar/wall (installed in the 70's), the location of the mailbox stand, and the location of the power
pole. They are now pursing very costly changes that in our minds would be corrected simply by pursuing the mirror
concept highlighted above.
Jon Kenyon
i
cc: Donna Hanson, City Manager; Wayne Tanaka, City Attorney; James Arata, 8422 NE 10`Street
CITY OF MEDINA
501 Evergreen Point Road, Medina, WA 98039
(425) 233-6439 jwillis@medina-wa.gov
Jon Kenyon
8420 NE 101h Street
Medina, WA 98039
RE: Sight Obstruction
Dear Mr. Kenyon:
March 19, 2009
i am writing this letter as follow up to Ccn e„rsations with James Arata of 8422 NE
loth Street regarding the driveway abutting on the west side of your property. The
driveway has limited sight distance for vehicle access due to a power pole,
mailboxes, and your brick wall. Mr. Arata says that he has talked with you or your
wife about the corner pillar of your wall and it was indicated to him that you would
lower the piller to the height of the wall extending to the north which was
acceptable to him.
If what you indicated to Mr. Arata is correct, I request that you accomplish the
reduction of the pillar height in the very near future, since the sight distance issue
is a matter of urgency. In addition, I request that the mailboxes be relocated so
they will not interfere with the sight distance for vehicles exiting the driveway.
I am working with Puget Sound Energy on the relocation of the power pole farther
away from the street so it will not interfere with the sight lines. That work will
necessitate the pruning of limbs on the large fir tree on your property to prevent
damage to the power lines. I will keep you informed on the progress of this issue if
you will provide me with your telephone number or e-mail address.
If you need additional information or have questions, please call me at 425-233-
6439. Your cooperation. will. be most appreciated.
Sincerely,
Joe Willis Sr.
Director of Public Works
cc. Donna Hanson, City Manager
Wayne Tanaka, City Attorney
James Arata, 8422 NE 10th Street
CITY OF MEDINA
501 Evergreen Point Road, Medina, WA 98039
(425) 233-6439 jwillis@medina-wa.gov
Vance Mylroie
8416 NE 101h Street
Medina, WA 98039
RE: Sight Obstruction
Dear Mr. Mylroie:
March 19, 2009
7 arr 7 w,:' i i i i i i tt :r a$ f llnvyt �h ±n our c�_;na l .zf nn �r h 1 6th wherein I CeCluested
that you trim your hedge along NE 10th Street to a maximum height of 36-inches
above the surface of the ground. Your neighbor's driveway abutting on the east
side of your property has limited sight distance for vehicle access.
You indicated that you would accomplish the trimming, but failed to inform me of
the timing for it. Since the sight distance issue is a matter of urgency, I request that
you initiate the trimming immediately beginning with the shrubs nearest to the
driveway for 8422 NE 10th Street.
In addition, your mailbox is in front of 8420 NE 10th Street, needs to be moved so
as not to be an obstruction for driver sight distance from the driveway access for
8422 NE 10th Street.
Your cooperation will be most appreciated.
Sincerely,
Joe Willis Sr.
Director of Public Works
cc. Donna Hanson, City Manager
Wayne Tanaka, City Attorney
James Arata, 8422 NE 10th Street
City Manager, Donna Hanson
City of Medina
Medina, WA 98039
RE: 3rd Request /Right of -Way Obstructions
December 3, 2008
Ms. Hanson,
Please see attached correspondences we have sent to the City of Medina regarding dangerous
and potentially deadly sight obstructions in the City's right of wcry.
Since those letters were ignored by previous administrations, we are again pleading for help on
this situation. Several circumstances have since changed. We now we have a teenage driver
(and his friends) in our family, making the situation an even bigger threat and liability to
the City.
We also have new neighbors, Jon and Jennifer Kenyon at 8420 NE 1.Oth and they are willing to
work with us to resolve this threefold problem all built in the city right-of-way:
1. Relocating the power pole
2. Relocating the mailboxes
3. Removing the brick pillars and wall
At this time, the Kenyons have agreed to remove one of the 5' brick pillars. To relocate the
PSE power pole, the City needs to request a "Relocation for Cause" from Puget Sound Energy.
I have talked to their New Construction Dept. (1-888-321-7779) and told they would definitely
work with the city on relocation, especially in a dangerous situation like ours.
I believe this action would come from the City of Medina Public Works Department. We
previously contacted Public Works Directors, Carl Burris and Joe Willis but did not hear back
from them. I left Mr. Willis a message a week ago and have not heard back from him again.
Please read the attached letter that better explains the situation and let us know how and when
this issue can be resolved. We look forward to working with you.
Sincerely,
Jim and Lisa Arata
8422 NE 10th St
Medina, WA 98039
Ph.425-688-9898
1`g2i :�3 if � t'<,�I�+ct)irti11 �.t?3l1 �I17£'��t"�f�t (t t 1i1a t�.Cilitl
CITY OF MEDINA
501 EVERGREEN POINT ROAD •
MEDINA, WASHINGTON 99039
Mr. Joe Willis, Director of Public Works
RE: CC of right-of-way obstruction letter sent to Mr. Schultze
Mr. Willis,
Attached is a packet of documents that we recently submitted (our 2nd request) to City
Manager Doug Schultze regarding obstructions in the public right-of-way. Due to the
departure of Mr- Schultze, we're sending you a copy of the documents as well so this
issue can be addressed as soon as possible. This is a serious safety concern. We invite
you come down our driveway and try to exit it safely, imagining that you are a child
running across the street to play with the neighbors.
Thank you for your consideration with this issue.
Jim and Lisa Arata
8422 NE IOth Street
Medina, WA 98039
425-688-9898
I
rr
City Manager, Doug Schultz
City of Medina
Medina, WA 98039
RE: 2nd Request /Right -of -Way Obstructions
October 15, 2006
Mr. Schultz,
In light of the recent traffic tragedy in Medina, involving the serious and permanent
injury to a young child, we would like to make a second official request of the City of
Medina to revisit the issue of the brick wall built in the Medina City right-of-way
adjacent to our property. This wall was built after the City of Medina issued a permit in
conflict with the city's own laws, rules and regulations. The wall is an obstruction to
vehicle traffic on 10th Avenue and a serious and immediate public safety hazard.
It is our opinion that given the City of Medina's actions, allowing the obstruction to be
built in the right of way, that the city has a legal obligation to assist in it's removal. There
is no doubt that the City of Medina faces serious civil exposure in the event that a traffic
mishap occurs and the obstructions in the right-of-way play a part in the incident.
There is also a city power pole and a bank of mailboxes in the City of Medina right-
of-way. We would request that the City of Medina also assist us in having those
obstructions removed from the right of way as well.
As explained in our previous requests, these structures obstruct SAFE ingress and egress
out of our driveway for both vehicles and pedestrians. There is no safe way to view
westbound traffic on 1 Oth street as our children, their friends, and vehicles enter and exit
our property. The courtyard area of our property is a very popular place for children from
our neighborhood to gather and play. We are concerned that a visiting child, who may
not understand the traffic situation, could exit the driveway in an unsafe manner at the
same time as a vehicle passes. We witness this kind of activity all the time. It would be
nearly impossible for a vehicle to safely see and then adequately avoid a collision with a
child because of the obstructions in the right of way. A tragedy, most likely involving a
child, will surely result of we do not take immediate actions and begin steps to remove
the obstructions from the City of Medina right-of-way.
