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HomeMy WebLinkAbout09-13-2010 - Agenda PacketMEDINA, WASHINGTON CITY COUNCIL AGENDA MEDINA CITY HALL COUNCIL CHAMBERS MONDAY, SEPTEMBER 13, 2010 6:30 PM MAYOR CITY MANAGER BRET JORDAN DONNA HANSON DEPUTY MAYOR CITY ATTORNEY SHAWN WHITNEY BRUCE DISEND COUNCIL MEMBERS CITY CLERK PATRICK BOYD RACHEL BAKER DOUG DICHARRY JANIE LEE MARK NELSON KATIE PHELPS CALL TO ORDER 6:30 PM PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA 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/Committees RA-4: City Manager/Staff CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA-1: Approval of August 9, 2010 Medina City Council Special Meeting Minutes CA-2: Approval of August 9, 2010 Medina City Council Regular Meeting Minutes Medina City Hall . 501 Evergreen Point Road • Medina WA 98039 425-233-6400 phone • 425-454-8490 fax • www.medina-wa.gov (Consent Agenda, continued) CA-3: Approval of September 7, 2010 Medina City Council Special Meeting Minutes CA-4: Approval of 2010 Check Register Claim check numbers 50647 through 50764 in the amount of $143,305.49, payroll check numbers 3100 through 3120 in the amount of $230, 090.34 Voided AP check number 50700 to WA Department of Licensing in amount of $30.00. CA 5: Acceptance of ALPR Camera Project and Release of Retainage CA-6: "Tobacco -free Teens" Back to School Week Proclamation CA-7: Receipt of July 27, 2010 Medina Planning Commission Meeting Minutes PUBLIC HEARING PH-1: Ordinance Related to Wireless Communication Facilities OTHER BUSINESS OB-1: Ordinance Related to Wireless Communication Facilities OB-2: Discussion Related to Draft 2011 Preliminary Annual Budget OB-3: Award Contract for Medina City Hall Renovation and Expansion Project OB-4: Contract Approval, Temporary City Hall Modular Office Lease OB-5: Contract Approval, Temporary City Hall Lease and Site Improvements with St. Thomas Church OB-6: Application for Proposed Comprehensive Plan Amendment Relating to Streetscape Policies and Non -Motorized Transportation Plan OB-7: Discussion on Arterial Street Design Standards OB-8: Ordinance Relating to Construction Mitigation Measures in the City's Rights of Way and the City Engineer's Authority to Modify Standard Specifications for Roads and Bridge Construction OB-9: Proposed Inattentive to Driving Ordinance, Amending Section 10.64.010 of the Medina Municipal Code OB-10: Marine Patrol Contract OB-11: Council Agenda Calendar ADJOURNMENT Next Regular Meeting - Monday, October 11, 2010; 6:30 pm. Medina City Council September 13, 2010 Page 2 of 2 CITY OF MEDINA Office of the City Manager Date September 13, 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 August: 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, and 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. Legal notices were published in the Seattle Times as required for development projects, special meetings, and public hearings. d. The city realized a small growth in its subscription base over August. The sampling below continues to compare the same categories since inception, as well as last month, for comparison purposes. 4/12/10 8/4/10 09/9/2010 Capital Improvement Projects 160 211 213 City Council Agenda 193 242 243 City Events and Information 245 328 333 City Newsletter 94 297 308 Hearing Examiner Agenda 118 150 151 Park Board Agenda 121 158 159 Planning Commission Agenda 139 176 177 Total Individual Subscribers 296 435 449 2. 1 attended the 2010 Washington City County Managers Association Summer Conference on the "Changing Climate in Public Leadership" last month. The keynote speaker was Ted Gaebler, author of "Reinventing Government." Ted is a city manager in California who's message is that we have to be completely honest and ethical in how we communicate with citizens and how we deliver the best possible government services for the money that is available. Another keynote speaker was Michael Shadow who talked about "Telling your story effectively to compel and inspire citizens" to bring support and confidence back to local government. Budgets and the economy were definitely the most common topics of discussion during the informal sessions. CITY OF MEDINA Office of the City Manager September 13, 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 short meeting. The only item discussed was proposed new nonconforming regulations. The most significant change would be to go from using the current pre -alteration valuation threshold to a structural demolition threshold to determine when a property owner abandons a nonconforming right. This method would apply to single-family dwellings. Other structures would utilize replacement costs rather than pre -alteration valuation. The discussion was continued to the next meeting. Hearing Examiner Decisions: The Hearing Examiner issued a decision approving a substantial development permit for the KEH development at 3315 Evergreen Point Road (File No. 2010- 01. The proposal is to construct a 13,914 square foot single-family home, sports court, swimming pool and associated improvements. An estimated 5,117 cubic yards of earth will be graded and 957 cubic yards of fill will be imported. • The Hearing Examiner held a public hearing and issued a decision approving an amendment to the Medina Elementary Special Use Permit (File No. 271) to allow for two open covered shelters to be constructed on the site. Public testimony in support and against the proposal was presented. The address is 8001 N.E. 8tn Street. The Hearing Examiner held a public hearing for a substantial development permit (File No. 2010-03) to construct a bio-swale underneath the existing east approach to the SR 520 Bridge. Public testimony was presented regarding use of the private lane for access. The applicant is the Washington State Department of Transportation. The record remains open awaiting additional information from WSDOT. Land Use Administrative Decisions: • A Determination of Nonsignificance was issued for an excavation and grading of approximately 719 cubic yards of earth for site improvements, including the redesign of an existing driveway and construction of retaining walls. The address is 3207 Evergreen Point Road. The applicant is Cornell Petrisor. • An administrative special use permit (File No. 269) was issued for the construction of a swimming pool and sports court adjacent to a single-family residence. The address is 414 Upland Road. The applicant is Ellen McDermott and Scott Charney. Land Use Decisions Issued For 2010: Type of Decision Variances/ Minor Deviations SEPA Conditional Uses/ Special Uses Substantial Development Permit Lot Line Adjustments Short Subdivisions Site Plan Reviews Wireless Facilities Land Use Applications Received in August: Case Number Description of Permit None 2010 YTD 2 5 5 4 2 0 1 0 Location Building/ ROW Permit Applications Received — Aug 1 through Aug 31, 2010: Building Permits: 3 Grading/ Drainage 0 Demolition Permits: 0 Fence: 0 Mechanical: 4 Reroof: 4 Fire Sprinkler: 2 Right-of-way Permits 7 Building Permits Issued in July 2010: See Attached. Other Items of Interest: SR 520 Maintenance Facility and Dock. City staff reviewed preliminary site drawings for the WSDOT maintenance facility and dock. A comment letter was generated, which is attached to this report. Particularly noteworthy is that the maintenance dock appears to have a length greater than 114 feet, which exceeds the City's standards. WSDOT used an incorrect method to measure the length of the dock when they previously indicated the dock would be only 100 feet. 2 Permit Report July, 2010 2010 2009 Current Current 2010 2009 Construction Value Month 1,060,000 Month 2,301,932 YTD 2,120,000 YTD 7,286,032 Difference ($5,166,032) New Construction Permit Renewals 842,660 0 35,303,660 9,010,500 $26,293,160 Addition/Alteration 1,608,788 0 2,454,238 3,153,355 ($699,117) Accessory Structure 72,500 25,000 510,350 81,300 $429,050 Repair/Replace 0 0 121,520 55,980 $65,540 Fence/Wall 6,600 296,770 94,900 1,027,849 ($932,949) Mechanical 180,500 N/A N/A N/A N/A Fire Sprinkler 33,181 12,000 85,641 49,011 $36,630 Wireless Comm Facility 0 1 0 1 1 0 0 I $0 I TOTAL VALUE 1 $3,804,2291 $2,635,7021 [ $40,690,3091 $20,664,0271 $20,026,282 Permits Issued New Construction 1 1 1 4 (3) Permit Renewals 5 0 13 6 7 Addition / Alteration 5 0 11 13 (2) Accessory Structure 1 1 14 8 6 Fence/Wall 1 3 6 16 (10) Demolition 1 0 2 10 (8) Grading/Drainage 3 2 11 10 1 Tree Mitigation 2 1 8 9 (1) Mechanical 8 3 35 31 4 Fire Sprinkler 0 1 5 5 0 Reroof 1 1 4 3 1 Repair / Replace 0 0 3 3 0 Right -of -Way Use 2 8 35 40 (5) Construction Mitigation 3 1 3 10 (7) Wireless Comm Facility 0 0 0 0 0 TOTAL PERMITS 1 33 22 151 1 168 17 Inspections Building 44 32 246 278 (32) Construction Mitigation 0 0 17 18 (1) Grading/Drainage 6 14 46 85 (39) Tree Mitigation 3 5 30 45 (15) Right -of -Way 18 22 90 155 65 TOTAL INSPECTIONS 71 73 429 581 (152' CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.aov To: Washington State Department of Transportation From: Robert J. Grumbach, AICP, City of Medina CC: Dave Radabaugh, Joe Burcar, Donna Hanson, Bruce Disend Date: August 31, 2010 Subject: Preliminary Review of SR 520 Bridge Maintenance and Dock Facility The City of Medina appreciates the opportunity to review the maintenance facility and dock drawings presented at the August 19 coordination meeting. The purpose of this memorandum is to provide WSDOT input on the drawings consistency with the Medina Shoreline Management Master Program (SMP). Please note that this memorandum only highlights important issues identified during review of the drawings and should not be considered an exhaustive review for permit compliance. 1. The project is required to show compliance with the goals and policies outline in the SMP. The following are highlighted for your awareness: a. Goal A states that the primary goal of the SMP is to preserve Medina's shoreline for single-family residential use, in a manner that also protects and preserves the natural features along the shoreline and the quality of Lake Washington. While the maintenance facility and dock are not single-family residential use, the project should continue to be designed with protecting the single-family nature of Medina as well as preserving the natural features and quality of Lake Washington. b. Policy B(1) states that water quality along the shoreline should be maintained at a level to permit swimming and to provide a suitable habitat for desirable forms of aquatic life and Policy (B(2) states that future substantial development of the shoreline shall be designed and constructed to minimize adverse effects on the natural systems, including aquatic habitats. Of particular concern is the fueling system and what measures will be taken to ensure water quality and habitat systems are protected from accidental spillage. c. Policy D(3) states when appropriate, Medina should consider joining with other governmental bodies in a cooperative effort to expand public access to the shoreline through programs of acquisition and development. This policy in part implements the Shoreline Management Act's finding to increase public access to publically owned areas of the shoreline (RCW 90.58.020). Public access to the shoreline will need to be addressed as part of any proposal. d. Policy E(2) states open space and the opportunity for passive forms of recreation should be encouraged on public shorelines. This policy compliments Policy D(3) discussed above. 2. The following are "use standards" contained in the SMP applicable to piers and docks that are highlighted for your attention. a. Exterior lighting in conjunction with piers and waterfront uses should be at ground or dock level (Subsection IV(E)(3)(a)(ii)). The proposed dock luminary shown in the drawings does not appear to be consistent with this requirement. b. Long-term dead storage (over 12 months) of unused vessels and equipment on the shoreline is prohibited (Subsection IV(E)(3)(a)(viii). While this is not anticipated to be a problem, you should be aware of this restriction. c. Individual shoreline property owners shall be allowed only one pier (Subsection IV(E)(3)(c)(ii)). It is not clear from the drawings, but there appears to be a second existing dock on the north side of the site that will remain. If this dock is owned and maintained for WSDOT's use only, it would appear not to be consistent with this requirement. d. Piers are limited to a length and width that are necessary for reasonable use and enjoyment, but in no case shall exceed 100 feet from the normal high water line. Length has historically referred to the length of the structure and not the distance from the nearest land. The pier appears to exceed this standard; requiring a shoreline variance. Proof justifying the width and length will be required during review of the application. e. The overall square footage and length should be compatible with adequate depth of water and length of piers on similar adjacent properties. This connects to the reasonableness that must be demonstrated above relating to the width. f. Piers should be of a length and configuration that takes into consideration shoreline contours, and should not create obstacles to access and navigation by neighboring property owners. Proof of this will need to be submitted with the application. g. Navigation lights and other safety devices are permitted (Subsection IV(E)(c)(viii)). However, consistency with the requirement for ground and dock level lighting is required. 3. The SMP requires uses, development and activities to comply with both the Zoning Code and the Medina SMP. Many of the zoning code requirements prescribed in chapter 17.88 MMC for waterfront structures pre -date the Shoreline Management Act and were considered part of the Medina SMP upon its initial adoption. The following are highlighted areas of concern: a. MMC 17.88.040(F) prohibits walls, sheathing, lockers (except horizontal chests not exceeding two feet in height) or similar construction. The proposed safety/ security fencing on the dock may not be consistent with this provision. 2 b. MMC 17.88.040(K) requires skirting for purposes of wave protection to be alternated with spacing such that there is 50 percent open space, maximum board width shall be 8 inches, maximum depth shall be 3 feet below the lake's high water mark, and no skirting shall be installed any closer to the shoreline than 24 feet. It is not entirely clear from the drawings, but the fenders do not appear to comply with these requirements. 4. Permanent cranes are not a use identified in either chapter 17.88 MMC or the SMP. As you are aware, the maintenance facility is an unclassified use requiring a conditional use permit. This may also apply to the 2-ton jib crane. In addition, a variance appears to be required for the pier and dock. Approvals will be contingent on meeting the approval criteria set forth in Section V(B) and WAC 173-27. Hopefully the information in this memorandum is helpful. If you have any questions, please feel free to contact me at (425) 233-6416 or rgrumbach@medin-wa.gov. 3 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY AUGUST, 2010 Police Chief Jeffrey Chen FELONY CRIMES Fraud (ID Theft) 2010-0002958 08/07/10 1600 block of Rambling Lane Victim of mail theft in July discovered by reviewing their bank statement that unknown person(s) used their checking account information and produced their own checks. Medina officers are currently tracking a suspect(s) and investigation is pending. Vehicle Prowl (Theft) 2010-0003003 08/12/10 2900 block of Evergreen Point Rd (Metro Park & Ride) Between 6:40 am and 3:45 pm, person(s) unknown broke a back window of a locked vehicle at the Metro Park & Ride and a radio was taken from the vehicle. Total loss: $450 Fraud (ID Theft) 2010-0003043 08/16/10 2000 block of 78`h Ave NE Unknown persons withdrew cash in four separate transactions from the victim using a card and ATM pin number. The victim still has his card at the time, and it had never been lost or stolen. Investigation is pending. Malicious Mischief 2010-0003060 08/17/10 7600 block of NE 12`h St Unknown person(s) spray painted graffiti on a vehicle parked on the street caused $300 worth of damage. Fraud (ID Theft) 2010-0003062 08/17/10 2500 block of Medina Circle The victim was notified by the credit card company that an unknown person(s) attempted to open an account in Georgia using the victim's social security number. The victim had a fraud alert on his social security number. Fraud (ID Theft) 2010-0003101 08/19/10 200 block of Overlake Drive E Victim reported on 07/08/10 a young male who came to his home indicating he was raising funds for a school trip. A month later the victim discovered the check was altered and show a different amount. Investigation is pending. Fraud (ID Theft) 2010-0003102 08/20/10 500 block of Evergreen Point Rd Medina officer responded to a call of fraud by use of a debit card. The victim's pin number was compromised and cash was fraudulently taken from the account. The account was cancelled immediately. Burglary 2010-0003200 08/28/10 3200 block of 78`b PI NE When the homeowner returned home around 11:00 pm she noticed the front door was slightly open. The homeowner discovered a few items of jewelry were taken. There was no forcible entry on the front door and nothing else of value was taken or anything unusual out of place at the house. Total loss: $15,000. Burglary 2010-0003227 08/31/10 2800 block of Evergreen Point Rd E-lert #10-19 On Tuesday August 31 S` at approximately 8:OOAM, officers responded to a call of a residential burglary in progress in the 2800 block of Evergreen Point Road. A female occupant was home alone in the master bedroom when she heard noises coming from the exterior of the house. She also heard what sounded like a screen being removed from one the home windows. She then heard a loud bang or crack noise, which sounded like a door being kicked in. She went near the area of the front door and saw an unknown man standing at the threshold of the kicked open door. She screamed and then proceeded to call 911 immediately. Police officers from Medina and Clyde Hill responded to the call and conducted an area search for the suspect based upon the accurate description given by the caller. A possible suspect was located in the 3300 block of Evergreen Point Road. He was brought back to the residence where the occupant positively verified this was the same unknown man she had seen standing in the open doorway of the home. Medina police processed and collected evidence at the scene. The suspect was then transported to King County Jail where he was booked for investigation of residential burglary. Medina Police continue to fully investigate this case. It appears as if the suspect used public transportation to access the community in order to commit this crime. MISDEMEANOR CRIMES Malicious Mischief 2010-0002967 08/08/10 1800 block of 77 h Ave NE Persons unknown broke and pulled out a real estate sign causing damage to the sign. Estimated loss: $200 Malicious Mischief 2010-0003214 08/29/10 8600 block of NE 5"' St The victim reported between the hours of 11:00 pm and 4:00 am, unknown person(s) vandalized his vehicle using coffee grounds, mayonnaise, oatmeal and dog feces. The victim stated it could be related to an earlier incident in which he received several prank calls on his cell phone from a restricted number. OTHER HUNTS POINT MONTHLY SUMMARY AUGUST, 2010 FELONY CRIMES Fraud (ID Theft) 2010-0002950 08/06/10 4200 block of Hunts Point Rd Victim reported their bank notified them that unknown person(s) used their checking account information and produced their own checks and purchased approximately $3,000 worth of merchandise. Investigation is pending. MISDEMEANOR CRIMES No significant misdemeanor incidents occurred in August, 2010. OTHER MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report 40 City of Medina 2010 Felony Crimes August 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) 2 3 9 11 Drug Violations 1 1 0 0 Fraud (ID Theft) 5 15 11 14 Vehicle Prowl 1 4 7 7 Theft (over $250) 0 5 7 9 Malicious Mischief 0 1 6 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 9 31 45 53 Misdeameanor August YTD YTD Year End Crimes 2010 2010 2009 2009 Assault, Simple 0 1 2 2 Malicious Mischief 2 6 4 5 Vehicle Prowl 0 2 15 15 Theft (Under $250) 0 2 3 5 Domestic Violence 0 0 2 4 Minor in Possession 0 4 0 5 Drug Violations 0 6 7 10 Poss Stolen Property 0 0 1 1 Total 2 21 34 46 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT 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 0 Robbery 0 0 0 0 0 0 0 0 0 Sexual Assault/Rape 0 0 0 0 0 0 0 0 0 Burglary (inc Attempt) 0 0 0 0 0 0 1 2 3 Drug Violations 0 0 0 0 0 0 0 1 1 Fraud (ID Theft) 1 2 1 0 1 4 1 5 15 Vehicle Prowl 0 0 1 0 1 0 1 1 4 Theft (over $250) 1 1 0 0 1 0 2 0 5 Malicious Mischief 0 0 0 0 1 0 0 0 1 Arson 0 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 1 0 0 0 1 Poss Stolen Property 0 0 0 0 1 0 0 0 1 Other 0 0 0 0 0 0 0 0 0 TOTAL 2 3 2 0 6 4 5 90 0 0 0 31 Misdeameanor Crimes Jan Feb Mar 'Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 0 0 0 1 0 1 Malicious Mischief 0 0 0 0 0 3 1 2 6 Vehicle Prowl 0 0 0 0 1 1 0 0 2 Theft (Under $250) 0 1 1 0 0 0 0 0 2 Domestic Violence 0 0 0 0 0 0 0 0 0 Minor in Possession 0 1 0 1 0 0 2 0 4 Drug Violations 3 1 0 1 0 0 1 0 6 Poss Stolen Property 0 0 0 0 0 0 0 0 0 Total 34 3 1 2 1 4 5 2 0 0 0 0 21 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report City of Medina 2010 Traffic August YTD YTD Year End ACCIDENTS 2010 2010 2009 2009 Injury 0 0 0 0 Non -Injury 1 10 4 11 TOTAL 1 10 4 11 Traffic August YTD YTD Year End CITATIONS 2010 2010 2009 2009 Driving Under Influence 3 27 41 68 *Other 6 66 110 163 Total 9 93 151 231 Traffic August YTD YTD Year End INFRACTIONS 2010 2010 2009 2009 Speeding 17 249 96 136 Parking 4 55 62 83 **Other 16 255 186 274 Total 37 559 344 493 August YTD YTD Year End WARNINGS 2010 2010 2009 2009 Total 65 720 611 872 August YTD YTD Year End CALLS FOR SERVICE 2010 2010 2009 2009 House Watch 29 215 302 420 False Alarms 29 255 244 361 Assists 30 202 281 342 Suspicious Circumstances 6 92 122 159 Property-Found/Lost 5 10 6 9 Animal Complaints 5 32 28 41 Missing Person 0 1 0 2 Warrant Arrests 6 38 44 63 ***Other 0 12 4 9 Total 110 857 1031 1406 *DWLS; Fail to Transfer Title; No License **Expired Tabs; No insurance; Fail to stop; Defective Equipment ***Verbal Domestic; Vandalism; Civil Dispute; Disturbance Page 3 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT City of Medina 2010 Traffic Accidents Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Injury 0 0 0 0 0 0 0 0 0 Non -Injury 1 1 0 3 3 1 0 1 10 TOTAL 1 1 0 3 3 1 0 1 0 0 0 0 10 Traffic Citations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 8 3 3 2 3 3 2 3 27 Other 14 10 8 12 8 3 5 6 66 Total 22 13 11 14 11 6 7 9 0< 0 0 0 93 Traffic Infractions Jan ; Feb 'Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total` Speeding 17 31 34 59 55 8 28 17 249 Parking 2 16 4 1 5 8 15 4 55 Other 23 18 22 86 44 20 26 16 255 Total 42 65 60 146 104 36 69 '37 0 0 0 0 559 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 70 80 90 109 126 94 86 65 720 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 15 14 31 32 21 35 38 29 215 False Alarms 17 22 35 25 40 27 60 29 255 Assists 19 20 26 21 31 24 31 30 202 Suspicious Circumstance 11 13 13 10 8 16 15 6 92 Property-Found/Lost 0 1 0 2 0 0 2 5 10 Animal Complaints 3 3 7 3 4 4 3 5 32 Missing Person 0 0 0 1 0 0 0 0 1 Warrant Arrests 4 8 5 2 8 3 2 6 38 Other 2 2 1 2 1 2 2 0 12 Total 71 83 118 98 113 111 153 110 0 0 0 ; 0 857 Page 4 TOIL Of Hunts Point vc� MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report Town of Hunts Point 2010 Felony Crimes August YTD YTD Year End 2010 2010 2009 2009 Burglary 0 0 p p Forgery (Identity Theft) 1 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 1 1 3 3 Misdeameanor August YTD YTD Year End Crimes 2010 2010 2009 2009 Assault, Simple 0 1 0 0 Malicious Mischief 0 10 0 1 Vehicle Prowl 0 0 1 1 Theft (Under $250) 0 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 1 1 3 4 Total 1 14 4 6 Page 5 MEDINA POLICE DEPARTMENT TM of Jeffrey Chen, Chief of Police HunbhM 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 0 Forgery (Identity) 0 0 0 1 0 0 0 1 2 Vehicle Prowl 0 0 0 0 0 0 0 0 0 Theft (over $250) 0 0 0 1 0 0 0 0 1 Poss Stolen Prop 0 0 0 0 0 0 0 0 0 Drug Violation 0 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 0 0 0 0 TOTAL 0 0 -0 2 0 0 0 l 0 0 0 0 3 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 1 0 0 0 0 0 0 1 Malicious Mischief 0 0 0 0 0 0 10 0 10 Vehicle Prowl 0 0 0 0 0 0 0 0 0 Theft (Under $250) 0 0 0 0 0 0 2 0 2 Poss Stolen Prop 0 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 0 Minor in Possession 0 0 0 0 0 0 0 0 0 Drug Violations 0 0 0 0 0 0 0 1 1 Total 0 1 0 0' 0 0 12 1, 0 0 0 0 14 Page 6 MEDINA POLICE DEPARTMENT Tows Of Jeffrey Chen, Chief of Police Monthly Activity Report �-'✓' Hunts Point 2010 Traffic ' August YTD YTD Year End CITATIONS 2010 2010 '. 2009 2009 Driving Under Influence 0 1 6 11 Accidents 0 0 0 3 *Other 5 25 24 34 Total __ 5 26 30 48' Traffic August YTD YTD Year End INFRACTIONS 2010 2010 2009 2009 Speeding 0 5 0 0 Parking 2 8 0 1 **Other 14 177 193 267 Total 16 190 193 268 August YTD YTD Year End WARNINGS 2010 2010 2009 2009 Total 11 123 147 178 August YTD YTD CALLS FOR SERVICE 2010 > 2010 2009 House Watch 3 18 22 False Alarms 7 48 30 Assists 5 30 31 Suspicious Circumstances 0 10 14 Property-Lost/Found 0 0 0 Animal Complaints 1 3 1 Missing Person 0 0 0 Warrant Arrests 0 1 6 ***Other 0 1 0 Total 16 111 104 Year End 2009 29 46 46 25 0 3 0 8 0 157`` *DWLS; Fail to Transfer Title;No License **Expired Tabs; No insurance;Fail to stop;Defective Equipment ***Verbal Domestic; Harassment;Civil Dispute;Trespass Page 7 MEDINA POLICE DEPARTMENT jp Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT HUNTS POINT 2010 Traffic Citations Jan Feb -Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 1 0 0 0 0 0 0 0 1 Accidents 0 0 0 0 0 0 0 0 0 Other 1 2 1 2 6 5 3 5 25 Total 2 2 1 2 6 -5 3 5 0 0 0 0 26 Traffic Infractions Jan `, Feb Mar ' Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 0 0 2 0 1 2 0 0 5 Parking 0 0 0 2 0 2 2 2 8 Other 17 21 23 23 41 17 21 14 177 Total 17 21 25 25 42 21 23 16 0 0 0 0 190 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec < Total Total 12 15 20 15 22 11 17 11 123 Calls for Service House Watch False Alarms Assists Suspicious Circumstance Property-Lost/Found Animal Complaints Missing Person Warrant Arrests Other Total Jan `Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 3 s 5 0 1 2 0 4 3 18 5 9 2 6 4 7 8 7 48 3 3 3 4 4 5 3 5 30 1 2 2 1 2 2 0 0 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 1 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 1 0 0 0 1 12 19 7 12 13 16 16. 16 0 0 0 0 ill Page 8 CITY OF MEDINA Office of the City Manager September 8, 2010 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: August 2010 Public Works Report 1. Since the City Council rejected all bids for the City Hall Expansion and Renovation Project on June 12th, the consultants were instructed to incorporate Addendum No. ' changes from the initial project bid documents into a new bid document set that includes the technology items, and to eliminate all of the alternative bid items. In this manner, the bid documents would be clearer and easier to understand during re- bidding. The project was re -advertised for bids on August 10th, bids were opened on September 2"d, and Council will consider award of the contract on September 13th under agenda item OB-2. 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 under agenda item OB-3. 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 sign the lease agreement (September 13th) o Receive final approval and signatures by Church Officials o Prepare the site for the modular offices including added parking stalls (September 14th through 28th pending weather conditions) o Move in and set up the modular offices (end of September) o Move into the offices (early October) At this time, I have prepared the 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 have received two bid for the site preparation work. 3. On August 9th the Council considered sending a letter to WSDOT to point out Medina traffic concerns, that were conveyed to WSDOT by the Director of Public Works in January of 2010 from consultant and city review of the SR 520 Project Environmental Assessment documents, have not been addressed. A letter to Julie Meredith (WSDOT SR 520 Program Director) signed by the Mayor was sent on August 10th On August 24th, the Director of Public Works met with Daniel Babuca, Dave Edwards, Michael Horntvedt, and Gordon MacDonald of the WSDOT Eastside SR 520 management team to discuss the traffic concerns that were expressed in the letter to Julie Meredith. With the understanding that upon completion of the Eastside SR 520 corridor construction and replacement of the floating bridge, traffic flow on SR 520 will be improved and thereby reduce traffic backup on the access feeder surface streets (84th Ave NE and Points Drive), the discussion focused on the SR 520 from 2011 through 2014 construction phases. The meeting was primarily a brain -storming session to identify possible mitigation measures that the design/builder could use to control traffic problems during construction (meeting summary notes are attached). Mr. Babuca indicated that WSDOT is committed to working with Medina to identify options that will resolve construction related traffic problems in the Medina Circle vicinity. I was asked if I had any ideas and I proposed two items: creation of a Points Drive to southbound 84th Ave left turn lane along with two northbound right turn lanes to improve southbound traffic flow, and elimination of the HOV lane designation until the construction is completed. It was agreed that my first proposal would be moved forward, but my second proposal would need to be discussed with Metro Transit. The following conceptual ideas were promulgated by the group with the understanding that they will be worked out by the design/build contractor and approved by the city prior to implementation. The ideas ranged from temporary signage on 84th Ave NE to "NOT BLOCK INTERSECTION" with traffic enforcement 0ected by me), to creating a separate northbound left turn lane from north of NE to just south of Points Drive for access into and out of Medina Circle (this would eliminate the inside southbound lane of 84th Ave NE which has less traffic. The ideas also included the installation of VMS signage at NE 12th and NE 24t to alert drivers of conditions during construction and installation of temporary traffic signals at Medina Circle. WSDOT staff and the Director of Public Works will continue to discuss the array of possible solutions to minimize traffic impacts from the project as the design phase moves forward. 4. The Public Works crew focused on Medina Days during August putting up signs and banners, marking off parking areas, coordinating with the Medina Days Committee and providing support, working with vendors, providing off -hour support services, and after event cleanup. The beginning of school prompted the preparation of the speed monitoring trailers and their deployment on 82"d Ave NE and Evergreen Point Road to alert drivers as they approach the schools, and installation of a banner at five corners to remind drivers that school is starting. 