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HomeMy WebLinkAbout05-09-2011 - Agenda PacketMEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING AGENDA St. Thomas School, Commons Room 8300 Northeast 12 Street, Medina MONDAY, MAY 9, 2011 5:00 PM 1 MAYOR BRETJORDAN DEPUTY MAYOR SHAWN WHITNEY COUNCIL MEMBERS PATRICK BOYD DOUG DICHARRY JANIE LEE MARK NELSON KATIE PHELPS OPEN HOUSE 1. State Route 520 Eastside Project Design and Project Update CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA PRESENTATION CITY MANAGER DONNA HANSON CITY ATTORNEY BRUCE DISEND CITY CLERK RACHELBAKER 5:00 - 6:30 PM 6:30 PM P-1: WSDOT: State Route 520 Eastside Project Design and Project Update PUBLIC COMMENTS At this time, citizens may address the City Council regarding any issue 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 CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA-1: Approval of April 11, 2011 City Council Regular Meeting Minutes CA-2: Approval of April 27, 2011 City Council Special Meeting Minutes CA-3: Approval of April, 2011 Check Register CA-4: Receipt of Approved March 22, 2011 Planning Commission Meeting Minutes CA-5: Schedule June 13, 2011 Public Hearing for Off -Site Accessory Use CA-6: Schedule June 13, 2011 Public Hearing for Draft Six -Year Capital Improvement Plan/Transportation Improvement Plan 2012-2017 OTHER BUSINESS OB-1: Proposed Budget Amendment Ordinance, Amendment B OB-2: City Council Agenda Calendar ADJOURNMENT Next Study Session - Monday, May 23, 2011; 6:30 pm St. Thomas School, Commons Room Next Regular Meeting — Monday, June 13, 2011; 6:30 pm St. Thomas School, Commons Room SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOXI Visit www.medina-wa.eov and click on E-Notice Program. Medina City Council May 9, 2011 Page 2 of 2 +/9!.1&/ 11 ITEM P-1 Aft wrWashington Mate o Department of Transportation SR 520 Medina to SR 202: Eastside Transit and HOV Project 84' Avenue NE Roundabout Concept Memorandum April 22, 2011 Prepared by: 41� Eastside Corridor Constructors ITEM P-1 1.0 INTRODUCTION This paper is a memorandum summarizing the proposed roundabout concept for the 84th Avenue NE interchange on SR 520. The information in this document is based on a feasibility level study of the roundabout concept shown in the figure below. 84th Avenue N.E. Lid The roundabout concept shown is based on a feasibility analysis of the traffic operations and design footprint. This feasibility study was conducted to determine whether the concept could meet the design year traffic volumes developed by WSDOT and whether the general footprint would fit within the physical space identified in the WSDOT base configuration. The analysis found that both of these criteria could be met. The feasibility analysis identified opportunities to enhance the concept by providing priority traffic movements and minimizing potential queue blocking concerns. As the roundabout concept was being developed by Eastside Corridor Constructors (ECC), several concerns associated with the roundabout were identified through dialogue with WSDOT and elected officials from the local communities. This paper will speak to several of these concerns. However, specific details cannot be determined at the feasibility level of development. The normal design refinement process will work through the details and address these and other issues in more specificity. SR 520 Eastside Transit and HOV Project Roundabout Memo April 2011 1 ITEM P-1 2.0 ROUNDABOUT FUTURE VOLUMES Traffic volumes for design were estimated based on WSDOT design year 2030 PM peak hour traffic projections for the half -diamond interchange concept at 84th Avenue NE. The volumes estimated will be reviewed and verified as part of the design development, but provide a reasonable set of volumes for this initial assessment of the roundabout concept. The PM peak hour volumes were used for this analysis as they represent the highest anticipated recurring volume at the roundabout. In developing these volumes, WSDOT did not assume tolling on SR 520. With tolling in place, the actual volumes may be lower, however these will still be used to provide a worst -case projection of traffic. The estimated traffic volumes by movement are listed in the Table 1 below and shown graphically in Figure 1. Table 1- 2030 PM Peak Hour Volume Estimates Eastbound Off Ramp Left 30 Thru 100 Right 350 Northbound 84th Avenue NE Left 480 Thru 100 Right 50 Westbound NE 28th Street Left 30 Thru 290 Right 5o Southbound 84th Avenue NE Left 30 Thru 20 Right 100 Total Vehicles The highest projected volumes during the peak hour are trips northbound on 84th Avenue NE and Westbound NE 281h street, both destined to westbound SR 520. SR 520 Eastside Transit and HOV Project Roundabout Memo April 2011 2 ITEM P-1 Figure 1— Roundabout Traffic Volumes by Movement 3.0 ROUNDABOUT OPERATIONS The roundabout concept feasibility analysis evaluated the design year 2030 traffic operations for the PM peak period to assess the volume to capacity ratio of the facility. This ratio provides a good indication of the facilities ability to accommodate future traffic volumes. 3.1 Capacity Assessment The analysis found that a single lane roundabout could meet the design 2030 PM peak hour volume projections. This assessment was made based on the volume to capacity ratio of a single lane roundabout. The volume to capacity ratio is a measure of the amount of traffic (volume) on a given facility in relation to the amount of traffic the facility was designed to handle (capacity). A volume to capacity ratio of 1.0 indicates a facility is operating at capacity. The analysis found a single lane roundabout would have a volume to capacity ratio of 0.65. SR 520 Eastside Transit and HOV Project Roundabout Memo April 2011 3 ITEM P-1 This ratio indicates that a single lane facility could operate at this location. While a single lane facility would operate, it would require all vehicles to interact and use the single roundabout lane. This single lane would change the travel options that exist today where specific travel movements are able to traverse the interchange without directly sharing lanes with other movements. Specifically, traffic on each approach of the interchange today have channelized lanes and a single lane roundabout would result in all these lanes sharing a single circular lane. The proposed design adds lanes to the single lane roundabout analyzed. These lanes will add capacity to the roundabout and increase the capacity and therefore reduce the volume to capacity ratio. Additional detailed analysis including micro -simulation modeling of the traffic operations will be conducted as part of the design refinement. This will provide specific detail on traffic flows, vehicle and route interactions, and speed and delay information and volume to capacity ratios for movements in the roundabout. 3.2 Proposed Lane Configuration An assessment of possible lane configurations at the interchange was conducted to determine whether channelization could be provided similar to the movements that are present today. This assessment found that several opportunities were available to facilitate the traffic movements through the interchange as shown in Figure 2 and listed below: • Eastbound off ramp to southbound 84th Avenue NE. This movement could be accommodated through a "slip" lane which would remove this traffic from interacting with other vehicles in the roundabout. • Westbound NE 28th Street to northbound 84th Avenue NE and to westbound SR 520. A two lane section in this part of the roundabout could be accommodated to separate traffic to these two destinations. • Northbound 84th Avenue NE to northbound 84th Avenue NE and to westbound 5R 520, A two lane section could be accommodated to separate traffic to these two destinations and could also facilitate HOV movements to the on -ramp. Each of these modifications would add capacity to the roundabout and further improve the design year volume to capacity ratio and operations. SR 520 Eastside Transit and HOV Project Roundabout Memo April 2011 4 ITEM P-1 �i LoF,4L- 4WD. F� r lko-t E Figure 2 — Roundabout Traffic Movements 3.3 Other Enhancements In addition to the bypass opportunities, several other enhancement possibilities were identified. The pedestrian crossing facilities could be located away from the roundabout and splitter islands to delineate crossing areas away from the vehicles interacting with each other in the roundabout. This would improve visibility of the pedestrian crossings and separate them from the turning vehicle traffic in the roundabout. SR 520 Eastside Transit and HOV Project Roundabout Memo April 2011 5 ITEM P-1 The location of the westbound on -ramp meter was also identified as an opportunity to improve operations of the roundabout. Relocation of the ramp meter further west would increase the amount of storage for vehicles behind the meter. This increase in storage would reduce the potential for vehicles queuing to the back of the ramp and into the roundabout. Today, 380feet of storage exist behind the ramp meter before queued vehicles interact with the local street system. The proposed roundabout concept increases this storage length to 658 feet. Additionally, the ECC team in reviewing opportunities to further increase storage by relocating the ramp meter further to the west. In the unlikely event that vehicles did queue up on the ramp (because of an incident on SR 520 westbound or other atypical traffic situations) and into the roundabout, several strategies could be employed to avoid impacting flow of other vehicles at the roundabout. Posted regulations restricting the blocking of roundabout lanes, ramp meter indications prior to the roundabout indicating queues, pavement markings within the roundabout indicating "Do Not Block" sections, are possible solutions to address this concern. Additionally, traffic signals are an option for controlling traffic through the interchange. Specifics associated with the addition and implementation of these would be determined through the design development and refinement process. Finally, direction -specific road signage and pavement markings could be used at each of the roundabout approaches to delineate traffic movements and improve way -finding of drivers that were not recurring users of the facility. This would reduce confusion and enhance operations of the roundabout. All of the above roundabout enhancements are items that will be specifically evaluated as part of the roundabout design refinement process. These are typical items that are evaluated along with local travel characteristics in determining the final design details of any roundabout. 4.0 ROUNDABOUT DESIGN The roundabout design concept was analyzed to determine whether it could fit within the space available and whether turning movements of large vehicles would be able to traverse the facility. This conceptual review found that all movements could be designed to accommodate a WB-50 (semi truck and trailer with a 50' wheelbase as shown in Figure 3) vehicle turning path. SR 520 Eastside Transit and HOV Project Roundabout Memo April 2011 f111111=LTiiai 7.50 42.50 12.50 Figure 3 — WB-50 Design Truck The location of the roundabout design concept allows for more flexibility in the placement of the ramp meter. The location of the roundabout effectively lengthens the WB on -ramp because the beginning point of the ramp (at the roundabout) is located further to the east of the existing 80 alignment. As discussed in the operations section of this memorandum, final details associated with design will occur as part of the normal design development and refinement process. 5.0 CONSTRUCTION The roundabout design concept was reviewed for constructability purposes. This assessment was conducted to determine a construction phasing plan and specifically how the local street traffic could be maintained during construction of the roundabout. Because the roundabout's physical footprint is much wider than a typical roadway, a larger footprint is required for construction activities. Our review of the construction phasing found that the majority of the roundabout could be constructed with minimal temporary shifts of traffic. The new westbound on -ramp would be constructed first allowing for the closure of the existing loop ramp while the new lid structure is constructed. Once this phase is completed, temporary connections and shifts can be used to finish the construction of the connecting legs and the existing bridge can be removed and the lid structure completed. All traffic movements through the interchange will be maintained during construction. SR S20 Eastside Transit and HOV Project Roundabout Memo April 201 [ 7 ITEM P-1 6.0 NEXT STEPS With the completion of the feasibility assessment of the roundabout concept at the 80 Avenue NE interchange, ECG found that the concept would geometrically fit in the space available and provided enough capacity to meet design year traffic volumes. As part of the design development and refinement process, several opportunities exist to address concerns identified by local elected officials and WSDOT. Representatives from the municipalities and WSDOT traffic design and operations are key participants in the final roundabout design and should be included in this process. The design development and refinement process is an iterative effort where community needs, operational modeling, geometric design, and operational policy issues all interact in the development of the final roadway channelization. 