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HomeMy WebLinkAbout08-08-2011 - Agenda PacketMEDINA, WASHINGTON F MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING AGENDA Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina MONDAY, AUGUST 8, 2011 5:00 PM MAYOR CITY MANAGER BRET JORDAN DONNA HANSON DEPUTY MAYOR CITY ATTORNEY SHAWN WHITNEY BRUCE DISEND COUNCIL MEMBERS CITY CLERK PATRICK BOYD RACHEL BAKER DOUG DICHARRY JANIE LEE MARK NELSON KATIE PHELPS SPECIAL MEETING 5:00 PM 1. Community Meet and Greet: Police Chief Candidate Finalists 2. City Hall Open House REGULAR MEETING 6:30 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA PRESENTATION P-1: City Hall Plaque Presentation PUBLIC COMMENT PERIOD 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. Medina City Hall / 501 Evergreen Point Road / PO Box 144 / Medina, WA 98039 425-233-6400 / www.medina-wa.pov REPORTS AND ANNOUNCEMENTS RA-1: Mayor RA-2: Council RA-3: Advisory Boards/Commissions/Committees RA-4: City Manager/Staff CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA-1: Approval of July 11, 2011 City Council Regular Meeting Minutes CA-2: Approval of July 25, 2011 City Council Special Meeting Minutes CA-3: Approval of July, 2011 Check Register CA-4: Receipt of Approved May 18, 2011 Emergency Committee Meeting Minutes CA-5: Receipt of Approved June 20, 2011 Park Board Meeting Minutes CA-6: Receipt of Approved June 28, 2011 Planning Commission Meeting Minutes CA-7: Adoption of Proposed Ordinance Related to Petty Cash PUBLIC HEARING PH-1: Introductory Hearing for 2012 Annual Budget Preparation OTHER BUSINESS OB-1: Approval of Points Loop Trail De Minimus Agreement OB-2: Proposed Ordinance Amending Chapters 1.15 and 12.08 MMC Adding Enforcement and Clarification for Construction in Streets OB-3: City Council Agenda Calendar PUBLIC COMMENT Comment period limited to ten minutes. Speaker comments limited to one minute per person. EXECUTIVE SESSION ES-1: RCW 42.30.110(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or 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. ES-2: RCW 42.30.110 (g) and RCW 42.30.140(4)(a) Collective bargaining sessions with employee organizations, including contract negotiations and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. Medina City Council August 8, 2011 Page 2 of 3 ADJOURNMENT Remaining 2011 Regular Meetings: 1. Monday, September 12 6:30 pm 2. Monday, October 10 6:30 pm 3. Monday, November 14 6:30 pm 4. Monday, December 12 6:30 pm SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.eov and click on E-Notice Program. Medina City Council June 13, 2011 Page 3 of 3 City of Medina, Washington PROCLAMATION St. Thomas Episcopal Church and St. Thomas School WHEREAS, Medina City Hall underwent an expansion and renovation project between October, 2010, and July, 2011, displacing City meeting facilities for City Council, Boards, Commissions, Committees, the Public and City Staff, and WHEREAS, St. Thomas Episcopal Church and St. Thomas School graciously provided the City of Medina with meeting room accommodations for approximately 85 general and public meetings and hearings held between October, 2010, and July, 2011, and WHEREAS, When meeting rooms at St. Thomas Episcopal Church were unavailable for City Council meetings on Monday evenings, St. Thomas School allowed the City use of its Commons Room, furniture and audio/visual equipment, and WHEREAS, St. Thomas Episcopal Church allowed the City use of its facilities for meetings including City Council, Park Board, Planning Commission, Hearing Examiner, Emergency Preparedness Committee, Development Services Department permit intake meetings, and City Staff meetings and trainings during the day and in the evening, and WHEREAS, It would have been extremely inefficient for City staff to drive to other locations to set up and conduct meetings, as well as confusing for the Public to hold meetings in multiple locations. NOW, THEREFORE, BE IT RESOLVED that the City Council, Boards, Commissions, Committees, and City employees thank the entire Staff of St. Thomas Episcopal Church and St. Thomas School for their assistance and support in cordially allowing the City of Medina to schedule and hold meetings in their facilities over the last nine months. DATED, this Eight Day of August, 2011. Bret Jordan, Mayor ITEM RA-4 CITY OF MEDINA Office of the City Manager Date August 8, 2011 To: Mayor and City Council From: Donna Hanson, City Manager Subject: City Manager Report Our move back into city hall continues to take up the lion's share of all of our time, although we have been open for business serving the public since the day after the move. Most of the unpacking is finished, but we have construction contractors working here every day. We are still getting the right furniture in the right locations. And as Joe's report states, we still have to get some of the systems up and running. 2. Monday is set for Police Chief interviews all day with five semi-finalist candidates. We have three panels interviewing from 8:00 am to 3:00 pm and the public meet and greet from 5:00 to 6:00 pm. Garry Anderson of WASPC will facilitate and provide an orientation and questions for panelists starting at 8:00 am. All semifinalists meet or exceed our minimum qualifications for experience and education. 3. City Council Facilities Committee met on August 2"d to discuss City Hall construction budget and additional costs for the contractor, Comcast, and PSE for the move back into the building. We don't have final costs for the project, including furniture and the actual move, but will report final budget numbers in September or October. The committee also discussed a citizen request to move the emergency staircase located on the west side of the building. After looking at all the information, including a complete review by the building official, existing design limitations, and potential costs for redesign and construction, the committee is not recommending changes to the building or staircase. The primary reason for the existing design is that a second exit was required from the main floor. The building code requires that a person must reach an exit within a certain distance. Due to the distance of travel, the wrap around balcony can not be used as an exit. A review of the plans with three outside professionals agreed with the building official's requirement to locate the exterior stair as it now exists. In summary, no other stair location would satisfy the building code and provide the required fire safety and security for public. As an aside we have also received positive comments about the stairs improving/softening the view and scale of the building from the west side. 4. Lifeguards are still taking weekly water quality samples and the water at Medina Beach continues to test safe. Lifeguards have also been a great help in cleaning up the beach area, some maintenance duties, and preparation for the move back to city hall during our poor summer weather. Now with the better weather they are guarding regular hours from noon to 7:00 pm. ITEM RA-4 5. The WSDOT traffic study for the roundabout on 84t" Ave NE and 520 is still not tn complete but we are rescheduling them for Sept. 12 ITEM RA-4 CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 1 MEDINA WA 98039-0144 TELEPHONE 425-233-6400 1 www.medina-wa.gov August 4, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Rachel Baker, Central Services Subject: Central Services Department Monthly Report August & September Public Meetings and Events Event Date Time Location Community Meet & Greet: Police Chief Finalists Aug 8 5:00 pm Medina City Hall Open House: Renovated City Hall Aug 8 5:00 pm Medina City Hall City Council Regular Meeting Aug 8 6:30 pm Medina City Hall Medina Days Aug 10-13 varies www.medinadays.org Shoreline Advisory Committee Aug 17 6:00 pm Medina City Hall Planning Commission Aug 30 6:30 pm Medina City Hall Lifeguard Season Ends Aug 24 Noon-7pm Medina Beach Park Labor Day, City Offices Closed Sept 5 City Council Regular Meeting Sept 12 6:30 pm Medina City Hall Park Board Sept 19 6:00 pm Medina City Hall Hearing Examiner (tentative date/time) Sept 21 5:30 pm Medina City Hall Emergency Committee Sept 21 7:00 pm Medina City Hall City Council Study Session _ _ Sept 26 6:30 pm Medina City Hall Planning Commission Sept 27 6:00 pm Medina City Hall 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. Register to Vote Plan ahead for upcoming elections; the Primary Election will be August 16 and the General Election will be November 8. Registration can be completed online, 24-hours a day by visiting the Secretary of State's web site: https:Hwei.secstate.wa.gov/osos/secure/pages/Onlinevoterregistration.aspx For more information about eligibility or changes to an existing registration, call King County Elections at 206-296-8683 or visit: http://kingcounty.gov/elections.aspx. ITEM RA-4 Communication/Outreach Between July 5 and August 3, 28 notices were issued via GovDelivery. A detailed report is attached. Currently e-notices have the potential to reach 1312 individual subscriber profiles with a total of 9814 subscriptions. There were 122 new and 21 deleted individual subscription profiles since August 3. To date the City has issued ten postcards, including: six council, one park board, two shoreline, and one communication tower. The City will pay for postage for an August Medina Days mailing. Extra "July, 2011" postcards were ordered and placed at the Green Store and at public meetings this past month. While efforts have been made to reach all residents with City mailings within the City limits, some may inadvertently be missed. Bulk mailing lists purchased from the USPS may exclude certain addresses upon the request of property owners as a way to minimize junk mail. If this has been experienced, residents are encouraged to contact City Hall and request to be placed on the distribution list. Additionally, City staff explored options to merge mailing lists from King County with the bulk mailing list purchased by the City's mailing vendor as a way to incorporate residents that may have been omitted. For those that prefer to avoid bulk mailings, copies of the City's postcards can be viewed via the City's online records repository and are delivered to e-notice subscribers via email. Public Records Requests Approximately 165 public records requests have been received by the city clerk's office between January 1 and August 3. During the same period last year 78 requests had been received. Passports A total of 188 passport applications have been processed by department staff during 2011, an increase of 13 since last month's report. "SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.goy and click on E-Notice Program. 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Grumbach, AICP, Director of Development Services Subject: Monthly Development Services Department Report Planning Commission Meeting Recap: The Planning Commission meeting was well attended with several members of the public providing comments. Mark Parry inquired about the security around the SR 520 construction site; Steve Burnstead, Suzanne Cohen, Jim Gerardo, Bob Rudolf, Tim Panos, Colin Radford, Dave Douglas and Charlie Kling provided comments relating to the shoreline master program update. Council member Janie Lee commented about communications. The Planning Commission continued their discussion from the last meeting on the shoreline master program update. The focus was on the consultants, docks and piers, and shoreline stabilization. After considerable discussion, there was general agreement that it would be best to wait on determining if additional consultants were needed to help with the update. The discussion on the docks and piers focused on the walkway width, which widths greater than 4 feet within the near -shore area are becoming an issue with Ecology, and on allowing an option where the City would accept designs approved by the Corp of Engineers subject to the structure length and side yard setback requirements. This option is something Ecology has approved in other jurisdictions. The discussion on shoreline stabilization focused on the state's definition of stabilization, which references both protection of land and structures, and how this compares with the guideline language on protecting primary structures, etc. It was agreed to take a closer look at this by comparing the language in the Washington Administrative Code and the draft SMP. Finally, the Commissioners discussed changing the August meeting date. Several dates were discussed with directions to staff was to poll the commissioners on what date works best. (Post note: the next Planning Commission meeting will be Tuesday, August 30, 2011. Hearing Examiner Decisions: A public hearing was held on July 20, 2011, for a substantial development permit to install an in -water free standing boat lift and retain an unpermitted existing mini-boatlift. ITEM RA-4 The address is 8751 Overlake Drive West and the applicant is Marine Restoration and Construction. The hearing examiner approved the application subject to seven conditions. Land Use Administrative Decisions: Land Use Decisions Issued For 2011: Type of Decision 2011 YTD Variances/ Minor Deviations 1 SEPA 4 Conditional Uses/ Special Uses 2 Substantial Development Permit 1 Lot Line Adjustments 1 Short Subdivisions 0 Site Plan Reviews 0 Wireless Facilities 2 Non-admin Tree Remove/ Trim 3 Temporary Use Permit 1 Land Use Applications Received in July: Case Number Description of Permit Location LLA 2011-02 Lot line consolidation 538 Overlake Drive East SPR 2011-01 Site Plan Review 2047 Evergreen Point Road T-071211-3032 Non -administrative tree Various locations throughout Removal/ trimming permit by the City a utility Shoreline exemption for tree North side and within the SR trimming 520 state highway right-of- way G-3044 SEPA review for grading of 515 82nd Avenue N.E. 400 cubic yards of earth Building/ ROW Permit Applications Received — Jul 1 through Jul 31, 