2 Medina Circle Coordination Meeting Meeting Summary Tuesday, August 24, 2010 10:30 a.m. — 12:30 p.m. SR 520 Program Office 600 Stewart Street Suite 520 Seattle, WA 98101 Participants: Medina WSDOT ® Joe Willis ® Daniel Babuca ® Dave Edwards ® Michael Horntvedt ® Gordon MacDonald ® Amanda Cox Purpose The WSDOT team met with Joe Willis of Medina to discuss access to/from Medina Circle during construction. Materials provided Roll plot of Medina Circle with tissue overlays for drafting conceptual traffic mitigation ideas. Summary Daniel Babuca began the meeting with introductions and a review of the agenda. This meeting was used as a brain -storming session for possible mitigation measures that the design/builder could use to control traffic problems during construction. Daniel stated that WSDOT is committed to working with Medina to identify options that will resolve temporary, construction -related traffic problems in the Medina Circle vicinity. The main issue that WSDOT has heard regarding Medina Circle is access to/from Medina Circle during construction, especially during rush hours. Daniel also stated that after construction, traffic in and around Medina and Medina Circle should be significantly better. Joe agreed that traffic congestion will get incrementally better as construction advances. There will be improvement after the lid and the 84th Avenue NE interchange are complete. Further improvements will be seen when the Eastside Project and the Floating Bridge and Landings are complete. Joe's primary concern is traffic congestion during construction. The following are conceptual ideas that could mitigate congestion during construction near Medina Circle; a) Advanced Signing Medina Circle coordination meeting, 8/24/10 Page 1 of 2 Meeting Summary — Draft The key decision points for northbound traffic on 84th Avenue NE are at NE 12th Street and NE 24th Street. VMS signs could be used at these locations to alert drivers. Place VMS signs eastbound and westbound at the intersection of NE 24th Street and 84th Avenue NE. • Place static construction signs on the north leg of 84th Avenue NE at NE 24th Street, and on the east leg of NE 28th Street at 84th Avenue NE showing lane designation. b) Painted Intersection • Paint the northbound lanes at the 84th Avenue NE /NE 26th Street intersection (entrance to Medina Circle). • Post a static sign, "DO NOT BLOCK INTERSECTION". • Provide an enforcement pullout for ticketing violators. • Post a flagger at the intersection during peak hours or at times when traffic backups are worse than expected. c) Left -turn -in and out of Medina Circle (Short Version): • Temporarily change the lane assignment on 84th Avenue NE: (1) Only one southbound lane located on the existing outside southbound lane. (2) The northbound left -turn -in and out would be in the existing inside southbound lane. (3) Maintain two northbound lanes. • The turn lanes and tapers would take about 350 to 400 feet. d) Left -turn -in and out of Medina Circle (Elongated Version) • Temporarily change the lane assignment on 84th Avenue NE: (1) Only one southbound lane located on the existing outside southbound lane. (2) The northbound left -turn -in and out would be in the existing inside southbound lane (3) Extend the northbound left turn lane toward NE 28th Street. The southern limit is the Metro bus stop and the southbound left turn lane at the 84th Avenue NE /NE 24th Street intersection. • Maintain two northbound lanes. e) Added westbound right turn lane on NE 28th Street. • Add a westbound right turn lane that encroaches onto the lid area. • The right turn lane extends east to the WSDOT right of way line. • This option results in two right turn lanes and one left turn lane. • This effectively makes the left turn lane longer. f) Add a temporary traffic signal at the 84th Avenue NE /NE 26th Street intersection. • Temporarily change the lane assignment on 84th Avenue NE: (1) Only one southbound lane located on the existing outside southbound lane. (2) Left -turn -in and out are in the existing inside southbound lane. (3) Maintain two northbound lanes. • Signal heads will be mounted on span wire or some other temporary system. Joe will take this back to city council and let them know that WSDOT is continuing to work with Medina to find a solution for access to/from Medina Circle during construction. There is a public works session during the Sept. 13 council meeting, where Joe will review the above concepts. Action items: • Send Joe Willis a copy of the completed summary to include the concept ideas for traffic mitigation during construction. Medina Circle coordination meeting, 8/24/10 Page 2 of 2 Meeting Summary — Draft MEDINA CITY COUNCIL SPECIAL MEETING MINUTES Medina City Hall Council Chambers August 9, 2010, 5:00 pm CALL TO ORDER ITEM CA-1 DRAFT Bret Jordan called the August 9, 2010 Special Meeting of the Medina City Council to order at 5:09 pm. ROLL CALL Council Members Present: Patrick Boyd (arrived at 5:15 pm), Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney City Staff Present: Donna Hanson, City Manager; Nancy Adams, Finance Director; Dan Yourkoski, Police Lieutenant; Joe Willis, Public Works Director; Robert Grumbach, Development Services Director; and Rachel Baker, City Clerk DISCUSSION 2010 Budget Review and 2011 Budget Direction (5:09 pm) Staff and council members reviewed 2010 budget dissection worksheets and projected year end expenditures. City Hall Funding Item not discussed due to time. ADJOURNMENT MOTION NELSON AND SECOND DICHARRY TO ADJOURN THE AUGUST 9, 2010 SPECIAL MEETING AND MOTION CARRIED 7-0 AT 6:26 PM. The August 9, 2010 Special Meeting of the Medina City Council adjourned at 6:25 pm. The Medina City Council will hold its next Regular Meeting Monday, August 9, 2010, at 6:30 pm. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk MEDINA CITY COUNCIL REGULAR MEETING MINUTES Medina City Hall Council Chambers August 9, 2010, 6:30 pm CALL TO ORDER ITEM CA-2 DRAFT Bret Jordan called the August 9, 2010 Regular Meeting of the Medina City Council to order at 6:37 pm. ROLL CALL Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney City Staff Present: Donna Hanson, City Manager; Joe Willis, Public Works Director; Robert Grumbach, Development Services Director; and Rachel Baker, City Clerk Mayor led council, staff and audience members in the Pledge of Allegiance. APPROVAL OF MEETING AGENDA MOTION NELSON AND SECOND DICHARRY TO ADOPT MEETING AGENDA AS PRESENTED. MOTION CARRIED 7-0 AT 6:37 PM. PUBLIC COMMENT Mayor opened public comment period at 6:38 pm. Hunts Point resident Pat Jones read from a statement concerning State Route 520 ramp design at 84 Avenue Northeast and Hunts Point Road. Mr. Jones requested the city of Medina join the town of Hunts Point and say no to the half diamond design. Hunts Point resident Catherine Fisher, a proponent of the loop design, shared comments concerning State Route 520 sound walls, ramp design and resulting traffic flow and bicycle traffic. Hunts Point resident Virginia Park favored loop ramp. Ms. Park expressed concerns regarding retention pond and tree cutting in nature preserve related to SR 520 project. Hunts Point resident Marianne Jones encouraged all Points communities to band together and pressure WSDOT for loop design at 84 Avenue Northeast and SR 520. Mayor closed public comment period at 6:55 pm. ITEM CA-2 DRAFT REPORTS AND ANNOUNCEMENTS Boyd remarked he attended the city of Seattle's waterfront tour along with 60 other elected officials and summarized conversations he shared with them related to municipal concerns. Nelson reported he has spoken to WSDOT concerning SR 520 ramp design and withheld his report until tonight's related agenda item. Emergency preparedness committee chair, Kay Koelemay, commended the Medina public service radio group for radio exercises conducted each Sunday evening and noted the Medina Amateur Radio Emergency Net participated in an emergency operation center exercise in preparation for Sound Shake scheduled for October. Ms. Koelemay summarized Medina Days events sponsored by emergency preparedness and invited all to attend a CPR demonstration and AED instruction planned to occur at 6:00 pm, just prior to the committee's September 15 meeting. Allyson Jackson delivered a Part 150 status update and conveyed Port of Seattle and Federal Aviation Administration officials are scheduled to meet September 27 and 28 to discuss tightening current procedures, and limiting and shifting planes into noise abatement corridors for arrivals and departures. Mayor and two council members expressed interest an in attending meeting along with Ms. Jackson and city staff. Grumbach summarized WSDOT SR 520 meeting he attended along with representatives from other agencies. He disclosed SR 520 tolling is projected to begin during March 2011 and a mobile customer service office will be available in Medina and Hunts Point for permit purchases. Willis stated request for bids for city hall expansion and renovation project has been re -advertised, bid opening slated for September 2, and bids scheduled to go before council on September 13. Willis summarized revised construction schedule. CONSENT AGENDA MOTION BOYD AND SECOND NELSON TO ADOPT CONSENT AGENDA. MOTION CARRIED 7-0 AT 7:15 PM. - Approval of July 12, 2010 City Council Special Meeting Minutes - Approval of July 12, 2010 City Council Regular Meeting Minutes - Approval of July 2010 Check Register 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). - Receipt of June 16, 2010 Emergency Committee Minutes - Receipt of June 22, 2010 Planning Commission Minutes City Council Minutes August 9, 2010 Page 2 ITEM CA-2 DRAFT PUBLIC HEARINGS Public Hearing Concerninq Preliminary 2011 Budget (7.15 pm) Mayor opened public hearing at 7:15 pm. No public comments were presented and hearing was subsequently closed. OTHER BUSINESS Draft Ordinance Relating to Wireless Communication Facilities and Potential Action to Schedule a Public Hearing on the Same (7.16 pm) Grumbach summarized report and responded to inquiries from council. MOTION PHELPS AND SECOND NELSON TO MOVE TO DIRECT STAFF TO FINISH PREPARING AN ORDINANCE RELATING TO WIRELESS COMMUNICATION FACILITIES AND SCHEDULE A PUBLIC HEARING FOR SEPTEMBER 13, 2010. MOTION CARRIED 7-0 AT 7:24 PM. City Hall Funding (7:25 pm) Hanson outlined proposed funding options to meet expected costs for the city hall expansion and renovation project, including use of 2010 ending fund balance, a delay of 2011 capital projects, and tapping in to city reserve fund. Council spoke about notion of hiring a professional project management service. MOTION NELSON AND SECOND DICHARRY TO DIRECT CITY MANAGER TO DRAFT A 2011 CAPITAL BUDGET FUNDING FOR CITY HALL REMODEL BASED ON ATTACHED FUNDING PLAN AS PRESENTED BY THE CITY MANAGER. WHITNEY PROPOSED FRIENDL Y AMENDMENT BASED ON ATTACHED FUNDING PLAN WITH A DETAIL OF CHOICES FOR WHAT COULD BE DELAYED AND PHELPS SECONDED THE MOTION. NELSON DID NOT ACCEPT FRIENDLY AMENDMENT. WHITNEY MOTIONED AND PHELPS SECONDED TO AMEND MOTION TO INCLUDE A PROVISION THAT THE DRAFT PLAN PROVIDE FOR ALL THE CHOICES OF CAPITAL PROJECTS THAT CAN BE DELAYED. MOTION CARRIED 5-2 (BOYD AND NELSON OPPOSED) AT 7:56 PM. MOTION AND SECOND TO DIRECT CITY MANAGER TO DRAFT 2011 CAPITAL BUDGET FUNDING FOR CITY HALL REMODEL BASED ON ATTACHED FUNDING PLAN WHICH ILLUSTRATES THE CHOICES FOR THE DELAYABLE CAPITAL PROJECTS. MOTION CARRIED 6-1 (NELSON OPPOSED) AT 7:57 PM. City Council Minutes August 9, 2010 Page 3 ITEM CA-2 DRAFT Contract Approval, Temporary City Hall Lease and Site Improvements with St. Thomas Church (8:00 pm) Willis introduced item and discussion followed. MOTION DICHARRYAND SECOND NELSON TO AUTHORIZE CITY MANAGER TO FINALIZE LEASE AGREEMENT WITH ST. THOMAS CHURCH AND FOLLOWING CITY A TTORNEY REVIEW TO SIGN THE AGREEMENT. MOTION WITHDRAWN. MOTION NELSON AND SECOND BOYD FOR COUNCIL TO DIRECT CITY MANAGER TO PREPARE A LEASE INCORPORATING THESE TERMS TO BE PRESENTED TO COUNCIL FOR AUTHORIZATION TO SIGN AT NEXT REGULAR COUNCIL MEETING. MOTION CARRIED 7-0 AT 8:05 PM. Streetscape Policies and Street Standards (8:05 pm) Grumbach summarized staff report. Discussion followed. MOTION PHELPS AND SECOND LEE 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. MOTION CARRIED 7-0 AT 8:13 PM. SR 520 Position Letter to WSDOT Concerning 84 Avenue Northeast Traffic (8:14 pm) Willis summarized matter. Council discussion followed. MOTION DICHARRY AND SECOND WHITNEY TO SEND A LETTER TO WSDOT EXPRESSING THE NEED TO ADDRESS THE PROPOSED 84 AVENUE NORTHEAST CORRIDOR DESIGN IMPACTS AT THIS TIME. MOTION CARRIED 6-1 (PHELPS OPPOSED) AT 8:30 PM. Council Agenda Calendar (8:32 pm) Agenda discussed for Monday, September 13, 2010 regular meeting and special meeting scheduled for Tuesday, September 7, 2010, at 6:00 pm to review draft 2011 preliminary budget. EXECUTIVE SESSION The city council recessed into executive session at 8:46 pm, for an estimated time of 20 minutes pursuant to RCW 42.30.110 (1)(c) to discuss the minimum price at which real estate will be offered for lease. City council members Boyd, Dicharry, Jordan, Lee, Nelson, Phelps, and Whitney; city attorney and city manager were present. No action was anticipated. City Council Minutes August 9, 2010 Page 4 ITEM CA-2 DRAFT Executive session adjourned and council resumed its regular meeting at 9:06 pm. No action was taken. ADJOURNMENT MOTION PHELPS AND SECOND WHITNEY TO ADJOURN THE AUGUST 9, 2010 REGULAR MEETING AND MOTION CARRIED 7-0 AT 9:06 PM. The August 9, 2010 Regular Meeting of the Medina City Council adjourned at 9:06 pm. The Medina City Council will hold a Special Meeting on Tuesday, September 7, 2010 at 6:00 pm and its next Regular Meeting is scheduled for Monday, September 13, 2010 at 6:30 pm. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes August 9, 2010 Page 5 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES Medina City Hall Council Chambers September 7, 2010, 6:00 pm CALL TO ORDER ITEM CA-3 DRAFT Bret Jordan called the September 7, 2010 Special Meeting of the Medina City Council to order at 6:06 pm. ROLL CALL Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney City Staff Present: Donna Hanson, City Manager; Nancy Adams, Finance Director; Jeff Chen, Police Chief; Joe Willis, Public Works Director; Robert Grumbach, Development Services Director; and Rachel Baker, City Clerk DISCUSSION Draft 2011 Preliminary Budget (6:06 pm) Staff and council members reviewed draft 2011 preliminary budget, discussed estimated expenditures and revenues and strategies to bridge gap between them Jordan requested each council member be prepared to present suggestions to increase revenues and decrease expenditures for 2011 during the September 13 council meeting. Street Design Standards (9:02 pm) Willis discussed proposal to adopt Bellevue transportation department's design manual and to authorize an administratively modified version to serve as Medina's interim arterial street standards until amendments to the Medina Comprehensive Plan are accomplished. Grumbach explained the process will begin with planning commission review in September followed by a request for city council action in October. ADJOURNMENT MOTION WHITNEY AND SECOND BOYD TO ADJOURN THE SEPTEMBER 7, 2010 SPECIAL MEETING AND MOTION CARRIED AT 9:15 PM. The September 7, 2010 Special Meeting of the Medina City Council adjourned at 9:15 pm. ITEM CA-3 DRAFT The Medina City Council will hold its next Regular Meeting Monday, September 13, 2010, at 6:30 pm. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes September 7, 2010 Page 2 `�y of Mp�,fiy ITEM CA-4 CITY OF MEDINA September 13, 2010 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: Finance Report — August Financials Please find Revenue & Expense Summaries for August 2010 enclosed in your Council Packet. Revenue: Total Annual Revenue for August YTD 2010 was $3.194M compared to $3.195M for August YTD 2009. - Property Tax was $77K higher for YTD 2010 compared to YTD 2009. - Sales Tax was ($160K) lower for YTD 2010 compared to YTD 2009. - Licenses/Permits were $50K higher for YTD 2010 compared to YTD 2009. - REET (Real Estate Excise Tax) was $48K higher for YTD 2010 compared to YTD 2009. - Intergovernmental Revenue was $193K higher for YTD 2010 compared to YTD 2009. - Pass Through (Development related) Revenue was ($81K) lower for YTD 2010 compared to YTD 2009. Expense: - Total Annual Expense for August YTD 2010 was $333K lower than August YTD 2009. City Hall Project: Finance has set up new BARS Codes to track the City Hall Project. 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The project was started in January of 2009 and the field installation at two major intersections and a mobile police unit were substantially complete by September of 2009. From September 2009 to present, the system operation and communication interfaces have progressed from startup through a shakedown process to its' present final completion. In the process, interface with WSP stolen vehicle data base information was accomplished, upload of information to local monitors and police dispatch was completed, alert notification was activated to dispatch and mobile police units, and additional traffic observation cameras were ordered and installed using a public safety grant. The total project cost was $ 368,782. The project is completed, and ready for Council acceptance. ATTACHMENTS: NONE BUDGET/FISCAL IMPACT: Annual Maintenance cost of $3,586 Accept the Project and Authorize the Director of Public Works to STAFF RECOMMENDATION: Close Out the Proiect CITY MANAGER REVIEW: "I M6ve to approve the Enhanced Public Safety Surveillance PROPOSED COUNCIL MOTION: System Project and Authorize the Director of Public Works to Close Out the Project." Ti )t11 >p\1W"Ir lSM11-0/ltfl#tr 11�J_!lt/111_!l�1!_�JILTJIL�Il�/lt�J!\�Il G ,L W WHEREAS, more than 14 percent of Washington's high school students smoke cigarettes, and more than 10 percent of the state's male high school students use smokeless tobacco; and WHEREAS, more than 45 Washington kids under age 18 start smoking every day; and WHEREAS, more than 240,000 children in Washington State are exposed to secondhand " smoke at home from the approximate 15 percent of the state's adults who smoke; and WHEREAS, more than eleven -and -a half million packs of cigarettes are bought or smoked by Washington kids each year; and WHEREAS, each day in the United States, more than 3,500 kids try their first cigarette, and approximately 1,000 others underage 18 will become new regular, daily smokers; and WHEREAS, 80 percent of all adult smokers began smoking while in their teens, and two- thirds became regular, daily smokers before the age of 19; and WHEREAS, roughly one-third of all youth smokers will die prematurely from smoking - caused disease; and WHEREAS, there are now more opportunities than ever to quit smoking, including support, medical treatments, and nicotine replacement; NOW, THEREFORE,1, Christine 0. Gregoire, Governor of the state of Washington, do hereby proclaim September 12-18,`2010, as Tobacco free Teens Back to School Week in Washington State, and I urge all citizens to join me in this special observance. Signed this 201h day of April, 2010 O_Z� Governor Christine 0. A7-.* e L '1 I ITEM CA-6 y of Met, City of Medina, Washington PROCLAMATION Tobacco -free Teens" Back to School Week Proclamation WHEREAS, one in five high school seniors in King County smokes WHEREAS, the recent increase in cigarette taxes is just one more reason to quit smoking, WHEREAS, there are more ways than ever to quit smoking, including the Washington State Quit Line, talking to your doctor, support groups, nicotine replacement and other options, WHEREAS, some health insurance providers like Group Health will cover the cost to quit smoking, WHEREAS, nearly 8,000 people die every year in Washington due to smoking -related illness and smoking adds nearly $2 billion to annual health care costs in Washington, WHEREAS, every household pays $627 annually to cover state and federal costs related to smoking, WHEREAS, lifetime savings in tobacco -related health expenditures for every former smoker total more than $20,000, NOW THEREFORE, BE IT RESOLVED that the X City Council joins cities across King County, the Heart Association, the American Cancer Society, the American Diabetes Association and the Washington Health Foundation declaring the second week of September 2010 to be King County Quits! Week, and will work to cut teen smoking in half by 2020. DATED, this thirteenth day of September, 2010. Bret Jordan, Mayor ITEM CA-7 CITY OF MEDINA Planning Commission Meeting July 27, 2010 Medina City Hall Council Chambers 6:00 p.m. 501 Evergreen Point Road CALL TO ORDER The Planning Commission meeting of July 27, 2010, was called to order at 6:03 pm by Chairperson O'Brien. ROLL CALL Present: Molly Goudy, David Lee, Judie O'Brien, Peter May, Heija Nunn, Jeff Price, and Ching -Pi Wang Staff Present: Robert Grumbach, Development Services Director; Christopher Ruiz, City Engineering Consultant; Kristen Clem, Planning Consultant; Pamela Greytak, Administrative Assistant ANNOUNCEMENTS (6:03 pm) O'Brien welcomed David Lee to the Planning Commission. Grumbach made the following announcements: • The City Council adopted ordinances related to fees, procedures, and divisions of land. • City hall construction bids were higher than expected so the job will be re - advertised. • Upcoming comprehensive plan amendments are likely because council may want to update streetscape policies. APPROVAL OF MINUTES MOTION PRICE AND SECOND MAY TO APPROVE JUNE 22, 2010 MEETING MINUTES AS SUBMITTED. MOTION CARRIED 7-0 (6:06 PM) AUDIENCE PARTICIPATION (6:06 pm) There were no comments from the audience. QUASI-JUDICIAL PUBLIC HEARING: Construction Mitigation Plan No. C-2715 & Site Plan Review SPR 2010-01: 3313 & 3315 Evergreen Point Road Proposal: Construction of a 13,900 square foot single-family residence and associated improvements; including the relocation of a private lane, construction of retaining walls, a swimming pool and a sports court; and the grading of up to 5,680 cubic yards of earth and importing of 1,256 cubic yards of fill in a geologically hazardous area. Chair opened the public hearing (6:07 pm) Planning Commission Minutes Page 1 July 27, 2010 ITEM CA-7 Chair asked if the commissioners had any disclosures to make subject to the Appearance of Fairness Doctrine. Commissioner Lee stated that he owns the property adjacent to the property located at 3315 Evergreen Point Road. There were no objections from the applicant or the public regarding Lee's participation in the hearing. Kristen Clem, City planning consultant, provided a staff report that the site plan met code requirements. She recommended approval of the application as outlined in the staff report. Mark Elster, AOME Architects, acting as applicant's agent, reviewed site illustrations and described site details. Christopher Ruiz, City engineering consultant, reported that staff recommended approval of the construction mitigation plan subject to the conditions outlined in the staff report. Mr. Elster read aloud an introductory letter titled, "Planning Commission CMP Statement". Mr. Elster stated that once the project was finalized the applicants plan to restore the roadway with new pavement, concrete border, and plantings. He summarized the plan to utilize a small barge with a 40 foot boom crane for the purpose of transporting materials. Commissioner Wang inquired about neighbor's letters regarding proposed truck traffic concerns. Mr. Elster noted the plans to install screening and to provide flaggers and a truck washing station. Mr. Elster spoke about the positive outcome of a meeting between applicants and neighbors regarding proposed mitigation measures. Responding to Goudy's questions regarding truck staging, Mr. Elster confirmed that it would occur outside of Medina city limits and dump trucks and construction vehicles would have more than adequate space to park onsite. Replying to O'Brien's inquiry regarding construction during neighbors planned social events, Mr. Elster reported that construction hours could be altered depending on type of work being done at the time. Commissioner May asked about possibility of anchoring barge further offshore and moving soil by crane. Ruiz stated that if that method were used the material would have to be handled twice, which would extend the project time wise out further. In response to Wang's inquiry about who would be responsible for construction monitoring, Mr. Elster stated that contractors will go through an orientation and sign an acknowledgement indicating they understand the mitigation rules; a geotechnical engineer will be on the site to monitor key phases of material removal and construction practices; and a civil engineer will monitor activities such as storm water and design. Ruiz reiterated that the Department of Ecology requires that a certified erosion and sedimentation control lead be on site to monitor erosion control matters. Responding to Commission Lee's inquiries regarding barging, Mr. Elster explained that the barge would be in place one to two days to unload materials, and would return for another one to two days to pack up and leave. Mr. Elster spoke about the increased duration of the project if soil were to be transported by barge. Planning Commission Minutes Page 2 July 27, 2010 ITEM CA-7 Mr. Elster and commissioners discussed number of daily truck trips required to complete the project and the plan to work around school bus schedules. Grumbach pointed out that the municipal code requires that mitigation must be reasonable and truck travel is limited to arterials, not city streets. Nunn recommended installing a road sign alerting drivers to slow down for children. Construction Superintendent Chris Berg, spoke about truck traffic, truck staging, and number of employees on site. Ruiz stated that the trucking option gives contractor more flexibility and shortens project timeline. There were no comments from the public. Chair closed the public hearing at 7:14 pm MOTION GOUDY AND SECOND NUNN TO ACCEPT THE STAFF'S RECOMMENDATION TO APPROVE THE CONSTRUCTION MITIGATION PLAN SUBJECT TO THE CONDITIONS IN THE STAFF REPORT. (7.14 PM) Discussion ensued. Goudy recommended changing arrival time to one half hour later than what was proposed. MOTION BY GOUDY AND SECOND NUNN TO AMEND THE ORIGINAL MOTION TO ADD THE FOLLOWING CONDITION: ARRIVAL TIME OF 7:00 AM ON WEEKDAYS AND 8:00 AM ON SATURDAYS WITH HEAVY EQUIPMENT ARRIVAL TIME OF 9:00 AM ON SATURDAYS. MOTION CARRIED 7-0 (7:21 PM) Nunn discussed adding a condition regarding signage for the project. MOTION NUNN AND SECOND GOUDY TO AMEND THE ORIGINAL MOTION TO ADD THE FOLLOWING CONDITION: ADD AN ATTRACTIVE STREET SIGN IN LOCATION TO BE DETERMINED BY CITY ENGINEER TO READ "SLOW TRAFFIC — CHILDREN". MOTION CARRIED 7-0 (7:22 PM) ORIGINAL MOTION AS AMENDED APPROVED 7-0 (7:22 PM) OTHER BUSINESS Draft Code Amendment — Wireless Communication Facilities (7.24 PM) Grumbach provided a summary of the draft code amendment related to wireless communication. Grumbach; Jeff Langdon, the City's wireless consultant; and Doug Kearney from ATC answered questions from commissioners. Mr. Kearney provided testimony and thanked staff for how quickly the revised ordinance was being drafted. He also showed illustrations of the PSE sub -station where a wireless hub is proposed to be located. Mr. Kearney requested that the City consider allowing for an above -ground hub facility. He explained that undergrounding the facility would lead to high costs and the possibly flooding due to a high water table at the site. Mr. Kearney confirmed that his company would be paying PSE to lease the space. He confirmed the hub could accommodate up to three carriers. Planning Commission Minutes Page 3 July 27, 2010 ITEM CA-7 Grumbach noted that this issue was discussed with the City Council and reviewed with the City Attorney. Allowing an above -ground facility at one site would require affording other sites to be above ground unless something such as public safety or topography can justify otherwise. He also noted that the revised code would allow an electronic equipment facility to be housed inside of existing nonresidential buildings. The Commissioners ensuing discussion included undergrounding utilities, service coverage gaps, tower heights, encouraging competition between wireless carriers, minimizing ordinance modifications, wireless facilities locations, SUP timeline, visual impacts of towers, and zoning regulations. Nunn recommended that the city consider eliminating the 35 foot height limitation on towers; allowing towers in the city parks; and allowing ATC to lease space at city hall to house their electronic communication. Nunn voiced concerns regarding keeping ordinance changes to a minimum. Wang stated that he liked the idea of leasing park space to companies for wireless towers. Goudy indicated that she would like the ordinance to proceed to council for their consideration. May agreed that he would like the ordinance to move forward. He did not agree with the idea of allowing towers in parks. Price agreed with keeping ordinance changes to a minimum and forwarding the ordinance to council with recommendation of approval as written. Lee indicated the ordinance is a good step in the right direction and that he is in support of it. O'Brien indicated that she does not agree with the recommendation to allow wireless towers to be located in the parks. Commissioners asked Grumbach to prepare a summary of their discussion to be sent to the City Council with their recommendation. Grumbach noted he would seek commissioners' feedback on the memo and stated that the ordinance would go before council on August 9. ADJOURNMENT MOTION LEE AND SECOND GOUDY TO ADJOURN JULY 27, 2010 PLANNING COMMISSION MEETING. MOTION APPROVED 7-0 (8:41 PM) The next Planning Commission meeting will be held on Tuesday, August 24, 2010, at 6:00 pm. Minutes taken by: Pamela Greytak, CMC Administrative Assistant Planning Commission Minutes Page 4 July 27, 2010 ITEM PH-1/ OB-1 Medina City Council Regular Meeting, Monday, September 13, 2010 An ordinance relating to wireless communication facilities; repealing Subject/Title: 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 CATEGORY: ❑ Consent ® Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other - Discussion Staff Report By: Robert J. Grumbach BACKGROUND/SUMMARY: The City Council first explored the issue of wireless communication coverage in Medina at their January 11, 2010 meeting. A draft code amendment, with an emphasis of allowing use of the City's right-of-way to improve coverage, was prepared. The attached ordinance is the product of this effort after receiving input from the city council, planning commission, the City's wireless consultants, the industry, and the City Attorney. In summary, the ordinance: • Adds the City's rights -of -way as a permitted location for locating wireless communication facilities; • Adds City -owned buildings in the parks as a permitted location for ancillary equipment (no towers or antennas); • Requires antennas to be mounted on utility poles in the rights -of -way and creates minimum separation requirements; • Increases the 35-foot maximum height allowances in the City's rights -of -way, and at Fairweather Preserve (to allow for SR 520 coverage); • Clarifies and adds to the requirements for concealment; • Revises special use permit requirements, including deletion of the expiration requirement and clarification of when maintenance and upgrades do not require a new special use permit; and • Expands the "needs" analysis to allow for some consideration of capacity (this is new legal territory). Since the August 9 council meeting, staff continued to scrutinize the language in the draft code amendment. The result is additional language modifications. The majority of modifications are editing, which are minor in nature. The most significant change was to allow small equipment housing structures to protrude up to 18 inches from the pole (previously was 12 inches). This revision was made per ATC's request after they submitted additional information regarding equipment boxes. Additionally, Section 17.90.140 was completely revised, but this was done for purposes of clarity. ATC also continues to request modifying the ordinance to allow equipment housing structures to be above ground at the PSE substation sites. Their attorney submitted a legal analysis arguing for distinguishing between the two PSE sites and other sites. The City Attorney reviewed their argument and concluded that a rational basis could be