Loading...
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 0 M O t- h O N Now O m� O N N O O O O a0 O V N M O O O M V O h W r N N: M r LO M 0 0 0 O� N u) V V V m 0 M O M O 00 V h O O h N 0 0 0 h N O h a0 i' N N c0 O h N O r LO h (0 0 0 0 0 of C> (0 N M fl- N 0 N M h V O LO N t0 m O m w H N O O LO O V O h M N V r O M N J O O O Li r m P [t O � @ (0 N ICJ M M O O' N N O' a0 J l0 Ol O r r (O (A O (0 O (M h f_ c0 a0 iD N V O O (h m O w M N O N V L r N H N 7 Ln O aD M 69. I� V O h h of 3 � 0 N LO O_ Ln LO t0 a0 M a o V LO m m m t0 7 G f0 N N N 64 N M OD N N N N 4111, ++ 7 C1 O N fR N 01 64 N 6ri N N V N N 69 VF H) W. Ki 6% 613. N N M O1 Q N K N O Q N N O O O O N N Of (0 V M LO O O O CDw O h V M 0 0 M r- (0 N O N CD O O M O 0 M O c0 O V N O O N V O O0 O N N O O O LO O V m M O M V 0 LO O O M O O OR } h r, 0) LO N ap O M O O } W O O ao N M 0 O O cc 0 M O N O M O J M O w w O m O N� NW J N O N t0 (Dao to N f� h O h M N r- N h LO c0 R C6 O LO r- M a) h C r @ N M = R O r O V M r (0 N M T r cc N m (0 LO N O M' O CO -W N 3 tb N (O fV (D to O Of N wqi h N N N 69 N (0 LO3 V n 69 N 69 M 01 03, a) LO m N NNN Ui M N N O V V N V3 r NN6A fA N N N O Q N N O Q N VF N N N H (' (0 O h m an O U7 M Of M h LA F (' V O O Lb O V aD O h O V h W Oi h N M W (o LO o LO rn r h CO h r Cl h h r W (o n o au m v c0 (o O n Ln (c (O Un r (o r h a uL ? a O O f0 Ili d' f0 (O LO C' OD � Q 10 O z OS O h N f0 ti LO V 05 OS n eV (0 (V LO i0 Z h W m 0 m 0 0 0 0 O M O N Z N 7 0 LO R P W O L() t0 O V h N Lff G h (O r 0 CO 0 0 0 ao O N Lt7 a0 a0 M O0 N �l n � h of V t0 � T (+1 .N.. a0 r � � N N r Ln � O O LO C7 h O CO � Oi � W N O N h (O 6A V7 O W V O e0- m �. O M W V O O O m m m O N V H N W N O 00 N N N N M W LO N N ER N N N ON MN N MN N N N N NN N (O (0 ac N NNN N N Nei N v N N N N N N a I-., e e e e e e e e e e e e e CO C N 60 T O h O M O M M O CO LM m LO O V (0 t? Ln O V O f h N m LO o to 0 0 (O ro C O ti C V O M M M V7 Ln V M 60 V V e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 0 0 N O O O O N O O A LO M LO 0 0 0 0 O O O O N V V O O O O L() O O O h N (0 '7 1,01 N O m O O e0 OOi K N 'NW119. NfANNN N uj N 6A Z; N f0 e e e e e e e e e e e e e e e e e e e W N O h h N V 0 0 0 h aD (0 M (0 h 01 V h O r h O O Ln V t0 (O O V O (h V M r et r (0 aD w. N N E LOO Lb M tOO V�� N V OV Lm0 LMO O r h V F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M O CD O N N O M I- 'N O K (D O Ln V M LO O O V O (0 r O O h G fD Ln L() r O c r N (fl LO 00 h CO r h 1� 0 Ll! m(0 N O v L N r r N m n LO' 00 N N M r N V- N- O LO M VD M N O M (0 N N N V O r.- VD, r-_ N M 6s P Wl N hLn Of J yj 6-J.6969 ffl N O N N N69 NN ti Q N N is N D ZZ Q N Z W W N Z M O 2 c Oa V IL Z Z Y 0 co Q f a 3 t2i a .►3. v:vmm LO �h h(0M c 0M00Nvt t. OD c0 N O LO N N Cfl O m f0 N LO m m R h (0 N O r T .E W V Om (OM N M0h M '7 O N LO V V (0 M r O M M OC M OR V N W! V 0 el' r ti 0 O O O O N r,O v V h V. c0 O 0 h h O } Q J O CO O M O O O O O h (0 O N M 0,1 h V oc LO It C O V cl N t i h V 01 } Q m s w N aD I--Lo ` w m O N O 0 J O h M h 0 w O V V O V OD W (M N N O O M a0 tl) LO r W m M N r 0 0 m Cj N r- LO O m m L6 M O (D tz N> N 4m N O N N (O h (O N 60 O = OV N N N N N N N N a0 m r O V o V LO V O h a0 M N OL N N N N N a) co N co fA h M N O �� N NN N NN N N N N N N N6A Vi 69 6AN N W N N N a0 h O N N O N O V m OQf O O (0 a0 O �- V m O d; h (0 ao ti ao N N M O (0 V O O N O LO r-00 O O LO a0 (0 N M O O O r Lb O LO O O CO N O W C LO" h M o N h O) N O V O 0 0 L/) M O (0 60 