520 Eastside Transit and HOV Project Roundabout Memo April 2011 8 �N 4 c4Ln R LM C" O L a. 0 U cc a • �•+ a = o x a c cc V N iQ coo � CL ~ a C" LLJ � o � io N m � .� p N Lb c 6*4 E an 0 La a 0 cc CD E CD v ca a� 0 0 an IA ■� C � « N 0 C CV e E Ln •- L �a 3 c CA ITEM RA-4 CITY OF MEDINA Office of the City Manager Date May 9, 2011 To: Mayor and City Council From: Donna Hanson, City Manager Subject: City Manager Report 1. 1 continue to work with the City Attorney's office on the solid waste franchise with Allied Services. It has taken a lower position on the priority list, but has not dropped off the radar screen. 2. We have a draft contract for Police Chief Selection Process with the Washington Association of Sheriffs and Police Chiefs. (WASPC) The cost will be $2,000 plus an estimate of 60 hours of their staff time at $50.00 per hour. We have not worked out details about interviews and timeline at this point, but will be working with them to get started, hopefully next week. Once I have more time to talk with them, we will have more information. Their process includes the following general tasks: a. Identification of the "Ideal Candidate" traits and characteristics b. Advertisement and recruitment c. Review of applications d. Identification of finalists e. Interview of finalists f. Coordination of a "meet the candidates" forum g. Final interview 3. 1 attended the first meeting to begin negotiations for the Fire Services Contract with the City of Bellevue and the other cities that contract for EMS and fire services. We will be looking at the types of calls for service for smaller cities and potential options for calculating the contract costs to those cities. 4. We met with staff to discuss the life guard and beach program this coming summer. At this point we would like to open the beach and have life guards onboard prior to 41h of July, but it all depends on the construction schedule. Ideally we would be moved back into the City Hall and be able to provide necessary supervision, but construction doesn't look like it will be complete the end of June. We also will need restrooms and finished landscaping. Ultimately, we will have to make a determination based on safety. 5. Another item on the priority list is a strategic information technology plan. We had one company look at our current system and give us some feedback, but we still have a lot of work to do to be ready to move back into city hall. Again we will continue to work with all the departments to put together a short term and long term plan. This is an item we will be working on and may have some budget impacts in the next few months. ITEM RA-4 CITY OF MEDINA 8398 NORTHEAST 12 STREET I PO BOX 144 1 MEDINA WA 98039-0144 TELEPHONE 425-233-6400 1 www.medina-wa.gov May 6, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Rachel Baker, Central Services Department Subject: Central Services Department Monthly Report May Public Meetings and Events Shredder Day & Unwanted Medication Disposal Event Saturday, May 14 9am-1pm Medina Park Park Board Monday, May 16 6:00 pm St. Thomas Church, Music Room Emergency Preparedness, Map Your Neighborhood Program Wednesday, May 18 7:00 pm St. Thomas Church, Great Hall Hearing Examiner Wednesday, May 18 5:30 pm St. Thomas Church, Music Room City Council Study Session Monday, May_23 6:30 pm St. Thomas School, Commons Room Planning Commission Tuesday, May 24 6:30 pm St. Thomas Church, Music Room Meetings are publicly noticed on the City's three official notice boards, City website, and via Govdelivery. Occasionally notices require publication in the City's official newspaper, The Seattle Times. Public meetings scheduled after publication of this report can be found on the City's website. 2011 City Council Candidate Filing City council positions 2, 4, and 6 will be on the ballot this year. Candidate filing opens Monday, June 6 and concludes Friday, June 10. The Primary Election will be held Tuesday, August 16 and the General Election will be on Tuesday, November 8. Four-year terms on the city council begin January 1, 2012 and expire December 31, 2015. King County Elections is hosting a complimentary two-hour workshop at its Election Office located at 9010 East Marginal Way South in Tukwila on Thursday, May 12 from 2 to 4 pm and Saturday, May 14 from 9 to 11 am. Email election.operations kingcountv.gov to RSVP. Agenda includes: filing for office in King County, submitting local voters' pamphlet information, campaign sign regulations and basic public disclosure information. Additional candidate filing information can be found here: http://kingcounty.gov/elections/referenceresources/candidatefiling aspx Advisory Boards/Commissions/Committees Position Recruitment Interviews were held April 29 and May 6 for Park Board Positions 2 and 5 and Planning Commission Position 4. Civil Service Commission interviews will occur during May. Notices remain posted to recruit volunteers for Planning Commission Position 2. Appointment recommendations will be presented to council in June for confirmation. ITEM RA-4 Public Records Requests Approximately 106 public records requests were received by the clerk's office between January 1 and May 4. By this date in 2010, 42 public records requests were submitted. Staff are currently gathering, reviewing and preparing records for disclosure for a number of outstanding requests. All requests submitted during 2010 have been fulfilled. A copy of the 2011 public records request log will be supplied quarterly and is attached. The log was last presented to council in February. Passports A total of 130 passport applications were received between January 1 and May 3. The City now requires applicants to schedule appointments. Appointments are accepted between 9 am and 4 pm, Monday through Friday. Passport information can be found here: http://travel.state.gov/passport/passport 1738.html. Communication/Outreach In February the council voted to implement a monthly postcard mailing to all Medina households. Postcards were mailed in March and April. Postcards embedded with active links, were posted to the City's website and notifications were sent to Govdelivery subscribers in addition to US Mail delivery. In April a second postcard was mailed to all residents promoting the April 18 Park Board Open House and advertising advisory board vacancies. The City website is updated nearly daily to share current news, information, helpful links, public documents and more. In addition to these site updates, recent changes to the website include a highlighted sidebar link for emergency preparedness news, and revamped development services pages for shoreline master program updates. Craig Fischer attended a Washington GovDelivery users group event in Bellevue on April 28 and gained insight to best practices, new features, and unique ways to utilize Govdelivery. Vendor was impressed with Medina's current subscription numbers and offered suggestions to build upon the foundation already laid. Staff will explore outreach options, including social media, over the coming months. Between April 7 and May 4, 24 notices were issued via GovDelivery, including: Meetings agendas, public meeting notices (8), development notices (2), approved meeting minutes (3), city news, events and other important information (11). Medina Beach Park Lifeguard Recruitment Employment applications can be obtained from the City's website or city hall. Completed applications must be submitted with lifeguard certifications no later than June 10. All guards are required to obtain Waterfront Lifeguarding certification (training will be provided to successful candidates June 18 and 19) and to qualify candidates must already be a certified lifeguard. Guards will be staffed noon to 7:00 pm, seven days a week. Opening date for Medina Beach Park is still undetermined due to construction; however the City is targeting to be open by or before July 4. Police records manager Linda Crum can respond to inquiries regarding the beach program. Holiday Hours City Hall will be closed in observance of Memorial Day, Monday, May 30. Regular hours will resume Tuesday, May 31 at 8:30 am. For police and fire emergencies, dial 9-1-1. -- SIGN UP FOR MEDINA E-NOTICES. 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Q O O O O O O O C C p '6 j ri ri e-1 r•1 r1 �-1 ei c-I ri ci i-i e-1 .w \ W \ 01 \ O \ O \ Ol \ m \ C)O \ \ Cl \ \ C) \ -It N \ N \ M \ M \ N \ N \ M \ M \ m \ \ \ O \ �= O O O O C)0 O V CDC) O co O C)Ln C) C) O LO � � � 00 rn o 0 0 N 0 m 0 0 Lrf 0 w 0 .Q O o o O 0 E E N � w= o 0 0 0 O 0 O N"I O C)O C. N r4 ITEM RA-4 CITY OF MEDINA Office of the City Manager May 9, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Robert J. Grumbach, AICP, Director of Development Services Subject: Monthly Development Services Department Report Planning Commission Meeting Recap: The Planning Commission held a public hearing on a code amendment relating to off - site accessory uses and buildings. Richard Wilson, representing the Brotmans, testified in support of the proposal. After deliberating, the Planning Commission voted to forward a recommendation to the City Council Discussion continued on the shoreline master program update. The commissioners reviewed revisions made to the goals and policies document from the last meeting and provided input on the use regulations. There was a consensus that they were ready to start reviewing the next section of the shoreline regulations. Finally, the commissioners reviewed the proposed ordinance on minimum maintenance standards for vacant residences and abandoned construction sites. Two residents provided comments on two different properties on 78th Avenue N.E. where these regulations might be applied. The commissioners indicated support for the proposal. However, there was a sentiment that these regulations do not do enough. Much of the discussion focused on the City's decision not to use a public nuisance action to abate the conditions of an abandoned construction site at 2632 78th Avenue N.E. At the conclusion of the discussion, the Planning Commission voted to forward the proposal to the City Council and to also forward a memo expressing their desire that the City establish a more aggressive policy to resolve these situations. (Note: the ordinance and memo will be brought forward at the June Council meeting.) Hearing Examiner Decisions: None. Land Use Administrative Decisions: Issued a Temporary Use Permit for T-Mobile to install a temporary wireless communication antenna in the southwest corner of the Evergreen Point Road Park ITEM RA-4 and Ride. This will provide a temporary replacement of their wireless communication facility located on the north side of the bridge next to Fairweather Nature Preserve. The temporary use permit was applied for in response to a stop work order issued by the City. • Issued a SEPA addendum for repair of an existing shoreline bulkhead. The addendum adds to a Determination of Nonsignificance originally issued in May 1998 for construction of a pier and bulkhead work. The address is 643 Evergreen Point Road. Land Use Decisions Issued For 2011: Type of Decision Variances/ Minor Deviations SEPA Conditional Uses/ Special Uses Substantial Development Permit Lot Line Adjustments Short Subdivisions Site Plan Reviews Wireless Facilities Non-admin Tree Remove/ Trim Temporary Use Permit Land Use Applications Received in April: Case Number Description of Permit VAR 1193 Technical Noise Variance for nighttime constructionon SR 520 SDP 2011-02 Substantial development permit to install two boat lift. 2011 YTD 0 2 2 0 0 0 0 2 2 Location SR 520 Highway East Corridor Project 8751 Overlake Drive W. Building/ ROW Permit Applications Received — Apr 1 through Apr 30, 2011: Building Permits: 9 Grading/ Drainage 0 Demolition Permits: 3 Fence: 0 Mechanical: 6 Reroof: 0 Fire Sprinkler: 1 Right -of -way -Permits 13 Toil. 32 Building Permits Issued in March 2011: See Attached. ITEM RA-4 Other Items of Interest: Fairweather Inde endent Towers Public Process. The City Council authorized the City manager to enter into a lease agreement with Independent Towers to install a wireless communication facility at Fairweather Nature Preserve. Authorization to sign the lease was contingent upon two conditions being met: (1) determining the final location for the facilities; and (2) approval of a tower design. Because of the City park location, the input from City residents is being sought to help choose a design. Independent Towers has developed six design options. They are summarized as follows (see attached photos): 1. FLAG POLE: This is similar to the police communication tower at Medina Beach Park only much taller. 2. STICK: This is the flag pole without the flag. 3. ARCHITECTURE FEATURE: This creates something architecturally interesting as a way to camouflage the facility. 4. TREE: This camouflages the facility to look like other trees. 5. LIGHT POLE: This provides illumination to the sports field during hours of darkness (Note: the light must be located below the antenna.) 