HomeMy WebLinkAbout08-09-2010 - Agenda PacketMEDINA, WASHINGTON
CITY COUNCIL AGENDA
MEDINA CITY HALL COUNCIL CHAMBERS
MONDAY, AUGUST 9, 2010
5:00 PM
MAYOR
BRETJORDAN
DEPUTY MAYOR
SHAWN WHITNEY
COUNCIL MEMBERS
PATRICK BOYD
DOUG DICHARRY
JANIE LEE
MARK NELSON
KATIE PHELPS
MEDINA CITY COUNCIL STUDY SESSION
CALL TO ORDER
ROLL CALL
DISCUSSION
1. 2010 Budget Review and 2011 Budget Direction
2. City Hall Funding
ADJOURNMENT
CALL TO ORDER
CITY MANAGER
DONNA HANSON
CITY ATTORNEY
BRUCE DISEND
CITY CLERK
RACHELBAKER
5:OOPM
MEDINA CITY COUNCIL REGULAR MEETING
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
6:30 PM
Medina City Hall • 501 Evergreen Point Road • Medina WA 98039
425-233-6400 phone • 425-454-8490 fax • www.medina-wa.gov
PUBLIC COMMENTS
At this time, citizens may address the City Council regarding any issue on the council agenda and any
non -agenda items related to city business, excluding public hearings. To ensure equal opportunity for the
public to comment, a speaker's comments shall be limited to three minutes per person, per meeting.
Those who have service requests or complaints are encouraged to first bring such matters to the city
manager for prompt attention and resolution.
Council meetings are business meetings where City Council may hear from residents and take action on
official City business. In order to accomplish all the 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.
REPORTS AND ANNOUNCEMENTS
RA-1: Mayor
RA-2: Council
RA-3: Advisory Boards/Commissions
RA-4: City Manager/Staff (pgs 1-37)
Allyson Jackson, Part 150 Update
Robert Grumbach, State Route 520 Update
Joe Willis, Temporary City Hall
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
CA-1: Approval of July 12, 2010 City Council Special Meeting Minutes (pg 38)
CA-2: Approval of July 12, 2010 City Council Regular Meeting Minutes (pgs 39-45)
CA-3: Approval of July 2010 Check Register (pgs 46-53)
Claim check numbers 50550 through 50646 in the amount of $224,153.07, payroll
check numbers 3077 through 3099 in the amount of $234,573.47, voided AP check
number 50626 (Vendor LEED ($25.03) credit for gun cleaning brush).
CA-4: Receipt of June 16, 2010 Emergency Committee Minutes (pgs 54-55)
CA-5: Receipt of June 22, 2010 Planning Commission Minutes (pgs 56-60)
PUBLIC HEARING
PH-1: Public Hearing Concerning Preliminary 2011 Budget (pg 61)
Medina City Council August 9, 2010 Page 2 of 3
OTHER BUSINESS
OB-1: Draft Ordinance Relating to Wireless Communication Facilities and Potential
Action to Schedule a Public Hearing on the Same (pgs 62-79)
OB-2: City Hall Funding (pgs 80-81)
OB-3: Contract Approval, Temporary City Hall Lease and Site Improvements with St. Thomas
Church (pgs 82-97)
OB-4: Streetscape Policies and Street Standards (pgs 98-99)
OB-5: SR 520 Position Letter to WSDOT Concerning 84t" Avenue NE Traffic (pgs 100-102)
OB-6: Council Agenda Calendar (pgs 103-107)
EXECUTIVE SESSION
ES-1: Pursuant to RCW 42.30.110 (1)(c) to discuss minimum price at which real estate
will be offered for lease.
ADJOURNMENT
Next Regular Meeting - Monday, September 13, 2010; 6:30 pm.
Medina City Council August 9, 2010 Page 3 of 3
CITY OF MEDINA
Office of the City Manager
Date August 9, 2010
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: City Manager Report
1. The following community outreach took place in the month of July:
a. Development notices issued during the month were linked to the city's website
in addition to the city's general posting practices.
b. E-notices were sent to subscribers for utilizing the Govdelivery service for
development projects, public meetings and hearings, agenda packets,
approved meeting minutes, city council action calendar. As is customary,
records were also posted to the city website and public notices were affixed to
city notice boards.
c. The city realized a small growth in its subscription base over July. The
sampling below continues to compare the same categories since inception, as
well as last month, for comparison purposes.
4/12/10
7/7/10
8/4/10
Capital Improvement Projects
160
211
211
City Council Agenda
193
242
242
City Events and Information
245
323
328
City Newsletter
94
287
297
Hearing Examiner Agenda
118
149
150
Park Board Agenda
121
158
158
Planning Commission Agenda
139
175
176
Total Individual Subscribers
296
426
435
2. Allyson Jackson has submitted a written update on the Part 150 Airport noise study.
The Port has been asking for a formal briefing at a Council meeting. Allyson feels that
it would be more valuable to schedule an informal work session with two or three
council members, Bob Rudolph, a Part 150 rep and an FAA rep to discuss options for
flight tracks. Timing for this meeting would be once the Part 150 study gets closer to
discussing flight tracks in October. Allyson will be at the Council meeting to discuss
this option.
Page 1
3. 1 met with Jeff Brown, our consultant for the negotiations with Allied Waste. Jeff
reviewed our files and confirmed that it does not appear that the City ever negotiated a
conversion franchise to exert city control from the WUTC. The license we had appears
to have been more of a "service level ordinance" that merely overlayed a few
requirements on Allied's operation without attempting to expire their rights. Nowhere
does it state the WUTC certificate is expired or that Allied waives future claims against
the city for measurable damages, etc. Therefore Allied's rights were never properly
expired so we won't be able to argue that the City previously went through the steps
and now just wants a contract free of the WUTC. We'll take care of that this time
around.
We met with representatives from Allied on July 28t" and agreed that Jeff will draft a
contract proposal using Kirkland, Bellevue, and Clyde Hill as service models. We will
meet again in August with the goal to have a menu of services and costs for Council
discussion at the September Council meeting. This timeframe will be dependent on
how much we can accomplish at our next meeting.
4. On July 20t" City staff participated in our third all staff training this calendar year. The
first training was about harassment in the workplace and put on by WCIA. The second
was emergency preparedness at home and at work, organized by Kris Finnigan, our
emergency preparedness coordinator. This last training was CPR and AED. The city
has AED equipment in all police cars, at the shop and in city hall. This was great
training for home, work, and in case of an accident or a larger emergency in the City.
Based on this training, we will be upgrading our equipment in city hall and at the shop,
as our existing units are almost 15 years old.
5. In response to complaints about landscaping in the rights or way staff and city attorney
will be reviewing our current code to determine if any changes are needed to make our
regulations more effective in enforcing private property owner maintenance of their
respective landscaping in the right of way.
6. Department Directors have begun to draft their 2011 budgets and will complete them
after the August 9th Study Session and Preliminary Public Hearing. Final submittals
are due on August 20th. A preliminary 2011 budget will be presented on September
13t". We may want to schedule a study session at 5:00 that evening to start
discussion.
Page 2
MEDINA POLICE DEPARTMENT
MONTHLY SUMMARY
JULY, 2010
Police ChiefJeffi-ey Chen
FELONY CRIMES
Burglary 2010-0002664 07/12/10
1100 block of Evergreen Point Rd
E-lert #10-14
On July 12t' between 10:40AM and 1:OOPM, a burglary occurred in the 1100 block of
Evergreen Point Road. It appears the suspect(s) accessed the home through a ground
floor window, forcing the window open and breaking the lock. Once inside the suspects
ransacked the home, removing jewelry and electronics with an estimated value of over
$54,000.00. Medina Police have processed the scene in an attempt to identify the
suspect(s) and will be investigating this incident.
Fraud (ID Theft) 2010-0002679 07/13/10
2400 block of 78th Ave NE
Victim reported a bank account was opened in Massachusetts and several checks were
written from that account using her social security number. Victim will be alerting the
credit bureaus of the fraudulent activity.
Vehicle Prowl (Theft) 2010-0002704 07/15/10
8000 blk of NE 16`h (Overlake Golf & Country)
E-lert #10-15
On Thursday July 15`h between 10:00AM and 2:35PM, unknown suspect(s) prowled a
vehicle that was parked in a parking lot in the 8000 block of NE 16t' Street. The
prowlers were able to access the locked vehicle through the sunroof, which was left
slightly open. The suspect(s) reached inside and removed a GPS device, valued at over
$400. Medina Police are investigating.
Theft 2010-0002715 07/15/10
7600 block of SR520
Medina officer received a call regarding a theft that occurred earlier in the day. Items
taken were an I -pod and a gift card. Total loss: $400
Theft 2010-0002880 07/29/10
8800 block of Overlake Dr W
Victim reported a man's ring missing since March, 2010. Several people had access
inside the home during this time period and uncertain who would have taken the ring. No
other items are missing. Total loss: $3500.
Page 3
MISDEMEANOR CRIMES
Malicious Mischief
800 block of 80th Ave NE 2010-0002523 07/05/10
7700 block of NE 81h St 2010-0002525 07/05/10
8300 block of Overlake Dr W 2010-0002524 07/05/10
E-lert #10-13
On July 5th between 2:OOAM and 9:30AM, a vehicle parked in the 800 block of 80th
Avenue NE had the rear driver's side window broken out. It appears the suspect(s) threw
a large rock at the car, causing approximately $200.00 in damage. An almost identical
incident occurred in the 7700 block of NE 8th Street on the same morning. Nothing was
removed from either vehicle. It is believed both of these cases were acts of vandalism,
rather than vehicle prowls. Also on the morning of July 5th, a third act of malicious
mischief occurred when a mailbox in the 8300 block of Overlake Drive West was blown
UP.
Assault-4th 2010-0002567 07/07/10
7600 block of Overlake Dr W
Victim reported unwanted touching and the subject was charged Assault-4th
Malicious Mischief 2010-0002843 07/26/10
3200 block of Evergreen Point Rd
Medina officer responded to a report of a malicious mischief report that a real estate sign
was damaged. Estimated loss: $250
OTHER
Telephone Harassment 2010-0002569 07/07/10
1600 block of 77th Ave NE
Victim reported since February, 2010, has been receiving phone calls and inappropriate
photos on her cell phone. Requests to stop have not been heeded. Investigation is
pending.
Death Investigation 2010-0002695 07/15/10
1600 block of 77th Ave NE
Medina officer responded to a call of cardiac arrest and started CPR utilizing the AED
unit before Fire Aid arrived shortly thereafter. Unfortunately, the subject passed away of
natural causes.
Page 4
HUNTS POINT
MONTHLY SUMMARY
JULY, 2010
FELONY CRIMES
No significant felony incidents occurred during the month of July.
MISDEMEANOR CRIMES
Malicious Mischief 07/21-22/10
4200 block of Hunts Point Rd
E-lert #10-16
Between the hours of 10:00pm on July 21st and 10:00am on July 22nd, approximately 10
locked mailboxes were pried open by an unknown person(s) in the 4200 block and north
of Hunts Point Road. Although the boxes were tampered with, there have been no
reports of anything taken.
Theft 2010-0002838 07/25/10
3400 block of Hunts Point Rd
Medina officer responded to a report of a tool box filled with a variety of tools and a leaf
blower items taken from an open garage. Total loss: $550
Theft (Mail) 2010-0002807 07/26/10
4300 block of Hunts Point Rd
Report of another locked mailbox pried open (refer E-lert 10-16), and claims mail from
the day before was taken.
OTHER
Page 5
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2010
Felony Crimes
July
YTD YTD
Year End
2010
2010 2009
2009
Assault, Aggravated
0
0 0
0
Robbery
0
0 0
0
Sexual Assault/Rape
0
0 0
0
Burglary (inc Attempt)
1
1 9
11
Drug Violations
0
0 0
0
Fraud (ID Theft)
1
10 11
14
Vehicle Prowl
1
3 6
7
Theft (over $250)
2
5 7
9
Malicious Mischief
0
1 3
6
Arson
0
0 0
0
Auto Theft (inc Recovery)
0
1 3
4
Poss Stolen Property
0
1 2
2
Other
0
0 0
0
TOTAL
5
22 41
53
Misdeameanor
duly
YTD
YTD
Year End
Crimes
2010
2010
2009
2009
Assault, Simple
1
1
2
2
Malicious Mischief
1
4
4
5
Vehicle Prowl
0
2
15
15
Theft (Under $250)
0
2
3
5
Domestic Violence
0
0
2
4
Minor in Possession
2
4
0
5
Drug Violations
1
6
7
10
Poss Stolen Property
0
0
1
1
Total
5
19
34
46
Page 6
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
41 City of Medina
2010
Felony Crimes
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total
Assault, Aggravated 0 0 0 0 0 0 0 0
Robbery 0 0 0 0 0 0 0 0
Sexual Assault/Rape 0 0 0 0 0 0 0 0
Burglary (inc Attempt) 0 0 0 0 0 0 1 1
Drug Violations 0 0 0 0 0 0 0 0
Fraud (ID Theft) 1 2 1 0 1 4 1 10
Vehicle Prowl 0 0 1 0 1 0 1 3
Theft (over $250) 1 1 0 0 1 0 2 5
Malicious Mischief 0 0 0 0 1 0 0 1
Arson 0 0 0 0 0 0 0 0
Auto/Boat Theft 0 0 0 0 1 0 0 1
Poss Stolen Property 0 0 0 0 1 0 0 1
Other 0 0 0 0 0 0 0 0
TOTAL, 2 3 2 0 6 45 0 0 0 0 0 22
Misdeameanor
Crimes
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug Sept Oct Nov Dec Total
Assault, Simple
0
0
0
0
0
0
1
1
Malicious Mischief
0
0
0
0
0
3
1
4
Vehicle Prowl
0
0
0
0
1
1
0
2
Theft (Under $250)
0
1
1
0
0
0
0
2
Domestic Violence
0
0
0
0
0
0
0
0
Minor in Possession
0
1
0
1
0
0
2
4
Drug Violations
3
1
0
1
0
0
1
6
Poss Stolen Property
0
0
0
0
0
0
0
0
Total
34
3
1
2
1
4
5
0 0 0 0 0 19
Page 7
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2010
Traffic
duly
YTD YTD
Year End
ACCIDENTS
2010
2010 2009
2009
Injury
0
0 0
0
Non -Injury
0
9 3
11
TOTAL
0
9 3
11
Traffic
July
YTD YTD
Year End
CITATIONS
2010
2010 2009
2009
Driving Under Influence
2
24 30
68
*Other
5
60 86
163
Total
7
84 116
231
Traffic
July
YTD YTD
Year End
INFRACTIONS
2010
2010 2009
2009
Speeding
28
232 86
136
Parking
15
51 32
83
**Other
26
239 162
274
Total
69
522 280
493
July
YTD YTD
Year End
WARNINGS
2010
2010 2009
2009
Total
86
655 535
872
July
YTD YTD
Year End
CALLS FOR SERVICE
2010
2010 2009
2009
House Watch
38
186 267
420
False Alarms
60
226 220
361
Assists
31
172 260
342
Suspicious Circumstances
15
86 111
159
Property-Found/Lost
2
5 5
9
Animal Complaints
3
27 23
41
Missing Person
0
1 0
2
Warrant Arrests
2
32 30
63
***Other
2
12 4
9
Total
153
747 920
1406
*DWLS; Fail to Transfer Title; No License
**Expired Tabs; No insurance; Fail to stop; Defective Equipment
***Verbal Domestic; Vandalism; Civil Dispute; Disturbance
Page 8
Traffic
Accidents
Injury
Non -Injury
TOTAL
Traffic
Citations
Driving Under Influence
Other
Total
Traffic
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
City of Medina
2010
Jun
Feb
Mar Apr
May
Jun
Jul
Aug Sep Oct Nov
Dec
Total
0
0
0 0
0
0
0
0
1
1
0 3
3
1
0
9
1
1
0 3
3
1
0
0 0 0 0
0
9
Jan
Feb
Mar Apr
May
Jun
Jul
Aug Sep Oct Nov
Dec
Total
8
3
3 2
3
3
2
24
14
10
8 12
8
3
5
60
22
13
11 14
11
6
7
0 0 0 0
0
84
Infractions
Jan
Feb
Mar Apr
May Jun
Jul Aug Sep Oct Nov Dec
Total
Speeding
17
31
34 59
55
8
28
232
Parking
2
16
4 1
5
8
15
51
Other
23
18
22 86
44
20
26
239
Total
42
65
60 146
104
36
69 0 0 0 0 0
522
Warnings
Jan
Feb
Mar Apr
May
Jun
Jul Aug Sep Oct Nov Dec
Total
Total
70
80
90 109
126
94
86
655
Calls for Service Jan
House Watch
15
False Alarms
17
Assists
19
Suspicious Circumstance
11
Property-Found/Lost
0
Animal Complaints
3
Missing Person
0
Warrant Arrests
4
Other
2
Total
71
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
14
31
32
21
35
38
22
35
25
40
27
60
20
26
21
31
24
31
13
13
10
8
16
15
1
0
2
0
0
2
3
7
3
4
4
3
0
0
1
0
0
0
8
5
2
8
3
2
2
1
2
1
2
2
83
118
98
113
111
153 0 0 0 0 0
Total
186
226
172
86
5
27
1
32
12
747
Page 9
Town of
Hunts Point
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
Town of Hunts Point
2010
Felony Crimes
July
YTD
YTD
Year End
2010
2010
2009
2009
Burglary
0
0
0
0
Forgery (Identity Theft)
0
0
0
0
Vehicle Prowl
0
0
1
1
Theft (over $250)
0
1
2
2
Possession Stolen Prop
0
0
0
0
Drug Violation
0
0
0
0
Auto/Boat Theft
0
0
0
0
TOTAL
0
1
3
3
Misdeameanor
July
YTD
YTD
Year End
Crimes
2010
2010
2009
2009
Assault, Simple
0
1
0
0
Malicious Mischief
10
10
0
1
Vehicle Prowl
0
0
1
1
Theft (Under $250)
2
2
0
0
Possession Stolen Prop
0
0
0
0
Domestic Violence
0
0
0
0
Minor in Possession
0
0
0
0
Drug Violations
0
0
3
4
Total
12
13
4
6
Page 10
MEDINA POLICE DEPARTMENT
Town of Jeffrey Chen, Chief of Police
Hunts Point Yearly Activity Report
•%��� Town of Hunts Point
2010
Felony Crimes
Jan
Feb
Mar
Apr
May
Jun
Jul Aug Sept Oct Nov
Dec
Total
Burglary
0
0
0
0
0
0
0
0
Forgery (Identity)
0
0
0
1
0
0
0
1
Vehicle Prowl
0
0
0
0
0
0
0
0
Theft (over $250)
0
0
0
1
0
0
0
1
Poss Stolen Prop
0
0
0
0
0
0
0
0
Drug Violation
0
0
0
0
0
0
0
0
Auto/Boat Theft
0
0
0
0
0
0
0
0
TOTAL
0
0
0
2
0
0
0 0 0 0 0
0
2
Misdeameanor
Crimes
Jan
Feb
Mar
Apr
May
Jun
Jul Aug Sept Oct Nov
Dec
Total
Assault, Simple
0
1
0
0
0
0
0
1
Malicious Mischief
0
0
0
0
0
0
10
10
Vehicle Prowl
0
0
0
0
0
0
0
0
Theft (Under $250)
0
0
0
0
0
0
2
2
Poss Stolen Prop
0
0
0
0
0
0
0
0
Domestic Violence
0
0
0
0
0
0
0
0
Minor in Possession
0
0
0
0
0
0
0
0
Drug Violations
0
0
0
0
0
0
0
0
Total
0
1
0
0
0
0
12 0 0 0 0
0
13
Page 11
MEDINA POLICE DEPARTMENT
Tom of Jeffrey Chen, Chief of Police
Hunts Point Monthly Activity Report
Hunts Point
2010
Traffic
July
YTD
YTD
Year End
CITATIONS
2010
2010
2009
2009
Driving Under Influence
0
1
5
11
Accidents
0
0
0
3
*Other
3
20
21
34
Total
3
21
26
48
Traffic
July
YTD
YTD,
Year End
INFRACTIONS
2010
2010
2009
2009
Speeding
0
5
0
0
Parking
2
6
0
1
**Other
21
163
168
267
Total
23
174
168
268
July
YTD
YTD
Year End
WARNINGS
2010
2010
2009
2009
Total
17
112
137
178
July
YTD
YTD
Year End
CALLS FOR SERVICE
2010
2010
2009
2009
House Watch
4
15
19
29
False Alarms
8
41
26
46
Assists
3
25
29
46
Suspicious Circumstances
0
10
13
25
Property-Lost/Found
0
0
0
0
Animal Complaints
0
2
1
3
Missing Person
0
0
0
0
Warrant Arrests
1
1
1
8
***Other
0
1
0
0
Total
16
95
89
157
*DWLS; Fail to Transfer Title;No License
**Expired Tabs; No insurance;Fail to
stop;Defective Equipment
***Verbal Domestic; Harassment;
Civil
Dispute;
Trespass
Page 12
MEDINA POLICE DEPARTMENT
Tows of Jeffrey Chen, Chief of Police
Hunts Point YEARLY ACTIVITY REPORT
�✓�� HUNTS POINT
2010
Traffic
Citations
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug Sep Oct
Nov
lee
Total
Driving Under Influence
1
0
0
0
0
0
0
1
Accidents
0
0
0
0
0
0
0
0
Other
1
2
1
2
6
5
3
20
Total
2
2
1
2
6
5
3
0 0 0
0
0
21
Traffic
Infractions
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug Sep Oct
Nov
Dec
Total
Speeding
0
0
2
0
1
2
0
5
Parldng
0
0
0
2
0
2
2
6
Other
17
21
23
23
41
17
21
163
Total
17
21
25
25
42
21
23
0 0 0
0
0
174'
Warnings
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug Sep Oct
Nov
Dec
Total
Total
12
15
20
15
22
11
17
112
Calls for Service
House Watch
False Alarms
Assists
Suspicious Circumstances
Property-Lost/Found
Animal Complaints
Missing Person
Warrant Arrests
Other
Total
Jan Feb Mar Apr May Jun
3
5
0
1
2
0
5
9
2
6
4
7
3
3
3
4
4
5
1
2
2
1
2
2
0
0
0
0
0
0
0
0
0
0
0
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
12
19
7
12
13
16
Jul Aug Sep Oct Nov Dec Total
4
15
S
41
3
25
0
10
0
0
0
2
0
0
1
1
0
1
16
0
0
0
0
0
95
Page 13
CITY OF MEDINA
Office of the City Manager
August 9, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Robert J. Grumbach, AICP, Director of Development Services
Subject: Monthly Development Services Department Report
Planning Commission Meeting Recap:
The Planning Commission held a public hearing for the KEH construction
mitigation plan (No. C-2715) and site plan review (SPR 2010-01). The address is
3313 and 3315 Evergreen Point Road. The proposal includes construction of a
13,900 square foot single family home and up to 5,680 cubic yards of earth
movement. While several written comments were received, there was no oral
public testimony presented at the hearing. After deliberating on the matter, the
Commission voted to approve the CMP and site plan review with staff's
recommendations and by adding conditions for signage and modifying the
construction hours.