2011: Building Permits: 4 Grading/ Drainage 2 Demolition Permits: 1 Fence: 0 Mechanical: 4 Reroof: 1 Fire Sprinkler: 0 Right-of-way Permits 4 _. ITEM RA-4 Building Permits Issued in June 2011: See Attached. Other Items of Interest: Shoreline Master Program Update: The shoreline citizen advisory committee will meet August 17, at 6:00 pm to discuss shoreline setbacks. Staff has been gathering information including studies that support 50-foot and greater setbacks without enhancements in residential urban environments. These studies, along with other information, are being collected to help develop shoreline setback options to be presented at the August 17 meeting. Additionally, staff has been discussing various aspects of the shoreline update with residents who have contacted us. ITEM RA-4 Permit Report July, 2011 2011 2010 Current Current 2011 2010 Month Month YTD YTD Difference Construction Value New Construction 0 1,060,000 8,313,751 1,060,000 $7,253,751 Permit Renewals 1,212,300 842,660 5,204,782 35,303,660 ($30,098,878) Addition / Alteration 0 1,608,788 2,793,068 2,454,238 $338,830 Accessory Structure 0 72,500 190,000 510,350 ($320,350) Repair/Replace 50,000 0 652,969 121,520 $531,449 Fence/Wall 12,000 6,600 449,900 94,900 $355,000 Mechanical 8,000 180,500 N/A N/A N/A Fire Sprinkler 11,650 33,181 119,400 85,641 $33,759 Wireless Comm Facility 0 0 236,000 0 $236,000 TOTAL VALUE 1,293,950 3,804,229 17,959,870 �-9 21,670,439 Permits Issued New Construction 0 1 3 1 2 Permit Renewals 1 5 16 13 3 Addition / Alteration 0 5 10 11 (1) Accessory Structure 0 1 5 14 (9) Fence/Wall 1 1 7 6 1 Demolition 0 1 10 2 8 Grading/Drainage 1 3 5 11 (6) Tree Mitigation 0 2 4 8 (4) Mechanical 4 8 31 35 (4) Fire Sprinkler 1 0 7 5 2 Other - Moving 0 0 1 0 1 Reroof 1 1 1 4 (3) Repair / Replace 1 0 9 3 6 Right -of -Way Use 4 2 55 35 20 Construction Mitigation 0 3 8 3 5 Wireless Comm Facility 0 0 2 0 2 TOTAL PERMITS 14 33 174 551 23 Inspections Building 44 246 Construction Mitigation 0 17 Grading/Drainage 6 46 Tree Mitigation 3 30 Right -of -Way 18 90 TOTAL INSPECTIONS 1 0 1 71 1 0 1 429 1 0 ITEM RA-4 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY JULY, 2011 Daniel Yourkoski, Acting Chief of Police FELONY CRIMES Theft 2011-001729 07/05/11 3300 block of 78th P1 NE Medina officer responded to a report of a theft of a GPS from a vehicle parked on the property. The vehicle was locked and there was no damage. Total loss: $300 Burglary 2011-001800 07/12/11 3300 block of 78th PI NE E-lert #11-18 On July 12th at approximately 1:45am a resident returned home in the 3300 block of 78th PL NE to find an unknown black male in her kitchen rummaging through her belongings. The woman screamed and the suspect fled on foot. The victim later discovered her laptop computer and flat screen television had been taken. A K-9 track was unsuccessful. It is believed the suspect gained entry to the house through a door that was left unlocked. The Medina Police have processed the scene and will be following up on leads developed from the evidence. The suspect is described as being in his mid twenties, tall, with a thin build. Fraud (ID Theft) 2011-001867 07/18/11 2400 block of 78th Ave NE Victim received a letter denying a credit card, which she never applied for. She further checked with the credit bureau and learned another account was opened and charges were made without her knowledge. Both companies were notified and accounts were cancelled. Fraud (ID Theft) 2011-001889 07/21/11 1200 block of Evergreen Point Road Victim reported fraud activity and immediately cancelled the account. Burglary (Attempt) 2011-001919 07/26/11 3400 block of 78t11 PI NE At approximately 4:45 pm a resident discovered when entering their guest house unknown person(s) attempted to take a 55" TV off the wall. The doors were not locked and the alarm was not activated. Medina officer processed the scene and will be following up on leads developed from the evidence. Malicious Mischief 2011-001948 07/28/11 3000 block of 78th PI NE Medina officers responded to a call of vandalism of a sprinkler head, a landscape light and two lamp posts. No known suspects. Total loss: $425 ITEM RA-4 MISDEMEANOR CRIMES Malicious Mischief 2011-001950 07/29/11 3000 block of Evergreen Point Rd Between 7:00 am and 3:30 pm on 7/29/11, the caretaker noticed the lamp on the post to the entrance of the driveway was broken with a stick. Estimated loss: $100 O FHER Harassment 2011-001697 07/O1/11 501 Evergreen Point Rd (City Hall) A subject called the city hall using profanity, yelling and repeating himself. No threats were made. Subject was contacted and warned if further incidents he would be charged for telephone harassment. Assault (Verbal) 2011-001736 07/06/11 500 block of Evergreen Point Rd Medina officers responded to a call of two subjects arguing. When officers arrived within minutes both parties were separated and neither party required aid. Both parties didn't want to pursue charges, and the suspect was told not to return. E-lert #11-19 (update to E-lert #10-23) On October 11 `h between 9:OOAM and 11:OOAM, a burglary occurred in the 2600 block of 79`' Ave, while the resident was out of the house (E-lert #10-23). The suspect accessed the home by prying open the front door with a pry bar. Once inside the suspects ransacked the home, removing jewelry, a laptop, and credit cards. The estimated value of items stolen was over $15,000. Medina Police processed the scene thoroughly in an attempt to identify the suspect. DNA evidence along with evidence from the City's surveillance cameras was collected and would ultimately lead to confirming the identity of the burglar. On December 21s` the Medina Police Department participated in a search warrant being executed by the King County Sheriff's office on a residence in Snohomish County related to several burglaries, including the one above that occurred in Medina in October (E-lert #10-31). A suspect is in custody and charges of residential burglary and theft are pending in the Medina case. The suspect, Keith Blair, was convicted of 13 charges in June, including nine residential burglary charges, attempted burglary, auto theft, theft of a firearm, and trespassing. On July 15`h Blair was sentenced in King County Superior Court to 15 1/2 years in prison. Blair's crime spree lasted several months and occurred in various cities around Snohomish and King Counties. He stole cash, jewelry, electronics, weapons, sporting equipment and even a car. The case came to a successful conclusion due to the cooperation that took place between multiple agencies and the dedication of the lead investigator, former Medina Officer and current King County Detective Cary Coblantz. Click on the link below for the latest press release regarding this case: http://seattletimes.nwsource.com/html/localnews/2015624815 burg;larl6m.html ITEM RA-4 HUNTS POINT MONTHLY SUMMARY JULY, 2011 Daniel Yourkoski, Acting Chief of Police FELONY CRIMES No significant felony incidents occurred during the month of July. MISDEMEANOR CRIMES No significant misdemeanor incidents occurred during the month of July. ITEM RA-4 MEDINA POLICE DEPARTMENT Daniel Yourkoski, Acting Chief of Police 41 Monthly Activity Report City of Medina 2011 Felony Crimes July 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) 2 7 1 9 Drug Violations 0 0 0 1 Fraud (ID Theft) 2 9 10 23 Vehicle Prowl 0 7 3 6 Theft (over $250) 1 3 5 7 Malicious Mischief 1 1 1 3 Arson 0 0 0 0 Auto Theft (inc Recovery) 0 1 1 1 Poss Stolen Property 0 0 1 1 Other 0 0 0 TOTAL 6 28 22 52 Misdeameanor July YTD YTD Year End Crimes 2011 2011 2010 2010 Assault, Simple 0 0 1 2 Malicious Mischief 1 4 4 7 Vehicle Prowl 0 7 2 2 Theft (Under $250) 0 4 2 6 Domestic Violence 0 2 0 0 Minor in Possession 0 0 4 4 Drug Violations 1 4 6 7 Poss Stolen Property 0 0 0 0 Total 2 21 19 28 Page 1 ITEM RA-4 MEDINA POLICE DEPARTMENT Daniel Yourkoski, Acting Chief of Police 40 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 0 0 0 Robbery 0 0 0 0 0 0 0 0 Sexual Assault/Rape 0 0 0 0 0 0 0 0 Burglary (inc Attempt) 1 0 0 0 2 2 2 7 Drug Violations 0 0 0 0 0 0 0 0 Fraud (11) Theft) 3 0 4 0 0 0 2 9 Vehicle Prowl 0 3 0 0 4 0 0 7 Theft (over $250) 2 0 0 0 0 0 1 3 Malicious Mischief 0 0 0 0 0 0 1 1 Arson 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 1 0 0 0 0 0 1 Poss Stolen Property 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 TOTAL 6 4" 4 0 6 2 6 0 0 0 0 0 28 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 0 0 0 0 0 Malicious Mischief 0 0 0 0 2 1 1 4 Vehicle Prowl 0 1 2 0 4 0 0 7 Theft (Under $250) 0 1 1 0 0 2 0 4 Domestic Violence 1 0 0 0 0 1 0 2 Minor in Possession 0 0 0 0 0 0 0 0 Drug Violations 1 0 0 0 1 1 1 4 Poss Stolen Property 0 0 0 0 0 0 0 0 Total 19 2 3 0 7 5 2 0 0 0 0 0 21 Page 2 ITEM RA-4 MEDINA POLICE DEPARTMENT is Daniel Yourkoski, Acting Chief of Police Monthly Activity Report City of Medina 2011 Traffic July YTD YTD Year End ACCIDENTS 2011 2011 2010 2010 Injury 0 0 0 0 Non -Injury 3 10 9 15 TOTAL 3 10 9 15 Traffic July YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 5 14 24 35 *Other 0 26 60 88 Total 5 40 84 123 Traffic July YTD YTD Year End' INFRACTIONS 2011 2011 2010 2010 Speeding 22 146 232 331 Parking 2 34 51 102 **Other 10 79 239 Total 34 259 522 433 July YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 51 518'' 655 1012 July YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 ` 2010 House Watch 40 226 186 334 False Alarms 44 212 226 375 Assists 36 178 172 293 Suspicious Circumstances 8 60 86 137 Property-Found/Lost 0 5 5 17 Animal Complaints 4 15 27 40 Missing Person 0 0 1 1 Warrant Arrests 1 19 32 47 ***Other 3 11 12 14 Total 136 726 747 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 MEDINA POLICE DEPARTMENT Daniel Yourkoski, Acting Chief of Police YEARLY ACTIVITY REPORT City of Medina 2011 Traffic Ik14LT, i TC! Accidents Jan Feb - Mar Apr May Jun Jul Aug Sep Oct Nov Dec ` Total Injury 0 0 0 0 0 0 0 0 Non -Injury 1 1 2 0 2 1 3 10 TOTAL 1 1 2 0 2 1 3 0 0 0 0 0 10 Traffic Citations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total, Driving Under Influence 2 1 1 2 2 1 5 14 Other 1 5 8 4 3 5 0 26 Total 3 6 9 6 5 6 5 0 0 0 0 0 40 Traffic Infractions Jan Feb- Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total , Speeding 10 18 20 29 7 40 22 146 Parking 4 8 1 0 9 10 2 34 Other 3 11 12 16 14 13 10 79 Total 17 37 33 45 30 63 34 0 0 0 0 0 259 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 65 63 57 90 92 100 51 518 Calls for Service Jan Feb- Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 17 26 36 41 27 39 40 226 False Alarms 27 35 30 22 25 29 44 212 Assists 21 20 19 16 25 41 36 178 Suspicious Circumstance 7 11 11 1 11 11 8 60 Property-Found/Lost 1 0 0 1 1 2 0 5 Animal Complaints 2 1 1 1 4 2 4 15 Missing Person 0 0 0 0 0 0 0 0 Warrant Arrests 2 2 2 1 6 5 1 19 Other 0 0 0 1 6 1 3 11 Total 77 95 99 84 105 130 136 ` 0 0 0 0 0 726 Page 4 TOW!! of Hunts Paint Felony Crimes Burglary Forgery (Identity Theft) Vehicle Prowl Theft (over $250) Possession Stolen Prop Drug Violation Auto/Boat Theft TOTAL MEDINA POLICE DEPARTMENT Daniel Yourkoski, Acting Chief of Police Monthly Activity Report Town of Hunts Point 2011 July YTD 2011 2011 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 ITEM RA-4 YTD Year End 2010 2010 0 0 1 5 0 0 1 1 0 0 0 0 0 0 2 6 Misdeameanor July YTD YTD Year End Crimes 2011 2011 _ 2010 2010 Assault, Simple 0 0 1 1 Malicious Mischief 0 0 1 1 Vehicle Prowl 0 0 0 1 Theft (Under $250) 0 0 2 6 Possession Stolen Prop 0 0 0 0 Domestic Violence 0 0 0 0 Minor in Possession 0 0 0 0 Drug Violations 0 1 0 1 Total 0 ;-1 4 10 Page 5 ITEM RA-4 MEDINA POLICE DEPARTMENT Town Of Daniel Yourkoski, Acting Chief of Police Hants pant Yearly Activity Report Town of Hunts Point 2011 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total; Burglary 0 0 1 0 0 0 0 1 Forgery (Identity) 0 0 0 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 0 0 0 Theft (over $250) 0 0 0 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 0 0 0 Drug Violation 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 0 0 0 TOTAL 0 0 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 0 0 0 Malicious Mischief 0 0 0 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 0 0 0 Theft (Under $250) 0 0 0 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 Minor in Possession 0 0 0 0 0 0 0 0 Drug Violations 0 0 0 1 0 0 0 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 Daniel Yourkoski, Acting Chief of Police Hants Point Monthly Activity Report *✓* Hunts Point 2011 Traffic July YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 0 3 1 1 Accidents 0 3 0 1 *Other 3 14 20 31 Total 3 20 21 33 Traffic July YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 0 1 5 6 Parking 0 1 6 13 **Other 4 57 163 264 Total 4 59 174 283 July YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 10 95 ` 112 193 July YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 House Watch 1 9 15 23 False Alarms 6 30 41 67 Assists 1 17 25 40 Suspicious Circumstances 0 8 10 17 Property-Lost/Found 0 0 0 1 Animal Complaints 0 1 2 4 Missing Person 0 0 0 0 Warrant Arrests 0 1 1 3 ***Other 0 0 1 1 Total 8 66 95 156 *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 g Daniel Yourkoski, Acting 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 0 0 0 3 Accidents 0 0 0 0 2 1 0 3 Other 3 1 3 1 2 1 3 14 Total 4 2 3 2 4 2 3 0 0 0 0 0 20 Traffic Infractions Jan Feb 'Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total , Speeding 1 0 0 0 0 0 0 1 Parldng 0 0 0 0 0 1 0 1 Other 9 2 13 3 16 10 4 57 Total 10 2 13 3 16 11 4 0 0 0 0 0 59 Warnings Jan Feb 'Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 8 16 20 11 16 14 10 95 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 1 1 0 1 2 3 1 9 False Alarms 5 2 3 6 4 4 6 30 Assists 2 1 2 3 2 6 1 17 Suspicious Circumstances 3 1 1 0 2 1 0 8 Property-Lost/Found 0 0 0 0 0 0 0 0 Animal Complaints 0 0 0 1 0 0 0 1 Missing Person 0 0 0 0 0 0 0 0 Warrant Arrests 1 0 0 0 0 0 0 1 Other 0 0 0 0 0 0 0 0 Total 12 5 6 11 10 14 8 0 0 0 0 