The permit for the brick wall appears to have been issued by the City of Medina, in error,
some time ago. We would like the city to assist us in having the brick wall, the pole and
the mailboxes removed from the right of way before another tragic event occurs to one of
our city's children. Given that the city issued this permit to the occupants at 8420 NE
10th Street, we believe it is the city's obligation to order the occupant and assist in having
the brick wall and the other obstructions removed.
14
We have made a friendly request of our neighbor in the past and offered our own
assistance in helping to remove the wall. The property owner denied those requests.
In a past conversation with Puget Sound Energy about the power pole, they responded
that if the City of Medina made an official request of them to move the pole, it would be
moved back out of the right-of-way at a minimal cost or no cost at all to any public or
private party.
The mailbox issue can be solved with a simple letter from the City of Medina to the
property owners who have boxes on the structure, ordering them to move the mailboxes
out of the city's right-of-way.
As a side note, the property owner at 8420 NE 1 Oth St. continues to run a thriving
business out of this residential home. This allows for even more traffic coming and going
from her property, where the brick wall is located. The additional traffic adds to the
obstructions on 1 Oth Street. The homeowner maintains a permanent staff of five on this
property. There have been multiple complaints about this business to the City of Medina
over the years. Far too many complaints to have kept an adequate count. The occupant
ignores all orders and continues to illegally run the business out of the residence. Please
see the attached letter from the city and a copy of the business advertisement that shows
her staff and address of her international business. This citizen, having been warned by
the city on countless occasions, does not appear to show any signs of complying with her
neighbor's wishes or her legal obligation in this matter. Warning letters to cease and
desist have been ignored in the past. We would demand that immediate and real actions
be taken by the City of Medina to enforce compliance of the law in this matter.
We are looking forward to working on this issue with you.
Sincerely,
James and Lisa Arata
8422 NE 10th St
Medina, WA 98039
lisa—arata@hotmail.com
jamesarata@yahoo.com
Phone 425-688-9898
CC: JOE WILLIS, Director of Public Works
8422 NE 10th St.
Medina, WA 98039
June 11, 2001
Mr. Doug Schulze, City Manager
Cc: Police Chief Knapp
Re: Safety Issue
City of Medina
501 Evergreen Pt. Road
PO Box 144
Medina, WA 98039
Dear Mr. Schulze,
We would like to inform you of a safety issue that we are working on that involves the City of Medina
right- of -way. At the end of our driveway, 8422 NE 10th, westbound traffic is completely obstructed by
a power pole, bank of mailboxes, vegetation and a brick wall.
All of these obstructions are located within the City of Medina right-of-way. There is no sidewalk or
parking on the north side of the street. On a daily basis, vehicles hurl by at over 30 mph within inches
of our driveway, with no warning to a person or vehicle exiting the driveway. We invite you to come
drive your vehicle out of our driveway to help understand how dangerous this situation is. We
currently have a small mirror that adults can use but can be rendered useless by rain, fog or late
afternoon sunshine. Children are a particular concern. They are unable to use a mirror to safely exit
the driveway. The obstructions preclude oncoming drivers from seeing the children at all. This is by far
our biggest concern. The situation is extremely hazardous to both vehicles and pedestrians. We have
near -misses from westbound traffic on a regular occurrence.
We have taken the preliminary steps of asking PSE, the US Postal service and our neighbor to
voluntarily remove these obstructions from the City right-of-way. If the obstructions are not removed,
this situation will surely end with a tragedy.
The purse of this letter is to inform you of the situation and ask for your support and assistance in
the voluntary removal of all the obstructions by all of the parties involved. Specifically, we are
asking two actions from you:
1. To agree that these obstructions pose a serious safety problem.
2. To provide assistance in the process of having these obstructions removed.
Please contact us and let us know what your position is on this matter as this issue is important to the
safety of my family.
Sincerely,
Mr. & Mrs. Jim Arata
Ph. 425-688-9898
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-waxi
June 11, 2009
Mr. Alexander P. Gamota
American Tower Corporation
10 Presidential Way
Woburn, MA 01801
Re: Application for Telecommunications Franchise —
Letter Tolling Agreement — Review and Approval
Applicant - ATC Outdoor DAS, LLC
Dear Applicant:
The purpose of this letter agreement (the "Letter Agreement") is to provide for tolling of the 120
day review period set forth in state law (RCW 35.99.030). Any such tolling will be subject to the
terms and conditions of this letter agreement and effective upon receipt by the City of this letter
agreement fully executed by the applicant and will replace and supersede any prior tolling
agreement related to the same application.
On February 2, 2010, the Applicant applied to the City of Medina for a telecommunications
franchise. Since then, the Applicant and City representatives have commenced negotiations for
the grant of the same. The City is currently in the process of amending provisions of the City
Code that may impact the facilities that would be located in the right-of-way under the franchise.
Further, the applicant and the City have not yet reach mutual agreement upon the terms and
conditions of the franchise agreement. As a result, it would be beneficial to the applicant and the
City to agree to toll the 120 day review period in accordance with this agreement to allow
additional time to complete the code amendment process and negotiate the franchise
agreement.
Based upon the foregoing, applicant agrees to tolling of the 120 day review period, as evidence
by the signature of applicant's representative below, subject to the following requirements:
1. Applicant and the City will, during this tolling period, continue good faith negotiations upon
terms and conditions of a telecommunications franchise to be presented to the Medina
City Council for its approval, rejection or modification; and
2. Either Party may terminate this Letter Agreement with or without cause by given notice in
writing to the other party of its intent to terminate, which termination shall not be effective
less than ten (10) calendar days after receipt of said notice. Receipt, for purposes of this
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-%va.Aov
TO:
City Council
FROM:
Robert J. Grumbach, AICP
VIA:
Donna Hanson, City Manager
DATE:
June 14, 2010
SUBJECT:
WASHINGTON STATE ENERGY CODE
On Friday, June 11, the State Building Code Council, in response to a letter from the Governor,
voted to delay implementation of the 2009 Washington State Energy Code until October 29,
2010. The State Building Code Council also voted to open regular rulemaking to allow the
possibility of extending the delay through April 1, 2011. As a result of this action, staff is
recommending the ordinance be adopted with the following modifications (strikethrough and
underline represents proposed changes within the ordinance):
20.40.010 State Building code adopted.
All construction activity and construction materials in the city shall be governed by the State
Building Code as adopted in Chapter 96, Laws of 1974, as updated by the State Building Code
Council to include the 2009 editions of the following codes with amendments:
A. International Building Code;
B. ICC/ANSI A117.1-03,
C. Accessible and Usable Buildings and Facilities;
D. International Residential Code;
E. International Mechanical Code;
F. Liquefied Petroleum Gas Code (NFPA 58);
G. National Fuel Gas Code (NFPA 54) for LP Gas;
H. International Fire Code;
I. Uniform Plumbing Code;
;
J. International Existing Buildings Code; and
K. National Electrical Code (NFPA 70).
20.40.015 Washington State Energy Code adopted.
All construction activity and construction materials in the city shall be governed by the 2006
Washington State Energy Code as adopted in Chanter 96, Laws of 1974 as updated by the
State Building Code Council.
REVISED COUNCIL MOTION: MOVE TO APPROVE AN ORDIANANCE REPEALING
CHAPTERS 15.04, 15.08, 15.12, AND 15.16 OF THE MEDINA MUNCIPAL CODE; AND
ADOPTING NEW CHAPTERS RELATED TO THE 2009 UPDATES OF THE STATE BUILDING
CODES AND READOPTING THE 2006 WASHINGTON STATE ENERGY CODE; AND
AMENDING RELATED PROVISONS OF THE MEDINA MUNICIPAL CODE
I
5
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RCW 46.61.20 5
Vehicle entering highway from private road or driveway.