The Planning Commission discussed the draft code amendment relating to
wireless communication facilities. After extensive discussions, the Commission
recommended moving the code amendment forward and asked staff to prepare a
memorandum summarizing their discussion to accompany the recommendation.
Hearing Examiner Decisions:
The hearing examiner held a public hearing on the KEH shoreline substantial
development permit (SDP 2010-01). The address is 3515 Evergreen Point
Road. No public testimony was presented at the hearing. A decision is
expected in early August.
Land Use Administrative Decisions:
A Determination of Nonsignificance (DNS) was issued for the Angier proposal
to demolish an existing residence and construct a new single-family dwelling
involving approximately 1,036 cubic yards of excavated material and 602 cubic
yards of fill material. The project includes installing 35 linear feet of 12-inch
storm drainage piping in the right-of-way. The address is 7739 N.E. 81h Street.
A Determination of Nonsignificance (DNS) was issued for the Brotman
proposal involving site excavation and grading of approximately 132 cubic
yards of earth and import of approximately 278 cubic yards of earth. The
address is 7933 Overlake Drive West.
Page 14
Land Use Decisions Issued For 2010:
Type of Decision
2010 YTD
Variances/ Minor Deviations
2
SEPA
4
Conditional Uses/ Special Uses
3
Substantial Development Permit
3
Lot Line Adjustments
2
Short Subdivisions
0
Site Plan Reviews
0
Wireless Facilities
0
Land Use Applications Received in July:
Case Number Description of Permit Location
None
Building/ ROW Permit Applications Received — Jul 1 through Jul 22, 2010:
Building Permits: 1
Grading/ Drainage 0
Demolition Permits: 0
Fence: 1
Mechanical: 2
Reroof: 0
Fire Sprinkler: 1
Right-of-way Permits 2
Building Permits Issued in June 2010: See Attached.
Other Items of Interest:
Delay Implementation of Permit Tracking Software. Paladin Data Systems recently
announced that they will be upgrading their permit tracking software to a new
product called SmartGOV. Of particular significance is that the new software will
be moving from an Oracle Database to a Microsoft SQL Server. Paladin said the
new software will include functions found in the existing software plus new features
that will be added.
Because the City has not yet implemented our new permit tracking software,
Paladin offered the City three options: (1) Staying with the existing system, which
is stable and known, but will eventually be discontinued; (2) Implementing the
existing system and then migrate to the future system next year, which has the
least impact, but has potential additional costs; or (3) Move directly to SmartGOV,
which will have no additional cost, but will take longer to implement and likely have
typical new software issues. The City chose Option 3 as making the most long
term sense. Paladin plans to test SmartGOV in another jurisdiction by the end of
this year and will likely implement the new software in Medina early next spring
(February/ March).
2
Page 15
SR-520 Bridge Replacement Possible Construction Schedule. On July 29, staff
attended an SR 520 agency coordination meeting that included discussion about
construction of the East Approach. Of particular interest was the presentation on
the proposed construction sequence, which is summarized as follows:
Year One - Construct temporary work bridges to support construction
of the east approach
- Construct Maintenance Facility
- Install anchors and first pontoons
Year Two - Continue construction on Maintenance Facility
- Complete installation of pontoons
- Construct pier columns
- Begin superstructure construction
Year Three - Finish superstructure construction
- Open bridge to traffic
- Remove existing bridge
- Remove construction -related structures
Attached to this report are the diagrams presented at the meeting showing the
proposed sequence of construction.
SR-520 Variable Tolls to Begin. A tentative date of March 19, 2011, has been
established to start collecting tolls on the SR 520 Bridge. An all -electronic tolling
system will be utilized. Starting January 18, mobile customer service stations will
be stopping in communities to help people set up tolling accounts. There will also
be permanent customer service stations operating as well. Staff is working to
schedule a mobile customer service stop in Medina either on March 15 or 16,
2011.
707 Overlake Drive East Zoninq Designation. At the July 12 council meeting, Mr.
Arthur Dietrich testified during a public hearing that his property was rezoned
without his knowledge and that there was an error in the zoning. Staff researched
Mr. Dietrich's comments and found that this matter was previously raised in 2005.
City staff here at the time researched the matter. The City Manager, Doug
Schulze, summarized the City's finding in a letter to Mr. Dietrich dated June 17,
2005, which is attached to this report. In summary:
In 1956, the Planning Commission recommended that newly annexed land to
the City, which included 707 Overlake Drive East, be zoned R-16, except for
those lands between Overlake Drive East/ West and Lake Washington (these
were zoned R-20). The City Council followed the Planning Commission's
recommendation and adopted the zoning by Ordinance 23.
In 1964, the City changed from using legal descriptions to define zoning
boundaries to adopting an official zoning map. The zoning map in 1964 shows
Mr. Dietrich's property zoned R-16. In fact the record indicates that except for
one month in 1961, where the zoning was accidentally omitted by an
ordinance, the property has continued to be zoned R-16. There is no indication
of an error.
Page 16
However, it is worth noting that while the R-16 zoning designation has remained
unchanged, the zoning bulk standards have been amended and changed over the
years. This is discussed in Doug's letter. These code amendments have led to
increasingly more restrictive regulations, which have affected Mr. Dietrich's
property as well as anyone who owns R-16 zoned property.
4
Page 17
Permit Report
June, 2010
2010
2009
Current
Current
2010
2009
Month
Month
YTD
YTD
Difference
Construction Value
New Construction
0
1,475,000
0
4,985,000
($4,985,000)
Permit Renewals
0
2,375,000
34,461,000
9,010,500
$25,450,500
Addition / Alteration
14,000
933,500
845,450
3,153,355
($2,307,905)
Accessory Structure
114,850
600
437,850
56,300
$381,550
Repair/ Replace
0
0
121,520
55,980
$65,540
Fence/Wall
19,000
0
88,300
731,079
($642,779)
Mechanical
N/A
N/A
N/A
N/A
N/A
Fire Sprinkler
0
0
52,460
37,011
$15,449
Wireless Comm Facility
0
0
0
0
$0
TOTAL VALUE
$147,850
$4,784,100
$36,006,580
$18,029,225
$17,977,355
Permits Issued
New Construction
0
1
0
3
(3)
Permit Renewals
0
1
8
6
2
Addition / Alteration
1
5
6
13
(7)
Accessory Structure
3
1
13
7
6
Fence/Wall
1
0
5
13
(8)
Demolition
0
1
1
10
(9)
Grading/Drainage
1
2
8
8
0
Tree Mitigation
1
1
6
8
(2)
Mechanical
3
9
27
28
(1)
Fire Sprinkler
0
0
5
4
1
Reroof
1
0
3
2
1
Repair / Replace
0
0
3
3
0
Right -of -Way Use
7
7
33
32
1
Construction Mitigation
0
4
0
9
(9)
Wireless Comm Facility
0
0
0
0
0
TOTAL PERMITS
18
32
118
1 146
28
Inspections
Building
20
37
202
246
(44)
Construction Mitigation
2
2
17
18
(1)
Grading/Drainage
7
17
40
71
(31)
Tree Mitigation
4
3
27
40
(13)
Right -of -Way
0
18
72
133
61
TOTAL INSPECTIONS
33
77
358
508
150
Page 18
July 29, 2010
54
• Construct work bridge
• Construct drilled shafts
• Construct sheet piles for cofferdam around shafts
• Construct Maintenance Facility
In instances where figure and notes disagree, the notes supersede the figure's depiction of
effects
Data is based on work in progress and is
preliminary Page 19 54
July 29, 2010
A# t, r, ; , ,,sty •,,., a� .. ,. ..
55
• Complete cofferdam
• Construct mudline footing (shaft cap below mudline)
• Construct pier columns
• Install falsework piles
• Begin superstructure construction
In instances where figure and notes disagree, the notes supersede the figure's depiction of effects
Data is based on work in progress and is
preliminary Page 20 55
July 29, 2010
56
• Finish superstructure construction
• Remove falsework
• Open bridge to traffic
• Remove existing bridge
• Remove work bridge
In instances where figure and notes disagree, the notes supersede the figure's depiction of effects
Data is based on work in progress and is
preliminary Page 21 56
July 29, 2010
57
Data is based on work in progress and is
preliminary Page 22 57
July 29, 2010
Ar Ln aea 58
Stormwater
• East Approach Bridge drainage that flows to Floating Bridge will be treated in
accordance with AKART recommendations.
• Facility K will be constructed adjacent to Maintenance Facility parking lot to treat
some of East Approach as well as access road and parking lot.
• Outfall is intended to be above lake level but discharge channel will need to
extend to winter time lake level (16.72').
In instances where figure and notes disagree, the notes supersede the figure's
depiction of effects
Data is based on work in progress and is
preliminary Page 23 58
501 EVERGREEN POINT ROAD - P.O: BOX 144 - MEDiNA, WA 98039-0144
TELEPHONE 425-233-6400 - FAX 425454-8490 - www.medina-wa.goy
June 17, 2005
Arthur and Rose Marie Dietrich
707 Overtake Drive East
Medina, WA 98039
RE: Zoning of Property
Dear Mr. and Mrs. Dietrich:
Your correspondence dated June 1, 2005, has been reviewed. The information provided with
your June 1 correspondence does not indicate that the property was included within the R-20
zoning district, at anytime.
Zoning Designation At Time of Annexation
The map you included with your June 1, 2005 lefter, marked as Attachment S, is a King
County map. The City of Medina has never used the R-1 zoning classification. Ordinance No.
5, adopted August 29, . 1955 and effective September 7, 1955, was the first land use
ordinance adopted by the City of Medina. Ordinance No. 5 established two residential land
use classifications for the entire city. The R — 3/4 District established minimum lot sizes of 3/4
acre (approximately 30,000 square feet) for all land west of Evergreen Point Road, north of
N,E. Ve Street, and south of Overtake Drive West to its intersection with 841i Avenue N.E.
The R — 3/8 District established minimum lot sizes of 318 acre (approximately 16,000 square .
feet) for all land not classified as R 314. None of the land east of 84"' Avenue N.E., including
the waterfront properties along Overtake Drive East, was part of Medina at this time.
A land use classification equivalent to the current R-20 District was first established by
Ordinance No. 16, which was adopted after the City Council annexed the land platted as
Kenwood Park. Kenwood Park Plat was annexed to the City of Medina by Ordinance No.15,
which did not establish the land use classification for the annexed land. Ordinance No. 16,
adopted December 5, 1955, created three residential land use classifications (R-16, R 20',
and R-30).
Ordinance No. 16 did not include the land annexed by Ordinance No. 15 within the definition
of any land use classification. On March 5,1956, the Medina City Council adopted Ordinance
No. 23, which repealed Section 6 of Ordinance No. 16 and was specifically intended to
.redefine land ltse districts under the zoning ordinances of the City of Medina to include an
annexed area.and to permit regulation of land use therein ..."
The language found in Ordinance No. .23 is the same as the language of Ordinance No. 16,
Section 6, except for the final paragraph of Ordinance No. 23, Section 3 (R-16 Land Use
District Defined), which reads: "All that portion of the City of Medina lying within sections 30
and 31, township 25 north, Range 5 east, W.M. except so much thereof as lies between
and the final paragraph of Section 4 (R-20 Land Use District Defined),
Page 24
Page 2 June 17, 2005
which reads: "AII that portion of the City of Medina lying within sections 30 and 31, Range 5
east, W.M. which lies between Overlake Drive (known in Portions also as N.E.1st and
M.F. Wright Road No. 1Q14) and Lake Washington". This language clearly designates the
different land use classification for property between Overlake Drive and Lake Washington.
Minimum Lot Size Prior To September 1965
The original owners, Mr. and Mrs. Matheson, did not subdivide Block 11 of Kenwood Park.
The parcel of property described in the Statutory Warranty Deed (Attachment C to your June
1, 2005 letter), dearly defines the real estate to include lots 6 —12. The typical lot in Block 11
of Kenwood Park is 33 feet wide by 100 feet deep or approximately 3,300 square feet. Lots
11 and 12 are considerably smaller. The three parcels created by consolidating the small lots
are all greater than 20,000 square feet, but not because of the minimum lot size. Although
sufficient land is available to create four 16,000 square foot lots, it would not be possible to
meet the minimum lot frontage requirements (70 feet) with four lots.
Setback and Height Reguiations 1968
Setbacks and height restrictions established by Ordinance No. 16 were as follows:
District.
Front
Back
Side
Height
R-16-
30'
30'
10,
39
R 20
30'
31Y
10,
30'
R-30
30'
30'
10'
30'
The setback and Might regulations established by Ordinance No. 16 did not change until
February 9, 1976, when the City Council adopted Ordinance No. 314. Therefore, when your
house was belt in 1968, the setback and height regulations were the same in all three land
use districts. If your house was built to a height exceeding 30 feet measured from the highest
point of finished grade, it would have been nonconforming whether it was located in the R-
16, R 20 or R 30 district. It is important to recognize that the height measurement is from
finished grade, which can be significantly different than a measurement from the highest point
of original grade.
Ordinance No. 314 introduced what is known as the 39/36' building height regulations. The
ordinance did not change the setbacks and allowed the 30'/36' building height in all three land
use districts. The change in the measurement of building height was intended to address
sloped lots by allowing a maximum building height of 30' measured from the highest point of
the original grade at the building's wall to the highest point of the roof proper, but not more
than 36 measured from the lowest point of original grade at the building's wall to the highest
point of the roof proper. This ordinance also changed the measurement from finished grade
to original grade.
The variance granted to you in 1983 was for the purpose of extending an existing deck and
reducing the setback to 25 feet. In 1983, a variance for the deck extension would have been
required whether your property was located in the R-16, R-20 or R-30 land use district.
Attachment E to your June 1, 2005 letter does not show or reference any land use
classification whatsoever.
Page 25
• Page 3 June 17, 2005
1 have also come across two ordinances, which: further demonstrates the land use
classification for your property Is correctly shown as R-16. Ordinance No. 115, adopted on
May 8, 1961, amended Sections 3 and 4 of Ordinance No. 23 .and Section 5 of Ordinance
No. 66 reclassifying certain land between residential land use districts. When this ordinance
was adopted, the definition of the R-16 Land Use District was changed resulting in eliminating
references to all of the land in Section 30 and 31. However, at the next City Council meeting
on June 12, 1961, the City Council adopted Ordinance No. 117, which is described as, "An
Ordinance amending Section 1 of Ordinance No. 115 supplying an omitted portion of a legal
description."
The omitted portion of a legal description found in Ordinance No. 117, which Is not found in
Ordinance No. 115 states:
"AA that portion of the City of Medina lying west of 7e Avenue
Northeast; south of a line drawn 800 fleet, north of the south
line of Government lot 2, section 25, township 25 north, range .
4 easy W.M.; and north of a line drawn 160 feet, north of the
south line of Government Lot 2, section 25, township 25 north,
range 4 east, W.M.
All that portion of the City of Medina lvina_ within sections 30
and 31, township 25 north Rance 5 east W M except so
much thereof as lies between Overtake Drive tknown in
portions also as M.E. 1f and M.F. Wright Road No. 1014i and
Lake Washington."
Finally, I have reviewed the land use maps found in'the Comprehensive Plans from 1994 and
1999, which show your property to be located within the R-16 Land Use District. At this point,
I have reviewed all relevant ordinances dating back to 1955 and numerous land use maps. In
my review of this matter, I have found no record showing that your property has at anytime
since annexation to the City of Medina been classified within an R-20 Land Use District. In
fact, my research demonstrates that City of Medina records have consistently shown your
property to be classified within an R-16 Land Use District.
am confident that all reasonable efforts have been made to research this matter. A
considerable amount of City resources have been committed to your request and h have
found that the current zoning map and Comprehensive Plan are correct and consistent with
City records.
Si rely,
941glas J. Schulze
City Manager
Enclosures
Cc: Mayor and City Council
Joseph Gellings, Director of Development Services
Wayne Tanaka, City Attorney
File
Page 26
CITY OF MEDINA
Office of the City Manager
August 4, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Joe Willis Sr., Director of Public Works
Subject: July 2010 Public Works Report
1. Since the City Council rejected all bids for the City Hall Expansion and Renovation
Project on June 12tn, staff and design consultants initiated a Value Engineering (VE)
evaluation to determine where and if cost savings could be realized by re -design or
a change in materials, systems, or by substitution of other products. Those potential
items identified in the VE evaluation were discussed with the Council Facilities
Committee and it was felt that any changes that resulted in substantial savings also
resulted in reduction in quality and or function and therefore the Committee did not
recommend any major changes in the design or materials.
Concurrent with the VE evaluation, the consultants were instructed to incorporate
Addendum No. 1 changes from the initial project bid documents into a new bid
document set and to eliminate all of the alternative bid items. In this manner, the bid
documents should be clearer and easier to understand during re -bidding.
The project will be re -advertised for bids on August 10tn, bids will be opened on
September 2"d, and Council may consider award of the contract on September 131n
2. Meetings and discussions with St Thomas Church representatives have resulted in a
better understanding of the joint use of the site by both parties and substantial
agreement on the terms of the lease. The draft lease agreement is in the Council
packet for August 9th under item OB-4.
Upon approval of the lease, site improvements will need to be accomplished prior to
the placement of the modular offices. The current schedule is as follows:
o Obtain Council authorization for the City Manager to complete negotiations
and sign the lease agreement
o Receive final approval and signatures by Church Officials
o Prepare the site for the modular offices including added parking stalls
(estimated two weeks)
o Move in and set up the modular offices (estimated three days)
o Move to the offices
At this time, I am preparing requests for utility services from PSE, Comcast, and the
City of Bellevue in order for those services to be ready for installation upon approval
of the lease, and working with contractors on methods to minimize and limit
construction impacts on traffic for the School and the Church.
Page 27
3. Councilmember Nelson, City Manager, and Public Works Director continue to
discuss the SR 520 Eastside Project Points Communities jurisdictional agreements
with WSDOT staff. At the last meeting on June 8th, WSDOT representatives
requested that the City provide comments on the proposed partnering agreements
for technical coordination of the project prior to and during the Design -Build stage of
the project (GCA 6495). WSDOT requests that one representative be appointed to
serve as a technical coordinator for each City. Approval of the agreement (GCA
6495) is still in negotiation and will be brought to the Council in September.
Subsequent agreements defining maintenance responsibilities and cost sharing will
be brought to the Council for approval as they are finalized.
4. The Public Works crew has focused on park and roadside maintenance. Brush
removal is continuing along the west portion of 84th Avenue NE adjacent to the golf
course. Banners for Medina Days have been put up and preparations for our annual
Medina Days celebration are well underway. We look forward to fun activities, thank
all of the volunteers who have worked so hard it, and wish everyone a joyous time.
2
Page 28
Part 150 Noise Compatibility Study
City of Medina Update
June - July, 2010
Submitted by Allyson Jackson
Activity:
Continued correspondence and conversations with Stan Shepherd, Port of Seattle Noise Manager and Rob Adams, Landrum
and Brown Consultant Part 150 Study Leader with the following results:
1. Commitment that Medina's concerns will be included in the Fly Quiet Program evaluation portion of the Part 150
study:
a. South Flow non-compliance (Is there a way to decrease the number of arriving flights that cut the corner
and fly over Medina?)
b. Review of current location of North Flow East Turn departure flight track compared to Four Post Plan
(Four Post Plan shows the East Turn as predominantly over open water between Mercer Island and
Medina but current flight tracks show the track is predominantly over Medina.)
c. Increase the number of daytime departure flights that utilize the Duwamish Industrial Corner.
Discussion and Action: The Port did not officially respond to Mayor Jordan's May 271h letter requesting that
these issues be included in the Part 150. Even though Stan Shepherd has committed (verbally and via email) that
they will be, I have requested an official response from the Port to the City.
No City action required at this time.
2. Commitment from Stan Shepherd to hold a working session in late October (tentatively Oct 27 or 28) with
representatives from the Medina City Council and staff, Port of Seattle, FAA and Part 150 consulting team to
discuss Medina's concerns (above) and potential solutions.
Discussion and Action: The proposed meeting with the Port and FAA provides an unprecedented opportunity to
work directly on the noise issues that impact Medina. Although the Port has the responsibility of monitoring and
managing noise, the FAA has responsibility and ownership of all flight track implementation. The FAA does not
report to the Port. Therefore, when the City complains to the Port, they can track the concerns but they cannot
implement any changes nor mandate that the FAA implement changes. Historically it has been difficult to get the
FAA to the table to work together with the City and the Port. My recommendation is that we take advantage of this
excellent opportunity to enter into a positive working relationship with all parties. Working Session attendance
recommendation:
• Mayor Jordan to establish credibility and convey the appropriate level of importance that this issue carries
• 2 additional Council Members who have some history with the issue. I can provide a briefing prior to the
meeting.
• City Manager or staff representative
• myself
• Bob Rudolph for his historical expertise
City of Medina action:
• Determine availability of council members for tentative Oct 27th or 28th meeting date and notify Allyson
Jackson as soon as possible.
• Determine potential locations: The Port has invited the City to their offices at SeaTac because the Part 150
consultants will be in town for Part 150 meetings and they are tightly scheduled. In addition, it is easier to get
the appropriate FAA officials to attend at SeaTac. However, the Port is willing to work with the City on an
acceptable location. Please notify Allyson Jackson if you can consider a meeting at SeaTac, if the meeting needs
to be in Medina, or if you can consider a public facility location (such as a library) between SeaTac and Medina.
8/4/2010 Part 150 City Council Update page 1 of 9
Page 29
3. Commitment by the Port to send the City of Medina quarterly South Flow arrival compliance reports which shows
numbers of flight that are flying over Medina outside the noise abatement corridor. Donna Hanson received the
first of these reports in early July.
Discussion and Action: I recommend that the City track the compliance reports and provide an annual review to
the council. The purpose is to monitor whether compliance is worsening and if so, does it appear that the track is
being shifted and established over the City of Medina.
No City action required at this time.