O tD O N O N m m V O h O m r 0 0 m („) M O O f0 d' N O N O n m ao N M O LG (G O V h M O M M M O N N O O V O (0 O M O h M V It Q h N h O V M N (0 LD Of N Lp Q m o CD (D Qi (� m QJ N N a O' Oct CcO cc c M N (0 a LO (0 Ln ci r I O O LO V O O O O V' LO h LO aCl N r N m NO O clLD r J ` N O M N N 64 N N M W V } N N N N N N J O 6H N V N &3. n N V LO Cl) ER 69 f9 N r 69N NN N N N 1O ID 6R N 7 N U C a) C U z Lu W N 0- E o) C W c C Lu N Z C .N.. O F- - : 3 ai E E-« W c Q LL W Z .O f0 ._ m e '- n 0.. Z LL W W c ui tv w� W U o m m c d r a> oQ �� a) v wN In m e ?rJ W �c�°x3,tScJc�NLLa m 3 r -o x 0- E ca 3 (a Z X mj u1 c—) v o � � n c— O= (s Z cyU ma�o�oc LLa "a an L 0 S da O lL >. N N N a) > LC C c .O O W 0 d 0' 3> m U) QQ a> c E 0 ` C c .O O` X LL ' (D 0 2 4) d 0. W �' O aci of S o a> O" LL J N m �- m O� a3 w LL C m N c ca ca c L o> Y c o "' LL J V C Z Z J e F Y J C 2 f6 U .0. A C Mn ._ (OB of .Q F J CnJ CdLL�O c N O X r N O O E N a) (d N '= d o 0d'dl- ~ W Q 1 a)n. a«�. RO WtAFU dJ� W LL_IUdLL W O'+�. i (aO W W 0I- a1 2 FOG 0 C R u 3 y o a w R o ou CL v vLi Q m c O C,3 ON ` w w a u G o7J Q g o E N > U U O Z 0 0 N e\•1 w y Ory N to O o t\D O O N 'N" w N � N V' H m m 00 0 O W W `w CO Cc, LL N u o c:j: a w o c z z '^ �I°- y 'm `w_Ow t t0 i R O p\ d R m Q y £ m •0 w" A `-' a 0 0 E w w "' ';, o c o E •0 Sc w t7 u u N x x ,� -f0o w m m o c o Q a t o o a v u Li Y uoi LL > u c/ m .N•i E N d N aLi o m A w d u u > w u `w X yx d y " x 5 Q E t7 m 1 N ,°L Y T m m N Lp w o N L o a E o z m o v c m o z N J 2 d clu U u L N ;° ° d d �-• �- s° N U U tY U ll Q J J g o o N O O M m N tD n n a0 O N N qr N 0 0 0 0 0 0 0 tD .... N N N tD tD O O tD Ol n N a0 00 0 00 00 O O 0 0 O' O M M Ol O\ n n w w O O O O o N n n .•I .i a -I .i .-� .•1 N .•1 tD n a '•I N O N W N W O M M M N N w w w r 00 00 M 01 N tD M O V O N n M Ol n 0l Ot a0 M O O m !T Ol Ol Ol N N a{ 4 V M O M Ol 1`� N N N+ M N N M M N N N N 0 0 N N O O 0 0 N N CO n n d' .•I M o N w N N M 00 m cl' V ey ei 00 N O O O N Ol .•1 O O O O O O O N N .•1 .i V/F -f to V N M v/F 1/1. T T O 0 p N N to NI. tV N t/} VL VY VL 4A I-{ DD 00 N M Vl N N th Vf 4A ey v, .•I N N 4A L1 1414 VA �A VP t+ V1 t/T N V1 t/L iA t(1 Ill V} Vl VY t/! VF VT t/Y 4/! t/! to VT V/T .-1 W G N r O .•1 N M V if e7 V N t0 w n 00 00 m O 0 a-1 N M e{ a N t0 t0 n N N LA N N N N N N N N N N N N N N N N N N N N N Ill Ill N N N N N N tD w N N tD N ID N ID N w to 10 Ln Ill N w N ID w N N ID Ill CL O N O N O N O Ln 0 0 coo N N N N N O N O O N N O N 00 N N O N O O N N O N O N O N 00 0 N N N O N 00 N N 0 N t0 A N N N N N N f0 N A N R A R N A N z O O O O O O O O O O O O O O O O O O z r r r r r r r r r r r r r r r r r r N CA N to n 00 0l O ••1 N M R N to N u N w N N Ln m LM N N N Ml N N N N m N N m N Ln w N w N t0 N to m 10 Ln w N w L w N Z' O U N O Ln O N O m O O N LA O N O O N Ln O Ln O LM O N O N O N O In O LM O LO O N Y A 40 m m H 3 3 w m m to c u u o• c c 0. c m a e w w E m m 0• n u u v o 0 v` 0- N o 0 x w m w «g ob 0• C? Q m > '> u m n u u u Yw o c 0 'emu o• m w E 0 c c c W N LO C E W w O O w In 0 0 O ! = u C twn C N N C T w A J w w w d R A A ❑. O E A i N fli V G w r w o ° W W ° 0 0 O 'C G N E r O d �a m N 3 o7J u u O C E � � aiS � � O v � � O O � v L E o. � w w a w u „ „ u u N E E E •� m H w Q u c ; u _ w'' u c o a L m w o o iE o A o o o w 7 7 d 7 7 r F a U V O U t K d F d ai Q N O N O 0 0 0 0 0 O 0 0 O O O O O O O O O .-I O p O O O O LA O O O O O O O O O 0 0 O O O O O O O O a -I O O O O O O L? !l n n n n r N N .