6. MONUMENT. This creates a space to honor people and/ or events. (Note: only one pole would contain antennas.) The design options will be posted to the City's website and a postcard notifying residents of the options and seeking their input will be sent. Any comments received would be gathered and presented to the City Council to help in selecting a design. SR 520 Shoreline View Point. Washington State Department of Transportation mailed a post card notice to City residents informing them of plans to provide a shoreline viewpoint on the south side of SR 520. The notice provides a short summary and identifies a website containing more detailed information including conceptual drawings and information on key security and privacy features. Shoreline Master Program Update. A community -wide post card notice is being sent out in early May requesting public comments on proposed shoreline regulations including administration, uses, general development regulations, use specific development regulations and shoreline modification standards. This is a continuation of the efforts to seek public input during the course of developing a draft to update the shoreline master program. Changes to BARS for Reporting Permit Fees. We have implemented changes to the reporting of development permit fees and pass -through charges. Previously we reported land use and building permit fees using the same 322 account, and we reported pass -through fees as non -revenue. While developing a program for advanced deposits, we learned that the state budget, accounting and revenue system (BARS) separated building and land use permit fees into different reporting accounts. Additionally, we learned that pass -through charges when paid should be reported under revenue accounts. The changes implemented will provide consistency with the state reporting system. Additional information on this matter can be found in the Finance Director's report. 3 ITEM RA-4 SR 520 Technical Noise Variance. The contractor for the SR 520 East Corridor project has submitted an application for a technical noise variance to exceed maximum permissible noise levels at night. This is in support of construction activity. A public hearing is tentatively scheduled for May. n Permit Report March, 2011 2011 2010 Current Current 2011 2010 Month Month YTD YTD Difference Construction Value New Construction $0 $0 $0 $0 $0 Permit Renewals $3,980,882 $10,000 $3,980,882 $3,410,000 $570,882 Addition/Alteration $258,500 $10,000 $1,640,468 $821,500 $818,968 Accessory Structure $0 $169,000 $140,000 $268,000 ($128,000) Repair / Replace $169,500 $88,520 $169,500 $121,520 $47,980 Fence/Wall $21,400 $44,800 $41,400 $55,300 ($13,900) Mechanical N/A N/A N/A N/A N/A Fire Sprinkler $20,000 $0 $29,700 $36,060 ($6,360) Wireless Comm Facility $0 $0 $0 $0 $0 TOTAL VALUE 4,450,282.00 322,320.00 6,001,950.00 4,712,380.00 1,289,570.00 Permits Issued New Construction 0 0 0 0 0 Permit Renewals 14 1 14 3 11 Addition / Alteration 2 1 5 4 1 Accessory Structure 0 5 2 8 (6) Fence/Wall 2 2 3 3 0 Demolition 0 0 2 1 1 Grading/Drainage 0 2 1 3 (2) Tree Mitigation 0 3 1 3 (2) Mechanical 4 9 11 13 (2) Fire Sprinkler 1 1 2 4 (2) Other - Moving 0 0 0 0 0 Reroof 0 0 0 2 (2) Repair / Replace 3 1 3 3 0 Right -of -Way Use 9 5 18 16 2 Construction Mitigation 1 0 3 0 3 Wireless Comm Facility 0 0 0 0 0 TOTAL PERMITS 36 30 65 63 2 Inspections Building 35 40 108 99 9 Construction Mitigation 9 4 15 4 11 Grading/Drainage 4 8 12 22 (10) Tree Mitigation 2 8 4 15 (11) Right -of -Way 9 22 31 55 24 TOTAL INSPECTIONS 59 L 82 170 195 (25 ITEM RA-4 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY APRIL, 2011 FELONY CRIMES No significant felony incidents occurred during the month of April. MISDEMEANOR CRIMES No significant misdemeanor incidents occurred during the month of April. OTHER ITEM RA-4 HUNTS POINT MONTHLY SUMMARY MARCH, 2011 FELONY CRIMES No significant felony incidents occurred during the month of April. MISDEMEANOR CRIMES No significant misdemeanor incidents occurred during the month of April. ITEM RA-4 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police qu Monthly Activity Report City of Medina 2011 Felony Crimes April YTD YTD Year End 2011 2011 2010 2010 Assault, Aggravated 0 0 0 1 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary (inc Attempt) 0 1 0 9 Drug Violations 0 0 0 1 Fraud (ID Theft) 0 7 4 23 Vehicle Prowl 0 3 1 6 Theft (over $250) 0 2 2 7 Malicious Mischief 0 0 0 3 Arson 0 0 0 0 Auto Theft (inc Recovery) 0 1 0 1 Poss Stolen Property 0 0 0 1 Other 0 0 0 TOTAL 0 14 7 52 Misdeameanor April YTD YTD Year End Crimes 2011 2011 2010 2010 Assault, Simple 0 0 0 2 Malicious Mischief 0 0 0 7 Vehicle Prowl 0 3 0 2 Theft (Under $250) 0 2 2 6 Domestic Violence 0 1 0 0 Minor in Possession 0 0 2 4 Drug Violations 0 1 5 7 Poss Stolen Property 0 0 0 0 Total 0 7 9 28 Page 1 ITEM RA-4 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police qu YEARLY ACTIVITY REPORT City of Medina 2011 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Aggravated 0 0 0 0 0 Robbery 0 0 0 0 0 Sexual Assault/Rape 0 0 0 0 0 Burglary (inc Attempt) 1 0 0 0 1 Drug Violations 0 0 0 0 0 Fraud (ID Theft) 3 0 4 0 7 Vehicle Prowl 0 3 0 0 3 Theft (over $250) 2 0 0 0 2 Malicious Mischief 0 0 0 0 0 Arson 0 0 0 0 0 Auto/Boat Theft 0 1 0 0 1 Poss Stolen Property 0 0 0 0 0 Other 0 0 0 0 0 TOTAL 6 4 4 0; 0 0 0 0 0 0 0. 0 14 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 'Total Assault, Simple 0 0 0 0 0 Malicious Mischief 0 0 0 0 0 Vehicle Prowl 0 1 2 0 3 Theft (Under $250) 0 1 1 0 2 Domestic Violence 1 0 0 0 1 Minor in Possession 0 0 0 0 0 Drug Violations 1 0 0 0 1 Poss Stolen Property 0 0 0 0 0 Total 9 2 3 0 0 0 0 0 0 0 0 0 7 Page 2 ITEM RA-4 MEDINA POLICE DEPARTMENT 41 Jeffrey Chen, Chief of Police Monthly Activity Report City of Medina 2011 Traffic April YTD YTD Year End ACCIDENTS 2011 2011 2010 2010 Injury 0 0 0 0 Non -Injury 0 4 5 15 TOTAL 0 4 5 15 Traffic April YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 2 6 16 35 *Other 4 18 44 88 Total 6 24 60 123 Traffic April YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 29 77 141 331 Parking 0 13 23 102 **Other 16 42 137 Total 45 132 301 433 April '' YTD YTD Year End" WARNINGS 2011 2011 2010 2010 Total 90 275 349 1012 April YTD YTD Year End CALLS FOR SERVICE 2011-' 2011 2010 2010 House Watch 41 120 92 334 False Alarms 22 114 99 375 Assists 16 76 86 293 Suspicious Circumstances 1 30 47 137 Property-Found/Lost 1 2 3 17 Animal Complaints 1 5 16 40 Missing Person 0 0 1 1 Warrant Arrests 1 7 19 47 ***Other 1 1 7 14 Total 84 355 370 1258 *DWLS; Fail to Transfer Title; No License **Expired Tabs; No insurance; Fail to stop; Defective Equipment ***Verbal Domestic; Vandalism; Civil Dispute; Disturbance Page 3 ITEM RA-4 MEDINA POLICE DEPARTMENT 41 Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT City of Medina 2011 Traffic Accidents" Jan Feb Mar Apr May Jun JulAug Sep Oct Nov Dec` Total Injury 0 0 0 0 0 Non -Injury 1 1 2 0 4 TOTAL 1 1 2 0 0 0 0 0 0 0 0 0 4 Traffic Citations Jan Feb Mar Apr May Jun Jul Aug' Sep Oct Nov Dec Total Driving Under Influence 2 1 1 2 6 Other 1 5 8 4 18 Total 3 6 9 6 0 0 0 0 0 0 0 0 24 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug 'Sep Oct Nov Dec Total Speeding 10 18 20 29 77 Parking 4 8 1 0 13 Other 3 11 12 16 42 Total 17 37 ` 33 45 0 0 0 0` 0 0 0 0 132 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 65 63 - 57 90 275 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 17 26 36 41 120 False Alarms 27 35 30 22 114 Assists 21 20 19 16 76 Suspicious Circumstance 7 11 11 1 30 Property-Found/Lost 1 0 0 1 2 Animal Complaints 2 1 1 1 5 Missing Person 0 0 0 0 0 Warrant Arrests 2 2 2 1 7 Other 0 0 0 1 1 Total 77 95 99 84 0 0 0 0 0 0 0' 0 355 Page 4 ITEM RA-4 Town of Hunts int MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report Town of Hunts Point 2011 Felony Crimes April YTD YTD Year End 2011 2011 2010 2010 Burglary 0 1 0 0 Forgery (Identity Theft) 0 0 1 5 Vehicle Prowl 0 0 0 0 Theft (over $250) 0 0 1 1 Possession Stolen Prop 0 0 0 0 Drug Violation 0 0 0 0 Auto/Boat Theft 0 0 0 0 TOTAL 0 , 1 2, 6 Misdeameanor April YTD YTD Year End Crimes 2011 2011 2010 2010 Assault, Simple 0 0 1 1 Malicious Mischief 0 0 0 1 Vehicle Prowl 0 0 0 1 Theft (Under $250) 0 0 0 6 Possession Stolen Prop 0 0 0 0 Domestic Violence 0 0 0 0 Minor in Possession 0 0 0 0 Drug Violations 1 1 0 1 Total 1 1 1 10 Page 5 ITEM RA-4 Town of Hunts Point �f Felony Crimes Burglary Forgery (Identity) Vehicle Prowl Theft (over $250) Poss Stolen Prop Drug Violation Auto/Boat Theft TOTAL MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Yearly Activity Report Town of Hunts Point 2011 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 -0 0 0- 0 1 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 0 0 Malicious Mischief 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 Theft (Under $250) 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 Domestic Violence 0 0 0 0 0 Minor in Possession 0 0 0 0 0 Drug Violations 0 0 0 1 1 Total 0 0 0 1 0 0 0 0 0 0 0 0 1 Page 6 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police Hunts Point Monthly Activity Report Hunts Point 2011 Traffic April YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 1 3 1 1 Accidents 0 0 0 1 *Other 1 8 6 31 Total 2 11 7 33 Traffic April YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 0 1 2 6 Parking 0 0 2 13 **Other 3 27 77 264 Total 3 28 81 283 April YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 11 55 62 193 April YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 House Watch 1 3 9 23 False Alarms 6 16 22 67 Assists 3 8 13 40 Suspicious Circumstances 0 5 6 17 Property-Lost/Found 0 0 0 1 Animal Complaints 1 1 0 4 Missing Person 0 0 0 0 Warrant Arrests 0 1 0 3 ***Other 0 0 0 1 Total 11 34 50 156 *DWLS; Fail to Transfer Title;No License **Expired Tabs; No insurance;Fail to stop;Defective Equipment ***Verbal Domestic; Harassment; Civil Dispute;Trespass Page 7 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police Hunts Point YEARLY ACTIVITY REPORT HUNTS POINT 2011 Traffic Citations Jan Feb" Mar - Apr ` May Jun Jul -Aug Sep Oct Nov Dec Total Driving Under Influence 1 1 0 1 3 Accidents 0 0 0 0 0 Other 3 1 3 1 8 Total 4 2 3 2 0 0 " 0 0 0 0 0 0 11 Traffic Infractions Jan Feb Mar ` Apr May _ Jun Jul Aug Sep Oct Nov 'Dec Total: Speeding 1 0 0 0 1 Parking 0 0 0 0 0 Other 9 2 13 3 27 Total 10 2 13 3 0 0 0 '0 0 0 0 0 28 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 8 16; 20 11 55 Calls for Service Jan ' Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 1 1 0 1 3 False Alarms 5 2 3 6 16 Assists 2 1 2 3 8 Suspicious Circumstances 3 1 1 0 5 Property-Lost/Found 0 0 0 0 0 Animal Complaints 0 0 0 1 1 Missing Person 0 0 0 0 0 Warrant Arrests 1 0 0 0 1 Other 0 0 0 0 0 Total 12 5 6 11 0 0 0 0 0 0 0 0 - 34 Page 8 ITEM RA-4 CITY OF MEDINA Office of the City Manager May 3, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: May 2011, Public Works Report 1. The Director of Public Works and David Clark (Owners Representative) continue to meet weekly with the Contractor to discuss the progress of the work, items or issues of concern, anticipated work for that week, and any anticipated impacts to the public. Council will continue to receive monthly reports from David Clark on the progress of the work along with a project budget status report. The framed walls are completed, windows have been installed, rough in electrical and HVAC ducts are completed, and dry wall installation is beginning in the upper floor offices. The Project is presently on schedule. The project contingency funding was impacted early in the project with the discovery of fuel oil residue in the soil on the north side of the building. The total cost for its removal and cleanup totaled $64,829. To date the project has necessitated clarifications, requests for changes, and processing for 25 change orders to deal with structural deficiencies, water and moisture prevention issues, door schedule changes, exterior stairs, etc. Some of these could not have been anticipated and others should have been anticipated by the original architect. These changes total approximately $178,000 of the budgeted $180,000 contingency. In the Council packet is a requested budget amendment that includes added allocations to the City Hall project to restore the project's contingency funding so the project can continue to completion in an efficient and timely manner without causing project delays that will be necessary if authorization is withheld until a scheduled Council meeting. Included in the amendment request are costs associated with the removal of the temporary City offices and restoration of the St. Thomas property. The Church has indicated that they will not be sufficiently along on their remodel project to make use of the temporary trailers, so the City, by agreement for the use of the Church property, is obligated to pay for removal. (see attached lease agreement) The estimated cost to remove the trailers, cap the sewer line, disconnect power, and complete the site restoration is $25,000. The cost for moving staff into the renovated City Hall will be approximately $5,000. Security system costs that were unknown at the time of the issuance of plans for the project bid are now estimated at $25,000. The Police department is looking for grants to pay this cost, but this is not guaranteed. The total budget amendment request