found to justify above grounding of equipment housing structures at the PSE substations sites since they would represent a clustering of similar uses, which distinguishes the PSE sites from other non- residential sites. Any distinction is subject to a legal challenge of course, but a rational basis can be articulated. ITEM PH-1/ 013-1 The issue of above ground equipment housing structures is strictly a policy question. As discussed previously, undergrounding is simply a form of concealment that is applied in conjunction with other concealment regulations. It's worth noting that the PSE sites offer excellent examples of what a vegetative buffer can do for concealment. The City Council previously discussed the question of above grounding. The direction has been to continue requiring these types of facilities to be placed underground consistent with undergrounding policies the City has for utilities. However, at the time this was discussed, it was not clear a rational basis could be articulated to distinguish the PSE sites from other sites. If the City Council wishes to modify the ordinance to draw a distinction between the PSE sites from other non-residential sites, staff recommends developing code language that identifies criteria upon which it would be appropriate to allow equipment housing structures to be above ground. This should be done working with the City Attorney to ensure the criteria support a rational basis. It would be recommended that the ordinance is then brought back at the next meeting for council action (either consent or other business). Attachments: ATC email dated August 31, 2010 Proposed ordinance BUDGET/FISCAL IMPACT: Unknown STAFF RECOMMENDATION: Approval, subject to policy direction regarding above grounding of equipment housing structuresi CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: 1) Move to adopt an ordinance of the City of Medina repealing and re-enacting new regulations relating to wireless communication facilities OR 2) Move to direct staff to revise the ordinance by adding language identifying criteria in which it would be appropriate to allow equipment housing structures to be located above ground, and to place the revised ordinance on the October 11 council meeting agenda for consideration Robert Grumbach From: Douglas Kearney [Douglas.Kearney@AmericanTower.com] Sent: Tuesday, August 31, 2010 9:56 AM To: Robert Grumbach Subject: Wireless Code -Underground Requirement PSE substations Dear Robert Grumbach, ATC has received information that a member/members of the City Council may be open to allowing above ground wireless shelters for equipment at the two PSE substations located in Medina as long as the concern of unequal treatment is addressed. ATC asked Gordon Derr to provide a legal analysis of the issue. Below is the legal grounds stating that it is unlikely an un-equal claim can be made if there are two locations for above ground equipment. If you would be so kind as to advise if you believe there is any opportunity for allowing above ground equipment at the PSE substations it would be greatly appreciated. A. The Amendment Does Not Constitute Discriminatory Zoning. First, the proposed amendment to the City's regulations governing WCFs does not amount to discriminatory zoning because there are reasonable grounds to support the limited authorization to install above ground facilities on properties where there are existing utility substations. Discriminatory zoning only occurs when there are no reasonable grounds supporting different treatment of similarly situated properties. See 1 Rathkopf, The Law of Planning and Zoning, § 8.1. See also State ex rel. Smilanich v. McCollum, 62 Wn.2d 602, 605-06, 384 P.2d 358 (1963). The prohibition on discriminatory zoning stems from the equal protection clause of the constitution. Id. In general, the inquiry is whether the zoning restriction is arbitrary and unreasonable. Id. The courts will investigate whether the regulation bears a substantial relationship to the general welfare of the affected community, or if instead the regulation is designed to benefit a particular individual or group. See Smilanich, 62 Wn.2d at 606; Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 875-76, 947 P.2d 1208 (1997); Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 368, 662 P.2d 816 (1983). This standard is not an onerous standard. Courts have rejected allegations of "discriminatory" zoning in many instances based on the reasonable justification for different treatment of similarly situated properties. See, e.g., Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 368-69, 662 P.2d 816 (1983) (holding that the redesignation and rezone of a site within a suburban residential area to allow a light industrial business park was not discriminatory zoning because it bears a substantial relationship to the general public welfare). Indeed, courts have even rejected challenges to zoning that severely restricts available locations for a use can even though the restricted use is afforded special protection under the first amendment. For example, a district court recently upheld the City of Seattle's regulations that significantly restrict where "adult cabarets" can be located within the city. See ATL Corp. v. City of Seattle, Slip Copy, 2010 WL 2836164 (W.D. Wash., July 19, 2010). The court upheld the restrictions, even though the constitution provides extra safeguards to that particular use under the First Amendment. Id. See also City of Renton v. Playtime Theatres, Inc. 475 U.S. 41, 106 S.Ct. 925 (1986). In this instance, the same grounds that support the City's more general restriction on above ground facilities also support the amendment proposed by ATC to allow above ground facilities in certain locations that are already developed with significant above ground utility infrastructure. The "prime objective" behind the WCF regulations is to "minimize adverse visual impacts" on the residential character and unique setting of the City while simultaneously providing adequate service to citizens and the travelling public. See MMC 17.90.010. Accordingly, the same public policy supports an amendment that allows above ground facilities on properties that already include significant utility infrastructure. The existing utility infrastructure, including the substations operated by Puget Sound Energy, stands in contrast to the mostly residential surroundings within the City. in those areas, the additional above ground wireless facilities do not create any additional adverse visual impact on the surrounding residential community. Furthermore, any above ground wireless equipment would be fully screened from any surrounding residential uses. Accordingly, even though there may be a very limited number of properties to which the amendment applies because of the predominantly residential character of the City, there are reasonable grounds to support the proposed revision that treats non-residential utility properties differently. B. The Amendment is Consistent with the Federal Telecommunications Act. Second, the proposed amendment is consistent with the federal Telecommunications Act ("TCA"). The Telecommunications Act generally preserves local authority "over decisions regarding the placement, construction, and modification of personal wireless service." 47 U.S.C. § 332(c)(7)(A). However, the TCA also prohibits local jurisdictions from unreasonably discriminating among providers of functionally equivalent services. 47 U.S.C.A. § 332(c)(7)(13)(1). As a preliminary matter it is worth noting that most of the reported decisions resolving challenges brought under this section of the TCA address specific applications to develop WCFs at particular locations. See, e.g., MetroPCS, Inc v. City and County of San Francisco, 400 F.3d 715 (9"' Cir. 2-005); Nextel West Corp. v. Unity Township, 282 F.3d 257 (3d Cir. 2002); Sprint Spectrum, L.P. v. Willoth, 176 F.3d 630, 637 (2d Cir. 1999). The question of discrimination is therefore typically a question of fact requiring comparison between providers that have received disparate treatment and are alleged to be similarly situated. The statutory restriction on discriminatory treatment is not typically used to bring broader "facial challenges" to the adoption of regulations in the absence of any specific applications. Accordingly, the mere adoption of the proposed amendment is unlikely to be challenged under this provision of the TCA. Nevertheless, we understand that the City may have concerns that the adoption of the amendment may lead to a hypothetical claim in the future whereby a provider challenges the City's decision on a specific proposal. Courts have interpreted section 332(c)(7)(13)(i) of the TCA to allow "reasonable" discrimination between providers. MetroPCS, Inc, 400 F. 3d at 727; Sprint Spectrum, L.P. v. Willoth, 176 F.3d 630, 637 (2d Cir. 1999). Specifically, courts have recognized that "discrimination" that is "based on traditional bases of zoning regulation such as preserving the character of the neighborhood and avoiding aesthetic blight are reasonable and thus permissible." Id in other words, local jurisdictions can consider the appropriateness of proposed locations when deciding whether to allow construction of a wireless facility. Id. This "reasonable discrimination" or disparate treatment between otherwise similar applications recognizes that different concerns may come into play at different locations, even when the proposals are otherwise comparable. Id. (legislative history explains that the provision preventing unreasonable discrimination does not mean that "if a State or local government grants a permit in a commercial district, it must also grant a permit for a competitor's 50-foot tower in a residential district."). See also T-Mobile v. City of Anacortes, 572 F.3d 987, 994 (9"' Cir. 2009) (recognizing that it is appropriate to consider aesthetic considerations and compatibility with adjacent land uses when deciding on applications to construct WCFs) In this case, the proposed amendment before the City is consistent with the TCA because it makes distinctions based on traditional concepts of zoning regulation including compatibility with surrounding areas and protection of neighborhood character. Specifically, and as described earlier, the amendment will allow above ground facilities in certain locations that are already developed with utility infrastructure, but not elsewhere in the predominantly residential city. Moreover, the proposed amendment is consistent with section 332(c)(7)(13)(i) of the TCA because it does not completely preclude construction of facilities on other sites in the City. Instead, the proposed amendment only limits where above ground facilities can be constructed. On its face, the provision would allow facilities elsewhere so long as they are underground. By contrast, the reported cases addressing the prohibition on discriminatory treatment involve instances in which a local jurisdiction has denied an application to build a facility at a particular site. Clearly, with specific respect to those opportunities at the limited locations where above -ground facilities are allowed, the TCA prohibits the City from unreasonably discriminating between similarly situated service providers. See, e.g., Ogden Fire Co. No. 1 v. Upper Chichester TP., 504 F.3d 370 (3d Cir. 2007). However, the fact that the City only allows the above ground facilities at certain non-residential locations that are already developed with utility -related infrastructure but not otherwise in residential districts does not constitute unreasonable discrimination. Thank You Douglas Kearney Zoning Representative, West Region American Tower Corporation 2361 Campus #240 Irvine, CA 92612 Telephone 714-875-6972 Douglas. Kearnev@Americantower.com ITEM PH-1/ OB-1 1 CITY OF MEDINA 2 3 Ordinance No. 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, 6 WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES; 7 REPEALING AND RE-ENACTING CHAPTER 17.90 OF THE MEDINA MUNICIPAL 8 CODE; ESTABLISHING REGULATIONS FOR THE PLACEMENT AND PERMITTING OF 9 WIRELESS COMMUNICATION FACILITIES; AND AMENDING THE PERMIT FEE 10 11 WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the 12 City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance 13 783, passed March 14, 2005; and 15 WHEREAS, the City is a developed community that consists almost exclusively of 16 detached single-family homes on individual lots and that Goal LU-G1 of the Medina 17 Comprehensive Plan is: "To maintain Medina's high -quality residential setting and character; 19 and 20 WHEREAS, the Federal Telecommunication Act of 1996 has imposed requirements that 21 local governments not unreasonably discriminate among providers of functionally equivalent 22 personal wireless services, or act in a manner that prohibits or has the effect of prohibiting the 23 provision of personal wireless services, while at the same time preserving traditional State and 24 local authority over the placement, construction, and modification of wireless communication 25 facilities; and 27 WHEREAS, the City Council adopted chapter 17.90 of the Medina Municipal Code by 28 Ordinance 609 (adopted July 8, 1996), amended by Ordinance 623 (adopted May 19, 1997) and 29 Ordinance 710 (adopted February 12, 2001), establishing appropriate locations, site 30 development standards and permit requirements to allow for wireless communication services 31 to the residents of the City; and 33 WHEREAS, as a matter of public policy, the City Council finds that new technologies 34 relating to wireless communications have increased the community's demand for wireless 35 communication services; and 36 37 WHEREAS, the City has undertaken a review of the wireless communication services 38 provided to the City and determined that the existing Zoning Code provisions do not adequately 39 encourage delivery of services consistent with the community's demand for wireless 30 communication services; and 42 WHEREAS, the City Council wishes to encourage improved delivery of wireless 43 technologies throughout the City; and 44 45 WHEREAS, the City Council recognizes that placement, construction and modification of 46 wireless communication facilities could adversely affect the character, aesthetics, property 47 values, and the high residential quality of the community; and 48 49 WHEREAS, it is the City's intent to protect and promote the public health, safety and 50 welfare by adding new regulations regarding the placement, construction and modification of 51 wireless communication facilities within the City's rights -of -way and revising existing regulations 52 to better encourage improved delivery of wireless services throughout the City, while protecting 53 the high -quality residential setting of the community; and 1 of 15 ITEM PH-1/ OB-1 1 2 WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to 34 the Washington State Department of Commerce on July 16, 2010; and 5 WHEREAS, a notice of hearing was published on August 27, 2010, in the Seattle Times 6 newspaper; and 7 8 WHEREAS, the City Council held a public hearing on September 13, 2010, to receive 9 testimony for and against the proposed code amendment; and 10 11 WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of 12 Nonsignificance for the proposed code amendment was issued on August 25, 2010, pursuant to 113 4 WAC 197-11-340(1). 15 WHEREAS, the City Council makes the following conclusions: 16 17 A. There is a need for revised regulations relating to wireless communication facilities to 18 assure adequate wireless communication services for residents and people within 19 the City limits and the SR 520 Bridge. 20 21 B. The proposed amendments are consistent with, and serve to implement, the City's 22 adopted comprehensive plan. 23 24 C. The code amendments will allow the appropriate development of wireless facilities 25 within the City and serves the public interest. 27 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO 28 ORDAIN AS FOLLOWS: 29 30 Section 1: Repeal and Re-enactment of Chapter 17.90 MMC. Chapter 17.90 of the 31 Medina Municipal Code is herby repealed in its entirety and re-enacted consisting of 19 sections 32 to read as follows: 33 34 Chapter 17.90 35 WIRELESS COMMUNICATIONS 36 FACILITIES 37 38 Sections: 39 17.90.010 Purpose. 40 17.90.020 Nondiscrimination. 41 17.90.030 Applicability. 42 17.90.035 Licensed amateur (HAM) radio. 43 17.90.040 Definitions. 44 17.90.050 Permitted locations. 45 17.90.060 Parks and Public Places zoning — limitations. 46 17.90.070 Site requirements — outside of City rights -of -way. 47 17.90.080 Site requirements — City rights -of -way. 48 17.90.090 Security fencing. 49 17.90.100 Concealment. 50 17.90.110 Co -location. 51 17.90.120 Non -administrative special use permit required. 52 17.90.130 Application submittal requirements. 53 17.90.140 Requirement to demonstrate need for facility. 2of15 ITEM PH-1/ OB-1 1 17.90.150 Radio frequency standards. 2 17.90.160 Assignment of subleasing. 3 17.90.170 Maintenance required. 4 17.90.180 Abandoned facilities. 5 6 17.90.010 Purpose. 8 The purpose of this chapter is to establish design, permitting, and placement standards for 9 wireless communication facilities that: 10 A. Provides adequate wireless communication coverage to the residents of the City, the 11 traveling public, and others within the City's jurisdiction; 12 B. Ensures wireless communication facilities are consistent with the residential character of the 13 City; 14 C. Establishes development standards for wireless communication facilities that are least 15 intrusive and take into account the scale (height and mass), proximity to each other, and the 16 informal landscaping that contribute to the distinctive setting of the community; 17 D. Maximizes the use of any support structure and existing suitable structures and buildings in 18 order to reduce the need to construct or install new support structures; and 19 E. Protect the public health, safety and welfare. 20 22 17.90.020 Nondiscrimination. 23 The Federal Telecommunication Act (FTC) provides that the City shall not unreasonably 25 discriminate among providers of functionally equivalent services. 26 17.90.030 Applicability. 27 28 A. The provisions of this chapter shall apply to all new and expansion and/or alteration of 29 wireless communication facilities located within the boundaries of the City, except for the 30 following: 31 1. Those facilities used for the purpose of public safety by a public agency, such as police, 32 and 911 communications systems; 33 2. Wireless radio utilized for emergency communications in the event of a disaster; 34 3. An antenna that is designed to receive television broadcast signals; 35 4. An antenna for receiving and sending of amateur radio devices or HAM radios provided 36 the criteria in MMC 17.52.035 are satisfied; 37 5. An antenna that is one meter or less in diameter or diagonal measurement, which is 38 designed to receive direct broadcast satellite services, including direct -to -home satellite 39 services and those subject to MMC 17.52.060; 40 6. An antenna that is one meter or less in diameter or diagonal measurement, which is 41 designed to receive video programming services via multipoint distribution services, 42 including multi -channel multipoint distribution services, instructional television fixed 43 services, and local multipoint distribution services. 44 B. It is the express intent of the City to impose all regulations in this chapter to all land within 45 the City, whether publicly or privately held including private property, city property, state- 46 owned right-of-way, and/ or church property, utility property and school property. 47 49 17.90.035 Licensed amateur (HAM) radio. 50 Antennas for the receiving and sending of amateur radio devices (HAM) shall be exempt from 51 the requirements of this chapter provided: 52 A. The height of the antenna, including any tower, does not exceed the maximum zoning 53 height applicable to the property; 3of15 ITEM PH-1/ 013-1 1 B. The radio is owned and operated by a federally licensed amateur radio station operator, or 2 is used exclusively for "receive only" antenna; 3 C. No lights of any kind shall be attached to, and no direct or indirect means of artificial 4 illumination shall be employed, on the antenna or tower; 5 D. Concealment pursuant to MMC 17.90.100 shall be incorporated into the antenna and tower 6 to the extent allowed under the requirements set forth by the Federal Aviation Administration 7 (FAA); 8 E. Towers shall not be located within any setback areas and must be placed a distance from all 9 property lines and existing residential structures equal to, or greater than, its height (not 10 including the antenna); 11 F. No signs shall be permitted except as required by federal regulations, where such a sign 12 shall be limited to one in quantity and no larger than 8'/2 inch by 11 inches; 13 G. The tower shall not be used for commercial purposes; and 14 H. Towers must meet all applicable state and federal statues, rules and regulations, including 15 obtaining a building permit from the City, if necessary. 177 17.90.040 Definitions. 18 19 A. Words in this chapter used in the singular shall include the plural, and the plural shall 20 include the singular, unless the context clearly indicates the contrary. 21 B. The following definitions apply to this chapter: 22 "Ancillary facilities" means the equipment required for operation of wireless communications, 23 including, but not limited to repeaters, radios, cabling, power meters, ventilation, generators, 24 and other related equipment. 25 "Antenna" means an electrical conductor or group of electrical conductors that transmit or 26 receive radio waves or microwaves. 27 "Antenna, Omni -directional (or whip)" means an antenna that receives and transmits signals 28 in a 360 degree pattern, and which is 4 inches or less in diameter and 15 feet or less in 29 height. 30 "Antenna, Directional (or panel)" means an antenna that receives and transmits signals in a 31 directional pattern typically encompassing an arc of 120 degrees. 32 "Antenna, Parabolic (or dish)" means a bowl -shaped device that receives and transmits 33 signals in a specific directional pattern. 34 Antenna, Tubular Panel" means an antenna which is 18 inches or less in diameter and less 35 than 8 feet in height, and which is capable of receiving or transmitting signals in a 360 36 degree pattern. This includes a configuration of multiple panel antennas located within a 37 single shroud that gives the appearance of a single antenna. 38 "Co -location" means the use of a single support structure and/ or site by more than one 39 telecommunication carrier of wireless communication. 40 "Coverage gap" means a geographic area where a telecommunication carrier has a 41 significant gap in service coverage. 42 "Equipment housing structure" means the structure used to shelter equipment (i.e.: 43 electronics, cooling and heating devices, emergency generators, etc) necessary for 44 processing wireless communication signals including, but not limited to, vaults, cabinets and 45 similar assemblies. 46 "Existing nonresidential building" means an existing building or structure that contains a 47 nonresidential use or supports a nonresidential use. 48 "Lattice tower" means a support structure characterized by an open framework of lateral 49 cross members which stabilize the structure. 50 "Monopole" means a single upright pole, engineered to be self supporting that does not 51 require lateral cross supports and is sunk into the ground and/ or attached to a foundation. 4of15 ITEM PH-1/ OB-1 1 "Personal wireless services" means the same as that phrase is given meaning pursuant to 2 47 USC §332(c)(7)(C)(i). 3 "Personal wireless service facilities" means the same as that phrase is given meaning 4 pursuant to 47 USC §332(c)(7)(C)(ii). 5 "Residential use property" means all portions of any property which contain a residence and 6 all portions of any vacant property which is zoned for residential use, including property 7 located in adjoining jurisdictions. 8 "Security barrier" means an obstruction, such as fences, walls, vegetation and similar 9 elements that restricts public access. 10 "Service area" means the vicinity around a wireless communication facility that effectively 11 receives signals from and transmits signals to the facility. 12 "Significant Gap in Service Coverage" means a large geographical service area in which a 13 large number of remote user subscribers are unable to connect or maintain a connection to 14 the national telephone network through a telecommunication carrier's wireless 15 communication network. A "dead spot" (defined as small areas within a service area where 16 the field strength is lower than the minimum level for reliable service) does not constitute a 17 significant gap in services. 18 "Support structures" means the structure to which antennas and other necessary associated 19 hardware are mounted, including, but not limited to lattice towers, monopoles, utility support 20 structures, and existing nonresidential buildings. 21 "Utility support structure" means poles that support street lights, and poles used to 22 supporting electrical, telephone, cable or other similar facilities. These poles are typically 23 constructed of wood, steel, concrete and composite materials. 24 View -shed" means the environment that is visible from one or more viewing points. 25 "Wireless communication facility" means a facility designed and used for the purpose of 26 transmitting, receiving, and relaying voice, video and data signals from various wireless 27 communication devices. This may include any combination of antennas, ancillary facilities, 288 equipment housing structures, support structures, and security barriers. 29 30 17.90.050 Permitted locations. 31 32 Wireless communication facilities may be permitted at the following locations: 33 A. Properties zoned R-16 District, R-20 District, and SR-30 District containing a nonresidential 34 use identified in the Land Use Inventory set forth in the Medina Comprehensive Plan; and 35 B. Properties zoned Neighborhood Auto and Primary State Highway; and 36 C. Properties zoned Parks and Public Places, subject to the limitations set forth in MMC 37 17.90.060; and 38 D. All opened and un-opened City rights -of -way, regardless of the underlying zoning district. 40 E. All other locations within the City's jurisdiction are prohibited. 442 17.90.060 Parks and Public Places zoning — limitations. 43 Wireless communication facilities are prohibited in all portions of City parks, except: 44 A. Those portions of Fairweather Nature Preserve which are non -forested and adjacent to the 45 state highway right-of-way; and 46 B. Ancillary facilities placed within the interior of a City -owned building. 47 48 17.90.070 Site requirements — outside of City rights -of -way. 49 50 The following site requirements shall apply to wireless communication facilities that are located 51 pursuant to MMC 17.90.050(A), (B), and (C). 5of15 ITEM PH-1/ 013-1 1 A. An antenna and ancillary facility may use an existing nonresidential building as a support 2 structure provided that: 3 1. Only one of the following may be mounted on the building: 4 a. One tubular panel antenna; 5 b. One whip antenna; or 6 c. One non -reflective parabolic dish antenna not more than one -foot in diameter. 7 2. More than one antenna may be mounted on the same nonresidential building when: 8 a. The added antenna is for the purpose of co -location as prescribed by MMC 9 17.90.110 provided each telecommunication carrier shall be limited to only one 10 antenna on the same nonresidential building; and/ or 11 b. The added antenna is for a Global Positioning System (GPS) antenna less than 12 12 inches at its greatest dimension. 13 3. Ancillary facilities may be located on- or off -site and shall be placed within the interior of 14 an existing nonresidential building or an equipment housing structure. This provision 15 shall not apply to conduit or cabling for power and/ or data. 16 4. The maximum height of the wireless communication facility, including the height of the 17 antenna, shall not exceed the lower of a height of 35 feet above finished or original 18 grade, whichever is lower, or: 19 a. Six feet, eight inches, measured to the top of a tubular antenna above the roof 20 proper at the point of attachment; 21 b. Ten feet measured to the tip of whip antenna above the roof proper at the point of 22 attachment; 23 c. Five feet measured to the top of a parabolic dish above the roof proper at the point of 24 attachment. 25 5. Wireless communication facilities, except for security barriers, shall be set back a 26 distance of at least 500 feet from the property line of all residential properties. 27 6. In addition to the provisions prescribed by this subsection, if a support structure is 28 attached to an existing nonresidential building, the provisions set forth in MMC 29 17.90.070(B) shall apply where applicable. 30 7. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts 31 and provide appropriate screening. 32 8. Buildings containing a residential occupancy as defined by the building code shall not be 33 utilized as a support structure. 34 B. An antenna may be mounted to a support structure such as a lattice tower, monopole and 35 similar freestanding structures, provided that: 36 1. The support structure shall be designed and placed on the site in a manner that uses 37 existing trees, mature vegetation, and existing structures to: 38 a. Screen as much of the total facility from prevalent views; 39 b. Provide background in a manner that the total facility blends to the maximum extent 40 feasible into the background with increased sight distances; and 41 c. Integrates the existing trees and mature vegetation to the maximum extent feasible 42 with concealment requirements. 43 2. The maximum height of the wireless communication facility, including the height of the 44 antenna, shall not exceed 35 feet above original or finished grade, whichever is lower. 45 3. The maximum height in MMC 17.90.070(B)(2) may be increased up to 80 feet without a 46 variance if: 47 a. The wireless communication facility is located in Fairweather Nature Preserve 48 consistent with MMC 17.90.060(A); and 49 b. The increase in height is the minimum necessary to avoid a significant gap in service 50 coverage on the SR 520 floating bridge; and 6of15 ITEM PH-1/ OB-1 1 C. The increase in height supports future co -location on the support structure pursuant 2 to MMC 17.90.110; and 3 d. All other applicable provisions of this chapter are followed. 4 4. Wireless communication facilities, except for security barriers, shall be set back a 5 distance of at least 500 feet from the property line of all residential properties. 6 5. Ancillary facilities may be located on- or off -site and shall be placed within the interior of 7 an existing nonresidential building or an equipment housing structure. This provision 8 shall not apply to conduit or cabling for power and/ or data. 9 6. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts 10 and provide appropriate screening. 11 12 13 17.90.080 Site requirements — City rights -of -way. 14 The following site requirements shall apply to wireless communication facilities that are located 15 pursuant to MMC 17.90.050(D). 16 A. Antennas shall be mounted to an existing utility support structure, except as provided in 17 MMC 17.90.080(E). 18 B. The maximum height of the wireless communication facility shall not exceed the height of 19 the existing utility support structure, except up to 15 additional feet of height may be 20 permitted above the existing utility support structure, without a variance, provided: 21 1. Either the increase in height is established by the applicant as the minimum necessary 22 to eliminate a significant gap in service coverage, or the increase in height is established 23 by the applicant as the minimum necessary to separate components of the wireless 24 communication facility from the electrical primary lines; and 25 2. Negative visual impacts on adjacent properties are minimized by incorporating 26 concealment and screening; and 27 3. The measurement for maximum height of the existing utility support structure shall not 28 include replacements pursuant to MMC 17.90.080(D). 