4. Completed a History of Aircraft Noise over Medina summary that the City can utilize to update and educate citizen's
that call in to complain about jet noise. (attached)
Discussion and Action: I recommend that the History ofAir Traffic over Medina be sent out to citizens that call in
requesting information about air traffic or complaining about jet noise. In addition, a link to this document could
be added to the City of Medina website. Finally, include a Part 150 update in the next City newsletter and include
a link to this document
City Action: Determine the best way to make this information available to the public
5. Attended a Part 150 Technical Review Committee Meeting and noise modeling session.
Discussion and Action:
No city action required at this time.
8/4/2010 Part 150 City Council Update page lof 9
Page 30
History of Air Traffic over Medina
(as of July 2010)
The following information has been compiled and summarized from files and records gathered and maintained by Dr. Robert
Rudolph, former President of ECAAN (Eastside Citizens Against Aircraft Noise) and former Medina City Council Member, and from
FAA, Port of Seattle and SeaTac documents and websites. Where possible this information has been gathered from official
documentation. in other cases, it is based on conversations and memories of individuals involved overtime. This is a best effort
to summarize the history of air traffic over Medina but not a guarantee that it is free from errors and omissions.
Current Fight Track Description:
Sea-Tac Airport utilizes two departure/arrival procedures: North Flow and South Flow.
North Flow (Exhibit A) occurs when the wind is from the north and departing flights take off to the north
into the wind. This condition occurs about 40% of the time, typically on sunny days in the summer. During
the daytime hours (6 am —10 pm), the majority (about 75%) of these departing flights utilize the "East
Turn". The East Turn is a FAA procedure which designates that north flow departing flights must travel a
minimum of 8 nautical miles (NM) north of the airport and reach a minimum of 4,000 feet before they turn
east toward their final destination. Currently, most of these flights reach 4000 feet by the 8 NM marker but
don't actually initiate their turn until about 9 to 11 miles north of the airport marker and as a result they
turn over Medina. In 1990, about 110 jets per day utilized the East Turn and by 2000, this had increased to
220 flights. During nighttime hours (10pm to 6 am), the FAA has imposed a curfew on the East Turn so that
all north flow departures turn west shortly after take off, fly out the Duwamish Industrial corridor to the
Puget Sound and then continue south or turn east north of Magnolia depending on their final destination.
This relieves Medina and other Eastside residents of nighttime aircraft disturbances.
South Flow (Exhibit B) occurs when the wind is from the south or the wind is neutral and departing flights
take off to the south. This condition occurs about 60% of the time. South Flow departing flights do not
impact Medina. However, during South Flow, some arriving flights impact Medina. FAA procedures require
that all South Flow arriving flights must approach the airport from the North and flights arriving from the
east and south must be in position at or north of SR 520 at Husky Stadium before turning for their landing
approach. Therefore no arriving jets should be over Medina. Currently, there are a number of flights that
do not comply with this procedure. Instead they cut the corner, fly outside the Noise Abatement Corridor
and turn over Medina. These arriving flights are not in compliance with written FAA procedure and the
currently operative FAA Environment Assessment (EA) nor are they subject to curfew, so many of them are
heard late at night or in the very early morning hours.
8/4/2010 Part 150 City Council Update page 1 of 9
Page 31
Historical Perspective:
When SeaTac was first opened, North Flow departures all left the Puget Sound area via the Duwamish
Industrial Corridor. There was not an East Turn at that time.
Late 1970's: In response to the energy crisis, the East Turn procedure was implemented to reduce fuel
consumption for jets bound for eastern destinations only. There were restrictions applied to limit the
number of flights that could take the East Turn. Eastern bound aircraft had to achieve 5000 feet in altitude
before reaching a marker 8 NM north of the airport in order to be allowed to make the East Turn. If the
planes were unable to achieve this altitude in time, they could not turn east but had to turn west down the
Duwamish Industrial Corridor. It was estimated by the FAA that only 20% or less of jets could achieve 5000
feet by 8 nm and therefore very few flights (estimates indicate about 20/day) flew the East Turn.
Between late 1970's and 1986: Without any public notification, the FAA lifted some of the restrictions for
North Flow departing flights taking the East Turn. First, the FAA reduced the altitude requirement from
5000 to 4000 feet allowing more eastern destination planes the ability to take the East Turn. Then later
they allowed eastern bound planes to make the East Turn whenever they made 4000 feet as long as they
had already passed the 8 NM marker. Finally, again without public notification, the FAA added all
southwest bound and LA basin bound flights to the East Turn. From this time on, the only flights left
utilizing the Duwamish Industrial Corridor in the daytime hours were flights to Asia, Alaska, Hawaii,
Portland and SF. Throughout this time, planes taking the East Turn turned roughly along the 1-90 corridor,
south of Medina.
1987: Port of Seattle sponsored an "Over -Flight Committee" to look at ways to reduce jet noise over
residential areas. To decrease the concentration of jets on the East Turn, this committee proposed a
"scatter test" where East Turn departures were directed to turn east at various distances from the airport.
Even though more areas were impacted by the jet noise, the hope was that reducing the number of flights
over any one area would be better than concentrating it all over one community. The "scatter test" was
well publicized and Mercer Island organized to ensure that their residents generated many complaints.
Even though a Noise Perception Study by the Gilmore Research Group commissioned by the Port concluded
that "the new scatter pattern has no effect on the perceived levels of aircraft noise, regardless of
geographic location", the Over -Flight Committee voted against implementing the scattered departures as a
permanent solution.
After the scatter plan was abandoned, citizens from the north end of Mercer Island petitioned the FAA
SeaTac Tower Director to keep all planes on a 070 heading until they reached the Paine 143 radial to
eliminate "encirclement" of the north end of the island. The FAA approved their request and as a result,
the East Turn flight track was shifted north, negatively impacting Leschi and Madrona, on the west side of
Lake Washington, and Medina, Clyde Hill and central Bellevue on the east side.
1988-90: Medina participated in a noise mediation process sponsored by the Port of Seattle. This was a
consensus process which required all communities involved to agree on appropriate measures. No
agreement could be reached on flight track changes and the issue was left to the discretion of the FAA.
Medina's representative did sign the mediation agreement (which did not include any East Turn flight track
changes) because of an area wide desire to move ahead and implement other non -flight track related
measures that had been agreed to and because the FAA Regional Director assured him that once the
8/4/2010 Part 150 City Council Update page 1 of 9
Page 32
mediation process was completed, he would "tighten up" the East Turn to get it over the open water
between Medina and Mercer Island.
1990: The FAA implemented the Four Post Plan to improve arrival capacity, safety and efficiency at SeaTac.
During the process, which required an Environmental Assessment (EA), the FAA proposed that East Turn
departures be divided into 2 pathways. The earlier turn was to be over the 1-90 corridor and the later turn
was to be just north of Medina. In response the Mercer Island Council retained the Cutler Stanfield law
firm, an aviation specialty law firm from Washington D.C., who argued that the East Turn could not be
shifted without a full Environmental Impact Study (EIS) (even though a few years earlier Mercer Island
residents had successfully petitioned that the flight track be shifted off the north end of the island.) As a
result, the split turn option was not included in the final EA. The final EA however does show the East Turn
as predominantly over the open water between Mercer Island and Medina. Unfortunately the
implementation of the East Turn has continued to be predominantly over Medina.
The final Four Post Plan EA was approved with the FAA's finding of "No Significant Impact" and therefore an
Environmental Impact Statement (EIS) was not required. This FAA determination of "No Significant Impact"
was challenged in the courts by Seattle residents who were placed directly under a concentrated arrival
stream of jets for the first time, but ultimately the EA was upheld because the FAA argued that the
proposed changes did not increase the DNL (noise) measurement in any geographic area to 65 or above.
DNL is a federally approved noise measurement used by the FAA. Anything above the 65 DNL threshold is
considered non -compatible with residential, school, church etc type land uses. Anything below 65 DNL is
not considered significant.
1991-1993: Dr. Rudolph continued to pressure the FAA to follow through on getting the planes over the
open water corridor. The FAA experimented with changing aircraft headings on the East Turn to get the
planes over the open water but did not execute any changes.
The FAA assured Dr. Rudolph and the Medina City Council that a computerized flight management system
(FMS) on the East Turn would achieve the open water goal. The Port of Seattle Noise Abatement Office
prepared a noise contour model which showed that placing departures over the open water corridor
between Medina and Mercer Island using this FMS procedure would result in significant noise reductions in
Medina with no negative impact on other populated areas.
1997: FMS was finally implemented. When FMS was implemented, only the newer planes were equipped
with the updated cockpit technology and those that had it, were not required to use it. As a result, very
few planes used FMS and so the East Turn remained predominantly over Medina. In December of 1997,
Medina requested that the "Boston Patch" be implemented. This is a software system that requires use of
FMS by all aircraft that have the equipment. A year later, the FAA informed Medina that it was
implemented, but flights over Medina did not decrease.
1998: FAA SeaTac Tower Director, Dan Boyle, informed Dr Rudolph that a change would be made in the
East Turn departure procedure for planes not equipped with FMS to get those planes over the open water.
This would be accomplished by giving those planes a 100 degree heading when they neared the middle of
Lake Washington. This proposed change was never implemented.
8/4/2010 Part 150 City Council Update page 1 of 9
Page 33
1999-2000: The Port of Seattle sponsored a Part 150 SeaTac Noise Abatement Study with FAA participation.
Part 150 Studies are the federally mandated mechanism for community input into airport noise issues and
policies and are required for airports to receive federal funding for noise mitigation activities. Part 150
studies deal with all aspects of noise generated by airports including flight tracks. The flight track
component of this study became highly contentious and political. Dr. Rudolph (then President of ECAAN)
was on the Part 150 Citizen's Advisory Committee. During the course of the study, both the Part 150
Citizens and Technical Advisory Committees (composed of citizens and professionals from the entire Puget
Sound Regions) voted unanimously that the status quo East turn was not acceptable. They recommended
that the Duwamish Industrial Corridor be studied to determine whether it could safely handle additional
aircraft and that the East Turn be split in order to disperse the aircraft over multiple residential areas rather
than concentrate it. ECAAN and CANE (Citizens for Airplane Noise Equity) heavily lobbied federal, state and
local officials for support on this issue. At the completion of the study, the Port of Seattle did agree to
study greater use of the Duwamish. However, they ignored the Citizen and Technical Advisory
Committees' recommendations to disperse the East Turn flight traffic based on assertions that the Port of
Seattle has a policy of not shifting noise to other residential communities. Even though ECAAN and CANE
requested that the Port provide documentation of this policy, it was never provided. ECAAN hired the
Patton Boggs Law firm, aviation specialists, from Washington D.0 to review the Port's evaluation of the Part
150 flight track data and they found the Port staff's conclusions to be "flawed, incomplete, inaccurate and
misleading." At ECAAN's request, the City of Medina hired the Williams Aviation Consulting firm to review
the potential of increased use of the Duwamish Corridor for departing jets from SeaTac. Their analysis
determined that the Duwamish corridor could safely and efficiently handle many additional flights. This
data was provided to the Port of Seattle.
CANE and ECAAN filed a lawsuit against the Port of Seattle for violating the State Environmental Policy Act
and federal Part 150 regulations by failing to study all options to reduce aircraft noise over Puget Sound
neighborhoods. The lawsuit was ultimately unsuccessful because the judge ruled that this was a legislative
and not a judicial issue.
2001: The Port of Seattle announced that "shifting more flights over the Duwamish is not a viable option
because of an FAA determination that doing so could impact aviation safety and airspace capacity."
Medina residents noticed an increasing number of South Flow arriving jets flying outside the noise
abatement corridor, directly over Medina.
2002-2010: City of Medina works with the Port of Seattle Noise Abatement Office and FAA to improve
compliance of South Flow arrival flights.
2010: Port of Seattle begins another Part 150 Noise Abatement Study. Allyson Jackson is hired to
represent the City's interest in the study and provide recommendations to the Council on aircraft noise
issues.
Port of Seattle agrees to add the following City of Medina concerns to the Part 150 Study:
• South Flow arrival flight track compliance to keep arriving flights in the noise abatement corridor
outside of Medina
• Feasibility of increasing the use of Duwamish
• Reviewing the location of the East Turn as outlined in the Four Post Plan vs. where it is today.
8/4/2010 Part 150 City Council Update page 1 of 9
Page 34
What can Medina residents do:
Attend the Part 150 meetings. The Part 150 process is influenced and priorities are established by
input from citizens. The meetings are well attended by those that live in communities adjacent to
the airport and therefore, those issues appear to be of highest concern. If you are bothered by
aircraft noise, you need to come to the meetings and share your concerns. Meeting dates and
information are published at: www.airportsites.net/sea-part150. For questions please contact
Allyson Jackson at abjack5@comcast.net
Let the City of Medina know that you are bothered by aircraft. The City Council Members want to
represent the issues important to the public. If they don't hear about your concerns, they won't
know your priorities.
Call the SeaTac noise complaint hotline 206-433-5393 whenever you are bothered by noise. It
seems like it does not have an effect but they do keep track of this data. If no one calls, they have
no reason to believe they have a problem
Additional Information Available:
Port of Seattle:
• Noise Abatement website: This website provides complete descriptions and links to all of SeaTac's noise abatement
programs. www.portseattle.org/community/environment/noiseabatement.shtmI
Noise Programs 2008 Annual Technical Review: This annually published document provides a good review and
summary of SeaTac's noise abatement programs.
http://www. portseattle.0rg/downloads/community/environment/noise-a nnualtechnicalreport-08. pdf
• To automatically receive AirMail, a Port of Seattle publication with airport specific program information and notification
of upcoming community meetings visit www.portseattle.org/community/development/
• To monitor flight tracks or specific flights on any day at any time, visit WebTrak at
www.portseattle.org/community/environment/noise.shtmi. This is a real-time software application that allows you to
see (with about a 15 minute delay) exactly what flights are flying where. The site holds 30 days of historical data.
FAA 2010 Part 150 Noise Compatibility Study:
• Project Website: This website provides all meeting dates and locations, meeting agendas and summaries and complete
background information on 2010 Part 150 Noise Abatement Study. It is constantly updated. www.airportsites.net/sea-
ap rt150
• Part 150 input and comments can be sent to: SEApartl50-comments@landrum-brown.com
SeaTac Contact info:
• SeaTac Noise Abatement Office email: noiseabatement@portseattle.ore
• Noise Complaint hotline: 206-433-5393
City of Medina Contact Information:
• City of Medina Council Members: go to this website and follow the link to easily send an email to the entire council.
www.medina-wa.gov
• City Manager: Donna Hanson dhanson@rnedina-wa.gov. Donna can forward emails to the entire council as well.
8/4/2010 Part 150 City Council Update page 1 of 9
Page 35
Exhibit A: Sample Day of North Flow Departures (Green lines) Note that the 8 NM mile marker (not shown on the
map) is just north of the north tip of Seward Park.
Ms. Allyson Jackson
North Flow Departures
5/16/10
8/4/2010 Part 150 City Council Update page 1 of 9
Page 36
150.1 N
I
low--
ITEM CA-1
DRAFT
MEDINA CITY COUNCIL
SPECIAL MEETING MINUTES
Medina City Hall Council Chambers
July 12, 2010; 5:00 pm
CALL TO ORDER
Bret Jordan called the July 12, 2010 Special Meeting of the Medina City Council to
order at 5:07 pm.
ROLL CALL
Council Members Present: Pat Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson,
Katie Phelps, and Shawn Whitney
City Staff Present: Donna Hanson, City Manager; Bruce Disend, City Attorney,
Kenyon Disend; Joe Willis, Public Works Director; Robert
Grumbach, Development Services Director; Nancy Adams,
Finance Director; and Pamela Greytak, Administrative Assistant
2010 Budget Review Format (5:08 pm)
Hanson summarized proposed budget format and answered council inquiries. Council
supported the budget format as presented.
Gateway Design Concepts for Lake Washington Blvd & NE 12th Street (5:15 pm)
Consultant, Colie Hough -Beck representing Hough Beck and Baird Landscape Company
presented design options for Medina's gateway. By consensus, council determined their
preference for a design that included lights and low maintenance landscaping, they asked
that Ms.Hough-Beck return with applicable illustrations for future review.
Streetscapes Policies and Standards (5:38 pm)
Willis summarized key information regarding street standards and answered council's
inquiries. Council directed staff to explore design standards for the city's arterials.
ADJOURNMENT
MOTION JORDAN AND SECOND WHITNEY TO ADJOURN THE JULY 12, 2010
SPECIAL MEETING AND MOTION CARRIED 7-0 AT 6:03 PM.
The July 12, 2010 Special Meeting of the Medina City Council adjourned at 6:03 pm.
The Medina City Council will hold its next Special Meeting on Monday, August 9, 2010, at
5:00 pm.
Bret Jordan, Mayor Attest:
Pamela Greytak, Administrative Assistant
Page 38
MEDINA CITY COUNCIL
REGULAR MEETING MINUTES
Medina City Hall Council Chambers
July 12, 2010, 6:30 pm
CALL TO ORDER
ITEM CA-2
DRAFT
Bret Jordan called the July 12, 2010 Regular Meeting of the Medina City Council to
order at 6:33 pm.
ROLL CALL
Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee,
Mark Nelson, Katie Phelps, Shawn Whitney
City Staff Present: Donna Hanson, City Manager; Bruce Disend, City
Attorney, Kenyon Disend; Nancy Adams, Finance
Director; Robert Grumbach, Development Services
Director; Joe Willis, Public Works Director; Daniel
Yourkoski, Police Lieutenant; and Pamela Greytak,
Administrative Assistant
Mayor led council, staff and audience members in the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
Boyd requested moving consent agenda item seven, Authorization to Negotiate a
Solid Waste Contract with Allied Waste to other business, and Phelps requested
moving consent agenda item six, Authorize Negotiations with T-Mobile for Lease at
Fairweather Park to other business. The amended meeting agenda was approved by
council consent.
PRESENTATIONS AND AWARDS
Mayor acknowledged the service provided by exiting volunteer Karen Sparks for time
served on the Medina Planning Commission.
Medina Days Chairperson Matt Kochel responded to council's inquiries and discussed
various ways to publicize that Medina Days donations are needed.
Kochel reported the park board would be inventorying park assets during a field trip to
city parks during its July 19 meeting.
PUBLIC COMMENT
Mayor opened public comment period at 6:43 pm.
Page 39
DRAFT
Doug Kearney spoke on behalf of American Tower Corporation regarding Distributed
Antenna Systems. He thanked staff and council for how quickly the ordinance
revision was being completed. Mr. Kearny reviewed illustrations and summarized a
letter that he distributed. He asked council to allow the DAS hub to be located
aboveground at the PSE substation. Mr. Kearny indicated that ATC could provide
landscaping surrounding the hub, or if necessary, house the hub in a structure. He
requested that council concur with staff regarding not implementing a time limit on
the SUP, or if not, to tie it to the franchise agreement with a ten year closing date. Mr.
Kearney indicated that ATC is providing an investment that is approaching over one
million dollars for the system to provide good coverage for multiple carriers with
minimal visual impact.
Medina resident Heija Nunn spoke against the plan to discontinue seasonal lifeguard
services at Medina Beach Park on August 16 which is when city hall construction is
scheduled to begin and two weeks before school starts. Ms. Nunn also stated her
disapproval regarding plans to keep a portion of the park open during city hall
construction with no lifeguards on duty.
Mayor closed public comment period at 6:48 pm.
REPORTS AND ANNOUNCEMENTS
Boyd expressed enthusiasm regarding the DAS project and thanked staff for its
speedy effort with the code revision.
Planning commission chair Judie O'Brien stated there were no items to report.
City manager expressed thanks to Grumbach for working so hard on the code
revision for the wireless project.
Willis followed -up with council regarding resident's questions and comments
concerning maintenance of the following:
Fairweather Nature Preserve: Summer employees and the Earth Corp volunteer
positions were eliminated in 2008 due to budget constraints. Earth Corp worked in
Fairweather removing invasive trees and plants.
Medina Park ponds: Debris is floating on top of the pond water, but because of the
sonic transmitters used in 2009 the water is clear. Organic additives are being used
to control the ponds top growth, and the water will be sampled to determine exactly
what needs to be treated.
NE 24th Street. The cause of problem with the plantings along NE 24th Street is that
the area lacks an irrigation system.
City rights of way: Medina municipal code stipulates that maintenance of foliage
planted in the rights of way by current or previous owners are the owner's
responsibility. The crew trims plant overgrowth on a complaint basis, and when it
impedes walking paths and visibility.
City Council Minutes July 12, 2010
Page 2 Page 40
DRAFT
Phelps and Willis discussed resident's suggestion of asking volunteers to help with
maintenance of Fairweather Park. Phelps recommended asking residents either by
mail or in person to help with maintaining public areas.
CONSENT AGENDA
MOTION NELSON AND SECOND DICHARRY TO ADOPT CONSENT AGENDA
AS MODIFIED. MOTION CARRIED 7-0 AT 6:59 PM.
- Approval of June 14, 2010 City Council Regular Meeting Minutes
- Approval of May 2010 Check Register
Claim check numbers 50447 through 50549 in the amount of $137,750.43 and payroll checks numbers
3064 through 3076 in the amount of $211, 501.03. Voided AP check number. 75862. There were no
voided payroll checks.
- Surplus Resolution, Public Works Vehicle
- Set August 9, 2010 Public Hearing Date for 2011 Budget
- Confirmation of Planning Commission, Position Number 3
- Acceptance of May 17, 2010 Park Board Minutes
- Acceptance of May 19, 2010 Emergency Committee Minutes
- Acceptance of May 24, 2010 Planning Commission Minutes
PUBLIC HEARINGS/OTHER BUSINESS
Proposed Ordinance to Amend Administrative Review Procedures (7:00 pm)
Mayor opened public hearing at 7:00 pm. Grumbach provided summary of proposed
ordinance related to administrative review procedures. Grumbach explained that one
aspect of the ordinance is to comply with Washington Cities Insurance Authority's
requirement to add vesting of permit provisions-
Overlake Drive East resident Arthur Dietrich stated that several years ago his property
was rezoned from R-20 to R-16 by mistake and without his knowledge. Mr. Dietrich said
he was told by city officials that in order to have his property returned to R-20 he would
need to petition for it and pay associated costs. Mr. Dietrich suggested that the proposed
amendment specify that affected property owners be notified prior to a rezone. Mr.
Dietrich inquired about the possibility of having his property returned to R-20 zone.
Public hearing was closed at 7:06 pm.