is therefore $ 132,224. ITEM RA-4 2. The SR 520 Eastside Transit and HOV Project preliminary design by the design/build contractor Eastside Corridor Constructors (ECC) is progressing with weekly meeting for maintenance of traffic, monthly meetings for coordination of utility relocation work, and initial permit requests. Preliminary reviews of the project roadway alignments, rough grading package #1, and SR 520 lane closures were accomplished with follow up meetings held with City Technical Review Staff, WSDOT representatives, and ECC members to discuss the review comments. WSDOT arranged a series of meetings with the Points Communities to revisit the V nal developed lid designs and go through a brief Urban Design Process for the Ave,841h Ave, and Evergreen Point Road lids. Three meeting were held to focus on the design elements for the lids. Items that were discussed included hardscape concept layouts for roadways, transit stations, viewing areas, plazas, walkways, crosswalks, intersection and trail connections. The preliminary concept drawings for the lids at this stage have been provided by WSDOT. The next step for WSDOT and ECC is to provide detailed grading, landscape, sidewalk and crosswalk treatment, furnishings, irrigation and lighting plans for review by the Cities. The current estimated time for these details to be ready for review is mid -July. 3. On April 261h, WSDOT held an open house at Three Points Elementary School for residents along NE 28th and along the present Points Loop Trail on the north side of SR 520 to review the closure of the trail and the proposed relocation of the trail to the north side of NE 281h Street. WSDOT proposes to construct new curb & gutter and a 5 foot wide concrete sidewalk along the north side of NE 281h Street from the cul-de-sac at the east end of NE 28th to the sidewalk the City constructed in the west portion of Three Points Elementary School site. A number of the residents along NE 281h Street east of 80th Ave NE said they did not want a sidewalk in front of their homes and would prefer to see walking to continue as it does today on the street from 80th to 84th Ave NE. The pavement width of NE 28th Street is approximately 22 feet wide (just two traffic lanes). The proposed sidewalk adjoining the roadway on the north side would create a safe walking area for students and residents, but would negatively impact those homes on the north side of the street east of 80th Ave NE by steepening their driveways and intruding farther into their maintained yards. Limiting the new sidewalk to that section of NE 281h from the school to 801h Ave NE where an existing walkway exists along the west side of 80th would be appropriate. The temporary Points Loop Trail on NE 28th Street from the east cul-de-sac to the existing sidewalk at Three Points Elementary School with pavement striping along the north edge of the roadway is proposed to occur in May so the trail on the north side of the freeway can be closed for construction of SR 520. The ultimate constructed sidewalk along the north side of the roadway will not occur until approval of the revised trail plan is accomplished. 4. The Eastside SR 520 design/builder (ECC) is moving forward with initial construction phases: installed barrier fencing along the freeway work areas from 1081h Ave NE to Evergreen Point Bridge 2 ITEM RA-4 preparation of the Evergreen Bridge staging area that will include a westbound freeway construction off road loop ramp for truck routing from the freeway up to Evergreen Point Road and on ramp to the eastbound freeway using the existing park & ride lot as an eastbound freeway entrance roadway to eliminate truck hauling on the City streets The old toll plaza building has been demolished SR 520 Freeway closures are expected to occur on June 3`d to 5th and 17th to 201h. Extensive communications will be provided prior to the closures including links to project web pages, public announcements, signage, etc. Local traffic will use NE 81h Street with the City of Bellevue monitoring and managing the traffic signal timing and WSDOT managing freeway signage and ramp signals. More news will be forthcoming as it develops. 5. NE 12th Street/Lake Washington Blvd Traffic Safety Improvement Project contracts have been signed. Construction is expected to begin in May and be completed by September. Selection and design of the gateway light standard and entry sign are still in process. 6. Public Works continues to prioritize their work with public safety as the first priority. The remaining large cottonwood trees located in the public right-of-way at the southwest corner of the Three Points Elementary School were removed when it was determined that several of them had root wrought. The crew has been posting an extraordinary number of public notice postings for PSE pole replacements and PSE tree trimming. The City Shop building has been cleaned up in preparation for the ATC Shop Addition. Storage containers for storing shop equipment and tools during the shop construction were delivered on April 29th and the crew has been moving all of the small tools, stored items, traffic signs, and smaller equipment into the containers. The shop reconstruction will continue for the next two months. 3 ITEM RA-4 LEASE AND PARKING STALL LICENSE AGREEMENT 1. PARTIES. This Lease and Parking Stall License Agreement (the "Lease"), dated (for reference purposes only) sept. 16 , 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 RA-4 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 9/20/201 q (herein, the "Commencement Date") and ending 3/20/2012 (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 # 17.5613 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 K ITEM RA-4 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 841h Avenue NE for ingress and egress (the "80 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 841h Avenue Driveway. The 84th Avenue Driveway will remain in place after the Tenant vacates the site and will be allowed to remain subject to City of Medina permitting. f. Tenant shall at its sole cost and expense install signage and striping related to the Parking Stall License and its use of the Premises (the "Temporary Improvements"), including but not limited to the striping of the restricted, dedicated access lane that is located on the eastern edge of Landlord's property. Tenant and Landlord will cooperate in the design and permitting of these Temporary Improvements. Upon the expiration of this Lease, unless the parties agree otherwise in writing, Tenant will remove these Temporary Improvements and restore the affected portions of the Premises and Landlord's property to the condition that existed prior to this Lease. g. Subject to obtaining a City of Medina permit to be requested by the Landlord and Tenant, Landlord and Tenant agree that upon final removal of the Office Trailers from the Premises, Tenant will remove seventeen (17) existing poplar trees along the eastern portion of the property which are believed to be hazardous, and will replant the area with eight (8) Bowhali 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. S. 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 RA-4 the Office Trailers is a condition precedent to Tenant's occupancy of the Premises pursuant to the Lease. Tenant acknowledges that Landlord is entering into this Lease in reliance on Medina City Ordinance # 17.56B, which permits the Landlord to occupy the Office Trailers for an 18 month period following the use of the Office Trailers by Tenant. Landlord has expended considerable funds and resources in reliance on Landlord's planned future use of the Office Trailers. Landlord is foregoing a monthly rent payment under this Lease in reliance on this planned future use of the Office Trailers. Tenant acknowledges that this ordinance is material to Landlord's entering into this Lease. 7. USE OF PREMISES. The Premises shall be used initially for the governmental operations, including law enforcement, of the City of Medina ("Permitted Use"), and no other use without the written consent of the Landlord. Landlord intends to occupy the Office Trailers following their use by the Tenant under a new lease agreement with the trailer supplier. The Tenant will provide 60 days prior notice to Landlord of the intended date the Tenant will vacate the Office Trailers. 8. CARE OF THE PREMISES Tenant will permit no waste, damage, or injury to the Premises. Tenant shall, at Tenant's sole expense, keep the Premises and Office Trailers, Licensed Parking Stalls, any landscaping on the Premises and all construction areas located on Landlord's property in a neat, clean and sanitary condition, free of rodents and pests, in good order, condition, and repair and in accordance with all applicable laws, rules, ordinances, orders and regulations of all governmental agencies and entities with jurisdiction. Tenant will clean up all construction areas at the end of each day and properly store all construction materials. 9. ALTERATIONS AND ADDITIONS. Except for those expressly contemplated in this Lease, Tenant shall not make or have made any alterations, additions, or improvements to any part of the Premises without first obtaining the prior written approval of Landlord. Tenant shall complete all work contemplated in this Lease in accordance with the applicable laws and regulations, in a good workmanlike manner and in accordance with good commercial construction practices as performed in the Bellevue, Washington area by licensed commercial contractors at the time such work is performed. 10. LIENS. Tenant shall keep the Premises and the Landlord's property free and clear from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. If Tenant, in good faith, contests the validity of any lien, claim or demand, Tenant shall, at its sole expense, defend itself and Landlord and shall satisfy any adverse judgment before its enforcement against Landlord or the Premises. 4 ITEM RA-4 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 RA-4 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. 0 ITEM RA-4 17. HOLDING OVER. Upon the termination or expiration of the Lease term, should Tenant remain in possession of the Premises with Landlord's written consent, occupancy shall be on a month -to -month tenancy basis, terminable by either party on 30-days written notice to the other. The rent during such tenancy shall be $ 1,000 per month payable under this agreement for the last full calendar month of the Initial Term, plus all other charges payable under the Lease. Should Tenant remain in possession of the Premises without Landlord's written consent, occupancy shall be on a month -to -month tenancy basis, terminable by either party on 30-days written notice to the other. The rent during such tenancy shall be at $1000.00 per month plus all other charges payable under the Lease. Except for such rent and term, the month - to -monthly rental arrangement will be on the same terms as this Lease. 18. DEFAULT. Either party's failure to timely perform any of its obligations under this Lease shall constitute a default. If the defaulting party does not remedy a default within 20 days after written notice thereof from the non -defaulting party, then the non -defaulting party may elect to terminate this Lease. In the event of Tenant's default hereunder, including Tenant's failure to complete the work that is a condition precedent to their possession of the Premises, Landlord may after 20 days written notice, terminate Tenant's right to possession of the Premises by any lawful means, and this Lease shall terminate; Landlord may re-enter and take possession of and remove all persons or property, and the Tenant shall immediately surrender possession of the Premises to Landlord. Landlord may recover from the Tenant all damages incurred by the Landlord for the Tenant's default. 19. HAZARDOUS MATERIALS. Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises or Landlord's property by Tenant, its agents, employees, contractors, or invitees (other than Hazardous Materials used by Tenant in the ordinary course of Tenant's Permitted Use of the Premises so long as such is used in compliance with all federal, state or other applicable laws). As used herein, the term "Hazardous Materials" means any flammable item, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of "hazardous substances," "hazardous waste," "hazardous materials" or "toxic substances" now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum -based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCB's and similar compounds, and including any different products and material which are subsequently found to have adverse affects on the environment or the health and safety of persons. This prohibition of hazardous materials shall not apply to any materials or devices stored in the Premises for use by Tenant's law enforcement officers in the course of their official duties. 7 ITEM RA-4 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 12'' 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 Assiqns. 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. 