-I e-i .-1 a-1 N N - N l71 A w A m .•I v q q a g q q IT v to M M M IT a a I a M IT v M q q It q IT N t00 NN 1p N � W 00 00 O0 Lr N N T T T W N N m N O0 M 00 Nl ti 00 V w A 00 tD t0 tD w A A A 00 N N tD .-1 .-1 OO .i a tD 00 lD 00 C 4 m N N n N N N N N vl n n n n N N Ill N N d' N N N N N e-1 N C O N N n N N N N N .-I N N N .i N n N Iw N N N N N M M Ll1 N .-i N 0 0 0 0 0 o d o 0 0 0 0 0 0 66 0 0 0pp 0p 0p pp 0 0 O O p0p O O 0 p p p O O O O O O O O p0p O O O O 0 0 O O O p p 0 0 0 O °O 00 00 O �o O a 0 o 0 0000a o oa o a0 a 00 o a o0p� 0 p�o a O O 0 O O O 0 0 0 0 0 99999 O O cc 99 � 0 0 C O O O 00 99 O 0 O O O O 0 0 0 999 O O 0 0 CC O O O A A A .� .y .ti .y .1 O - - .-i - .•-i A - - ti .i u 0 a o O 0 O 0 O 0 0 0 00 0 00 0 0 0 O 0 0 O 0 0 O 0 0 O O O 0 0 0 O 0 0 O 3 d o m C > Z T L � u u u u u a E E E o E v v v v d w m le E w L w w E Y Y 0 m `1 N w Oy! yl O a z QE r- r r- r r d w YLu °C >>>>> v o o c Q a o m a$ x v a w v v 3 L m w Y L Y w w E E Q x c 'le w o 0 L w x � Q E Q N m A m w w w w m ao m m CD m U m L .L U U z U O O U U > L U 10 10 0 w 0 z w U ra (7 C7 U' U' l7 'U t6 x w M 0 00 0 N n M Q W W U LD N .O•I O W pwp 0 O O O O O Ol LMII .n-I M 41 O a N 'DD N N .0N n FF 00 r 1` N Ot LNn 00 uNl N n n N N L E m 00 N Ill N N t0 N N O M 1.1 1t M tm w N Q n M 00 N N d' � O Ol N 1� U \ N N tp O ID n N O O O ° n M O N Ol O N V Ol V K W N Ill lD l0 .-I W O O 3 z Q O N .y .i N N N N N i� `•"� .� N N 0 O O N Q w l0 N .-I .-I .•I N .L .-� N K O O p .•1 0 0 0 0 0 Qt N N O O O 2 W W 00 Q O ? " X 01 (n Ol O N > O �. \\\\\ Ol O O N u 0 0 0 0 0 m N 0 0 O Q K t\p O U m 2 O O O LL LL LL G c c O O O v w v N N N UG N V N O u C G C u 0}O y O 0 0 E O a v u° m v w u o. m 00 a s Y c G c E E m d Z a m v v m m d 11 m m C O U m G m a a s u_ z m a w c m "' > 0. 0 o7J ob m a s w x u m v N N N c_ c_ o m a s s m w 3 o v a v v c u as w o O m m a » v '_' m.0m 0.o-0. in in N N v w c x E o c E E o. 0. u u -L w 0 0 0 v F s m c y 'c E E E a v H > °> ° ai ai of 00 o w L w Ec`o`0 u°c w v Ftp Qom m v-u mmm m m m 'r m '� .o. w° Y x �' i i E E E E `` C 1O >> o 0 0 w z t_ = LL Z >i w z F- H Z d N w Q O H !- w w w w O G C� 0 a a a 'gyp C 01 M N N 00 O O O O O M 6Y d' N O O l0 l0 O O n n O O e-I e-I N M 00 00 M �--i M W •-� p O M M n 0 N N M a -I l0 0 7 a t0 .--I 01 m W O O O O O N �6 n l0 N O a e� 0 0 w l0 O O n n n .� OO u1 M O? Mf� O N l0 M V1 �O tC I� V Oi Oi N ui a0 Oi Oi O 01 L1 C N O Ci O O 6 O LA V1 O O O M N N N M O m Ol 01 O m I� N 01 w O n I� C E VT N N N N OO m m t� n m M ti 0 m n O n O O Or, Q m m O O M N N ly' N lD O N N N N O N N N m VT N e-I N M m m O O l-1 LT N N M n O m m V} N N .-� O Q 1A MT lh VT V} N N I� n -" V/} VT VT rj N ri r-I N VT ♦/} VT VT v/T 'y` to V! VT N V! Vf V� Vf Vl vA 4/4 V? N aA LF V! N V! th N u m C m H 00 m Of N O ti N N N N M m -e N tp n OO w 01 m O O rl N M M M V V V 10 y�j N u�1 �nl1 unl N unl N N N �n/1 N N N N co N �n/1 N N N N ��/1 N N N N m 0 0 00 O O O O O O O O O O O O cc O O O O O O O O O O O O d N N— N N— N N N N N N N N N N N N N N N m m m m m m m m m m m m m m m m m o 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 z r m Y m m N o rl N n n n n n n m M a ro n OO m o .r N M a u io w n n OO OO OD m m a N N a Ln N N N N N N N N N N N N �!1 u N N O O O O O O O O O O O O O O CD u vN N N N N N N N N N N N N N N C O — a d —CL —0. d0. n N m m G C C C ' � � m 0 Q O O 0 0 al m u u N to G m a C 7 c c O O 9 0 0 e M M d d W m 0 00 00 0 0 00 u a W la N W .O D_ U .O u wwow y u O C O G C C C C O m L 0 CL u u N - Z .