MOTION DICHARRY AND SECOND NELSON TO ADOPT ORDINANCE RELATING
TO ADMINISTRATIVE REVIEW PROCEDURES FOR PROJECT PERMITS, TEXT
AMENDMENTS TO DEVELOPMENT REGULATIONS, AND COMPREHENSIVE PLAN
AMENDMENTS. (7:06 PM)
Grumbach responded to council's inquiries regarding notification requirements related to
property owners involved in an area -wide rezone. Nelson spoke about Mr. Dietrich's
contention that the city made a mistake by rezoning property.
MOTION DICHARRY AND SECOND BOYD TO AMEND ORDINANCE THAT AREA -
WIDE REZONES OF EACH PROPERTY AFFECTED BE REQUIRED TO BE
NOTIFIED UNDER NOTICE SECTION 28.20.060 AT 7:17 PM.
City Council Minutes July 12, 2010
Page 3 Page 41
DRAFT
MOTION PHELPS AND SECOND BOYD TO AMEND ORDINANCE TO MOVE NON -
ADMINISTRATIVE SPECIAL USE PERMITS AND HISTORICAL USE PERMITS
FROM HEARING EXAMINER TO CITY COUNCIL AS THE DECISION AUTHORITY.
SEE TABLE MMC 20.80.060 (C) AT 7:17 PM.
MOTION PHELPS AND SECOND BOYD TO AMEND PREVIOUS MOTION TO
INCLUDE CONDITIONAL USE PERMITS AND TO READ AS FOLLOWS: AMEND
ORDINANCE TO MOVE NON -ADMINISTRATIVE SPECIAL USE PERMITS,
CONDITIONAL USE PERMITS AND HISTORICAL USE PERMITS FROM HEARING
EXAMINER TO CITY COUNCIL AS THE DECISION AUTHORITY. SEE TABLE
20.80.060(C). MOTION FAILED 3-4 (PHELPS, BOYD, WHITNEY IN FAVOR) AT
7:44 PM.
During discussion of the motion council members offered pros and cons regarding
proposed changes to MMC 20.80.060(c) and determined they would place the topic on a
future agenda to be discussed at a later time.
MOTION DICHARRY AND SECOND NELSON TO APPROVE AN ORDINANCE
RELATING TO ADMINISTRATIVE REVIEW PROCEDURES FOR PROJECT
PERMITS, TEXT AMENDMENTS TO DEVELOPMENT REGULATIONS, AND
COMPREHENSIVE PLAN AND TO INCLUDE THAT AREA -WIDE REZONES OF
EACH PROPERTY AFFECTED BE REQUIRED TO BE NOTIFIED UNDER NOTICE
SECTION 28.20.060. MOTION CARRIED 6-1 (BOYD OPPOSED) AT 7:44 PM.
Proposed Amendment to Divisions of Land and Lot Line Adiustments (7.45 pm)
Grumbach provided summary of proposed ordinance.
Mayor opened public hearing at 7:46 pm. No public comments were presented and
the hearing was subsequently closed.
MOTION NELSON AND SECOND BOYD TO ADOPT ORDINANCE REPEALING
TITLE 16 MMC AND ADOPTING CHAPTERS 20.73 AND 20.90 MMC RELATING
TO DIVISIONS OF LAND AND LOT LINE ADJUSTMENTS. MOTION CARRIED
7-0 AT 7:46 PM.
A Code Amendment Relating to Permit Fees (7:46 pm)
Grumbach provided summary of proposed ordinance related to permit fees and
stated that it would not go into effect until the city fee schedule was updated.
Mayor opened public hearing at 7:49 pm. No public comments were presented and
the hearing was subsequently closed.
Whitney inquired about the possibility of finance director's workload increasing as a
result of requiring deposits from permit holders. Grumbach indicated that the new
City Council Minutes - July 12, 2010
Page 4 Page 42
DRAFT
development services software would coordinate with finance software, and deposits
would only be required from property owners that use city consultants.
MOTION NELSON AND SECOND LEE APPROVE AMENDING CHAPTER 17.44
OF THE MEDINA MUNICIPAL CODE RELATING TO DEVELOPMENT FEES.
MOTION CARRIED 7-0 AT 7:58 PM
OTHER BUSINESS
Adoption of Six -Year Construction Improvement Plan/Transportation Improvement
Plan (7:58 pm)
Willis introduced improvement plans and responded to council member's inquiry.
MOTION PHELPS AND SECOND LEE TO ADOPT THE 2011 THROUGH 2O16
CIP/TIP PROGRAM AND DIRECT THE PUBLIC WORKS DIRECTOR TO
FORWARD THE PROGRAM TO THE STATE SECRETARY OF
TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD.
MOTION CARRIED 7-0 AT 7:59 PM
Continued Discussion Regarding Draft Code Amendment Regarding Wireless
Communication Facilities (7:59 pm)
Grumbach presented an overview of the revised draft code amendment and
responded to council's inquiries. Doug Kearney also answered questions from the
city council. Council directed Grumbach to send final draft to planning commission for
its recommendation, to be provided to council at its August meeting.
Bid Award: City Hall Expansion and Renovation Project (8:26 pm)
Willis summarized facilities committee direction to staff regarding the city hall
construction bids and budget. Hanson stated that she had arranged for bond counsel
to attend the August council meeting at no cost to discuss funding options, bonds,
and debt. Hanson indicated council could potentially choose a funding mechanism
and award a bid at its September meeting. Council's discussion included construction
timeframe, bid data, construction costs, and budget.
MOTION PHELPS AND SECOND NELSON TO REJECT ALL BIDS AND
AUTHORIZE VALUE ENGINEERING AND A CALL FOR NEW BIDS FOR THE
CITY HALL EXPANSION AND RENOVATION PROJECT. MOTION CARRIED 7-0
AT 8:39 PM.
Mayor requested council discuss the scope of the project and funding options at its
August meeting.
City Council Minutes July 12, 2010
Page 5 Page 43
DRAFT
Contract Approval, Temporary City Hall Lease with St Thomas Church (8:44 pm)
Nelson discussed matters concerning construction activities of temporary city hall site
occurring at the beginning of the school year. There was discussion among staff and
council regarding costs related to temporary city hall facility.
MOTION WHITNEY AND SECOND BOYD TO TABLE CONTRACT APPROVAL FOR
TEMPORARY CITY HALL LEASE WITH ST. THOMAS CHURCH FOR DISCUSSION AT
A FUTURE MEETING. MOTION CARRIED 6-1 (NELSON OPPOSED AT 8:49 PM.
Contract Approval, Temporary City Hall Modular Office Lease (8:50 pm)
MOTION NELSON AND SECOND BOYD TO TABLE CONTRACT APPROVAL FOR
TEMPORARY CITY HALL MODULAR OFFICE LEASE. MOTION CARRIED 7-0 AT
8:50 PM.
Authorize to Negotiate a Solid Waste Contract with Allied Waste (8:50 pm)
Council established that negotiating a contract with Allied Waste would provide the
city with the opportunity to change service levels.
MOTION BOYD AND SECOND NELSON AUTHORIZE TO NEGOTIATE A SOLID
WASTE CONTRACT WITH ALLIED WASTE. MOTION CARRIED 7-0 AT 8:53 PM.
Authorize Negotiations with T-Mobile for Lease at Fairweather Park (8:55 pm)
Grumbach responded to council's inquiries regarding the design of the wireless
communication facility.
MOTION NELSON AND SECOND DICHARRY TO AUTHORIZE NEGOTIATIONS
WITH T-MOBILE FOR LEASE AT FAIRWEATHER PARK. MOTION CARRIED 7-0
AT 8:59 PM
Council Agenda Calendar (9:00 pm)
Council confirmed the following agenda calendar updates: 1) Continued discussion
regarding city hall funding options added to August meeting. 2) City hall project bid
award topic added to September meeting. 3) Special Use Permits, Historical Permits,
and Conditional Use Permits decision authority as noted in MMC 20.80.060(c) to be
discussed in October.
Bob Simeone representing St. Thomas Church spoke briefly about the volume of
vehicles significantly increasing once school starts which could affect construction
activities on the city hall temporary site.
Mayor recessed meeting for a break at 9:06 pm and called the meeting back to order
at 9:12 pm.
City Council Minutes July 12, 2010
Page 6 Page 44
DRAFT
EXECUTIVE SESSION
The city council recessed into executive session at 9:12 pm, for an estimated time of
thirty minutes pursuant to pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel
representing the agency litigation or potential litigation to which the agency, the
governing body, or a member acting in an official capacity is, or is likely to become, a
party. City council members Boyd, Dicharry, Jordan, Lee, Nelson, Phelps, and Whitney;
public works director, development services director, city attorney, and city manager were
present. No action was anticipated.
Executive session adjourned and council resumed its regular meeting at 9:45 pm. No
action was taken.
ADJOURNMENT
THE JULY 12, 2010 REGULAR MEETING WAS ADJOURNED BY CONSENSUS
AT 9:45 PM.
The July 12, 2010 Regular Meeting of the Medina City Council adjourned at 9:45 pm.
The Medina City Council will hold a study session Monday, August 9, 2010, at 5:00
pm and will hold its next regular meeting Monday, August 9, 2010, at 6:30 pm.
Bret Jordan, Mayor
Attest:
Pamela Greytak, Administrative Assistant
City Council Minutes July 12, 2010
Page 7 Page 45
5of Mp,� ITEM CA-3
%W CITY OF MEDINA
August 4, 2010
To: Mayor and City Council
From: Nancy Adams, Director of Finance
Re: Finance Report — July Financials
Please find Revenue & Expense Summaries for July 2010 enclosed in your
Council Packet.
Revenue:
Total Annual Revenue for July YTD 2010 was $51 K lower than July YTD 2009.
- Property Tax was $49K higher for YTD 2010 compared to YTD 2009.
- Sales Tax was ($152K) lower for YTD 2010 compared to YTD 2009.
- REET (Real Estate Excise Tax) was $23K higher for YTD 2010 compared
to YTD 2009.
- Intergovernmental Revenue was $154K higher for YTD 2010 compared to
YTD 2009.
- Pass Through (Development related) Revenue was ($12K) lower for YTD
2010 compared to YTD 2009.
Expense:
- Total Annual Expense for July YTD 2010 was $284K lower than July YTD
2009.
City Hall Project:
Finance has set up new BARS Codes to track the City Hall Project. Capital
Expenditures related to City Hall are $121 K for the period of January -July 2010.
Municipal Budgeting & Fiscal Management:
The annual budgeting workshop for newly elected officials and staff will be held on
August 19-20th, with a special session for small cities on the 18th. Please let
Nancy know if you would like to be registered for this workshop. It will be held in
Lynnwood, WA this year.
Page 46
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June 16, 2010
7:00 p.m.
CALL TO ORDER
CITY OF MEDINA
Emergency Preparedness Committee Meeting
Medina City Hall Chambers
501 Evergreen Point Road
The Emergency Preparedness Committee Meeting was called to order at 7:02 p.m.
by Chair Kay Koelemay. This followed a Citizens Emergency Response Team
(CERT) Meeting, during which the psychological effects of disaster were discussed.
ROLL CALL
Committee: Kay Koelemay, Margaret Maxwell
Volunteers: Larry Cole, Doug Dicharry, Neal Phipps
Staff Present: Police Chief Jeff Chen and Emergency Preparedness
Coordinator Kris Finnigan
APPROVAL OF MINUTES
MOTION MAXWELVSECOND KOELEMAY TO APPROVE MAY 19, 2010
MEETING MINUTES AS WRITTEN. MOTION APPROVED.
REMARKS/ANNOUNCEMENTS
Surveillance Equipment
It was noted that the city crime rate was down. Surveillance equipment and its role in
crime prevention was discussed.
Chief Chen also noted the role and importance of surveillance cameras during
disaster, in performance of the windshield survey.
OTHER BUSINESS
August Meeting
Chair Koelemay noted that the committee would be meeting on July 218% to finalize
plans for Medina Days, as well as other business. She suggested that Medina Days
participation take the place of the August Medina Emergency Preparedness
Committee Meeting.
Koelemay related that there is an opening for Chair of the Public Works Committee.
Maxwell said that she would be interested in finding someone to take over her role
with the Neighborhood Preparedness Committee. It was decided that an ad for each
committee chair be placed in the Medina newsletter.
Page 54
Map Your Neighborhood Program
Koelemay stated that she would be moving forward with the MapYour Neighborhood
Program, in her neighborhood.
Discussion followed, regarding ways to motivate the community in the neighborhood
preparedness effort. Koelemay spoke of exploring new orientation for the group, as
the fall season approaches.
Sound Shake 2010
Chief Chen reported that the city would be participating in Sound Shake 2010, on
October 7th, for six hours, playing out of the mobile command coach. He stressed
Medina's importance in the exercise, as SR520 will be deemed inoperable.
He explained that Medina would be doing a windshield survey during the day, as well
as exercising the communications group, the mobile command coach and
emergency response.
He noted that an important function of the day will be the contact with emergency
operations centers (EOC's).
Dicharry reported that Communications Committee Volunteer Gary Sultan, had
participated in an EOC to EOC exercise recently and will be doing so again, in the
near future.
It was decided that the VHF radio holders be contacted several days before the
exercise and made aware of the opportunity to participate. They will be asked to
place their VHF radio holder signs in front of their home for identification.
Medina Days
Ideas were exchanged regarding plans for the Emergency Preparedness Booth at
Medina Days, as well as the Communications Committee's Scavenger Hunt.
Koelemay said that she will be checking with CERT Member Dave Hedequist, to
determine who might be available to participate at the booth during Medina Days.
Meeting Schedule
The next meeting was scheduled for July 21, 2010 at 7 p.m., with the CERT group
scheduled to meet at 6 p.m. that same evening.
The meeting was adjourned at 8:01 p.m.
Minutes taken by:
Kris Finnigan
Emergency Preparedness Coordinator
Emergency Preparedness Committee Minutes June 16, 2010 2
Page 55
CITY OF MEDINA
Planning Commission Meeting
June 22, 2010 Medina City Hall Council Chambers
6:00 p.m. 501 Evergreen Point Road
CALL TO ORDER
The Planning Commission meeting of June 22, 2010, was called to order at 6:01 pm
by Chairperson O'Brien.
ROLL CALL
Present: Judie O'Brien, Peter May, Heija Nunn, Jeff Price, Ching -Pi Wang
Absent: Molly Goudy (excused), Karen Sparks (excused)
Staff Present: Robert Grumbach, Development Services Director
Donna Goodman, Development Services Coordinator
Christopher Ruiz, City Engineering Consultant
ANNOUNCEMENTS (6:02 pm)
Chair O'Brien made the following announcements:
She attended the May 14, 2010, City Council meeting and made the following
report:
o Requested that the Planning Commission provide a report on the
development envelope (formerly pitched roof) topic rather than the
requested revisions to the code by the end of the year. The Council
had no objection to this suggestion.
o In addition, she inquired about a Planning Commission/ City Council
joint meeting and the Mayor responded that the Council would be open
to this if there was a specific topic to address.
• She asked the Commissioners to leave home a little earlier in order for the
meetings to begin on time, acknowledging that the clock in the council
chamber runs a few minutes fast.
Grumbach made the following announcements:
The 2009 building code was adopted by the City Council. However, at the
request of the governor, the State Building Code Council postponed adoption
of the new energy code due to the economy and the additional cost to
building. Therefore, we will continue under the 2006 energy code for the time
being.
• The City Council Personnel Committee met last week to interview candidates
for the opening on the Planning Commission and an appointment will be
forthcoming.
Page 56
Planning Commission Minutes Page 1 June 22, 2010
• Discussed delivery methods of the Planning Commission packets and noted
that the packets will continue to be emailed to all members and delivered to
the homes of the commissioners who requested delivery. O'Brien, May and
Price opted out of home delivery of the packet.
• Public hearings have been scheduled at the July 12 council meeting on the
recommended code amendments recently forwarded by the Planning
Commission.
APPROVAL OF MINUTES
MOTION WANG / SECOND MAY TO APPROVE MAY 25, 2010, MEETING
MINUTES AS SUBMITTED. MOTION APPROVED 5-0 (6:06 PM)
AUDIENCE PARTICIPATION (6:06 pm)
There were no comments from the audience
PUBLIC HEARINGS
Quasi Judicial: Construction Mitigation Plan No. C-2736: 501 Evergreen Pt.
Road.
Proposal: Medina City Hall expansion and building renovation project consists
of remodeling the existing 4,257 square foot building and constructing a new
2,919 square foot expansion. Associated improvements include the
installation of an emergency generator below grade to serve City Hall,
installation of an ADA access path and movement of approximately 90 cubic
yards of earth.
Chair opened the public hearing (6:07 PM)
Chair asked if the commissioners had any disclosures to make subject to the
Appearance of Fairness Doctrine. There were no disclosures.
Chair announced how the public hearing would be conducted
Christopher Ruiz, engineering consultant to the City, reported that staff
recommended approval of the application subject to the conditions outlined in the
staff report.
Grumbach informed the Commissioners that the undergrounding of the emergency
generator was not planned at this time as part of the project due to lack of funding.
Ruiz suggested that consideration of the undergrounding of the generator not be
removed from the CMP in case funding became available.
Michael Chen, the Mackenzie Group, spoke on behalf of the application. He
explained that the contractor for the project had not yet been chosen and that the
conditions of the CMP will be provided to the bidders prior to the bid.
Chen went on to explain that their would be no major disruptions to the neighbors'
utilities other than a short disruption to the water service to a few homes on
Evergreen Point Road in order for the contractor to tap into the line and minimal
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Planning Commission Minutes Page 2 June 22, 2010
power interruptions for short periods. He stated that there would be a public outreach
to the neighbors to keep them abreast of the construction process.
Chen, Grumbach and Ruiz responded to questions from commissioners. The
duration of construction is expected to last 8 months, beginning August 16th and
concluding in April of next year. Regarding public outreach, Grumbach explained the
City manager and Public Works Director have approached Mrs. Lee next door. The
City would also use eGov to keep people informed.
Grumbach noted that a decision about the park remaining open would be dependent
on the contractor selected for the project and any concerns about liability they might
have. Chen added that the driveway access would be open 24/7 for the neighbors'
access and City of Bellevue Utilities' access to the pump station. He also explained
that the Public Works Director would be evaluating the bids for completeness and
that the lowest bidder does not always get the job.
There were no comments from the public. Chair closed the public hearing (6:23 PM)
• MOTION BY MAY, SECOND BY WANG, TO ACCEPT THE STAFF'S
RECOMMENDATION TO APPROVE THE CMP SUBJECT TO THE
CONDITIONS IN THE STAFF REPORT. (6:23 PM)
Discussion followed.
Nunn recommended adding the following conditions to the CMP:
• Written notification to all residents of park closures and the expected duration
of construction, well as email and website announcements; and
• Clear signage at the upper end of the property with information regarding
parking, the City's temporary location and other information as needed.
Nunn also suggested the possibility of moving lifeguards to one of the other docks in
the City during the two week period between when construction begins and the end
of the summer. Grumbach explained that August 15 would mark the end of the
lifeguard season. Nunn also recommended that the beach park be closed the entire
duration of the construction season for safety reasons. Grumbach responded that
the Planning Commission does not have authority under the CMP to re -direct
lifeguards or close the beach park. These are policy decisions to be determined by
the City manager and City Council. However, he acknowledged that he believed the
signage and noticing requirements were within the authority of the CMP.
Chen advised that truck traffic would be minimal as there is not a large amount of soil
to be exported. May asked about recycling. Chen responded that recycling of
materials would be up to the contractor and that deconstruction costs increase when
recycling is required.
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Planning Commission Minutes Page 3 June 22, 2010
• MOTION BY O'BRIEN, SECOND BY WANG, TO AMEND THE ORIGINAL
MOTION TO ADD NUNN'S RECOMMENDATIONS ON NOTIFICATION AND
SIGNAGE. MAY CLARIFIED TO INCLUDE INSTALLATION OF THE
EMERGENCY GENERATOR BELOW GRADE IN THE CMP. MOTION
APPROVED 5-0 (6:36 PM)
• MOTION BY MAY, SECOND BY PRICE, TO CLARIFY THAT THE ORIGINAL
MOTION FOR THE CMP INCLUDED INSTALLATION OF THE EMERGENCY
GENERATOR BELOW GRADE. MOTION APPROVED 5-0 (6:36 PM)
O'Brien asked for clarification that closure of the park during construction could not
be addressed in the construction mitigation plan, which Grumbach confirmed.
ORIGINAL MOTION TO APPROVE, AS AMENDED. MOTION APPROVED 4-1
(NUNN OPPOSED) (6:38 PM)
Following the decision, discussion ensued about the park being open or closed
during construction.
MOTION NUNN, SECOND O'BRIEN, TO RECOMMEND TO THE CITY COUNCIL
THAT THE COUNCIL CONSIDER CLOSING THE BEACH PARK FOR THE
DURATION OF CONSTRUCTION. MOTION FAILED 5-0 (6.45 PM)
OTHER BUSINESS
1) Presentation on Wireless Communication Facilities by Jeff Langdon (6:46 PM)
Grumbach introduced Jeff Langdon, the City's wireless consultant, who was invited to
bring the Commission up to date on the Council's activities on this issue. Langdon
presented a short history of the technology of wireless facilities and addressed the
problems in the City with wireless coverage. He also responded to questions from
commissioners regarding the City's current facilities and how the technology
operates.
Langdon stated that their recommendation to the City was that the rights -of -way be
opened to citing of wireless facilities, probably using existing utility poles or new
utility -type poles. He indicated that the code should not mandate a specific
technology but that it should be flexible, with the idea that the industry will propose
solutions as long as there is a fair opportunity to build systems in the community. He
went on to say that the code could and should regulate the size, color and
obtrusiveness of the facilities and how they are to be located in the rights -of -way.
2) Comprehensive Zoning Code Update Work Program (7:00 pm)
Grumbach presented that the work program for this topic was revised to reflect the
items that had been completed and to reflect Council direction and citizen input. It
was a supplement to the work program approved by the City Council.
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Planning Commission Minutes Page 4 June 2Z 2010
3) Continued discussion on Development / Building Envelope Standards —
discussion on Floor Area Ratio. (7:23: PM)
Grumbach explained that he had prepared two separate documents analyzing floor
area ratio and angled setbacks in order to show that the two concepts can be used
together or separately.
O'Brien reported that she had spoken with the mayor about this topic and that he
expressed that the ultimate goal is to increase airspace at the side setbacks on
smaller lots by reducing bulk and shadowing of buildings on neighboring properties.
Nunn commented that she had talked with the planner at Hunts Point about their
ordinance relative to this issue and that, though their goal was slightly different than
Medina's, their solution was angled setbacks with a height bonus. Grumbach added
that he read Hunts Point's height standards and they appear to be more restrictive
than Medina's.