8 ITEM RA-4 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 ITEM RA-4 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 RA-4 Signature Page for Lease and Parking Stall License Agreement Landlord: THE RECTOR, THE .CHURCH WARDENS AND VESTRYMEN OF SAINT THOMAS' PARISH IN THE CITY OOME,ING COUNTY, By: Printedander Breckinr Its: Rector Date: Sept. 16, 2010 Tenant: CITY OF DINA, By: Xona Hanson Its: City Manager 11 ITEM RA-4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Breckinridge certify that I know or have satisfactory evidence that Alexander _ . ,_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: Sept. 16, 2010 Notary Public State of Washington Gerald H Gallaher Commission Expires 3-05-2014 STATE OF WASHINGTON } ) ss. COUNTY OF KING } (Print Name) Gerald H. Gallaher Residing at13204 Frazier P1 NW Seattle, WA My appointment expires: 3/5/2014 1 certify that I know or have satisfactory evidence that Donna Hanson is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the City Manager of City of Medina to be the free and voluntary act such party for the uses and purposes mentioned in the instrument. DATED: (Print Name) Residing at My appointment expires: 12 ITEM RA-4 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 ITEM RA-4 Exhibit B Depiction of Premises [Attached] 14 ITEM CA-1 DRAFT MEDINA CITY COUNCIL REGULAR MEETING MINUTES St. Thomas School, Commons Room 8300 Northeast 12 Street, Medina Monday, April 11, 2011; 6:30 pm CALL TO ORDER Mayor Bret Jordan called the April 11, 2011 Regular Meeting of the Medina City Council to order at 6:33 pm. ROLL CALL Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney City Staff Present: Donna Hanson, City Manager; Bruce Disend, Kenyon Disend, City Attorney, Kenyon Disend; Dan Yourkoski, Acting Police Chief; Joe Willis, Public Works Director; Nancy, Adams, Finance Director; and Rachel Baker, City Clerk Mayor led council members, staff and audience in the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Mayor Jordan said State Route 520 Update will occur under city manager report. Council member Boyd requested removal of item CA-9, Adoption of City Council Strategic Goals and Ground Rules, from consent and replaced on agenda as item OB-4. Council member Nelson noted correction to March 14, 2011 meeting minutes (correct title "Special Meeting Minutes" to "Regular Meeting Minutes"). MOTION DICHARRY AND SECOND PHELPS TO APPROVE MEETING AGENDA AS AMENDED AND MOTION CARRIED 7-0 AT 6:36 PM. PUBLIC COMMENT Mayor opened public comment period at 6:38 pm. Hunts Point resident Marianne Jones spoke about proposed ramp design for 84 Avenue Northeast and SR 520. Mayor closed public comment period at 6:42 pm. REPORTS AND ANNOUNCEMENTS Council member Dicharry announced service will be discontinued on Metro route 261 effective October 1 and trips will be increased on route 271 to compensate. He ITEM CA-1 encouraged interested persons to submit public comment and attend April 12 King DRAFT County Transportation open house on Mercer Island. Emergency preparedness chair Kay Koelemay reported committee recycled expired emergency medical supplies and medications and she is reaching out to local school officials to coordinate emergency preparedness planning. Ms. Koelemay encouraged everyone to view emergency planning video located at www.komonews.com/whatif and to attend the May 18 emergency committee meeting at 7:00 pm in the Great Hall at St. Thomas Church to learn about the Map Your Neighborhood Program. City manager Hanson briefly summarized highlights from department reports, including 2010 accomplishments and goals for 2011. Public works director Willis and council member Nelson provided a State Route 520 project and ramp design update. Willis provided status regarding concept drawings, ramp design, construction preparation and phasing, lane closures, tolling, tree removal, and re -location of Points Loop Trail. He pointed out complaints about traffic flow between Medina and Bellevue during SR 520 lane closures and construction can be directed to him so he can address with city of Bellevue transportation. Nelson presented slides detailing three SR 520 lids planned for Points communities, described designs and provided statuses. CONSENT AGENDA MOTION DICHARRY AND SECOND NELSON TO APPROVE CONSENT AGENDA AS AMENDED AND MOTION CARRIED 7-0 AT 7:34 PM. Approval of Corrected March 14, 2011 City Council Regular Meeting Minutes Approval of March 28, 2011 City Council Special Meeting Minutes Approval of March, 2011 Check Register Claim check numbers 51408 through 51529 in the amount of $190,156.96, payroll check numbers 3225 through 3237 in the amount of $211, 943.51, voided AP check numbers: 2009 ASP check numbers 75515 and 75656 paid to John Price (Public Defender) and reissued with Vision check number 51510, check number 51464 paid to WSLEFIA (police training) and reissued with check number 51465, canceled AP check number 51440 (not reissued), and no voided payroll check numbers. Receipt of January 25, 2011 Planning Commission Meeting Minutes Receipt of February 16, 2011 Planning Commission Meeting Minutes Receipt of February 28, 2011 Park Board Meeting Minutes Receipt of January 19, 2011 Emergency Committee Meeting Minutes Ratification of Austin and Rohrbach Settlement Agreements OTHER BUSINESS State Route 520 Construction Easement and Temporary Park and Ride Lot (7.35 pm) Willis explained purpose for temporary road and easement request and defined State's desire to use current park and ride lot for construction staging and Fairweather playfield as a temporary park and ride. Willis recommended proposal for field reconstruction in City Council Minutes April 11, 2011 Page 2 ITEM CA-1 DRAFT exchange. Council discussed tradeoffs and opted for temporary park and ride at Fairweather Park in exchange for field reconstruction. MOTION NELSON AND SECOND DICHARRY TO AUTHORIZE TEMPORARY USE OF FAIRWEATHER PARK FOR STATE ROUTE 520 CONSTRUCTION AND AUTHORIZE CITY MANAGER TO NEGOTIATE AND SIGN TEMPORARY CONSTRUCTION EASEMENT AGREEMENT(S). MOTION CARRIED 7-0 AT 7:48 PM. City Council Review of Hearing Examiner Qualifications (7.48 pm) In absence of development services director Grumbach, city manager summarized report provided and conveyed staff recommendation. Council voiced disinterest in reviewing all three candidates. Planning commission chair O'Brien suggested planning commission provide its feedback regarding candidates alongside staff. MOTION BOYD AND SECOND NELSON TO AUTHORIZE CITY MANAGER TO NEGOTIATE AND SIGN AN AGREEMENT WITH SOUND LAW CENTER FOR HEARING EXAMINER SERVICES. MOTION CARRIED 6-1 (LEE OPPOSED) AT 7:59 PM. Adoption of 2011 City Council Strategic Goals and Ground Rules (8:00 pm) Council member Boyd voiced his recollection of discussion pertaining to ground rule 2f and staff and council agreed it should be corrected to read: "Individual council members or council committees may not provide direction to city manager or staff prior to full council consideration." Consensus was reached to replace may not with shall not and to ensure consistent use of may versus shall throughout document. MOTION BOYD AND SECOND DICHARRY TO ADOPT 2011 CITY COUNCIL STRATEGIC GOALS AND CORRECTED GROUND RULES. MOTION CARRIED 7-0 AT 8:03 PM. Council Agenda Calendar (8:03 pm) Council members discussed options for scheduling WSDOT SR 520 open house and confirmed study session planned for May 23. Council member Whitney inquired how to add an item to council agenda. Hanson conveyed an agenda item can be added during agenda calendar discussion, or when approval is received by two council members in addition to requesting member outside meeting, or upon individual request if item requires no more than one hour staff preparation time. Council member Boyd requested information regarding move to city hall and email upgrade. Hanson said subject could be addressed during facilities committee meeting. City Council Minutes April 11, 2011 Page 3 ADJOURNMENT ITEM CA-1 DRAFT MOTION PHELPS AND SECOND BOYD TO ADJOURN APRIL 11, 2011 REGULAR MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 7-0 AT 8:23 PM. The April 11, 2011, Regular Meeting of the Medina City Council adjourned at 8:23 pm. The next Regular Meeting is scheduled to be held Monday, May 9, 2011, at 6:30 pm, and a Study Session on May 23, 2011 at 6:30 pm. Both meetings will be held in the Commons Room at St. Thomas School, 8300 Northeast 12 Street, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes April 11, 2011 Page 4 ITEM CA-2 DRAFT MEDINA CITY COUNCIL SPECIAL MEETING MINUTES St. Thomas Church, Chapel 8398 Northeast 12 Street, Medina Wednesday, April 27, 2011; 5:00 pm CALL TO ORDER Mayor Bret Jordan called the April 27, 2011 Special Meeting of the Medina City Council to order at 5:12 pm in the chapel at St. Thomas Church. The meeting was noticed to take place in the conference room at St. Thomas Church. Prior to the meeting being called to order a note was affixed to the exterior entry doors to the conference room noting a change in meeting location to the chapel since the room was locked and could not be accessed. ROLL CALL City Council Members Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney; City Manger Donna Hanson; Attorney Stephanie Alexander, Michael and Alexander, PLLC; and City Clerk Rachel Baker were present. EXECUTIVE SESSION The Medina City Council recessed into Executive Session at 5:12 pm pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party. Executive Session was estimated to adjourn in 30 minutes. At 5:42 pm executive session was extended an additional thirty minutes until 6:12 pm and was then extended another thirty minutes until 6:42 pm. Executive Session adjourned and Council resumed its Special Meeting at 6:42 pm. ADJOURNMENT MOTION NELSON AND SECOND DICHARRY TO ADJOURN THE APRIL 27, 2011, SPECIAL MEETING OF THE MEDINA CITY COUNCIL AND MOTION CARRIED 7-0 AT 6:42 PM. The April 27, 2011, Special Meeting of the Medina City Council adjourned at 6:42 pm. The Medina City Council will hold its next Regular Meeting Monday, May 9, 2011, at 6:30 pm in the Commons Room at St. Thomas School, 8300 Northeast 12 Street, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk of MFo�y9 ITEM CA-3 CITY OF MEDINA May 4, 2011 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: May 2011 Finance Report The April 2011 Financial Reports include: • April 2011 Revenue & Expense Summary • April 2011 AP Register Activity Detail Revenue: During the month of April, we implemented the new BARS (Budgeting and Reporting Systems) to move Planning & Development Revenue to the correct Revenue Accounting codes in BARS. This was advised by the Washington State Auditor's Office in 2010. The Pass -through Revenue account of 001.389.00 will no longer be used for Earned Revenue associated with Planning & Development, as these accounts are meant for "Non -Revenue", not "Earned Revenue". The 2011 Budget of $194,000 (formerly Pass -through Revenue) has been moved to the proper Revenue accounts and is included in the May Budget Amendment B. We also worked with Development to implement a finance process for the advanced deposits program. Key Items for 2011 Revenue include: • 1st Quarter Utility Tax & Franchise Fees of $83K YTD. Payments will be made quarterly in the month following the end of the quarter. We are waiting for the City of Bellevue to make their Q1 payment, so the YTD total is short by approximately $7K. • Property Taxes are $113K higher for YTD compared to YTD 2010. • Sales Taxes are $28K higher for YTD 2011 compared to 2010. • Licenses/Permits are $39K higher for YTD 2011 compared to 2010. • Planning & Development Revenue was $33K higher for YTD 2011 compared to YTD 2010. • REET (Real Estate Excise Tax) Revenue is already at $400K YTD compared to our Budget of $425K for the entire year. April REET Sales is projected to be another $123K for the month (cash will be received in May), which will give us $523K in REET Revenue for the first 5 months of the year. As a result of the higher sales in Medina for the period of Jan -April, we have added REET Revenue to the May Budget Amendment B. ITEM CA-3 Total Revenue (All Funds) are $515K higher for YTD 2011 than YTD 2010 (includes REET). Expense: Key items for 2011 Expense include: • General Fund : o We paid City of Bellevue Fire & Medical Services $360K in April 2011 which accounts for the difference between 2011 and 2010 Expenditures for April YTD. o Police Operations Expense was $63K higher for YTD 2011 compared to YTD 2010 due to the timing of the $28K payment to Norcom Dispatch Services, $25K for unanticipated vacation payout, $4K in ammunition purchases, $3K for jail services and $3K for Police IT services. o Planning & Development Expense was ($9K) lower for YTD 2011 compared to YTD 2010. • Capital Fund : o Expenditures are $215K higher for YTD 2011 compared to YTD 2010 due to the City Hall Renovation Project. Cash & Investments: Cash balances for all funds were $5.4M as of 4/30/2011. 