29 4. The City may at its discretion require an engineering and technical review as part of a 30 process for approval of the height increase. The selection of a qualified person or party 31 to conduct the engineering and technical review shall be at the discretion of the City with 32 the cost of the engineering and technical review to be borne by the applicant. The 33 engineering and technical review shall address the following: 34 a. The accuracy and completeness of the submission; 35 b. The applicability of analysis techniques and methodologies; 36 c. The validity of conclusions reached; and 37 d. Any specific engineering or technical issues designated by the City. 38 C. The placement of wireless communication facilities on utility support structures in the City 39 rights -of -way shall be subject to the following requirements: 40 1. No minimum setback distance from property lines is required; 41 2. The applicant must demonstrate the selected location, support structure, and wireless 42 communication facilities will have the least intrusive impact on the high -quality residential 43 setting of the community as described in the Medina Comprehensive Plan after 44 considering technical, engineering, and other pertinent factors. 45 3. Utility support structures containing wireless communication facilities owned and/ or 46 operated by the same entity or person, or by entities or persons having common 47 ownership or control, shall be separated by a distance of at least 750 feet, or by a 48 distance where no additional wireless communication facilities are visible within the 49 view -shed of the subject pole, whichever distance is less. 50 a. Distance shall be measured in a straight line between the bases of the subject poles. 7of15 ITEM PH-1/ 013-1 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 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 or cabling 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. 8of15 ITEM PH-1/ OB-1 1 D. For purposes of MMC 17.90.080(A), an existing utility support structure shall include a utility 2 pole that replaces an existing utility pole provided: 3 1. The replacement is consistent with standard utility pole replacement practices for 4 maintenance or emergencies; or 5 2. The replacement is for the purpose of accommodating additional wireless 6 communication facilities provided the diameter width of the replacement is not more than 7 1.5 multiplied by the diameter of the base of the existing pole; or 8 3. The replacement is for the purpose of accommodating street improvements required by 9 the City; and 10 4. Except for MMC 17.90.080(D)(3), the replacement pole shall not be moved more than 10 11 feet from the location of the existing pole (measured from the pole center point of the 12 existing and new pole location). 13 E. When an existing utility support structure is unavailable due to utilities being located 14 underground, an alternative support structure may be approved by a non -administrative 15 special use permit provided: 16 1. Placement is consistent with the provisions set forth in MMC 17.90.080(C); 17 2. The height of the wireless communication facility does not exceed a height of 45 feet 18 above the existing grade, except within the Neighborhood Character Preservation 19 District (chapter 17.21 MMC) the maximum height shall be the lower of: 20 a. Thirty-five feet above the existing grade; or 21 b. The elevation at the highest point of the roof of the nearest single-family dwelling 22 located on the higher elevation side of the support structure. 23 3. The wireless communication facility is designed in accordance with the following: 24 a. The antenna and ancillary facilities are incorporated into the interior of the support 25 structure or concealed so as not to be visible from any City street or surrounding 26 neighborhood properties; and 27 b. The support structure is disguised to appear as a decorative or attractive 28 architectural or natural feature, such as a decorative street light, artwork, tree, bush, 29 or similar feature. 30 c. Concealment, consistent with MMC 17.90.100, is incorporated to minimize visual 32 impacts and provide appropriate screening. 33 17.90.090 Security barrier. 35 If a security barrier is installed that includes a fence, wall or similar freestanding structure, the 36 following shall apply: 37 A. The height of the structure shall not exceed 6 feet measured from the point of existing or 38 finished grade, whichever is lower at the exterior side of the structure to the highest point of 39 the structure. 40 B. A sight -obscuring vegetated landscaped barrier shall be installed and maintained to screen 41 the structure and facilities from adjoining properties and City rights -of -way. 42 1. Placement of landscape vegetation shall include areas outside of the barrier and shall 43 obscure the site within 12 months. 44 2. Landscaping and the design of the barrier shall be compatible with other nearby 45 landscaping, fencing and freestanding walls. 46 C. If a chain -linked fence is used, it shall be painted or coated with a non -reflective color. 47 D. The limitations set forth for walls and fences in MMC 17.76.030 shall apply. The limitation 48 for a chain -link fence shall not apply if the wireless communication facility is located in the 549 0 City rights -of -way. 51 52 9of15 ITEM PH-1/ 013-1 2 17.90.100 Concealment. 3 All wireless communication facilities must incorporate concealment techniques consistent with 4 this section that screen, hide, or disguise facilities in a manner that makes them visually 5 inconspicuous to the extent technically feasible to surrounding properties and City streets. 6 A. For building mounted installations the following concealment techniques must be applied: 7 1. Screening materials matching color, size, proportion, style, and quality with the exterior 8 design and architectural character of the structure and the surrounding visual 9 environment; 10 2. Antennas must be mounted inside of the building or behind screening whenever 11 possible; 12 3. Ancillary facilities, except conduits or cabling for power and/ or data, must be concealed 13 by locating the equipment inside an existing nonresidential building, or in an equipment 14 housing structure, meeting the requirements set forth in MMC 17.90.100(D); 15 4. Other techniques that prevent the facility from visually dominating the surrounding area. 16 B. For support structure mounted installations, such as a lattice tower, monopole and similar 17 freestanding structures, the following concealment techniques must be applied: 18 1. All components associated with the wireless communication facility mounted on the 19 exterior side of the structure shall be painted to match the predominant color of the 20 support structure; 21 2. The support structure shall be painted in a non -reflective color that matches the 22 predominate visual background and/ or adjacent architecture so as to visually blend in 23 with the surrounding development; 24 3. In certain conditions, such as locations that are readily visible from a large number of 25 residential properties or public spaces, the City may require additional concealment such 26 as disguising the support structure to appear as an attractive architectural or natural 27 feature; 28 4. Ancillary facilities, except for conduits or cabling for power and/ or data, must be 29 concealed by locating the equipment inside an existing nonresidential building, or in an 30 equipment housing structure, meeting the requirements set forth in MMC 17.90.100(D); 31 5. Other techniques that prevent the facility from visually dominating the surrounding area. 32 C. For utility support structure installations the following concealment techniques must be 33 applied: 34 1. Except for antennas mounted on top of a pole, all components associated with the 35 wireless communication facility mounted on the exterior of the pole shall be painted to 36 match the predominant color of the pole or utility attachments to the pole; 37 2. Antennas mounted on top of the pole may be painted to match the pole, or may be 38 painted to blend into the background; 39 3. Ancillary facilities, except conduits or cabling for power and/ or voice, video, or data lines 40 must be concealed by locating the equipment inside an existing nonresidential building, 41 or in an equipment housing structure, meeting the requirements set forth in MMC 42 17.90.100(D); and 43 4. Other techniques that prevent the facility from visually dominating the surrounding area. 44 D. Equipment housing structures shall employ the following concealment techniques: 45 1. Except as provided for in MMC 17.90.100(D)(2), equipment housing structures shall be 46 placed underground and subject to the following: 47 a. Up to 5 inches may be located above the finished or original grade, whichever is 48 lower; 49 b. All visible portions of the structure shall be screened from the view of neighboring 50 properties and public places by dense vegetation approved by the City; and 51 c. The location of the facility must not interfere with existing uses of public land 10 of 15 ITEM PH-1/ 013-1 1 2. Up to two small equipment housing structures containing ancillary facilities may be 2 mounted to the outside of a support structure provided: 3 a. It is not technically or economically feasible to locate ancillary facilities within the 4 interior of the support structure; 5 b. Each equipment housing structure shall not exceed 4.5 cubic feet in volume, nor 6 protrude more 18 inches as measured perpendicular from the tangent point or 7 surface where the equipment housing structure attaches to the support structure; 8 and 9 c. A minimum clearance of 10 feet is maintained between the bottom of the equipment 10 housing structure and the ground or sidewalk below. 112 3 17.90.110 Co -location. 14 A. An applicant shall, to the extent commercially reasonable, cooperate with owners of existing 15 wireless communication facilities in co -locating additional antennas on support structures. 16 B. Applicants shall demonstrate that they have made a good -faith effort to co -locate with other 17 support structures currently used for wireless communication facilities, and that no 18 commercially reasonable co -location opportunities that meet the requirements of this code 19 are available. 20 C. An applicant shall be considered to have demonstrated a good -faith effort when they can 21 demonstrate that: 22 1. No existing or approved (but not built) support structures are available within the service 23 area meeting the applicant's engineering requirements; 24 2. No existing support structures are available which provide or may be practically modified 25 to provide sufficient height to meet the applicant's engineering requirements; 26 3. No existing support structures are available which provide or may be practically modified 27 to provide sufficient structural strength to support the applicant's proposed antenna and 28 related equipment; and 29 4. The applicant's proposed antenna would cause electromagnetic interference with 30 existing antennas on the support structure, or the existing antennas would cause 31 electromagnetic interference with the applicant's antenna if it is located on the support 32 structure when properly maintained and operated according to applicable law and 33 manufacturer's guidelines. 34 5. Other limiting factors are present that render existing support structures unsuitable. 35 D. In the event a dispute arises as to whether an applicant has exercised good -faith in 36 determining co -location opportunities, the City may at its discretion require an engineering 37 and technical review, at the applicant's sole cost and expense, as part of a process for 38 approval of the height increase pursuant to MMC 17.90.080(B)(4). 39 E. Failure to comply with the co -location requirements of this section may result in the denial of 40 an application or revocation of an existing permit. 41 F. The City may require new support structures to be constructed so as to accommodate future 42 co -location; based on expected demand for support structures in the service area, provided 43 this requirement would not cause the application to be rejected by the City. 44 45 17.90.120 Non -administrative special use permit required. 47 A non -administrative special use permit is required for all wireless communication facilities 48 pursuant to the provisions in chapter 17.56 MMC. 49 A. An approved non -administrative special use permit shall become null, void and 50 nonrenewable if the wireless communication facility is not constructed within one year of the 51 date the decision on the non -administrative special use permit becomes final. 11 of 15 ITEM PH-1/ OB-1 1 B. The City manager or designee may grant a 6-month extension, if construction has 2 commenced before expiration of the one year deadline and an extension fee is paid 3 prescribed by the City's fee schedule. 4 C. The applicant shall maintain the facility to the standards that may be imposed by the non- 5 administrative special use permit. 6 D. In addition to the non -administrative special use permit, construction permits and 7 construction mitigation may also apply. 8 E. The requirement for a non -administrative special use permit shall not apply to routine 9 maintenance, repair and replacement of wireless communication facilities provided: 10 1. A non -administrative special use permit has previously been approved for the wireless 11 communication facility; and 12 2. The repair and maintenance work excludes changes in height or dimensions of 13 antennas, towers, or buildings; and 14 3. Any change of antennas has the same area or less than those removed and the 15 replacement antennas are compliant with the requirements of the non -administrative 16 special use permit and this code, including by way of example and not limitation, 17 requirements for concealment. 18 G. The placement of additional electronic equipment within an approved equipment housing 19 structure shall not require a non -administrative special use permit provided there is no 20 expansion of the equipment housing structure. 21 H. If a non -administrative special use permit is for the transfer of ownership or lease and 22 involves no physical changes to the appearance of the wireless communication facility, and 23 the transfer will not modify the conditions of approval prescribed by the non -administrative 24 special use permit, the City manager or designee may approve the non -administrative 25 special use permit as a ministerial decision without the requirement of new noticing. 26 277 17.90.130 Application submittal requirements. 28 29 In addition to the submittal requirements set forth in MMC 17.56.020, all applications for 30 wireless communication facilities shall include at least one original and four copies, unless 31 specified otherwise, of the following information. 32 A. A copy of the FCC license and any other applicable licenses applicable to the intended use 33 of the wireless communication facilities. 34 B. A complete description of the proposed facility, including preliminary or conceptual drawings 35 showing dimensions and other relevant information in which to evaluate the facility's 36 compliance with this chapter. All plans shall include the maximum build -out of the proposed 37 facility as anticipated by the applicant at the time of the application. 38 C. Maps showing the coverage area of the proposed facility and explanation of the need for 39 that facility. This includes documentation demonstrating a need for the facility pursuant to 40 MMC 17.90.140. 41 D. Area map showing the service area and the location of all sites currently operated by the 42 applicant and the carrier provider within the City and a one -mile radius from the City 43 boundaries. Information on each site's targeted area and capability of providing service 44 shall be included. 45 E. An evaluation of the view -shed including, but not limited to: 46 1. A diagram or map showing the view -shed from a site plan perspective; 47 2. Photo simulations with graphics showing the views and appearance of the components 48 of the wireless communication facility before and after installation; and 49 3. The views shall be shown from at least four points, which are mutually agreed upon by 50 the City manager or designee and the applicant, within the impacted vicinity. 51 G. A site and landscaping plan showing: 12 of 15 ITEM PH-1/ OB-1 1 1. The location of all existing and proposed wireless communication facilities on the site; 2 2. Existing structures, trees and other significant site features; 3 3. Information on the proposed vegetative planting; and 4 4. Information on the proposed concealment that will be employed. 5 H. Documentation demonstrating compliance with non -ionizing electromagnetic radiation 6 (NIER) emissions standards adopted by the Federal Communication Commission. 7 I. Documentation showing that the proposed facility will not cause interference with other 8 wireless communication facilities and telecommunication devices. 9 J. Signed statements indicating the following: 10 1. The applicant agrees to allow for the potential co -location of additional wireless 11 communication facilities by other providers on the applicant's structure or within the 12 same site location: 13 a. Provided all safety and structural requirements are met; and 14 b. Any future owners or operators will allow co -location. 15 c. If the applicant does not own the support facility, a consent agreement by the owner 16 is required granting access to other users for the same structure or facility. 17 2. The applicant agrees to remove the wireless communication facility within 90 days after 18 that site's use is discontinued 19 K. A lease agreement with the landholder, or franchise agreement if in a right-of-way, that: 20 1. Allows the landholder to enter into leases with other providers; and 21 2. Specifies that if the applicant fails to remove the facility upon 90 days of its discontinued 22 use, the responsibility for removal falls upon the landholder. 23 L. Application permit fee set forth in the fee schedule. 24 25 17.90.140 Requirement to demonstrate need for facility. 26 27 A. All applicants are required to demonstrate a need and submit satisfactory evidence that the 28 wireless communication facility is designed for and will provide personal wireless services 29 primarily for residents of Medina and/ or visitors within the City's jurisdiction. Wireless 30 communication facilities may be designed to provide personal wireless services for people 31 outside of the City limits provided that satisfactory evidence is provided that the facility is 32 needed to complete a regional network. 33 B. In demonstrating need for the facility; the applicant must provide satisfactory evidence that: 34 1. They are a carrier of personal wireless services, or the applicant has a binding 35 agreement with one or more carriers who provide personal wireless services; and 36 2. The types of facilities chosen are the least intrusive on the residential setting of the 37 community. 38 C. To demonstrate need, the applicant must provide information that documents the following: 39 1. The need for the carrier providing the personal wireless services to complete a network 40 of local or regional services; 41 2. The inability of the carrier providing the personal wireless services to provide personal 42 wireless services to Medina residents and/ or visitors using other facilities, either existing 43 or planned that are inside and outside of the City limits; 44 3. The inability of the carrier providing the personal wireless services to fulfill the need for 45 the facility with other sites available outside of the City limits; and 46 4. How the types and location chosen for the wireless communication facility needed in 47 completing a local or regional network for personal wireless services are the least 48 intrusive upon the surrounding area. 49 D. Documentation shall include propagation studies and maps that support the need for the 50 wireless communication facility. If capacity is included in demonstrating need, 51 documentation must include usage and forecasted or present blockage, call volume, drive- 13 of 15 ITEM PH-1/ OB-1 1 test data results including date of test, location of tests, signal strength results, and any 2 other technically pertinent information that supports a need for the wireless communication 4 facility. 55 17.90.150 Radio frequency standards. 7 A. The wireless communication facility shall comply with federal standards for radio frequency 8 emissions. As a condition of approving a non -administrative special use permit, the City 9 may require monitoring reports showing compliance. If after review of a report the City finds 10 that the facility does not meet federal standards, the City may revoke or modify the 11 conditions of the non -administrative special use permit. 12 B. The applicant shall be responsible to ensure that the wireless communication facility does 13 not interfere with the reception of area television or radio broadcasts. If evidence is found 14 that the wireless communication facility is interfering with such reception, upon receiving 15 written notice from the City, the applicant shall have 60 days to correct the problem, or the 16 City may revoke or modify the special use permit. 17 C. Revocation or modification of a special use permit shall require a hearing before the hearing 118 9 examiner. Revocation shall be processed pursuant to MMC 1.15.540. 20 17.90.160 Assignment of subleasing. 21 22 A. A special use permit for a wireless communication facility may not be transferred or 23 assigned to another owner or lessee unless until the assignee obtains a non -administrative 24 special use permit for the wireless communication facility. 25 B. No sublease shall be entered into by a provider until the sub -lessee has obtained a non- 26 administrative special use permit for its facility. 27 C. An assignee or sub -lessee seeking a permit shall submit all data required for an original 29 permit. 30 17.90.170 Maintenance required. 31 32 The applicant shall maintain the wireless communication facility consistent with the provisions of 33 this chapter and any conditions imposed by the non -administrative special use permit. Such 34 maintenance shall include, but is not limited to, maintenance of the paint, structural integrity and 35 landscaping. If the applicant fails to maintain the facility, the City may undertake the 36 maintenance at the expense of the applicant or may revoke the special use permit pursuant to 377 MMC 1.15.540 for noncompliance with the Medina Municipal Code. 39 17.90.180 Abandoned facilities. 40 41 A wireless communication facility that is unused for more than 90 consecutive days is hereby 42 declared abandoned. Abandoned facilities shall be removed no later than 90 days from the 43 date of abandonment. Failure to remove an abandoned facility is declared a public nuisance 45 and is subject to abatement actions and penalties set forth in chapters 1.15 and 8.04 MMC. 46 Section 2. Additional Action. The City Manager is directed to amend the City of 47 Medina 2009 Fee Schedule, adopted by City Council April 13, 2009, to change the fee for 48 49 Wireless Communication Facility Permit to read $5,000 plus consultant costs. 50 Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance 51 should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity 52 or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase 53 of this ordinance. 54 14 of 15 1 3 4 5 6 7 8 9 10 ITEM PH-1/ 013-1 Section 4. 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. Approved as to form: Bruce Disend, City Attorney 15 of 15 Mayor Bret Jordan Attest: Rachel Baker, City Clerk ITEM OB-2 Medina City Council Regular Meeting, Monday, September 13, 2010 SUBJECT/TITLE: 2011 Preliminary Budget CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other - Discussion STAFF REPORT BY: Donna Hanson BACKGROUND/SUMMARY: See budget message. Attachments: 2011 Preliminary Budget Message Historic revenue and expenditure graph for General Fund All fund budget summary Budget line item detail BUDGET/FISCAL IMPACT: NA STAFF RECOMMENDATION: CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: NA �y1 -2 ITEM OB CITY OF MEDINA September 13, 2010 To: Mayor and City Council From: Donna Hanson, City Manager Re: 2011 Preliminary Budget Message Historic View Historically the City of Medina has maintained prudent and sustainable budget practices whereby ongoing revenues met or exceeded ongoing expenses. In addition, fund balances could support three to six months of operating expenditures in case of an emergency. Attachment A is a general fund ten year history showing conservative growth and strong fund balances. This pattern lasted until 2009 when the economic down turn began to negatively impact the city's revenues. In late 2009, after reducing expenditures by almost $700,000 in operating and capital projects, City Council made a conscious decision to avoid raising taxes by spending down fund balances in hopes that the economy would begin to turn around. That has not happened and in fact, revenues for 2010 are lower than even conservative estimates. The forecast for the end of 2010 will reduce the fund balance in the general fund from over $2M to just over $1 M. Even with budget cuts, if this pattern were to continue in 2011, the ending fund balance would be reduced by another $800,000, well below the three month emergency operating fund balance. 2010 General Fund Assumptions Revenues: • Relatively flat economy with very slow recovery. • 1% property tax increase, including new construction plus banked capacity per King County assessor's office. Sales tax revenues based on actual receipts for the last 12 months taking into consideration a full 24 month history. • Building activity to be relatively flat, but permit fee revenues could increase if new fees based on updated actual costs of services are adopted for 2011. Expenditures: • No cost of living increases per bargaining unit contracts, however a few step increases for 2011 are included. • $41,000 for continuation of the permit software upgrade will be carried forward from 2010. • $8,363 (1 %) increase for Fire & Medical Aid Services in 2011. • Transfers $61,600 to Equipment Fund for Police equipment replacement. • Transfers $245,000 to Street Fund for operations. 0 (5.5%) reduction of operating expenses in the General Fund for 2011. ITEM OB-2 Potential Revisions based on Council Policy Direction City Council has reviewed revenues and expenditures in two different study sessions to determine whether or not further budget cuts can be made without reducing city services. At the September 7th Study Session, Council discussed options for balancing the 2011 budget as follows: 1) further budget cuts that would most likely reduce city services, 2) spend down fund balances further, 3) consider new revenue options, and 4) a combination of the first three options. 1. Budget cuts — Small line items cuts which would not result in service cuts were made in every department prior to Council first review. Overall budget cuts in operating expenditures from 2010 budget to 2011 are $312,118 or 5.5%. These line item cuts will not result in reduction of staff or services. The attached expenditure analysis sheet (attachment b) clearly identifies the percentages of the budget that are for salaries and benefits and the non -salary expenditures. Any deeper cuts would most likely result in reduction in staff and cuts in specific services, such as park and street maintenance or customer service at the front counter or permit processing. 2. Fund balances —Estimated general fund ending balance for 2010 is $1,222,510. This will be well below the historic levels for normal fluctuations and the three month emergency operating funds.` 3. New Revenues — In the 2008 budget message it was noted that the Medina's lack of a diverse tax base made it particularly vulnerable to fluctuation in development activity and real estate values in the long term. It was probably not anticipated that the long term would come so soon. This may be the time to reconsider the long standing business model and look at diversification. For the City of Medina, we have only our tax base, so a new look at other sources of revenue such as franchise fees and utility taxes is an option. • Utility tax ranges from 1 % = $78,000 to $473,000 based on similar number of households in Clyde Hill per 2010 budget, adopted by ordinance. • Franchise fees range from 5% = $49,600 negotiated in current Cable Franchise agreement but never implemented, to $231,000 for cable, solid waste water, and sewer. jt U C _cz cz W al N CO g N n g N In N N g N n 81 Mglo r v ma o N paicoN SMv Na PNvD fR M Ok EIi N r n co O rR] N i a>now T v N W 0 CN9M I�N N V• �}Iz v d9vl� vilf%qi� O Go N M O B O N T OMl�N (7 In t0 M � ai RF a N H^4 i4p'e&p 49 69 EA Q r O g M N M co Cl)Ito O tO N CO Ip b n r M N Yf a (Yj ffi i? H ER to V' n t0 r M ^ � M C+9 f4 Mh a (D rNtO M N �M M OD CMD Nto a N ER a��RII es ER Eypp V'a NAM CnD N CO ra co Lv T v N10 fo N a N fA H to Vi ER m M M O V' fafO O co V Cf Nn M0M V7 S nV' O r CO9 � cli to a N fR Vl N EA 69 co ago(M o fA N In CO OM �0�p MO OD N V• Cl) N ER 44 V* U) EA NOD OnM N V' M V• IC! CD CA Oi sF pVppp' IPIA� ppN V O WccccO v N -i cl N ff?fR 4&03,d9. N O a 0 N Ip_n Ofh V VN_ n N tn0 Q�p d' N CO 10 f� 10 M ' N N V` (9 r N f!i 01. 69 !A EJ! Efpf 10 Ono N O N LO n C N Lo t0 cm CL m rLn l v r1p cc rN r b9 4& &k ff ea CI U C of N co m U C O 'cc fC N V C 7 LL m to m C co C 0 C C O11 LL cm y cm .. r C O c c cy oCD O1> �CCD c 'O U = v W Micowow ¢ ri PROPERTY TAXES AND THE REAL ESTATE MARKET Everyday there is news about the "declining" and "troubled" Real Estate Market. So, I wasn't surprised recently when a taxpayer asked when he could expect his taxes to go down, since home values were obviously going down. The sad truth is, they probably won't. If market prices decline (and so far, that isn't apparent in all segments of the market), assessments may go down, but generally tax bills will not. Why? Real estate taxes are based on the spending of your local taxing bodies. If the spending of these taxing bodies doesn't go down, taxes won't go down. This fact Is the least transparent part of the property tax process and one that many elected officials either do not understand or do not want to admit. Instead, the truth that spending creates the tax bill. The tax rate is nothing more than a calculation that is made by the county and the schools do not control it. A larger assessment base will LOWER the Tax Rate. To understand why, we have to look again at the basic tax rate formula: BASIC TAX RATE FORMULA Tax Rate = Levy Assessed Value The Tax Rate Is nothing more than a calculation; the result of dividing the LEVY by the ASSESSED VALUE The Levy Is the amount of tax dollars that your taxing body requests The Assessed Value is the total of the assessments in the taxing district WHAT IF THE LEVY STAYS THE SAME BUT MY ASSESSMENT GOES D WN r• This is an EXAMPLE: If our taxing body requests $100,000 (which Is the LEVY) and total assessments for the area are 1,000,000, The tax rate is .0500. If your assessment is 10,000, then your tax will be 10,000 x .05 or $500. Now, getting back to the question "If property values go down, won't my taxes go downT Let's see...... Our taxing body is still requesting $100,000 (the Lam, but total assessments are 1,800,000 (down 10%) The tax rate is now .0556 If your assessment is 9,000 (down 10%) then your taxes will be 9,000 x .0556, STILL $500. Taxes didn't change even though assessments went down -because the LEVY didn't change. The LEVY DRIVES THE TAX BILL WHAT IF THE LEVY INCREASES BRIT My ASSESSMENT GOES rknWN7 �v. v■ ■r,�■ � a�VLa VVr�l7 This is an EXAMPLE: The LEVY is 110,000, 10% MORE, and assessments are 1,800,000, down 10%. The tax rate is now .0611 ($110,000 _ 1,800,000). If your assessment is 9,000 (downl0%), then your tax bill will be 9,000 x .0611 or $550. Up 10% like the LEVY, not down 10% like your assessment. THE LEVY DRIVES THE TAX BILL! 10 �-Itall A..