Grumbach explained his analyses. He noted that the analysis shows that the effect
of angled setbacks on property owners is mostly influenced by lot width rather than
the lot size. Discussion followed.
Grumbach presented a new concept that would change the City's approach to zoning
standards. The zoning districts would remain to control lot size and street frontage
requirements, but standards such as setbacks and height limitations would be
determined by the size of a lot rather than the zoning district. He said the concepts of
floor area ratio and angled setbacks could be looked at in combination with this
approach and might allow a more specific approach to solving the issues being
raised.
The consensus was positive to this new proposal and Grumbach said he would work
further on this and bring it back to the Commission.
ADJOURNMENT
MOTION PRICE / SECOND NUNN TO ADJOURN JUNE 22, 2010 PLANNING
COMMISSION MEETING. MOTION APPROVED 5-0 (8:19 PM)
The next Planning Commission meeting will be held on Tuesday, July 27, 2010, at 6:00 pm.
Minutes taken by:
Donna Goodman
Development Services Coordinator
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Planning Commission Minutes Page 5 June 22, 2010
COUNCIL MEETING DATE: AUGUST 9, 2009
ITEM PH -1
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJEcT/TITLE: Public Hearing for 2011 Budget Planning
CATEGORY:
❑ Consent ❑ Ordinance
® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: DONNA HANSON
BACKGROUND/SUMMARY:
Planning and public input for the 2011 Annual Budget will be important as we continue to see a flat
economy in 2010 and all signs indicate that 2011 will be much the same. We don't anticipate seeing
much growth in expenditures except for legal contract obligations and very little, if any, growth in
revenues.
The purpose of this public hearing is to provide the opportunity for residents to give their input prior to
staff completing the first draft and Council deliberations starting in September.
Attachments: Strategic Goals
BUDGET/FISCAL IMPACT: INPUT ONLY, NO MONETARY IMPACT
STAFF RECOMMENDATION: Open the public hearing and take input
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: A motion is not required
Page 61
ITEM OB-1
MEDINA CITY COUNCIL MEETING: AUGUST 9, 2010
Subject/Title: Draft ordinance relating to wireless communication facilities and
potential action to schedule a public hearing on the same
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ® Other - Discussion
STAFF REPORT BY: Robert J. Grumbach
BACKGROUND/SUMMARY:
The Planning Commission reviewed the proposed code amendment for the wireless communication
facilities at their July 27 meeting and recommended moving forward with the ordinance. They wanted
the council to be privy to their discussion on the matter and a memorandum summarizing their
discussion is attached. Additionally, staff has continued to work on the draft and a memorandum
summarizing staff -initiated changes since the July 12 meeting is also attached (changes are identified
by the underlines in the draft ordinance).
Attachments: Draft Ordinance
Planning Commission Memorandum
Summary of Changes Memorandum
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Schedule public hearing
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to direct staff to finish preparing an ordinance relating to wireless
communication facilities and schedule a public hearing for September 13, 2010
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ITEM OB-1
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.aov
To: Medina City Council
From Planning Commission
VIA: Robert J. Grumbach, AICP
Date: July 27, 2010
Subject: Recommendation Wireless Communication Code Amendment
The Planning Commission reviewed the draft code amendment relating to wireless
communication facilities and recommended moving the proposal forward. The following
summarizes the discussion at their July 27 meeting:
• There was strong support for the equipment housing structure to be above ground at the
PSE substation location, but this support did not extend to other locations. The Planning
Commission understood the constraints that prevent application of an undergrounding policy
on a site -specific basis and therefore supported leaving the undergrounding requirement as
proposed.
• The idea of opening up all of the City parks to wireless communication facilities was
presented. However, this was not supported by a majority due to concerns for potential
controversy.
• The idea of increasing the 35-foot maximum height standard outside of the City rights -of -
way was explored. It was proposed to raise the 35-foot height standard to more of an
industry standard based upon the City further researching this issue. However, this was not
supported by a majority due to concerns for potential controversy associated with increasing
height.
• The Commissioners were concerned about whether the code amendment could cause more
opportunities to construct new support towers. It was noted that the code amendment does
not increase the number of locations where towers can presently be located. There was
some discussion about encouraging fewer locations, but it was understood that the code
cannot be written on a site -specific basis.
• Communication dead zones were another area of concern. The Commissioners wanted to
be sure that areas of dropped calls would be addressed with improved coverage. It was
noted that business markets and competition are likely to address this issue.
• The Commissioners also wanted to make sure that wireless communication facilities would
be maintained properly. It was noted there were provisions for this in the proposed code
language.
• There was a comment about emphasizing to the City Council about maximizing possible
revenues from new wireless communication facilities.
Page 63
ITEM OB-1
Of
CITY CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.aov
To: Medina City Council
From Robert J. Grumbach, AICP
Date: August 9, 2010
Subject: Summary of Changes from the July 12 Draft Code Amendment
Staff has continued reviewing and analyzing the draft code amendment to improve its reading
and address issues as they arise. The following summarizes the changes since the July 12
council meeting (note: recent areas of change are underlined in the code amendment):
• Section 17.90.050: Added using the Comprehensive Plan to identify nonresidential uses that
placement of wireless communication facilities can be placed. The intent was to clarify what
nonresidential uses were intended to be allowed sites for wireless communication facilities.
• Section 17.90.060: Modified to City -owned buildings for the purpose of clarity.
• Various Sections: Added the term non -administrative to special use permits to distinguish
these from administrative special use permits.
• Section 17.90.080(D)(2): Modified language to be consistent with similar provisions
elsewhere in the code amendment.
• Section 17.90.080(D)(4): Edited language for clarity.
• Section 17.90.080(E)(2): Modified to fix an error. The original maximum height for the
rights -of -way was proposed at 45 feet. However, this standard was changed to read
`existing pole height plus 15 feet' after discussions with PSE. Since MMC 17.90.080(E)
addresses locations where there are no existing poles, referencing a provision with existing
poles for height will not work.
• Section 17.90.100(C): Edited language for clarity.
• Section 17.90.1000(2)(b): Modified language for clarity.
• Section 17.90.120: Added reference to procedures for clarity.
• Section 17.90.130(B): Modified so that build -out is not interpreted as the maximum possible.
• Section 17.90.1300: Narrowed the service area to reflect that wireless communication
networks are more built -out today and the number of sites in the original radius would have
been excessively more than necessary.
• Section 17.90.130(E): Revised language for clarity and reduce by one the number of view-
points as more practical.
• Section 17.90.130(L): Revised language to reference the fee schedule for setting permit
fees rather than the chapter.
• Section 17.90.140(A): Revised to clarify that the City wants a carrier of wireless
communication services to be included on any application to construct wireless
communication infrastructure.
• Sections 17.90.1400 and (E): Revisions are based on input from the City Attorney to better
address the Federal Court's standards relating to "least intrusive."
• Sections 17.90.150(C) and 17.90.150: Added reference to procedures for revoking a SUP.
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Draft ITEM OB-1
CITY OF MEDINA
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES;
REPEALING AND RE-ENACTING CHAPTER 17.90 OF THE MEDINA MUNICIPAL
CODE; ESTABLISHING REGULATIONS FOR THE PLACEMENT AND PERMITTING OF
WIRELESS COMMUNICATION FACILITIES; AND AMENDING THE PERMIT FEE
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the
City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance
783, passed March 14, 2005; and
WHEREAS, the City is a developed community that consists almost exclusively of
detached single-family homes on individual lots and that Goal LU-G1 of the Medina
Comprehensive Plan is: "To maintain Medina's high -quality residential setting and character;
and
WHEREAS, the Federal Telecommunication Act of 1996 has imposed requirements that
local governments not unreasonably discriminate among providers of functionally equivalent
personal wireless services, or act in a manner that prohibits or has the effect of prohibiting the
provision of personal wireless services, while at the same time preserving traditional State and
local authority over the placement, construction, and modification of wireless communication
facilities; and
WHEREAS, the City Council adopted chapter 17.90 of the Medina Municipal Code by
Ordinance 609 (adopted July 8, 1996), amended by Ordinance 623 (adopted May 19, 1997) and
Ordinance 710 (adopted February 12, 2001), establishing appropriate locations, site
development standards and permit requirements to allow for wireless communication services
to the residents of the City; and
WHEREAS, as a matter of public policy, the City Council finds that new technologies
relating to wireless communications have increased the community's demand for wireless
communication services; and
WHEREAS, the City has undertaken a review of the wireless communication services
provided to the City and determined that the existing Zoning Code provisions do not adequately
encourage delivery of services consistent with the community's demand for wireless
communication services; and
WHEREAS, the City Council wishes to encourage improved delivery of wireless
technologies throughout the City; and
WHEREAS, the City Council recognizes that placement, construction and modification of
wireless communication facilities could adversely affect the character, aesthetics, property
values, and the high residential quality of the community; and
WHEREAS, it is the City's intent to protect and promote the public health, safety and
welfare by adding new regulations regarding the placement, construction and modification of
wireless communication facilities within the City's rights -of -way and revising existing regulations
to better encourage improved delivery of wireless services throughout the City, while protecting
the high -quality residential setting of the community; and
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ITEM OB-1
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to
the Washington State Department of Commerce on July 16, 2010; and
WHEREAS, the City Council held a public hearing on , to receive testimony for
and against the proposed code amendment; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold for the
proposed code amendment was issued on pursuant to WAC 197-11-340 .
WHEREAS, the City Council makes the following conclusions:
A. There is a need for revised regulations relating to wireless communication facilities to
assure adequate wireless communication services for residents and people within
the City limits and the SR 520 Bridge.
B. The proposed amendments are consistent with, and serve to implement, the City's
adopted comprehensive plan.
C.
D. The code amendments will allow the appropriate development of wireless facilities
within the City and serves the public interest.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1: Repeal and Re-enactment of Chapter 17.90 MMC. Chapter 17.90 of the
Medina Municipal Code is herby repealed in its entirety and re-enacted consisting of 18 sections
to read as follows:
Chapter 17.90
WIRELESS COMMUNICATIONS
FACILITIES
Sections:
17.90.010
Purpose.
17.90.020
Nondiscrimination.
17.90.030
Applicability.
17.90.035
Licensed amateur (HAM) radio.
17.90.040
Definitions.
17.90.050
Permitted locations.
17.90.060
Parks and Public Places zoning — limitations.
17.90.070
Site requirements — outside of City rights -of -way.
17.90.080
Site requirements — City rights -of -way.
17.90.090
Security fencing.
17.90.100
Concealment.
17.90.110
Co -location.
17.90.120
Non -administrative special use permit required.
17.90.130
Application submittal requirements.
17.90.140
Requirement to demonstrate need for facility.
17.90.150
Radio frequency standards.
17.90.160
Assignment of subleasing.
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Draft
ITEM OB-1
1 17.90.170 Maintenance required.
3 17.90.180 Abandoned facilities.
4 17.90.010 Purpose.
5
6 The purpose of this chapter is to establish design, permitting, and placement standards for
7 wireless communication facilities that:
8 A. Provides adequate wireless communication coverage to the residents of the City, the
9 traveling public, and others within the City's jurisdiction;
10 B. Ensures wireless communication facilities are consistent with the residential character of the
11 City;
12 C. Establishes development standards for wireless communication facilities that are least
13 intrusive and take into account the scale (height and mass), proximity to each other, and the
14 informal landscaping that contribute to the distinctive setting of the community; and
15 D. Maximizes the use of any support structure and existing suitable structures and buildings in
16 order to reduce the need to construct or install new support structures.
17
118
9 17.90.020 Nondiscrimination.
20 The Federal Telecommunication Act (FTC) provides that the City shall not unreasonably
22 discriminate among providers of functionally equivalent services.
24 17.90.030 Applicability.
25 A. The provisions of this chapter shall apply to all new and expansion and/or alteration of
26 wireless communication facilities located within the boundaries of the City, except for the
27 following:
28 1. Those facilities used for the purpose of public safety by public or semi-public entities,
29 such as police, and 911 communications systems;
30 2. Wireless radio utilized for emergency communications in the event of a disaster;
31 3. An antenna that is designed to receive television broadcast signals;
32 4. An antenna for receiving and sending of amateur radio devices or HAM radios provided
33 the criteria in MMC 17.52.035 are satisfied;
34 5. An antenna that is one meter or less in diameter or diagonal measurement, which is
35 designed to receive direct broadcast satellite services, including direct -to -home satellite
36 services and those subject to MMC 17.52.060;
37 6. An antenna that is one meter or less in diameter or diagonal measurement, which is
38 designed to receive video programming services via multipoint distribution services,
39 including multi -channel multipoint distribution services, instructional television fixed
40 services, and local multipoint distribution services.
41 B. It is the express intent of the City to impose all regulations in this chapter to all land within
42 the City, whether publicly or privately held including private property, city property, state-
43 owned right-of-way, and/ or church property, utility property and school property.
45 17.90.035 Licensed amateur (HAM) radio.
46
47 Antennas for the receiving and sending of amateur radio devices (HAM) shall be exempt from
48 the requirements of this chapter provided:
49 A. The height of the antenna, including any tower, does not exceed the maximum zoning
50 height applicable to the property;
51 B. The radio is owned and operated by a federally licensed amateur radio station operator, or
52 is used exclusively for "receive only" antenna;
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ITEM OB-1
C. No lights of any kind shall be attached to, and no direct or indirect means of artificial
illumination shall be employed, on the antenna or tower;
D. Concealment pursuant to MMC 17.90.100 shall be incorporated into the antenna and tower
to the extent allowed under the requirements set forth by the Federal Aviation Administration
(FAA);
E. Towers shall not be located within any setback areas and must be placed a distance from all
property lines and existing residential structures equal to, or greater than, its height (not
including the antenna);
F. No signs shall be permitted except as required by federal regulations, where such a sign
shall be limited to one in quantity and no larger than 8'h inch by 11 inches;
G. The tower shall not be used for commercial purposes; and
H. Towers must meet all applicable state and federal statues, rules and regulations, including
obtaining a building permit from the City, if necessary.
17.90.040 Definitions.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates the contrary.
B. The following definitions apply to this chapter:
"Ancillary facilities" means the equipment required for operation of wireless communications,
including, but not limited to repeaters, radios, cabling, power meters, ventilation, generators,
and other related equipment.
"Antenna" means an electrical conductor or group of electrical conductors that transmit or
receive radio waves or microwaves.
"Antenna, Omni -directional (or whip)" means an antenna that receives and transmits signals
in a 360 degree pattern, and which is 4 inches or less in diameter and 15 feet or less in
height.
"Antenna, Directional (or panel)" means an antenna that receives and transmits signals in a
directional pattern typically encompassing an arc of 120 degrees.
"Antenna, Parabolic (or dish)" means a bowl -shaped device that receives and transmits
signals in a specific directional pattern.
Antenna, Tubular Panel' means an antenna which is 18 inches or less in diameter and less
than 8 feet in height, and which is capable of receiving or transmitting signals in a 360
degree pattern. This includes a configuration of multiple panel antennas located within a
single shroud that gives the appearance of a single antenna.
"Co -location" means the use of a single support structure and/ or site by more than one
telecommunication carrier of wireless communication.
"Coverage gap" means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
"Equipment housing structure" means the structure used to shelter equipment (Le.:
electronics, cooling and heating devices, emergency generators, etc) necessary for
processing wireless communication signals including, but not limited to, vaults, cabinets and
similar assemblies.
"Existing nonresidential building" means an existing building or structure that contains a
nonresidential use or supports a nonresidential use.
"Lattice tower" means a support structure characterized by an open framework of lateral
cross members which stabilize the structure.
"Monopole" means a single upright pole, engineered to be self supporting that does not
require lateral cross supports and is sunk into the ground and/ or attached to a foundation.
"Personal wireless services" means the same as that phrase is given meaning pursuant to
47 USC §332(c)(7)(C)(i).
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ITEM OB-1
"Personal wireless service facilities" means the same as that phrase is given meaning
pursuant to 47 USC §332(cX7)(C)(ii).
"Residential use property" means all portions of any property which contain a residence and
all portions of any vacant property which is zoned for residential use, including property
located in adjoining jurisdictions.
"Security barrier" means an obstruction, such as fences, walls, vegetation and similar
elements that restricts public access.
"Service area" means the vicinity around a wireless communication facility that effectively
receives signals from and transmits signals to the facility.
"Significant Gap in Service Coverage" means a large geographical service area in which a
large number of remote user subscribers are unable to connect or maintain a connection to
the national telephone network through a telecommunication carrier's wireless
communication network. A "dead spot" (defined as small areas within a service area where
the field strength is lower than the minimum level for reliable service) does not constitute a
significant gap in services.
"Support structures" means the structure to which antennas and other necessary associated
hardware are mounted, including, but not limited to lattice towers, monopoles, utility support
structures, and existing nonresidential buildings.
"Utility support structure" means poles that support street lights, and poles used to
supporting electrical, telephone, cable or other similar facilities. These poles are typically
constructed of wood, steel, concrete and composite materials.
View -shed" means the environment that is visible from one or more viewing points.
"Wireless communication facility" means a facility designed and used for the purpose of
transmitting, receiving, and relaying voice, video and data signals from various wireless
communication devices. This may include any combination of antennas, ancillary facilities,
equipment housing structures, support structures, and security barriers.
17.90.050 Permitted locations.
Wireless communication facilities may be permitted at the following locations:
A. Properties zoned R-16 District, R-20 District, and SR-30 District containing a nonresidential
use identified in the Land Use Inventory set forth in the Medina Comprehensive Plan; and
B. Properties zoned Neighborhood Auto and Primary State Highway; and
C. Properties zoned Parks and Public Places, subject to the limitations set forth in MMC
17.90.060; and
D. Opened and un-opened City rights -of -way.
E. All other locations within the City's jurisdiction are prohibited.
17.90.060 Parks and Public Places zoning — limitations.
Wireless communication facilities are prohibited in all portions of City parks, except:
A. Those portions of Fairweather Nature Preserve which are non -forested and adjacent to the
state highway right-of-way; and
B. Ancillary facilities placed within the interior of a City -owned building.
17.90.070 Site requirements — outside of City rights -of -way.
The following site requirements shall apply to wireless communication facilities that are located
pursuant to MMC 17.90.050(A), (B), and (C).
A. An antenna and ancillary facility may use an existing nonresidential building as a support
structure provided that:
1. Only one of the following may be mounted on the building:
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ITEM OB-1
a. One tubular panel antenna;
b. One whip antenna; or
c. One non -reflective parabolic dish antenna not more than one -foot in diameter.
2. More than one antenna may be mounted on the same nonresidential building when:
a. The added antenna is for the purpose of co -location as prescribed by MMC
17.90.110 provided each telecommunication carrier shall be limited to only one
antenna on the same nonresidential building; and/ or
b. The added antenna is for a Global Positioning System (GPS) antenna less than 12
inches at its greatest dimension.
3. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit for power and/ or data.
4. The maximum height of the wireless communication facility, including the height of the
antenna, shall not exceed the lower of a height of 35 feet above finished or original
grade, whichever is lower, or:
a. Six feet, eight inches, measured to the top of a tubular antenna above the roof
proper at the point of attachment;
b. Ten feet measured to the tip of whip antenna above the roof proper at the point of
attachment;
c. Five feet measured to the top of a parabolic dish above the roof proper at the point of
attachment.
5. Wireless communication facilities, except for security barriers, shall be set back a
distance of at least 500 feet from the property line of all residential properties.
6. In addition to the provisions prescribed by this subsection, if a support structure is
attached to an existing nonresidential building, the provisions set forth in MMC
17.90.070(B) shall apply as applicable.
7. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts
and provide appropriate screening.
8. Buildings containing a residential occupancy as defined by the building code shall not be
utilized as a support structure.
B. An antenna may be mounted to a support structure such as a lattice tower, monopole and
similar freestanding structures, provided that:
1. The support structure shall be designed and placed on the site in a manner that uses
existing trees, mature vegetation, and existing structures to:
a. Screen as much of the total facility from prevalent views;
b. Provide background in a manner that the total facility blends to the maximum extent
feasible into the background with increased sight distances; and
c. Integrates the existing trees and mature vegetation to the maximum extent feasible
with concealment requirements.
2. The maximum height of the wireless communication facility, including the height of the
antenna, shall not exceed 35 feet above original or finished grade, whichever is lower.
3. The maximum height in MMC 17.90.070(B)(2) may be increased up to 80 feet without a
variance if:
a. The wireless communication facility is located in Fairweather Nature Preserve
consistent with MMC 17.90.060(A); and
b. The increase in height is the minimum necessary to avoid a significant gap in service
coverage on the SR 520 floating bridge; and
c. The increase in height supports future co -location on the support structure pursuant
to MMC 17.90.110; and
d. All other applicable provisions of this chapter are followed.
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4. Wireless communication facilities, except for security barriers, shall be set back a
distance of at least 500 feet from the property line of all residential properties.
5. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit for power and/ or data.
6. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts
and provide appropriate screening.
17.90.080 Site requirements — City rights -of -way.
The following site requirements shall apply to wireless communication facilities that are located
pursuant to MMC 17.90.050(D).
A. Antennas shall be mounted to an existing utility support structure, except as provided in
MMC 17.90.080(E).
B. The maximum height of the wireless communication facility shall not exceed the height of
the existing utility support structure, except up to 15 additional feet of height may be
permitted above the existing utility support structure, without a variance, provided:
1. Either the increase in height is established by the applicant as the minimum necessary
to eliminate a significant gap in service coverage, or the increase in height is established
by the applicant as the minimum necessary to separate components of the wireless
communication facility from the electrical primary lines; and
2. Negative visual impacts on adjacent properties are minimized by incorporating
concealment and screening; and
3. The measurement for maximum height of the existing utility support structure shall not
include replacements pursuant to MMC 17.90.080(D).
4. The City may at its discretion require an engineering and technical review as part of a
process for approval of the height increase. The selection of the third party shall be at
the discretion of the City with the cost of the technical review borne by the applicant.
The engineering and technical review shall address the following:
a. The accuracy and completeness of the submission;
b. The applicability of analysis techniques and methodologies;
c. The validity of conclusions reached; and
d. Any specific engineering or technical issues designated by the City.
C. The placement of wireless communication facilities on utility support structures in the City
rights -of -way shall be subject to the following requirements:
1. No minimum setback distance from property lines is required;
2. The applicant must demonstrate the selected location, support structure, and wireless
communication facilities will have the least intrusive impact on the high -quality residential
setting of the community as described in the Medina Comprehensive Plan after
considering technical, engineering, and other pertinent factors.