The driver of a vehicle about to enter or cross a highway from a private road or
driveway shall yield the right-of-way to all vehicles lawfully approaching on said
highway.
Medina Municipal Code
12.32.050 Removal conditions.
Any structure or artificial thing lawfully placed in or on a public right-of-way shall be removed, upon
written request of the city. Grounds for removal include but are not limited to:
A. Location or relocation of streets, sidewalks, utilities or other improvements;
B. Interference with public use of the right -of- way;
C. Failure to maintain.
The owner of the real property adjoining a right- of -way shall remove any prohibited structure or
object, installed after November 13, 2000, from the right-of-way within 10 days of mailing of notice
from the city to do so. If the property owner fails to remove said structure or object, the city may
remove it at the expense of the property owner. The city may file a lien against the property to recover
all costs incurred and enforce said lien in the same manner as enforcement of a mechanics lien. (Ord.
687 § 2, 2000; Ord. 541 § 5, 1991)
17.76.010
Fences and walls — General. Fences and walls — Height. Fences and walls — Height exception.
Limitations. Fences and walls — Appearance. Bulkheads. Permits.
Fences and walls — General.
A. Fences and walls may be located in a setback area provided they do not exceed the maximum
height requirements set forth in MMC 17.76.020.
B. Fences and walls shall be located entirely within the property lines of the lot, unless both property
owners agree the wall or fence may be placed on a common property line.
C. The property owner has the responsibility to ensure that all fences and/or walls are placed within
the owner's property boundaries.
D. All lighting shall be subject to the appropri- ate height restrictions.
E. Where a permit is required pursuant to MMC 17.76.070, the city may require the property
owner to obtain a survey of the property boundaries when:
1. The fence or wall is adjacent to a public right-of-way; or
2. It is not clear the proposed fence or wall is located entirely on the site. (Ord. 834 § 2, 2008)
Deadly sight
obstructions,
entering NE 10th St
from 8422
Brick wall
Brick pillar
Several hedges
trimmed to 3'
Mylroie Property: 8416 NE loth St.
Timeline
June 2001:
• First letter to City Manager Doug Schultz
• No action taken
October 2006:
• Medina child permanently injured in right-of-way accident
• Second letter to City Manager Doug Schultz
• No action taken
December 2008:
• Third letter to City Manager Donna Hanson
• No action taken
March 2009
• We request a response to Dec 2008 letter
• Reply received from Ms. Hanson
• Meet with Joe Willis and Robert Grumbach at site
• We provide survey to show the impacted area is clearly in the City's Right of
Way
• Joe Willis states the relocation of the power pole will be at the expense of the
customer
• Joe Willis send letters to Kenyon property/8420 NE 10th St and Mylroie
Property/8416 NE 10�h St of
• Mylroie allows a section of the hedge cut down to 3ft.
• Kenyon relocates mailboxes, but no action on the brick pillar/wall
• We send email reply to Joe Willis about brick will, no response received
June 2010
• No response or action taken on removing the brick pillar/wall
• We are seeking assistance from the Medina City Council
Email from Dec 2008-April-2009
Subject: Right-of-way obstructions
Date: Thu, 11 Dec 2008 14:11:45 -0800
From: jwillis@medina-wa.gov
To: lisa—arata@hotmaii.com
Lisa, I received a copy of your letter to Donna Hanson and am currently looking into the issue
including researching City files as to how the wall was placed in front of 8420 NE 10th. I will
contact PSE to discuss the location of the power pole and as soon as I have more information, 1
will be contacting you.
From: Lisa Arata [mailto:lisa arata@hotmaii.com]
Sent: Monday, March 02, 2609 1:32 PM
To: Joe Willis
Cc: Donna Hanson; Robert Grumbach; Jim Arata; lisa_arata@hotmaii.com; Mark Nelson
Subject: RE: Right-of-way obstructions
Mr. Willis, Ms. Hanson and Mr. Grumbach,
We are still patiently waiting for a response to our request for action on this dangerous
situation. It is a huge liability to the city, should there be an accident. With every passing week
our son's 15 and 16 year old friends traverse their vehicles across the City's blind right of way,
which is blocked by vegetation, a power pole, mail boxes and an illegally erected brick wall --
-creating an incredibly hazardous condition. This is why we have laws restricting obstructions
in the City's Right of Way. It's only a matter of time before a tragic accident (again) happens in
Medina. The city is exposed and no one seems to care, other than Police Chief Chen. At the
very least, you owe us the common courtesy of a response. It has been three months since our
last request and nine years since we started asking that the Right of Way is cleared in
compliance with Medina Municipal Code.
Jim and Lisa Arata
Subject: RE: Right-of-way obstructions
Date: Tue, 3 Mar 2009 13:33:06 -0800
From: dhanson@medina-wa.gov
To: lisa_arata@hotmail.com; jwillis@medina-wa.gov
CC: rrumbach@medina-wa.gov; jamesarata@yahoo.com; mnelson@medina-wa.gov
Lisa, I met with Joe Willis and Robert Grumbach this morning and reviewed your letters from
2001, 2006 and 2008. We discussed the research they have done and Joe will be calling you
today to set up an appointment on your property to discuss options.
From: Lisa Arata <lisa_arata@hotmail.com>
Subject: RE: Right-of-way obstructions
To: dhanson@medina-wa.gov, jwillis@medina-wa.gov
Cc: rgrumbach@medina-wa.gov, "Jim Arata" <jamesarata@yahoo.com>, mnelson@medina-
wa.gov
Date: Wednesday, March 4, 2009, 7:22 AM
Thank you for your quick response to our email. We are meeting Joe Willis at 1 pm Thursday,
March 5th at the end of our driveway. -Jim and Lisa Arata
From: james arata [mailto:jamesarata@yahoo.com]
Sent: Thursday, March 05, 2009 3:06 PM
To: Donna Hanson; Joe Willis; Lisa Arata
Cc: Robert Grumbach; Mark Nelson
Subject: RE: Right-of-way obstructions
Gents,
Thank you for meeting us at out home today. I have located our property boundary and
topographic survey from Roth Hill dated 12-18-2000. The survey clearly shows that all of the
obstructions and vegetation are in the City's right of way. I have a copy 1 can deliver to you if you
wish.
Thanks, Jim.
From: Joe Willis <jwillis@medina-wa.gov>
Subject: RE: Right-of-way obstructions
To: jamesarata@yahoo.com
Cc: dhanson@medina-wa.gov, rgrumbach@medina-wa.gov
Date: Monday, March 16, 2009, 3:07 PM
Mr. Arata, I have notified Mr. Mylroie and requested the trimming of the evergreen hedge next to
your driveway. He has indicated they he will do so. You stated that the Kenyon's will reduce the
height of their brick wall next to your driveway so I assume that I do not need to write them a
letter requesting it. PSE has looked at the power pole and moving the pole is involved. There are
three underground services that will also need relocation, the fir tree will need trimming, and the
pole will need modification, both Comcast and Qwest are on the pole and have overhead and
underground service lines that will need relocation as well. They estimate the cost upwards of
$10k to move it and would be looking to you to foot the bill.
From: james arata [mailto:jamesarata@yahoo.com]
Sent: Sunday, March 22, 2009 7:45 AM
To: Joe Willis
Cc: Donna Hanson; Robert Grumbach
Subject: RE: Right-of-way obstructions
Mr. Willis,
I received your letter today and the copies of the letters you sent to our neighbors to the east and
west. These letters basically confirmed the same positions that we had both taken since our last
e-mail exchange.
would still like to know what the City's insurer's position is concerning this problem.