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ROLL CALL Present: Molly Goudy (arrived 6:32 PM), David Lee, Peter May, Jeff Price, Ching -Pi Wang Absent: Heija Nunn (excused), Judie O'Brien (excused) Staff Present: Robert Grumbach, Development Services Director Donna Goodman, Development Services Coordinator ANNOUNCEMENTS (6:31 PM) There were no announcements. APPROVAL OF MINUTES MOTION MAY/ SECOND WANG TO APPROVE JANUARY 25, 2011 & FEBRUARY 16, 2011 MEETING MINUTES AS SUBMITTED. APPROVED 4-0 (6:31PM) AUDIENCE PARTICIPATION (6:31 PM) There were no comments from the audience. OTHER BUSINESS 1) Accessory Use/ Building Code Amendment (6:32 PM) Grumbach referred to his memo in the packet and presented a short summary of the status of this issue. He explained this was included in the comprehensive zoning code update, but since the update was delayed and there was support for this change, he was proposing to move it forward as a separate code amendment in order to resolve an appeal by a property owner and avoid a court case. He explained that it is the same language discussed during the comprehensive zoning code update two to three months ago with minor changes so that it would fit into the current regulations. He indicated that the City attorney would also review it. Grumbach suggested that the commissioners discuss any changes they would like to see and when they are comfortable, schedule it for public hearing. Grumbach addressed questions from the commission and went on to explain that he had attempted to maintain the overall meaning of the existing text. MOTION GOUDY/ SECOND LEE TO FORWARD THE PROPOSED CODE AMENDEMENT TO PUBLIC HEARING. APPROVED 5-0 (6:39 PM) Grumbach advised that the public hearing will be scheduled for the April Planning Commission meeting. 2) Shoreline Master Program Goals and Policies (6:40 PM Grumbach pointed out that the commission had been introduced to this topic at the last meeting. He noted that the City's two consultants, hired with grant funds to assist on this project, were present to provide background information. Grumbach added that the proposed changes to the SMP were currently under review by the Shoreline Advisory Committee, in which O'Brien was participating, prior to being forwarded to the commission. Grumbach explained that a postcard had been sent to Medina residents in an effort to receive input, but only one comment had been received. Discussion followed on that comment and the commissioners were unclear as to the meaning of the actual concerns that were expressed. Grumbach added that he had emailed the citizen and asked for clarification but had not heard back. Grumbach introduced Amy Summe from The Watershed Company and Gabe Snedeker from AHBL Inc. Summe, an environmental planner, explained that the shoreline analysis report that they completed sets the basis for the entire undertaking. She went on to explain that the shoreline master program guidelines from the state direct local governments in how to proceed with the multi -step process and leads cities through an appropriate analysis of existing conditions. The first step was to revisit the shoreline boundaries, defined as 200 ft. from the ordinary high water mark, as well as associated wetlands. The second step was to conduct a shoreline inventory, collecting available information that might be relevant, including existing built conditions, biological conditions, zoning & vegetation, and identifying any shoreline stabilization conditions. From there they had launched into a shoreline analysis report, Summe explained, and she proceeded to provide a detailed explanation of the process and issues involved. Gabe Snedeker addressed the commission next and stated that it is critical to understand the importance of the state guidelines. In the SMP process there is a lower level of local control; the Department of Ecology must approve the plan, and the key concept of "no net loss" is an important directive from the state. He explained that, although the environmental protection aspect is essential, use of the shoreline is also an important goal, as well as enhancing public access to the shoreline. Planning Commission Minutes Page 2 March 22, 2011 Grumbach explained that they did not access private property in their effort to determine existing conditions, so the shoreline as shown on the map is an estimate of existing. The final determination of the shoreline is made at the time a permit is submitted. He went on to say that the philosophy going into this endeavor is that they are trying to maintain as much of the existing SMP as possible while meeting the state's requirements. He indicated that the completed SMP will look like a new document, but that they would retain the existing goals and policies as much as possible. Summe discussed the analysis report, explaining that they are required to show the link between the report and the SMP, as well as the link between the comprehensive plan and the SMP - all three must be integrated. Grumbach noted that the goals and policies document is a component of the comprehensive plan. Grumbach added that the update requires the city to adopt separate critical areas regulations and any changes must be approved by the Department of Ecology. Grumbach, Snedeker and Summe addressed questions from commission members. Discussion items included degrading structures, the effect of wave action on the shoreline, the concept of "no net loss", dock sizes in Medina, setbacks, erosion, the role of the Corps of Engineers, joint use docks, the number of allowed docks per property vs. per property owner, and the issue of public access to the shoreline. Grumbach then transitioned into discussion on the goals and policies document. Commissioners agreed to focus first on a vision statement, and discussed possible language. Commissioners and Grumbach reviewed the document with the Commissioners providing input and Grumbach answering questions. It was agreed that there would be more discussion on this item at the next meeting, as well as of the "uses" section. Grumbach advised the commission that they would hold an open house and public hearing before making a recommendation to the council and discussion took place regarding the timeline for the review of this document. The next Planning Commission meeting will be held on April 26, 2011, at the St. Thomas Great Hall Music Room. MOTION MAY / SECOND GOUDY TO ADJOURN MARCH 22, 2011 PLANNING COMMISSION MEETING. APPROVED 5-0 (8:31 PM) Minutes taken by: Donna Goodman Development Services Coordinator Minutes approved 0212212011. Planning Commission Minutes Page 3 March 22, 2011 Medina City Council Regular Meeting ITEM CA-5 Monday, May 9, 2011 AGENDA BILL Schedule Public Hearing for Code Amendment Relating to Allowing Off - Subject: Site Accessory Uses and Buildings Category: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Robert J. Grumbach, AICP, Director of Development Services Summary: The Director of Development Services issued a zoning interpretation relating to Chapter 17.48 of the Medina Municipal Code clarifying that accessory uses and buildings must be located on the same lot as a single-family dwelling. This interpretation was issued in response to a citizen's request to build accessory parking and a garden building on an adjacent property that they owned. Subsequent to the interpretation have been discussions with the planning commission and the previous council indicating that there was community support to allow accessory uses to be located off -site from a single-family dwelling. Code language to allow for such was originally included in the comprehensive zoning code update. However, since work on the comprehensive zoning code update has been delayed, this code amendment was brought forward separately to help resolve a LUPA appeal filed on the code interpretation. Attachments: Planning Commission Recommendation Staff Report Budget/Fiscal Impact: None. Staff Recommendation: r al City Manaqer Approval: K/%ve to direct staff to prepare an ordinance related to off -site accessory Proposed Council uses and buildings based on the planning commission's recommendation Motion: and to schedule a public hearinq for June 13, 2011. ITEM CA-5 1 MEDINA PLANNING COMMISSION 2 RECOMMENDATION 3 4 RECOMMENDATION OF THE MEDINA PLANNING COMMISSION 5 AMENDING CHAPTER 17.48 OF THE MEDINA MUNICIPAL CODE 6 TO ALLOW OFF -SITE ACCESSORY USES AND BUILDINGS 7 8 WHEREAS, the city council adopted zoning regulations by Ordinance 16, on 9 December 5, 1955, and last amended by Ordinance 867, adopted on December 13, 10 2010; and 11 12 WHEREAS, Chapter 17.48 of the Medina Municipal Code contains regulations 13 relating to accessory buildings; and 14 15 WHEREAS, the City manager designee issued a code interpretation determining 16 that accessory buildings and off-street parking spaces must be located on the same 17 parcel as the owner's primary single-family dwelling; and 18 19 WHEREAS, there is a desire by the City to allow under limited circumstances for 20 certain accessory uses to be located off -site from the parcel containing the owner's 21 single-family dwelling; and 22 23 WHEREAS, Land Use Policy LU-P1 provides that the city shall minimize 24 changes to existing zoning and land use patterns except as to meet land use goals, such 25 as maintaining Medina's high -quality residential setting and character, when deemed 26 necessary by its citizens; and 27 28 WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was 29 requesting expedited review was transmitted to the Washington State Department of 30 Commerce on March 21, 2011, which was granted on April 14, 2011; and 31 32 WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of 33 Nonsignificance (DNS) for the proposed code amendment was issued on April 7, 2011, 34 pursuant to WAC 197-11-340(1); and 35 36 WHEREAS, the planning commission held a public hearing on April 26, 2011, to 37 receive public testimony concerning the proposed code amendment; and 38 39 WHEREAS, at the conclusion of the planning commission's public hearing, the 40 planning commission voted on the proposed code amendment. 41 42 NOW, THEREFORE, BE IT ADVISED THAT THE PLANNING COMMISSION 43 RECOMMENDS THE FOLLOWING: 44 45 Section 1. Section 17.48.010 of the Medina Municipal Code is recommended to 46 be amended to read: 47 48 A. Separate accessory uses and buildings((, net desigRed pFimaFily f9F 9GGupaRGy and)) 49 whose use is accessory and incidental to that of a single-family dwelling shall be 50 permitted pursuant to MMC 17.48.020 subject to the setback and other limitations 51 applicable to buildings in the land use district where such dwelling is located. Planning Commission Recommendation 1 of 3 ITEM CA-5 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 B. Where the area of the building site is sufficient to support two or more single-family dwellings in the land use district where it is located, separate (( )) single family dwellings may be erected and maintained ((aE;fthe —same weFe themselves siRgle_famil, pA)) subject to the setbacks and other limitations applicable to buildings in the land use district where such dwellings are located. ((s me Fegulationo and u6ed as guestheu6e+ ew nt6 • )) Section 2. A new Section 17.48.020 of the Medina Municipal Code is recommended to be adopted to read: 17.48.020 Location and off -site exceptions. A. Accessory uses and buildings must be located on the same lot as the lot containing a principal use, except the following may be located off -site provided the conditions in MMC 17.48.020(B) are satisfied: 1. Accessory recreational facilities prescribed in MMC 14.08.020(B)(2) and 17.52.050; 2. Improved surface areas and detached garages for off-street accessory parking; 3. Accessory buildings containing gardening and similar types of uses; 4. Accessory storage sheds; and 5. Accessory playhouses, cabanas, beach houses and similar accessory uses; B. For an accessory use or building to be located off -site, the following conditions must be satisfied: 1. The use or building must be incidental to an existing single-family dwelling; 2. The lot containing the use or building must be contiguous to and under the same ownership as the lot containing the single-family dwelling the use or building is incidental to; 3. No more than two accessory buildings or uses may be located off -site from the single-family dwelling they are incidental to; 4. In addition to development requirements prescribed elsewhere by the Medina Municipal Code, the following shall apply: a. Maximum height of structures shall be 15 feet above the existing grade; b. The gross floor area of buildings and structures shall not exceed 1,000 square feet; c. Roof eaves shall not protrude more than two feet from the exterior walls of a building; and d. Impervious surface area, excluding the footprint of any building or structure housing an accessory use, shall not exceed 2,000 square feet. C. To inform subsequent purchasers about the restriction set forth in MMC 17.48.020(B)(2), the owner of the real property shall record a notice on the title of the subject lot containing the accessory use and/ or building with the following information: 1. A statement about the condition for the same ownership set forth in MMC 17.48.020(B)(2); and 2. A statement that a breach of this condition is a violation of the Medina Municipal Code subject to enforcement action prescribed by the Medina Municipal Code. Planning Commission Recommendation 2 of 3 ITEM CA-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 D. The notice on the property's title shall be recorded with the King County Recorder's Office and shall run with the land. The notice may be removed if transfer of ownership of the subject property does not cause a violation of the Medina Municipal Code. E. Failure by a