- m c c c c c o c c Z c a 0. c a ''u '° ''° o •'" o a 'c �n vmi am+ •m 0 vmi m ;c m I m e m vo ? m -m c N O N A CL N u w u cc N w c m F- M. W 0 c o c c 0 3 - oZS E w v a v Y E n n n E w E m ° .� '2 '� '9 E^ E ar i o 0 0. 0. n CL -u a a o a R w a w w w w u u O I- 7 a` a �n in �n vOi ii ¢ O a 0 F= O O 00 Q0� M 0M 0tr1 oM OQ oqqoM a0 0 0 0 q M 0o'� 0 w w 00 M O d d 0 d d d 0rMl O d d a D a d O O o M M M M N N N Op N N m M l0 l0 tD t0 M N OP m N N N N ei el ID N lD N In V1 N N 00 l0 l0 N eM ei V N N N N N N N N N N N N N N N N N N N N N ul N N d d d d d d d d d d d d d d d d d d 0 0 0 O O c] 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 a o 0 0 0 0 o g 0 0 0 0 o q o 0 0 0 0 p� 9 0 O d d d d d O 0 0 O d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o q 0 0 0 0 0 o O o 0 0 0 0 O O O O o 0 0 0 0 0 0 0 O O $ 0 0 0 0 0 a -I ei rl ti O O O O O O O e1 0 0 O O O O C O OI L U oZi u ,a U U u ti u u N N J G U m m -O -O -- N m u u-- c c c c c L Z u u O O m ar -o '0 '0 0 0 0 o s - o a w o a o E w a o o L x x x x u m, 0 N m 0 w w EL> O o 0 L L L L c c m - �_ F o 0 0 •g v H H H mm m m m m m m m t N O N N N w w Q Ol U u U u u u u U U -a 'u u 'u -+ Y Y O O O 0 O O a d a a a a e� N N m N O O 0 0 o 0 0 0 C) n m 0 N 1� m Q N O O O O e-1 ei O O M O O O 0 0 0 N w O O N M O N N N N N O O t0 N N N N N N OO du Ol Ot 1� n O1 N \ \ \ n n n N R m m m a)10 `\ \ \ N O N \ \\ C{ O ID lN0 n n r N N N N m m W N N l0 t0 D ID O) m a N m m 0 N C w c C R O \ .••I O Y C Y m O O N N is K ¢ w C C M 2 M 10 > C o O R `p R O v= v `a w �._._._ > u 0 c. a s 3 ,n a c w w u tLL C v Y C 'm m 3 u J L m: m Lw j 'u o a a a a �e �c c 3>> w R y w m h w R n. m 9 a u o u ao O O .n ,n ,n w o u _ E ¢ .R. u w` a w ` _ `w 3 u u u m °' :o _ ¢ o. `^, w` 0 m u .w.. 0 R •- R L w w _' a v 3 w Z a o H > O O > Y �o. � - 00., oCN n .��n o -o om oo0o-, 0om 0m o ooo ov oo rn �na P+,-. m,ng o0 N"- m aM Mo NpVF a,6 ai v i:roNaNNnuN 0 � i ai 'd c vi vi on iod ..-. 1Oc iVsl um �ovA 4o/} N NVT n V.i Vf N oN Vm Mm mm Vm m loD 100 w 10 mo m moon V1 tlf Yn• V y/T H t/F l/1 t/F Vl to Vf w l0NN Vf N N V/} Vf t Vmis? VnT ta/Y VF N C R F ,n co tp m n n n n n n n n m m m m m m m m m m m m m m m m m m m m m m m m m m O .-1 N m V ul b n n m M N O O 0 0 0 0 0 0 0 0 O 0 00 0 c 0 0 0 0 at m 0) a, O m O 0) O 0) 01 O al O 0) a m u� u� u� v1 ,n �n ul v1 ,n m in m m m ui ,n ,n ,n u� u� ,n O m O ,n O ,n ,n O 0 O ,n u� O �n �n O E :° m m m m m m m m m m m z ro � o 0 0 0 0 0 0 0 0 0 0 Y w tO co o co .+ N m a in co n m r o o Ln u00i m vi of m �n m v, m m of of m In m ,n m m cn �n of m m o 0 Y1 In 0 In 0 N 0 0 In N 0 1n 0 1f1 0 0 0 1n N 1f1 G v a v w m d d d a E Im la aaaaa 0.aa o w w Y v v v v v N v v E 3 CL ¢ e v ao 0o m oa oo m o0 0o a ¢ w z •io •io �' o �• t > +- _ = 0 3 = �-- Z R R R m m m `w `m `w `w-'a w oo cn m � � � no m N a N _ •- w » o w w` v w v aaaaaaaa v o c ¢ w m y m W u O� m 0 0 0 0 0 0 0 0 u c a c aif a c ' G a m m 0 �i m o c c c c c c c c y i L w a aaaaaaaa 06 i a2J an ,� 3 c R R ,� Y w 0 w .>. « w v w w w w w w w w w « v v u M w d Q Q o_ a in ,n F- > j v, ,n a U 0 0 0 0 �O c w u a 0 O 0 O o cao a s 0 0 0 O O O O O O $ 0 0 0 o a a 0 0 O O O o 0 o 0 0 op 0 0 0 0 0 O 0 tV er ei a e4 .-1 ell 1� n n ti ti a e� cf g a a q '-I 0 0 0 ti N N ri .-1 eY ei '-1 m m m m m m m m O n o O 00 v O M y e-1 ,n O M v O N m M - ,n O .••1 r1 cn m rl Ol o M 0 0 of m a o 0 o m m (n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 as .