• Generally, taxes do not go up because of increasing assessments and they will not go down with falling property values. On an individual basis, if the assessments in one area of the township go down and all the others go up, the declining area may see some relief in their taxes — the tax burden has been redistributed. And if one area of the market appreciates while most of the market is stagnant, the appreciating area may see taxes increase while the others stay the same -the tax burden has been redistributed. But, if all assessments decrease by a similar amount, say 10%, there will be absolutely no change in your tax bill - unless the levy changes. LEVIES go up because local government spending goes up and taxes go up because LEVIES go up — even when assessments go down. Assessments and tax rates do not create the tax burden and they do not change the tax burden; they only distribute the tax burden that is created by the levies. The services we want from our schools and local govemmental bodies are not free; we pay for them with our property taxes. When we see a downturn in the economy and housing market and find ourselves having to cut back In our own lives, we want our taxing bodies to do the same. It Is up to each of us, as voters and taxpayers, to question how much money is needed by our taxing bodies to operate, because....... cn r p m _n (D X CD t7 �m m 3 o (D 5 fD m c CD (D - :30 m = (Q O COc CD Cn CD SDCD CD CD (� :3 (n iU < rF o � (D (D OD l< O 'a cnCOD ; 0 CD 3 m CD c _ 69 69 69 69 60 69 <0 69 69 69 69 69 69 69 Efl 01 01 1 ND cn w al A (O Ca _CO A O QO -■ -• A A 1 1 OD O O CD co CVO CO O -P.- 1 rt O O O OD cn CO O O A O O G) O O O 10 O O O O O O O O O O O O O O O e O 69 1 m CcnJI W OD 69 j _1 O O 69 CA O O 69 O V N N 69 -• A Cl O 64 w (A V N CO <0 OD -i O O 64 "q CO CO CO CO 69 cn O O A cn fo N 1 W Cn 69 1 Cwn O O O 69 N cn A A 69 :1 (n O O 69 N W Ui O O 69 N CA Cl O O N O O A O O O N N Cn Cn -+ O O O O N CD W A O O A V O O O O O 0 0 0 0 0 0 0 o 0 0 0 0 0 0 -n 69 069 � N N CD N 69 � 69 69 <fl 64 <fl Z ON j 0 Cn V CO O c�71 FIO O Can A SZ coCn -h. � N 6� Cl)O ClV O T� O O -I CD N O O � n O O O N n o m m fy m v=i m ¢C-j =ci CD m l< n (n � 01 01 < o (D m c - = Cn (D c� -o D 0 c _ O= _((D S < � a � (o 9 = O c v o w O cn v � - 64 _� A m on o ct CD � rn cQ m � co �' oCD 69 w C) n (D _ CA = o = CD 69 - CD .5 <1 : Ul � O < �D v) cn <1 m O 0 n N C 0 -0 N 0 Hq " n 0 cn w ID w s n 0 n CD < cn X ^� 0- CD O a) (a M. M�N 1m OD . nO A CD 2 3:3m Fy 6 69<�D n o- O CD O(n O N X O CO C_ O -{ Q 5 3 3 (nm (D ° v o 0 n (n (D a m 690 �. m o 5'aD CD rn �' v (u G) a A 3 o cn - 03 3 0 CL <s Ln oCO m cn 3 m = � ca m `� _3 a v `s? cn m� CD 3 � -0 Z n c. rn w cr n SD z m m to CD 3 m @ c cn 0 =T 69 �± c D = q � 0 = m SD T� 3 (�� cn > U) _ = CD _ 0 _ OD cn JA CD V . - 9 g CD 90 �_ N Q m F)j- 69 90 K ((DD n3 c o m _0 (n cn cn o 9 D n 3 A 2011 Comparative Summary by Fund PRELIMINARY - DRAFT 2011 2011 2011 2008 2009 2010 2010 Praey $ DESCRIPTION Actual Actual Budget Forecast ism Change Change GENERAL FUND BEGINNING FUND BALANCE REVENUES OPERATING TRANSFERS -IN $ 2,839,677 5,556,448 - $ 3,163,000 4,365,285 _ $ 2,324,925 4,790,837 $ 2,324,925 4,312,015 $ 1,223,807 4,499,492 $ $ $ (1,101,118) (301,345) 47.36% -6.29% EXPENDITURES OPERATING TRANSFERS -OUT 4,533,125 700,000 4,593,360 610,000 5,074,859 546 762 4,866,371 546,762 5,002,903 306,600 71,956 240,162 1.42% 43.92% $ 3,163,000 $ 2,324,925 $ 1,494,141 $ 1,223,807 $ 403,796 $ (1,090,345) -72.97% ENDING FUND BALANCE EQUIPMENT FUND BEGINNING FUND BALANCE REVENUES $ 71,680 12,285 $ 5,748 $ 5,748 . $ 5,748 _ $ 9,411 $ $ 2,663 _ 46.33% _ OPERATING TRANSFERS -IN EXPENDITURES OPERATING TRANSFERS -OUT - 118,762 118,762 61600- $ 57,162 48.13% 78,217 - 118,762- 116,099 61`6W 57,162 48.13% ENDING FUND BALANCE $ 5,748 $ 5,748 $ 5,748 $ 8,411 $ 8,411 $ 2,663 46.33% STREET FUND BEGINNING FUND BALANCE REVENUES OPERATING TRANSFERS -IN EXPENDITURES OPERATING TRANSFERS -OUT $ 230,539 67,544 200,000 $ 79,639 139,285 280,000 $ 93,420 112,200 328,000 $ 93,420 87,000 328,000 $ 120,623 133,000 245,000 $ $ $ 27,203 20,800 83,000 29.12% 18.54% -25.30% 418,444 405,505 442,711 387,796 425,179 17,532 3.96% ENDING FUND BALANCE $ 79,639 $ 93,420 $ 90,908 $ 120,623 $ 73,444 $ (17,464) 19.21% RESERVE FUND BEGINNING FUND BALANCE $ 1,776,380 $ 2,276,380 $ 2,276,380 $ 2,276,380 $ 2,276,380 $ - REVENUES - - - $ OPERATING TRANSFERS -IN 500,000.00 $ EXPENDITURES - OPERATING TRANSFERS -OUT - 200.000 200,000 $ 2,276,380 $ 2,276,380 $ 2,276,380 $ 2,276,380 $ 2,076,380 $ (200,000) ENDING FUND BALANCE TREE FUND BEGINNING FUND BALANCE REVENUES OPERATING TRANSFERS -IN $ 83,322 39,678 - $ 16,932 9,700 _ $ 23,770 $ 23,770 707 _ $ 24,2299 11000' $ $ $ 529 1,000 2.23% - EXPENDITURES OPERATING TRANSFERS -OUT 106,068 2,862 15,000 178 15,000 100.00% ENDING FUND BALANCE $ 16,932 $ 23,770 $ 8,7770 $ 24,299 '$ 25,2" $ 16,529 188.47% PARK PROPERTY DEBT FUND BEGINNING FUND BALANCE $ - $ - $ $ $ $ REVENUES OPERATING TRANSFERS -IN EXPENDITURES OPERATING TRANSFERS -OUT _ ENDING FUND BALANCE $ - $ - $ $ - $, $ 0.00% CAPITAL PROJECTS FUND BEGINNING FUND BALANCE REVENUES OPERATING TRANSFERS -IN EXPENDITURES OPERATING TRANSFERS -OUT $ 1,327,938 414,736 - $ 1,483,060 494,903 330,000 $ 1,538,868 518,647 100,000 $ 1,538,868 515,317 100,000 $ 915,313 - 617,084 200.000 $ (623,555) 98,437 100,000 40.52% 18.98% 100.00% 259,615 769,095 1,753,583 1,238,871 1,655,385 98,198 5.60% ENDING FUND BALANCE $ 1,483,060 $ 1,538,868 $ 403,932 $ 915,313 $ 77,013 $ (326,919) -80.93% TOTAL ALL FUNDS BUDGET BEGINNING FUND BALANCE REVENUES OPERATING TRANSFERS -IN EXPENDITURES OPERATING TRANSFERS -OUT $ 6,329,536 6,090,691 7001000 $ 7,024,759 5,009,173 610,000 $ 6,263,111 5,421,684 546 762 $ 6,263,111 4,915,039 546,762 $ 4,SM 834 ` 5,2411,576 600 $ (1,694,277) (181,108) 40,162 -27.05% -3.34% -7.35% 5,395,469 700,000 5,770,822 610,000 7,404,915 546 762 6,609,316 546,762 7,145, 506 6W 259,849 40,162 3.51% 7.35% $ 7,024,758 $ 6,263,110 $ 4,279,880 $ 4,568,834 $ 2,664,344 $ (1,615,536) -37.75% ENDING FUND BALANCE 2011 Preliminary Budget DRAFT COPY 2008 2009 2010 2010 2011 Actual Actual Adopted Forecast Preliminary Budget Budget GENERAL FUND Beginning Fund Balance 2,839,677 3,163,000 2,324,925 2,324,925 1,223,807 REVENUE Property and Sales Tax 3,873,690 3,413,988 3,574,055 3,154,641 3,252,494 Licenses & Permits 682,583 258,136 402,050 351,003 547,267 Intergovernmental 405,528 352,945 386,172 481,210 371,761 Charges for Goods/Services 12,625 8,678 11,500 12,405 12,000 Fines & Forefeitures 115,334 112,635 130,000 130,000 130,000 Miscellaneous Revenue 207,420 62,403 119,060 24,756 21,200 Proceeds From Sales of Capital Assets 0 0 0 0 0 Pass Through Non -Revenues 259,269 156,499 168,000 158,000 154,770 TOTAL GENERAL FUND REVENUE $ 5,556,448 $ 4,365,284 $ 4,790,837 $ 4,312,015 $ 4,489,492 EXPENDITURES Legislative 21,061 17,445 46,500 46,500 24,500 Municipal Court 105,816 108,151 128,500 128,500 123,500 Executive 190,957 181,359 200,172 187,226 187,377 Finance 177,599 206,956 247,962 274,892 283,479 Legal 123,040 103,399 145,000 145,000 135,000 Central Services 420,197 444,238 452,153 438,590 446,227 Police 1,694,066 1,832,353 1,931,242 1,840,303 1,949,886 Fire & Medical 631,334 667,309 711,636 711,636 719,999 Emergency Preparedness 102,445 95,881 81,550 82,653 83,100 Development Services 735,953 528,476 732,802 654,123 694,133 Recreational -Lifeguards 29,938 22,946 29,700 29,306 30,800 Parks 300,718 384,846 367,641 327,641 324,901 Operating Transfers Out 700,000 610,000 546,762 546,762 306,600 TOTAL GENERAL FUND EXPENDITUR $ 5,233,125 $ 5,203,359 $ 5,621,621 $ 5,413,133 $ 5,309,503 Ending Fund Balance 3,163, 000 2,324,925 1,494,141 1,223,807 403,797 STREET FUND Beginning Fund Balance 230,539 79,639 93,419 93,419 120,623 REVENUE Nat'l Pollution Discharge Elim - 75,000 50,000 24,000 70,000 Motor Fuel Tax(Unrestricted) 67,544 64,285 62,200 63,000 63,000 Operating Transfers In 200,000 280,000 328,000 328,000 245,000 TOTAL STREET FUND REVENUE $ 267,544 $ 419,285 $ 440,200 $ 415,000 $ 378,000 EXPENDITURES $ 418,444 $ 405,505 $ 442,711 $ 387,796 $ 425,179 Ending Fund Balance 79,639 93,419 90,907 120,623 73,444 CAPITAL PROJECTS Beginning Fund Balance REVENUE REET Tax 1 & 2 Intergovernmental Operating Transfers In TOTAL CAPITAL REVENUE EXPENDITURES Ending Fund Balance 1,327,938 1,483,060 1,538,868 1,538,868 915,313 414,736 475,353 500,000 496,670 500,000 - 19,550 18,647 18,647 117,084 - 330,000 100,000 100,000 200,000 $ 414,736 $ 824,903 $ 618,647 $ 615,317 $ 817,084 $ 259,615 $ 769,095 $ 1,753,583 $ 1,238,871 $ 1,655,385 1,483,060 1,538,868 403,932 915,313 77,012 A R a � a gg QQ+4�� y*�5Q�y�gg �X 255f S �ElG eYi N NI �O M O O oil w w th N N^ i i i S 1� O� �O O m YO Ywf 1' w N S N N � N � �1_p � N' O N w . 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The new call for bids was advertised on August 12th and 19th. A pre -bid conference was held on August 16th and a two addendum were issued on August 26th. Bids were opened on September 2. Six bids were received. A copy of the Tabulation of Bids is attached. The tabulation does not include any alternates and the technology items were included in the bid specifications. The apparent low bid was submitted by Par -Tech Construction with a Base Bid amount of $1,635,000 plus tax. The Total Bid with tax is $ 1,787,055. Two references for recent construction projects that were provided by Par -Tech in their bid proposal were contacted by the Director of Public Works. The first reference (Paul Berry construction manager for Auburn Fire District 32) stated that his project was on time and is in the final landscape phase, that their circumstances required the construction of a temporary fire station on the same site, and that project management was needed due to an oversight of some of the project requirements by the contractor in the preparation of his bid. He rated the company as average to better than average. The second reference (Brad Liljequist, manager for City of Issaquah fire station) stated that his project is two months along and that the station design is very complex. The contractor has demonstrated experience in accomplishing the work and no issues relative to cost or time delays have occurred to date. The bids were discussed by the Council Facilities Committee, City Manager, and the Public Works Director and their recommendation is to award the project to Par -Tech. It was also the consensus of the group to consider using Construction Management Services as an Owner Representative to manage the project, coordinate between the contractor, the architect team, and city staff to accomplish the project so that conflicts and potential change orders can be avoided (see attached RFQ for Construction Management Services). Preliminary conversations with construction management firms indicate that a reasonable fee for this service can be expected to be on the order of 4% of the construction cost (approximately $ 65,400). ATTACHMENTS: BID TABULATION, RFQ BUDGET/FISCAL IMPACT: $ 1,787,055 from the Capital Projects Fund STAFF RECOMMENDATION: Award the Bid to Par -Tech Construction Inc. CITY MANAGER REVIEW: " l move to award the City Hall Addition and Renovation Project to Par - Tech Construction and authorize the City Manager to sign the contract PROPOSED COUNCIL agreement, and authorize the City Manager to enter into an agreement MOTION: for construction management services to manage the project." k 2 LU ( 0 16 ){E \ ) 2 a cod /\ .� ) - - :]/ ® - \({ ` & J } ) § \ 2 £ ! / \\\ \ \\ ! ±ffco / ±f �— § co co [ ) ) ` G§e 2 b/e .. ! `° a. \ \ /\\ `2 o CITY OF MEDINA Office of the City Manager PO Box 144, Medina, WA 98039 (425) 233- 6400 Subject: RFQ for City Hall Construction Management Services The City of Medina is requesting a statement of qualifications to provide construction management services for the City Hall Addition and Renovation Project located at 501 Evergreen Point Road. Bids were received for the project on September 2, 2010 and the anticipated date for award is September 13th. The apparent low bid was received from Par -Tech Construction for $ 1,635,000. The project duration is expected to be from October 2010 to July 2011. The selection of the most qualified service provider will be based on past experience managing successful public projects, responses to this RFQ, references, and by interview. Please provide references that demonstrate your expertise and management skills. Submit to Joe Willis, Director of Public Works at iwillis(a)-medina-wa.gov (425) 233-6439 by 10:00 AM September 9, 2010 Construction Management scope of services will include but not be limited to the following: • Perform due diligence of apparent low bidder and advise City staff prior to contract award • Serve as the Owners Representative, coordinating between the Contractor, the Design Architectural Team, and city management staff to accomplish the project within the allotted budget and time frame • Review the plans and specifications for potential conflicts and change order claims • Monitor the project from Notice of Award through project close out • Act as the City's prime contact for the Architect Team (Group Mackenzie) and the contractor, and review, evaluate, and process all invoices from the Architectural Team, testing agency, and others • Working with the Architectural Team to clarify project requirements to the Contractor, monitor compliance with the contract documents, and provide documentation of all directives and correspondence • Review disputes and conflicts and coordinate with City staff to resolve • Provide onsite construction management and observations, verify testing and special inspections are accomplished, and provide weekly reports • Establish regular weekly meetings with the Contractor and Architect to discuss schedule, work issues and progress, submittals, document discussions and provide meeting notes • Ensure all construction activities are coordinated in advance, monitor for compliance with the contract documents • Review and monitor the Contractor's project schedule • Review the project budget and track it in relation to the Contractor's progress versus the bid breakdown for the items of work, provide monthly reports • Log and track all submittals, RFI's, and change order requests for timely processing • Review, evaluate, and process all pay applications • Make monthly presentations to the City Council • Assist the City in obtaining furnishings for the new City Hall • Review as -built drawings monthly and ensure they are being updated • Participate in project punch list inspections, building system testing and commissioning, and final O & M document review • Assist with the project close out W ITEM OB-4 Medina City Council Regular Meeting, Monday, September 13, 2010 Subject/Title: Temporary City Hall Modular Office Lease CATEGORY: U Consent Li Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Other - Discussion Staff Report By: Joe Willis, Sr. BACKGROUND/SUMMARY: The City Council authorized the City Manager to sign a lease agreement for portable offices provided the lease costs do not exceed $ 50,000 on April 12, 2010. The temporary City Hall facilities will consist of two 24' x 60' mobile office double wide trailers, ADA accessible ramps, hold downs, skirting, delivery and setup. Each unit will have four offices (two at each end) and a large open area in the center with individual restrooms for male and female use. They are equipped with heating and air-conditioning units and are wired with computer and telephone outlets. The lease of the portable offices, their setup and temporary utility connections will be the responsibility of the City. St Thomas Church currently plans to assume responsibility for the portable offices at the time the City vacates them (upon completion of the renovated City Hall) to utilize them during the replacement of their Parish Hall. In the event St Thomas signs their own lease for the portable offices, removal of the units will be the responsibility of the Church. If not, the City will arrange and pay for their removal and restore the site. The present lowest quote received from Mobile Mini to furnish the two modular offices is: • Set up two office trailers $ 24,750.96 • Removal $ 11,252.96 • Monthly lease $ 1,720.80 The bid award for the City Hall renovation project is scheduled for September 131h. Site preparation work will begin thereafter and setup of the temporary offices is scheduled for the end of September (depending on weather conditions). The move from City Hall to the portable offices is tentatively scheduled for the first week in October. Completion of the City Hall renovation is anticipated to be July of 2011. Total estimated cost for the two modular offices for nine months, assuming St Thomas elects to use them, will be $ 40,238.16. Should the Church elect to not use the mobile offices following City vacation of the offices, an additional cost to the City of $ 11,252.96 will be required for removal of the offices. BUDGET/FISCAL IMPACT: $ 40,238.16 Authorize the City Manager to negotiate a lease agreement with STAFF RECOMMENDATION: Mobile Mini, Inc. and sign the agreement. CITY MANAGER REVIEW: "I move to authorize the City Manager to negotiate a lease PROPOSED COUNCIL MOTION: agreement with Mobile Mini, Inc. for two modular offices and following City Attorney review to sign the agreement." Mobile Mini Lease Agreement Terms & Conditions C 2009 Mobile Mini, Inc. v.0609 1. Lease. Customer hereby leases from Mobile Mini all units and equipment (including stairs) identified on the reverse hereof and substituted or added units (collectively, " nits"). Unless identified in writing as a sale, Customer shall not acquire any ownership interest in any Unit. The term of this lease ("Lease") commences upon the date of delivery of a Unit and continues until terminated as provided herein. Customer shall pay MMI for the initial rental period listed on the reverse hereof, as may be extended hereunder, the lease charges, sales and prorated personal property tax assessments or comparable amounts, delivery, pickup and fuel charges, Loss Limitation Waiver charge ("LLW"), charges for waiting time at Customer locations recorded by MMI's driver if delivery/pickup exceeds one hour on site, and other charges set forth is invoice delivered to Customer (collectively, "Charges"). Unless agreed to otherwise by MMI, all Charges are due in advance on a monthly (defined as every 28 days) basis (each "Period") without demand. Charges and terms of this Lease are subject to change upon notice to the Customer and shall be effective upon the earlier of payment by Customer of its next invoice or the next Charges due date. In the event that Customer provided or provides MMI with a purchase order or similar document in connection with the rental of Units, the terms of this Lease supersede any conflicting terms of any such document. Customer shall owe all Charges for each Period regardless of the number of days Units were on -rent in such Period and there will be no return of Charges in the event a Unit is returned prior to the end of a Period. Customer shall pay as liquidated damages (not a penalty) $25 (and any bank fees) for dishonored checks and $15 for unpaid Charges after each Charges' due date. If Customer has provided MMI with its credit card information, Customer authorizes MMI to charge such credit card for all Charges. Following each Period, this Lease shall renew automatically for additional Periods until Customer gives at least 10 working days notice not to renew the Lease. Customer shall pay in advance the deposit indicated to secure Customer's performance of this Lease. The deposit will be returned if Customer requests in writing within 30 days of Unit's return in undamaged condition or revert to MMI for its own account if not so requested. MMI may apply the deposit for damage and any other Charges and Customer will replace such deposit amounts if Units are still on rent. Any payments made by Customer to MMI above Charges owed each Period shall revert to MMI for its own account if not claimed by Customer in writing within 30 days of such payment. 2. Delivery, Use and Removal. By using Units Customer or its agent accepts the Units as free of defects, in good repair and working condition. Customer agrees to inspect the Unit prior to use and to notify MMI in writing of any defect. During rental (meaning from delivery by, or pickup from, MMI until removal by, or return to, MMI) of each Unit, Customer shall be solely responsible for all loss, theft and damages (except ordinary wear and tear) to the Unit, the contents of the Unit ("Contents") and Customer's premises or other property, for any cause whatsoever, including, without limitation, damages caused by leaking of any Unit, condensation, humidity, damages arising in connection with the delivery or removal of any Unit, theft, fire, vandalism, vermin, heat, cold, dust, water or damages caused by forces of nature. Customer shall not store dangerous, illegal, unsanitary, explosive, staining, malodorous or hazardous materials in any Unit, remove any Unit from the United States or alter any Unit in any way (including drilling holes, painting or affixing signs). Customer agrees not to store collectibles, heirlooms, jewelry, works of art or anything having sentimental value to Customer and waives any claim for emotional or sentimental attachment to the Contents. After a Unit is delivered and placed by MMI, Customer must contact MMI to relocate any Unit and Customer will pay MMI's then -current relocation rates. Customer may relocate Units only upon prior written consent of MMI. Customer shall pay MMI all Charges to clean, paint, repair, remove locks, restore to good working order, make immediately ready for re -lease any Unit and to remove, store, retain or dispose of Contents. Customer shall keep Units freely accessible at all times to inspection and removal by MMI. If a Unit is destroyed, damaged beyond repair, lost, stolen, not returned to or not repossessed by MMI, Customer shall pay MMI the replacement value of such Unit, plus applicable taxes. Customer shall use the Unit in compliance with applicable laws. Customer shall pay for all labor and materials required to maintain the Unit and for the following arising from Customer's use of the Unit: site work, tickets, fees, permits, fines, taxes, penalties, towing charges, impound fees and other charges imposed by third parties. Customer must call MMI to schedule Unit return or removal. MMI may assign a Confirmation Number to confirm the date of delivery or removal. Customer shall be responsible for Charges accruing after assignment of a Confirmation Number if Customer cannot provide the Confirmation Number to MMI. MMI will make every reasonable attempt to schedule delivery/removal of the Unit as requested by Customer, but in no event will MMI be held liable for any delays, costs, injury or damage as a result of distance, availability of equipment, conflict of schedules, equipment breakdown, Force Majeure (including weather, accidents or floods) or for any other reason beyond MMI's control, and rent will continue unless MMI agrees to an earlier rent termination in writing with a Confirmation Number. Customer is responsible to remove all locks and clean and empty the Unit prior to removal by or return to MMI. MMI may remove all locks, empty Unit and any Contents left in Units may become MMI property without payment. Customer shall pay additional removal charges (including for failed attempts) for changes in site condition, Unit relocation, or if MMI prevailing rates are higher than at the time of delivery. MMI's driver or agent may refuse a delivery and MMI can charge Customer if delivery/removal cannot be accomplished for any reason. If Unit is not returned and MMI cannot remove the Unit for any reason, Customer shall continue to pay rental Charges until the Unit is removed by MMI. 3. Warranty Disclaimer. Customer shall maintain the Unit in good condition. Customer is responsible to weekly inspect the Unit's interior and exterior to assure it is in good working condition. Customer shall keep each Unit free from all liens and grants MMI a contractual lien and security interest (as of the date any Charges are unpaid and due) on all Contents and proceeds thereof to secure payment of Charges. MMI MAKES NO WARRANTY OF ANY HIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN, CONDITION OR COMPLIANCE WITH LAW AND CUSTOMER AGREES IT HAS SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR CUSTOMER'S INTENDED USE. Customer leases the Units "as is." MMI shall not be liable for any damages, loss of profits, loss of or damage to property stored in or around the Units, loss of income, personal injury, death or other damages, direct or indirect, consequential or otherwise of Customer or its agents or invitees caused by or resulting directly or indirectly from any defect in the Units, delivery, removal or use of the Units or damage to property or goods caused by any omissions or negligence of MMI, its employees or agents. Customer shall indemnify, hold harmless, defend and reimburse MMI and its directors, officers, employees, and agents ("MMI Related Parties") from and against all losses, damages, death, claims, injuries, costs and attorney's fees, whether or not caused by any omissions or negligence of MMI Related Parties arising directly or indirectly from (i) the use, delivery, removal or condition of Units, (ii) the loss of, damage to or destruction of Units due to collision, forces of nature, fire or other casualty, (iii) damage to Contents or property caused during storage in, or loading/unloading or transport of Units, (iv) any levy, attachment or repossession of Units, (v) any fine, liens, tax, penalty, towing, impound or other charges arising from Customer's use of the Units or (vi) Customer's breach of this Lease. The Unit shall not be attached or affixed to real property. Customer acknowledges that the maximum value and weight of Contents of Units, as set forth on the reverse hereof, is the maximum value and weight of Contents it will store in the Units, and such maximum value shall be conclusive as to the maximum value of all Contents. Individual items shall be limited to $.60 per pound up to the Content maximum value. This maximum value is significant consideration in the establishment of price in this Lease. 4. Insurance and Loss Limitation Waiver ("LLW"). Customer will provide prior to delivery or upon request a Certificate of Insurance naming MMI as loss payee and additional insured with coverage during the Lease equal to the Unit loss value and/or replacement cost. The policy shall be acceptable to MMI in its discretion and provide for 30 days notice to MMI prior to cancellation or modification. Additionally, unless Customer maintains such policy, Customer accepts the LLW and shall pay its Charge. LLW Plan terms are published on www.mobilemini.com/LLW or can be obtained from MMI at (800) 456-1751 and are hereby incorporated by reference into this Lease and included herein. Customer acknowledges receipt of such terms and they are part of this Lease. Customer's payment of the LLW waives Customer's liability up to the replacement cost of Units (subject to $1,000 deductible per occurrence for all non -storage container Units) for loss or damage caused by theft, break-in or break-in attempt, fire, earthquake, flood, and windstorm (which includes hurricane and tomado) except for flood and windstorm damage to modular offices located within 150 miles of coastal waters. The LLW does not waive damage (a) for modular offices if Customer does not use tie downs as recommended by MMI; (b) for steps and ramps, Contents, or real property; (c) for liability due to death or personal injury nor for loss or damage involving Customer's negligence; (d) due to Customer's breach of this Lease or (e) from graffiti or Customer's failure to provide reasonable security for the Units or to limit additional loss or damage. Customer must notify MMI in writing with details within 24 hours of the Customer's knowledge of any LLW loss or damage event. Any Customer LLW claim due to theft, break-in or break-in attempt must be accompanied by a final police report documenting the validity of the claim. Customer nor its insurer shall have no claim (direct or by way of subrogation) against MMI or MMI Related Parties for any loss or damage to any Customer property resulting from any casualty. INSURANCE (INCLUDING FIRE AND OTHER DAMAGE) FOR UNIT CONTENTS IS THE RESPONSIBILITY OF CUSTOMER AND MMI DOES NOT PROVIDE ANY SUCH INSURANCE. Customer grants MMI full access to Unit location to inspect the Unit. 5. Miscellaneous. MMI may terminate this Lease at any time without notice for any reason whatsoever. Customer releases any claim that MMI has duties of a bailee. Each of the following constitute an "Event of Default:" (a) Customer's failure to perform any term of any Lease, (b) Customer has bankruptcy, reorganization or insolvency proceedings threatened or instituted, or (c) if MMI has a reasonable belief of an anticipatory default by the Customer. Upon an Event of Default MMI may, without legal process or notice, terminate this Lease, enter any premises where any Unit is located, repossess the Units, remove any locks on Customer's property or on Units, remove Contents without regard to their protection or pursue any other remedy available. Customer irrevocably grants MMI unrestricted access to its property and the Unit and permission to enter day or night, remove locks, disconnect attached utilities and repossess Units as provided herein. If a Unit is repossessed, MMI is approved in advance to remove Contents or exercise its lien and hold Contents and Customer shall have no claim against MMI for damaged Contents. If Customer does not pay all Charges due and remove all Contents from MMI premises, Customer grants MMI permission with or without notice to Customer to dispose of/sell Contents in accordance with applicable state law and apply net proceeds to unpaid Charges. Customer releases and agrees to fully indemnify MMI and MMI Related Parties from any and all claims for trespass, conversion or damages of any nature arising from repossession. Customer agrees to pay, as liquidated damages, interest at 18% per annum (or the highest legal rate) from the unpaid Charges' due date; plus MMI's collection/repossession/disposal fees, attorney's fees and any other cost incurred by reason of any Event of Default or the exercise of MMI's remedies. Repossession of a Unit shall not relieve Customer of its obligation to pay Charges owed hereunder. No remedy referred to is exclusive, and each shall be in addition to any remedy referred to herein or otherwise available to MMI. If MMI seeks to recover or repossess Units by means of "writ of replevin" or similar method, Customer waives any security or bond posting requirement prior to such process. Acceptance of partial payment shall not constitute a waiver of MMI's right to full payment. Any endorsements appearing on Customer's checks do not, because of such endorsement or otherwise, constitute payment in full. Customer shall not transfer or hypothecate the Unit, assign its duties hereunder or sublease the Unit. MMI may assign, pledge or transfer its rights hereunder without Customer's consent. Except as provided in Section 1, this Lease may only be amended in writing executed by the parties, shall be governed by the state laws where this Lease was executed by MMI ("Jurisdiction") and contains the entire understanding of the parties and supersedes all other agreements among the parties with respect to such subject matter. Any suit regarding this Agreement shall be brought in the Jurisdiction provided that MMI may bring suit against Customer in any county where the Unit or Customer is located. If any term hereof is unenforceable, such invalidity shall not affect the enforceability of the Lease or any other provision. This Lease may be executed in multiple counterparts including by fax or other electronic transmission, each of which shall be regarded as an original and constitute one instrument. Time is of the essence in the performance of each provision hereof, and this provision shall not be waived by MMI's acceptance of late or defective performance. MMI, Customer and any of Customer's agents, guests or invitees waive their respective right to trial by jury for any cause of action brought against MMI or MMI Related Parties. Both parties agree to exclusively abide by the access, lien and lien sale procedures herein and waive to the fullest extent possible any legal requirements for other access, lien, notice and/or sale procedures. www.mobilemini.com Branch Location: 21818 76th Drive SE Woodinville, WA 98072 Phone: 425.486.9895 Fax: 425.489.2717 Salesperson: Gary Jennings Email: gjennings@mobilemini.com Quotation Page 1 of 2 The Storage & OYIYce Solution Specialists Customer: Deliver To: Quotation: Rental Mobile Offices MEDINA CITY HALL MEDINA CITY HALL Number: 120015765 501 EVERGEEN POINT ROAD 501 EVERGEEN POINT ROAD Date: 06-01-2010 MEDINA, WA 98039 MEDINA, WA Expires: 04-22-2010 1 60' X 24' Modular office Personal Property Expense Double Wide 2 Mobile Office Stairs Delivery & Construction Set Mobile roof -cap, conjoin halves, carpet strip 22 tie -downs 168 skirting PU/Knockdown Construction Set Mobile Teardown of Doublewide, ready for transp 22 Tie -down removal 168 Skirting Removal Security Deposit Fuel Surcharge Delivery Mobile Office Fuel Surcharge Pick Up Mobile Offc Loss Limitation Waiver [Other Fees and Charges CA, CO, AR, MO] 720.00 per period Y 36.00 per period Y 0.00 per period Y 701.48 one time Y 2500.00 one time Y 1870.00 one time Y 2352.00 one time Y 701.48 one time Y 2500.00 one time Y 330.00 one time Y 840.00 one time Y 200.00 one time N 25.00 one time Y 25.00 one time Y 104.40 per period Y Total Rental Charges $860.40 Total One Time Charges $12044.96 Sales Tax $1207.02 Total Initial Charges $14112.38 Clarifications: This Quotation is based on the standard terms and conditions of the Mobile Mini Rental or Sale Agreement. Customer is responsible for all taxes, permits, fees, licenses, utiltiy connections, foundation engineering, and the preparation of a level, compact 2000psf soil bearing capacity and accessible site. Mobile Mini does not warrant that the equipment meets any local or state code not specifically listed. Customer must insure all Mobile Mini leased equipment. One period equals four weeks. When scheduling a PICK-UP, we require 10 business days notice. Rental charges apply for the earlier of 5 days after pick-up request or actual pick-up date. Branch Location: 21818 76th Drive SE Woodinville, WA 98072 Phone: 425.486.9895 Fax: 425.489.2717 Salesperson: Gary Jennings Email: gjennings@mobilemini.com Features • Private Offices • Entry Locksst and Deadbolt with Latchguard Plate • Interior Security Bars • Heating, Ventilation and Air Conditioning System • Exterior Phone/Data Access • Hydrau Ile Door Closures • Fluorescent Lighting • Mini Blinds • Carpet or Vinyl Flooring • Restrooms (see floorpians) • Exterior Lights at Doors • Recessed French Doors (Designer Series) • Wood Paneled Walls (Mobile Office) • Vinyl Wrap Walls (Designer Series & Double Wide) Quotation Page 2 of 2 10' or 12' x 44' MOBILE OFFICE gmulnu1 1 7 7 111p111il1t Ill�ni upf nr°tilt IIIJim, 11111 1•• AFIA hoc. The Storage & Office Specialiatel 1-800-950-6464 www.mobileminl.com ITEM OB-5 Medina City Council Regular Meeting, Monday, September 13, 2010 Temporary City Hall Facilities Agreement with St Thomas Church Subject/Title: and Site Improvements CATEGORY: Li consent Li Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Other - Discussion Staff Report By: Joe Willis, Sr. BACKGROUND/SUMMARY: At the March 22nd 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 12th 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 lease agreement. 