I appreciate the attention you have taken to date on this issue. 1 understand that it is
complicated but I am sure we can come to a safe adjudication of the problem if we work together
at solving it.
also need to point out that this is a safety issue only. I invite and encourage anybody with the
City of Medina to make an attempt to leave my property safely. It cannot be done.
I think I need to make some clarifications on certain points as we move along here
The power pole is not the primary problem with the obstructions. The pole is a major problem but
one that we have some room to work with. The pole itself causes about a 50% obstruction to the
east. With some jockeying of the car I believe that we might be able to see to the east once the
wall is removed from the sight line.
Currently, I cannot see to the east when leaving my driveway until the front of my car is out on
10th Street. We have near misses with west bound traffic weekly. Cars are traveling at
approximately 30 miles an hour when the front end of my cars, or my friend's cars, enter and
completely cover the west bound lane. There is no way for the east bound vehicles to see the
threat coming. There is no way to leave my property without actually being in the street to see
the on coming cars. Obviously, this is not a situation that can be allowed to continue.
The wall, that you point out as on the Kenyon's property, blocks the east view 100%. The wall
issue is not one between the Arata's and the Kenyon's but an issue between the Kenyon's and
the City of Medina.
The wall is on property that you control, not the Kenyon's.
The Kenyon's have listed their home for sale this week. They are no longer cooperating with any
subject regarding the wall obstruction. I think it important to remind you, the wall is on city
controlled property not the Kenyon's property.
Our position is that the 100% removal of that wall (on city property) will remove a great portion of
the obstruction to our ability to safely leave our property.
The wall is in violation of City of Medina codes. In my view, the code provides the city with the
ability to order its removal or demolish the section that is on the city property, as it is situated on
your right of way. The demolition could be conducted at no cost by the city employee's assigned
to the pubic works department.
Any proposed solution that does not include the removal of the wall on the city property is not a
solution, in my view, and would not be acceptable to me.
I believe that the cutting of the shrubbery on the City of Medina property to our west to 36 inches
will completely solve the problem with the sight lines to the west. I appreciate your efforts with
that neighbor.
Respectfully, Jim
From: Joe Willis <jwillis@medina-wa.gov>
Subject: RE: Right-of-way obstructions
To: "james arata" <jamesarata@yahoo.com>
Cc: "Donna Hanson" <dhanson@medina-wa.gov>, "Robert Grumbach" <rgrumbach@medina-
wa.gov>, "Wayne D. Tanaka" <wtanaka@omwlaw.com>
Date: Monday, March 23, 2009, 8:08 AM
Mr. Arata, as you note from the letters sent last week, I am working on your behalf to improve
your driveway sight -line issue. I have also notified our insurance authroity but have not received a
response yet. I also observed that the mail boxes on the east side of your driveway were
relocated last week. I do not know who was responsible, but I appreciate the fast response
romp james arata (jamesarata@yahoo.com)
Cen;i: Wed 4/01/09 3:23 PM
To: Joe Willis (jwillis@medina-wa.gov)
C Donna Hanson (dhanson@medina-wa.gov); Robert Grumbach (rgrumbach@medina-wa.gov);
Wayne D. Tanaka (wtanaka@omwlaw.com)
Mr. Willis,
Today I received a copy of a letter that was sent to you by Mr. Jon Kenyon dated the 29th of
March. Mr. Kenyon raises several issues in his response that deserve clarifications from me.
Mr. Kenyon makes a claim that there was no contact between our families following a formal
meeting we all had at his home several months ago. Jon makes further claims that he was never
contacted again after that meeting.
These points are not entirely true not that any of that really matters. There have been many
conversations and a -mails between our families since that specific date with the obstructions
always being the topic of conversation.
We appreciate the efforts that the Kenyon's made regarding the mailboxes. They put in a lot of
work on the relocation and we are grateful. I should mention that as soon as the mailboxes
moved, a large real estate sign went up in the same spot.
Mr. Kenyon offers to you that we built our home in 2005 so by that thinking we should have
already known that this was a dangerous situation. I believe that he is suggesting that perhaps
we should have thought of that prior to buying the home. 1 think he may also be suggesting
that we should not have bought a home that was so clearly a danger to get to and from.
There might even be those folks that agree with him on that but that opinion doesn't change the
fact that the Medina/Kenyon wall is a serious hazard and it is illegal.
To keep the record straight I think I should also point out that Lisa and I bought our home in
1999, ten years ago, and have been making requests to remedy the obstruction situation since
we moved in. I have saved all of the official requests.
The urgency that exists today is because we have young drivers now and this fact makes the
obstruction situation untenable for us.
I appreciate the ideas of a mirror solution and feel the need to address this suggestion.
The placing of a mirror in the city right of way is in violation of the Medina City code. I cannot
legally build anything in the city right of way. The code guiding these situations is quite clear.
Any harmful actions caused by my illegal actions can make me civilly liable for those actions.
My experience with a mirror in that location was a failure. Keeping the mirror up was a monthly
chore. The mirror must stick out several feet into the traffic lane to see around the brick pillars
and wall on the Medina/ Kenyon property. Whenever it rains, the mirror is obstructed by fog and
water. I believe it rains in Seattle more than 250 days a year.
At night, it is all but impossible to use the mirror as all you can really see are headlights. The
use of a mirror is fine as a supplement but it is also impossible to judge the speed or size of
oncoming vehicles using the mirror. Bicycles and pedestrians are also a problem.
The final result is the same. The Medina/Kenyon wall completely obstructs our view and makes it
impossible to safely access our home. The Medina/Kenyon wall is in violation of the Medina City
code and must be removed.
There is no other legal or safe method to use to solve this problem.
I have been waiting for a response back from the city clarifying your position on the wall matter.
The power pole is an altogether different situation that can be dealt with as we go along. I have
not heard back from you since my last e-mail concerning the wall only. I would appreciate a
response specific to the brick wall.
Thanks for your attention.
Jim Arata
Medina Municipal Code
1232.050 Removal conditions.
Any structure or artificial thing lawfully placed in or on a public right-of-way shall be removed, upon
written request of the city. Grounds for removal include but are not limited to:
A. Location or relocation of streets, sidewalks, utilities or other improvements;
B. Interference with public use of the right -of- way;
C. Failure to maintain.
The owner of the real property adjoining a right- of -way shall remove any prohibited structure or
object, installed after November 13, 2000, from the right-of-way within 10 days of mailing of notice
from the city to do so. If the property owner fails to remove said structure or object, the city may
remove it at the expense of the property owner. The city may file a lien against the property to recover
all costs incurred and enforce said lien in the same manner as enforcement of a mechanics lien. (Ord.
687 § 2, 2000; Ord. 541 § 5, 1991)
17.76.010
Fences and walls — General. Fences and walls — Height. Fences and walls — Height exception.
Limitations. Fences and walls — Appearance. Bulkheads. Permits.
Fences and walls — General.
A. Fences and walls may be located in a setback area provided they do not exceed the maximum
height requirements set forth in MMC 17.76.020.
B. Fences and walls shall be located entirely within the property lines of the lot, unless both property
owners agree the wall or fence may be placed on a common property line.
C. The property owner has the responsibility to ensure that all fences and/or walls are placed within
the owner's property boundaries.