0` 66 Page 8 ITEM RA-4 CITY OF MEDINA Office of the City Manager August 3, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: July 2011 Public Works Report 1. The City staff moved back into City Hall on July 26th. The move was completed without a hitch. Staff is still unpacking and getting settled in, but it is good to be in our new offices and workspaces. The contractor continues to work in and around the building completing painting, trim work, mechanical systems, alarm system, etc. The barrier fencing has been removed and the new sod has been installed around the building. Remaining work includes the completion of the irrigation system and restoration of the irrigation for the remainder of the park. The audio visual system in the council chamber is still in testing mode, but should be ready for the Council meeting on August 81h. Dedication of the building is to occur on August 8th 2. The SR 520 Eastside Transit and HOV Project design and construction by the design/build contractor Eastside Corridor Constructors (ECC) of the Evergreen lid began with the temporary relocation of the pathway to the freeway transit stop and the excavation for the bridge footings on the north and south sides of the lid next to Fairweather Park and Three Points Elementary School. The latest 19 stall temporary park & ride lot situated on the west side of Evergreen Point Road (across the street from Fairweather Park) was completed and I observed on July 281h that 33 cars were able to park in the lot. ECC holds weekly meeting to discuss the scheduled work and maintenance of traffic, monthly meetings for coordination of utility relocation work, and initial permit requests. Review of the project roadway and preliminary freeway crossing lid designs and landscaping (Evergreen Point Road lid and 84th Ave NE lid) were accomplished with follow up meetings held with City Technical Review Staff, WSDOT representatives, and ECC members to discuss the review comments. My comments included simplification of the lid landscaping palette to minimize maintenance, and a request for further traffic analysis of the roundabout design during and following construction of the 84th lid. WSDOT has indicated that that interim traffic analysis will be ready in approximately two months. ECC provided early traffic staging schemes (see attachment) for the various phases of the 841h lid construction that included: retention of the existing three lane bridge and construction of the new westbound on -ramp with the northbound center lane providing access via a left turn to the ramp; outside northbound lane and southbound lanes for access to and from Hunts Point until the east portion of the new lid is completed by fall of ITEM RA-4 2012. The reconfiguration of the traffic lanes between NE 24t" and Points Drive is expected to occur during this initial stage. In addition, while no HOV lanes will be provided across the 84t" lid, the westbound on -ramp will have an HOV lane that can continue to be utilized as a 2+ carpool lane. Upon completion of the eastern portion of the 841" lid the three traffic lanes will be shifted to the eastern portion of the lid (fall 2012 to spring of 2013). During the spring of 2013 the roundabout will be built and traffic patterns will conform to the ultimate final traffic lane configurations. 84th Avenue N.E. Lid An evaluation of the ultimate roundabout configuration was completed by Transpo Group in July and the traffic simulation results indicate smooth flowing traffic throughout the local roadway network without significant delays or queues. The evaluation included examination of traffic accident incident impact on the function of the roundabout and it concluded that while blocking incidents could create back-ups, they can be cleared in less than 10 minutes. The study recommended two mitigation items: installation of "DO NOT BLOCK" signage at the roundabout entries, and installation of wiring and conduit to allow for installation of meters or signals at the roundabout entries in the future to control vehicle entry to the roundabout should they become warranted. 3. NE 12t" Street/Lake Washington Blvd Traffic Safety Improvement Project began with the removal of the pavement in the new median island, removal of portions of the sidewalks for the new ADA sidewalk ramps, and the pouring of part of the new median curbs. During the median excavation of the traffic island at 88t", it was discovered that the street has an underlying concrete street. In order for the new plantings to be installed, the old concrete street within the island needs to be removed at an added cost to the project of approximately $5,500. This expense was not anticipated and exceeds the budget for the project. Since the Council elected to use the PSE proposed gateway light standard, the installation of a street light electrical control panel will not be required and 2 ITEM RA-4 this deletion will provide a credit to offset some of the cost of the concrete removal. Project completion is anticipated to be before school starts. 4. Public Works continues to work out of the shop building and yard that have been severely impacted by the ATC Shop Addition project. The shop building new office area and equipment storage bays are nearing completion. Public Works ATC Shop Addition The Public Works crew assisted with the move to City Hall, moved the excess furniture items from the temporary office trailers to the shop equipment storage area for inventory and surplus of those items that will not be reused, and assisted in the vacating of the Public Works office trailer. The temporary City Hall trailers and the Public Works office trailer will be removed from the sites next week. The items for surplus include desks, workstations, bookcase shelves, partitions, metal file cabinets, chairs, hanging plan racks, table, two old printers, a conference table, and nine fixed 72" by 32" windows. Since all of the items are used and their value is unknown, with Council's approval these items will be inventoried and listed on Craig's List for sale. A final list of the surplus items and the amount paid for each will be compiled and provided upon completion of their disposal. 3 ITEM CA-1 DRAFT MEDINA CITY COUNCIL REGULAR MEETING MINUTES St. Thomas School, Commons Room 8300 Northeast 12 Street, Medina Monday, July 11, 2011; 6:30 pm Mayor Bret Jordan called the July 11, 2011 Regular Meeting of the Medina City Council to order at 6:34 pm. ROLL CALL Council Members Present: Doug Dicharry, Bret Jordan, Katie Phelps, Janie Lee, ,Mark Nelson, and Shawn Whitney Council Members Absent: Patrick Boyd (excused) City Staff Present: Donna Hanson, City Manager; Bruce Disend, City Attorney, Kenyon Disend; Dan Yourkoski, Acting Police Chief; Robert Grumbach, Development Services Director; Joe Willis, Public Works Director; Nancy, Adams, Finance Director; and Rachel Baker, City Clerk Motion Nelson and second Dicharry to excuse council member Boyd's absence and motion carried 6-0 at 6.35 pm. Mayor led members of the audience, council members, and City staff in the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Motion Whitney and second Lee to add discussion item concerning public relations and motion carried 6-0 (Boyd absent) at 6:37 pm. Motion Lee and second Whitney to add executive session at conclusion of other business concerning complaint of a City employee. Motion failed 3-3 (Lee, Phelps, and Whitney in favor, Dicharry, Jordan, and Nelson opposed, and Boyd absent) at 6.38 pm. MOTION NELSON AND SECOND DICHARRY TO ADOPT AGENDA AS MODIFIED AND MOTION CARRIED 4-2 (LEE AND WHITNEY OPPOSED, BOYD ABSENT) AT 6:39 PM. PUBLIC COMMENT Mayor read guidelines concerning public comment period and opened floor to public comments at 6:39 pm. ITEM CA-1 DRAFT Medina resident Steve Brustkern voiced the people elected the council to build a team and to do something for the community, but it has not been a team builder. Medina resident Connie Gerlitz requested council consider adding an additional one - minute public comment period at end of agenda. Mayor closed public comment period at 6:43 pm. REPORTS AND ANNOUNCEMENTS Council member Lee expressed her concerns related to City's current legal counsel and inquired about personal indemnification as a council member if a lawsuit is filed. Council member Whitney reported on behalf of finance committee that a thorough examination was conducted of 2010 gasoline receipts for the police department and reasoned its analysis revealed the expenses were not unreasonable or improper. Planning commission chair O'Brien delivered brief update regarding the shoreline master program. Emergency committee chair Koelemay informed council that during Medina Days the emergency committee will have a tent set up and plans to hold a radio scavenger hunt for kids. City Hall construction project manager Dave Clark summarized status of project, including budget, change orders, and construction schedule. Mr. Clark responded to questions concerning west facing exterior stairs and south facing asphalt paving. He said the next council meeting will be held in the council chambers. City manager pointed out the park board's discussion concerning wireless light pole option in Fairweather Park and inquired whether council desires to address matter. Mayor responded it is not an agenda item and the matter was not requested to be placed on the agenda. Development services director said SR 520 Go To Go passes will be on sale in Medina Park July 13, 14, 23 and 24. Council member Whitney requested the next public records request report include response dates and following brief discussion mayor supported her request. City Council Minutes July 11, 2011 Page 2 ITEM CA-1 DRAFT CONSENT AGENDA Mayor pointed out a corrected page two for the June 13, 2011 City Council Regular Meeting minutes was placed at dais to replace that which was distributed in agenda packet. MOTION DICHARRY AND SECOND NELSON TO ADOPT CONSENT AGENDA AS CORRECTED AND MOTION CARRIED 6-0 (BOYD ABSENT) AT 7:17 PM. - Approval of Corrected June 13, 2011 City Council Regular Meeting Minutes - Approval of June, 2011 Check Register Claim check numbers 51737 through 51826 in the amount of $422,240.00, and payroll check numbers 3265 through 3282 in the amount of $203,419.70. There were no voided AP, cancelled AP, or voided payroll checks. - Receipt of Approved March 16, 2011 Emergency Committee Meeting Minutes - Receipt of Approved May 16, 2011 Park Board Meeting Minutes - Receipt of Approved May 24, 2011 Planning Commission Meeting Minutes - Adoption of Six -Year (2012-2017) CIP/TIP and Resolution - Close Tabled Item from 06/13: WSDOT/FWHA Proposed de minimis Section 4(f) Determination for Fairweather Park - Revised Contract for Professional Services, Wireless Consultant - Amendment to Shoreline Consultant Contract OTHER BUSINESS Fairweather Park Temporary Construction Easements for SR 520 Construction (7:18 pm) Public works director summarized easement agreements and said he would reach out to Fairweather -area residents who have contact him to provide schedule and map and as part of the temporary lease easement agreement require contact with impacted residents. MOTION DICHARRY AND SECOND NELSON TO AUTHORIZE THE TEMPORARY USE OF FAIRWEATHER PARK FOR SR 520 CONSTRUCTION AS SHOWN ON EXHIBIT "A" AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND SIGN TEMPORARY CONSTRUCTION EASEMENT AGREEMENT(S). MOTION CARRIED 6-0 (BOYD ABSENT) AT 7:28 PM. Public Relations (7.28 pm) Council member Whitney communicated concerns related to lack of a city/council media/public relations policy and portrayal of the City in recent press. MOTION DICHARRY AND SECOND WHITNEY TO SUPPORT CURRENT POLICY THAT ALL MEDIA INQUIRIES ARE REFERRED TO AND RESPONDED BY THE CITY MANAGER. MOTION CARRIED 6-0 (BOYD ABSENT) AT 7:40 PM. Council Agenda Calendar (7.•40 pm) Council member Lee requested July 25 agenda item to discuss city attorney contract and mayor confirmed July 25 addition of discussion regarding public comment agenda City Council Minutes July 11, 2011 Page 3 ITEM CA-1 DRAFT placement. There was no consensus to continue city council guidelines discussion and item was removed from calendar. ADJOURNMENT MOTION WHITNEY AND SECOND PHELPS TO ADJOURN THE JULY 11, 2011 REGULAR MEETING OF THE MEDINA CITY COUNCIL AND MOTION CARRIED 6-0 BOYD ABSENT AT 7:48 PM. The July 11, 2011, Regular Meeting of the Medina City Council adjourned at 7:48 pm. The Medina City Council will hold a Study Session, Monday, July 25 at 6:30 pm in the Commons Room at St. Thomas School. The next Regular Meeting of the Medina City Council will be held Monday, August 8, 2011, at 6:30 pm in the Council Chambers at Medina City Hall, 501 Evergreen Point Road, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk Council Minutes July 11, 2011 Page 4 ITEM CA-2 DRAFT MEDINA CITY COUNCIL SPECIAL MEETING MINUTES St. Thomas School, Commons Room 8300 Northeast 12 Street, Medina Monday, July 25, 2011; 6:30 pm CALL TO ORDER Mayor Bret Jordan called the July 25, 2011 Special Meeting of the Medina City Council to order at 6:36 pm. ROLL CALL Council Members Present: Doug Dicharry, Bret Jordan, Katie Phelps, Janie Lee, and Mark Nelson Council Members Absent: Patrick Boyd (excused) and Shawn Whitney (excused) City Staff Present: Donna Hanson, City Manager; Dan Yourkoski, Acting Police Chief; Robert Grumbach, Development Services Director; Joe Willis, Public Works Director; Nancy, Adams, Finance Director; and Rachel Baker, City Clerk Motion Nelson and second Phelps to excuse absences of council members Boyd and Whitney and motion carried 5-0 at 6:37 pm. DISCUSSION City Entrance Signs & Gateway/Lake Washington Boulevard (6:37 pm) Joe Willis provided a summary of project and Colie Hough -Beck from HBB Landscape Architecture initiated discussion related to City gateway signage design. Council agreed to refer matter to the Medina Park Board in order for the body to formulate a recommendation to the council. Direction from council for character of City signage included: monument -like, sustainable, created from natural materials, and to be able to maintain consistency with other entry signs for replication throughout City. 2012 Budget Discussion (7.