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 84th Ave NE. The placement of the offices will be such that double lanes for traffic along the east side of the Church sanctuary is to 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. • 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 84th 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 lease agreement and indicated that they 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. Attachments: Lease A reement BUDGET/FISCAL IMPACT: Estimated $ 42,000 for site preparation Authorize the City Manager to sign the lease agreement with St Thomas Church and after St Thomas Church signs the STAFF RECOMMENDATION: agreement, authorize the Director of Public Works to proceed with the site improvement work. CITY MANAGER REVIEW: "I move to authorize the City Manager to sign a lease agreement PROPOSED COUNCIL MOTION: with St Thomas Church and following St Thomas Church signing of the agreement, authorize the Director of Public Works to proceed with the site improvement work." ITEM OB-5 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 ITEM OB-5 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 ITEM OB-5 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. 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 ITEM OB-5 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. ITEM OB-5 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. ITEM OB-5 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. R ITEM OB-5 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. VA ITEM OB-5 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 12th 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-5 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. I. 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 E ITEM OB-5 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 ITEM OB-5 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 ITEM OB-5 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, King 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. (Print Name) Residing at My appointment expires: 12 ITEM OB-5 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 Exhibit B Depiction of Premises [Attached] ITEM OB-5 14 �� if ��- �� ,c � I ! �.. 0 � �a� � � w w� �� �� � aii iq i"t ' r �r men � � _._, - _ , ��.; ITEM OB-6 Medina City Council Regular Meeting, Monday, September 13, 2010 Subject/Title: Application for Proposed Comprehensive Plan Amendment Relating to Streetscape Policies and Non -Motorized Transportation Plan CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other - Discussion Staff Report By: Robert J. Grumbach BACKGROUND/SUMMARY: At the August 9 council study session, the discussion on streetscape and street standards included whether a more formal streetscape design should be developed for arterial and collector streets within the City. Because the comprehensive plan promotes a status quo of the existing informal streetscape, it was recommended that the comprehensive plan be amended to support a policy direction of more formal streetscapes. Applications for comprehensive plan amendments are due by September 30t". During the study session, council members indicated a desire to review the proposal before submitting it for processing in 2011. The attached comprehensive plan amendment is based on council direction that the more formal streetscape should focus on arterials and collector streets. Additionally, safe walkways for schools were also incorporated. Please note that the document should be considered preliminary and is likely to undergo modification as a result of the comprehensive plan amendment process. Attachments: Amendment Proposal (text) Amendment of Non -motorized Transportation Plan BUDGET/FISCAL IMPACT: None STAFF RECOMMENDATION: Briefing item CITY MANAGER REVIEW: &*` PROPOSED COUNCIL MOTION: None Draft ITEM 013-6 3. COMMUNITY DESIGN ELEMENT INTRODUCTION King County countywide planning policies (CPP) direct jurisdictions to encourage growth that improves local neighborhoods and landscapes, and builds a strong sense of place. The quality of Medina's neighborhood development is distinct and enhanced by a combination of natural and built features, including: • proximity of the lake shore, • views, • narrow streets with extensive mature landscaping, and • large tracts of public and private open space which can be seen from residential lots and City streets. Trees and vegetation help reduce the impact of development, by providing significant aesthetic and environmental benefits. Trees and other forms of landscaping improve air quality, water quality, and soil stability. They provide limited wildlife habitat and reduce stress associated with urban life by providing visual and noise barriers between the City's streets and private property and between neighboring properties. They also have great aesthetic value and significant landscaping, including mature trees, is always associated with well -designed communities. It is important that citizens be sensitive to the impact that altering or placing trees may have on neighboring properties. Trees can disrupt existing and potential views and access to sun. Residents are urged to consult with the City and with their neighbors on both removal and replacement of trees and tree groupings. This will help to protect views and to prevent potential problems (e.g., removal of an important tree or planting a living fence). Clear cutting should not be permitted on a property prior to development. Medina Landscape Plan The Medina Landscape Plan lists landscaping alternatives to perpetuate the informal, natural appearance of Medina's street rights -of -way, public areas, and the adjacent portions of private property. The Landscape Plan provides the overall framework for the improvement goals and should be reviewed periodically and updated where appropriate. This plan should be used to create landscaping arrangements, which meet the following goals: • provide a diversity of plant species; • screen development from City streets and from neighboring properties; • respect the scale and nature of plantings in the immediate vicinity; • recognize restrictions imposed by overhead wires, sidewalks, and street intersections; • recognize "historical" view corridors; and • maintain the City's ((iafoFaia4)) scenic, natural appearance. The Medina Landscape Plan consists of three items: 1. A map diagramming the Landscape Plan for streets and neighborhoods (Figure 3). Comp Plan Amendment Application 2. A chart, "Key to Medina Landscape Plan," which relates the street and neighborhood designations to appropriate trees, shrubs, and groundcover (Figure 4). 3. A Preferred Landscaping Species List (separate document). That portion of the City' s highly visible street (formally designated as arterials) right-of-way not utilized for the paved roadway, driveways, and sidewalks is to be landscaped as specified in the Medina Landscape Plan, using species from the Preferred Landscaping Species List. This list has been developed to provide a selection of landscape alternatives applicable to the various City streets and neighborhoods, as indicated on the Landscape Plan. Property owners are encouraged to use the list when selecting landscaping for other areas of their properties. The City's design objective is to maintain the City's natural, low -density, and informal appearance. The City's arterial street rights -of -way should be heavily landscaped with predomi- nantly native trees and shrubs arranged in an informal manner. Fences should be screened with vegetation so they are not generally visible from the street. The historic landscaping along the perimeter of the golf course should be retained and/or replaced with suitable trees. In addition, special design and landscaping consideration should be given to the five entry points to the City. Standards recommended by the Parks Board should be considered. The five entry points are: • SR 520 off -ramp at 80 Avenue NE, • NE 20 Street at 84th Avenue NE, • NE 12th Street at 84th Avenue NE, • NE 1 Oth Street at Lake Washington Boulevard, and • Overlake Drive East at the City limits. Street Design and Treatment The design and treatment of Medina's streets is a major element in the City's appearance. The character and quality of the landscaping of these streets are extremely important in maintaining the City's natural, ((ice)) scenic character. Over -development of these streets could result in the significant loss of trees and other vegetation, compromise pedestrian safety and enjoyment, and add visual "clutter" to Medina's neighborhoods. Vehicular Surfaces and Parkin All collector streets should be maintained as narrow, two-lane roadways except for 84th Avenue NE (from NE 12th Street to the SR-520 bridge/interchange), which requires additional lanes for turning at intersections. Along collectors, parking is discouraged and the rights -of -way should not be improved for parking except in designated areas. Street rights -of -way in neighborhood areas and private lanes have historically been used to supplement on -site parking. Where practicable, these uses should be minimized and new construction and major remodeling should make provisions for the on -site parking of cars. All parking for recreational vehicles and boats should be screened from the public right-of-way, and parking in front yard setbacks should be minimized and screened. The number and width of driveways and private lanes accessing arterial streets should be minimized to reduce potential traffic conflicts and to retain the continuity of landscape. Comp Plan Amendment Application Draft Street Landscaping ITEM OB-6 Planting strips between a sidewalk and the street should be planted with trees and shrubs from the City's Preferred Landscaping Species List. Grass within street rights -of -way should be limited to those areas noted on the Medina Landscape Plan. Rocks and other barriers shall not be placed within the planting strip. In historical view corridors, view preservation should be maintained by the selection of appropriate species, and periodic trimming and limb removal of such species. Views which are framed by vegetation or interrupted periodically by trees located along property lines are preferable and more consistent with the City's character than views maintained by clear cutting or topping. If the desire is to preserve or augment views, limb removal and pruning should be employed rather than topping. Consideration should also be given to the removal of taller trees and replacement with shorter species (see Preferred Landscaping Species List) rather than repeated topping. A number of existing streets have drainage ditches adjacent to the roadway. As adjacent properties are developed, or redeveloped, and/or as street improvements are made, the City may require these drainage ways to be placed in pipes and filled, or otherwise improved, and landscaped to City standards. Any resulting area should be landscaped to screen properties from the street. Where natural drainage courses exist, provision should be made to preserve adjacent natural vegetation. The impact of SR-520 on adjacent public and residential properties should also be minimized by landscaping the highway corridor, including the Park & Ride lot, in a manner consistent with the Medina Landscape Plan. Additionally, such landscaping that may impair the visibility of pedestrians, cyclists, and/or vehicles should be discouraged. Public Spaces The City's large open spaces, Fairweather Nature Preserve, Medina Park, and the Overlake Golf & Country Club, are defining elements of Medina's community character. Medina Beach Park, the two schools, and St. Thomas Church and School also contribute to the City's neighborhood character. The distinctive landscaping along the perimeter of the golf course is an important visual feature long identified with Medina. In particular, the long stand of poplars along 80, Avenue NE has become a historic visual landmark and is the first thing one sees when entering the City. It is the intent of the City to maintain this landmark. As the existing poplars reach the end of their useful life they will need to be replaced with a species that is visually similar, since poplars are not on the Preferred Landscaping Species List. The City is working with the Country Club to secure a landscaping plan that maintains the integrity of this historic visual feature. Fairweather Nature Preserve and Medina Park both have a significant area that has been left in a natural state. Fairweather Nature Preserve has a dense stand of trees and understory, and Medina Park has a large wetland. Non-native landscaping has been minimized in both parks, with the exception of a landscaped portion of Medina Park at the comer of NE 12d' Street and 82nd Avenue NE. The natural areas of these parks should be left undisturbed. If some maintenance activity is required due to severe winds or other destructive forces, these areas should be restored with native species. Landscaping in other areas of these parks should be consistent with the overall natural setting found in the parks. Comp Plan Amendment Application 3 City Hall and Medina Beach Park are located on the site of the former ferry terminal that connected Medina with Seattle. Landscaping in the park has been primarily hedges along the parking area and north property line and maintenance of a number of shade trees. These grounds are used extensively by City residents during the summer months, so landscaping must leave much of the park open. A long-term landscaping and maintenance plan should be developed to maintain this historic site in a manner that is consistent with and enhances public use. GOALS CD-G 1 To retain Medina's distinctive and informal neighborhood development pattern. CD-G2 To maintain the ((mil)) scenic, natural appearance of the Medina's street rights -of - way and public areas. POLICIES CD-P1 The City shall maintain and implement the Street Design Standards and the Landscaping Plan, including landscaping of arterial street rights -of -way. CD-P2 The City should refine and update the Street Design Standards and Landscaping Plan as needed based on community input. CD-P3 The City's design objective is to maintain the City's natural, low -density, and ((imfe )) scenic appearance. Medina's highly visible streets as identified in the Landscaping Plan should be heavily landscaped with native trees and shrubs arranged in an informal manner. Fences should be screened with vegetation so they are not generally visible from the street. The historic landscaping along the perimeter of the golf course is an iconic part of Medina's character and should be retained and/or replaced in the future with an appropriate selection of trees. Equally as important with this perimeter area is maintaining view corridors into the golf course which contributes a sense of added open space in the heart of the community. CD-P4 Special design and landscaping consideration should be given to the entry points to the City. CD-P5 Residents are urged to consult with the City and with their neighbors on both removal and replacement of trees and tree groupings to help to protect views and to prevent potential problems (e.g., removal of an important tree or planting a living fence). CD-P6 Clear cutting should not be permitted on property prior to development. 5. TRANSPORTATION & CIRCULATION ELEMENT INTRODUCTION The Growth Management Act (GMA) requires jurisdictions to demonstrate the availability of transportation facilities needed to accommodate the growth in traffic over the next twenty years. King County countywide planning policies (CPP) direct jurisdictions to develop a balanced transportation system as well as coordinated financing strategies and a land use plan to implement regional mobility and reinforce the countywide vision. Since Medina is landlocked Comp Plan Amendment Application Draft ITEM 013-6 and expects minimal population growth in the foreseeable future, transportation issues are largely concerned with the maintenance and function of the existing street system and the impacts to this system from decisions made by larger land uses within as well as outside of the City. EXISTING CONDITIONS Medina's street pattern has developed as an extension of the original City plat, which was laid out as a basic grid. The exception to this pattern is the Medina Heights neighborhood, which has been subdivided such that the streets are more curvilinear and tend to follow the prevailing topography. Nearly all streets in Medina are two lanes with one lane in each direction, with one exception. Provisions for cyclists and pedestrians are made on some collector streets. Regionally oriented transportation facilities consist of a state highway (SR 520), a (WSDOT) maintenance facility and a Park & Ride lot. SR 520 passes through Medina and connects the eastside communities with Seattle via the Evergreen Point Floating Bridge. There is an east -bound off -ramp exiting SR 520 at the north end of 84th Avenue NE along with a west bound on -ramp. A small WSDOT facility left over from the former toll plaza is located within the SR 520 right-of-way adjacent to the north side of Bellevue Christian School. A Park & Ride lot is maintained next to the WSDOT facility, and is accessed from Evergreen Point Road. From this Park & Ride lot there is pedestrian access to two public transit stops located on either side of the SR 520 roadway. Issues relevant to transportation in Medina primarily concern road surface maintenance, storm drainage, and sidewalks. Traffic volumes are expected to remain relatively constant considering Medina is fully developed and no substantive population increases are expected. There are no current plans or needs for new road construction. Regional Transportation Facilities At present, the SR 520 corridor has significant adverse impacts on the surrounding residential uses and public facilities (e.g., Fairweather Nature Preserve and the Bellevue Christian Elementary School). These impacts include excessive noise, water and air pollution, and the unsightly appearance of the SR 520 corridor and the Park & Ride lot, which is unscreened. During periods of heavy rain, unfiltered drainage from the roadway produces an oil sheen on Fairweather Bay. In hearings before the City Council and Planning Commission, the public has frequently asked that efforts be made to reduce the many impacts of the SR 520 corridor on the adjacent single-family residential neighborhoods and public facilities. It is anticipated that the continued growth of the entire eastside will place increasing pressure on the SR 520 corridor. In 1998, WSDOT initiated the Trans -Lake Washington Study to find ways to improve mobility for people and goods on SR 520, while minimizing negative impacts to the environment and surrounding neighborhoods. ((AISDOT is eentifFaing to study two bu4ld )) Modifications or replacement to SR-520 could have very significant impacts on the adjacent residential and public uses within Medina, both during the construction process and after completion. Unless effectively mitigated, the construction activity and modifications to the corridor will increase air, noise and water pollution; increase light and glare; remove significant Comp Plan Amendment Application 5 vegetation; increase the separation of neighborhoods within the City; adversely impact the shoreline, sensitive areas and wildlife habitat; and reduce the City's recreation resources. Street Classification Streets in Medina are classified on a three -tiered hierarchy developed by the Federal Highway Administration. The hierarchy reflects their functional characteristics (See Figure #5). They are described below in descending order. Minor Arterial - Interconnects and augments the Urban Principal Arterial system providing service to trips of moderate length at a somewhat lower level of travel mobility than a Principal Arterial. Distributes travel to geographic areas smaller than those identified with the higher system(s). Contains facilities which place more emphasis on land access than the higher systems(s) and offer a lower level of traffic mobility. Such facilities may carry local bus routes and provide intra-community continuity, but ideally should not penetrate identifiable neighborhoods. Provides urban connections to rural collector roads. The spacing of Minor Arterial streets may vary from 1/8 to 1/2 mile in the central business district and 2 to 3 miles in the suburban fringes. The only street in this category is 84th Avenue NE between NE 12th Street and NE 28th Street. This street is utilized by Clyde Hill, Medina, and Bellevue residents to access SR 520 and as a route into downtown Bellevue. Collector - Provides both land access service and traffic circulation within residential neighborhoods, commercial and industrial areas. Differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the area to the ultimate destination. The Collector also collects traffic from local streets in residential neighborhoods and channels it into the arterial system. This category includes the following streets: • Evergreen Point Road between Overlake Drive West and 78th Place NE, • Overlake Drive between Evergreen Point Road and Lake Washington Boulevard. • NE 12th Street between Evergreen Point Road and Lake Washington Boulevard, • NE 24th Street between Evergreen Point Road and 84th Avenue NE, and • Lake Washington Boulevard between NE 12"' Street and the Medina city limit near 851 Lake Washington Boulevard. Local Access - The local street system comprises all facilities not on one of the higher systems. It serves primarily to provide direct access to abutting land and access to higher order systems. It offers the lowest level of mobility and usually contains no bus routes. Service to through traffic movement usually is deliberately discouraged. This category includes all those City of Medina streets that do not fall into the previous two categories. Level of Service Level of service (LOS) is generally defined as the ability of a roadway or intersection to carry the volume of traffic. LOS is typically measured using a six -tiered rating system that can be found in the Highway Capacity Manual. Its use provides a level of consistency between adjacent communities and the County. Comp Plan Amendment Application Draft ITEM 013-6 At one end of the scale is an LOS of 'A,' where motorists experience a high level of freedom of operation and there is seldom more than one vehicle waiting at an intersection. The low end of the scale is an LOS of 'F,' which represents a forced flow of traffic and indicates a failure of the roadway or intersection to accommodate traffic volumes. The LOS ratings between `A' and `F' represent increasing degrees of traffic volumes relative to roadway configuration and waiting times at intersections. LOS ratings of 'D' and above indicate that there is reserve capacity on a roadway or at an intersection. For purposes of this Plan, the City adopts an LOS rating of `C' for its arterials and an LOS rating of `D' for intersections. Adjacent cities employ criteria nearly identical to Medina's for LOS standards. Medina residents currently enjoy relatively little traffic on internal streets due to the City's location, configuration, and land use mix. There are no east -west streets that offer through -routes for regional traffic except for SR 520, but since there is direct connection off of SR 520 to the internal street grid there are no substantive impacts on neighborhood streets from motorists seeking alternative routes. The average weekday traffic volumes for the four most traveled streets in Medina are estimated based on the Institute of Traffic Engineers Trip Generation Tables since there are no traffic counts on record for internal City streets. They are as follows (Table 3): Table 3. Average Weekday Traffic Volumes. Average Weekday vehicles/da PM Peak Hour vehicles/hour Evergreen Pt Rd 2000 210 NE 24h St 3500 365 NE 12` St 1 2400 250 84 Ave NE1 6000 1 630 Major trip generators in Medina include the Overlake Golf & Country Club, Medina Elementary School, Bellevue Christian School, St. Thomas School, the Wells -Medina Nursery, and traffic related to personal services or special events for, and at, individual residences. Funerals, weddinfs, and church functions at the St. Thomas Church, located on the corner of NE 12th Street and 84' Avenue NE, affect the entire area within a radius of about three blocks. These occur during the regular work week and on weekends. Traffic associated with St. Thomas impacts the functioning of the adjacent intersection as motorists tend to queue up just past the intersection as they access the parking/pick-up area at St. Thomas Church and then make left turns out of this area to once again pass through the intersection. This contributes to congestion at this intersection during peak travel hours. Many parents transport their children to and from the Medina Elementary and Bellevue Christian Schools and use neighborhood streets for access. Residents of the neighborhood just south of Bellevue Christian School have expressed concern over the number of vehicles that are using neighborhood streets to access the school. Other than construction -related trips, Overlake Golf & Country Club accounts for the largest number of trips originating outside of the City. Traffic volumes fluctuate seasonally, between Comp Plan Amendment Application 7 weekdays and weekends, and with Club -sponsored special events. The entrance to the Country Club is at the end of NE 16`h Street off of Evergreen Point Road. It has been estimated that the Country Club accounts for 12% to 16% of the average daily traffic on Evergreen Point Road depending on the season. Because the City is fully developed, it is unlikely that there will be a substantial increase in traffic on internal city streets due to additional residential development. While the Country Club's membership is expected to increase by 10%, the absolute numbers of vehicles associated with this increase should not be significant. The traffic along 84`h Avenue NE between NE 121h Street and SR 520 is likely to increase during peak hours, special events, or bad weather due to increases in some regional traffic using this route as a connection between SR 520 and downtown Bellevue. This may cause increased delays at the intersections at NE 12`h Street, NE 20 Street, and Points Drive (SR 520 access). There have been several "mega -homes" built in Medina over the last 15 years. These have increased traffic during construction and upon completion. There has been a tendency for these homes to require increased personnel for the daily operations of the residences, and security requires numerous personnel to access the property. Parties, outdoor art displays, and other functions are regular occurrences. This creates temporary increases in traffic flow on Medina's neighborhood and arterial streets. Public Transit There are two METRO bus routes that provide direct service to City residents via 84` Avenue NE (routes 261 and 271). Figure 5 shows the location of the transit stops. The two routes operating on 84`h Avenue NE provide direct access to downtown Seattle, the University District, and downtown Bellevue. A 52-space METRO Park & Ride at the St. Thomas Episcopal Church (84`h Avenue NE and NE 12`h Street) serves both routes. Also, the Evergreen Point Station and Park & Ride adjacent to Evergreen Point Road and SR 520 provide direct access to over 20 bus routes, including four Sound Transit routes and one Snohomish County Community Transit Route. The Park & Ride, located on the south side of SR 520, includes parking for approximately 45 vehicles. Both the east -bound and west -bound stops are accessible from Evergreen Point Road by pedestrian pathways. METRO has developed level of service (LOS) guidelines for urban