D. All lighting shall be subject to the appropri- ate height restrictions.
E. Where a permit is required pursuant to MMC 17.76.070, the city may require the property
owner to obtain a survey of the property boundaries when:
1. The fence or wall is adjacent to a public right-of-way; or
2. It is not clear the proposed fence or wall is located entirely on the site. (Ord. 834 § 2, 2008)
RP: RI - ght-of-way obstructions
From:
Sent:
To:
Cc:
Donna Hanson (dhanson@medina-wa.gov); Robert Grumbach
(rgrumbach@medina-wa.gov); Wayne D. Tanaka (wtanaka@omwiaw.com)
Mr. Willis,
james arata
Wed 4/01/09 3:23 PM
Joe Willis
Ov,villis@medina-wa.gov)
Today I received a copy of a letter that was sent to you by Mr. Jon Kenyon dated the 29th of March. Mr. Kenyon
raises several issues in his response that deserve clarifications from me.
Mr. Kenyon makes a claim that there was no contact between our families following a formal meeting we all had at his
home several months ago. Jon makes further claims that he was never contacted again after that meeting.
These points are not entirely true not that any of that really matters. There have been many conversations and e-
mails between our families since that specific date with the obstructions always being the topic of conversation.
We appreciate the efforts that the Kenyon's made regarding the mailboxes. They put in a lot of work on the relocation
and we are grateful. I should mention that as soon as the mailboxes moved, a large real estate sign went up in the
same spot.
Mr. Kenyon offers to you that we built our home in 2005 so by that thinking we should have already known that this
was a dangerous situation. I believe that he is suggesting that perhaps we should h-3ve thought of that prior to buying
the home. I think he may also be suggesting that we should not have bought a home that was so clearly a danger to
get to and from.
There might even be those folks that agree with him on that but that opinion doesn't change the fact that the
Medina/Kenyon wall is a serious hazard and it is illegal.
To keep the record straight I think I should also point out that Lisa and I bought our home in 1999, ten years ago,
and have been making requests to remedy the obstruction situation since we moved in. I have saved all of the official
requests.
The urgency that exists today is because we have young drivers now and this fact makes the obstruction situation
untenable for us.
I appreciate the ideas of a mirror solution and feel the need to address this suggestion.
The placing of a mirror in the city right of way is in violation of the Medina City code. I cannot legally build anything in
the city right of way. The code guiding these situations is quite clear.
Any harmful actions caused by my illegal actions can make me civilly liable for those actions.
My experience with a mirror in that location was a failure. Keeping the mirror up was a monthly chore. The mirror
must stick out several feet into the traffic lane to see around the brick pillars and wall on the Medina/ Kenyon
property. Whenever it rains, the mirror is obstructed by fog and water. I believe it rains in Seattle more than 250
days a year.
At night, it is all but impossible to use the mirror as all you can really see are head ights. The use of a mirror is fine
as a supp)ement but it is also impossible to judge the speed or size of oncoming veh:cles using the mirror. Bicycles and
Pedestrians are also a problem.
The final result is the same. The Medina/Kenyon wall completely obstructs our view and makes it 4npossible to safely
access our home. The Medina/Kenyon wall is in violation of the Medina City code and must. be removed.
There is no other legal or safe method to use to solve this problem.
I have been waiting for a response back from the city clarifying your position on the wall matter.
The power pole is an altogether differant situation that can be dealt with as we go along. I have not heard back from
you since my last e-mail concerning the wall only. I would appreciate a response specific to the brick wall.
Thanks for your attention.
Jim Arata
I I III I! � I � 1; 1! 11���
3-MEEEM
From: Joe Willis <jwillis@medina-wa.gov>
Subject: RE: Right-of-way obstructions
To: "fames arata" <ja mesa rata@ya hoo.com >
Cc: "Donna Hanson" <dhanson@medina-wa.gov>,
"Wayne D. Tanaka" <wtanaka@omwlaw.com>
Date: Monday, March 23, 2009, 8:08 AM
"Robert Grumbach" <rgrumbach@medina-wagov>,
"I t o
Mr. Arata, as you nof,- 1rotri the � . . ... ;� an", , Ix,
in your driveviay sight -fine issue, 1 11cave 0, w
but
have not rec(:,�Jved a re'sponse yet. I ailso obs(;,rv(-;,(J llh,-4'1 the rin"I'O "'n ,�,jcfp Of
your clfiveviay kivece �-'Aocat(;d (asi ,N(-,fek 1 do rijolk know ",k'410 viIt I
appreciate th.e fast response,
From: fames arata [ ma ilto:ja mesa rata@ya hoo.com]
Sent: Sunday, March 22, 2009 7:45 AM
To: Joe Willis
Cc: Donna Hanson; Robert Grumbach
Subject: RE: Right-of-way obstructions
Mr. Willis,
I received your letter today and the copies of the letters you sent to our neighbors to the east and west.
These letters basically confirmed the same positions that we had both taken since our last e-mail exchange.
I would still like to know what the City's insurer's position is concerning this problem.
I appreciate the attention you have taken to date on this issue. I understand tha',,- it is complicated but I am
sure we can come to a safe adjudication of the problem if we work together at so'ving it.
I also need to point out that this is a safety issue only. I invite and encourage anybody with the City of
Medina to make an attempt to leave my property safely. It cannot be done.
I think I need to make some clarifications on certain points as we move along here.
The power pole is not the primary problem with the obstructions. The pole is a major problem but one that
we have some room to work with. The pole itself causes about a 50% obstruction to the east. with some
jockyIng of the car I believe that we might be able to see to the east once the wall, is removed from the sight
line.
Currently, I cannot see to the east when leaving my driveway until the front of my car is out on 10th Street.
We have near misses with west bound traffic weekly. Cars are traveling at approximately 30 miles an hour
when the front end of my cars, or my friend's cars, enter and completely cover the west bound lane. There is
no way for the east bound vehicles to see the threat coming. There is no way to l .�ave my property without
actually being in the street to see the on coming cars. Obviously, this is not a situation that can be allowed to
continue.
The wall, that you point out as on the Kenyon's property, blocks the east view 100%. The wall issue is not
one between the Arata's and the Kenyon's but an issue between the Kenyon's and the City of Medina.
The wall is on property that you control, not the Kenyon's.
The Kenyon's have listed their home for sale this week. They are no longer cooperating with any subject
regarding the wall obstruction. I think it important to remind you, the wall is on city controlled property not
the Kenyon's property.
Our position is that the 100% removal of that wall (on city property) will remove a great portior of the
obstruction to our ability to safely leave our property.
The wall is in violation of City of Medina codes. In my view, the code provides th,? city with the ability to
order iVs removal or demolish the section that is on the city property, as it is situated on your eight of way.
The demolishion could be conducted at no cost by the city employee's assigned to the pubic works
department.
Any proposed solution that does not include the removal of the wall on the city property is not a solution, in
my view, and would not be acceptable to me.
I believe that the cutting of the shrubbery on the City of Medina property to our west to 36 inches will
completely solve the problem with the sight lines to the west. I appreciate your efforts with tha". neighbor.
Respectfully,
Jim.
--- On Mon, 3116109, Joe Willis <jwi1HS@Medina-wa.gov> wrote:
From: Joe Willis <jwillis@medina-wa.gov>
Subject: RE: Right-of-way obstructions
To: jamesarata@yahoo.com
Cc: dhanson@medina-wa.gov, rgrumbach@medina-wa.gov
Date: Monday, March 16, 2009, 3:07 PM
Mr. Arata, I have notified Mr. Mylroie and requested the trimming of the evergreen hedge next to
your driveway. He has indicated they he will do so. You stated that the Kenyon's will reduce the
height of their brick wall next to your driveway so I assume that I do not need to write them a letter
requesting it.
PSE has looked at the power pole and moving the pole is involved. There are three underground
services that will also need relocation, the fir tree will need trimming, and the pole will need
modification, both Comcast and Qwest are on the pole and have overhead and underground service
lines that will need relocation as well. They estimate the cost upwards of $10k to move it and would
be looking to you to foot the bill.