3. Utility support structures containing wireless communication facilities owned and/ or
operated by the same entity, or by entities having common ownership or control, shall be
separated by a distance of at least 750 feet, or by a distance where no additional
wireless communication facilities are visible within the view -shed of the subject pole,
whichever distance is less.
a. Distance shall be measured in a straight line between the bases of the subject poles.
b. This subsection shall not be construed as granting an exclusive right to any person
or entity that would exclude competitors from locating wireless communication
facilities in the City rights -of -way. The minimum distance required for separation
shall not be applied between wireless communication facilities that are functionally
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ITEM OB-1
separate and owned and/ or operated by different entities having no common
ownership or control.
4. Antennas shall meet the following requirements.
a. Antennas mounted on top of a utility support structure shall not extend outside of the
circumference of the pole as measured at the base, except:
i. Antennas placed inside of a shroud may extend outside the circumference of the
pole provided the diameter of the shroud does not exceed 1.25 multiplied by the
diameter of the pole as measured at the base; or
ii. Omni -directional antennas not exceeding 4 inches in width with a volume of 905
cubic inches or less each may be mounted on a single cross arm attached to the
pole provided each antenna is separated from the nearest antenna by a
horizontal airspace distance of at least 3 times the width of the larger antenna.
b. Antennas mounted to the side of a utility support structure shall:
i. Not have the furthest point of any antenna (including mounting brackets) extend
more than one -foot outside of the circumference of the pole measured at the
point of attachment, except:
ii. Omni -directional antennas may be mounted on a cross arm subject to the
limitations set forth in MMC 17.90.080(C)(4)(a)(ii).
c. More than one antenna may be mounted to a utility support structure.
d. Concealment is incorporated pursuant to MMC 17.90.100.
5. Conduit required for power and cabling attached to the outside of a utility support
structure shall be limited to 4 inches in diameter per conduit and the total combine
diameter of conduit for all wireless communication users at any individual location shall
not exceed 16 inches.
6. The hearing examiner may approve deviations from the standards in MMC 17.90.080(B),
17.90.080(C)(3),(4) and (5), and MMC 17.90.080(E) under a non -administrative special
use permit provided the applicant can demonstrate the deviation will satisfy the following
criteria:
a. There exists an actual (not theoretical) significant gap in service coverage;
b. The proposed deviation will be designed and located to remove the significant gap in
service coverage in a manner that is, in consideration of the values, objectives, and
regulations set forth in this chapter, including MMC 17.90.080(C)(2), the zoning
code, and the comprehensive plan, the least intrusive upon the surrounding area;
c. The granting of the deviation will not be detrimental to the public welfare;
d. The proposed least intrusive deviation is the minimum deviation necessary to resolve
the significant gap in service coverage;
e. No other less intrusive and feasible, alternative technologies, existing support
structures, or alternative sites are available that will allow the applicant to resolve the
significant gap in service coverage without a deviation from the standard.
7. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit for power and/ or data.
8. Concealment, consistent with MMC 17.90.100, is incorporated to minimize visual
impacts and provide appropriate screening.
9. The purpose statements set forth in MMC 12.32.010 for structures in the unimproved
portions of the public's right-of-way are applied as applicable.
An existing utility support structure shall include utility poles that are removed and replaced
with a new utility pole provided:
1. The replacement is consistent with standard utility pole replacement practices for
maintenance or emergencies; or
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ITEM OB-1
2. The replacement is for the purpose of accommodating additional wireless
communication facilities provided the diameter width of the replacement is not more than
1.5 multiplied by the diameter of the base of the existing pole; or
3. The replacement is for the purpose of accommodating street improvements required by
the City; and
4. Except for MMC 17.90.080(D)(3), the replacement pole shall not be moved more than 10
feet from the location of the existing pole (measured from the pole center point of the
existing and new pole location).
E. When an existing utility support structure is unavailable due to utilities being located
underground, an alternative support structure may be approved by a non -administrative
special use permit provided:
1. Placement is consistent with the provisions set forth in MMC 17.90.080(C);
2. The height of the wireless communication facility does not exceed a height of 45 feet
above the existing grade, except within the Neighborhood Character Preservation
District (chapter 17.21 MMC) the maximum height shall be the lower of:
a. Thirty-five feet above the existing grade; or
b. The elevation at the highest point of the roof of the nearest single-family dwelling
located on the higher elevation side of the support structure.
3. The wireless communication facility is designed in accordance with the following:
a. The antenna and ancillary facilities shall be incorporated into the interior of the
support structure or concealed so as not to be visible from any City street or
surrounding neighborhood properties;
b. In addition to MMC 17.90.080(E)(4), concealment shall take the form of disguising
the support structure so it appears to be a decorative or attractive architectural or
natural feature, such as a decorative street light, artwork, tree, bush, or similar
feature approved by the City.
4. Concealment, consistent with MMC 17.90.100, is incorporated to minimize visual
impacts and provide appropriate screening.
17.90.090 Security barrier.
If a security barrier is installed that includes a fence, wall or similar freestanding structure, the
following shall apply:
A. The height of the structure shall not exceed 6 feet measured from the point of existing or
finished grade, whichever is lower at the exterior side of the structure to the highest point of
the structure.
B. A sight -obscuring vegetated landscaped barrier shall be installed and maintained to screen
the structure and facilities from adjoining properties and City rights -of -way.
1. Placement of landscape vegetation shall include areas outside of the barrier and shall
obscure the site within 12 months.
2. Landscaping and the design of the barrier shall be compatible with other nearby
landscaping, fencing and freestanding walls.
C. If a chain -linked fence is used, it shall be painted or coated with a non -reflective color.
D. The limitations set forth for walls and fences in MMC 17.76.030 shall apply. The limitation
for a chain -link fence shall not apply if the wireless communication facility is located in the
City rights -of -way.
17.90.100 Concealment.
All wireless communication facilities must incorporate concealment techniques consistent with
this section that screen, hide, or disguise facilities in a manner that makes them visually
inconspicuous to the extent technically feasible to surrounding properties and City streets.
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[=
C.
A
ITEM OB-1
For building mounted installations the following concealment techniques must be applied:
1. Screening materials matching color, size, proportion, style, and quality with the exterior
design and architectural character of the structure and the surrounding visual
environment;
2. Antennas must be mounted inside of the building or behind screening whenever
possible;
3. Ancillary facilities, except conduits for power and/ or data, must be concealed by locating
the equipment inside an existing nonresidential building, or in an equipment housing
structure, meeting the requirements set forth in MMC 17.90.100(D);
4. Other techniques that prevent the facility from visually dominating the surrounding area.
For support structure mounted installations, such as a lattice tower, monopole and similar
freestanding structures, the following concealment techniques must be applied:
1. All components associated with the wireless communication facility mounted on the
exterior side of the structure shall be painted to match the predominant color of the
support structure;
2. The support structure shall be painted in a non -reflective color that matches the
predominate visual background and/ or adjacent architecture so as to visually blend in
with the surrounding development;
3. In certain conditions, such as locations that are readily visible from a large number of
residential properties or public spaces, the City may require additional concealment such
as disguising the support structure to appear as an attractive architectural or natural
feature;
4. Ancillary facilities, except for conduits for power and/ or data, must be concealed by
locating the equipment inside an existing nonresidential building, or in an equipment
housing structure, meeting the requirements set forth in MMC 17.90.100(D);
5. Other techniques that prevent the facility from visually dominating the surrounding area.
For utility support structure installations the following concealment techniques must be
applied:
1. Except for antennas mounted on top of a pole, all components associated with the
wireless communication facility mounted on the exterior of the pole shall be painted to
match the predominant color of the pole or utility attachments to the pole;
2. Antennas mounted on top of the pole may be painted to match the pole, or may be
painted to blend into the background;
3. Ancillary facilities, except conduits for power and/ or voice, video, or data lines must be
concealed by locating the equipment inside an existing nonresidential building, or in an
equipment housing structure, meeting the requirements set forth in MMC 17.90.100(D);
and
4. Other techniques that prevent the facility from visually dominating the surrounding area.
Equipment housing structures shall employ the following concealment techniques:
1. Except as provided for in MMC 17.90.100(D)(2), equipment housing structures shall be
placed underground and subject to the following:
a. Up to 5 inches may be located above the finished or original grade, whichever is
lower;
b. All visible portions of the structure shall be screened from the view of neighboring
properties and public places by dense vegetation approved by the City; and
c. The location of the facility must not interfere with existing uses of public land
2. Up to two small equipment housing structures containing ancillary facilities may be
mounted to the outside of a support structure provided:
a. It is not technically or economically feasible to locate ancillary facilities within the
interior of the support structure;
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ITEM OB-1
b. Each equipment housing structure shall not exceed 4.5 cubic feet in volume, nor
protrude more than one foot perpendicular from the tangent or surface where the
equipment housing structure attaches to the support structure; and
c. A minimum clearance of 10 feet is maintained between the bottom of the equipment
housing structure and the ground or sidewalk below.
17.90.110 Co -location.
A. An applicant shall, to the extent commercially reasonable, cooperate with owners of existing
wireless communication facilities in co -locating additional antennas on support structures.
B. Applicants shall demonstrate that they have made a good -faith effort to co -locate with other
support structures currently used for wireless communication facilities, and that no co -
location opportunities that meet the requirements of this code are available.
C. An applicant shall be considered to have demonstrated a good -faith effort when they can
demonstrate that:
1. No existing or approved (but not built) support structures are available within the service
area meeting the applicant's engineering requirements;
2. No existing support structures are available which provide or may be practically modified
to provide sufficient height to meet the applicant's engineering requirements;
3. No existing support structures are available which provide or may be practically modified
to provide sufficient structural strength to support the applicant's proposed antenna and
related equipment; and
4. The applicant's proposed antenna would cause electromagnetic interference with
existing antennas on the support structure, or the existing antennas would cause
electromagnetic interference with the applicant's antenna if it is located on the support
structure when properly maintained and operated according to applicable law and
manufacturer's guidelines.
5. Other limiting factors are present that render existing support structures unsuitable.
D. In the event a dispute arises as to whether an applicant has exercised good -faith in
determining co -location opportunities, the City may at its discretion require an engineering
and technical review, at the applicant's sole cost and expense, as part of a process for
approval of the height increase pursuant to MMC 17.90.080(B)(4).
E. Failure to comply with the co -location requirements of this section may result in the denial of
an application or revocation of an existing permit.
F. The City may require new support structures to be constructed so as to accommodate future
co -location, based on expected demand for support structures in the service area, provided
this requirement would not cause the application to be rejected by the City.
17.90.120 Non -administrative special use permit required.
A non -administrative special use permit is required for all wireless communication facilities
pursuant to the provisions in chapter 17.56 MMC.
A. An approved non -administrative special use permit shall become null, void and
nonrenewable if the wireless communication facility is not constructed within one year of the
date the decision on the non -administrative special use permit becomes final.
B. The City manager or designee may grant a 6-month extension, if construction has
commenced before expiration of the one year deadline and an extension fee is paid
prescribed by the City's fee schedule.
C. The applicant shall maintain the facility to the standards that may be imposed by the non -
administrative special use permit.
D. In addition to the non -administrative special use permit, construction permits and
construction mitigation may also apply.
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E. The requirement for a non -administrative special use permit shall not apply to routine
maintenance, repair and replacement of wireless communication facilities provided:
1. A non -administrative special use permit has previously been approved for the wireless
communication facility; and
2. The repair and maintenance work excludes changes in height or dimensions of
antennas, towers, or buildings; and
3. Any change of antennas has the same area or less than those removed and the
replacement antennas are compliant with the requirements of the non -administrative
special use permit and this code, including by way of example and not limitation,
requirements for concealment.
G. The placement of additional electronic equipment within an approved equipment housing
structure shall not require a non -administrative special use permit provided there is no
expansion of the equipment housing structure.
H. If a non -administrative special use permit is for the transfer of ownership or lease and
involves no physical changes to the appearance of the wireless communication facility, and
the transfer will not modify the conditions of approval prescribed by the non -administrative
special use permit, the City manager or designee may approve the non -administrative
special use permit as a ministerial decision without the requirement of new noticing.
17.90.130 Application submittal requirements.
In addition to the submittal requirements set forth in MMC 17.56.020, all applications for
wireless communication facilities shall include at least one original and four copies, unless
specified otherwise, of the following information.
A. A copy of the FCC license and any other applicable licenses applicable to the intended use
of the wireless communication facilities.
B. A complete description of the proposed facility, including preliminary or conceptual drawings
showing dimensions and other relevant information in which to evaluate the facility's
compliance with this chapter. All plans shall include the maximum build -out of the proposed
facility as anticipated by the applicant at the time of the application.
C. Maps showing the coverage area of the proposed facility and explanation of the need for
that facility. This includes documentation demonstrating a need for the facility pursuant to
MMC 17.90.140.
D. Area map showing the service area and the location of all sites currently operated by the
applicant and the carrier provider within the City and a one -mile radius from the City
boundaries. Information on each site's targeted area and capability of providing service
shall be included.
E. An evaluation of the view -shed including, but not limited to:
1. A diagram or map showing the view -shed from a site plan perspective;
2. Photo simulations with -graphics showing the views and appearance of the components
of the wireless communication facility before and after installation: and
3. The views shall be shown from at least four points, which are mutually agreed upon by
the City manager or designee and the applicant, within the impacted vicinity.
G. A site and landscaping plan showing:
1. The location of all existing and proposed wireless communication facilities on the site;
2. Existing structures, trees and other significant site features;
3. Information on the proposed vegetative planting; and
4. Information on the proposed concealment that will be employed.
H. Documentation demonstrating compliance with non -ionizing electromagnetic radiation
(NIER) emissions standards adopted by the Federal Communication Commission.
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J.
K.
L.
ITEM OB-1
Documentation showing that the proposed facility will not cause interference with other
wireless communication facilities and telecommunication devices.
Signed statements indicating the following:
1. The applicant agrees to allow for the potential co -location of additional wireless
communication facilities by other providers on the applicant's structure or within the
same site location:
a. Provided all safety and structural requirements are met; and
b. Any future owners or operators will allow co -location.
c. If the applicant does not own the support facility, a consent agreement by the owner
is required granting access to other users for the same structure or facility.
2. The applicant agrees to remove the wireless communication facility within 90 days after
that site's use is discontinued
A lease agreement with the landholder, or franchise agreement if in a right-of-way, that:
1. Allows the landholder to enter into leases with other providers; and
2. Specifies that if the applicant fails to remove the facility upon 90 days of its discontinued
use, the responsibility for removal falls upon the landholder.
Application permit fee set forth in the fee schedule.
17.90.140 Requirement to demonstrate need for facility.
IT
B.
C.
D.
E.
F
In demonstrating need, an applicant installing a wireless communication facility to receive
and transmit wireless telephone and data communication signals of subscribers to a
personal wireless service must demonstrate that the facility is a personal wireless service
facility and that the applicant is a carrier providing personal wireless services or has a
binding agreement with one or more carriers who provide personal wireless services.
All proposals for new wireless communication facilities shall demonstrate a need and
include satisfactory evidence that the facility is designed for and will provide services
primarily for residents of the City of Medina and/ or visitors within the City's jurisdiction.
Wireless communication facilities may be designed to serve people outside of the City limits
provided that satisfactory evidence is provided that the facility is needed to complete a
regional network
All proposals for new wireless communication facilities, in demonstrating need, shall include
satisfactory evidence that the types of facilities are the least intrusive on the high quality
residential setting of the community.
To demonstrate need, the following information must be documented:
1. The need for the applicant to complete a network of local or regional services;
2. The ability of the applicant to provide services to Medina residences using other
facilities, either existing or planned, inside and outside the City limits of Medina;
3. The inability of the applicant to fulfill the need for the facility with sites available in other
jurisdictions.
4. How the types and locations of the wireless communication facilities chosen are the
least intrusive upon the surrounding area in needing to complete a network of local or
regional services.
Documentation shall include propagation studies and maps that support the need for the
wireless communication facilities. If need includes capacity issues, documentation must
include usage and forecasted or present blockage, call volume, drive -test data results
including date of test, location of tests, signal strength results, and any other technically
pertinent information that supports a need for the wireless communication facilities.
17.90.150 Radio frequency standards.
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ITEM OB-1
A. The wireless communication facility shall comply with federal standards for radio frequency
emissions. As a condition of approving a non -administrative special use permit, the City
may require monitoring reports showing compliance. If after review of a report the City finds
that the facility does not meet federal standards, the City may revoke or modify the
conditions of the non -administrative special use permit.
B. The applicant shall be responsible to ensure that the wireless communication facility does
not interfere with the reception of area television or radio broadcasts. If evidence is found
that the wireless communication facility is interfering with such reception, upon receiving
written notice from the City, the applicant shall have 60 days to correct the problem, or the
City may revoke or modify the special use permit.
C. Revocation or modification of a special use permit shall require a hearing before the hearing
examiner. Revocation shall be processed pursuant to MMC 1.15.540.
17.90.160 Assignment of subleasing.
A. A special use permit for a wireless communication facility may not be transferred or
assigned to another owner or lessee unless until the assignee obtains a non -administrative
special use permit for the wireless communication facility.
B. No sublease shall be entered into by a provider until the sub -lessee has obtained a non -
administrative special use permit for its facility.
C. An assignee or sub -lessee seeking a permit shall submit all data required for an original
permit.
17.90.170 Maintenance required.
The applicant shall maintain the wireless communication facility consistent with the provisions of
this chapter and any conditions imposed by the non -administrative special use permit. Such
maintenance shall include, but is not limited to, maintenance of the paint, structural integrity and
landscaping. If the applicant fails to maintain the facility, the City may undertake the
maintenance at the expense of the applicant or may revoke the special use permit pursuant to
MMC 1.15.540 for noncompliance with the Medina Municipal Code.
17.90.180 Abandoned facilities.
A wireless communication facility that is unused for more than 90 consecutive days is hereby
declared abandoned. Abandoned facilities shall be removed no later than 90 days from the
date of abandonment. Failure to remove an abandoned facility is declared a public nuisance
and is subject to abatement actions and penalties set forth in chapters 1.15 and 8.04 MMC.
Section X. Additional Action. The City Manager is directed to amend the City of Medina
2009 Fee Schedule, adopted by City Council April 13, 2009, to change the fee for Wireless
Communication Facility Permit to read $5,000 plus consultant costs.
Section X. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase
of this ordinance.
Section X. Effective Date. This ordinance shall take effect five (5) days after its
publication or the publication of a summary of its intent or contents.
PASSED BY THE CITY COUNCIL ON THIS _ DAY OF 2010 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2010.
14 of 15
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Draft
1
2
3
Approved as to form:
Bruce Disend, City Attorney
0
15 of 15
Mayor Bret Jordan
Attest:
Rachel Baker, City Clerk
ITEM OB-1
Page 79
ITEM OB-2
MEDINA CITY COUNCIL MEETING: AUGUST 9, 2010
Subject/Title: City Hall Remodel Funding
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
Bids for the City Hall expansion and remodel came in significantly higher than everyone had hoped, in
the current economy. At the July 12 Regular meeting, City Council rejected all bids, called for new
bids, and directed staff to review the design with the architects to determine whether or not any cost
savings could be found. Council Facilities Committee reviewed the potential reductions resulting from
the value engineering and felt that any changes that resulted in substantial savings also resulted in
substantial reduction in quality and functionality of the building. They did not recommend any major
changes in the design or materials at the expense of long term quality and pride in the building.
Estimates, based on the lowest bid and all other anticipated costs, indicate the need for an additional
$920,000 to fund the gap. Funding to fill this gap and complete the city hall project can be
accomplished using real estate excise tax and fund balances anticipated in the 2011 Capital budget
and by delaying other capital projects in 2011. Under this scenario, it is anticipated that it would not be
necessary to borrow money to complete the city hall project as it is currently designed. Based on
revenue history from 2008 and 2009, we anticipate adequate real estate excise tax revenues in 2010
and 2011 to fund almost 80% of the funding gap with the remaining 20% coming from the reserve
fund, which currently has $2.2M.
The majority of the funds used to fill the gap are Real estate excise taxes and are required by law to be
spent for capital projects. Therefore, there should be no adverse impact on operating revenues and
expenditures.
ATTACHMENTS: DRAFT CITY HALL REMODEL COST ESTIMATES AND FUNDING PLAN
BUDGET/FISCAL IMPACT: NO IMPACT ON 2010 OPERATING AND CAPITAL BUDGETS
STAFF RECOMMENDATION: Approve Motion
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: "I MOVE TO DIRECT THE CITY MANAGER TO DRAFT THE 2011 CAPITAL
BUDGET FUNDING THE CITY HALL REMODEL BASED ON THE ATTACHED FUNDING PLAN."
Page 80
ITEM OB-2
DRAFT CITY HALL REMODEL COST ESTIMATES AND FUNDING PLAN
Current estimated construction_ costs
Construction (bid) = $ 1,640,000
Technology (bid) = $ 156,000
City Hall Furnishings (est.) = $ 70,000
Sub -total = $ 1,866,000
WA. State Sales Tax = $ 167,000
10% Contingency = $ 180,000
Architect fees remaining = $ 70,000
Total current estimated project costs =$ 2,283,000
Moving Costs = $ 15,000
Temporary city hall site Lease = $ 42,000
Modular Office Trailer Leases = $ 40,000
Total moving costs =$ 97,000
Total Project Cost = $ 2,380,000
Funding
2010 Unobligated Funds for city hall project = $1,460,000
Funding the gap
2010 Capital Project Ending Fund balance = $ 400,000*
Delayed 2011 Capital Projects = $ 320,000**
Tap Reserve Fund (currently ($2.2M) = $ 200,000***
Total available and anticipated funds = 920 000
Total Funding Available 2010-2011
= $ 2,380,000
* 2010 Capital Projects budget has a $400,000 unallocated ending fund balance as a result of excess
revenues over expenditures in previous years
** Anticipated 2011 REET 1 = $250,000 (delay Phase II Cameras to 2012)
Anticipated 2011 REET 2 = $70,000 (delay Evergreen Point Road Overlay to 2012)
$320,000**
***If revenue projections from Real estate excise tax do not meet budget projections in 2010 or 2011,
the needed balance could be borrowed from the Reserve Fund and a plan developed to repay the fund
over a period of time
Page 81
ITEM OB-3
MEDINA CITY COUNCIL MEETING: AUGUST 9, 2010
SUBJECT/TITLE: Temporary City Hall Facilities with St Thomas Church
U consent U Ordinance LJ Public Hearing
X City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Joe Willis Sr
BACKGROUND/SUMMARY:
At the March 22"d Council Study Session, Council requested that staff vet the option of placing two modular
offices trailers on the St Thomas Church property and then share their use with the Church after City staff
move back to City Hall under a potentially mutual benefit arrangement. Meetings and correspondence
between Church officials, representatives, and the Public Works Director were reported to the Council on
April 12t" and discussed, after which Council authorized the City Manager to negotiate a lease agreement
with St Thomas Church and to sign the agreement provided the total lease agreement costs did not exceed
$ 20,400.