centers, manufacturing centers, activity areas, and residential areas using CPP definitions of urban centers and manufacturing/industrial centers. In general, the higher the density, the more demand for public transportation service. Medina falls under the categories ranging from low to high urban densities per METRO LOS standards. Standards for high to medium urban density areas (4,500 to 7,500 people/square mile) call for transit stops within one-half mile of all residences and service at no less than 30-minute intervals between 6 am and 11 pm. With transit service on 84`h Avenue NE and at Evergreen Point Station, all but the southwestern shoreline portions of Medina meet this standard. Standards for low to medium urban density areas call for 30-minute or better transit service from a Park & Ride facility within 5 miles of all residences. Medina meets this requirement. Comp Plan Amendment Application Draft ITEM 013-6 Pedestrians and Bicycles A pedestrian walkway system should be designed to provide residents with safe and convenient access to public facilities, services, and recreational amenities. This includes getting children safely to and from schools and parks and providing good pedestrian access to transit uses at the Evergreen Point Station and along the 84th Avenue NE/NE 12th Street/Lake Washington Boulevard corridor. Since Medina was platted with large lots and developed at a slow, incremental pace, most streets were constructed without curb, gutter or sidewalks. Although residents have embraced the informal, natural setting that these streets provide, a more formal setting of improvements on major streets are necessary to increase public safety for pedestrians. ((k)) Some City streets have been retrofitted with sidewalks and pathways as more homes have been built and school enrollments have increased. Sidewalks have been installed along portions of Evergreen Point Road, 77th Avenue NE, 79th Avenue NE, 81St Avenue NE, Overlake Drive West, NE IOth Street, NE 121h Street, NE 16th Street, NE 21 st Street, NE 24th Street, Lake Washington Boulevard, and 80 Avenue NE (see Figure 6). On all other streets, pedestrians must walk in the street or on the street shoulder. Medina, Clyde Hill, Hunts Point, and Yarrow Point have created a walking path, referred to as the Points Loop Trail. It utilizes the asphalt -paved path that is adjacent to the SR 520 roadway, and meanders through Medina and Clyde Hill (see Figure 6 for route through Medina). This trail has scenic and recreational attributes that, it is hoped, will be enhanced as time oes by. A key link in this route is the "Indian Trail" that occupies the unopened portions of 77' Avenue NE. Future efforts to enhance connectivity between the Points Loop Trail and other regional trails should be encouraged. Popular City cycling routes include Lake Washington Boulevard, 84th Avenue NE, Overlake Drives East and West, NE 12th Street, Evergreen Point Road, NE 24th Street, and the SR 520 pathway due to their regional connectivity and scenic qualities. Of these streets, only 84th Avenue NE features bike lanes. NE 24th Street features striped wide curb lanes that function somewhat as bicycle lanes, but are not officially designated as such since they are less than the standard bicycle lane width of 5 feet. Cyclists share the road with vehicles (and sometimes pedestrians) on Lake Washington Boulevard, Overlake Drives East and West, NE 121h Street, and Evergreen Point Road. Lake Washington Boulevard and portions of Evergreen Point Road contain relatively wide shoulders and little or no on -street parking, making these roads safer for cycling. Cyclists share the roadway with vehicles on all other streets. Most of these streets have minimal traffic and low travel speeds making them relatively safe for cyclists. Nearbv Air Facilities Nearby Seattle -Tacoma International Airport provides air transportation for Medina residents. Puget Sound Air Ouality Attainment Zone The City of Medina is located within the Puget Sound Air Quality Attainment Zone specified in the Washington State Clean Air Conformity Act. This Act is intended to implement the goals and Comp Plan Amendment Application 9 requirements of the Federal Clean Air Act Amendments. Medina is committed to participating in the regional efforts to attain reduction in the criteria pollutants specified in the Act. TRANSPORTATION AND CIRCULATION PLAN Consistent with the Growth Management Act (GMA) and King County countywide planning policies (CPP), Medina's transportation plan strives for a balanced transportation system coordinated with the land use plan. Since Medina is landlocked and expects minimal population growth in the foreseeable future, the transportation plan largely concerns maintenance and function of the existing street system. The ((suffefft)) Six -Year Capital Improvement Plan (see Appendix B) includes the Transportation Improvement Plan and identifies a list of projects the City will undertake to improve selected roadways. The improvements involve a combination of surface improvements, sidewalks, and storm drainage improvements. Subsequent improvements to Medina's streets should continue to focus on maintenance, storm drainage improvements (see Figure 6), and pedestrian improvements (see Non -Motorized Facilities below and Figure 6 for proposed improvements). All proposed improvements should incorporate recommendations in the City's Landscape Plan and the Community Design Inventory. Regional Facilities The City should continue discussions and coordination involving the Trans -Lake Washington Study. The objective of the City is to preserve property values; to mitigate, to the extent feasible, the adverse impacts that currently exist; and to prevent further degradation of the environment. Mitigation measures should include a combination of methods, including, but not limited to, sound barriers, landscaping, landscape screening, and landscaped lids. Improved access to transit and pedestrian facilities within the corridor should be provided. Access to the facilities should be improved for citizens of Medina and the Points Communities. Bicycle and pedestrian pathways should be constructed within the margins of the right-of-way and should connect with the City and regional bicycle and pedestrian trail system. The overall efficiency of the SR 520 corridor should be increased by emphasizing its use for public transportation and by providing incentives for multiple occupancy in private vehicles. Public Transit The continuation of public transportation by METRO is essential to a balanced circulation system for the City. The Evergreen Point Park & Ride is an important transit resource and should be maintained and enhanced, when possible. The City will continue to encourage transit use by prioritizing those improvements that enhance multimodal access to transit facilities. The bus routes should continue to utilize arterial streets. The location of transit stops should be periodically reviewed by the City Engineer and Planner to assure consistency with street design standards. Non -Motorized Facilities The Growth Management Act has specific requirements to identify and designate planned improvements for pedestrian bicycle facilities and corridors that address and encourage enhanced community access and promote health lifestyles The City non -motorized transportation plan lays out existing and future planned routes for the safe movement of pedestrians and bicycles Comp Plan Amendment Application Draft ITEM 013-6 The City's Six Year Transportation Improvement Program prescribes the City's priorities for new pedestrian and bicycle facilities Where sidewalks or trails are installed, they should be designed and landscaped in accordance with the Landscape Plan, and public input. Signage for the Points Loop Trail will be maintained and, where appropriate, enhanced to educate the public and encourage use of the trail. GOALS T-GI To maintain existing roadway surfaces. T-G2 To enhance safe pedestrian and bicycle access throughout the City. T-G3 To minimize transportation -related impacts of public facilities and uses on adjacent residential uses. T-G4 To minimize impacts of regional transportation facilities on adjacent residential uses and the City as a whole. T-G5 To maintain and enhance access to public transportation. T-G6 To maintain and enhance the ((infemial)) scenic, landscaped character of the City's public streets. T-G7 To maintain and/or improve local and regional air quality. Comp Plan Amendment Application 11 POLICIES T-P 1 The City should provide street repairs as necessary to maintain safe driving and biking surfaces. T.P1.5 The City should create roadway design standards that provide a higher level of consistency to the development community and increase the safety and function of the roadway for all users and modes. T-P2 The City should prioritize pedestrian and bicycle improvements that provide safe and convenient network of connected non -motorized pedes44 access throughout the City, including access to and from schools, parks, transit, and community facilities. T-P2.5 Pedestrian and non -motorized improvements should be designed ((^„a prioritized)) to improve pedestrian and non -motorized safety. T-P3 The City shall ((seek- tor-ev )) promote the installment of pedestrian improvements in conjunction with stormwater drainage improvements in the City's streets ((; ghee desirable)). T-P4 VyheFi n, lks, tfails-OFPathways--ae- installed, --they shall -tee designed and landseape in aeeerdaeee-with the La-ndseape-Pl��dpublie iflpH4 ill order- to maintain the GiVy's natufaland ififefmal ehafaete . Sidewalks, trails or pathways should be required with new development or redevelopment consistent with the non - motorized transportation plan and should incorporate landscuing that maintains the City's natural and scenic character. T-P5 The City shall seek to maintain and enhance the Points Loop Trail within the City. T-P6 The City shall implement transportation improvements as needed to maintain adopted levels of service for local streets through the implementation of a Six -Year Transportation Improvement Plan. The Transportation Improvement Plan shall be periodically updated to reflect the current needs of the community. T-P7 The City shall encourage the development of a bicycle/pedestrian path in conjunction with the improvement/ expansion of SR 520 and the Evergreen Point Bridge to connect to and enhance key non -motorized routes. T-P8 The City shall work with WSDOT, city residents and other groups, stakeholders and agencies to develop mitigation measures that may be implemented as part of any SR 520 improvement/expansion project. The City shall seek an overall_ reduction of impacts, including measures such as: • Noise reduction measures, • Landscaped lids and open space, • Landscaped buffers, • Protection of Fairweather Nature Park, • Enhanced motorized and non -motorized local connectivity, • Water and air quality improvements, and • Overall environmental protection. Comp Plan Amendment Application Draft ITEM OB-6 T-P9 The City shall continue to be involved in regional transportation discussions and coordination such as the SR 520 Bridge Replacement and HOV Project. T-P 10 The overall efficiency of the SR 520 corridor should be increased by emphasizing its use for public transportation and by providing incentives for multiple occupancy in private vehicles and, at a minimum, retaining the current number of transit stops. T-P11 The City shall seek to maintain and enhance access to the Park & Ride lot. T-P 12 The City shall continue to work with state, regional, and local agencies and jurisdictions to address those transportation issues affecting air quality attainment. T-P13 The City shall promote public education efforts aimed at reducing transportation related activities that increase air pollution. T-P 14 The City shall consider the air quality implications of new growth and development when making comprehensive plan and regulatory changes. When planning highway, street, and utility line extensions or revisions, the City should consider current state and federal air quality standards and possible increases in emissions as a result of such extensions or revisions. T-P15 The City adopts the FHWA system of street classification. Comp Plan Amendment Application 13 sveryreink po pfZAP7 (aka crc � Docrk a Shi CITY OF MEDINA Non -Motorized Transportation Plan LEGEND �..� Off -Street Pathway* Existing Pathway* — -- Planned Pathway* ••"""• Potential Pathway* Bicycle Lane Proposed Bicycle Lane Points Loop Trail Parks and Open Space Schools Public or Commercial Use Transit Station * "Pathways" may include concrete sidewalks, asphalt sidewalks or, walkways, or gravel walkways, or other walkways == E xt 5T1 w 6- Vt t1t1^Lk' FvTvRE SV0VLQA -r FIGURE 6: NON -MOTORIZED TRANSPORTATION PLAN ITEM OB-7 Medina City Council Regular Meeting, Monday, September 13, 2010 Subject/Title: Proposed Adoption of Arterial Street Design Standards CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other - Discussion Staff Report By: Joe Willis & Robert Grumbach BACKGROUND/SUMMARY: At the August 9th council meeting, the issue of adopting street design standards was discussed. The topic was raised in part due to the SR 520 project where improvements associated with the construction of the freeway and associated lids will spill over into City streets. The adoption of street design standards should not be confused with the issue of amending Chapter 12.08.030 MMC which deals with the state standard specifications that detail methods and materials for construction. For the SR 520 Project, WSDOT and their Design/Build Contractor will follow state 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 street standards. During the council study session on September 7th, the City Engineer provide examples of an arterial street standard for Council consideration which WSDOT will be required to follow within City rights -of - way that will be impacted by the SDR 520 construction rather than defaulting to the WSDOT design manual and simply matching into the present right-of-way palette. The attached City of Bellevue Transportation Department Design Manual (Bellevue Design ManuaQ inserts provide a beginning point for consideration of the design standards for arterial streets. With the goal in mind that initial adoption of arterial street standards will need some modification by the City Engineer to maintain and enhance the informal landscaped character of the City's public streets, as opposed to the urban character of downtown Bellevue, it is recommended that the Council forward the issue to the Planning Commission for public comment and make a recommendation to the council to adopt the Bellevue Design Manual and authorize the City Engineer to make modifications to the Manual that will fall more in line with the City's Comprehensive Plan goals and policies. Additionally, the Council discussed having the Planning Commission review the City's streetscape policies, which are found in the Medina Comprehensive Plan. A work program for streetscape policies and standards was provided to the Council that included a review of the current goals and policies and the non -motorized transportation plan so that more community involvement and thought can be applied to the street standards before it is applied to all City streets. That program if acceptable will begin this fall and extend into 2012. Attachments: Draft Ordinance Attachment A - City of Bellevue Design Manual Inserts Proposed Streetscape Policies Work Program ITEM OB-7 BUDGET/FISCAL IMPACT: None STAFF RECOMMENDATION: Forward the proposed adoption of the Bellevue Transportation Design Manual to the Planning Commission for their consideration and recommendations CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: "I move to forward the proposed adoption of the City of Bellevue Transportation Department Design Manual with authorization for the City Engineer to administratively modify the Design Manual as the interim City of Medina Arterial Street Standards until amendments to the Medina Comprehensive Plan are accomplished and adopted relating to streetscape and street standards to the Planning Commission for consideration with instruction to provide recommendations for council consideration on October 11, 2010." DRAFT ITEM OB-7 1 Ordinance No. 2 3 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, 4 AMENDING SECTION 12.08.030 OF THE MEDINA MUNICIPAL CODE TO 5 ALLOW THE CITY ENGINEER TO DEVELOP AND APPROVE SUPPLEMENTAL 6 ENGINEERING STANDARDS FOR STREETS 7 8 WHEREAS, the City of Medina is classified as a non -charter code City under title 9 35A RCW; and 10 11 WHEREAS, RCW 35A.47.020 sets forth regulations for code cities for the 12 acquisition, construction, maintenance, use and vacation of city streets, sidewalks and in 13 the design standards thereto; and 14 15 WHEREAS, the City Council wishes to promote uniform and standardized street 16 construction with the city; and 17 18 WHEREAS, the Medina Comprehensive Plan sets forth the goal of maintaining 19 existing roadway surfaces; and 20 21 WHEREAS, Policy T-P2.5 of the Medina Comprehensive Plan states that pedestrian 22 and non -motorized improvements should be designed and prioritized to improve pedestrian 23 and non -motorized safety; 24 25 WHEREAS, ...the requirements of the State Environmental Policy Act pursuant to 26 WAC 197-11-340(1). 27 28 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, 29 DO ORDAIN AS FOLLOWS 30 31 Section 1. A new Section 12.08.035 of the Medina Municipal Code is hereby 32 adopted to read as follows: 33 34 12.08.035 Interim street design standards. 35 36 A. The engineering street standard details set forth in "Attachment X of Ordinance No. 37 are adopted as the interim Medina street design standards. 38 B. The City Engineer may ministerial approve deviations in writing from the engineering 39 standards provided: 40 1. The deviation is necessary due to geotechnical, topographical, or other physical 41 constraints; 42 2. The public safety and welfare will not be adversely impacted by the deviation; and 43 3. The deviation will not detract from the intent and purpose of this chapter or the 44 engineering standards. 45 C. The City Engineer may ministerial adopt and incorporate into the Medina street design 46 standards, by reference, other federal, state and local design standards and Draft Ordinance No. 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ITEM OB-7 specifications and other professionally accepted engineering standards and specifications. Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be If 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 3. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2010 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2010. Approved as to form: Bruce Disend, City Attorney Draft Ordinance No. 2of2 Mayor Attest: Rachel Baker, City Clerk E47 O - Z V) z jj w 0 C-) 0 z r I L I N X in U) w 0: a LLJ EL, m Ld IM LLJ 0 ;z T J It I 0 L/) z Ld — (o LLJ N V) z bi m LLI V)EL ui UJ ui 0 M Z < M NJ O I.- (n UJ OW fr CN _j < Z y V) OF C-) Ln M: ui (n UJ < a- (1) z y w z < LLJ m C) 5E V) LJ tof5 w z F- En V) F- z < < z -J LU X 0 (-4J— I —C LLJ V) L) J < X: V) 0 LLJ V) Ld (n LLJ z j m uj 0 a. 0 U) U) D < w ui (n bi < X to0- >- Li ui < 0 Li MI- 0 < 0- x 5 _j or < < (r < ::) V) z En z < ui z 2 F- ce < 0 z 0 M: C14 - 0 LLI CL cl, < C) F- C'4 0 (f) 0 -i Ui (n 0 (n V) 4 F X 0 af woo 1: CL CL < < 0 Z 0 W - Zx W m 0 M< z < of U- z Ld -J w �) < L, V) Q 2 > (n mJZ ui 0 J 1-- LJ Or w V) 0 < ui w V) zaa < z Go Cn Z ox z (n C, LLJ UJ C) w Lli F- z LLJ F- W Z V) < a 0 z (n 0 w 0 UJ _j M LLJ �-D 5 x < w 0 LLJ 0 0 ui Q < V) < 0 W 3: F 0 F-- Z z < ui Li LLJ CL z < Z3 0 z LLJ 0 a_ X LLJ Ji z U- OM 0 4-0) z -i UJI CIL V) z (n UJ 2� 0 Z) LAJ Z) 2 z M 0 LIJ 1 F- 0 0 LL 0 :3 LLI Mw< 0 z Lj CY U) La < LLJ L, M LLI 0- LLI z > >1 LLJ W 01� IM 0 Fr o 0 Z 0 0 z w CILV) LO L) (n IM lc� P6 4 Lri Ocn E 0 xx ITEM OB-7 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.gov 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 revievvin policies and standards associated with the City's streetscape. Item TIcs 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 eptetpber 20I . . Plan - Includes new pokes andjr 41sionitojhe Non - July 2011 motorized Transportation Plan - Plari0ing Commissionbearing/ recommendation Council action on 201,0-11 Docket Adoption of Nommotorized • Of irienco adoptrng.Non-motorized Transportation Transportation Plan Plan into Medina Municipal Code Fall 2011 - Implementation regulations New Street Standards « City Engiiieer:administratively updates street standards based on new policies Spring/ Summer 2012 • Up`ate regulations for street trees Medina City Council Regular Meeting, Monday, September 13, 2010 An ordinance relating to construction mitigation measures in the Subject/Title: City's rights of way and the City Engineer's authority to modify standard specifications for roads and bridge construction CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other - Discussion Staff Report By: Robert J. Grumbach BACKGROUND/SUMMARY: At the August 9 council study session, the issue of streetscape and street standards was discussed. This topic was raised in part due to the SR 520 project improvements and the spill over to City streets. The attached ordinance is the first step towards a more comprehensive review of the City's streetscape regulations. The proposed ordinance would clarify the City Engineer's authority to modify the methods and materials specification adopted under MMC 12.08.030 to fit City conditions. Additionally, a new tool is added authorizing the City Engineer to require construction mitigation measures when any project impacts City streets. Essentially, it extends the City's authority found in chapter 15.20 (Mitigation Plans for Major Construction Activity) to projects that do not require a building permit, but impact City streets. Mitigation measures would be applied as conditions of approving right-of-way permits. Attachment: Ordinance BUDGET/FISCAL IMPACT: None STAFF RECOMMENDATION: Approve CITY MANAGER REVIEW: M PROPOSED COUNCIL MOTION: Move to adopt an ordinance of the City of Medina relating to construction mitigation measures in the City's rights of way and the City Engineer's authority to modify standard specifications for roads and bridge construction 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 ITEM OB-8 Ordinance No. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, ADOPTING A NEW SECTION 12.08.005 OF THE MEDINA MUNICIPAL CODE RELATING TO CONSTRUCTION MITIGATION MEASURES IN CITY RIGHTS -OF -WAY; AND TO AMEND MMC 12.08.030 TO CLARIFY THE CITY ENGINEER'S AUTHORITY TO MODIFY STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION WHEREAS, the City of Medina is classified as a non -charter code City under title 35A RCW; and WHEREAS, RCW 35A.47.020 sets forth regulations for code cities for the acquisition, construction, maintenance, use and vacation of city streets, sidewalks and in the design standards thereto; and WHEREAS, the City Council adopted the Washington State Department of Transportation Standard Specifications for Road and Bridge Construction, 1980 Edition, and amendments thereto, by Ordinance 383 on December 20, 1982; and WHEREAS, the City Council wishes to provide clarity to the original ordinance by authorizing the City Engineer to develop and approve supplemental street use and construction standards; and WHEREAS, the City Council adopted regulations relating to the mitigation for major construction activities requiring a building permit and wishes to extend these measures to projects within in the City's rights -of -way that do not require a building permit; and WHEREAS, the adoption of an ordinance pertaining to administrative procedures relates solely to governmental procedures and contains no substantive standards respecting use or modification of the environment and is therefore exempt from the requirements of the State Environmental Policy Act pursuant to WAC 197-11-800(19). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. A new Section 12.08.005 of the Medina Municipal Code is hereby adopted to read as follows: 12.08.005 General provisions. A. All uses and activities associated with construction and excavation within the rights -of -way shall comply with the requirements prescribed by the Medina Municipal Code, as well as other requirements promulgated by the City Engineer and/ or the City manager or designee. B. In addition to other requirements, the City may condition approval of uses and activities associated with construction and excavation within the rights -of -way with applicable mitigation measures set forth in MMC 15.20.030. Section 2. Section 12.08.030 of the Medina Municipal Code is hereby amended to read as follows: Ordinance No. 1 of 2 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 EM ITEM OB-8 A. All construction, excavation and other work conducted within the rights -of -way of the city, whether surfaced or un-surfaced, methods and materials shall be governed by the Washington State Department of Transportation Standard Specifications for Road and Bridge Construction, ((4499)) 2010 Edition, together with subsequent amendments, revisions and additions and, to the extent not inconsistent therewith, by the remaining provisions of this chapter. B. The engineering construction standards set forth in Chapter 12.08.030(A) may be amended, supplemented, and revised by the City Engineer to promote uniform and standardized construction over, on, and under any street, highway, sidewalk, alley, avenue, easement made to the city for public use, or other public way or public grounds in the city, and which conform with the goals and policies set forth in the Medina Comprehensive Plan. C. Where there may be a conflict between the requirements in the Standard Specifications, the City Engineer's amendments and the Code shall prevail. Section 3. 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 4. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2010 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF 2010. Approved as to form: Bruce Disend, City Attorney Ordinance No. 2of2 Mayor Attest: Rachel Baker, City Clerk Medina City Council Regular Meeting, Monday, September 13, 2010 Title: CATEGORY: ❑ Consent Inattention to Driving Ordinance ® City Council Business Staff Report By: Jeff Chen Background/Summary: ❑ Ordinance ❑ Public Hearing ❑ Resolution ® Other - Discussion The City of Medina Municipal Code (MMC) 10.64.010 had not previously provided the police department with a fixed bail amount/penalty that could be assigned to violators of the infraction "Inattention to Driving." This ordinance amendment clarifies the amount to be $125.00 as a penalty where it had not previously been designated. Budget/Fiscal Impact: None Staff Recommendation: City Manager Review: mend Approval. Proposed Council Motion: I move the Medina City Council approve the amendment to Medina Municipal Code 10.64.010 establishing a penalty for the infraction of inattention to driving. 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-9 CITY OF MEDINA Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTION 10.64.010 OF THE MEDINA MUNICIPAL CODE TO ESTABLISH A PENALTY FOR THE INFRACTION OF INATTENTIVE DRIVING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, pursuant to RCW 46.63.110, the Washington State Supreme Court has promulgated a schedule of monetary penalties for traffic infractions, which is set forth in Rule 6.2 of the Infraction Rules for Courts of Limited Jurisdiction (IRLJ); and WHEREAS, the City of Medina currently applies the penalties set forth in IRLJ 6.2 to infraction violations of Chapter 46.61 RCW, Rules of the Road; and WHEREAS, inattentive driving is an "unscheduled infraction" under IRLJ 6.2; and WHEREAS, inattentive driving is similar in nature to the offense of operating a vehicle in a negligent manner, although inattentive driving is a lesser offense; and WHEREAS, amending MMC 10.64.110 to establish a penalty for inattentive driving consistent with the penalties set forth in IRLJ 6.2 would allow uniformity in the City's traffic infraction penalties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. MMC 10.64.010 Amended. Section 10.64.010 of the Medina Municipal Code is hereby amended to read as follows: 10.64.010 Inattentive driving prohibited. It is unlawful for any person to operate a motor vehicle in an inattentive manner over the streets of the city. For the purpose of this section, "inattentive" means the operation of a vehicle upon a city street in a lax, careless or slack manner, that threatens or causes bodily harm or property damage. The offense of operating a motor vehicle in an inattentive manner shall be considered to be a lesser offense than but included in the offense of operating a vehicle in a negligent manner. Any person violating the provision of this section is guilty of - ^ viala+i^^ shall be guilty of an infraction, and shall be subject to a penalty of one hundred twenty-five dollars ($125.00). Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 3. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. 1 of 2 Draft ITEM OB-9 1 2 PASSED BY THE CITY COUNCIL ON THIS _ DAY OF 2010 AND 3 SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF 4 2010. 5 6 7 Approved as to form: Mayor Bret Jordan Attest: Bruce L. Disend, City Attorney Rachel Baker, City Clerk 2 of 2 ITEM OB-10 Medina City Council Regular Meeting, Monday, September 13, 2010 Subject/Title: Contract for Marine Patrol Services Public lJ Consent U Ordinance Lj Public Nearing 6a Citv Council Business ❑ Resolution ❑ Other - Discussion Staff Report By: Jeff Chen BACKGROUND/SUMMARY: Last year during budget preparations, department directors were asked to identify services for possible cost savings. I identified the marine patrol contract as one of these areas. Attached please find for comparison contract for marine patrol services from our existing provider, Mercer Island and a proposal from the Seattle Police Department. Seattle Police Department, a nationally accredited department, currently has 9 boats in service and will increase their fleet to 11 within the near future. Seattle PD has fully staffed boats in the water ready for emergency response 24/7 year round. Mercer Island has 3 boats and does not have a boat staffed in the water all of the time. It is worth mentioning the Seattle Police Marine patrol has been visible and working cooperatively for/with Medina for years on various dignitary events and incidents. (example E-lert # 10-15, deer swimming in the water off Medina coastline.) Our NORCOM dispatch center has the ability to instantaneously communicate with Seattle police dispatch so there will be no significant delay in response time. Additionally, Medina PD already has direct communication capabilities with Seattle Harbor patrol via the 800 MHz radio system. Lastly, our neighboring Township of Hunts Point would likely follow whatever Medina chooses to do in this matter. SEATTLE MERCER ISLAND COST PER YEAR $60,000 $53,000 for 2010 and 2011. OBLIGATION OF SERVICE Full service 24/7 365 DAYS Limited to when boat can be staffed and as available. NUMBER OF BOATS IN Currently 9 boats, increasing to 3 boats. SERVICE 11 boats in the near future. CAPABILITIES Full dive team, certified divers on Services to include regular each boat, side scan sonar, Marine Patrols, special events remote operated underwater coverage, Dive Team services, vehicle (ROV), fire suppression and Water Safety educational equipment including 3500 gallon classes to your city's per minute water cannon with Kindergarten students aqueous film forming foam, boat operators trained in anti -terrorism response, water safety education ITEM OB-10 BUDGET IMPLICATIONS: The annual cost for transitioning our marine patrol contract to Seattle PD will be $60,000 for marine patrol services from a Nationally Accredited Police Department. On September 8, 2010 the Mercer Island City manager has reduced the charge to the city of Medina from $70,000 to $53,000. In any event, the city of Medina will pay $10,000 less for marine patrol services than the adopted 2010 budget amount. ATTACHMENTS: Proposed Seattle marine services contract Proposed Mercer Island marine services contract (Not available at press time, will distribute at meeting.) Current Mercer Island marine services contract Shoreline jurisdiction map BUDGET/FISCAL IMPACT: APPROX. $10,000 REDUCTION IN 2010 ADOPTED BUDGETED AMOUNT. STAFF RECOMMENDATION: Recommend CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: MOVE THE MEDINA CITY COUNCIL AUTHORIZES THE CITY MANAGER TO ENTER INTO A ONE YEAR CONTRACT WITH THE SEATTLE POLICE DEPARTMENT, RENEWABLE YEAR BY YEAR OR AS MUTUALLY AGREEABLE, FOR MARINE PATROL SERVICES FOR THE CITY OF MEDINA THAT WOULD COMMENCE JANUARY 1, 2011. City of Seattle Seattle Police Department Apri-1 19, 201-0 Chief.Jeffrey Chen Medina Police Department 501 Evergreen Point Road ,Medina, Washington 98039-0144 Dear Chief Chen: Thank you for your interest in contracting marine services with the Seattle Police Department. The City, .through its Harbor Patrol Unit, would be pleased to offer marine .patrol services to the City of Medina, Deputy Chief Metz has asked me to be the point of contact for this .process. The Seattle Police Dopartnlent Harbor Patrol is well established, with a long history, of providing excellent service to the residents of Seattle, Our current fleet -consists of nine vessels, from 44 to nine feet in length, including a 44' Kvichak patrol boat, a 42' jet driven Kvichak patrol boat, and 32' Safeboat, capAle,of speeds in excess of 55 mph. Current Unit capabilities, .all of which we propose to offer you under the agreement, include- 0 24 hour,. seven day a week, staffing a Full dive team 0 Certified divers on each boat 0 Side scan sonar 0 Remote Operated Underwater Vehicle (ROV) e Fire Suppression equipment including 3500 gallon per minute water cannon with Aqueous Film Forming .Foam (AFF) 0 Boat operators trained in Anti -Terrorism response 0 Dedicated officers during high profile events such as Seafair A Certified Boating Under the Influence Instmetor ® Certified Washington State Parks Adventures in Boating instructors 0 Certified Personal. Watercraft (PWC) instructor I would be glad to meet with you to discuss this proposal in detail should.you decide to move forward. 