-I N T t0 T .-I m m w l0 e-1 .-i .--I - rl ei .-1 .-, - M G1 m N m O a0 e-1 N N N 00 N 6N N 4a0 00 W o0 00 00 m 00 N w 0 A iT .-1 l0 ei tp Ol a0 10 VI V1 O n a a In In ,n ,n u1 �n ,n ,!1 a) In ti .a ti .i ti to V1 U1 4n u1 ,n V) to Ln m In ti Vi N V1 n to N Ln n m ,n u1 n 0 0 0 0 0 0 0$ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w 0 0 0 111 0 0 0 0 0 0 0cc o g o $ 0 0 0 0 0 0 00 0 co 00 0 0 0 0 0$0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 = 0 0 o 0 0 0 0 0 0 0 0 0 0o 0 0 0 0 0 9 0 0 0 0 0 000 0 0 0 0 0 0 0 0 o 0 0 0 g 99 0 o c0 00 $ o 99 O O O O o o 0 0 0 o 0 0 0 0 0 0 o 0 O 0 0 o 0 o 0 0 0 0 0 q 99 ¢ 0 0 00,00000 0 0 0 m 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0� 0 0 c v o 0 0 o0 w� woo wen m m m wm o nwo u m u u N C C m m m m m C. R R R R R R R R R -a U U E m m m m m m m m a a a a a a a a 'o E o a w a u c c c c c c c c `" na woo - `o z z E d 5 v v a v v v v v c c c c c c c c w 'a c o c o R R u m R >j Z c c c c c c c c 3 > > > > > > n > — > > > > > > > c m 'v E cv c c =o E o m w o 0 0 0 0 0 0 0 o m m m m m m m m > > Q U w m 0, w a O G >. > U1 N N Vf to V1 Vf Vf ID �_ Y 0. ,`p` •- N N 01 N O! N Cl >• U V~1 G w Oa ba m OQ D4 OD DD b0 N N fO t«a6 ,0 N N N U a Q Q a a 41 W .a >d a o�.iaau3.n0a iY y0 inv�v�inin,ninin > > 3 3 3 3 3 33 3 3 O w ti V N al n ,n M N m .-1 N M V ,0 O M C m n h O N w m O ti p p p p m w ul O O O O O O ,n M .-i .-I m Qt m l0 t0 0 m w p p m m M p 0 0 M e-I O H N 0 O t0 N 0 O M m m m E = .~-I N .•i N O Vl O .�-I N t0 w 7 two t�D l0 l0 lM0 tp tpn .-1 Ot R m O .i J M m l0 m Z N al N N vt N a1 N t0 l0 V R V Ol Ql Ol 2 H � �/1 V' a1 y a O 0 m to m l0 m ul m ,n .••I O M Vl M m M M m m M m O C U N N N O ID N N m m m m e-I .--1 .•-i e4 .-I .y eY .y C N O R c C m m m m m m O O .n•� N N N O N m m m m m m m m o � N 0 Ln Q O O O O O O O N m u O a � o u N 3 m w a 0 m w rn R d a` > m 3 L E N E E E E E `o `o `o `o m 0 Q z > > > > > E a Y Y Y Y Y C G C G C m u n C O L O C i m p 2' o 3 O a` d a` c` a to to '� w m •n� A c �^ mmmmm O p g M- m `m y °;CL C C a a O N¢ o m 3 3 3 3 3 �'� a L d LL y a ¢ N m o m u c c c c c 3 m y E E V m m a m N p0 m O K K K K K m C C y� N U U N a C o c C C « N m c a s 33NN- ono c m m m vim'n °� `m N z YL 4 •� •3 o o 0 0 O. N N > N O a_ c 3 m> y >> ` _ Z V a v�i u z z z z z > m F � w o a 3 3 ~ � m G to N n 0 o v ul of n n O O o 0 O 0 O M m o m a V ci O v1 d n n ao o+ rn n n m moo 0 0 0 n 0 V o o O 0 0 m m oo n n v a O M M vi o 0 0 Q7 Ol 0 00 00 O O O O N N p o E V} M 1A E v v u1 V1 r ui V V' vi n vi o o n N N o v ry ai v n O V} W N m N N M ri vi st N O .-; ri 00 ---- 0i 0i of v v .-i m ui o n n o m M .-i ri o 0 o o d 0 0 c�i ri ai of C "" V! VF N Nf al al .4 .•1 M M VT a -I ei .-1 N V? M W 01 r1 e4 .-i M M n n VI tR .-1 M S t? .-I .-I T e4 tT O O .-i n n O O T 2 .-I n n 01 Ol .-1 4 00 00 n n p m VT 1A VT NF V/ V? aA L/ VF VF V} VL VF N Y/} V? V6 YA VF VF 4R th Vf VT R V- u? m .n of C m r O O O O .y O N O M O V O N N 1!1 YI N O O O O O W O n n O O 00 O CA m O 0 0 a-1 .-I N M V 0 t0 n 10 ID N O O l0 O l0 O W O 1D 10 t0 t0 10 00coo 10 O w 10 00 t0 O w 10 O O e-I 10 O .-1 .-1 w 10 O O .-i .-I O .