Since April 12th, the City Manager and Public Works Director have met with St Thomas Church Officials and
representatives and worked out a substantially agreed upon lease. The terms of the lease are as follows:
• The location for two 24' x 60' mobile office trailers is the southeast corner of the Church parking lot
where the current Metro Park & Ride parking exists parallel to 84`h Ave NE. The placement of the
offices will be such that double lanes for traffic along the east side of the Church sanctuary will be
maintained.
• The lease of the mobile offices, their setup and temporary utility connections will be the responsibility
of the City. The Church currently desires to assume responsibility for the portable offices at the time
the City vacates them (upon completion of the City Hall renovation) to be utilize by them during the
replacement of their Parish Hall. Should the Church elect not to use the trailers, the City will pay for
their removal and restore the site to the condition that existed prior to the lease.
• The term of the lease is for a period of up to 18 months with a 60 day prior notice on the intended
date they will be vacated.
• The City will create 14 new parking spaces on the site in front of the present Parish Hall that will
remain following City vacation of the mobile offices.
• Upon final removal of the mobile offices, the City will remove 17 existing poplar trees along the 84t"
Ave NE frontage and replant 8 Bowhall maple trees (the Church will reimburse the City for 50% of
the cost for the removal of the poplar trees).
The St Thomas Church committees have reviewed the final draft lease agreement and are ready to sign the
agreement. Since the prior approved Council motion of April 12, 2010 limits the cost of the lease to $
20,400, a new motion is required.
Attachment: Draft Lease Agreement
BUDGET/FISCAL IMPACT: Estimated $ 42,000 for site preparation and tree removal.
Authorize the City Manager to finalize a lease agreement with St
STAFF RECOMMENDATION: Thomas Church and following City Attorney review to sign the
CITY MANAGER REVIEW:
"I nii6ve to authorize the City Manager to finalize a lease
PROPOSED COUNCIL MOTION: agreement with St Thomas Church and following City Attorney
review to sign the agreement.'
Page 82
LEASE AND PARKING STALL LICENSE AGREEMENT
1. PARTIES. This Lease and Parking Stall License Agreement (the "Lease"),
dated (for reference purposes only) , 2010, is made by and
THE RECTOR, THE CHURCH WARDENS AND VESTRYMEN OF SAINT
THOMAS' PARISH IN THE CITY OF MEDINA, KING COUNTY, a
Washington nonprofit corporation (the "Landlord") and the CITY OF MEDINA,
a Washington municipal corporation (the "Tenant").
2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord a portion of the property legally described in Exhibit A. The
location of the premises that is subject to this Lease is depicted on the
drawing attached as Exhibit B (the "Premises"). The Premises are situated
generally along the eastern edge of the Landlord's property parallel to 84th
Avenue N.E.
3. PARKING STALL LICENSE. Landlord hereby grants to Tenant a license to
use nineteen (19) parking stalls located on the Landlord's property as
described herein (collectively the "Licensed Parking Stalls") during the term of
this Lease as follows:
a. Six (6) parking stalls adjacent to and located just north of the Office
Trailers (as that term is defined herein) for use by the Tenant for Tenant
police vehicles, as depicted on Exhibit B attached hereto. This license
shall be for the exclusive use of Tenant 24 hours per day and seven
days a week.
b. Six (6) parking stalls adjacent to and located just south of the Office
Trailers (as that term is defined herein) for use by Tenant's employees,
as depicted on Exhibit B attached hereto. This license shall be for the
exclusive use of Tenant during the hours of 7:00 AM and 5:00 PM,
Monday through Friday.
c. Three (3) parking stalls adjacent to ingress located in the southeast
corner of Landlord's property for use by invitees of Tenant, as depicted
on Exhibit B attached hereto. This license shall be for the exclusive use
of Tenant during the hours of 8:00 AM and 5:00 PM, Monday through
Friday.
d. Four (4) parking spaces adjacent to the parking stalls described in
Section 3(b) above, located in the southeast corner of Landlord's
property for use by Tenant's employees, as depicted on Exhibit B
attached hereto. This license shall be for the exclusive use of Tenant
during the hours of 7:00 AM and 5:00 PM, Monday through Friday.
Tenant will not be permitted to use any of the Licensed Parking Stalls until
Landlord has approved the content and location of all signage to indicate
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ITEM OB-3
the Licensed Parking Stalls are to be used by employees and invitees of
Tenant. Tenant will promptly cause all signage to be removed upon
termination of this Lease.
Tenant shall have no license or authorization to use any other parking stalls
on Landlord's Property, nor shall Tenant be authorized to use the Licensed
Parking Stalls outside of the hours set forth above.
4. TERM.
The term of this Lease is for a period of 18 months commencing
(herein, the "Commencement Date") and ending
(the "Initial Term").
5. TENANT IMPROVEMENTS AND POSSESSION.
a. Tenant shall install two 24' x 60' leased mobile office trailers with ADA
accessible ramps (the "Office Trailers") and all necessary utility
connections on the Premises. This usage is permitted under Medina
City Ordinance # 17.56B to benefit Tenant and Landlord. Subject to
receipt of applicable permits, Landlord may increase the size of any
utility connection serving the Premises, provided that Landlord pays the
incremental cost of such capacity upgrade.
b. Tenant shall pay all costs of installation and set up of the Office Trailers.
Landlord intends to occupy the Office Trailers after the Tenant vacates
the Office Trailers by entering into a new lease with the company
supplying the Office Trailers. Should the Landlord decide not to lease
and occupy the Office Trailers following the Tenant's use, the Tenant
shall pay all costs of removal of the Office Trailers.
c. Subject to obtaining a City of Medina permit to be requested by the
Landlord and Tenant, Tenant shall construct at its sole cost and
expense approximately fourteen (14) new parking spaces as shown on
Exhibit B on the Landlord's property (the "New Parking Stalls"), along
with related improvements such as curbs and striping. The New
Parking Stalls shall be constructed of a pervious surface. Tenant and
Landlord will cooperate in the design and permitting of the New Parking
Stalls. Title to the New Parking Stalls shall be vested in the Landlord at
the time of completion of the improvements.
d. Subject to obtaining a City of Medina permit to be requested by the
Landlord and Tenant, Tenant shall install at its sole cost and expense
asphalt on the eastern edge of Landlord's property to run 57 feet to the
east and parallel to the sidewalk and to be constructed of a pervious
surface (the "New Asphalt"). In connection with the installation of the
New Asphalt, Tenant shall install at its sole cost and expense all
necessary curbs and parking stall striping. Tenant and Landlord will
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ITEM OB-3
cooperate in the design and permitting, if required, of the New Asphalt.
Title to the New Asphalt and related improvements shall be vested in
the Landlord at the time of completion of the improvements.
e. Subject to obtaining a City of Medina permit to be requested by the
Landlord and Tenant, Tenant shall install at its sole cost and expense a
new driveway to 84th Avenue NE for ingress and egress (the "84th
Avenue Driveway") for public safety vehicle use. Tenant shall improve
84th Avenue Driveway to accommodate public traffic only if it is
determined by the City's traffic consultant to be safe for vehicles
accessing the driveway and traffic on NE 84th Street and approved by
the City of Medina during the initial Tenant improvement permit process.
Tenant and Landlord will cooperate in the design and permitting of the
84th Avenue Driveway. The 84th Avenue Driveway will remain in place
after the Tenant vacates the site and will be allowed to remain subject to
City of Medina permitting.
f. Tenant shall at its sole cost and expense install signage and striping
related to the Parking Stall License and its use of the Premises (the
"Temporary Improvements"), including but not limited to the striping of
the restricted, dedicated access lane that is located on the eastern edge
of Landlord's property. Tenant and Landlord will cooperate in the
design and permitting of these Temporary Improvements. Upon the
expiration of this Lease, unless the parties agree otherwise in writing,
Tenant will remove these Temporary Improvements and restore the
affected portions of the Premises and Landlord's property to the
condition that existed prior to this Lease.
g. Subject to obtaining a City of Medina permit to be requested by the
Landlord and Tenant, Landlord and Tenant agree that upon final
removal of the Office Trailers from the Premises, Tenant will remove
seventeen (17) existing poplar trees along the eastern portion of the
property which are believed to be hazardous, and will replant the area
with eight (8) Bowhall maple trees on City of Medina right-of-way.
Landlord agrees to reimburse the Tenant for 50% of the cost for the
removal of the existing poplar trees upon their removal by the Tenant.
h. Tenant has accepted the Premises "as -is" in its current condition.
6. RENT.
Tenant agrees to pay all of all costs associated with the preparation and use
of the Premises for the Office Trailers and construction of the New Parking
Stalls, New Asphalt, 84th Avenue Driveway and Temporary Improvements.
Tenant's completion of construction of the New Parking Stalls, New Asphalt,
84th Avenue Driveway, and improvements to the Premises to accommodate
3
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ITEM OB-3
the Office Trailers is a condition precedent to Tenant's occupancy of the
Premises pursuant to the Lease.
Tenant acknowledges that Landlord is entering into this Lease in reliance on
Medina City Ordinance # 17.56B, which permits the Landlord to occupy the
Office Trailers for an 18 month period following the use of the Office Trailers
by Tenant. Landlord has expended considerable funds and resources in
reliance on Landlord's planned future use of the Office Trailers. Landlord is
foregoing a monthly rent payment under this Lease in reliance on this
planned future use of the Office Trailers. Tenant acknowledges that this
ordinance is material to Landlord's entering into this Lease.
7. USE OF PREMISES. The Premises shall be used initially for the
governmental operations, including law enforcement, of the City of Medina
("Permitted Use"), and no other use without the written consent of the
Landlord. Landlord intends to occupy the Office Trailers following their use by
the Tenant under a new lease agreement with the trailer supplier. The Tenant
will provide 60 days prior notice to Landlord of the intended date the Tenant
will vacate the Office Trailers.
8. CARE OF THE PREMISES Tenant will permit no waste, damage, or injury to
the Premises. Tenant shall, at Tenant's sole expense, keep the Premises
and Office Trailers, Licensed Parking Stalls, any landscaping on the Premises
and all construction areas located on Landlord's property in a neat, clean and
sanitary condition, free of rodents and pests, in good order, condition, and
repair and in accordance with all applicable laws, rules, ordinances, orders
and regulations of all governmental agencies and entities with jurisdiction.
Tenant will clean up all construction areas at the end of each day and
properly store all construction materials.
9. ALTERATIONS AND ADDITIONS. Except for those expressly contemplated
in this Lease, Tenant shall not make or have made any alterations, additions,
or improvements to any part of the Premises without first obtaining the prior
written approval of Landlord. Tenant shall complete all work contemplated in
this Lease in accordance with the applicable laws and regulations, in a good
workmanlike manner and in accordance with good commercial construction
practices as performed in the Bellevue, Washington area by licensed
commercial contractors at the time such work is performed.
10. LIENS. Tenant shall keep the Premises and the Landlord's property free and
clear from any liens arising out of any work performed, materials furnished, or
obligations incurred by Tenant. If Tenant, in good faith, contests the validity
of any lien, claim or demand, Tenant shall, at its sole expense, defend itself
and Landlord and shall satisfy any adverse judgment before its enforcement
against Landlord or the Premises.
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ITEM OB-3
11. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily or by
operation of law, assign, transfer, mortgage, pledge, hypothecate, or
encumber this Lease or any interest therein, and shall not sublet the
Premises or any part of the Premises, or any right or privilege appurtenant to
the Premises, or suffer any other person (the employees, agents, servants,
and invitees of Tenant excepted) to occupy or use the Premises, or any
portion of the Premises, without first obtaining the written consent of
Landlord. Consent to one assignment, subletting, occupation, or use by any
other person shall not be deemed to be a consent to any subsequent
assignment, subletting, occupation, or use by another person. Any such
assignment or subletting without such consent shall be void, and shall, at the
option of Landlord, constitute a default under this Lease. Tenant will provide
Landlord any and all lease agreements used to sublet the Premises.
12. HOLD HARMLESS. During the term of this Lease, Tenant agrees to
indemnify and hold harmless Landlord from all claims, actions, causes of
action, judgments, liabilities, expenses, costs and reasonable attorneys' fees
and from all limitations, restraints, penalties or obligations pertaining to
Landlord arising out of any act, omissions, or neglect in connection with (a)
Tenant's (including Tenant's employees, agents, officers, licensees, invitees
or other occupants of the Premises)use or occupancy of the Premises
covered by this Lease, (b) Tenant's (including Tenant's employees, agents,
officers, licensees or invitees) use of the Parking Stall License or (c) Tenant's
(including Tenant's employees, agents, officers, licensees or invitees) work
contemplated by this Lease, except where such is a result of the negligence
or willful misconduct of Landlord, or its agents or employees.
During the term of this Lease, Landlord agrees to indemnify and hold
harmless Tenant from all claims, actions, causes of action, judgments,
liabilities, expenses, costs and reasonable attorneys' fees and from all
limitations, restraints, penalties or obligations pertaining to Tenant arising out
of any act, omissions, or neglect in connection with Landlord's (including
Landlord's employees, agents, officers, licensees, or invitees) ownership of
the Premises covered by this Lease, except where such is a result of the
negligence or willful misconduct of Tenant, or its agents or employees.
The respective indemnity agreements of Landlord and Tenant shall survive
the termination of this Lease as to any act alleged to have occurred during the
term of this Lease, and shall survive until the expiration of the applicable
statute of limitations.
13. SUBROGATION. Landlord and Tenant hereby mutually waive their respective
right of subrogation, that is, they waive this right of recovery against each
other for any loss insured by fire, extended coverage, and other property
insurance policies existing for the benefit of the respective parties. Each party
shall obtain any special endorsements, if required by their insurer, to
evidence compliance with this waiver.
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ITEM OB-3
14. LIABILITY INSURANCE.
a. Tenant shall, at Tenant's expense, obtain and keeping force during the
Term of this Lease a policy of general public liability insurance, naming
Landlord as an additional insured, insuring Tenant against any liability
arising out of the ownership, use, occupancy, or maintenance of the
Premises and all areas appurtenant thereto, as well as Tenant's work
on Landlord's property. The limits for such insurance shall be not less
than One Million Dollars per occurrence, with an annual aggregate of
Three Million Dollars and together with an umbrella/excess coverage
general liability policy in the amount of Five Million Dollars. Such
insurance policies shall have no deductibles. The limitations of such
insurance shall not, however, limit the liability of Tenant hereunder.
Tenant may carry the insurance under a blanket policy. Tenant shall
deliver to Landlord, prior to occupancy of the Premises, confirmation of
the liability insurance provided for under the terms of this Lease, which
verification shall be reasonably satisfactory to Landlord. No policy shall
be cancelable or subject to reduction of coverage except after thirty (30)
days' prior written notice to Landlord.
b. Self Insure. Notwithstanding anything to the contrary contained herein,
Tenant may utilize a program of self-insurance for all or any portion of
the minimum limits of insurance required to be carried by Tenant
hereunder.
15. SERVICES AND UTILITIES.
a. General Utilities. Tenant shall be responsible for the cost of bringing
utilities to the Premises and shall bear its own utility costs for the term of
this Lease.
b. Trash Collection. Landlord hereby grants Tenant a temporary, non-
exclusive license to locate trash and recycling collection dumpsters
and/or bins on Landlord's property adjacent to the existing trash
collection area in the northwest corner of Landlord's property for the
duration of this Lease. Tenant shall pay all costs of removal of trash
and recycling materials generated by Tenant. Tenant will contract for
the regular (at least weekly) removal of trash and recycling. Tenant
shall maintain Tenant's trash collection area in a neat and clean
manner.
16. TAXES AND ASSESSMENTS. All real estate taxes and assessments upon
the leased Premises and the improvements thereto shall be paid by the
Landlord. All personal property taxes upon any fixtures of the Tenant shall be
paid by the Tenant.
6
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ITEM OB-3
17. HOLDING OVER. Upon the termination or expiration of the Lease term,
should Tenant remain in possession of the Premises with Landlord's written
consent, occupancy shall be on a month -to -month tenancy basis, terminable
by either party on 30-days written notice to the other. The rent during such
tenancy shall be $ 1,000 per month payable under this agreement for the last
full calendar month of the Initial Term, plus all other charges payable under
the Lease. Should Tenant remain in possession of the Premises without
Landlord's written consent, occupancy shall be on a month -to -month tenancy
basis, terminable by either party on 30-days written notice to the other. The
rent during such tenancy shall be at $1000.00 per month plus all other
charges payable under the Lease. Except for such rent and term, the month -
to -monthly rental arrangement will be on the same terms as this Lease.
18. DEFAULT. Either party's failure to timely perform any of its obligations under
this Lease shall constitute a default. If the defaulting party does not remedy a
default within 20 days after written notice thereof from the non -defaulting
party, then the non -defaulting party may elect to terminate this Lease.
In the event of Tenant's default hereunder, including Tenant's failure to
complete the work that is a condition precedent to their possession of the
Premises, Landlord may after 20 days written notice, terminate Tenant's right
to possession of the Premises by any lawful means, and this Lease shall
terminate; Landlord may re-enter and take possession of and remove all
persons or property, and the Tenant shall immediately surrender possession
of the Premises to Landlord. Landlord may recover from the Tenant all
damages incurred by the Landlord for the Tenant's default.
19. HAZARDOUS MATERIALS. Tenant shall not cause or permit any Hazardous
Material to be generated, produced, brought upon, used, stored, treated or
disposed of in or about the Premises or Landlord's property by Tenant, its
agents, employees, contractors, or invitees (other than Hazardous Materials
used by Tenant in the ordinary course of Tenant's Permitted Use of the
Premises so long as such is used in compliance with all federal, state or other
applicable laws). As used herein, the term "Hazardous Materials" means any
flammable item, explosives, radioactive materials, hazardous or toxic
substances, material or waste or related materials, including any substances
defined as or included in the definition of "hazardous substances,"
"hazardous waste," "hazardous materials" or "toxic substances" now or
subsequently regulated under any applicable federal, state or local laws or
regulations, including without limitation petroleum -based products, paints,
solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia
compounds and other chemical products, asbestos, PCB's and similar
compounds, and including any different products and material which are
subsequently found to have adverse affects on the environment or the health
and safety of persons. This prohibition of hazardous materials shall not apply
to any materials or devices stored in the Premises for use by Tenant's law
enforcement officers in the course of their official duties.
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ITEM OB-3
20. CORPORATE AUTHORITY OF PARTIES. If Tenant and/or Landlord is a
corporation, each individual executing this Lease on behalf of the corporation
represents and warrants that that individual is duly authorized to execute and
deliver this Lease on behalf of the corporation, and that this Lease and its
terms are binding on the corporation.
21. GENERAL PROVISIONS
a. Notices. All notices and demands which may or are to be required or
permitted to be given by either party to the other hereunder shall be in
writing. All notices and demands by Landlord or Tenant to the other
party shall be sent by any nationally recognized overnight courier or by
certified or registered United States Mail, postage prepaid, addressed to
Tenant or Landlord at the below addresses, or to such other place
either party may from time to time designate in writing to the other party.
All Notices shall deem to be received on the second business day
following the mailing of the notices.
If to Landlord: If to Tenant:
Saint Thomas Church City of Medina
8398 NE 12t' Street PO Box 144
Medina, WA 98039 Medina, WA 98039
Attn: Business Manager Attn: City Manager
b. Headings. The headings and paragraph titles of this Lease are not a
part of this Lease and shall have no effect on the construction or
interpretation of any part hereof.
c. Time. Time is of the essence for each and all of the provisions of this
Lease in which performance is a factor.
d. Successors and Assigns. The covenants and conditions herein
contained, subject to the provisions as to assignment, apply to and bind
the heirs, successors, executors, administrators, and assigns of the
parties hereof.
e. Recordation. Neither Landlord nor Tenant shall record this Lease or a
short form memorandum hereof without the prior written consent of the
other party.
f. Quiet Possession. Tenant shall have quiet possession of the Premises
for the entire term of this Lease, subject to all the provisions of this
Lease, if Tenant pays all rent required by this Lease and observes and
performs all of the covenants, conditions, and provisions on Tenant's
part to be observed and performed.
ITEM OB-3
g. Landlord's Liability. The term "Landlord," as used in this Lease so far as
obligations on the part of Landlord are concerned, shall mean only the
owner or owners of fee title to the Premises at the time in question, and
upon any transfer, the then grantor shall be automatically freed and
relieved after the date of such transfer of all liability for the performance
of any obligations on the part of the landlord contained in this Lease
thereafter to be performed, provided that any funds in the hands of such
landlord or the then grantor at the time of such transfer, in which Tenant
has an interest, shall be turned over to the grantee, then any portion of
that amount which thereafter becomes due and payable to Tenant by
Landlord under any provision of this Lease, shall be the obligation of the
grantor. The Landlord's obligations contained in this Lease shall, subject
to the aforesaid, be binding on Landlord's successors and assigns,
during and in respect of their respective successive periods of
ownership. Notwithstanding the foregoing, the liability of Landlord for the
performance of its duties and obligations under this Lease is limited to
Landlord's interest in the Premises, and neither the Landlord nor any of
its partners, shareholders, officers or other principals shall have any
personal liability under this Lease.
h. Prior Agreements. This Lease contains all of the agreements of the
parties with respect to any matter covered or mentioned in this Lease.
No prior agreements or understanding pertaining to any such matters
shall be effective for any purpose. No provision of this Lease may be
amended or added to except by an agreement in writing signed by the
parties to this Lease or their respective successors in interest. This
Lease shall not be effective or binding on any party until fully executed
by both parties.
i. Attorneys' Fees. Should any dispute arise between the parties under
this Lease, the prevailing party shall be entitled to recover all costs
reasonable actual attorney's fees, including those for appeals.
j. Separability. Any provision of this Lease which shall prove to be invalid,
void, or illegal shall in no way affect, impair, or invalidate any other
provision, and such other provision shall remain in full force and effect.
k. Cumulative Remedies. No remedy or election hereunder shall be
deemed exclusive, but shall, wherever possible, be cumulative with all
other remedies at law or in equity.