1 have attached a proposed contract for your review. r Sincetol , C/Utenant Kafc Olson Seattle Police Harbor Patrol .Unit Zr Ng Seattle Police Department, 610 Fifth Avenue, PO Box 34986, Seattle, WA 98124-4986 M2 :4� An equal employment opportunity, affirmative action employer. 206} 233-7203 at least two weeks in advance. Accommodations for people with disabilities provided upon request. Call { INTERLOCAL AGREEMENT FOR MARINE PATROL SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is between the City of Seattle, a municipal corporation of the State of Washington, hereinafter "Seattle", and the City of Medina, a municipal corporation of the State of Washington, hereinafter "Medina WHEREAS, Seattle maintains a Marine Patrol unit to provide Marine Patrol services in the water of its municipal jurisdiction; and WHEREAS, .Medina borders on Lake Washington and has certain of the waters of Lake Washington within its municipal jurisdiction; and WHEREAS, Medina wishes to avail itself of the Marine Patrol services of Seattle in and on the waters. within its municipal jurisdiction; and WHEREAS. Seattle is agreeable to rendering such Marine Patrol services on terms and conditions negotiated between the parties; NOW, THEREFORE, pursuant to the provisions of the lnterlocal Cooperation Act, Chapter 39.34, Seattle and Medina hereby agree as follows: Section:1 D.fmition of "Mantle Patrol Services": For purposes of this Agreement, "Marine Patrol Services" means the routine patrol of waters for the purpose of enforcing applicable laws and ordinances and establishing a deterrent -and preventive effect in the waters, including responses to serious emergency complaints arising from conduct or situations on or under the waters, in accordance with standard emergency dispatch .protocol; and the providing of fire suppression services from a Marine Patrol boat. Section 2. Seattle Obl' ati In consideration of the promises of Medina set forth in this Agreement and payment of the sure specified below, Seattle promises as follows: (A) Seattle will provide emergency services twenty-four (24) hours per day during the entire year. (B) With one boat working on Lake Washington, Seattle will provide eight (8) hours of .Marine Patrol service each. day during the boating season, which is from April Iu to October 31' each year, The daily service will be provided collectively with waters in the City of Seattle -and shall include waters under jurisdiction of the City of Medina. Marine Patrol services shall be subject to interruption for boat repair and maintenance. The shifts shall emphasize afternoon and early evening hours .of the boating season. MARINE PATROL SERVICES AGREEMENT (1) (C) Current Unit capabilities, all of which will be available to you under the agreement, include: a 24 hour, seven day a week, staffing Full .dive team o Certified divers on each boat a Side scan sonar Remote Operated Underwater Vehicle (ROV) a Fire: Suppression equipment including.3500 gallon per minute water cannon with Aqueous Film Forming Foam (AFF) a Boat operators trained in Anti -Terrorism response Dedicated officers during high profile events such as Seafair a Certified Boating Under the influence Instructor a Certified Washington State Parks Adventures in Boating instructors a Certified Personal Watercraft (PWC) instructor (D) At the end of each year, Seattle, will provide .Medina with a report of Marine Patrol services rendered within Medina waters for the seven months of the .boating season. No reports will be furnished during the balance of the year. Under special circumstance, pursuant to an. official request from the Medina Chief of Police, the Seattle Marine Patrol shall provided statistics pertaining to recent marine patrol activity within the City of Medina. (E) Seattle will furnish all personnel and any and all other things appropriate to accomplish the level of Marine Patrol services described in this Section. (F) Seattle will refund a share, prorated on the basis of time, of any sums paid by Medina in the event .of termination of this Agreement. Section 3• 11!Medina.(3bligatiow Inconsideration of the promises of Seattle set forth in this Agreement, Medina's obligations .are as follows: (A) Medina agrees to pay City of Seattle $60,000 per year on or before December 30 of each year. The payment shall be by check payable to the City of Seattle and shall be mailed to the Department at 610 Fifth Avenue (ATTN: Fiscal Section); PO .box 34986; Seattles Vil.A 98124-4986. (B) Medina herby confers municipal police authority on Seattle Department officers engaged pursuant to this Agreement in enforcing State laws and Medina City ordinances within Medina waters for the .purposes of carrying out this Agreement. (C) Wherever Medina shall request the placement of buoys within the waters under its jurisdiction, Seattle will purchase and install the buoys and Medina will reimburse Seattle for the cost of the buoys and the costs associated with installation. Seattle will maintain, MARINE PATROL SERVICES AGREEMENT (2) repair and.replace such buoys as needed and Medina will reimburse Seattle for the costs associated with the maintenance, repair or replacement. All of the costs involved with buoy actuation,, placement, maintenance, repair and replacement are in addition to the charge for Marine Patrol services set forth in subparagraph (A) above. Section 4. Supervision and Personnel: Both parties to this Agreement understand and agree that Seattle is acting as independent contractor, with the following intended results: (A) Control of personnel and payment of wages and benefits of such personnel, standards of performance, discipline, and all other aspects of Marine Patrol performance shall be governed entirely by Seattle. Section S. Int#emnifiaabon: (A) T In executing this .agreement, Seattle does not assume liability or responsibility for or in any way .release Medina front .any liability or responsibility which arises in whole or in part from the existence, validity, or effect of Medines ordinances, rules, regulations or from any statutory, common law or similar deity to the public that Medina has by virtue of its status as a municipality in the State of Washington. If any such cause, claim, suit, action or administrative proceeding is commenced, Medina shall defend the same at its sole expense and if judgment is entered or damages are awarded against Medina, .Seattle, or both, Medina shall satisfy the same, including all chargeable costs and attorney's fees. (B) Subject to Section. 5(A), Seattle .shall indemnify and hold harmless Medina and its officers, agents; and employees, or any of them, from and against any and all claims., actions, suits, liability, loss, .costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of Seattle, its officers, agents, and employees in performing services pursuant to this Agreement. In the event that any snit based upon such a claim, action, loss, or damage is brought against Medina or Medina and Seattle, Seattle shall defend the same as its sole cost and expense; and if final judgment be rendered against Seattle and their respective officers, agents and employees, Seattle shall satisfy the same. (C) Medina shall indemnify and bold harmless Seattle and its officers,. agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any mature whatsoever, which are caused by or result from any negligent act or omission of Medina, its officers, agents and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against Seattle or Medina and Seattle, Medina shall defend the same at its sole costs and expense; and if final judgment be rendered against Seattle, and its officers, agents, and MARINE PATROL SERVICES AGREEMENT (3) employees or jointly against Seattle and Medina and their respective officers, agents, and employees, Medina shall satisfy the same. (D) This indemnification provision shaU survive the expiration or termination of this Agreement., Section G. General Proyisious: (A) This Agreement shall be effective from 3anuaty 1, 2011 through December 31, 2012, provided that it shall automatically be renewed for additional one year terms under the same terms and Conditions, unless either party gives the other party sixty (60) days written notice prior to expiration of a term of its intention to renego#iate for another terra or of its intention not to renew for another term. (B) Either party may terminate this Agreement upon furnishing written notice to the other at least sixty (60) days in advance of the desired date of termination. (C) Any termination of this Agreement shall not terminate any duty of either party matured prior to such termination. (D) No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement. (E) Both parties acknowledge that revenue or the lack of revenue from citations shall not be a measure of Marine Patrol activity, and that Seattle is under no obligation to generate any revenue through citations. Section 7. Filing, of Agreement: This Agreement shall be filed with the city/town clerks of each municipality and the Secretary of State as required by law. Both parties, through their authorized agents, have read and understand the above Agreement, and intend to be bound by it, and the authorized agents of Medina and Seattle have signed below this day of , 2010. CITY OF MEDINA ATTEST: Approved as to From: CITY OF SEATTLE ATTEST: Approved as to Form: MARINE PATROL.SERVICES AGREEMENT (4) to IN MARINE PATROL SERVICES AGREEMENT (5) INTERLOCAL AGREEMENT FOR MARINE PATROL, SERVICES THIS I.NTERLOCAL AGREEMENT ("Agreement") is between the City of Mercer Island, a municipal corporation Of the State of Washington, hereinafter "Mercer Island", and the City of Medina, a municipal corporation of the State :of Washington, hereinafter "Medina". WHEREAS, Mercer Island maintains a Marine Patrol unit to provide Marine Patrol services in the water Of its municipal jurisdiction; and WHEREAS, Medina borders on lake Washington and has certain of the waters of Lake Washington within its municipal jurisdiction; and WHEREAS, Medina wishes to avail itself of the Marine Patrol services of Mercer Island in and on the waters within its municipal jurisdiction; and WHEREAS., Mercer Island is agreeable to rendering such Marine Patrol services on terms and conditions negotiated between the parties; NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34, Mercer Island and Medina hereby agree as follows: S+ect�,ion 1. Definition of "Marine Patrol Servaces"• For purposes of this Agreement, "Marine Patrol Services" means the routine patrol of waters for the purpose of enforcing applicable laws and ordinances and establishing a deterrent and preventive effect in the wafters, including responses to serious emergency complaints arising from conduct or situations on or under the waters,, in accordance with standard emergency dispatch protocol; and the providing of fire suppression services from a Marine Patrol boat. Section 2. Mercer island Obligafions.- In consideration of the promises of Medina set forth in this Agreement and payment of the sure specified below, Mercer island promises as follows: (A) Mercer Island will provide emergency services twenty-four (24) hours per day during the entire year. M Mercer Island will provide eight (8) hours of Marine Patrol service each day during the boating season which is froze April 1st to October 31 st each year. The daily service will be provided collectively to Mercer Island and all other cities/towns who contract with Mercer island for service. .Cdk,3 MARINE PATROL SERVICES AGREEMENT {1) (Q During the balance of the year, Mercer Island will provide Marine Patrol service eight (8) hours per day, six (6) days per month. (D) At the end of each year, Mercer island will provide Medina with a report of Marine Patrol services rendered within Medina waters for the seven months of the boating season, No reports will be furnished during the balance of the year. Under special circumstances, pursuant to an official request from the Medina Chief of Police, the Mercer Island Marine Patrol shall provide statistics pertaining to recent marine patrol activity within the City of Medina. (E) Furnish all personnel and any and all other things appropriate to accomplish the level of Marine Patrol services described in Section 2 (A) above. (F) Refund a share, prorated on the basis of time, of any sums paid by Medina in the event of termination of this Agreement. Sect-ion3. Medina Oblations•: In consideration of the promises of Mercer Island set forth in this Agreement, Medina`s obligations are as follows: (A) Medina agrees to pay to Mercer Island for providing the Marine Patrol services described in Section 2 of this Agreement for each calendar year an amount equal to 20.5% of the Mercer Island Marine Patrol budget. The budget is determined by starting with the total estimated costs of providing Marine Patrol services. to Medina. and each of the cities/towns which contract for such services and deducting revenues estimated to be received from the Washington State Vessel Registration Fees. The remaining amount is the Mercer Island Marine Patrol budget. Medina agrees to pay the amount determined by this formula to Mercer Island on or before December 30 of each year. The City of Mercer Island shall notify Medina in November of the amount due pursuant to this formula. Payment shall be made to the City of Mercer Island at 9611 S.E. 36th Street, Mercer Island, Washington 96040. (6) Medina hereby confers municipal police authority on Mercer Island Department of Public Safety officers engaged pursuant to this Agreement in enforcing State laws and Medina City ordinances within Medina waters for the purposes of carrying out this Agreement. (C) Wherever Medina shall request the placement of buoys within the waters under its jurisdiction, Mercer Island will purchase and install the buoys and Medina will reimburse Mercer Island for the cost of the buoys and the costs associated with MARINE PATROL SERVICES AGREEMENT (2) Installation. Mercer Island will maintain, repair and replace such buoys as needed and Medina will reimburse Mercer Island for the costs associated with the maintenance, repair or replacement. All of the costs involved with buoy acquisition,. placement, maintenance, repair and replacement are in addition to the charge for Marine Patrol services set forth in subparagraph (A) above. Section 4. Supervision and Personnel: Both parties to this Agreement understand and agree that Mercer Island is acting as independent contractor, with the following intended results: (A) Control of personnel, and payment of wages and benefits of such personnel standards of performance, discipline, and ail other aspects of Marine Patrol performance shall be governed entirely by Mercer Island. -Section 5. Indemnification: (A) in executing .this agreement, Mercer Island does not .assume Liability or responsibility for or in any way release Medina from any liability or responsibiL'ity which arises in whole or in .part from the existence, validity or effect of Medina's ordinances, rules, regulations or from any statutory, common law or similar duty to the public that Medina has by virtue of its status as a municipality in the State of Washington. In any such cause, claim, suit, action or administrative proceeding is commenced, Medina shall defend the same at its .sole expense and if judgment is entered or damages are awarded against Medina,. Mercer Island, or both, Medina shall satisfy the same, including all chargeable costs and attorney's fees. (8) Subject to Section 5(A), Mercer Island shall indemnify and hold harmless. Medina and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, Liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or Omission of Mercer Island, its officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against Medina or Medina and Mercer Island, Mercer Island shall defend the same as its sole cost and expense; and if final judgment be rendered against Medina and its officers, agents, and employees or jointly against Medina and Mercer .Island and their respective officers, agents .and employees, Mercer Island shall satisfy the same. (C) Medina shall indemnify and hold harmless Mercer Island and its officers, agents, and employees, or any of them, from and against any and all claims, actions, MARINE PATROL SERVICES AGREEMENT (3) suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of Medina, its officers, agents and employees. In the event that any suit based upon such a of -aim, action, loss, or damage is brought against Mercer Island or Medina and Mercer Island, Medina shall defend the same at its sole costs and expense; and if final judgment be rendered against Mercer Island, and its officers, agents, and employees or jointly against Mercer Island and Medina and their respective officers, agents, and employees, Medina shall satisfy the same. (D) This indemnification provision shall survive the expiration or termination of this Agreement. Section -b. General Provision . (A) This Agreement shall be effective from January 1, 1999 through November 1, 2000, provided that it shall automatically be renewed for .additional one year terms under the same terns and conditions, unless either party gives the other parry sixty (6Q) days written notice prior to expiration of a term of its intention to renegotiate for another term or of its intention not to renew for another term. (B) Either party may terminate this Agreement upon furnishing written notice to the other at least sixty (60) days in advance of the desired date of termination. (C) Any termination of this Agreement shall not terminate any duty of either party matured prior to such termination. (D) No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement. (E) Both parties understand that no significant impact on the environment will result from services rendered under this Agreement. (F) Both parties recognize that revenue or the lack of revenue from citations shall not be a measure of Marine Patrol activity, and that Mercer Island is under no obligation to generate any revenue through citations. Section-L. Filing ofAgreement_: This Agreement shall be filed with the city/town clerks of each municipality and the Secretary of State as required by law. MARINE PATROL SERVICES AGREEMENT (4) Both parties, through their authorized agents, have read and understand the above Agreement, and intend to be bound by it, and the authorized agents of Medina and Mercer Island have signed below this 1.day of _,4, 2000. CITY MEDI ..A By: bD.- Schulze I ity Manager ATTEST: flqj�� Caron F. We.dlund Its City Clerk Approved as to .Farm: By: /='-1./1 xL Kirk R. Win -es Its City Attorney MARINE PATROL SERVICES AGREEMENT CITY OF MERCER ISLAND By. W4Ri&ch. Conrad Its City Man ATTEST: Christine L, ggers Its City Clerk Approved as to Form: Londi K. Lindell Its City Attorney (5) Mercer Island Marine Patrol Serving the Communities of Medina, Renton, Hunts Point, Yarrow Point and Bellevue Vessels Patrol 11— 30 foot Almar Patrol 14 — 31 foot Safeboat Patrol 12 — 23 foot Safeboat • Mercer Island's three vessels are outfitted similarly to Fire Department Aid units • EMT first aid kit, Automatic External Defibrillator, Oxygen kit, backboards • Patrol 11 and Patrol 14 are equipped with fire suppression and vessel dewatering equipment • Patrol 12 is a rapid rescue/enforcement vessel with a top speed of 58 mph Outstanding Value • 2010 costs to contracted cities are projected to decrease by %6 • Medina's 2010 costs for Marine Services will not exceed $60,000 (may be less*) • Medina's 2011 costs for Marine Services are projected to the same as 2010 • Average response time to calls in Medina is 5-6 minutes • Consistent high performance in the area of boater education, contacts, assistance and enforcement — see attached Washington State Parks Boating Activities Summary 2006-2008 • Dependant on State Vessel Registration Funds which slightly fluctuate year to year Services Provided • Dedicated year-round staffing • 24 / 7 Marine Patrol coverage year-round for emergency services • Search and Rescue • Joint Police / Fire Dive Team • Fire suppression equipment on two patrol vessels • Boating accident investigation with advanced Marine Accident Investigators • Public assistance with disabled vessels, debris/hazard removal, and vessel dewatering • Installation and maintenance of regulatory buoys • Special event safety/security • Kindergarten water safety classes • Certified National Boating Under the Influence Instructor • Certified Washington State Parks Adventures in Boating Instructors • Nationally Certified Marine Patrol Instructors • 2009 "Washington State Boating Officer of the Year" awarded to Sgt. Keith McDonough Mercer Island Marine Patrol Serving the Communities of Medina, Renton, Hunts Point, Yarrow Point and Bellevue Emergency Response • Officers are certified by Washington State Fire Training Academy for Marine Firefighting • Vessels are uniquely staffed with Police officers and certified EMT's or Paramedics • Sick and injured victims receive EMT -level medical response, treatment and transportation Vessels are outfitted similarly to Fire Department Aid units Dive Team • The Mercer Island Dive Team is comprised of 6 Police and 6 Fire personnel • All divers are trained in 'Dive Rescue' techniques ■ NOAA working diver ■ Underwater investigations ■ Swift Water and Dive Rescue • Three divers trained in Department of Homeland security anti-terrorist divers Established Relationships • Successfully partnered with Medina since 1982 • Positive working relationships have been well established with all of the Eastside Fire agencies (Bellevue, Kirkland, Renton, Mercer Island) • NORCOM Agency — Immediate dispatch to incidents — Shared Dispatch center with Medina Units— Radio and MDC • Outstanding relationship with Washington State Parks which governs the State Boating Program • Small agency service — offers greater flexibility to tailor services and open communications ITEM OB-11 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise Discussion Public Official's Do's and Don'ts Lew Leigh, WCIA None. eve is or, i y Discussion Top Five Things New Council Members Should Know Attorney None. Shoreline Master Program Update - Draft Public Consent Agenda Participation Plan Grumbach y Approved Conse 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 Depu�Maror Ma or Shawn Whitne 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 Covera a Grumbach None. Other Business Draft Code Enforcement Ordinance Grumbach Public hearing scheduled 2/8 Discussion 2010 Department Work Plans Dept Directors n/a 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://Medina fileprosite.com, ITEM OB-11 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise SR 520 Bridge Replacement and HOV Project Presentation Supplemental DEIS WS_DOT 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 Mayor Appointment confirmed Public Hearing Proposed Code Enforcement Ordinance Grumbach None. Other Business Proposed Code Enforcement Ordinance Grumbach Discussion, action tabled to 3/8 Other Business Proposed 2010 Planning Commission 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 Consent Agenda Acceptance of Development Services Software Upgrade Consent Agenda A royal of Pro osed Code Enforcement Ordinance Consent Agenda ARCH Budget & Work Plan Grumbach Grumbach Hanson / A. Sullivan Accepted Ordinance No. 848 approved. Approved. Code Amendment Regarding Temporary Government Public Hearing Facilities Grumbach None. Proposed Ordinance Regarding Temporary Government Other Business Facilities Grumbach 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 Acce ted. Ordinance Repealing and Reenacting MMC Chapter 2.84 Other Business Regarding Emergency Operations Hanson Ordinance No. 849 approved. i Aut orized city manager to enter into an interlocal agreement to negotiate an extension of the current franchise agreement with Other Business Interlocal Agreement for Comcast Franchise Negotiations Hanson Comcast Cable. 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. ITEM OB-11 M,�r MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise Briefing Amending chapter 15.04 MMC to adopt 2009 Grumbach/ Other Business Washington State Building Codes. Wilcox None. Staff summary only. Direction to staff to vet St. Thomas Other Business Medina Park Tem orar City Hall O tions Willis Church parking lot option further. Review Council's Strategic Goals, Ground Rules, and 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. (Sarah Moberly Presentation Prosecuting Attorney & L nn Roberts None. Consultant recommendation Other Business Wireless Facilities Update Grumbach expected 5/10. Guidance provided and planning commission recommendation Other Business Discussion Re ardin Pitched Roof Incentives Grumbach expected by December. Proposed Ordinance Regarding Placement of Temporary Other Business Government Facilities Grumbach Ordinance No. 850 adopted. 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. "consent to a ress tra ic, transient moorage and improper mitigation Proposed Meydenbauer Bay Park and Land Use concerns to Bellevue City Council via Other Business MasterpIan, Ma (r letter. Consent Agenda Approval of King County Jail Services Contract Chen Contract Ap roved 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 AMiinted 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 CIPal P (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 Hanson Ordinance Approved Action record unofficial until adoption of meeting minutes. Council agenda packets and minutes can be found at http://Medina fileprosite.com. MFo, ITEM OB-11 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise WIN Public Hearing Hearing to amend chapter 15.04 MMC adopting 2009 Grumbach/ 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 Hearing 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 Agenda Set public hearing dates for three land use ordinances Grumbach Approved. Consent Agenda Planning Commission Appointments, Position ? Moor Approved. Approval of Interlocal Project Services Agreement Consent Agenda Between Medina and WSDOT Willis Approved. l�morand°um i5i Und'ers�fan�°ingB'e"�ween e 1 y o 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. Streetscapes Policies and Standards None. Other Business __ Gateway Din Concepts for Lk Wash Blvd & NE 12 St Grumbach/Willis None. A coae amenamem relanng ro aammistrauve revleH 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 Ado tion of Six -year CIP/TIP Willis 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 Plannin Commission A ointments, Position 3 Ma or 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://medinafileprosite.com. `ofMo� ITEM OB-11 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise Other Business 2030 Budget Review and 2011 Budget Direction Hanson Discussion only. Other Business City Hall Remodel Funding Hanson Item not discussed. Public Hearing 2011 PreliminarBudget Hanson None. Continued Discussion & Schedule Public Hearing Regarding Draft Ordinance Regarding Wireless Other Business Communication Facilities Grumbach Hearing scheduled 09/13/2010. Discussion. List requested of Other Business City Hall Funding Hanson delable ca�tal �roects. Other Business Streetscape Policies and Standards Willis Direction to draft ordinance. Direction to prepare lease Contract Approval, Temporary City Hall Lease and Site agreement for presentation to Other Business Improvements with St. Thomas Church Willis council 09/13/2010. Direction to send letter to WSDOT concerning 84 Ave NE Design Other Business SR 520 Position Letter to WSDOT Concerning 84th Traffic Willis Impacts. Discussion Street Desn Standards Willis Discussion. Consent A enda Acceptance of ALPR Camera Pro'ect/Rel Retainage Willis Public Hearing Wireless Communication Facilities Ordinance Grumbach Other Business Wireless Communication Facilities Ordinance Action Grumbach Other Business Draft Prelimina 2011 Annual Budget Hanson Other Business Award City Hall Bid Contract Willis Contract Approval, Temporary City Hall Modular Office Other Business Lease Willis Contract Approval, Temporary City Hall Lease and Site Other Business Improvements with St. Thomas Church Willis Comprehensive Plan Amendment/Streetscape Policies and Other Business Non -Motorized Transportation Plan Grumbach Willis/ Other Business Arterial Street Design Standards Grumbach Construction Mitigation Measures in City Rights of Way � and City Engineer's Authority to Modify Std Specifications for Road & Bridge Construction Grumbach Other Business Proposed Traffic Code Ordinance U date Chen Other Business Marine Patrol Contract Chen Public Hearing Preliminary 2011 Annual Budget Hanson Other Business Preliminary 2011 Annual Bud e t Hanson Other Business WSDOT GCA Agreement Willis Other Business 2011 Fee Schedule Grumbach ouncr ag ca a ar su /ec o c ange. Action record unofficial until adoption of meeting minutes. Council agenda packets and minutes can be found at http://Medina fileprosite.com. ITEM OB-11 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise Public Hearing Proposed Resolution to Adopt 2011 Property Tax Levy Hanson Public Hearing Proposed Ordinance to Adopt 2011 Bud a t��„ Hanson Business Ap royal of Resolution to Admit 2011 Property Tax Levy Hanson _Other Other Business A royal of Ordinance to Adopt 2011 Bud et Hanson Presentation WSDOT SR 520/Tolling WSDOT Other Business Tentative 2011 Bud et Stud Session Hanson Other Business Roof Incentives) Grumbach Council agenda calendar subject to change. Action record unofficial until adoption of meeting minutes. Council agenda packets and minutes can be found at http.-Ilmedina.fileprosite.com.