•02 pm) Finance director and city manager provided an overview of 2011 and preview of 2012 annual budgets. Staff and council members discussed draft financial policies with attention focused toward fund reserves, purchasing and reporting, petty cash process, and debt and investment policies. Following discussion it was determined finance committee will revisit reporting and budget monitoring portion of policy, a proposed ordinance revising petty cash balance may move to August consent agenda, an executive session for purpose of labor negotiations may be ITEM CA-2 DRAFT scheduled outside of August regular meeting if necessary, and a revised policy draft will be provided to council at a future meeting. Council members briefly discussed revenue streams, 2011 and 2012 budgets, and requested a footnote on budget calendar to explain why dates remain tentative and a definition of the purpose of the August public hearing published on the City's website to educate members of the public. Council favored direct input from planning commission and park board for 2012 budget requests. Public Comment Placement on City Council Agenda (8:14 pm) City manager summarized citizen request. Following dialogue council decided to begin holding a ten-minute "open mic" period for public comment following completion of agenda items beginning August 8 for a three month period and specified the ten-minute period may be extended upon motion of the council. Discussion Regarding Professional Services Contract for Legal Services (8.29 pm) Council member Lee detailed why she requested agenda item and voiced she wanted to go on record that she "...does have a concern that engaging the current attorney puts more pressure on the council in terms of their judgment and due diligence in terms of engaging an attorney when we can hire any attorney that we possibly can..." Council member Lee requested to receive a written copy of the Washington Cities Insurance Authority indemnification coverage extended to council members no later than next. Tuesday and the city manager conveyed that it would be provided to all council members as requested. ADJOURNMENT MOTION PHELPS AND SECOND DICHARRY TO ADJOURN THE JULY 25, 2011, SPECIAL MEETING OF THE MEDINA CITY COUNCIL AND MOTION CARRIED 5-0 BOYD AND WHITNEY ABSENT AT 8:44 PM. The July 25, 2011, Special Meeting of the Medina City Council adjourned at 8:44 pm. The Medina City Council will hold a special meeting Monday, August 8, 2011, at 5:00 pm and its next regular meeting Monday, August 8, 2011, at 6:30 pm. Both meetings will be held in the Council Chambers at Medina City Hall, 501 Evergreen Point Road, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes July 25, 2011 Page 2 ITEM CA-3 CITY OF MEDINA August 4, 2011 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: July 2011 Finance Report The July 2011 Financial Reports include: • July 2011 Revenue & Expense Summary • July 2011 AP Register Activity Detail Revenue: Key Items for 2011 Revenue include: • Property Taxes of $1.3M YTD 2011 are $70K higher than YTD 2010. • Sales Taxes are $50K higher for YTD 2011 compared to 2010. • Utility Tax & Franchise Fee Revenue is $154K as of July 30th. Major Payments will be made in April, July, October and January. (Payments are received one month after the end of the Quarter.) $154K represents 2 Quarters of 2011 Revenue. The 4t' Quarter payment will be made in January 2012. • Licenses/Permits are $71 K higher for YTD 2011 compared to 2010. • Intergovernmental Revenue: We have received 2 Quarters of Payments from Hunts Point for Police Contracted Services. 2011 Billing will be ($27K) lower than Budget due to credits for Actual Expenditures for 2010. • Planning & Development Revenue is $141 K YTD 2011 compared to $74K for YTD 2010. • Fines, Traffic Infractions: Kirkland Municipal Court has only paid us for 5 months of the year due to a clerical error which they have fixed. Once they pay us, we will most likely still trend low in this line item by @ ($30K) for the year. • REET (Real Estate Excise Tax) Revenue is at $696K YTD 2011 compared to $182K for YTD 2010. Total Revenue (for all funds) is $827K higher for YTD 2011 than YTD 2010. We are on target to meet our 2011 Revenue Projections. Hunts Point ($27K) and Kirkland Court ($30K) are the only projected unfavorable variances at this time. Expense: Key items for 2011 Expense include: • General Fund Expenditures were ($96K) lower for YTD 2011 than YTD 2010. City Hall Project: City Hall Expenditures for July 2011 YTD are: $1.7M City Hall Expenditures for 2010 were: $496K Total City Hall Expenditures for 2010 & 2011 YTD are: $2.2M Cash & Investments: Cash balances for all funds were $4.7M as of 7/31 /2011. 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Simeone reviewed the need for improved spaces for the church and for the various community groups that rely on their facilities. Those in attendance included: Emergency Committee Chair Kay Koelemay, Medical Chair Marita Acheson and Communications Committee Members Doug Dicharry and Gary Sultan. APPROVAL OF MINUTES MOTION ACHESONlSECOND KOELEMAY TO APPROVE March 16, 2011 MEETING MINUTES AS WRITTEN. MOTION APPROVED. MAP YOUR NEIGHBORHOOD PROGRAM Chair Koelemay opened the program with a reminder of the May 18, 1980 eruption of Mount St. Helens, as well as footage of what might occur to a structure such as the 520 Bridge, during an earthquake. She stressed the importance of citizens becoming prepared for disaster. Koelemay introduced Rosanne Garrand, Public Education Program Coordinator from the Washington State Department of Emergency Management. Garrand presented an introduction and overview of the MAP YOUR NEIGHBORHOOD PROGRAM, highlighting the first nine steps to take when disaster strikes. She explained that knowing what to do in the first hours of a disaster response might help save lives, reduce possible injuries and reduce the amount of damage that a neighborhood sustains. The location and role of the Neighborhood Gathering Site was described, as well as that of the Neighborhood Care Center. She noted that the MAP YOUR NEIGHBORHOOD meetings would also help to identify the skills and equipment each neighbor has that are useful in an effective disaster response. Garrand pointed out the use of the Neighborhood Map, showing the locations of natural gas meters and propane tanks, as well as the neighbors who are elderly, those with disabilities and children who may be alone. The Neighborhood Contact List and its importance were explained. Following the overview of the neighborhood program, DVD's and brochures were distributed to those in the audience, according to their desires. ITEM CA-4 RESPONDING TO NATURAL GAS LEAKS Dorothy Bracken, Puget Sound Customer Communications Manager, spoke to the method of response to natural gas leaks during disaster. She said that all occupants of a home should know how and when to turn off gas. She said that if you smell gas, after an earthquake or other emergency, shut off the meter valve, found at the first fitting on the supply pipe coming out of the ground. On a display meter, she described the method for doing so, with a wrench. Bracken noted the importance of keeping the wrench close to the meter and instructed that the gas company must be contacted in order to get service restored. ROLE OF MEDINA RADIO GROUP Doug Dicharry, Communications Committee, explained the collective communications capabilities provided by resident amateur radio operators, known as the Medina Amateur Radio Emergency Net (MAREN) and the Medina Public Service Radio Group (MPSRG). He pointed out that anyone with an interest in obtaining an amateur radio operator license can do so without too much difficulty. Dicharry described the role of the Medina Radio Group. He explained that the City of Medina operates a FFC-licensed high -band VHF radio system and that the system is comprised of a repeater system, several fixed base station radios, several mobile radios and a number of hand-held portable radios. He said that the purposes for this radio system are two -fold. In non -emergency conditions, the radio system primarily supports the on -going operations of the City in their day-to-day activities. During times of declared or obvious emergency conditions, the system is intended to be used to provide communications between the city's neighborhoods and the City Emergency Operations Center (EOC). He noted that there is established an operational protocol for the City radio system during times of declared emergency and any training exercises associated with preparation for emergencies. Dicharry also described the Incident Command System, the method used for command, control and coordination of emergency response. Gary Sultan, Communications Committee, then described some of the numerous capabilities of the communications equipment on display. MEETING SCHEDULE The next Medina Emergency Committee Meeting was scheduled for Wednesday, July 20, 2011. Minutes taken by: is Finnigan Emergency Preparedness Coordinator 2 ITEM CA-5 CITY OF MEDINA Park Board Meeting Minutes June 20, 2011 St. Thomas Church, Music Room 8398 NE 12'h Street CALL TO ORDER Chair called the June 20, 2011 Park Board meeting to order at 6:07 pm. ROLL CALL Present: Marelaine Dykes, Susan Flagg, Susan Loren -Taylor, Matt Kochel, Ross Mickel Absent: Gabriele Dickmann, Laura Weingaertner Staff Present: Joe Willis, Director of Public Works; Pamela Greytak, Admin. Assistant ANNOUNCEMENTS No announcements. MOTION KOCHEL AND SECOND DYKES TO MOVE AUDIENCE PARTICIPATION TO BE FIRST AGENDA ITEM. MOTION PASSED 5-0. 6:07 m AUDIENCE PARTICIPATION Temporary Fairweather Park & Ride (6:09 pm) The following Medina and Hunts Point residents spoke in opposition of WSDOT's proposal to install a temporary park and ride lot and equipment staging area in Fairweather Preserve: John Maffei, Eric Elgin, David Langworthy, Meredith Constant, Laurel Preston, Cindy Adkins, Ron (last name inaudible), Kristen Edelhertz, Dave Martin, David Doud, Heija Nunn, Gretchen Stengel, Penny Martin and Alex Morcos. Residents also voiced concern over the previous weekend's SR-520 construction hours and noise. Willis and Board members responded to their concerns and answered their inquiries. Jan Deaton spoke in opposition of WSDOT's plan to install an access path from the regional bike path thru Fairweather Preserve. She noted security and privacy concerns that could result if the path were installed. Tobey Bryant expressed that she was in favor of WSDOT's proposal to provide a temporary park and ride because her grandmother regularly utilizes the Evergreen Point Road park and ride due to its convenience. However, Ms. Bryant also expressed sympathy over neighbors' concerns and said she did not want the park to disappear. Ms. Bryant also spoke about the benefits of having the Fairweather sports practice field. Residents voiced concern over the proposed Fairweather Preserve tower light design option. Council members, Willis, and the board discussed the matter and encouraged residents to submit their design preferences via email. Park Board Minutes Page 1 June 20, 2011 ITEM CA-5 IMOTION MICKEL AND FLAGG SECOND TO EXTEND MEETING 30 MINUTES. MOTION PASSED 5-0. (7.00 =) Board members and residents discussed the idea of the city issuing residents and park users parking permits at Fairweather Preserve. MOTION DYKES AND SECOND MICKEL TO RECOMMEND TO CITY COUNCIL TO NOT AGREE TO TEMPORARY PARK AND RIDE OR EQUIPMENT STAGING AREA TO BE BUILT AT FAIRWEATHER PARK. MOTION PASSED 5-0. 7:06 pTJ Council members Whitney and Lee were also in attendance and conversed with the community regarding SR 520 construction work; a temporary park and ride; proposed Fairweather Preserve tower light pole; and city communication concerns. City Hall Construction (7.26 pm) Ms. Edelhertz voiced concern over the exterior stairs that were added on to the new city hall building. She stressed that the Medina Beach Park is shrinking and the stairs are encroaching on the park. Ms. Edelhertz invited park board members to join her in a meeting with City Manager Donna Hanson at 10 a.m. on Tuesday to discuss her concerns and review the possibility of modifying the building's interior in order to eliminate the exterior stairs. MOTION MICKEL AND SECOND KOCHEL TO EXTEND MEETING 15 MINUTES. MOTION PASSED 5-0. (7.30 pm) MOTION DYKES AND SECOND FLAGG TO RESTATE OUR DESIRE TO PRESERVE PARK SPACE IN MEDINA BEACH PARK SPECIFICALLY IN RESPECT TO STAIRWAY ENCROACHMENT. MOTION PASSED 5-0. 