From: fames arata [mailto:jamesarata@yahoo.com]
Sent: TI hursday, March 05, 2009 3:06 PM
To: Donna Hanson; 3oe Willis; Lisa Arata
Cc: Robert Grumbach; Mark Nelson
Subject: RE: Right-of-way obstructions
Gents,
Thank you for meeting Lis at out home today, I have located our property boundary and
topographic Survey from Roth Hill dated Iz-- 18-2000. The survey clearly shows that all of
the obstructions and vegetation are in the City's right of way.
I have a copy I can deliver to you if you wish.
Thanks, Jim.
--- On Wed, 3/4/09, Lisa Arata <Ii.va_arafa(thofmaiI.com> wrote'.
From: Lisa Arata <1 isa-arata@hotni ail. com>
Subject- RE: Right-of-way obstructions
To: diianson(a-,i-nedina-wa.govjwilliseme-dina-wa-gov,
Cc: rc,,rumbacli@medina-wa.gov, "Jim Arata" �iarnesaratayahoo.com>,
mnelson@medina-wa,gov
Date- Wednesday, March 4, 2009, 7:22 AM
Thank YOU for Your quick response to our email, We are meeting Joe Willis at I prn
Thursday, March 5th at the end Of Out- driveway.
-Jim and Lisa Arata
Subject: RE: Right-of-way obstructions
Date: Tue, 3 Mar 22009 13-33 :06 -0800
From: dhanson@medina-wa.(,),Ov
To: lisa-arataaC)hotmall.comjwlllls@medin.a-wa.gov
CC- rgrumbacl-t@rnedina-wagov- jarnesaratag.,yaboo.com- mnelson(a-,medmia-
wa.gov
,
Li�a, I 5Tiet lvhv'j?h, Joe \N'RIB and RoOert G-rumbach +his mom:r2 ; �-nd e rvie" -A! our
n g v U tod;�k,ti t j7,.rj y
.ia S, S 0%
From. Lisa Arata [mailto:lisa—arata@hotmaii.coml
Sent: Monday, March 02, 2009 1:32 PM
To: Joe Willis
CC: Donna Hanson; Robert Grumbach; Jim Arata; lisa_arata@hotmaii.com; Mark Nelson
Subject: RE: Right-of-way obstructions
Mr. Willis, Ms. Hanson and Mr. Grumbach,
We are still patiently waiting for a response to our request for action on this dangerous
situation. It is a huge liability to the city, should there be an accident. With every
passing week our son's 15 and 16 year old friends traverse their vehicles across the
City's blind right of way, which is blocked by vegetation, a power pcille" mail boxes
and an illegally erected brick wall ---creating an incredibly hazardous
condition. This is why we have laws restricting obstructions in the City's Right of
Way. It's only a matter of time before a tragic accident (again) happens in Medina
The city is exposed and no one seems to care, other than Police Chief Chen. At the
very least, you owe us the common courtesy of a response. It has been three months
since our last request and nine years since we started asking that thE. Right of Way is
cleared in compliance with Medina Municipal Code.
Jim and Lisa Arata
Subject: Right-of-way obstructions
Date: Thu, 11 Dec 2008 14:11:45 -0800
From: jwillis@medina-wa.gov
To: lisa—arata@hotmail.com
Lisa, I received a copy of your letter to Donna Hanson and am currently looking into the issue
including researching City files as to how the wall was placed in front of 8420 NE 110th. I will contact
PSE to discuss the location of the power pole and as soon as I have more information, I will be
contacting you.
CITY OF MEDINA
501 Evergreen Point Road, Medina, WA 98039
(425) 233-6439 jwillis@medina-wa.gov
James Arata
8422 NE 10th Street
Medina, WA 98039
RE: Sight Obstruction
Dear Mr. Arata:
March 19, 2009
1 am Writing this letter ?s fol!ow Lip to our conversations and a -mails regarding the
limited sight distance for vehicles using your driveway due to a power pole,
mailboxes, Mr. Kenyon's brick wall in front of 8420 NE 10th Street and Mr. Mylroie's
shrubs along the frontage of 8416 NE 10th Street. I have sent letters to Mr. Kenyon
and Mr. Mylroie (enclosed) requesting their attention to their property frontage.
i request that you accomplish the relocation of your mail box, so it will not interfere
with the sight lines for your driveway access.
I am working with Puget Sound Energy (PSE) on the relocation of the power pole
farther away from the street so it will reduce the driveway sight lines impact. That
work will necessitate the pruning of limbs on the large fir tree on Mr. Kenyon's
property to prevent damage to the power lines. According to PSE Municipal Liaison
Manager, Andy Swayne, the cost for the relocation of the pole by tariff regulations
is assessed to the customer. Which means the work will be at your expense.
Should you desire to proceed with the pole relocation, I will get you in contact with
PSE New Customer Construction group to talk further about steps involved to
move the pole.
If you need additional information or have questions, please call me at 425-233-
6439 to start thepole relocation process. V+cur clolo peratior is most appreciated.
Sincerely,
e
.s-
Willis Sr.
Director of Public Works
cc. Donna Hanson, City Manager
Wayne Tanaka, City Attorney
Mr. Kenyon, 8420 NE 10th Street
Andy Swayne, PSE
City Of Medina
Attn: Joe Willis Sr.
Director of Public Works
501 Evergreen Point Road
Medina, WA 98039
March 29, 2009
RE: Sight Obstruction
Dear Mr. Willis:
Please find the following in .response to your letter dated March 19t' 2009 (attached). Some of what lames Arata
communicated to you is correct. We have met with Jim and his wife on a couple of di-ferent occasions during our two
year .ownership of 8420 NE le.
The last formal meeting I recall occurred in late fail 2008 where the four of us stood out by the street and the Aratas
shared with us their visibility concerns and suggested remediations including; relocating the mail boxes, trimming back
the hedge/screen and removing the brick pillar/wall. At the time we agreed to execute on both the mailboxes and hedge
trimming as those were both on our list of projects for our home renovation, however we did not agree to remove the
brick pillar/wall but did give them the opportunity to seek an estimate for the cost of doing so. The Aratas indicated that
they would do this the following week .but never again contacted us regarding the matter_
Since that time we have relocated the mailbox stand (for boxes 8417, 8419, 8420, 8422) and trimmed back the hedge
several feet. Both of these actions were done at our expense. The relocated mailboxes are now 30'-40' further east along
NE le. A week ago we put our home on the market and are satisfied with the improvements that we have agreed to
pursued to date.
1 would like to suggest a remediation that we have brought up to the Aratas on numerous occasions which is for them to
install a mirror at the end of their drive that provides visibility to oncoming Westbound traffic on NE 10th. As you could
verify many homes along the North side of NE le (including ours) use mirrors for this same purpose. I'm certain that
this one improvement would be the most cost effective for all parties concerned (Aratas, City of Medina, etc.) and would
cure the visibility issues claimed by the Aratas.
In closing i would like to note that the Aratas built their home in 2005 with the full knowledge of all three claimed
obstructions; the brick pillar/wall (installed in the 70's), the location of the mailbox stand, and the location of the power
pole. They are now pursing very costly changes that in our minds would be corrected simply by pursuing the mirror
concept highlighted above.