-I O - O O O a 0 0 ui m ' m an � m m � 0 � m m in ui m in m vi vi m � m vi ui am.. O z r O r O r O O r r O r O r O r O r O O m O m m �O O m O m O }o O m O a e r r r r r r r r r L O Wtoo 0 0 0 0 O 0 0 0 0 O O �'tppi u e V IA to Y1 IA 1A 1A IA IA M N N YI O N � N 0 N A 1�0 A C C .m. m y c c c m a o `o Q c a a c 0 a p c O `. w u au ... U U 7 o a c c Y c o .N p O a N c O a a a a u t c u Q c c j m> u u u r moo a a u u o G c O N 'C m m m °� > Z W a a s `^ w `�" O C 'a c 0 � C C C C E v m m 01 vi A v N v N u t u i " o r3 E E w v E m y m o c c i >> m m a c °A m V V O. u E E U 0 0 ° L > I E o a a a a C •- j j N- _ +,�' U N 'p a C W m Q u u a r u o o o 0 5 > m m z > j O O z p. N z 0 0 $ o 0 0 0 0 0 0 o to to 0 0 0 0 0 0 O o 0 O o .-1 O O of O O O O O OO O O a 0 O O O O 0 0 Vt N 71 O 10 O N N q y .-1 IT .i q M 11 N C' 0 .-i " A . N M M M M N 0 n - . v It 00 v n 1� of v .�1 M .-1 N M M ti o ti u 00 d eel .7 ei M 0 0 N N 0 N 0 10 0 1i N 0 0 0 0 M OP CO 00 OPN 0 tb 0 0 10 10 o T 0 o M M 0 0 0 N N 0 T o N 0 N 0 10 N M .-1 ei e4 00 a .'�'I 10 t0 10 tp N 10 00 00 00 N N •-1 ei ei 00 .-1 H tit t(f V1 N N 1A ui N N ul N .-I to N Vf n n n n v 1A N VI N V1 n ut u1 1A u1 V1 ti 1A a t{ ul V1 N V1 N N 1A N .-i N N 1A N V1 N lA rl N 01 L7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g 0 a g 0 0 g 0 0 S o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9. o 0 0 9 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 r o 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o g 0 0 o o g 0 0 o q 9 0 o 9 o O 0 0 C? 9 o 0 9 O 0 9 o 0 9 0 0 0 0 9 0 0 U . i .-i .1 .H M .-1 .-1 .ti ei •i `i . i M a-1 f? a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m c as m u_ - 0 o a a v a v� v - u � y v m u u u u u a E E E w u u N N N N N p «« u m w c c c c c r tw 5 i• >• u a�i an an 0 ;. ._ u 'Q y c e a o o m' m' m' m' m' ' u 3 u u u u u 5 0 0 ° o u o m o Y �> E E _ a .cv m>> a c a E E E E E 01 'u 'u `o o E n Z E E o a¢ a a¢ o « E E c a 2 O O O x x c-0-000 ¢ _ m a c lO u u •� J .0 Y Y m m U U Y W U 00 O) u u i " m m R m m >> z o o w 0 c O O > X X Q Q Q Q m m m m m m m U U U U U U aai a W LL 11 o LL l7 n O O tD N v- -1 Q Q O p oa O 00 w O n N C> O N N N d 0 N O O V E n lOD T 3 3 3 3 3 n co G r1 ei Ol W W T Ol D: u M a N N n 3 O 01 X N N N Ol 01 O 10 >tl1 Z N ul M •4 n \ \ O n O l0 10 C .m C U \ \ \ \ \ n n n n n O O -� LD .� .-1 _ -O. K y CD O O O O m C a a m i N Ln 0) 0) m IL n N O Y 'O U j a 12 US j � S m S O O N O C t6 U c C a c O w w v •o � � R u c w N c � y. c c C7 c L c m z m o t- v u^ i w N m 0 v •o o C w W m ai Y `m C C t Y aa.1 LO O a a 0 O H m U m on v m a x c m m a c0 E E v o c m` V `m u c c `n w 0 w o` v c a _ ¢ v c m m e c w> 'c u U m° c `w m 3 ° ID Q m m o c ° o m y? •° 01 `° 16 m aui m m a c o z U m ie o 0 w V 3 a 00 o m m Ln V a` vL u ¢¢ U t7 d - a s g a m m L m m Ln v ry oo m o o m m o 0 0 0 o m m m m o Q 70 ^ I� m m (� M e-I t0 �••� N tD i� O 40 OC l0 O 4 N 1� t\ O O m M 0 0 N 0 0 0 I� n O O o m m 0 0 m Ln m m N m o 0 0 0 0 o 0 0 0 m m Q Q Ln Ln N N M m Q M l0 N Q LD .•i {/} l0 Ln Ln o 1, ^ m- N N tV 0 O O 0 Q Q O O O m 2 a O N O v1 N O m N N N Lt> ul N N N lT M e•I Q {/�. tC O lD O pp O O O N fV O O O O G VI. Vf tQn. 4N/L VL VT vmi N. -if N VmY a-1 .H O O 00 N O R N am/T V1. Vf to V} VF V? 1/} O O O N ut M m N In m M M VQ1 VQF {A N C m H m mmm m m m m •" � "" �••� �"� N ��L-pp-� O N �Np N M N Q a N N Ln N C^ O N M m m N N N m N O m ei M N M N O a In 0 0 0 0 0 0 0 Ln 0 Ln m Ln In Ln O m m m O Ln m O Ln O Ln cc Ln Ln O Ln 0 > O m O ID ID .0n voi voi w voi uoi voi tD uo, 2 O o O +i0. .10. o O ..f0. 0 0>> o 0 0 0 0 0 o co u t�-L ma H N N N N M N N Q N N t0 t0 tD N N N N n N 00 L70 N m m O N .