7.36 pm MINUTES MOTION MICKEL AND SECOND FLAGG TO APPROVE THE MAY 16, 2011 PARK BOARD MINUTES AS WRITTEN. MOTION PASSED 5-0. (7:40 pm) PARK REPORTS Medina Park (7:40 pm) Loren -Taylor described the precise location of dead trees in Medina Park. She also noted that blackberry bushes in the park need to be cutback. Mickel reported that Wells -Medina Nursery owners said they do not have adequate space to display Windsong temporarily. View Point Park: (7:42 pm) Loren -Taylor reported that there is graffiti on the picnic table in View Point Park. MOTION MICKEL AND SECOND DYKES TO EXTEND MEETING FIVE MINUTES. MOTION PASSED 5-0. (7.43 pm) Park Board Minutes Page 2 June 20, 2011 ITEM CA-5 Medina Beach Park: (7.44 pm) Board members agreed there were too few trashcans in Medina Beach Park. Dykes suggested asking local school officials to remind students to remember to clean up their trash in the parks. Indian Trail: (7:46 pm) Flagg reported that the tall weeds growing along Indian Trail had been trimmed. MOTION MICKEL AND SECOND DYKES TO EXTEND MEETING ONE MINUTE. MOTION PASSED 5-0. (7.46 pm) Flagg distributed a sample of a "fido baggy" that the City of Kirkland uses in their parks. ADJOURNMENT MOTION MICKEL AND DYKES SECOND TO ADJOURN JUNE 20, 2011 PARK BOARD MEETING. MOTION PASSED 5-0. (7.47 PM) The next Park Board meeting will be held Monday, July 18, 2011 at 6:00 pm. Minutes taken by: Pamela Greytak, CIVIC Administrative Assistant Park Board Minutes Page 3 June 20, 2011 ITEM CA-6 CITY OF MEDINA Planning Commission Meeting June 28, 2011 St. Thomas Church Music Room 6:30 p.m. 8398 NE 12th St. CALL TO ORDER The Planning Commission meeting of June 28, 2011, was called to order at 6:30 PM by Chair O'Brien. ROLL CALL Present: Molly Goudy, David Lee, Peter May, Heija Nunn (arrived 6:39 PM), Judie O'Brien, Jeff Price (arrived approximately 6:45 PM), Ching -Pi Wang Absent: None Staff Present: Robert Grumbach, Development Services Director Donna Goodman, Development Services Coordinator ANNOUNCEMENTS (6:32 PM) Grumbach made the following announcements: • There is a phone number to call for complaints about the construction activity related to the SR-520 project. • City Hall is nearing completion. The move -in date has not yet been determined. APPROVAL OF MINUTES (6:34 PM) MOTION WANG / SECOND MAY TO APPROVE MAY 24, 2011, MEETING MINUTES AS SUBMITTED. APPROVED 5-0 (6:34 PM). COMMENTS BY DAVE DOUGLAS ON PAGE TWO AMENDED AT REQUEST OF DAVE DOUGLAS (6:48 PM AUDIENCE PARTICIPATION (6:34 PM) Charlie Klinge stated that he is a land use attorney in Bellevue and representative for Sensible Shorelines Association in Shoreline and Renton, but not representing any particular client in Medina. He addressed the commission regarding the shoreline master program, stating that there is a miscommunication with what the Department of Ecology is telling planners and what the rules actually require. Klinge stressed that the commission should read the WAC because there are only certain mandates, fewer than the Corps of Engineers and Ecology are claiming. He advised that the commissioners review the evidence very carefully and stated that Medina ought to be able to make decisions about what fits here. Suzanne Cohen stated that she is a twenty-five year Medina resident and that she had recently purchased a waterfront property. She suggested that the overall philosophical approach should be to propose the least restrictive rather than the most restrictive in order to avoid burdening residents with unnecessary regulations. Cohen also suggested that notice to the homeowners had been insufficient and that the city should do more to get the message out. She also stated that the requirements for the rebuilding of existing docks should be less restrictive than for building new docks, and that the real problem for water quality was the city's storm water discharge which goes from the streets to Lake Washington and that there is nothing in the plan to address that. David Douglas, Integrity Shoreline Permitting, addressed the commission and requested a correction to the minutes to more clearly reflect his statement at the previous meeting. There was a consensus by the commissioners to do so. He emphasized that the setbacks as proposed were ridiculous and addressed non- conforming structures and the Department of Ecology handbook. Discussion followed on the overall approach to the proposed regulations. OTHER BUSINESS 1) Securing Abandoned Homes (7:03 PM) O'Brien announced that she had requested that Grumbach put this topic back on the agenda because she felt the new ordinance did not adequately address the problem and that she would like further discussion on this issue. Commissioners inquired about the City's actions on these situations. Grumbach explained that the decision to take action or not is ultimately a policy decision and that the city attorney and the city's insurance carrier (WCIA) had both advised against stepping in at the site on 781h Ave. N.E. Joe Meisenheimer addressed the commission. He stated he lived between two existing problem sites and stressed that child safety should be the paramount consideration. He also pointed out that the northern boundary of the hole was sliding away and could eventually adversely impact the property to the north since the sliding edge is very close to the property line. The commissioners discussed the issue, including the possibility of requiring performance bonds for future development. Fred Burnstead, Medina resident, stated that he had been in the construction business a long time and that performance bonds are not a solution due to the difficulty for contractors to obtain them these days. Planning Commission Minutes Page 2 June 28, 2011 Jim Gerardo, Medina resident, stated that the issue is larger than the problem of the lots noted; that there also are vacant homes in the City due to foreclosures. He stated that the city attorney should be made aware of the community's concerns and should report to the commission so they can decide the best action. Chair O'Brien clarified that the Planning Commission is only an advisory body to the City Council. However, there was a consensus that the City should do more to alleviate the problem. The commissioners requested that Grumbach ask the City attorney and the WCIA to provide a report containing an analysis of the City's options and the risks associated with these options. Grumbach agreed, but noted the City manager will need to approve the request. 2) Shoreline Master Program Update — Development Regulations, Shoreline Modification Regulations (continued discussion) (7:41 PM) Grumbach summarized the decision at the last meeting to send the shoreline setback issue back to the advisory committee and the commissioners agreed to move forward with the other provisions in the document. He explained that on docks and piers, the draft proposes different standards for existing versus new based on the fact that the community is mostly built -out. . He also added there was a third option for nonconforming docks and piers to follow the rules of nonconformity, which will likely be suggested to be consistent with those found in the zoning code. The commissioners discussed whether there should be a requirement for a residence on a lot in order to build a dock. David Douglas commented that the Department of Ecology will not allow a dock without a house as a dock is considered an accessory to a single family residence. However, there was a consensus to change the provision to allow a dock to stand alone on a lot. Discussion continued on Section 20.65 regarding the standards in the table. May suggested the width of the walkway for existing docks should be 6 feet. He felt that 4-5 feet was not wide enough. He also said he is not as concerned about new structures, because there will be so few of them, and that the section pertaining to covered moorage needs refinement. Discussion occurred on requirements for new vegetation. Alex Morcos, resident, suggested that vegetation can prevent the ability to see children playing in the water and also compromises views. Grumbach responded that they can work on this section to keep it more flexible. O'Brien suggested that it not be mandatory. Resident Steve Burnstead addressed the public noticing of this issue and also stated that the city should not place additional regulations on property owners over and above those that are required as a minimum. He expressed disappointment at the overall flavor of the document, that instead of defending the rights of the property owners it adds additional layers of regulation. He suggested the commissioners read what other jurisdictions have come up with, such as Bellevue and Mercer Island, and that a different approach needs to be taken. Planning Commission Minutes Page 3 June 28, 2011 MOTION NUNN / SECOND LEE TO REQUEST A JOINT STUDY SESSION WITH THE CITY COUNCIL AFTER SENDING OUT AN ADDITIONAL MAILING WITH THE MOST RECENT DISCUSSION DRAFT. (8:41 PM) FOLLOWING FURTHER DISCUSSION NUNN WITHDREW THE MOTION (8:47 PM) Lee moved to amend the motion to open up the discussion to appropriate contacts at appropriate cities and Grumbach pointed out that they don't yet have a complete document to share with others. Fred Burnstead noted that the people not on the shoreline but living within 200 feet of the lake don't realize that their properties are included in these regulations and that the city should find a way to inform them that they will be affected. Nunn suggested a more eye-catching color for the post cards. May suggested it would be premature to have a meeting with the council and Nunn withdrew the motion. Grumbach announced that at the next meeting they will begin at page 35. 3) Comprehensive Plan Amendment on Streetscape (continued discussion from February 2011 meeting) This item was not discussed. May "made a motion" to thank Molly Goudy for her service to the Planning Commission as this was her final meeting and all expressed their appreciation. ADJOURNMENT MOTION NUNN / SECOND LEE TO ADJOURN JUNE 28, 2011 PLANNING COMMISSION MEETING. APPROVED 7 -0 (8:49 PM) The next Planning Commission meeting will be held on July 26, 2011, at the St. Thomas Great Hall Music Room. Minutes taken by: Donna Goodman Development Services Coordinator Planning Commission Minutes Page 4 June 28, 2011 Medina City Council Regular Meeting ITEM CA-7 Monday, August 8, 2011 AGENDA BILL Subject: 2011 Petty Cash Ordinance Category: E Consent E Ordinance ❑ Public Hearing El City Council Business ❑ Resolution ❑ Other — Discussion Prepare": : Nancy Adams, Finance Director Summary: During the July Study Session, City Council reviewed Draft Financial Policies. As part of the Policy Review, the Finance Director discussed Petty Cash Ordinance No. 593 which was adopted in 1994 and was not consistent with present fund balances. The City of Medina has established a "Petty Cash Fund" in the initial sum of $100.00. The Sum Amount shall be Amended to establish a Petty Cash Fund in the Amount of $200.00. Attachment: Ordinance 2011 — Petty Cash (Amending Ordinance No. 593) Py4g_qt/Fisc;# Impact; None. Staff Recommendation: ApprQ\(al Cif _Manager . App Proposed Council Motion: I niov-e approval of Ordinance Amending the 1994 Petty cash ordinance number 593. ITEM CA-7 CITY OF MEDINA, WASHINGTON ORDINANCE NO AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING ORDINANCE NO. 593 WHEREAS, the Medina City Council enacted Ordinance No. 593 on December 22, 1994 establishing a Petty Cash Fund. WHEREAS, it is necessary to increase the dollar amount of the Petty Cash Fund. WHEREAS, this ordinance has been approved at least five days after its introduction as required by RCW 35A.33.090. SECTION 1. Establishment of a Petty Cash Fund There is established in the City of Medina a fund to be known as the "Petty Cash Fund". This fund is to be used solely for the purpose of making payment and/or small reimbursements for city related purchases. SECTION 2. Amount of Petty Cash Fund The fund shall be established in the City of Medina in the initial sum of $100.00. SUM AMOUNT SHALL BE AMENDED to establish a Petty Cash Fund in the amount of $200.00. SECTION 3. EFFECTIVE DATE The effective date of this ordinance shall be five (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 8T" DAY OF AUGUST 2011, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 8T" DAY OF AUGUST 2011. Approved as to form: Bruce Disend, City Attorney Passed: Published: Effective Date: 1 of 2 Mayor Attest: Rachel Baker, City Clerk ITEM CA-7 SUMMARY OF ORDINANCE NO. of the City of Medina, Washington On August 8, 2011 the City Council of the City of Medina, Washington, adopted Ordinance No. , the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING ORDINANCE NO. 593 The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of August 8, 2011. Rachel Baker, City Clerk 2of2 Medina City Council Regular Meeting ITEM PH-1 Monday, August 8, 2011 AGENDA BILL Subject: Public Hearing for 2012 Budget Planning Category: ❑ Consent ❑ Ordinance ® Public Hearing g ❑ City Council Business ❑ Resolution ❑ Other — Discussion Prepared By. _Nancy Adams, Finance Director Summary Planning and Public input for the 2012 Annual Budget will be important as we continue to meet our Strategic Finance Goal of addressing the long-term sustainability of ongoing revenues and expenditures for the City and developing sound financial policies in support of City Council Strategic Goals. The purpose of the Public Hearing is to provide an opportunity for residents to communicate their priorities in the areas of programs, services, potential revenues and/or potential cuts prior to the development of the Preliminary 2012 Budget Draft and Council Discussions beginning in September. As of July 31, 2011, the 2011 Fiscal Year has shown an increase in Operating Revenues of $361 K including utility tax and a decline in Operating Expenses of ($96K) compared to Fiscal Year 2010. (This does not include Capital). We are on track to meet our 2011 Revenue and Expense Budget Projections. Attachment(s): City Council 2011 Strategic Goals 2012 Budget Calendar 2012 Budget Prep Planning Document _Bud /FiscaI ITpaact � _ Input on�no monetar impact Staff Recommendation the Public Hearing and receive input City Maqager Approval Proposed Council Motion: motion is not required�_ ITEM PH-1 Medina City Council 2011 Strategic Goals Adopted 4-11-11 The following goals are not listed in priority order but reflect the City Council's Strategic Goals for roughly the next five to ten years. A. Highway 520: Protect Medina's interests impacted by SR 520 construction project related to lid design, regional tolling, transit, park and ride lot, noise walls, 84th Ave. and control of land use adjacent to the 520 right-of-way B. Local Traffic: Develop a plan and implementation strategies for traffic safety and calming, to discourage speeding and cut -through traffic, encourage safe pedestrian and bicycle access, and create visible entry points into the City C. Public Safety: Reach a full complement of police staff and promote public safety through policies that support education, emergency preparedness, effective and efficient use of technology in order to maintain a safe and secure community D. Facilities and Infrastructure: Develop and implement a capital improvement plan that identifies