property owner to provide notice as prescribed by this Section to a purchaser of the subject property prior to the transferring of interest in the property shall be a violation of the Medina Municipal Code subject to enforcement action prescribed under Chapter 1.15 MMC. 2011. APPROVED BY THE PLANNING COMMISSION ON THIS DAY OF , Planning Commission Chair Attest: Robert J. Grumbach Development Services Director Planning Commission Recommendation 3 of 3 ITEM CA-5 CITY OF MEDINA Development Services 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.454.8490 (fax) www.medina wa.gov STAFF REPORT Off -site Accessory Uses & Buildings Summary: Proposed code amendments amending Chapter 17.48 MMC to allow off -site accessory uses and buildings. Part 1 - Introduction: 1. REGULATORY REVIEW CRITERIA: a. GROWTH MANAGEMENT ACT (RCW 36.70A): The state legislature has found that it is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. The Act sets forth thirteen planning goals including, but not limited to, encouraging development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner, promoting a variety of housing types and preserving existing housing stock, and protection of property rights from arbitrary and discriminatory actions. The City of Medina has adopted a comprehensive plan that implements the goals of the Growth Management Act. b. Chapter 20.81 MMC contains requirements for processing amendments to the text of Medina's development regulations. Amendments to the text of a development regulations may be approved if the following findings are made: The proposed amendment is consistent with the goals, policies and provisions of the Medina comprehensive plan; 2. The proposed amendment bears a substantial relation to public health, safety, or welfare; and 3. The proposed amendment advances the public interest of the community. Part 2 — Public Participation: 1. NOTICES: • Notice for the planning commission public hearing was published in the Seattle Times newspaper on April 7, 2011, and posted on the City Hall notice boards on April 7, 2011. Staff Report: Accessory Uses & Buildings 1 of 5 ITEM CA-5 • Notice of the Planning Commission and City Council agendas are posted at city hall, the City's notice boards and on the City's website. E-gov notification has been also utilized to inform subscribers of meetings and agendas since mid 2010. • A policy question about whether accessory uses should be located on the same site as the principal use was raised with the City Council during the June 29, 2009 study session. This question was included as part of the discussion on the Final Comprehensive Zoning and Permitting Study prepared by staff. • Phase 1 of the Comprehensive Zoning Code update, which included draft code language relating to off -site accessory uses and building, was presented at the August 24, 2010 meeting. Richard Wilson, representing the Brotmans who have a particular interest in the subject, provided comments at this meeting. • Phase 1 of the Comprehensive Zoning Code update, with off -site accessory uses and buildings provisions, was again presented at the September 28, 2010 Planning Commission meeting. • Phase 1 of the Comprehensive Zoning Code update, with off -site accessory uses and buildings, was again presented at the October 26, 2010 Planning Commission meeting. • Phase 1 of the Comprehensive Zoning Code update, with off -site accessory uses and buildings, was again presented at the January 25, 2010 Planning Commission meeting. Richard Wilson, representing the Brotmans, provided comments. • Draft code amendment for off -site accessory uses and buildings was presented at the March 22, 2011, Planning Commission meeting. 2. PUBLIC COMMENTS RECEIVED: Who I Summary of Comments Miles Adams I Requested information on the proposed code amendment. Part 3 — Staff Analysis: 1. The Medina Municipal Code defines Accessory Buildings as "any building, other than primary, in which an accessory use is located." Primary uses being single- family dwellings and whatever other use identified for the zoning district. 2. Accessory uses are those uses that are subservient or secondary and accompany a primary use such as a single-family dwelling. The Zoning Code identifies some of these to include detached garages, beach houses, playhouses, garden and storage sheds, and similar uses. Staff Report: Accessory Uses & Buildings 2 of 5 ITEM CA-5 3. A common issue many jurisdictions face is whether the zoning should require an accessory use, or building containing an accessory use, to be located on the same lot as the primary use it supports, or should the accessory use stand alone on a lot. The primary concern is that an accessory use can end up functioning like a primary use. When the accessory use is small-scale and un-intrusive this tends to not be as much of a concern, but when the accessory use is larger -scale it appears as though the zoning regulations are being skirted and can result in a use occurring having an impact that doesn't necessarily fit the character of the neighborhood. 4. In Medina, except for the few allowed nonresidential uses (i.e. historical uses, commercial horticulture, and religious facilities) the primary use of lots zoned residential is restricted to detached single-family dwellings. This is consistent with the high -quality residential character the community has established for itself in the Comprehensive Plan. 5. The Medina Municipal Code does not have coherent regulations regarding accessory uses and buildings. The principle related regulations are found in Chapter 17.48, which establish regulations for accessory buildings and dates back to 1958. It has been amended only twice since its adoption with neither significantly altering the language. The regulations allow for accessory buildings and subject them to the same setbacks and limitations as other buildings and uses within the zoning district. This chapter also allows for more than one single-family dwelling on a lot if the lot is large enough. 6. To bring clarity, a formal code interpretation was issued as the result of a property owner requesting to located accessory uses on a vacant lot adjacent to their home. The code interpretation determined that accessory uses and buildings must be located on the same lot as the single-family dwelling. 7. After the code interpretation was issued, subsequent discussions with the City Council and Planning Commission during development of the Comprehensive Zoning and Permitting Study indicated there was a desire to allow property owners some flexibility to construct accessory buildings or uses on adjoining lots that they own whether they contained a single-family dwelling or not. 8. A very influential element of the question whether an accessory use should be located on the same lot as the principal use it supports is Washington state case law, which established a legal principal that the size of buildings or structures do not determine whether something is an accessory use. Determining accessory use status is done by determining the use having occurred as a result of another use or "incidental" to a principal use. It is more of a "lower hierarchy of use" that determines accessory rather than simply the size of the use. 9. If a parcel is developed without a single-family dwelling, the accessory building or use might be constructed to occupy the entire development capacity of a lot. This means off -site accessory buildings can be constructed to the same size as single- family dwellings in the neighborhood. For example, a 16,000 square foot R-16 Staff Report: Accessory Uses & Buildings 3 of 5 ITEM CA-5 zoned lot could have a 25-foot tall, 4,000 square foot garage built upon it. This opens up the possibility that the single-family residential setting of a neighborhood could be adversely impacts because large garages, storage sheds, garden buildings, etc. rather than single-family dwellings could over time dominate the character of a neighborhood. 10.Another concern is the proximity of an off -site accessory building or use to the principle use it supports. If there is no such restriction, a property owner might live in one neighborhood, but build the 4,000 square foot garage on a parcel a mile away. 11.In order to protect the neighborhood character of single-family dwellings, the proposed code amendment recommends specific development standards to limit size and requires the subject lot to be under the same ownership as the lot containing the single-family dwelling. These requirements are intended to protect neighborhoods from situations described in Analysis 8 and 9 above. 12.It's worth noting that the proposed regulations only apply if a property owner chooses to locate accessory uses off -site from the single-family dwelling. They would not apply to accessory uses and buildings located on the same lot as the single-family dwelling. 13. The proposed code amendment is consistent with the following goals and policies of the Comprehensive Plan. a. Goal LU-G1: `To maintain Medina's high quality residential setting and character." Discussion: By establishing size and location limitations for accessory uses and buildings the regulations protect single-family residential neighborhoods from lots containing only large -scaled storage buildings, parking facilities, and similar structures that could potentially dominate the character of a neighborhood. b. Policy LU-P1: `The City shall minimize changes to existing zoning and land use patterns except as to meet above goals when deemed necessary by its citizens." Discussion: The proposed regulations will not alter land use patterns. Accessory uses and buildings are currently allowed. The restrictions on size and location will ensure existing neighborhood single-family land use patterns will be preserved. c. Policy H-P 12: "To reduce the loss of households, the City should discourage lot aggregation that impacts the scale and character of the neighborhood." Discussion: While the regulations do not prevent a property owner from combing lots, the allowances for off -site accessory uses and buildings reduces the need for lot aggregation so that the accessory use or building is on the same lot as the single-family dwelling. Staff Report: Accessory Uses & Buildings 4 of 5 ITEM CA-5 14. It should be noted that the requirement for same ownership of lots will be difficult to enforce once the accessory use/ building is established. The City does not track property ownership nor do we involve ourselves with the sale of private property. This means compliance with this requirement will mostly be self-regulating (this is the reasoning behind the notification on the property's title). However, problems with this are anticipated to be minimal as the value of land in Medina makes it unlikely a property owner will want to own and maintain a lot with only an accessory use on it. 15.The Responsible SEPA Official has concluded that the adoption of an ordinance pertaining to enforcement 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). 16.A Notice of Intent to Adopt was sent to the Washington State Department of Commerce pursuant to RCW 36.70A.160 on March 21, 2011 and expedited review was granted on April 7, 2011. Report prepared by: Robert J. Grumbach, AICP Director of Development Services Staff Report: Accessory Uses & Buildings 5 of 5 Medina City Council Regular Meeting ITEM CA-6 Monday, May 9, 2011 AGENDA BILL Schedule Public Hearing for 2012-2017 Six -Year Capital Improvement and Subject: Transportation Plan Category: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Joe Willis, Sr., Director of Public Works Summary: State law requires all municipalities to prepare and submit their planned six year transportation improvement plans to the State Department of Transportation by July of each year and in addition, to qualify for grant funding, each project for which funding is requested must appear on the adopted City TIP. The attached draft plan merges the CIP and TIP into one document for overall fiscal planning. Discussion: The Proposed CIP/TIP Plan for years 2012 through 2017 was derived from present public street and right-of-way improvement condition assessment, storm drainage deficiencies, public facility evaluations, and incorporates planned programmed improvements such as Phase II of the security camera program in year 2012. The attached 2012 — 2017 CIP/TIP Project Summary lists the projects for your consideration. The proposed annual expenditure for the Plan was reduced from the 2010 plan that was programmed at $ 515,000 to an annual amount of $ 488,00 for year 2012 through 2016 based on the 2011 budget projections of $ 63,000 Motor Fuel Tax and $ 425,000 REET tax revenues. Attachments: 1. Draft 2012 —2017 CIP/TIP Plan Budaet/Fiscal Impact: $488.000 annual cost Staff Recommendation: $*Qt 4 bublic hearing date to receive public comment on June 13, 2011. Proposed Council Move to schedule a public hearing for June 13, 2011, to consider the Motion: 2012-2017 Capital Improvement/Transportation Plan. F- LU W li W N LL W I1 W li li yrj ` tj o Z¢LU oWF- pW H F- o ow O W LU O O O W O O W O O W W W O O 0 o N N o c CC o c¢ o c CC CC Elo c o c O N mm O O N rim N O mm N O Lri O t0 rimcom O r/ N 60 o O O O C? o O O 6 o o O 0 O m o C O O p O o O O 0 O O W W 7 O 0 a m o � of n Hj � EA E9 fN N M 2 m fA N E T Z Z O W F c v o LU Q S > Z a U CL75 m 0 � � 4 y N U c U a > O. d Y m r � h O C N� N 4l N u W N cGi Qj G N C C U N g C� C C C C a o f6 > N o c > >_ 0 N 0 N 0_ N o_ N o_ > o_ O O U m O - I- 01 V W A m m 0 0N M O t6 0) N t0 N rn N O .