••L N L to C 10 40 O O a O w lD O O w O LD LO tD t0 tD LD M O w M 10 to ID U to N m m Ln N Ln 0 0 0 O N Ln N N O N O N O O m M O Ln O N C E O L m m m m io c N N v ar w ¢ c w m z a s a v v > - Gl o W Ol W G! C u u Gl t'ca c In to N G a C C o N N a a E a o. a CL ° N O G $ C C C aaQ1 N m W a t� a a J m to a C ¢ c c to h to voi oo lm o m m m m $ m c m c E y c 0 v u u c c O o Y G C C O c G C c O O O u r y �'. a a C G C m t 3 v m m m m m m a� a� c E o O O m y m m d c aaE a a �' ° a s amamna O O n 0 0 0 0 — o u` ° a Y u — - i c w o•o a `o <o'M a ° E a n m s a O a u d 0 0 0 0 0 0 0 O 0 m 0 o 0 o 0 0 0 0 0 0 0 o o n o e mmmmmmm Ln Y Q .-i v Ln e 'n .ti Ln Ln 0 Ln Q v Q m m m v .•-L m o 0 0 M .+ rL o 0 LT .-1 d 0 0 0 0 d 0 m m m 00 00 m m O N O LD 0 M O N d d N N d d d O d d d O O d d Q lD LO N Lb Lb Lb Lb - N u1 N N N N m m OP Ln O m 10 V1 10 m n n N .-1 - Q ei ei a-1 a•1 .-1 N .•i N 10 Lb w I, n n ry ti 00 N 00 Ln N d O Ln N Ln Ln M m Ln d d d d d O d o 0 0 0 o O O Ln d o Ln d Ln d Ln O N Ln O d M d Ln Ln d d Ln o N Ln Ln d d d u1 o Ln 0 Ln d Ln d 0 99999 0 0 0 o 0 O 0 O 0 0 0 o 0 q 0 0 o 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O o O 0 0 0 0 0 0 0 0 0 o S O o O 0 O o O 0 0 0 0 0 O 0 0 0 0 0 O 0 00 a o 0 0 d 0 d. d 0 3 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 ¢ m o o .o-i o 0 0 0 0 0 0 0 0 0 0 0 0 c o o 0 w 0 0 c 0 u cmi u u u u u o m w m m m m u_ u_ c c c c a�i u u a • mo vvv vvv v m v m m v v c m y _ a a s _ m u u h a .� m` d U U U U U U U O O m C 0 0 E 'a f0 aaaaaaa T z `o N �_ �_ u u O C C C - u0 a O O 0 0 0 0 m ¢ C O. 'O 'C __ > > > m m m L>ZS > U •O a 0 c a EEEEEEE s 0 Y Y -E v O 01 a v a u �c a o 0 0 0 0 0 o u u a o w 3 3 3 ammi l7 2 2 2 S 2 2 2 _ Y Y Y Y Y J JO J JO o O 0 w N to Ln m O M .-I rn w n n O N m N m C N E m Q m m Q .•i m 0 I� m 0 uNt l0 O N Ln M M a j O^l 0 o .••� ei O .-I .N-� Ln lOD e-I N O 0 .^-i m LD pNp tD p O z m l0 m N N N N O \ M m r1 O C S O N m m O O m O M Ln U 10 O \ m Q Ln Ln O t0 I� m O `0 � 0 3 °° o C O N E m C o \ O y O O O N � � O — o• - l\0 o ¢ a m v E u u '. 0 m 0 0 N U U U ~ 3 m C m a O N N O N W u C. u/ N .� W N W @ c = G N Y a °C oc o m a 3 3 3 d �' m a = c r w as w „", a O u m o 3° v 0 w 2 L L L 3 N E CU Z �- U U U O OC Q ' C O u1 u1 3 00 n tll u1 Ol O1 O O O O O O O O 00 w Ol O1 Ot 1: m 00 w I� Il 1l- 0 0� O O e V r M O O O O 2 2 Ol Ol O O 2 O O o pr:rvovv0000vva N N vl N N V V N N tD lD D in o0 01 N. o uaoo I� , a ooaovy u1 , tl� n0dao O O C rl N N to Vl rl rl tD tD 01 Ol N C' N 0 O1 O M M N v1 N N 00 m tO to N .i V VF 1? �-i rl Y/1 N M M tD /D ei .-1 aA V} V} y} th VT N to 01 V� to C N H m m m m a M u1 M l0 m m 00 M O1 m 0 -T .-1 .-i a -I V V V N m aa Ilr a a V7 tp r W 10 W O O l0 O to O ID O 10 O 1D O ID O w O 10 tD tO O O O t0 l0 O O 10 O O ID O d VI N A N Vl u1 Ul n Vf to u1 ul V1 ul V1 Vl Vl E 3 O N O A O N O N O N N O O A) O A O N N O O 10 O N O f0 O z r r r r r r r r r r r r r r u M m m m m m m 01c o o Ln o 0 0 0 0 0 0 0 0 0 0 u Ln mtw a a w a a t2 a > a ° a H E L C C C O N a C 0 °' Y W E y� ' L a a a c- C m G 0 .° 'ep N a a. D C ° N W Q fl` 3 N Na f°N1NN° 04 U 00 0 0 UO ' m e01 m m c c c O j6 mc L 7 m R O. W Ol C U E °' U m+ u O C/CL. N C a w0+ a u p y N 1 W LL d d cc Q Q O O d .0.' U 1� L O O O O O Il O O O O O O O 00 O O O O O O 1� O L/ O C?O O m m -v m a q q m q Ol rvl Oal 0 mo'D 00 d o 00 00 o w 0 a 00 00 00 00 w o0 00 v 00 .+ t/1 UI m N N N Vf �(1 0 to 0 N N 1� ill to ill '-1 rl V1 �+1 •i V1 Y1 �l1 N v1 0 o d d o a o o 6 0 0 0 0 0 0 pp op O 0 99 0 O 0 4 3 0 O 0 O 0 O 0 O 0 0 0 0 0 0 0 0 0 O 0 O p O O C O O O 0 O� O� O� O� O� O� O� O� p� p� p� 0 0 0 0 99 O O O O O O O O O O O O O O O O O Oi O� O� O O O O� O O O 9 O 9 V O O 4 00 0 0 0 O 0 m O o O 0 O 0 O 0 0 0 0 0 O O O O O 00 0 0 0 0 0 vv 4 c FL- ti'gyp c c •� .