needed projects and funding for maintenance and upkeep, shop facilities, park expansion, underground utilities, pedestrian walkways and trails, and storm water improvements E. Land Use: Ensure that Medina's Comprehensive Plan, building and zoning codes protects the natural suburban environment and the quality and character of the City through processes that are clear and serve both owners and neighbors F. Finance: Ensure a sustainable budget whereby ongoing revenues meet ongoing expenditures though the development and maintenance of sound financial policies to include but not limited to maintenance of appropriate fund balances G. Communications: Maximize public awareness and involvement in City business with continuous improvement of communication strategies and industry standards to deliver timely information regarding city services, programs, and events. ITEM PH-1 ,qV of Mf piy9 2012 Budget Calendar City of Medina, Washington Statutory Planned Dates Dates 2011 Budget Process No legal March 28, 2011 Council Retreat to update 2011 Strategic Goals requirement July 31, 2011 June 14, 2011 Council holds Public Hearing on Capital Improvement Plan July 31, 2011 July 11, 2011 Council approves Capital Improvement Plan Sept.12, 2011 Aug. 2, 2011 Department Directors begin preparing 2011 Budget Requests. No legal July 25, 2011 Council holds Study Session to analyze 2011 requirement Expenditures and Revenues to provide direction for 2012 bud et preparation No legal Aug. 8, 2011 Council holds Preliminary Public Hearing to gather input requirement on 2012 Budget Oct. 3, 2011 Aug. 20, 2011 Department Directors 2012 Budget requests submitted to Finance Director and City Manager. Oct. 3, 2011 Sept. 12, 2011 City Manager provides the 2012 draft Preliminary budget to the City Council including yearend 2011 Revenue and Ex enditure projections No legal Sept. 26, 2011 Council holds a study session on 2012 Preliminary requirement Budget Nov. 2, 2011 Oct. 10, 2011 City Manager files 2012 Updated Preliminary Budget & Budget Message with the City Clerk and the City Council. Prior to Oct. 10, 2011 Council holds Public Hearing on Preliminary Budget November 30, 2011 No legal Oct. 24, 2011 Council holds a work session on 2012 Final Budget requirement No later than Nov. 2 through City Clerk publishes notice of filing of 2012 Preliminary Nov 2, though Nov. 15, 2011 Budget with the City Clerk and publishes notice of public Nov. 15, 2011 hearing on final budget once a week for two consecutive weeks Nov. 18, 2011 Nov. 14, 2011 Copies of proposed final budget are made available to the public at the Regular City Council meeting Dec. 5, 2011 Nov. 14, 2011 Council holds final public hearing and sets the 2012 Property Tax Levy to certify property tax levy to King County Assessor's Office Dec. 31, 2011 Nov. 14, 2011 Council adopts Final 2012 Budget at the Regular Monthly City Council meeting. After Adoption As soon as final Copies of 2011 Budget are available to the public and document is filed with the Washington State Auditor's Office, MRSC, tinted. AWC, and Bellevue Library. ITEM PH-1 2012 Budqet Preparation Council will develop an approach to address long-term sustainability of ongoing revenues and expenditures. • 1/11/11: Staff will research and draft Financial Policies related to Fund Balances, Reserve Fund and Investments for Council consideration: 7/25/11: Council and Staff reviewed Draft Financial Policies at July Study Session. • 1/11/11: Council will provide policy direction for labor contracts as contracts are renegotiated. 7/25/11: CPI Index figures were released: CPI reported at an increase of 3.7% for the period of June 2010-2011. • 1/11/11: Staff will review the operational structure to identify expense reduction efficiencies. 7/25/11: Council and Staff reviewed Overview of 2012 Budget for Revenue & Expense, Direct Labor Costs and Costs of Other Governmental Services. • 1/11/11: Council will direct staff to review additional revenue sources as needed. 7/25/11: 2012 Discussion: Council will provide policy guidance on 2012 Revenue Source Options: Business Licenses, extend/modify Utility Tax & Franchise Fee rate 3%/$300,000, REET Operations Funds of 35%/$276,000 Medina City Council Regular Meeting ITEM OB-1 Monday, August 8, 2011 AGENDA BILL Request for Concurrence with WSDOT/FHWA Proposed de minimis Subject: Determination for Relocations of Points Loop Trail to NE 281h Street Category: ❑ Consent El Ordinance El Public Hearing 9 ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Joe Willis, Sr., Public Works Director Summary: WSDOT has proposed relocation of a portion of Points Loop Trail from the north side of SR 520 between 84th Ave NE and Evergreen Point Road to the south side of SR 520 along the right-of- way of NE 28th Street. The owners along the new proposed trail were sent letters and invited to an open house at Three Points Elementary School held on April 26th. Based on comments from the residents, the proposed trail configuration is proposed as shown on EXHIBIT 3 attached. The trail will follow the same alignment from 84th Ave NE to the cul-de-sac at the east end of NE 281" and is proposed as an on -street trail from there to 80th Ave NE along the north side of the travelled roadway where it would transition to a new sidewalk located adjacent to the travelled roadway to the sidewalk that exists along the Three Points Elementary School playfield. The on - street portion of the trail between the cul-de-sac and 80th was in response to resident requests to preserve their frontage improvements and maintain more separation from the street. Per 23 CFR Part 774 (Federal Registry), an impact to a park, recreational area, or wildlife and waterfowl refuge may be determined to be "de minimis" and allowed if the transportation use of the Section 4(f) resource (in this case Fairweather Park), including consideration of the impact avoidance, minimization, and mitigation or enhancement measures, does not adversely affect the activities, features, and attributes that qualify the resource for protection under Section 4(f). Since the trail supports recreational use, WSDOT conducted an assessment of its use as a Section 4(f) resource and concluded that the offsetting ability to provide additional landscaping on the north side of SR 520 and the limiting of taking of private property to accommodate that alignment location justify the trail relocation to the south side of SR520. It is staff's recommendation that the Council concur with the request for concurrency on the de minimis determination request. Attachments: 1. August 8, 2011 WSDOT letter to Mayor Jordan 2. Exhibit 3 Bud�c et/Fiscal Impact None. Approve the Concurrency Request for a de minimis impact to relocate the Points Loop Trail to the south side of SR 520 and NE Staff Recommendation: t Street. Citv Manager Approval• Proposed Council Motion: I'move to approve concurrency request for a de minimis impact to relocate the Points Loop Trail to the south side of SR 520 and NE 281h Street and authorize the Mayor to sign the concurrency statement. � Washington State '#A Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation August 8, 2011 Mayor Bret Jordan Medina City Hall 501 Evergreen Point Road Medina, WA 98039 Engineering and Regional Operations SR 520 Bridge Replacement and HOV Program 600 Stewart Street, Suite 520 Seattle, WA 98101 Phone:206-770-3500 Fax: 206-770-3569 TfY:1-800-833-6388 www.wsdot.wa.gov/Projects/SR520Bridge RE: Request for Written Concurrence of "de minimis" Impact for Relocation of a Segment of the Points Loop Trail in relation to the SR 520, Medina to SR 202: Eastside Transit and HOV Project Dear Mayor Jordan: The Washington State Department of Transportation (WSDOT) proposes to relocate a portion of the Points Loop Trail for the SR 520, Medina to SR 202: Eastside Transit and HOV Project. I am writing tol request your assistance in providing concurrence that this relocation would have a de minimis impact on the activities, features, and attributes of the trail protected under Section 4(f) (23 CFR 774) of the Department of Transportation Act of 1966. This relocation of the trail was recently identified and thus was not described in previous correspondence with the jurisdictions. Introduction WSDOT is proposing to construct the SR 520, Medina to SR 202: Eastside Transit and HOV Project to reduce transit and high -occupancy vehicle (HOV) travel times and to enhance travel time reliability, mobility, access, and safety for transit and HOVs in rapidly growing areas along the State Route (SR) 520 corridor east of Lake Washington. The project includes building a complete HOV system between Evergreen Point Road and 108th Avenue NE and restriping the existing HOV lanes from the outside lanes to the inside lanes between the 108th Avenue NE interchange and SR 202 in Redmond. A Section 4(f) evaluation was completed in December 2009 as an appendix to the National Environmental Policy Act (NEPA) documents, SR 520, Medina" to SR 202: Eastside Transit and HOV Project Environmental Assessment (WSDOT 2009) and SR 520, Medina to SR 202: Eastside Transit and HOV Project Environmental Finding of No Significant Impact (WSDOT 2010). The Section 4(f) evaluation is titled Appendix T, Section 469 Resources Technical Memorandum (WSDOT 2009). The evaluation includes a discussion of the Points Loop Trail, a Section 4(f) resource. When the Federal Highway Administration (FHWA) considered construction and operational activities of the proposed SR 520, Medina to SR 202: Eastside Transit and HOV Project— Points Loop Trail Section 4(f) Analysis August 8, 2011 Page 2 of 7 project, it determined that the Points Loop Trail would meet the Section 4(f) exemption for trails located within existing transportation right-of-way, and was therefore exempt from Section 4(f) evaluation. However, the proposed relocation would move a short segment of the trail outside of the existing transportation right-of-way, and this proposed relocation meets the criteria for de minimis impact under Section 4(f). In response to local coordination and permit conditions (described below), WSDOT is relocating the Points Loop Trail from the north side of SR 520 to the south side of SR 520 along NE 28th Street in Medina between the vicinity of 77th Avenue NE and 84th Avenue NE. Because the Points Loop Trail is a Section 4(f) resource, additional analysis is needed to assess potential use of the resource. This evaluation discusses impacts on the relocated segment of the Points Loop Trail. Relocating the trail would avoid impacts on private property near Fairweather Place. The use of the original trail alignment described in the Environmental Assessment would require a partial taking of two private property parcels. During the public hearing and comment process for the project's Shoreline Conditional Use Approval, alternatives to this taking were explored in coordination with the Town of Hunts Point and adjacent property owners. Using the proposed southern alignment would allow the Points Loop Trail to be located entirely within WSDOT or local jurisdiction right-of- way and to avoid private property impacts. In addition, the change in alignment allows for an additional landscape planting area north of the highway. This would provide visual screening, a key requirement of the project's Shoreline Conditional Use Approval. Exhibit 1 shows the project vicinity and the existing Points Loop Trail. Exhibit 2 shows the proposed relocated Points Loop Trail. Exhibit 3 shows more detail of the proposed changes for the trail. (All exhibits are located at the end of this letter.) Section 4(t) Section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C-Section 303) prohibits FHWA from approving a project or program that uses land from a significant public park, recreation area, wildlife or waterfowl refuge, or historic site unless: • There is no feasible and prudent avoidance alternative to the use of the land; and • The project includes all possible planning to minimize harm to the property; or • The project will not have more than a "de minimis impact" on the property. In accordance with 23 CFR Part 774, analysis of feasible and prudent avoidance alternatives is not necessary in the case of a de minimis impact determination. 