� N d t0 C C V t6 O C O N J C t6 C N C f0 C l6 G tR m -(naaa - - i - N - > a > OL a N > 'C a a a O a a Uoa- ¢Q¢> U> U¢>O U¢>O U¢>O U¢> a d m n N 'm a d'a a m o. a. Q. a n. 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C. R O W N R G R y N R O NCR o C N D R b N N N 0 M m C. O N O � U - C wH O CU_ H 0 2 S N C1 Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a6 a6 .606 co cd ao m m o m m v a a a a c v aroo N o[ a Y `p m r N 0 �O c D I N p o 0 0 0 0 0 d w N N N N N N U U O w m > a x J y O 4 r y O a r2 N Medina City Council Regular Meeting Monday, May 9, 2011 AGENDA BILL Subject: 2011 Budget Amendment (B) ITEM OB-1 Category: ❑ Consent ❑ Ordinance El Public Hearing g ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Nancy Adams, Finance Director Summary: During the 2011 budget deliberations, contingencies were removed from most line items and City Council acknowledged that it would most likely be necessary to amend the budget during the year. The first amendment was adopted in February 2011. This is the second proposed budget amendment and includes Capital Revenues, carry forward expenditures approved in 2010, and new programs approved by Council for 2011. Revenues: New $363,580 1. $194,000 for pass through development permit revenues has been incorrectly budgeted as "Non Revenue" and needed to be budgeted as "Earned Revenue" to Planning and Development Services per the attached Ordinance. Coding change only. There is no budget impact. 2. $363,580 Increase annual BEET Revenues for 2011 based on four months of higher than anticipated actual revenues and conservative forecast for May -December 2011. Expenditures: 2010 Carryover $93,759 / New $158,224 1 $16,000 for monthly postcards mailed to all residents, approved by Council on February 15, 2011. This is a 10 month estimate for 10 monthly and 6 special postcards at the cost of @ $1,000 each. 2 $6,635 for additional wireless consultant contract approved by Council on December 13, 2010. This amount was budgeted in 2010, but not invoiced and it is necessary to carry forward into 2011 in order to have adequate funds to cover the new contract amount. 3 $10,000 for Concept design on 84th Ave NE between 12th and 241h. This joint project (interlocal agreement) with Clyde Hill was approved by Council on February 15, 2011. 4 $87,124 carryover for city hall remodel items budgeted in 2010, but not expended until 2011. See attached Ordinance for line item detail. These are not new expenditures to the total remodel budget. 5 $132,224 for unanticipated expense for pollution remediation not covered by insurance, move back to city hall and removal of trailers, which will not be used by St. Thomas, police video surveillance equipment anticipated, but not included in the actual budget, plus 10% contingency. These items were reviewed by the Facilities Committee on April 20, 2011 and are recommended for approval. Attachments: Ordinance 2011 Budget Amendment B $ 363,580 Amendment B capital - REET Revenue $ 87,124 Amendment B capital - Carryover Expense $142,224 Amendment B capital - New Expense $ 6,635 Amendment B general - Carryover Expense Budget/Fiscal Impact: $ W000 Amendment B aeneral - New Expense Staff Recommendation: Proposed Council " v Motion: "I move to approve Ordinance 872 amending the 2011 Budget." ITEM OB-1 CITY OF MEDINA ORDINANCE NO 872 AN ORDINANCE OF THE CITY OF MEDINA AMENDING ORDINANCE NO.868 2011 BUDGET AMENDMENT B WHEREAS, the Medina City Council enacted Ordinance 868 on December 13, 2010 approving the budget for 2011; and WHEREAS, the Medina City Council enacted Ordinance 871 on February 15, 2011 amending the budget for 2011; and WHEREAS, it is necessary to increase capital expenditures related to the City Hall Construction Project, increase capital revenues, add Council requested postcard expenses and account for carry over items from 2010. WHEREAS, this ordinance has been approved at least five days after its introduction as required by RCW 35A.33.090; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Ordinance 868 is hereby amended as summarized below: FUND BUDGET REVENUE (2011 All Funds): $5,717,418 Amended to Include: General Revenue: 001.389.00.00.00 $ (194,000) 001.345.81.00.00 $ 42,680 001.345.89.00.00 151,320 Impact to Budget: $ -0- Capital Revenue: 307.317.34.00.00 $ 181,790 307.317.35.00.00 $ 181,790 Budget Amendment B 5/9/2011: $ 363,580 AMENDED REVENUE TOTAL: ,$6,080,998 EXPENDITURES (2011 All Funds): $7,435,595 2011 Budget Amendment A $ 28,620 2011 Budget Total with Amend A $7,464,215 Amended to Include: General Expense: 001.511.60.41.00 $ 6,635 DESCRIPTION 2011 Adopted Budget Ord. 868 12/13/10 Development Rev. BARS Compliance Non Revenue (Pass Through) Planning Revenue Development Revenue Coding Change Only Real Estate Excise Tax REET 1 Real Estate Excise Tax REET 2 Revenue: REET Increase Adopted Budget as of 5/9/2011 2011 Adopted Budget Ord. 86812/13/10 Budget Amendment A 2/15/2011 Adopted Budget as of 2/15/2011 Legislative — Wireless Consultant Carryover from 2010 L�O-Im General Expense: 001.518.10.49.30 Central Services — Council Request $ 16,000 Postcards Requested by Council 2/15/11 Capital Expense: 2010 vs. 2011 City Hall Carryover 307.594.19.41.00 $ 44,710 Prof Services -Design 307.594.19.49.11 $ (4,489) Permits, Special Inspections 307.594.19.49.12 $ 53,983 Contractor Progress Payments 307.594.19.62.00 $ ( 124) Construction Management 307.594.19.62.12 (6,956) Temporary City Hall Carryover to Beg Fund Balance: $ 87,124 Carryover from 2010 Capital Expense: 2011 City Hall Add Pollution/Teardown 307.594.19.49.11 $ 20,868 Soil Inspections/Baker Tank 307.594.19.42.12 $ 43,961 Contractor: UST Pollution Remediation 307.594.29.62.00 $ 30,375 Move & Trailer Removal 307.594.19.62.11 $ 25,000 Police CCTV Subtotal: $ 120,204 Subtotal: 2011 Addition 307.594.19.49.12 $ 12,020 10% Contingency Total Addition: $ 132,224 Total City Hall Addition Capital Expense 2011 Capital Roadway (NE 841h) Add 307.595.30.63.09 $ 10,000 Concept Design for 84' St. (12t to 24t ) Budget Amendment B 5/9/2011: AMENDED EXPENSE TOTAL: $ 251,983 Expense: Carryover $94K / New $158K 7.716.198 Adopted Budget as of 5/9/2011 SECTION 2. The City Manager is authorized to make any transfers necessary to carry out the terms of this ordinance. SECTION 3. The effective date of this ordinance shall be (5) days after its publication of a summary of its intent and contents. PASSED BY AT LEAST ONE MORE THAN A MAJORITY OF THE CITY COUNCIL ON THIS 9TH DAY OF MAY, 2011, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 9TH DAY MAY 2011. Approved as to form: Bruce Disend, City Attorney Passed: Published: Effective Date: Bret Jordan, Mayor Attest: Rachel Baker, City Clerk ITEM OB-1 SUMMARY OF ORDINANCE NO. 872 of the City of Medina, Washington On May 9, 2011 the City Council of the City of Medina, Washington, adopted Ordinance No. 872, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF MEDINA AMENDING ORDINANCE NO. 868, 2011 BUDGET AMENDMENT B The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of May 9th, 2011. Rachel Baker, City Clerk ITEM OB-2 kA Of'tE R =F MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Other Business 2011 Council Retreat and Meeting Schedule Mayor Options to be considered 2/15. Other Business 2011 Draft Legislative Agenda Hanson Approved. Other Business 2011 Council Committee Assignments Mayor Completed. Other Business 2011 Regional Committee Assignments Mayor Completed. Other Business 2011 Planning Commission Work Plan Grumbach Amended work plan approved. Other Business 2011 Budget Discussion Hanson, Adams Discussion. Direction to amend 2011 Budget. Other Business Approval of Change Order No. 3; City Hall Project Willis Approved. Consent Agenda Call for Bids: NE 12 St & Lk WA Blvd Improve. Proj. Willis Approved. Consent Agenda Approval of Snohomish County Jail Contract Yourkoski Approved. Consent Agenda Ordinance Adopting 2009 Energy Code Grumbach Adopted Ordinance No. 870. Executive Session RCW 42.30.110 (1)(1) Disend Completed. Executive Session RCW 42.30.110 (1)(g) Disend Completed. Executive Session RCW 42.30.110 (1)(i) Disend Completed. Executive Session RCW 42.30.110 (1)(i) Kenyon Completed. Presentation King County Metro Service Changes Jack Whisner Completed. Consent Agenda 2010 Financial Year End Report Adams Moved to March Consent Agenda Consent Agenda Public Safety Testing Agreement Yourkoski Approved. Consent Agenda JAG Contract Amendment Yourkoski Approved. Consent Agenda Construction Manager Contract Amendment Willis Approved. Consent Agenda City Hall Architectural Services Agreement Willis Approved. Consent Agenda ARCH 2O11 Budget and Work Plan Hanson Approved. Consent Agenda Receipt of Part 150 Study Report Hanson Receipt Acknowledged. Other Business 2011 Park Board Work Plan Willis Approved. Other Business 2011 Budget Amendment Adams Ordinance No. 871 Adopted. Interlocal Agreement with City of Clyde Hill for 84 Ave NE Other Business Street Improvements Willis Other Business Consultant Agreement for SR 520 Project Willis Approved. Other Business Discussion of SR 520 Public Access Options Willis Completed, Other Business City Attorney Services Agreement/2011 Fee Structure Hanson Approved. Other Business Newsletter Communication Costs Baker Completed. Executive Session RCW 42.30.110 (1)(i) Disend Completed. ITEM OB-2 61 of �Fp�y �- MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR "W Meetings scheduled for 6:30 pm, unless noticed otherwise. Presentation Part 150 Study Allyson Jackson Completed. Consent Agenda 2010 Financial Year End Report Adams Approved. Consent Agenda Contract Award: NE 12 St & Lk WA Blvd Improve. Proj. Willis Awarded to NPM Construction Co. Other Business Approval of Medina City Hall Change Orders Willis Approved. Other Business Approval of Office Furniture for Medina City Hall Willis Approved. Other Business Wireless Communications Facility Lease for Fairweather Nature Preserve Grumbach Approved. Other Business State Route 520 Fly -Over Ramp Status Willis Discussion. Other Business WSDOT Right of Entry at Fairweather Nature Preserve Willis Approved. Other Business Monthly Postcard Sample Discussion Baker Discussion. Discussion City Council Goals and Strategies Hanson Discussion. Discussion Communication Strategy Hanson/Baker Discussion. Other Business City Council Ground Rules Hanson Discussion. Consent Agenda Ratification of Austin & Rohrbach Settlement Agreements Hanson Ratified. Consent Agenda Adoption of 2011 City Council Strategic Goals Hanson Adopted. Consent Agenda Adoption of 2011 City Council Ground Rules Hanson Adopted. Reports State Route 520 and Lid Design Update Willis/Nelson Completed. Reports 2010 Accomplishments Hanson Completed. ut onze emporary use o Fairweather Park for SR 520 construction and authorized city manager to negotiate and sign State Route 520 Construction Easement & Temporary Park & temporary construction easement Other Business Ride Lot Willis agreement(s). City manager authorized to negotiate and sign agreement with Sound Law Center for Hearing Other Business Review of Hearing Examiner Qualifications Grumbach Examiner Services. Open House State Route 520 Eastside Project Design & Project Updates WSDOT Presentation State Route 520 Eastside Project Design & Project Update WSDOT Schedule Public Hearing for Code Amendment Relating to Off - Consent Agenda Site Accessory Buildings and Uses Grumbach Consent Agenda Schedule Public Hearing for Draft Six -Year CIP/TIP (2012-2017) Willis Reports FairweatherindependentTowers Public Process Grumbach Other Business Proposed 2011 Budget Amendment B Ordinance Adams ITEM OB-2 MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Other Business Zoning Code Ordinance Briefing Grumbach Other Business Shoreline Master Program Update Grumbach Design Selection for Independent Towers' Wireless Other Business Communication Support Structure at Fairweather Grumbach Public Hearing Accessory Buildings & Uses Grumbach Confirmation of Appointments to Planning Commission Other Business Positions 2, 4 Council Confirmation of Appointment to Civil Service Commission Other Business Position 1 Council Other Business Confirmation of Appointments to Park Board Positions 2, 5 Council Other Business City Council Guidelines Disend Proposed Ordinance for Minimum Maintenance Standards for Other Business Vacant Residential and Abandonded Construction Sites Other Business Adoption of Six -Year CIPMP and Resolution Other Business 2012 Draft Preliminary Annual Budget Other Business 2012 Franchise Fees Other Business 2012 Utility Fees Other Business 2012 Franchise Fees Other Business 2012 Utility Taxes ITEM OB-2 9 MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Public Hearing 2012 Property Tax Levy Public Hearing Shoreline Master Plan Other Business Adoption of Property Tax Levy Resolution Public Hearing 2012 Annual Budget and Salary Schedule Public Hearing 2012 Annual Budget and Salary Schedule Adoption of 2012 Annual Budget and Annual Budget and Other Business Salary Schedule Ordinance Other Business City Manager Employment Agreement