= a u E E N-- C O O u C C c p0 u C U" p Vt y C ° ° U o m N y C w N E O — = O t in y F- a QI m v O r H C ° a° d m m o o O Du W O d a a A m K OC In Vf v1 Vf to Vf vt 1- oo m O v c lD n o m at s m m oo a0 m N 3 o D ti o m a 0 0 m a v v n m E m lD \ m 0 m 0 o 0 0 o m n o N o N a o D lD Z m m w M V N N N N N yLO iI 02i CD N O p 10 ID w 10 10 00 0 c (Mmv' NCL N N E w ko ko x x O m C) a 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 Page 57 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. Page 58 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. Page 59 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 Page 60 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 Page 62 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. Page 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 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 1 of 15 Page 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Draft 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. 2of15 Page 66 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; 3of15 Page 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Draft 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). 4of15 Page 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 Draft 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: 5of15 Page 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Draft 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. 6of15 Page 70 1 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Draft ITEM OB-1 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 7of15 Page 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Draft 9 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 8of15 Page 72 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Draft 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. 9of15 Page 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Draft 0 [= 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; 10 of 15 Page 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Draft 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. 11 of 15 Page 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Draft ITEM OB-1 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. 12 of 15 Page 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Draft 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. 13 of 15 Page 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 43 44 45 46 47 48 49 50 51 52 53 Draft 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 Page 78 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 1 Page 83 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 2 Page 84 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 Page 85 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. 4 Page 86 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. 5 Page 87 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 Page 88 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. 7 Page 89 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 r� � AI\ � �1,. �+ V' xy (y � � .. i n. �� V V 1, _ _ 31`I_ 3r1}s Ai-/�E3 �__ ttt���� Va .. ^�1�V ' � - � �..- 1 � � �U ° � �, T• . 1%V !� . 1 . 1 I ' 11 I 1 11 I Q .1, 1 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