23 CFR Part 774.17 states "A de minimis SR 520, Medina to SR 202: Eastside Transit and HOV Project — Points Loop Trail Section 4(f) Analysis August 8, 2011 Page 3 of 7 impact determination... subsumes the requirement for all possible planning to minimize harm." Therefore, once a de minimis impact has been determined, an analysis of avoidance alternatives is not required. For de minimis to be applicable, a project must meet specified impact criteria. The criteria and associated determination requirements are different for parks, recreation areas, and wildlife and waterfowl refuges than for historic properties: • De minimis impacts on publicly owned parks, recreation areas, and wildlife and waterfowl refuges are defined as those that do not "adversely affect the activities, features and attributes of the Section 4(f) resource." • De minimis impacts related to historic properties are defined as impacts that result in a determination of either "no adverse effect" or "no historic properties affected" in compliance with Section 106 of the National Historic Preservation Act (NHPA). The information in this letter demonstrates that the construction activities of the proposed project would have a de minimis impact on the Points Loop Trail Affected Environment and Findings Points Loop Trail Points Loop Trail is a 5.4-mile-long trail that links the communities of Medina, Hunts Point, Clyde Hill, and Yarrow Bay (Exhibit 1). It includes 1.6 miles of off-street trails, 2.4 miles of streets with sidewalks, and 1.4 miles of trail along residential streets. In the project area, the Points Loop Trail is currently located completely within the WSDOT right-of-way and parallels SR 520, passing along the south side of Fairweather Park, Hunts Point Park, and Wetherill Nature Preserve. WSDOT has General Maintenance Agreements with the adjacent communities to ensure upkeep and policing of the trail within WSDOT right-of-way. Summary of Proposed Trail Relocation WSDOT proposes to relocate a portion of the Points Loop Trail from the north side of SR 520 to the south side, between 77th Avenue NE and 84th Avenue NE, along the north side of NE 28th Street. Anew segment of trail would be constructed along NE 28th Street from 77th Avenue NE to the cul-de-sac at the eastern end of NE 28th Street (Exhibit 2). The trail would cross the cul-de-sac and join with a proposed paved section of an existing paved off-street trail that continues eastward to 84th Avenue NE, where the trail would then cross over SR 520 on the 84th Avenue NE lid. From the lid, the Points Loop Trail would provide access to local streets and the SR 520 regional bike/pedestrian path. SR 520, Medina to SR 202: Eastside Transit and HOV Project — Points Loop Trail Section 4(f) Analysis August 8, 2011 Page 4 of 7 After the SR 520, Medina to SR 202: Eastside Transit and HOV Project is completed, the existing segment of the Points Loop Trail along NE 28th Street from 77th Avenue NE west to Evergreen Point Road and then north across SR 520 would be renamed as an excursion trail by the City of Medina. This excursion trail would remain in its current location and provide access to the lid at Evergreen Point Road, transit facilities, the regional bike/pedestrian path, a new connector trail to 80th Avenue NE on the north side of SR 520, and passive recreational facilities. The regional bicycle/pedestrian path will remain on the north side of SR 520, and still accommodate regional commuters. The new Points Loop Trail design removes the existing connection from 84th Avenue NE to 80th Avenue NE and Fairweather Place; however, the SR 520, Medina to SR 202: Eastside Transit and HOV Project includes a new connector trail that will provide new access from the regional bike/pedestrian path to local streets (Exhibit 3). Design Details of Relocated Trail Segment From Evergreen Point Road eastward to 77th Avenue NE, the relocated trail would follow the existing 5- foot-wide sidewalk on the north side of NE 28th Street. From the west driveway of the Bellevue Christian/Three Points Elementary School to the eastern Bellevue School District property line a curb, gutter, and 5-foot-wide sidewalk would be installed. From the eastern Bellevue School District property line there would be an Americans with Disabilities Act (ADA) compliant ramp down to street level, approximately 12 to 18 feet long. The trail would continue as a 5-foot-wide on -street trail from the end of the ramp to the cul-de-sac at the eastern end of NE 28th Street. The trail would be delineated 5 feet from the north edge of the existing pavement. Crosswalks would be provided at certain locations for safety purposes. A paved off-street trail would extend from the east side of the cul-de-sac on NE 28th Street to 84th Avenue NE. The trail would match the width of the existing paved off-street trail (approximately 8 to 9 feet wide) and would be repaved with hot mix asphalt. The relocated Points Loop Trail would continue across the new lid structure at the 84th Avenue NE interchange from the southwest quadrant to the northeast quadrant of the lid. At the 84th Avenue NE lid, the Points Loop Trail would be a paved, 9-foot-wide shared -use path. During construction, the trail would follow detour routes using local streets, ensuring that the continued use and continuity of the trail would not be impaired. Detour routes for sections of the existing trail could be needed for 4 to 12 months, depending on the construction activity adjacent to the relocated trail. SR 520, Medina to SR 202: Eastside Transit and HOV Project — Points Loop Trail Section 4(f) Analysis August 8, 2011 Page 5 of 7 De Minimis Finding In accordance with 23 CFR Part 774, an impact to a park, recreation area, or wildlife and waterfowl refuge may be determined de minimis if the transportation use of the Section 4(f) resource, including consideration of impact avoidance, minimization, and mitigation or enhancement measures, does not adversely affect the activities, features, and attributes that qualify the resource for protection under Section 4(f). The segment of the Points Loop Trail proposed for relocation is a relatively small segment of the trail. It would be relocated with improvements, opportunities for trail use would not be substantially changed, and the user experience would be improved and more pleasant because a portion of it would be screened from the noise and visual effects of SR 520. The proposed trail segment relocation would not adversely affect the activities, features, and attributes of the Section 4(f) resource. Therefore, the section of the trail proposed for relocation would meet the criteria for a de minimis use of the resource (23 CFR Part 774). The draft de minimis finding was available for public review for a period of 2 weeks. No comments were received. For the reasons discussed above, WSDOT and FHWA have concluded that the project qualifies as a de minimis impact on the Points Loop Trail. In order to make a de minimis impact finding, written concurrence from the official with jurisdiction over the resource is required. In this regard, your assistance in confirming the de minimis impact to the Points Loop Trail is greatly appreciated. For your convenience, we have included a concurrence statement at the conclusion of this letter for your signature and return. Thank you for your support of the project and assistance in confirming the designation of the property in question. We would greatly appreciate your signature and return of this concurrence letter by August 8, 2011. If you need additional information regarding the project, please contact me at (425) 998-5264 or edwarddkwsdot.wa.gov. Sincerely, David L. Edwards, P.E. Project Engineer SR 520, Medina to SR 202: Eastside Transit and HOV Project SR 520, Medina to SR 202: Eastside Transit and HOV Project — Points Loop Trail Section 4(f) Analysis August 8, 2011 Page 6 of 7 Enclosures CC: Margaret Kucharski, WSDOT Daniel Babuca, WSDOT WSDOT Document Control SR 520 Project Files Donna Hanson, City of Medina Rachel Baker, City of Medina Joe Willis, City of Medina SR 520, Medina to SR 202: Eastside Transit and HOV Project — Points Loop Trail Section 4(f) Analysis August 8, 2011 Page 7 of 7 Concurrence Statement: The City of Medina has jurisdiction over the segment of the Points Loop Trail proposed for relocation, along with the Town of Hunts Point. Under Section 4(f) provisions for de minimis impacts, as one of the agencies with jurisdiction over the relocated segment of the Points Loop Trail, the City of Medina concurs that the proposed use of the resource for the SR 520, Medina to SR 202: Eastside Transit and HOV Project constitutes a de minimis impact (defined as an impact that does not "adversely affect the activities, features and attributes" of the resource). Signed Name Title Date Lake Washington 1,2851 EveMree c. 1 i 1, � � 4•{ 1 +- r i_- ! ,.� Yarrow I Bay �, ------ j Z , 0 LU F _ 1 i a ;{; � n �i,.y_✓%Y...,_.! ppp + + O z Fur•,.rearher= a,� S iz I t Co z \ 'i a!520 l xl z! 10606 �0 _rthu�{ Way <w...h.iLLI zl� a I 3 z NE 28TH ST Fxigting PolntS - -- >• — --- w i w' Bellevue > Loop Trail of a; Kristian F. � School z I m j.. rr • I I ' UJ Z LU i 4 � t AREA • --••� Existing Points LOOP Trail Source: City of Bellevue (2005) .GIS Data (Trail), King County (2007) GIS Data (Waterbody), King County (2005 ® Historic Property GIS Data (Stream and Street), City of Bellevue (1999) GIS Data (City Limits), King County (2004) GIS Data (City Parks and Recreation Areas Limits), and CH2M HILL (2008) GIS Data (Parks). - within Study Area Horizontal datum for all layers is NAD83(91); vertical datum for layers is NAVD88. Park beyond Study Area szo City Limits Exhibit 1. Project Vicinity and the ��zs"`"b'°° Existing Points Loop Trail N 1 0 500 1,000 Feet Medina to SR 202: Eastside Transit and HOV Project /� I , I Points Loop Trail Section 4(o Analysis 21 Lake -- f Washinaron f 44 a. § R tf. L .'''. W ii) Yarrolw Bay �m t 7I 2; `! \F<�in-�.`aarh�r Copy Spy Cove{ ' tx _D,t" t ly-QLx .:. Lus rr1 ? 520 106 hu Way "k 2851 Eveforeen W'; `� I I ,' -' U f' -- --4------- - P f M w NE 28TH ST j - w ( _� -- - . ____-._ ._... W z. Proposed Relocated i >■ Bellevue ( Points LooplTrail of w v a. hristian z School # ��..� .�.._..o� IL �- --- ---- i -- ` > ! j t 1 _ i V <. 1 E �� AREA OF DETAIL-� Existing Points Loop Trail Source: City of Bellevue (2005) GIS Data (Trail), King County, (2007) GIS Data (Waterbody), King County (2005 s■•� Proposed Relocated Points Loop Trail GIS Data (Stream and Street), City of Bellevue (1999) GIS Data (City Limits), King County (2004) GIS Data (City ® Historic Property Limits), and CH21VI HILL (2008) GIS Data (Parks). Horizontal datum for all layers is NAD83(91); vertical Parks and Recreation Areas datum for layers is NAVD88. 520 _ within Study Area Park beyond Study Area La'z City Limits y Exhibit 2. Proposed Relocated Points Loop Trail N 0 500 1,000 Feet Medina to SR 202: Eastside Transit and HOV Project I I Points Loop Trail Section 4(f) Analysis Exhibit 3 - What are WSD Access to Points Loop Trail and transit facilities via SR 520 Regional Bike/Ped path and connector trail �r I fV _n > - . Updated June 30, 2011 I 5 i 201 Flo e i ' e'et CONCEPTUAL I DRAFT -THIS SKETCH ONLY DEPICTS THE IDEA ENGINEERING, OPERATIONS AND ENVIRONMENTAL ANALYSIS REQUIRED. Existing sidewalk trail s a r. r Connect . - -- 1 • ya « r { ILlj 4i fil w , •_ 41 Z I CLYE)' , LEGEND r oft Existing Points Loop Trails - .rt ` 'M 17RI an + Relocated Points Loop Trail Removed Trail Access to. Fairweather PL t^ Q New son existing alignment NORMWAM Connector Trail * Noise Wall & Barrier SR 520 Regional Bike/P ed Path _. Proposed Noise Wall """— — Existing Right -of --Way ...r�.... Municipal Boundary ktki �fiI f, Propose .. TYPI6TED TRAIL CR d storrnwaterF8CII1 �SS SET ` Facility g wes 10 r p� Medina City Council Regular Meeting ITEM OB-2 Monday, August 8, 2011 AGENDA BILL An Ordinance Amending MMC 1.15.030, 1.15.100, 1.15.330, 12.08.005 and 12.08.010 Adding Civil Enforcement Provisions and Clarifying Subject: Construction Mitigation Measures for Construction in Streets Category: ❑ Consent ® Ordinance ❑ Public Hearing g ❑ City Council Business ❑ Resolution ❑ Other — Discussion Prepared By:_ Robert J. Grumbach, AICP, Director of Development Services. Summary The City Council recently adopted Ordinance 857, which amended Chapter 12.08 to add authority to apply the construction mitigation measures in Chapter 15.20 to projects that do not require permits, but impact City streets such as the SR 520 construction. Subsequently, staff has found that the enforcement provisions prescribed in Chapter 12.08 are not very effective in addressing violations of this chapter. Currently, MMC 12.08.010(E) classifies these violations as a misdemeanor subject to penalties not to exceed $300 and 90 days in jail. This means a court action is required to determine criminal guilt and penalties. Similar to a violation of a zoning code or construction mitigation plan, criminal prosecution of these types of violations are difficult to obtain. To create a more effective enforcement tool, the proposed ordinance would utilized the citation procedures in Chapter 1.15 (Code Enforcement) and designate these as civil violations subject to monetary fines. A citation is considered the better enforcement tool for these types of violations because they are momentary in nature. Additionally, the ordinance would clarify that the City's authority for applying construction mitigation measures under Chapter 12.08 includes those activities impacting the right-of-way and not just construction occurring within the right-of-way. A right-of-way permit would be required to provide a mechanism for applying mitigation measures. Finally, a couple of minor housekeeping items are included to update the reference to the building codes and adding an all-inclusive reference clause so that Chapter 1.15 applies wherever the municipal code makes reference to the chapter. Attachment: Proposed ordinance µBudgeti1 fiscal_ Impact:__ Cost for enforcement Staff Recommendation: ApprQle µw Citv Manager Approval: MUve to approve adopting an ordinance of the City of Medina amending Medina Municipal Code Sections 1.15.030, 1.15.100, 1.15.330, 12.08.005 and 12.08.010 adding civil enforcement Proposed Council provisions and clarifying construction mitigation measures for Motion: construction in streets ITEM OB-2 Ordinance No. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTIONS 1.15.030, 1.15.100, 1.15.330, 12.08.005 AND 12.08.010 OF THE MEDINA MUNICIPAL CODE (MMC) ADDING CIVIL ENFORCEMENT PROVISIONS AND CLARIFYING CONSTRUCTION MITIGATION MEASURES FOR CONSTRUCTION IN STREETS WHEREAS, the City Council adopted Ordinance No. 857, which included new provisions related to construction mitigation measures in the City's street rights -of -way; and WHEREAS, subsequent to adopting Ordinance No. 857, the City found the enforcement provisions presently set forth in Chapter 12.08 MMC are not consistent with the City's policy of improving the efficiency, effectiveness and economy of code enforcement; and WHEREAS, the City Council wishes to make the code enforcement provisions set forth in Chapter 1.15 of the Medina Municipal Code as the enforcement provisions for Chapter 12.08 MMC; and WHEREAS, the City Council wishes to clarify the application of construction mitigation measures to construction projects affecting the City's street rights -of -way; and WHEREAS, the adoption of an ordinance pertaining to administrative procedures relates solely to governmental procedures and contains no substantive standards respecting use or modification of the environment and is therefore exempt from the requirements of the State Environmental Policy Act pursuant to WAC 197-11-800(19). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Section 1.15.030 of the Medina Municipal Code is hereby amended to read as follows: This chapter applies to any violations of: A. Title 17 MMC, Zoning; B. Chapter 8.04 MMC, Nuisances; C. Chapter 8.06 MMC, Noise; D. Chapter 12.08 MMC, Construction in Streets; ((B))E. Chapter 12.28 MMC, Tree Code; ((€))F. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way; Chapter 14.12 MMC, Site Plan Review; (( • ;)) H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities; I. Chapter 18.04 MMC, Shoreline Management Master Program; ((aF4)) J. Chapter 18.12 MMC, Environmentally Sensitive Areas((...% K. Chapter 20.40, Building Codes: and L. Other Medina Municipal Codes that make reference to this chapter. 1 of 4 ITEM OB-2 Section 2. Section 1.15.100 of the Medina Municipal Code is hereby amended to read as follows: A. The following violations listed in MMC 1.15.030 shall be subject to the citation and/or criminal provisions set forth in this chapter: 1. Exceeding noise standards established in MMC 8.06.010 that are administered under the authority of the administrator or hearing examiner. 2. Failure to comply with the terms and conditions of a code of conduct, or construction mitigation plan issued pursuant to chapter 15.20 MMC. 3. Failure to comply with erosion control measures and erosion best management practices prescribed in chapter 13.06 MMC. 4. Failure to comply with a stop work order issued pursuant to MMC 1.15.300. 5. Failure to obtain to a tree removal permit as prescribed in MMC 12.28.030. 6. Failure to obtain and/ or comply with the terms and conditions of a right-of-way permit issued pursuant to MMC 12.08.010. B. A citation shall be issued in writing and carry a fine pursuant to MMC 1.15.330(A). Payment of the fine shall not relieve the person responsible for a violation from the obligation to correct, abate or stop the violation. C. Each day a violation continues to exist shall constitute a separate violation upon which a new citation may be issued and another fine assessed. Nothing in this chapter shall be construed to restrict the City's ability to issue a new citation or pursue other enforcement actions prescribed by this chapter as long as the violation continues to exist. Section 3. Section 1.15.330 of the Medina Municipal Code is hereby amended to read as follows: A. Monetary penalties for a citation shall be in accordance with Table MMC 1.15.330: Table MMC 1.15.330 Second Third & Code Provision First Violation Violation Subsequent Violations Exceeding Noise Standards $100 $200 $500 Failure to comply with code of conduct or construction $100 $400 $750 mitigation plan Failure to comply with erosion control measures $100 $200 $500 and best management practices Failure to comply with a $300 $750 $1,500 stop work order Failure to obtain a tree $100 $400 $750 removal permit Failure to obtain and/ or comply with a right-of-way 100 400 750 ermit B. Monetary penalties for a notice of violation shall be as follows: 1. First day of each violation, $100; 2of4 ITEM OB-2 2. Second day of each violation, $200; 3. Third day of each violation, $300; 4. Fourth day of each violation, $400; 5. Each additional day of violation beyond four days, $500 per day. Section 4. Section 12.08.005 of the Medina Municipal Code is hereby amended to read as follows: A. All uses and activities associated with construction and excavation within the rights -of -way shall comply with the requirements prescribed by the Medina Municipal Code, as well as other requirements promulgated by the City Engineer and/ or the City manager or designee. B. In addition to other requirements, the City may condition ((apprevat)) allowance of uses and activities associated with construction and excavation impacting ((w+th+e)) the rights -of -way with applicable mitigation measures set forth in MMC 15.20.030. Section 5. Section 12.08.010 of the Medina Municipal Code is hereby amended to read as follows: A. It is unlawful to dig or cut into or mar, deface or alter any road or street right-of-way, whether improved or unimproved, without first obtaining, and in compliance with the terms of, a right-of- way permit pursuant to Chapter 20.80 MMC and the provisions of this chapter. Additionally, the City Engineer and/ or the City manager or designee may require a right-of-way permit to use the City's right-of-way when a construction or excavation activity is anticipated to negatively impact the City's streets. B. 1. No permit shall be issued unless the action proposed is reasonably necessary and is consistent with the comprehensive plan and the street design standards referenced therein. 2. All such permits shall require that adequate warning or protective structures, signs, signals or devices will be maintained until the right-of-way is restored and that restoration will be accomplished in a reasonable time specified therein to a condition substantially equal to its prior condition, to the decided satisfaction of the city manager. 3. In the event of failure to restore the right-of-way as set forth above, the city shall have the right, but not the obligation, to restore the right-of-way to its prior condition and to charge all costs thereof to the applicant. A lien for such costs may be placed against any property of the applicant within the city and enforced as a mechanics lien pursuant to the laws of the state. C. Any permit issued under this section shall state the location of the proposed action, why it is necessary, whether or not warning or protective structures, signs, signals or devices shall be maintained, the time within which the road or street right-of-way must be restored, and the deposit or bond, if any, required to protect the city in its restoration. D. Fees charged for issuance of right-of-way permits are specified in the fee schedule adopted pursuant to Chapter 3.64 MMC and, where there is any cutting of the surfaced portion, a deposit or bond may be required in an amount sufficient to assure adequate and timely restoration. Upon such restoration, any deposit shall be returned or bond released; otherwise, the person authorized may withhold so much of the deposit as may be necessary to assure such restoration or instruct the city attorney to bring action against the permittee and/or his surety. E. An -V))v_iolation (( )) of this Chapter shall be subject to the enforcement provisions and penalties set forth in Chapter 1.15 ((seGtmGR isa and shall be bet#)). 3of4 ITEM OB-2 Section 6. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 7. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS IN AUTHENTICATION OF ITS PASSAGE ON THE Approved as to form: Bruce Disend, City Attorney 4 of 4 DAY OF 2011 AND SIGNED DAY OF 2011. Mayor Attest: Rachel Baker, City Clerk ITEM OB-3 MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. 11 Council Retreat and Other Business 2011 Draft Le illative A eg nda _ Hanson Approved. Other Business 2011 Council Committee Assments Mayor Completed. Other Business 2011 Planning Commission Work Plan Grumbach Amended worklan approved. Other Business 2011 Budget Discussion Discussion. Direction to amend 2011 Hanson, Adams Budget. Other Business roval ng Appof Chae Order No 3 City Hall Project _ Willis Approved v 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 A enda Ordinance Ado tin 2009 Ener Code Grumbach Adopted Ordinance No. 870. Executive Session RCW 42.30.110 (1)(i)� Disend Completed. Executive Session RCW 42.30 ____Disend Completed. Executive Session RCW 42.30.110 1) i) Disend Com leted. Executive Session RCW 42.30.110 (1)(i) Ken on Completed. Presentation 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 A roved. Consent Agenda Construction Mana e r Contract Amendment Willis Approved. Consent Agenda Cit Ham„ all Architectural Services A rem ement Willis FApproved.v Consent Agenda ARCH 2O11 Budget and Work Plan _____ Hanson Approved. Consent Agenda R_eceM i�t cf 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 Approved. Other Business Consultant Agreement for SR 520 Project Willis Approved. Other Business Discussion of SR 520 Public Access Options Completed. Other Business _Willis City Attorney Services A reement/2011 Fee Structure _ Hanson Approved. Other Business Newsletter Communication Costs Baker Completed. Executive Session RCW 42.30.110 (1)(i) Disend Completed. ITEM OB-3 M MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Presentation King County Counci) Member Jane Hague _ Jane Hague Completed. Presentation Part 150 Study Allyson Jackson Completed. Consent A enda Consent Agenda 2010 Financial Year End Report Contract Award: NE 12 St & Lk WA Blvd Improve. Pro). Adams Willis A proved. Awarded to NPM Construction Co.TM Other Business Approval of Medina City Hall Change Orders Willis Approved. M 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 Cit�Council Goals and Strategies Hanson Discussion. Discussion Communication Strategy Hanson/Baker Discussion. Other Business CityCouncil Ground Rules Hanson Discussion. Consent Agenda Ratification of Austin & Rohrbach Settlement Agreements Hanson Ratified. Consent Agenda Ado tion of 2011 City Council Strate is Goals Hanson Ado ted� �_.._ Consent Ag_ enda Adoption of 2011 Ci Council Ground Rules Hanson Adopted. Reports State Route 520 and Lid Desi n Update Willis/Nelson Completed. Reports 2010 Accomplishments Hanson Completed. ut or' fi nied Temporary use of - 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 agreements). City manager authorized to negotiate and sign agreement with Sound Law Center for Hearing Other Business Review of Hearing Examiner Qualifications Grumbach Examiner Services. Executive Session RCW 42.30.110 (1) i) Completed. Open House State Route 520 Eastside Project Desi n & Pro)ect Updates WSDOT Completed. _ __ ._ Project __ _ .�. Presentation State Route 520 Eastside Project Design & Project Update WSDOT Completed. Schedule 06/13/2011 Public Hearing for Code Amendment Consent Agenda Relating to Off -Site Accessor BuY ildings and Uses Grumbach Approved. Consentenda Schedule 06/13/2011 Public Hearing for Draft Six -Year CIP/TIP (2012-2017 _ Willis Approved. Reports Fairweatherindependent Towers Public Process Grumbach Completed Other Business Proposed 2011 Bud et Amendment B Ordinance Adams Adopted Ordinance Number 872. ITEM OB-3 ��areor MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Discussion Code Ordinance Briefing Grumbach Completed. Discussion _Zoning Shoreline Master Program Update Grumbach Completed. Briefing re Proposed Ordinance Relating to Off -Site Accessory Discussion Buildings and Uses Grumbach Completed. Discussion Comprehensive Plan Amendment-Streetscape Grumbach Completed. Presentation Chief Recruitment Process GarrVAnderson Completed. _ Recognition of Volunteer Service (Planning Commission, Presentation Goudy) Mayor Awarded. Donations and volunteers needed. Reports Medina Days 2011 Update Hanson Go to www.medinadays.org Confirmation of Appointment to Civil Service Commission Consent A enda Position 1 Council Confirmed Peter Jorgenson, Pos 1 Confirmation of Appointments to Planning Commission Confirmed Alex Morcos, Pos 2 & Consent AA�enda Positions 2, 4 _ Council Peter May, Pos 4 Confirmed Susan Loren -Taylor, Pos Consent Agenda Confirmation of Appointments to Park Board Positions 2, 5 Council 2 &Ross Mickel, Pos 5 Consent A enda Approval of Snohomish Count Jail Services Contract Yourkoski Contract approved. Approval of King County I -Net Services Contract Amendment Consent Agenda No. 1 Yourkoski Contract approved. Resolution Authorizing Sale of 2,718 Square Feet of Consent A end da Fairweather Park Willis Resolution No. 348 approved. Authorization to Sign 2012-2014 CDBG and HOME Combined Public Hearin¢ r Draft Six Year CIP/TIP (2012-2017) Willis Com Public Hearing/ Other WSDOT/FWHA proposed de minimis Section 4(f) Public hearing held. Motion to table Business determination for Fairweather Park Willis matter until July 11. Public Hearing/ Other Ordinance for Code Amendment Relating to Off -Site Public hearing held. Ordinance No. Business Accessory Buildings & Uses Grumbach 873 adopted. Proposed Ordinance for Minimum Maintenance Standards for Other Business Vacant Residential and Abandoned Construction Sites Grumbach Adopted Ordinance No. 874 Design Selection for Independent Towers' Wireless Approved design option five, light Other Business Communication Su port Structure at Fairweather Park Grumbach pole. Executive Session RCW 42.30 110 (1)(i)-� Completed. No Action. Adoption of Six -_Year CIP/TIP and Resolution_ Willis Approved Resolu_tion_No. 349 Revised Contract for Professional Services,Wireless Consultant Grumbach Approved. Amendment to Shoreline Consultant Contract Grumbach Approved. V� Denied concurrency request for de minimis impact on Fairweather Park Tabled item from 06/13: WSDOT/FWHA proposed de minimis for use as a temporary park & ride Consent A ennda . 4 Section f determination for Fairweather Park Willis lot. -" Authorized temporary use and temporary construction easement Other Business Temporary Construction Easement for Transit Path Willis a reement(s -- ___— ---_ _Discussion 2012 Budget Discussion_ Adams Completed. Discussion Council Agenda/Public Comment Placement Council Completed. M ITEM OB-3 MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Other City Hall Open House Consent Agenda Proposed Ordinance Related to Petty Cash Aaams a _ Public Hearing Introductory Hearin for 2012 Annual Budget Preparation Other Business Points Loop Trail De Mmimus Approval Willis m Proposed Ordinance: Amending MMC 1.15 and 12.08 Related Other Business to Code Enforcement for Construction in Streets Grumbach 2012 Draft Other Business 2012 Utility Fees Other Business 2012 Franchise Fees _ _ _ Other Business 2012 Utility Taxes _ 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 Adoption of 2012 Annual Budget and Annual Budget and Other Business Salary Schedule Ordinance Other Business Council Position 2/Oath of Office Presentation Outgoing Council Members