G'
Jon Kenyon
cc: Donna Hanson, City Manager; Wayne Tanaka, City Attorney; James Arata, 8422 NE 10`i' Street
CITY OF MEDINA
501 Evergreen Point Road, Medina, WA 98039
(425) 233-6439 jwillis@medina-wa.gov
Jon Kenyon
8420 NE 10th Street
Medina, WA 98039
RE: Sight Obstruction
Dear Mr. Kenyon:
March 19, 2009
i am writing this letter as follow up to com(ersaticnis With James Arata of 8422 NE
loth Street regarding the driveway abutting on the west side of your property. The
driveway has limited sight distance for vehicle access due to a power pole,
mailboxes, and your brick wall. Mr. Arata says that he has talked with you or your
wife about the corner pillar of your wall and it was indicated to him that you would
lower the piller to the height of the wall extending to the north which was
acceptable to him.
If what you indicated to Mr. Arata is correct, I request that you accomplish the
reduction of the pillar height in the very near future, since the sight distance issue
is a matter of urgency. In addition, I request that the mailboxes be relocated so
they will not interfere with the sight distance for vehicles exiting the driveway.
I am working with Puget Sound Energy on the relocation of the power pole farther
away from the street so it will not interfere with the sight lines. That work will
necessitate the pruning of limbs on the large fir tree on your property to prevent
damage to the power lines. I will keep you informed on the progress of this issue if
you will provide me with your telephone number or e-mail address.
If you need additional information or have questions, please call me at 425-233-
6439. Your cooperation. wilt be most appreciated.
Sincerely,
Joe Willis Sr.
Director of Public Works
cc. Donna Hanson, City Manager
Wayne Tanaka, City Attorney
James Arata, 8422 NE 10th Street
CITY OF MEDINA
501 Evergreen Point Road, Medina, WA 98039
(425) 233-6439 jwillis@medina-wa.gov
Vance Mylroie
8416 NE 101h Street
Medina, WA 98039
RE: Sight Obstruction
Dear Mr. Mylroie:
March 19, 2009
_'-_.- +�- 1�+tom. -*a f,�llniie up .+n cur c_mail of nna�cn 16th 1NhPrPlr1 I requested
I ar�i v, i i ig Li i1J i\,l Gv o' lov.
that you trim your hedge along NE 10th Street to a maximum height of 36-inches
above the surface of the ground. Your neighbor's driveway abutting on the east
side of your property has limited sight distance for vehicle access.
You indicated that you would accomplish the trimming, but failed to inform me of
the timing for it. Since the sight distance issue is a matter of urgency, I request that
you initiate the trimming immediately beginning with the shrubs nearest to the
driveway for 8422 NE 10th Street.
In addition, your mailbox is in front of 8420 NE 10th Street, needs to be moved so
as not to be an obstruction for driver sight distance from the driveway access for
8422 NE 10th Street.
Your cooperation will be most appreciated.
Sincerely,
Joe Willis Sr.
Director of Pubiic Works
cc. Donna Hanson, City Manager
Wayne Tanaka, City Attorney
James Arata, 8422 NE 10th Street
City Manager, Donna Hanson
City of Medina
Medina, WA 98039
RE: 3rd Request /Right of -Way Obstructions
December 3, 2008
Ms. Hanson,
Please see attached correspondences we have sent to the City of Medina regarding dangerous
and potentially deadly sight obstructions in the City's right of way.
Since those letters were ignored by previous administrations, we are again pleading for help on
this situation. Several circumstances have since changed. We now we have a teenage driver
(and his friends) in our family, making the situation an even bigger threat and liability to
the City.
We also have new neighbors, Jon and Jennifer Kenyon at 8420 NE 10th and they are willing to
work with us to resolve this threefold problem all built in the city right-of-way:
1. Relocating the power pole
2. Relocating the mailboxes
3. Removing the brick pillars and wall
At this time, the Kenyons have agreed to remove one of the 5' brick pillars. To relocate the
PSE power pole, the City needs to request a "Relocation for Cause" from Puget Sound Energy.
I have talked to their New Construction Dept. (1-888-321-7779) and told they would definitely
work with the city on relocation, especially in a dangerous situation like ours.
I believe this action would come from the City of Medina Public Works Department. We
previously contacted Public Works Directors, Carl Burris and Joe Willis but did not hear back
from them. I left Mr. Willis a message a week ago and have not heard back from him again.
Please read the attached letter that better explains the situation and let us know how and when
this issue can be resolved. We look forward to working with you.
Sincerely,
Jim and Lisa Arata
8422 NE 1 Oth St
Medina, WA 98039
Ph.425-688-9898
CITY OF MEDINA
501 EVERGREEN POINTROAD •
MEDINA, WASHINGTON 98039
Mr. Joe Willis, Director of Public Works
RE: CC of right-of-way obstruction letter sent to Mr. Schultze
Mr. Willis,
Attached is a packet of documents that we recently submitted (our 2nd request) to City
Manager Doug Schultze regarding obstructions in the public right-of-way. Due to the
departure of Mr- Schultze, were sending you a copy of the documents as well so this
issue can be addressed as soon as possible_ This is a serious safety concern. We invite
you come down our driveway and try to exit it safely, imagining that you are a child
running across the street to play with the neighbors.
Thank you for your consideration with this issue.
Jim and Lisa Arata
8422 NE I Oth Street
Medina, WA 98039
425-688-9898
City Manager, Doug Schultz
City of Medina
Medina, WA 98039
RE: 2nd Request /Right -of -Way Obstructions
October 15, 2006
Mr. Schultz,
In light of the recent traffic tragedy in Medina, involving the serious and permanent
injury to a young child, we would like to make a second official request of the City of
Medina to revisit the issue of the brick wall built in the Medina City right-of-way
adjacent to our property. This wall was built after the City of Medina issued a permit in
conflict with the city's own laws, rules and regulations. The wall is an obstruction to
vehicle traffic on 10th Avenue and a serious and immediate public safety hazard.
It is our opinion that given the City of Medina`s actions, allowing the obstruction to be
built in the right of way, that the city has a legal obligation to assist in it's removal_ There
is no doubt that the City of Medina faces serious civil exposure in the event that a traffic
mishap occurs and the obstructions in the right-of-way play a part in the incident.
There is also a city power pole and a bank of mailboxes in the City of Medina right-
of-way. We would request that the City of Medina also assist us in having those
obstructions removed from the right of way as well.
As explained in our previous requests, these structures obstruct SAFE ingress and egress
out of our driveway for both vehicles and pedestrians. There is no safe way to view
westbound traffic on 10th street as our children, their friends, and vehicles enter and exit
our property. The courtyard area of our property is a very popular place for children from
our neighborhood to gather and play. We are concerned that a visiting child, who may
not understand the traffic situation, could exit the driveway in an unsafe manner at the
same time as a vehicle passes. We witness this kind of activity all the time. It would be
nearly impossible for a vehicle to safely see and then adequately avoid a collision with a
child because of the obstructions in the right of way. A tragedy, most likely involving a
child, will surely result of we do not take immediate actions and begin steps to remove
the obstructions from the City of Medina right-of-way.
The permit for the brick wall appears to have been issued by the City of Medina, in error,
some time ago. We would like the city to assist us in having the brick wall, the pole and
the mailboxes removed from the right of way before another tragic event occurs to one of
our city's children. Given that the city issued this permit to the occupants at 8420 NE
10th Street, we believe it is the city's obligation to order the occupant and assist in having
the brick wall and the other obstructions removed.
,a
We have made a friendly request of our neighbor in the past and offered our own
assistance in helping to remove the wall. The properly owner denied those requests.
In a past conversation with Puget Sound Energy about the power pole, they responded
that if the City of Medina made an official request of them to move the pole, it would be
moved back out of the right-of-way at a minimal cost or no cost at all to any public or
private party.