1. Choice of Law. This Lease shall be governed by the laws of the State in
which the Premises are located. Venue of any action shall be in King
County, Washington.
m. Arbitration. Except for proceedings to collect rent or unlawful detainer
proceedings, any controversy or claim arising out of this Lease which
9
Page 91
ITEM OB-3
the parties cannot settle, shall be resolved by arbitration by, and in
accordance with the rules of, the Judicial Arbitration and Mediation
Service (JAMS), using a single arbitrator. For a period of ninety (90)
days following commencement of arbitration, the parties shall have the
right to such discovery as would be permitted by the Federal Rules of
Civil Procedure. The arbitrator shall resolve any dispute in connection
with discovery. The arbitrator may award such injunctive or other
equitable relief as maybe appropriate.
n. Due Date. Any payments or other performance due hereunder, if due on
a Saturday, Sunday, or legal holiday, shall be due on the next regular
business day.
o. Access. Tenant is hereby granted twenty-four (24) hour access to the
Premises.
p. Entire Agreement. It is understood and agreed by the parties hereto
that this Lease represents the entire agreement of the parties with
respect to the subject matter of the Lease and that any additions,
variations or modifications to this Lease shall be void and ineffective
unless in writing signed by the parties hereto and made a part hereof.
The Parties hereto have executed this Lease at the place and on the dates
specified immediately adjacent to their respective signatures.
10
Page 92
ITEM OB-3
Signature Page for Lease and Parking Stall License Agreement
Landlord:
THE RECTOR, THE CHURCH
WARDENS AND VESTRYMEN OF
SAINT THOMAS' PARISH IN THE
CITY OF MEDINA, KING COUNTY,
By:
Printed Name:
Its:
Date:
Tenant:
CITY OF MEDINA,
By:
Donna Hanson
Its: City Manager
Date:
11
Page 93
ITEM OB-3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the of The Rector, The Church
Wardens and Vestrymen Of Saint Thomas' Parish In The City Of Medina, Kina County to
be the free and voluntary act such party for the uses and purposes mentioned in the
instrument.
DATED:
(Print Name)
Residing at
My appointment expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Donna Hanson is the person who
appeared before me and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
City Manager of City of Medina to be the free and voluntary act such party for the uses
and purposes mentioned in the instrument.
DATED:
(Print Name)
Residing at
My appointment expires:
12
Page 94
ITEM OB-3
Exhibit A
Legal Description of Landlord's Property
That certain real property situated in the County of King, State of Washington and more
particularly described as follows:
The South 380 feet of the East 730 feet of the Northeast quarter of the Southeast quarter of
Section 25, Township 25 North, Range 4, Willamette Meridian, except the East 30 feet thereof,
and except the South 30 feet thereof, all in the City of Medina, County of King, State of
Washington.
13
Page 95
Exhibit B
Depiction of Premises
[Attached]
ITEM OB-3
14
Page 96
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ITEM OB-4
MEDINA CITY COUNCIL MEETING: AUGUST 9, 2010
SUBJECTITITLE: Streetscape Policies and Street Standards
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ® Other - Discussion
STAFF REPORT BY: JOE WILLIS & ROBERT GRUMBACH
BACKGROUND/SUMMARY:
At the July 12 council study session, the topic of streetscape was discussed. The topic was raised in
part due to the SR 520 project where improvements associated with the construction of the highway
will spill over into City streets. The state will follow its own design standards inside the SR 520 right-of-
way, but in those areas outside of the highway right-of-way, City standards will govern. Currently, the
City has policies that establish an informal streetscape, but we do not have adopted local street
standards. During the study session, it was recommended that the City establish street standards for
WSDOT to follow within City rights -of -way, or WSDOT will default to their own design manual.
Additionally, the Council discussed having the Planning Commission review the City's streetscape
policies, which are found in the Medina Comprehensive Plan. At the conclusion of the study session,
the Council requested to review a work program for streetscapes.
Attachments: Proposed Work Program
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Provide direction
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to direct staff to develop an ordinance providing the City Engineer
authority to administratively adopt City street standards; and to develop amendments to the Medina
Comprehensive Plan relating to streetscape and placing the amendments on the 2011
comprehensive plan amendment docket.
Page 98
ITEM 01134
° CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina wa.ci
TO: Medina City Council
FROM: Joe Willis and Robert Grumbach
DATE: August 9, 2010
SUBJECT: Review of Streetscape Policies and Standards — Work Program
The following is a proposed work program for reviewing policies and standards
associated with the City's streetscape.
Item
Tasks
Estimated
Completion
Current Policies Street
• Ordinance authorizing City Engineer to
Standards
administratively adopt street standards based on
Fall 2010
current policies
Develop New Policies/ Revise
• Comprehensive Plan Amendments
Non -motorized Transportation
- Application due by end of September 2010
Plan
- Includes new policies and revisions to the Non-
July 2011
motorized Transportation Plan
- Planning Commission hearing/ recommendation
- Council action on 2010-11 Docket
Adoption of Non -motorized
• Ordinance adopting Non -motorized Transportation
Transportation Plan
Plan into Medina Municipal Code
Fall 2011
- Implementation regulations
New Street Standards
• City Engineer administratively updates street
standards based on new policies
Spring/ Summer 2012
• Update re ulations for street trees
Page 99
ITEM OB-5
MEDINA CITY COUNCIL MEETING: AUGUST 9, 2010
Subject/Title: SR 520 Position Letter to WSDOT
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
X City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: JOE WILLIS SR.
BACKGROUND/SUMMARY:
Councilmember Phelps has requested that Council consider sending a letter to WSDOT to point out
Medina traffic concerns that were conveyed to WSDOT in the City's review comments on the Projects
Environmental Assessment, but have not been adequately addressed. Those concerns included the
proposed SR 520 design impacts to the arterial streets feeding to the SR 520 on ramp and more
specifically to the 84t' Avenue NE corridor and ingress and egress for Medina Circle residents.
If the Council concurs that this issue needs to be addressed sooner rather than during the design
phase for the project, the draft letter is appropriate at this time.
Attachments: Draft Letter
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Review Draft Letter and Provide Direction
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to send a letter to WSDOT expressing the need to address the
proposed 84�' Avenue NE corridor design impacts at this time.
Page 100
ITEM OB-5
501 EVERGREEN POINT ROAD • P.O. BOX 144 MEDINA, WA 98039-0144
TELEPHONE 425-233-6400 • FAX 425-454-8490 www.medina-wa.aov
August 9, 2010
Julie Meredith
SR 520 Bridge Replacement and HOV Program Director
Washington State Department of Transportation
600 Stewart Street, Suite 520
Seattle, WA 98101
RE: SR 520, Medina to SR 202: Eastside Transit and HOV Project
Dear Ms. Meredith,
The City of Medina as a cooperating agency appreciated the opportunity to comment
on the Environmental Assessment (EA) document issued by WSDOT in December
of 2009. In May of 2010 WSDOT issued a Finding of No Significant Impact document
for the project that included the City of Medina review comment letter on the EA
document from Joe Willis Sr., Director of Public Works dated January 5, 2010 with
WSDOT responses to the comments (pages 31 — 36 of Attachment 5).
In the Director of Public Works comment letter, problems were highlighted related to
arterial street traffic and the spillback effects of vehicle queuing along the arterial
roadways leading to the SR 520 on ramp at 84th Avenue NE. Today, vehicle queuing
during afternoon peak hours extends south along 84th Ave NE past NE 24th and
along NE 28th Street (Points Drive) past 88th Ave NE. I quote:
"On page 6-10 of Appendix Q, the document states the interchange is
reconfigured with a half -diamond ramp. Fundamentally this changes how the two
NB travel lanes are utilized along 84th Avenue NE. Furthermore, the analysis
indicates vehicle queuing regularly extends to NE 24th Street and will continue to
do so under the Build Alternative. Since vehicles will now be stored in the NB
inside lane of 84th Avenue, the analysis should evaluate the possible blocking
and safety impacts of vehicles trying to ingress and egress from Medina Circle. In
addition, vehicle queuing may at times extend past NE 24th Street and block NB
left turns from 84t Avenue NE to NE 24th Street. These possible impacts are not
disclosed or discussed in the analysis. The City is concerned that solutions to
these problems are not reflected in the proposed design."
Page 101
The WSDOT response in the document reads as follows:
"WSDOT will continue to work with the City of Medina through the design process to
address concerns about traic on 84t Avenue NE. WSDOT will work with the City to
develop access management measures, to and from the Medina Circle
neighborhood, that will fit within the scope of the SR 520, Medina to SR 202:
Eastside Transit and HOV Project."
To date, these issues have not been addressed. The present traffic queuing from
congestion on SR 520 and its spillback effects will be exacerbated by the project
construction. The Medina City Council therefore requests that WSDOT work with the
City at this time to resolve the issues rather than addressing it during the project
design phase.
If you have any questions or require further clarification on any of the above
comments, please feel to contact me or the City Manager.
Sincerely,
Bret Jordan
Mayor
cc. Donna Hanson, City Manager
Joe Willis, Director of Public Works
Page 102
MEDINA CITY COUNCIL ITEM OB-6
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 5:30 pm, unless noticed otherwise
JANUARY 5 (Orientation at 4:00 pm)
Item Type
Topic
Presenter
Council Action
Discussion
Public Official's Do's and Don'ts
Lew Leigh, WCIA None.
—S eve Gicto�, ,Cly
Discussion
Top Five Things New Council Members Should Know
Attorney
None.
JANUARY 11
Item Type
Topic
Presenter,
Council Action
Shoreline Master Program Update - Draft Public
Consent Agenda
Participation Plan
Grumbach
Approved
Consent Agenda
City Hall Schematic Plans
Willis
Approved
Approval of Public Works Truck Snow Removal
Consent Agenda
Equipment Purchase
Willis
Approved
Other Business
Oath of Office to Newly Elected Council Members
Baker
None.
Mayor -Bret Jordan, Deputy Mayor -
Other Business
Election of 2010-2011 Mayor and Deputy Mayor
Mayor
Shawn Whitney
Retreat scheduled 2/3, Study
Other Business
2010 Council Retreat and Meeting Schedule
Hanson
sessions scheduled as needed
Other Business
Draft 2010 Legislative Agenda
Hanson
Amended, approved
Facilities: Boyd, Jordan, Nelson;
Finance: Jordan, Lee, Whitney;
Other Business
2010 Council Committees
Mayor
Personnel: Dicharry, Jordan, Phelps
Other Business
Wireless Communication Coverage
Grumbach
None.
Other Business
Draft Code Enforcement Ordinance
Grumbach
Public hearing scheduled 2/8
FEBRUARY 3 (Retreat at 3:00 pm)
Item Type Topic Presenter Council Action
Discussion 2010 Department Work Plans Dept Directors n/a
__-... __.._..._ .... .-Rep _....____.._ _ .,
ETP. Dicharry, Nelson; WSDOT
SR520: Dicharry, Nelson; PSRC:
Whitney; Sound Transit: Jordan;
SCA: Whitney; Points Mayors:
Discussion Regional Committees/Council Member Attendance Mayor Jordan; Bellevue City Council: Lee
Discussion Review and Update City Council Rules and Guidelines Hanson/Baker None.
Discussion Develop and Communicate Expectations of City Manager Hanson None.
Establishing Best Practices in Council -Manager Form of
Discussion Government Lee None.
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://medino.fileprosite.com.
Page103
ITEM OB-6
MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
FEBRUARY $ --
Item Type Topic ` Presenter Council Action
SR 520 Bridge Replacement and HOV Project
Presentation
Supplemental DEIS
WSDOT
None.
Consent
Public Works_ Vehicle_ Purchase _
Willis
Approved
Schedule Public Hearing for Temporary City Government
Consent
Facilities
Grumbach
Public hearing scheduled 3/8
Confirmation of Planning Commission Appointment
Consent
Recommendation_ _
^Mayorw 4
Appointment confirmedµ
Public Hearing
Proposed Code Enforcement Ordinance
Grumbach
V
None.
Other Business
Proposed Code Enforcement Ordinance
Grumbach
Discussion, action tabled to 3/8
Other Business
Proposed 2010 Planning Commissiqn Work Plan
Grumbach
Amended, approved
Other Business
Options for Temporary City Hall
Willis
Discussion, action tabled to 3/8
Other Business
Follow Up: Wireless Communication Coverage
Grumbach
Discussion, action tabled to 3/8
Other Business
Part 150 Noise Study Representation
Hanson
Consultant contract approved
Schedule Study Session for Review of Council Goals,
_
Other Business
Ground Rules & Guidelines
Hanson
Scheduled 3/22 study session
MARCH s
IternType Topic Presenter Council Action
Consent Agenda Acceptance of Development Services Software Upgrade Grumbach Accepted
Consent Agenda v Approval of Proposed Code Enforcement Ordinance Grumbach Ordinance No. 848 approved.
Hanson / A.
Consent Agenda ARCH Budget & Work Plan Sullivan
Public Hearing Code Amendment Regarding Temporary Government
Facilities Grumbach
Proposed Ordinance Regarding Temporary Government -
Other Business Facilities Grumbach
Approved.
None.
Ordinance failed.
Direction to execute "Option C" with
smallest possible footprint
(installation of two portable office
trailers in Medina Park) and public
meetings to be held at St. Thomas
Other Business
Temporary City Hall Location Options __._..
Willis
School
Approved subject to
Group
recommendations from facilities
City Hall Design Development Plans For City Hall
MacKenzie
committee and department
Other Business
Expansion and Renovation Project .._._..
Architects
directors
Authorized city manager to
negotiate lease agreement and bring
back to the city council for
Other Business
Approval of Lease for SR 520 Wireless Facilities
Grumbach
consideration.
Other Business
Proposed 2010 Park Board Work Plan
Willis
Accepted..
Ordinance Repealing and Reenacting MMC Chapter 2.84
f
_..._._.
Other Business
Regarding Emergency Operations
Hanson
Ordinance No 849 approved.
Authorized city manager to enter
Other Business Interlocal Agreement for Comcast Franchise Negotiations Hanson
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://medina.fileprosite.com.
into an interlocal agreement to
negotiate an extension of the
current franchise agreement with
Comcast Cable
Page104
csue°�,.
MEDINA CITY COUNCIL
2010AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
MARCH 22 (Study Session at 6:00 pm)
Item Type Topic presenter Council Action
ITEM OB-6
Other Business Brietmg Amending chapter 15.04 MMC to adopt 2009 Grumbach/
Washington State Building Codes. Wilcox None. Staff summary oniv.
Direction to staff to vet St. Thomas
Other Business Medina Park Temporary City Hall Options __-
Willis Church parking lot option furtherer.
Review Council's Strategic Goals, Ground Rules, and
Y
Direction for city attorney to review
Guidelines Document
and provide revised copy at later
Other Business
Baker/Hanson date.
Other Business Wireless Communications Consultant
Victor/Hanson None. Consultant introduction.
APRIL 12
Item Type Topic Presenter Council Action
(Sarah Moberly
Presentation
Prosecuting Attorney
& Lynn Roberts)
None.
Other Business
_
Consultant recommendation
Wireless Facilities Update
Grumbachexpected
5/10
e _..._.,._..
Guidance provided and planning
commission recommendation
Other Business
Discussion Regarding Pitched Roof Incentives
Grumbach
expected by December.
Proposed Ordinance Regarding Placement of Temporary
_
Other Business
Government Facilities
Grumbach
Ordinance No. 850 adopted.
Hacrrutrrecrc-ity-nrarragerccr-_. __... _.._
negotiate & sign lease agreements
with St. Thomas Church for site and
portable office trailers for temporary
city hall, not to exceed total
Other Business
Temporary City Hall
Willis
$70,400.
Guidance provided to advertise and
Other Business
Shoreline Master Program Update Advisory Committee
Grumbach
recruit for committee.
_ __..
_
_...
_ _____. .___.,_.,..r..__�._,
Consent to address traffic, transient
moorage and improper mitigation
Proposed Meydenbauer Bay Park and Land Use
concerns to Bellevue City Council via
Other Business
Masterplan.
Mayor
letter.
MAY 10
Item Type
Topic
Presenter
Council Action
Consent Agenda
Approval of Kingun Coty Jail Services Contract
ChenContract
Approved mN �A a
Other Business
Appointment to City Council Position 2
Victor
Shawn Whitney Appointed
Other Business
Election of Deputy Mayor
Mayor
Shawn Whitney Elected
Other Business
_ Appointment to Finance Committee
,. _...., .
Shawn Whitney Appointed
Requested Draft Ordinance for
Other Business
Wireless Facilities Consultant Recommendation
Hanson
Discussion during June 14 Meeting_
Proposed Ordinance Amending chapter 15.04 MMC
Grumbach/
June 14, 2010 Public Hearing
Other Business
adopting 2009 Washington State Building Codes
Wilcox
Scheduled
Authorization for Consultant Design Services for NE 12 &
Authorized Consultant to Design
Other Business
Lk Wash Blvd Traffic Safety Improvements
Willis
Phase 1 of Project
June 14, 2010 Public Hearing
Other Business
Draft Six -Year CIP/TIP (2011-2016)
Willis
Scheduled
Other Business
Authorize Call to Bids: City Hall Renovation Project
Willis
Call for Bids Approved
Other Business
Draft Surplus Equipment Ordinance
Y
Hanson
Ordinance Approved
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://medina.fileprosite.com.
Page105
+14F,�r4 ITEM OB-6
MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
JUNE 14
Item Type
Topic
Presenter
Council Action
Hearing to amend chapter 15.04 MMC adopting 2009
Grumbach/
Public Hearing
Washington State Building Codes
Wilcox
None.
Action amending chapter 15.04 MMC adopting 2009
Grumbach/
Other Business
Washington State Building Codes
Wilcox
Ordinance Number 852 adopted.
Public Hearin
Six Year CIP/TIP 2011-2016)
Willis
None.
Draft Code Amendment Regarding Wireless
Discussed and provided direction to
Other Business
Communication Facilities
Grumbach
staff.
Discussed and provided direction to
Other Business
Solid Waste Services, Rates, and Options
Hanson
staff.
Consent Amanda
Set public hearing dates for three land use ordinances
Grumbach
Approved.
Consent Agenda
Planning Commission Appointments, Position 7
Mayor
Approved.
Approval of Interlocal Project Services Agreement
Consent Agenda
Between Medina and WSDOT
Willis
Approved.
""1Vlemora�um
o"�nde�an`ding �weeri t1Se-City�of �
Medina and Public, Professional and Office -Clerical
Employees and Drivers Local Union No. 763 Establishing a
Voluntary Employee's Beneficiary Association Trust
Consent Agenda .___._.(VEBA)
._._.__..__
Hanson
Approved.__
Acceptance of Proclamation Recognizing Camp Fire USA
Consent Agenda
Central Puget Sound Council
Mayor _
Approved
Resolution Approving Centralized Contracting for A
Consent Agenda
Regional Coalition for Housing (ARCH)
Hanson
Approved Resolution No 342
JULY 12 (Study Session of 5:00 pm)
Item Type -
Topic
Presenter ,
Council Action
Other Business
2010 Budget Review
Hanson
None.
Streetscapes Policies and Standards
None.
Other Business
Gateway Design Concepts for Lk Wash Blvd & NE 12 St
Grumbach/Willis
None.
JULY 12
(tern Type
Topic
Presenter
Council Action
code amendment relating to administrative review
procedures for project permits, text amendments to
Public Hearing, Other
development regulations, area -wide zoning map
Business
amendments, and comprehensive plan amendments
Grumbach
Ordinance No. 855 adopted.
Public Hearing, Other
A code amendment relating to divisions of land and lot
Business
line adjustments
Grumbach
Ordinance No. 854 adopted.
Public Hearing, Other
Business
A code amendment relating to permit fees
Grumbach
Ordinance No. 853 adopted.
Other Business
Adoption of Six -year CIP/TIP _
NWillis
ResolutionNo. 343 approved
Other Business
Bid Award: City Hall Renovation Project
Willis
None.
Other Business
Contract Approval: Modular Office Trailers
Willis
None.
Other Business
Lease Agreement Approval: Temporary City Hall Site
Willis
None
Other Business
Planning Commission Appointments, Position 3
Mayor
David Lee Appointed
Other Business
Surplus Resolution (Public Works Truck)
Willis
ResolutionNo. 344 approved
Consent Agenda
Lease Negotiations with T Mobile _. _._._
`Grumbach
Approved_.___
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://medina.fileprosite.com.
Page106
ITEM OB-6
MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 5:30 pm,
unless noticed otherwise
AUGUST 9 (Study Session at 5:00 pm
item Type
Topic
Presenter Council Action
Other Business
2010 Budget Review and 2011 Budget Direction
Hanson
M
Other Business
City Hall rvRemodel Funding
AUGUST 9
Item Type
Topic
Presenter Council Action
Public Hearing
2011 Preliminary Budget _ _.__., ___._._ __..._
Hanson
-------------
Continued Discussion & Schedule Public Hearing
Regarding Draft Ordinance Regarding Wireless
Other Business
Communication Facilities
Grumbach
Other Business
WSDOT GCA Agreement
Willis
Other Business
City Hall Funding
Hanson
Other Business
2011 Comprehensive Plan _
Grumbach
Other Business
Street Standards
Willis
Contract Approval, Temporary City Hall Lease and Site
Other Business
Improvements with St. Thomas Church
Willis
Consent Agenda SR 520 Position Letter to WSDOT Concerning 84th Traffic Willis
SEPTEMBER 13
Topic Presenter Council Action
Other Business Preliminary 2011 Annual Budget Hanson
Other Business Proposed Traffic Code Ordinance Updatew Disend
Other Business Marine Patrol Contract Chen
Contract Approval, Temporary City Hall Modular Office
Other Business Lease Willis
Other Business Award City Hall Bid Contract Willis
OCTOSER 11
Item Type Topic Presenter Coundl Action
Public Hearing Preliminary 2011 Annual Budget Hanson
Presentation WSDOT/SR 520
OCTOBER 25 (Study Session)
Item Type Topic Presenter Council Action
Other Business Tentative 2011 Budget Study Session Hanson
NOVEMBER 8
Item Type
-Topic
Presenter Council Action
Public Hearing
Proposed Resolution to Adopt 2011 Property_Tax Levy
Public Hearing
Proposed Ordinance to do Apt 2011 Budget
Hanson
Other Business
_
Approval of Resolution to Adopt 2011 Pro�eryTax Levy
_
Hanson_
._.
Other Business
Approval of Ordinance to Adopt 2011 Budget
Hanson
NOVEMBER 22 (Study Session)
Item Type Topic Presenter Council Action
Other Business Tentative 2011 Budget Study Session Hanson
DECEMBER 13
Item Type Topic Presenter Council Action
Proposed Zoning Code Amendment (Formerly Pitched
Oth4.g3 gpAenda ca E@hjK4 o change. Grumbach
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://Medina.fileprosite.com.
Page107