The mailbox issue can be solved with a simple letter from the City of Medina to the
property owners who have boxes on the structure, ordering them to move the mailboxes
out of the city's right-of-way.
As a side note, the property owner at 8420 NE 1 Oth St. continues to run a thriving
business out of this residential home. This allows for even more tragic coming and going
from her property, where the brick wall is located.. The additional traffic adds to the
obstructions on 10th Street. The homeowner maintains a permanent staff of five on this
property. There have been multiple complaints about this business to the City of Medina
over the years. Far too many complaints to have kept an adequate count. The occupant
ignores all orders and continues to illegally run the business out of the residence. Please
see the attached letter from the city and a copy of the business advertisement that shows
her staff and address of her international business. This citizen, having been warned by
the city on countless occasions, does not appear to show any signs of complying with her
neighbor's wishes or her legal obligation in this matter. Warning letters to cease and
desist have been ignored in the past. We would demand that immediate and real actions
be taken by the City of Medina to enforce compliance of the law in this matter.
We are looking forward to working on this issue with you.
Sincerely,
James and Lisa Arata
8422 NE 10th St
Medina, WA 98039
lisa—arata@hotmail.com
jamesarata@yahoo.com
Phone 425-688-9898
CC: JOE WILLIS, Director of Public Works
8422 NE 10th St.
Medina, WA 98039
June 11, 2001
Mr. Doug Schulze, City Manager
Cc: Police Chief Knapp
Re: Safety Issue
City of Medina
501 Evergreen Pt. Road
PO Box 144
Medina, WA 98039
Dear Mr. Schulze,
We would like to inform you of a safety issue that we are working on that involves the City of Medina
right- of -way. At the end of our driveway, 8422 NE 1 O'h, westbound traffic is completely obstructed by
a power pole, bank of mailboxes, vegetation and a brick wall.
All of these obstructions are located within the City of Medina right-of-way. There is no sidewalk or
parking on the north side of the street. On a daily basis, vehicles hurl by at over 30 mph within inches
of our driveway, with no warning to a person or vehicle exiting the driveway. We invite you to come
drive your vehicle out of our driveway to help understand how dangerous this situation is. We
currently have a small mirror that adults can use but can be rendered useless by rain, fog or late
afternoon sunshine. Children are a particular concern. They are unable to use a mirror to safely exit
the driveway. The obstructions preclude oncoming drivers from seeing the children at all. This is by far
our biggest concern. The situation is extremely hazardous to both vehicles and pedestrians. We have
near -misses from westbound traffic on a regular occurrence.
We have taken the preliminary steps of asking PSE, the US Postal service and our neighbor to
voluntarily remove these obstructions from the City right-of-way. If the obstructions are not removed,
this situation will surely end with a tragedy.
The purpose of this letter is to inform you of the situation and ask for your support and assistance in
the voluntary removal of all the obstructions by all of the parties involved. Specifically, we are
asking two actions from you:
1. To agree that these obstructions pose a serious safety problem.
2. To provide assistance in the process of having these obstructions removed.
Please contact us and let us know what your position is on this matter as this issue is important to the
safety of my family.
Sincerely,
Mr. & Mrs. Jim Arata
Ph. 425-688-9898
CITY COUNCIL MEETING
PUBLIC COMMENT SIGN IN SHEET
Public comment is encouraged and appreciated. With the exception of public hearings, this is the only
opportunity for the public to address the City Council on agenda items or any other city related business.
In order to accomplish all business on the agenda and be respectful of everyone's time, council members
will not be able to engage in dialogue with individual members of the audience and no immediate action
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Complete the following information and submit to the City Clerk prior to the meeting. When your name is
called, proceed to the podium and state your name and address. Please limit your comments to 3 minutes.
PLEASE PRINT LEGIBLY
Name: e%
Address:
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4. Comments shall be courteous and respectful at all times.
5. No person may use public comment for the purpose of campaign or advertisement.
6. This is not a question and answer time and council can not engage in conversation with the public.
Questions and concerns about operations should be addressed with city staff during regular
business hours.
8. The presiding officer has the responsibility for enforcing these rules and may change the order of
speakers so that testimony is heard in the most logical groupings.
1 WISH TO SPEAK to the City Council on the following agenda item and/or issue:
❑ IN LIEU OF SPEAKING / request the City Clerk to include my written comments into the public
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Signature Required: '
Date:
By signing, I acknowledge public comment period rules.
Pursuant to RCW 42.56, this document is considered a public record. Disclosure may be required upon request.
z
�§ CITY COUNCIL MEETING
PUBLIC COMMENT SIGN IN SHEET
Public comment is encouraged and appreciated. With the exception of public hearings, this is the only
opportunity for the public to address the City Council on agenda items or any other city related business.
In order to accomplish all business on the agenda and be respectful of everyone's time, council members
will not be able to engage in dialogue with individual members of the audience and no immediate action
will be taken on any public comment issue.
Complete the following information and submit to the City Clerk prior to the meeting. When your name is
called, proceed to the podium and state your name and address. Please limit your comments to 3 minutes.
PLEASE PRINT LEGIBLY
Name: 1_�`u-' - ik %, &Ay-&
Address: �� �dLL�� S C C' l tj k ��'/7;
Phone:Z5�/ - jd
1. Public comments sign in sheet must be completed before speaking.
2. Public comment limited to three minutes per speaker.
3. No speaker may convey or donate his or her time to another speaker.
4. Comments shall be courteous and respectful at all times.
5. No person may use public comment for the purpose of campaign or advertisement.
6. This is not a question and answer time and council can not engage in conversation with the public.
7. Questions and concerns about operations should be addressed with city staff during regular
business hours.
8. The presiding officer has the responsibility for enforcing these rules and may change the order of
speakers so that testimony is heard in the most logical groupings.
XI WISH TO SPEAK to the City Council on the following agenda item and/or issue:
❑ IN LIEU OF SPEAKING I request the City Clerk to include my written comments into the public
record.
Signature Required: Date: (14[7-6 [r
By signing, I acknowledge public comment period rules.
Pursuant to RCW 42.56, this document is considered a public record. Disclosure may be required upon request.
Cx° of �1 DIAL
CITY COUNCIL MEETING
PUBLIC COMMENT SIGN IN SHEET
Public comment is encouraged and appreciated. With the exception of public hearings, this is the only
opportunity for the public to address the City Council on agenda items or any other city related business.
In order to accomplish all business on the agenda and be respectful of everyone's time, council members
will not be able to engage in dialogue with individual members of the audience and no immediate action
will be taken on any public comment issue.
Complete the following information and submit to the City Clerk prior to the meeting. When your name is
called, proceed to the podium and state your name and address. Please limit your comments to 3 minutes.
PLEASE PRINT LEGIBLY
Name:
Address:`22
Phone:
1. Public comments sign in sheet must be completed before speaking.
2. Public comment limited to three minutes per speaker.
3. No speaker may convey or donate his or her time to another speaker.
4. Comments shall be courteous and respectful at all times.
S. No person may use public comment for the purpose of campaign or advertisement.
6. This is not a question and answer time and council can not engage in conversation with the public.
7. Questions and concerns about operations should be addressed with city staff during regular
business hours.
8. The presiding officer has the responsibility for enforcing these rules and may change the order of
speakers 4o-that testimony is heard in the most logical groupings.
WISH TO SPEAK to the City Council on the following agenda item and/or issue:
❑ IN LIEU OF SPEAKING 1 request the City Clerk to include my written comments into the public
record.
Signature Required: Date:-- 1
By sig acknowledge public comment period rules.
Pursuant to RCW 42.56, this document is considered a public record. Disclosure may be required upon request.